HomeMy WebLinkAbout11-1364 05-24-2011 RESOLUTION # 11-1364 1006
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 2012
THROUGH 2014, 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 III, 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 2012, 2013, 2014
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
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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 certification 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 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) (i) 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
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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.
This agreement remains in effect until CDBG funds, and income received to the Fiscal Years 2012,
2013, and 2014 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 ) f 1 day of / , 7D1 I
ATTEST: APPROVED:
Y SECR ARY MAYOR
0
1 I.UL/ /ii 1 0/4aAfil I SO / A ii:014
COMMISSI q ERS COURT CLERK / COUNTY JUDGE
Approval Fo : ,D istrict A
Air
Ap• 4ved as to Form*
*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 attorney(s).
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1166"
JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
The CITY OF EULESS, hereinafter called "City", has accepted a designation by the
United States 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 2012-2014program 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 2012 through 2014.
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.
3. 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.
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. n 2 fz
LJ LS 15
JUN 1 7 2011 --1
CITY OF EULESS
5. City Administrative Expenses. The County shall remit to the City, for HUD eligible
reimbursable administrative costs, an 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
VARAirda,
MAYOR
DATE: tVj IV 1pij 096 c(31 I
TARRANT COUNTY, TEXAS
B. Glen Whitley, JUDGE
DATE: lv`ic/if