HomeMy WebLinkAbout4.4 - 3249 Three-Year Cooperative Agreement
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STAFF REPORT
CITY COUNCIL
DATE: June 2, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Three-Year Cooperative Agreement with Alameda County for Participation
in the Urban County Program for Community Development Block Grant
and HOME Investment Partnership Funds
Prepared by: Kristie Wheeler, Assistant Community Development Director
EXECUTIVE SUMMARY:
The City Council will consider a three-year cooperative agreement with Alameda County
for participation in the Urban County Program for Community Development Block Grant
and HOME Investment Partnership funds. This agreement will allow the City’s continued
participation in the Urban County program beginning July 1, 2021, for Federal fiscal
years 2021-2023.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing the Continued Participation of the City of Dublin in
the Alameda County Urban County for Community Development Block Grant Funds and
Authorizing the Execution of the Cooperation Agreement Between the City and County
of Alameda Regarding Participation in the Alameda County Urban County for
Community Block Grant Funds.
FINANCIAL IMPACT:
The agreement would allow the City to continue receiving CDBG and/or HOME funds
during the upcoming three-year cycle. Therefore, there would be no change to the
financial impact to the City.
DESCRIPTION:
The Community Development Block Grant (CDBG) program provides annual grants to
states, cities, and counties to develop viable urban communities by providing decent
housing and a suitable living environment, and by expanding economic opportunities,
principally for low- and moderate-income persons.
The City currently receives CDBG and HOME funds through the Urban County Program
administered by the Alameda County Department of Housing and Community
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Development (HCD). The Urban County Program is a way for cities with a population of
less than 50,000 to receive CDBG funds (cities over 50,000 may also choose to receive
their CDBG allocation through the Urban County Program). Dublin participates in the
Urban County Program through a Cooperative Agreement with unincorporated Alameda
County and the cities of Newark, Emeryville, Albany and Piedmont.
On April 21, 2020, the City Council received a report on the status of the City’s current
participation in the Urban County Program and options for future administration of
CDBG funds, including the option to become an Entitlement City (refer to Attachment 1).
After weighing the information presented and careful consideration, the City Council
directed Staff to inform HCD that the City would remain in the Urban County Program
and to pursue a new three-year Cooperative Agreement with Alameda County. In
addition, the City Council requested that Staff report back within the year on efforts to
further utilize Capital Grants and explore Economic Development programs.
ENVIRONMENTAL REVIEW:
Authorizing the City’s continued participation in the Urban County Program and
execution of a three-year cooperative agreement is not subject to the requirements of
the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section
15378 as it does not meet CEQA’s definition of a project and will not result in direct or
indirect physical changes in the environment.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. City Council Staff Report Dated April 21, 2020
2. Resolution Authorizing the Continued Participation of the City of Dublin in the
Alameda County Urban County for Community Development Block Grant Funds
3. Proposed Three-Year Cooperative Agreement
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STAFF REPORT
CITY COUNCIL
DATE: April 21, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Community Development Block Grant (CDBG) Program Review
Prepared by: Jim Bergdoll, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider its options to become an Entitlement City and receive
funding directly from the U.S. Department of Housing and Urban Development (HUD)
starting in 2021. The City currently receives CDBG funding through the Urb an County
program administered by Alameda County. The City must notify HUD and the County of
its decision by May 15, 2020 and begin to implement that decision.
STAFF RECOMMENDATION:
Direct Staff to either remain in the Urban County program or seek Entitl ement City
status and notify HUD and Alameda County HCD of that decision.
FINANCIAL IMPACT:
If the City remains part of the Urban County program, there would not be a change in
financial impact. Becoming an Entitlement City would cost approximately $30,000 in
consultant time to plan the program in FY 2020-21 and would also include a provision of
staff time. Program administration costs, including staffing, would begin in FY 2021-22
and the cost could be partially offset by the CDBG program which allows 20 percent of
the annual funding allocation to pay for program administration.
DESCRIPTION:
Background
The Community Development Block Grant (CDBG) program provides annual grants to
states, cities, and counties to develop viable urban communities by provid ing decent
housing and a suitable living environment, and by expanding economic opportunities,
principally for low- and moderate-income persons. The program is authorized under
Title 1 of the Housing and Community Development Act of 1974 and is administere d by
HUD. CDBG funds are allocated to local jurisdictions by HUD using a calculation based
on relative levels of pre-1940 housing, poverty, overcrowding, population, and regional
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growth lag.
The City currently receives CDBG funds through the Urban County program
administered by the Alameda County Department of Housing and Community
Development (HCD). The Urban County program is a way for cities with a population of
less than 50,000 to receive CDBG funds (cities over 50,000 may also choose to receive
their CDBG allocation through the Urban County program). Dublin participates in the
Urban County program through a Cooperative Agreement with the unincorporated
Alameda County and the cities of Newark, Emeryville, Albany, and Piedmont.
Dublin’s participation provides approximately $244,000 in CDBG funds to the Urban
County program. A portion of those funds are allocated specifically for Public Service
Grants to fund programs in Dublin, a portion is allocated to countywide service
programs, and a portion is placed into a pool of funds for Capital Grants that are
available to the Urban County jurisdictions on a competitive basis to fund capital
improvements.
Alameda County handles most of the required program administration, including
preparation of the Consolidated Plan, Annual Action Plan, and Citizen Participation
Plan. The Consolidated Plan must be prepared every five years, and include a needs
assessment, market analysis, anti-poverty strategy, goals, and projections. The Annual
Action Plan is prepared by the County prior to the start of each fiscal year and identifies
the goals, projections, and budget for the year. HUD also requires extensive reporting
and program monitoring which is handled by the County. This includes year end and
quarterly reporting of data on people served, demographics, etc., administration of
financial disbursements to grantees, periodic monitoring of every grantee, and financial
reporting on expenditures and balances.
Alameda County HCD administers certain CDBG-funded programs that benefit all the
Urban County jurisdictions. This includes administering a contract with ECHO Housing
to provide tenant/landlord and fair housing services. The County also funds the Minor
Home Repair Program administered by Healthy Homes, and a Rental Housing
Rehabilitation program that is available to Urban County jurisdictions.
Dublin’s share of discretionary CDBG funds are distributed through Public Service
Grants and Capital Grants. Public Service Grants are awarded through the City’s
Human Services Grants Program to local non-profit organizations serving Dublin in
conformance with program guidelines. These grants are awarded annually by the
Dublin City Council after reviewing recommendations made by the Dublin Human
Services Commission. Public Service Grants are limited to 15 percent of the total
annual CDBG funding allocation. Historically, Dublin has received more than its share of
the 15 percent Public Service Grant allocation by utilizing funds that have gone unused
by the other Urban County jurisdictions. This year, Dublin will award approximately
$85,000 in public services grants.
The Capital Grant program is administered by Alameda County to provide funding for
capital improvements. Organizations apply to the County with the City taking the lead on
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the application submittal. Approximately $630,000 is available annually to share
amongst the Urban County jurisdictions. This includes a $330,000+/- “capital pool”
which is available for projects through an RFP program, and at least $300,000 in
previously programmed categories like Rental Housing Rehabilitation and Preservation,
and Minor Home Repair. It should be noted that the funds in the “capital pool” are
shared amongst the Urban County jurisdictions and awarded to projects on a
competitive basis. The amount of money available to projects in Dublin can vary from
year to year. Open Heart Kitchen successfully applied for a $330,000 Capital Grant this
fiscal year to build out their new facility in Livermore which will serve the greater Tri -
Valley.
Current Consideration
Every three years, the City has the option to stay in the Urban County program or
become an Entitlement City. The City first became eligible to participate as an
Entitlement City in 2014 when the population reached 50,000. The City Council decided
in 2014 and again in 2017, to remain in the Urban County program. The City must once
again decide whether to remain in the Urban County program and enter into a new
three-year Cooperative Agreement or become an Entitlement City and begin the
process to establish that program. The City must inform HUD and Alameda County
HCD of its decision by May 15, 2020.
ANALYSIS:
The City of Dublin has the option to become an Entitlement City and receive CDBG
funds directly from HUD and take over program administration beginning in 2021 or
remain part of the Urban County program. Table 1 below provides a comparison of the
CDBG components for Dublin under the current Urban County program and as an
Entitlement City. All dollar amounts are provided on an a nnual basis with Urban County
program figures based on the current fiscal year, and Entitlement City figures estimated
based on information provided by HUD.
Table 1. Urban County & Entitlement City Program Matrix
Program Component Urban County Program (FY 2019/20) Entitlement City (Estimated)
CDBG Annual Allocation
(Allocated to programs noted
below)
$244,000 (estimated portion of Urban
County funds attributable to Dublin’s
participation in the program. These
funds are not the exclusive use of
Dublin nor are they a cap on annual
funding available to Dublin based
programs and services)
$250,000 +/- (estimated total amount
that would be available to Dublin in
year 1 of the program)
Public Service Grants (To
non-profit service providers
and limited to 15% max. of
annual allocation)
$36,600 (Note: Can utilize unused
Urban County funds to increase this
amount. For example, Dublin awarded
$85,000 in FY 2019/20 by accessing
unused funds from other Urban County
jurisdictions.
$37,500 (estimated total amount based
on the above number)
Capital Grants (To non-
profit organizations for
capital improvements)
Portion of $630,000 Urban County pool
awarded by County (Recent examples
include: Axis Health $16K loan
$160,000 total to be allocated by
Dublin through RFP (Unused funds
can be carried over into future years
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Program Component Urban County Program (FY 2019/20) Entitlement City (Estimated)
payments annually, $30K capital
improvements FY16 and $25K FY17;
CRIL roof replacement $5K FY16)
with certain limitations)
Economic Development
(Job creation for small, low
income owned or operated
businesses)
Amount varies per year and
determined by program administration
and funded from the annual CDBG
allocation based on program priorities
Amount varies per year and
determined by program administration
and funded from the annual CDBG
allocation based on program priorities
Tenant-Based Rental
Assistance (Emergency
housing funds available
partly from CDBG program,
and partly HOME)
Not available CDBG can be used for related support
services outside of 15% services cap.
HOME funds are used to provide
financial assistance
HOME Funds (rental
assistance, down payment
assistance, homebuyer
counseling, affordable
housing production)
Share of $585,000 pool awarded on
competitive basis to organizations
serving Urban County jurisdictions
$75,000 (program administered by
City, but funds continue to be
administered by HCD)
HUD 108 Loans (For Capital
Projects or Programs as 20-
year, low interest loan)
Available only in partnership with an
Entitlement City (example: Axis Health)
Up to 5x CDBG allocation (total
cumulative balance of all outstanding
108 loans cannot exceed this amount)
Program Administration
(20% max. of annual
allocation to cover program
administration, and
preparation of Consolidated
Plan, Annual Action Plan,
Citizen Participation Plan)
$6,600 to Dublin; and $42,200 to
Alameda County
$50,000 to Dublin
Consolidated Plan Prepared every 5 years by County with
staff input (costs offset by Program
Administration funds)
Prepared every 5 years by the City
(estimated cost: $30,000)
Annual Action Plan and
Citizen Participation Plan
Prepared annually by County with staff
input (costs offset by Program
Administration funds)
Prepared annually by City (costs offset
by Program Administration funds)
Monitoring and Reporting
to HUD
Prepared annually by the County Prepared annually by the City
Comparable/Nearby Entitlement Cities
Table 2 below provides the CDBG allocation for FY 2020 - 21 for comparable and
nearby Entitlement Cities.
Table 2. Comparable Entitlement City Annual Allocations
City Population
1/1/2019 (DOF)
CDBG Allocation
FY 2020/21*
Santee (San Diego County) 58,408 $276,000
San Clemente (Orange County) 65,405 $356,000
Walnut Creek (Contra Costa County) 70,212 $342,000
Pleasanton (Alameda County) 80,492 $342,000
Livermore (Alameda County) 91,039 $437,000
Dublin (Alameda County) 64,577 $250,000*
*Entitlement City figures for Dublin estimated based on information provided by
HUD.
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The cities of San Ramon (population 72,073) and Brentwood (population 51,335) are
examples of cities which are similar in size and demographics to Dublin that are not
Entitlement Cities, and do not plan to change that status.
As an example of how CDBG funds can be spent by category, Table 3 below shows
how the cities of Livermore and Pleasanton proposed spending their a nnual CDBG
allocations as Entitlement Cities in FY 2019-20.
Table 3. Livermore and Pleasanton CDBG Allocation by Category FY 2019 -20
Program Component Livermore Pleasanton
Capital Grants
Homeowner Housing Rehabilitation $160,000 --
Tri-Valley REACH Home Maintenance & Repairs $12,000
Community Facilities Rehabilitation -- $183,000
Axis Clinic Loan Repayment -- $23,000
Public Service Grants
Misc. Community Services $72,000 $48,000
Other
Tenant-based Based Rental Assistance/
Emergency Rehousing
$108,000 --
Administration $88,000 $64,000
Total $440,000 $318,000
Urban County Program
Historically, Dublin’s CDBG program efforts have primarily focused on Public Service
Grants. If Dublin were to remain in the Urban County program, there appear to be
opportunities for the City to expand its CDBG program to further utilize available
funding, particularly in the Capital Grant and Economic Development categories. These
efforts would require coordination with Alameda County HCD and allocation of
additional staff resources to the CDBG program. These funds would be drawn from the
Urban County pool of funds ($630,000+/-) for Capital Grants. Potential uses of Capital
funds include:
• Single-Family Home Rehabilitation or Weatherization Grants.
• Incentivize the creation of Junior Accessory Dwelling Units.
• Community Facility Rehabilitation and Preservation - Expand facilities such as
Tri-Valley Haven.
• Assist non-profit organizations to acquire, rehabilitate and/or preserve
apartments for low-income households.
• Land Acquisition for New Affordable Housing.
• Public Works projects that improve ADA accessibility.
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The City could also potentially utilize CDBG Economic Development funds for job
creation/retention activities including establishment, stabilization and expansion of small
businesses if they are either owned by low income people or employ low income
workers.
If the City Council elects to remain in the Urban County program, but desires to expand
the programs funded through CDBG, they cou ld direct Staff to pursue such
opportunities.
Entitlement City
Becoming an Entitlement City would provide the City with greater control over the
CDBG program administration and certainty regarding annual Capital Grant funding. But
it could also reduce the maximum amount of potential Capital Grant and Public Service
Grant funding available each year because we could no longer utilize unused funds in
the Urban County pool (Please refer to the discussion immediately above for examples
of potential programs that could use capital funds). With that control would also come
additional work to administer the program. In addition to the upfront consultant time and
cost to plan the program, Staff believes additional staff time would be necessary to
manage the CDBG start up and ongoing program. This would either come in the form
of a redeployed staff resource or a staff augmentation through a consultant.
ENVIRONMENTAL REVIEW:
This information report is not subject to the requirements of the California Environment al
Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378 as it does not meet
CEQA’s definition of a project and will not result in direct or indirect physical changes in
the environment.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
RESOLUTION NO. XX - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY OF DUBLIN
IN THE ALAMEDA COUNTY URBAN COUNTY FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING EXECUTION OF
THE COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF
ALAMEDA REGARDING PARTICIPATION IN THE ALAMEDA COUNTY
URBAN COUNTY FOR COMMUNITY BLOCK GRANT FUNDS
WHEREAS, the United States Congress enacted the Housing and Community
Development Act of 1974 and Federal regulations have been adopted pursuant thereto,
hereinafter called the “Act;” and
WHEREAS, Title I of the Act consolidates previously separate grant programs for open
space, public facility loans, water and sewer grants, urban renewal, model cities, rehabilitation
loans, and affordable housing into a program called the Community Development Block Grant
(“CDBG”) program; and
WHEREAS, Title I makes available entitlement grants to cities whose 2010 Census
population exceeds 50,000 persons and to counties which qualify as an urban county; and
WHEREAS, the term "urban county" means any county within a metropolitan area which:
(1) is authorized under state law to undertake essential community development and
housing assistance activities in its incorporated areas which are not units of general local
government; and,
(2) has a combined population of 200,000 or more in such unincorporated areas and
in its included units of local government:
(A) in which it has authority to undertake essential community development and
housing assistance activities and which do not elect to have their population
excluded; or,
(B) with which it has entered into cooperation agreements to undertake or to
assist in the undertaking of essential community development and housing
assistance activities; and
WHEREAS, the Department of Housing and Urban Development (“HUD”) has made a
determination that the County of Alameda has the essential powers to operate as an urban
county; and
WHEREAS, the cities Albany, Dublin, Emeryville, Newark, and Piedmont, each of which
has a 2010 Census population of less than 50,000, have expressed their interest in joining with
the Alameda County Unincorporated County to continue in the Alameda County Urban Cou nty for
federal fiscal years 2021, 2022 and 2023; and
WHEREAS, these same five cities combine with the County of Alameda to form a
combined 2010 Census population of 200,000 or more persons, thereby qualifying as an urban
county, and becoming eligible for an entitlement of CDBG funds; and
WHEREAS, pursuant to HUD requirements, these same five cities must execute
cooperation agreements with the County of Alameda, wherein the parties agree to participate in
the Urban County for the duration of the three-year funding cycle.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby resolve, declare, determine and order as follows:
SECTION 1. The Dublin City Council hereby authorizes the continued participation of the
City of Dublin in the Alameda County Urban County.
SECTION 2. The Dublin City Council hereby authorizes the City Manager to execute a
cooperation agreement with the Alameda County in order to continue the City’s participation in the
Urban County.
SECTION 3. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2020, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Cooperation Agreement
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AGREEMENT
This Agreement is made and entered into this ____ day of __________________by and
between the CITY OF DUBLIN, hereinafter called "CITY" and the COUNTY OF ALAMEDA,
hereinafter called "COUNTY", regarding their cooperation with respect to Community
Development Block Grant funding.
WHEREAS, the Congress of the United States has enacted the Housing and Community
Development Act of 1974, and subsequent amendments to such Act, hereinafter called "ACT;"
and
WHEREAS, Title I of ACT consolidates previously separate grant programs for open
space, public facility loans, water and sewer grants, urban renewal, model cities, rehabilitation
loans, and affordable housing; and
WHEREAS, Title I makes available entitlement grants to:
(1) cities whose 2010 Census population exceeds 50,000 persons; and
(2) counties which qualify as an urban county; and
WHEREAS, the term "urban county" means any county within a metropolitan area which:
(1) is authorized under state law to undertake essential community development and
housing assistance activities in its incorporated areas which are not units of general local
government; and
(2) has a combined population of 200,000 or more in such unincorporated areas and in
its included units of local government:
(A) in which it has authority to undertake essential community development and
housing assistance activities and which do not elect to have their population
excluded; or
(B) with which it has entered into cooperation agreements to undertake or to
assist in the undertaking of essential community development and housing
assistance activities; and,
WHEREAS, five cities (Albany, Dublin, Emeryville, Newark and Piedmont) in Alameda
County have a 2010 Census population of less than 50,000 and desire to participate in the Alameda
County Urban County; and
WHEREAS, the participating cities, combined with the unincorporated portions of the
County of Alameda, form a combined 2010 Census population of 200,000 or more persons,
thereby qualifying as an urban county, and becoming eligible for an entitlement of Community
Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds; and
Cooperation Agreement
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WHEREAS, the participating cities agree that by executing these cooperative agreements
they may not apply for grants under the Small Cities or State CDBG Program from appropriations
for fiscal years during the period in which it is participating in the Urban County's CDBG program;
and
WHEREAS, the COUNTY and CITY cannot withdraw from the cooperative agreement
while the Program Year 2021-2023 Agreement remains in effect.
THEREFORE, it is agreed that:
1. CITY agrees that by executing this Agreement, CITY may not apply for grants from
appropriations under the Small Cities or State CDBG Program from appropriations for fiscal years
during the period in which it is participating in the Urban County’s CDBG program.
2. CITY agrees that by executing this Agreement, it may only receive a portion of the formula
allocation under the HOME Program through the Urban County. If the Urban County does not
receive a portion of the HOME formula allocation, the CITY cannot form a HOME Consortium
with other local governments. An Urban County or a unit of government participating with the
Urban County may apply to the State of California for HOME funds, if the State allows.
CITY agrees that by executing this Agreement, it may only receive the formula allocation
under the Emergency Solutions Grant (ESG) Program through the Urban County. If the Urban
County does not receive the ESG formula allocation, the CITY cannot form an Urban County with
other local governments. An Urban County or a unit of government participating with the Urban
County may apply to the State of California for ESG funds, if the State allows.
3. The Department of Housing and Urban Development, hereinafter called "HUD," has made
a determination that the COUNTY has the essential powers to operate as an urban county.
4. CITY and COUNTY will cooperate to undertake, or assist in undertaking, community
renewal and lower income housing assistance activities, specifically urban renewal and publicly
assisted housing, hereinafter called "PROGRAM", to be carried out with annual Community
Development Block Grant and HOME Investment Partnership funds, hereinafter called
"CDBG/HOME FUNDS", from Federal fiscal years 2021, 2022 and 2023 appropriations and from
any program income generated from the expenditure of such funds. Community renewal and lower
income housing assistance activities shall be those designated or referred to within Title I of the
ACT and Title II of the Cranston-Gonzalez National Affordable Housing Act and the regulations
issued pursuant thereto.
5. To carry out community renewal and lower income housing activities, COUNTY shall
distribute to CITY a portion of the CDBG funds received under the ACT from Federal fiscal years
2021, 2022 and 2023 appropriations. The funds distributed to CITY shall be determined in
accordance with such needs, objectives, or strategies, as COUNTY shall decide. In preparing the
needs, objectives or strategies, COUNTY shall consult with CITY before making its
determinations. The distribution of HOME funds to the Urban County is based on the review and
recommendations of proposals received in response to an annual RFP.
Cooperation Agreement
Page 3
6. It is expressly understood that as a recipient of the CDBG/HOME/ESG Funds from HUD,
COUNTY and CITY must take all actions necessary to assure compliance with the Urban County's
certification required by Section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act,
and to affirmatively further fair housing. COUNTY and CITY must comply with Section 109 of
Title I of the Housing and Community Development Act of 1974, which incorporates Section 504
of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and other applicable
laws, and all regulations issued pursuant thereto. Further, urban county funding for activities in
or in support of any city that does not affirmatively further fair housing within its own jurisdiction
or that impedes the county's actions to comply with its fair housing certification is prohibited.
a. COUNTY and CITY must have a policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individual engaged in non-violent civil
rights demonstrations; and
b. COUNTY and CITY must have a policy of enforcing applicable State and local laws
against physically barring entrance to or exit from a facility or location which is the subject of such
non-violent civil rights demonstrations within jurisdictions.
7. CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG/HOME
FUNDS to a metropolitan city, urban county, unit of general local government, or Indian tribe or
insular area that directly or indirectly receives CDBG funds in exchange for any other funds,
credits or non-federal considerations, CITY must use the CDBG/HOME FUNDS for activities
eligible under Title I of the Housing and Community Development Act of 1974, as amended and
Title II of the Cranston-Gonzalez National Affordable Housing Act.
8. Pursuant to 24 CFR 570.501(b), CITY is subject to the same requirements applicable to
sub-recipients, including the requirement of a written agreement set forth in CFR 570.503.
9. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds
received by the CITY. CITY shall pay any such program income to COUNTY or CITY may retain
program income subject to requirements set forth in this Agreement and with written approval of
the COUNTY. Any program income CITY is authorized to retain may only be used for eligible
activities in accordance with all CDBG requirements as may then apply. COUNTY has the
responsibility for monitoring and reporting to HUD on the use of any such program income thereby
requiring appropriate record keeping and reporting by CITY as may be needed for this purpose.
In the event of close-out or change in status of CITY, any program income that is on hand or
received subsequent to the close-out or change in status shall be paid to COUNTY.
10. In regard to real property that is within the control of CITY due to being acquired or
improved in whole or in part using CDBG funds, CITY must give timely notification to COUNTY
for any modification or change in the use of the real property from that planned at the time of
acquisition or improvement including disposition. CITY must reimburse COUNTY in an amount
equal to the current fair market value (less any portion thereof attributable to expenditures of non-
CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a
Cooperation Agreement
Page 4
use which does not qualify under the CDBG regulations. Any program income generated from
the disposition or transfer of property prior to or subsequent to the close-out, change of status or
termination of the cooperation agreement between COUNTY and CITY shall be paid to
COUNTY.
11. CITY shall provide COUNTY with all information concerning CITY and the activities
CITY carried out under this agreement which COUNTY requires to prepare 1) documents required
to be submitted to HUD, 2) annual performance report, 3) such other documents as COUNTY may
require to carry out community renewal and lower income housing activities or meet Federal
requirements. All information shall be submitted on forms prescribed by COUNTY. In addition,
CITY agrees to make available upon request all records concerning the activities carried out under
this Agreement for inspection by COUNTY or Federal officials during regular business hours.
12. CITY designates the City Manager or his/her designee as the official to whom all notices
and communications from COUNTY shall be directed. COUNTY's duty to notify C ITY shall be
complete when the communication is sent to the designated official or deputy. It is the exclusive
duty of the designated official or deputy to notify the correct individuals or departments within
CITY.
13. CITY shall defend, indemnify and hold harmless COUNTY, its officers, employees and
agents from liability for any fines, penalties, or damage of any type accruing to COUNTY by virtue
of CITY's failure to comply with any requirement of the ACT and the regulations issued pursuant
thereto, or failure to comply in any respect with the PROGRAM described herein. Further, CITY
shall defend, indemnify and hold harmless COUNTY, its officers, employees, and agents against
any and all liability for injury or damage caused by any act or omission of CITY or any of CITY's
employees or volunteers in the performance of the contract or PROGRAM and CITY shall hold
COUNTY harmless from any and all loss occasioned in the performance of, or otherwise arising
out of, this Agreement or PROGRAM.
14. This Agreement shall go into effect immediately upon the signature of both parties and
shall continue in full force and effect until the CDBG/HOME/ESG Funds and program income
received with respect to activities carried out during the three-year qualification period (Federal
fiscal years 2021, 2022 and 2023) are expended and the funded activates completed. CITY will
be included in the urban county for the entire three years period funded by CDBG/HOME /ESG
Funds from Federal fiscal years 2021, 2022 and 2023. Appropriations may not be withdrawn from
the urban county during this agreement period. During the three year qualification period, Federal
fiscal years 2021, 2022 and 2023, CITY and any other included unit of general local government
shall not withdraw from nor be removed from the Urban County and cannot terminate or withdraw
from the cooperation agreement.
15. CITY agrees that it has adopted and is enforcing a policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations and a policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location which is the subject of such non-
violent civil rights demonstrations within its jurisdiction.
Cooperation Agreement
Page 5
16. CITY agrees that COUNTY has final responsibility for selecting CDBG, ESG and HOME
activities and annually filing the Annual Action Plan with HUD, although if the COUNTY is a
member of a HOME Consortium, the Consortium submits the Plan developed by the COUNTY.
17. This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement.
CITY OF DUBLIN COUNTY OF ALAMEDA
City Manager President, Board of Supervisors
ATTEST: ATTEST:
City Clerk Clerk, Board of Supervisors
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Donna R. Ziegler, County Counsel
By:
City Attorney Heather M. Littlejohn, Deputy County Counsel
By signing above, signatory warrants and represents that he/she executed this Agreement
in his/her authorized capacity and that by his/her signature on this Agreement, he/she or
the entity upon behalf of which he/she acted, executed this Agreement
5/12/20
G:\HCD\CDBGADMN\2020 CDBG\3 Year Agreements\kmt Dublin Cooperative Agreement 2020.docx