HomeMy WebLinkAboutAGENDA REPORT 2000 0607 CC REG ITEM 11DITEM
To: Honorable City Council
From: Nancy Burns, Senior Management Analyst
Date: May 18, 2000 (CC Meeting of June 7, 2000)
Subject: CONSIDER AMENDMENT TO COOPERATION AGREEMENT WITH
COUNTY OF VENTURA FOR CON UNITY DEVELOPMENT BLOCK
GRANT (CDBG) ADMINISTRATION
SLR4LARY
The current Cooperation Agreement between the City and the
County of Ventura for the administration of the Community
Development Block Grant (CDBG) Program provides for automatic
three year renewals, in the absence of notification to the
County withdrawing participation. Several regulatory changes
have occurred since the execution of the Agreement six years
ago, rendering some references in the Agreement obsolete. While
updating those references., new language is suggested to
incorporate the new census data when it becomes available into
the determination of funding allocations. I
DISCUSSION
Revisions to language in the Cooperation Agreement would include
removing obsolete references to "Final Statement" to be filed
with HUD (paragraph 4) and the "Comprehensive Housing
Affordability Strategy (CHAS)" (paragraph 5) and replacing these
terms with "Consolidated Plan: Annual Action Plan" and
"Consolidated Plan", respectively. The Consolidated Plan is the
five year planning document now required by the U. S. Department
of Housing and Urban Development (HUD) for CDBG and other
programs.
0 o
Honorable City Council
Date 05/18/00
Page 2
In addition, the Amendment would add the term "indexed to the
most recent Census data" to the end of paragraph 6 and to the
end of the title in Section I of Attachment A, the Allocation
Formula. The funding allocation is based on population, poverty
level, and overcrowding.
RECONMNDATIONS
1. Approve Amendment #1 to the Cooperation Agreement for the
CDBG Program; and
2. Authorize the City Manager to execute Amendment #1 and
subsequent renewals of the Cooperation Agreement.
Attachments: Amendment #1 to the Cooperation Agreement
Cooperation Agreement
COOPERATION AGREEMENT
AMENDMENT #1
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, first entered into on JUA t3, 119+,, is amended this day
of 2000 by and between the COUNTY OF VENTURA, a political
subdivision of the State of California (hereinafter called "COUNTY ") and the CITY OF
MOORPARK, a municipal corporation located within Ventura County (hereinafter "CITY ").
MIN ESSETH:
WHEREAS, changes to United States Department of Housing and Urban Development
regulations (hereinafter "HUD ") regarding administration of the Community Development Block
Grant (CDBG) program have made certain references in the agreement obsolete; and
WHEREAS, the parties wish to acknowledge the anticipated release of new census data
and allow for the possibility of indexing our CDBG distribution formulae thereto;
NOW, THEREFORE, it is mutually agreed between COUNTY and CITY as follows:
1. The reference in paragraph 4 to "Final Statement with HUD" is hereby replaced by
Consolidated Plan: Annual Action Plan
2. The references in paragraphs 5 and 9 to "Comprehensive Housing Affordability Strategy
(CHAS)" are hereby replaced with Consolidated Plan.
3. The parenthetical terms (indexed to the most recent Census data) is hereby added at the
end of paragraph 6 and to the end of the title in Section I which reads "Factors
Determining Allocation of Project Dollars ".
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year first above written.
CITY OF MOORPARK
By:
City Manager
Date:
COUNTY OF VENTURA
By:
Harry L. Hufford'
Interim Chief Administrative Officer
Date:
11SRV_VCIV0L121ca01Regiona1 DevlCommunity DevICONTRACT1Coop AgreementlCoop Agreemt2000 Moorpark.doc "rte
COOPERATION AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into this day of ,
by and between the COUNTY OF VENTURA, a political subdivision of
the State of California (hereinafter called "COUNTY ") and the CITY
OF MOORPARK, a municipal corporation located within Ventura County
(hereinafter "CITY ").
W I T N E S S E T H:
WHEREAS, the United States Department of Housing and Urban
Development (hereinafter "HUD ") has notified COUNTY that it is
considered to have the required qualifications (determination of
essential powers) to participate in the Community Development Block
Grant (CDBG) program as an Urban County as that term is defined in
Title I of the Housing and Community Development Act of 1974, as
amended, and the HOME Investment Partnership Program; and
WHEREAS, the CDBG qualification process requires that
following HUD's determination that a County possesses the essential
powers to participate in the CDBG program as an Urban County, that
the units of general local government within the COUNTY be notified
of their opportunity to participate in the COUNTY'S program by
entering into a Cooperation Agreement with the designated Urban
County; and
WHEREAS, such Cooperation Agreements provide that the unit of
general local government and the COUNTY will cooperate in community
development and housing assistance activities and that the area and
population of the unit of general local government will be included
with that of the COUNTY by HUD in determining funding levels; and
WHEREAS, COUNTY has notified CITY of the opportunity to
participate in COUNTY'S CDBG program; and
WHEREAS, CITY desires to participate in and be a part of
COUNTY'S CDBG program;
NOW, THEREFORE, it is mutually agreed between COUNTY and CITY
as follows
1. CITY shall participate in COUNTY's CDBG program during Federal
fiscal years 1996, 1996, and 1997. (The Federal fiscal year
is a twelve month period commencing October 1 and continuing
through and including the following September 30).
This agreement will be automatically renewed for both the
COUNTY and CITY participation in successive three -year
1995 -97 Cooperation Agreement
City of Moorpark
qualification periods, unless the COUNTY or CITY provides
written notice it elects not to participate in the new
qualification period. Failure by either party to adopt an
amendment to the agreement incorporating all changes necessary
to meet the requirements for cooperation agreements set forth
in the Urban County Qualification Notice applicable for a
subsequent three -year urban county qualification period, will
void the automatic renewal of such qualification period.
2. This agreement will remain in effect until the CDBG and HOME
funds and income received with respect to the three -year
qualification period (and any successive qualification periods
under agreements that provide for automatic renewals are
expended and the funded activities completed, and that the
county and participating unit of general local government may
not terminate or withdraw from the agreement while the
agreement remains in effect.
3. COUNTY and CITY shall cooperate to undertake, or assist in
undertaking, community renewal, and lower income housing
assistance activities, specifically urban renewal and publicly
assisted housing.
4. COUNTY, as Grantee, shall have the final responsibility for
determining eligibility of CDBG and HOME projects and for
annually filing the Final Statement with HUD.
5. CITY shall undertake the actions necessary to carry out a
community development program and the approved Comprehensive
Housing Affordability Strategy (CHAS) and comply with all CDBG
program and HOME requirements applicable to subrecipients and
applicable Federal and State laws and regulations.
6. COUNTY is expected to receive funding for the CDBG program
from HUD. These funds will be distributed according to the
formula set forth in Attachment A.
In an effort to fairly allocate reimbursement for administra-
tive costs incurred by CITY under this Agreement, it is
understood that in addition to the allocation in the forego-
ing, CITY will be entitled to receive an amount for its
administrative expenses. The formula for identifying the
amount available to the CITY for administrative costs is
specified in Attachment A.
7. CDBG funds shall not be used 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.
2 t
1995 -97 Cooperation Agreement
City of Moorpark
8. COUNTY and CITY hereby assume the obligation to take all
actions necessary to assure compliance with the 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, the Fair
Housing Act, Section 109 of Title I of the Housing and
Community Development Act of 1974, and other applicable laws.
9. COUNTY and CITY shall not obstruct the implementation of the
approved Comprehensive Housing Affordability Strategy (CHAS)
during the three program years for which COUNTY is seeking to
qualify as an Urban County.
10. CITY understands and agrees that:
A. As part of COUNTY'S CDBG program it may not apply for
grants under the Small Cities or State -CDBG Programs for
the three year period of COUNTY'S qualification, and
B. The CITY may not participate in a HOME consortium except
through the COUNTY, regardless of whether the COUNTY
receives a HOME formula allocation.
11. COUNTY shall assume no liability for the negligence of CITY or
any officer, employee, or agent thereof, and CITY shall hold
COUNTY harmless from any loss, damage, or liability that may
arise out of the performance of this Agreement, except as may
otherwise be provided herein.
12. CITY shall assume no liability for the negligence of COUNTY or
any officer, employee, or agent thereof, and COUNTY shall
hold CITY free and harmless for any loss, damage, or liability
that may arise out of the performance of this Agreement,
except as may otherwise be provided herein.
13. CITY shall indemnify COUNTY in the amount of any CITY expendi-
ture under this Agreement which is determined by HUD to be
improper, if such amount is charged against the COUNTY or
withheld from COUNTY'S share of funds under the Act.
14.. COUNTY shall indemnify CITY in the amount of any COUNTY
expenditure under this Agreement which is determined by HUD to
be improper, if such amount is charged against the CITY or
withheld form CITY'S share of funds under the Act.
15. This Agreement may only be modified by an instrument in
writing executed by COUNTY and CITY approved by HUD.
16. Any and all notices sent pursuant to, or in furtherance of the
purposes of, this Agreement shall be deemed delivered if
3 0 0 1 ITI
1995 -97 Cooperation Agreement
City of Moorpark
personally served upon the Chief Administrative Office of
COUNTY or upon the City Manager's Office of CITY or if sent
via the United States Postal Service, postage prepaid,
directed to COUNTY, addressed as follows:
Chief Administrative Office
County of Ventura
800 South Victoria Avenue
Ventura, CA 93009
or directed to CITY, addressed as follows:
City Manager's Office
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
17. For each Federal fiscal year during the term of this Agree-
ment, pursuant to 24 CFR 570.501 (b), COUNTY and CITY shall
enter into a Supplemental Agreement in conformance with 24. CFR
570.503 titled "Agreements with Subrecipients." The Supple-
mental Agreement will have a term generally coinciding with
the COUNTY's fiscal year and enumerate the project(s) CITY
will implement with its entitlement funds. Said Supplemental
Agreement shall set forth the time schedule for completion of
said project(s).
If substantial compliance with the completion schedule, due to
unforeseen or uncontrollable circumstances, cannot be met by
CITY, the schedule for the project(s) may be extended. If
substantial progress toward completion of a project(s) is not
made during the term of the Supplemental Agreement, the
entitlement funds associated with the project(s) may be
reprogrammed by COUNTY after appropriate notice is given CITY.
COUNTY'S decision not to extend the completion schedule
associated with the project(s) or to reprogram the entitlement
funds associated with the Project(s) shall not excuse CITY
from complying with the terms of this Agreement nor will said
decision render CITY ineligible from securing entitlement
funds in the future fiscal years governed by this Agreement.'
18. CITY shall adopt and enforce:
A. A policy prohibiting the use of excessive force bylaw
enforcement agencies within its jurisdiction against any
individuals engaged in non - violent civil rights demon-
strations; and
B. A policy of enforcing applicable State and local laws
4 0 006 a;;,9
1995-97 Cooperation Agreement
City of Moorpark
against physically barring entrance to or exit from a
facility or location which is the subject of such non-
violent civil right demonstrations within jurisdictions.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the day andyear first above written.
CITY OF MOORPARK
BY: wvt—v
IL
..Paul W. Lawrason Jr., M or
Date: -7- qy
coopagmt.95
5
COUNTY OF VENTURA
BY:
Richard Wittenberugo J
Chief Administrative Officer
Date: 7-13
0002'ao
9
1995 -97 Cooperation Agreement
City of Moorpark
coopagmt.95
Attachment A
FY 1995 - 1997
CDBG ENTITLEMENT PROGRAM
ALLOCATION'FORMULA
I- Factors Determining Allocation of Project Dollars
Percent of Project Dollars Based
on HUD's formula using Population,
CITY
overt - o -wding and Poverty
Fillmore
9.7%
Moorpark
8.8%
Ojai
2.8%
Port Hueneme 12.4%
Santa Paula
20.2%
Unincorporated
46.1%
TOTAL
100.0t
II. Formula
for Allocation
of Entitlement Grant
A
=
Total Entitlement Grant for Ventura County
A X
15% =
B (County of Ventura Administrative
Allocation)
A X
5% =
C (Total of Cities' Administrative
Allocation)
C/5
_
D (City of Moorpark Administrative
Allocation)
A --
(B +C) -
E (Total Allocation for Projects)
E X
8.8%
F (City of Moorpark Allocation for
Projects)
E X
46.1% =
G (County of Ventura's Allocation for
Projects)
D +
F =
Total Annual Allocation for Moorpark
B +
G =
Total Annual Allocation for County of., Ventura
6
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