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HomeMy WebLinkAbout08-1278 06-10-2008RESOLUTION NO. 08 -1278 (Revised) RESOLUTION FORMING A JOINT ADMINSITRATIVE AGREEMENT BETWEEN THE CITY OF EULESS, A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, AND TARRANT COUNTY FOR ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2009 THROUGH 2011, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED WHEREAS, the Congress of the United States of America has authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended; 42 U.S.C. Sec 5301, as amended through the Housing and Community Development Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR 570.308, allows any urban county and any metropolitan city located, in whole or in part, within that county to submit a joint request to HUD to approve the inclusion of the metropolitan city as a part of the urban county for purposes of planning and implementing a joint community development and housing program; and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community Development Block Grant and HOME program funds provided said County has a combined population of 200,000 persons in its unincorporated areas and units of general local government with which it has entered into cooperative agreements; and WHEREAS, Tarrant County has been designated an "Urban County" and the City of Euless has accepted a designation of "metropolitan city" by the Department of Housing and Urban Development to receive direct entitlement of Community Development Block Grants (CDBG); and WHEREAS, Article 111, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities; and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments to consolidate governmental functions; and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual CDBG Program Allocations from Federal Fiscal Years 2009, 2010, 2011 appropriations and from any program income generated from the expenditure of such funds; and WHEREAS, Tarrant County and the City of Euless agree to cooperate to undertake, or assist in undertaking, community renewal and low income housing assistance activities; and WHEREAS, the City of Euless 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 WHEREAS, the City of Euless has adopted and is enforcing 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; and WHEREAS, Tarrant County and the City of Euless shall take all actions necessary to assure compliance with the Urban County's i✓ertification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws; and WHEREAS, the City of Euless agrees to inform the County of any income generated by the expenditure of CDBG funds received and that any such program income must be paid to the County to be used for eligible activities in accordance with all CDBG Program requirements; and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County is responsible for ensuring that CDBG funds are used in accordance with all program requirements, including monitoring and reporting to the U.S. Department of Housing and Urban Development on the use of program income and that in the event of close -out or change in status of the City of Euless, any program income that is on hand or received subsequent to the close -out of change in status shall be paid to the County; and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County, as the recipient is responsible for ensuring that CDBG funds are used in accordance with all program requirements. The use of designated public agencies, subrecipients, or contracts does not relieve Tarrant County of this responsibility. Tarrant County is also responsible for determining the adequacy of performance under subrecipient RESOLUTION NO. 08-1278 (Revised), Page 2 of 6 agreements and procurement contracts, and for taking appropriate action when performance problems arise, such as the actions described in §570.910. Where a city is participating with, or as part of Tarrant County Urban County, as a participating unit, or as part of a metropolitan city, the County is responsible for applying to the unit of general local government the same requirements as are applicable to subrecipients, except that the five -year period identified'under §570.503 (b) (8) (1) shall begin with the date that the unit of general local government is no longer considered by HUD to be a part of the metropolitan city or urban county, as applicable, instead of the date the subrecipient agreement expires; and WHEREAS, the City of Euless, agrees to notify Tarrant County of any modification or change in the use of the real property from that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations; and WHEREAS, any money generated from disposition or transfer of the property will be treated as program income and returned to the county prior to or subsequent to the close -out, change of status or termination of the cooperation agreement between county and the City of Euless. NOW, THEREFORE, BE IT RESOLVED, by the City of Euless, that the City Council of Euless, Texas supports the application of Tarrant County for funding from the Housing and Community Development Act of 1974, as amended, and asks that its population be included for three successive years with that of Tarrant County, Texas to carry out under Public Law 93 -383, and Affordable Housing activities under Public Law 101 -625, and authorizes the Mayor of Euless, Texas to sign such additional forms as requested by the Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the City of Euless, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. BE IT FURTHER RESOLVED, this agreement will automatically be renewed for participation in successive three -year qualification periods, unless Tarrant County or the City of Euless provides written notice it elects not to participate in a new qualification period. Tarrant County will notify the City of Euless in writing of its right to make such an election on the date specified by the U.S. Department of Housing and Urban Development (HUD) in their urban county qualification notice for the next qualification period. Any amendments or changes contained within the urban county qualification notice applicable to for a subsequent three -year urban county qualification period must be adopted by Tarrant County and the City of Euless, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. RESOLUTION NO. 08 -1278 (Revised), Page 3 of 6 This agreement remains in effect until CDBG funds, and income received to the Fiscal Years 2009, 2010, and 2011 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, and neither Tarrant County nor the City of Euless may terminate or withdraw from the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a subsequent three -year urban county agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of Euless. Any notice of changes or amendments to this agreement by the City of Euless to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. PASSED AND APPROVED this /0-14-day of ATTEST: Susan Crim, T MC, City Secretary Commissioners Court Clerk Approval Fo Distri Ap• •ved as to Form APPROVED: Li" 4.„. Mary Lib ''aleh, Mayor County Judge By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attomey(s). RESOLUTION NO. 08 -1278 (Revised), Page 4 of 6 JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS The CITY OF EULESS, hereinafter called "City ", has accepted a designation by the United State Department of Housing and Urban Development (HUD) as a metropolitan city eligible to receive direct entitlement of Community Development Block Grant (CDBG) funds for the FY 2009 -2011 program years; and The CITY OF EULESS has entered into a cooperative agreement (attachment "A ") with TARRANT COUNTY, hereinafter called "County ", to participate in the County's CDBG program as a metropolitan city eligible to receive direct entitlement of CDBG funds; and The CITY OF EULESS and TARRANT COUNTY have agreed to abide by HUD requirements as detailed in CPD 96 -04, Article 5, in the cooperative agreement (attachment "A "), and in accordance with 24 CFR 570.308 Joint Requests. This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and between the City Council of the CITY OF EULESS and TARRANT COUNTY and the parties hereby AGREE as follows: 1. Scope of Term of Services. The County through this Joint Administrative Agreement agrees to administer on behalf of the City of Euless all activities and requirements of federal, state and local law, and rules and procedures of the United States Department of Housing and Urban Development with regard to the City's Community Development Block Grant entitlement program for the Fiscal Years 2009 through 2011. 2. Distribution of CDBG. The City shall receive CDBG entitlement program funding from the County as an entitled metropolitan city. The amount of funding shall be equivalent to or greater than what HUD determines annually as the City's entitlement as a metropolitan city. Duties of County. The County shall be responsible for administering all activities related to the City CDBG entitlement program in accordance with 24 CFR 570.500 Subpart "J" Grant Administration, 24 CFR 570.501(b), and 24 CFR 570.503. RESOLUTION NO. 08 -1278 (Revised), Page 5 of 6 4. Duties of the City. The City will approve all City CDBG entitlement program funding decisions. The City will determine specific programs, projects, or any other uses to the extent permitted and consistent with HUD eligible activities. 5. City Administrative Expenses. The County shall remit to City, for HUD eligible reimbursable administrative costs, and amount not to exceed SIX • PERCENT (6 %) of the total allowable (20 %) under 570.205, 570.206 and OMB Circular A -87 and A -133. This Joint Administrative Agreement is executed on behalf of the CITY OF EULESS and TARRANT COUNTY by its duly authorized officials. CITY OF EULESS Mary Lib Sal Date: Mayor 7,40A g TARRANT COUNTY, TEXAS B. Glen Whitley, Judge Date: , ?co y RESOLUTION NO. 08 -1278 (Revised), Page 6 of 6