HomeMy WebLinkAboutAgenda Report - December 6, 1989 (67)COUNCIL
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'$ OFFICE
C 0 M M U N t CAVI I ON
COUNCIL MEETING DATE: DECEMBER 6, 1989
SUBJECT: URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT SUPPLEMENTAL FUNDING '
AGREEMENT
f.y
RECOMMENOED ACTION: Approve the Urban County Community Development Block Grant
Supple—mental Funding Agreement (Res.)
BACKGROUND INFORMATION: This Agreement is a certification to San Joaquin CountT
that the City of Lodi uses Community Development Block Grant (CDBG) funds
accoi4dance with the CDBG regulations found in 24 CFR 570. The Department of
Housing and Urban Development (HUD) now requires such a certification between
recipients (urban counties) and subrecipients (participating cities) even though ):
receipt of CDBG funds has always been conditioned upon compliance with the
CC8927/TXTD.OIC
November 21, 1989
MEMORANDUM, City of Lcdi , Communi t' Development Department
TO : ALICE REllV1CHF, CITY CLERK
FROM: NORMAN HOM , 0144Nff DEVELOPMENT BLOCK GRANT COORDINATOR
DATE: NOVEMBER 16, 1989
SUBJECT: URBAN COUNTY CDBG SJPPLEMENTAL FUNDING AGREEMENT
Attached is a copy of the Urban County Community Development Block Grant
Supplemental Funding Agreement (SFA) .
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The SFA is a certification to San Joaquin County that Lodi uses CDBG fund$
in accordance with all program requirements. Such a certification is now
required by the U.S. Department of Housing and Urban Development (HUD)'for•
all recipients and subrecipients of federal funds even though, in the pasta tri.
it was simply understood that grantees were to abide by the regulations sgtt
forth in 24 CFR 570.
The attached Y Y agreement needs to be signed 5 the Mayor and b you. 1'r this
� g Y Y S
requires Council action, please call ne at Extension 649 and I wi', i prepare c
a Council Communication. is
Attachn ent
Mm—
.,Urban County"
Community Development Block Grant
Supplemental Funding Agreement
This agreement is entered into this 6th day of December, 1989 ,
by and between the City of _Lodi I , hereinafter referred
to as "Recipient", and the County of San Joaquin, hereinafter
referred to as "County"
WHEREAS, the "County", in cooperation with the "Recipient", has
Agreement approved by the Board of Supervisors on November 3,
1987 resolution z R87-984.
NOW, TSEREFORE, BE IT RESOLVED that the parties hereto agree as
follows :
I. RECORDREEPING
Each recipient shall establish and maintain sufficient
records to enable HUD to determine whether the recipient
has met the requirements of 24 CFP. 573, Community
Development Block Grant Pro(ram. At a minimum, the
following records are needed:
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entered into an "Urban County" agreement to distribute and
utilize Community Development Block Grant (CDBG) funds to further
local community development needs; and
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vMEREAS, the "County" shall be responsible for the application
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for grants available to the "Urban County" under Title I of the .:
Housing and Community Development ACT of 1974, as amended; : and
WHEREAS, the Department of Housing and Urban Development requires
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the "County", as grant applicant, to enter into a written
agreement with recipients of CDBG funds, pursuant to 24 CFR
570.503.
WHEREAS, this agreement will supplement and provide clarification
to terms estaLlished in the existing Urban County Cooperation
Agreement approved by the Board of Supervisors on November 3,
1987 resolution z R87-984.
NOW, TSEREFORE, BE IT RESOLVED that the parties hereto agree as
follows :
I. RECORDREEPING
Each recipient shall establish and maintain sufficient
records to enable HUD to determine whether the recipient
has met the requirements of 24 CFP. 573, Community
Development Block Grant Pro(ram. At a minimum, the
following records are needed:
A. Records providing a full description of each activity
assisted (or being assisted) with CDBG funds, including
its location, the amount of CDBG funds budgeted,
obligated and expended for the activity, and the
eligibility provision.
B. Records demonstrating that each activity undertaken
meets one of the mandated national objectives, set forth
in 570.208. (Determination made by the County, and
provided to the cities.) Such records shall include the
following information:
1. For each activity determined to benefit low and
moderate income persons, the income limits applied,
and the point in time when the benefit was
determined.
2. For each activity determined to benefit low and
moderate income -ersons based on the area served by
the activity:
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a. the boundaries of the service area; and
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b. the income characteristics of farr`.lies and
unrelated individuals in the service area.
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3. For each activity determined to benefit low and
moderate income persons because the activity inv-Ives_
a facility or service designed for use by a limited
clientele consisting exclusively or predominantly of
low and moderate income persons:
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a. Documentation establishing that the faci?.Lty or
service is designed for, and usea by, senior
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citizens, handicapped persons, batterer': spouses,
abused children, the homeless, illiterate persons,
or migrant farm workers (presumtive low/mod
benefit)
b. Documentation describing how the nature and, if
applicable, the location of the facility or
service establishes that it is used predominantly
by low and mode -ate income persons; or
c. Data showing the size and annual income of the
family of each person receiving the benefit.
4. For each activity determined to benefit low and
moderate income persons based on the creation of
jobs, the recipient shall provide:
a. a copy of a written agreement from each assisted
business containing:
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(1) a commitment by the business that it w i 11 make
at least 51 percent of the jobs available to
low and moderate income persons, and w i 1 1
provide training for any of these jobs
requiring special skills or education;
(2) a listing by job title of the permanent jobs
to be created, which jobs require special
skills or education, and which jobs are
part-time, if any, and
(3) a description of actions to be taken by the
recipient and business to ensure that low/mod
income persons receive first consideration for
these jobs.
b. a listing by job title of the permanent jobs
filled, and which jobs of those were available to
low/mod income persons, and a listing of low/mod
inco: te �ersons , and a i i s t i n g of low/mod income
persons interviewed for a particular job; and
which low and moderate income persons were hired.
5. For each activity determined to benefit low and
moderate income persons based on the retention of
jobs
a. evidence that, i n the absence of CDBG assistance,
jobs would be lost;
b. for each business assisted, a listing by job title "
of permanent jobs retained;
c. for each retained job claimed to be held by a
low/mod income person, information of the size and
annual income of the person's gamily.
6. For each activity determined to aid in the prevention
or elimination of slums or blight based on addressing
one or more of the conditions which qualified an area
as a slum or blighted area:
a. the boundaries of the area; and
b. a description of the conditions which qualified
the area at the time of its designation in
sufficient detail to demonstrate how the area net
the slum and/or blight criteria.
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s
7. For each activity determined to meet a community
development need having a particular urgency:
a. documentation concerning the nature and degree cf
seriousness of the condition, requiring
assistance ;
b. certification that the CDBG activity was designed
to address the urgent need;
c. information on the timing of the development of
the serious condition; and
d. evidence confirming that other financial resources
to alleviate the need were not available.
C. Records which demonstrate that an eligibility
determination was made as prescribed in 24CFR 570.201
(Determination made by the County, and provided to the
cities).
D. RecorO.,; related to real property acquired orimproved in F
whole or in part using CDBG funds in excess of $25,000:
t x.
Certification that a sub -recipient may not change the
use, or planned use, of any such property (including the s
beneficiaries of such use) from that for which the ,
acquisition or improvement was made, for five years.
after the closeout of the grant, unless the recipient I
provides affected citizens with reasonable notice of,
and opportunity to comment on, any such proposed change,
and either:
1. the new use of such property qualifies as'meeting one
of the national obaecti.ves, 2nd is not a building for
the general conduct of government: or
2. property is disposed of in a manner which results in
the amount of the current fair market value of the
CDBG funded acquisition or improvement, and the
recipient's CnBG Program is reimbursed in this
ozr.ount .
E. Records which. demonstrate compliance with the citizen
participation requirements as follows:
1. provide citizens with information concerning the
amount. of CDBG funds expected to be available;
2. provide citizens with the range of activities that
may be undertaken with CDBG funds;
3. Hold at least one public hearing to obtain citizen
views on community needs;
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4. publish community -wide, its proposed statement of
community development objectives and projected use of
CDBG funds so as to afford affected citizens the
opportunity to comment.
F. Record of agreements with subrecipients indicating, at a
minimum, the requirements of this agreement, and the
following
1. In accordance with 24CFR 85.43, suspension or
termination may occur if the subrecipient materially
fails t o comply with any term of the award, and that
the award may be terminated for convenience in
accordance with 24CFR 85.44.
2. Where applicable, conditions prescribed in 24CR
570.200(j) for the use of funds by religious
organizations.
11. REPORTS
Each recipient shall submit the following performence
and/or evaluation report to the County to fascilitate
mandated reporting to HUD:
A. a calendar quarterly report of progress and
accomplishments for all funded activities, to include a
quantative list of activity beneficiary type(s) ;
B. an annual equal employment opportunity report
(HUD/EEO-4) on recipient employment, containing data as
of June 30;
C. a semiannual Minority Business Enterprise Report by
March 30 , indicating contract and subcontract activity
during the fi st half of the fiscal year and, by
September 30, a report on such activity during the
second half of the year.
D. Recipients nay be required to sabmit such other reports
and information as HUD determines are necessary to carry
out Its responsibilities.
III. PROGRAM IlIC014E
Recipients shall enter into written, agreements with
subrecipients which spec__es whether program income
received is to be returned to the recipient or retained by
the subrecipient. Where program income is to be retained
by the subrecipient, the ac;reement shall speci.'-':y the
activities that k'-11 be undertaken with :)roa aTn income,
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subject to al.. applicable requirements
CDBG funds, and that all provisions of
shall apply to such activities. I -,hen
program income, program income shall
disbursed before additional drawdowns
for the same activity.
governing the use of
the written agreement
the subrecipient retains
be substantially
and grant funds ars made
IV. UNIFORM ADMINISTRATIVE REQUIREMENTS
Recipients and subrecipients, which are governmental
entities, shall comply with applicable uniform
administrative requirements, as described in 24CFR 570.502.
and the urban County's certification required by section
104 (b) of Title I the housing and Community Development
Act of 1974, as amended including title VI of the Civil
Rights Act of 1964, title VIII of the Civil Rights Act of
1968, section 109 of Title I of the dousing and Community
Development Act of 1975, and other applicable laws.
V. REVERSIOW OF ASSETS
The recipient and any of its subrecipients shall, at the
expiration of the CDEG grant, transfer to the County any
CDBG funds on hand at the time of expiration, and any
accounts receivable attributable to the use of CDBG funds
VI . ENVI RONMENTAL STANDARDS
Prior to the commencement of each CDBG funded activity, the
recipient will complete all mandated environmental reviews
In compliance with 24CFR Part 56, Environmental Review
Procedures for Community Development Block Grants. The
County will determine the required environmental review,
procedure to be completed for each activity, and provide
technical essistance to fascilitate compliance.
VII. AUDIT
Annually, the recipient shall undertake an audit of its
entire operation, by an independent auditor, in accordence
with generally acceptable government auditing standards
covering financial audits. Results of this audit should be
forwarded to the Count, within 30 days of completion of the
audit. Additionally, recipients and subrecipients of CDBG
funds shall make available for review all documentation
related to the utilization of CDBG funds upon notification
by HUD, the County or their designated agents.
`Till. PROPERTY
Property reccrds are to be maintained for all equipment
acCuired with CDSG funds having er, initial ac�uls=tion cost
of 55, 000 or more. A copy of the property record should be
forwarded to the. County upcn receipt of the em:i-mment.
IX. SUBRECIPIENT AGREEME241T
The Recipient shall enter into a written agreement with all
subrecipients, which will include at a Minimum the terms
ofthis agreement.
X. DRUG FREE WORKPIACE CERTIFICATE
The recipient will certify to the County that it provides a
drug— free workplace as mandated by the Drug—Free Workplace
Act and as indicated in Attachment 1.
X I . TERM OF AGREEMENT
This agreement shall remain in effect during any period
thet recipients or subrecipients of CDBG funds, under the
Urban County Cooperative Agreement (approved by the Board
of Supervisors on November 3, 1987 resolution 1 R87-989),
have control over CDBG funds, including program income,
XII. SUPPLEMENTAL AGREEMENT
The terms of the Urban County Cooperative Agreement will
remain in full force and effect, except for those which
are superceeded by the provisions herein.
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IN WITNESS WHEREOr, the parties have executes: the above
instrument on the day and year first above written
"COUNTY"
.LvLLY1N L. luub-xa, unairman of the
Board of Supervisors
ATTEST: JORETTA J. HAYDE
Clerk of the Board of
Supervisors of the County
of San Joaquin, Stage of
California
By:
Deputy Clerk (SEAL)
Approved as to corm:
John F. Cheadle
County Counsel
By:
it
and= a Michael Af bons o
Deputy County Counsel
ID
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREKEkTS
The certification set out below Is a material representation upon
which reliance is placed by the U.S. Department of Housing and Urban
Development in awarding the grant. if It 1; later determined that
the grantee knowingly rendered a false certification, or otherwise
violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to my other
remedies available to the Federal Government, may take action
authorized under the Drug -Free Workplace hct.
CERTIFICATION
A. The grantee certifies thct 1 t will provide a drug-free Workplace by:
(a) Publishing a statement notifying employees thct the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees s
for violation of such prohibition; -i
I'z (b) E� ablishing a m drug-free awareness program to inforemployees
(1) The dangers of drug abuse in the workplace; {
(2) The grantee's policy of maintaining a drue-free workplace; i
(3) Any available drug counseling, rehabilitation, end employee
assistance procrams; and
(4) The penalties that mty be imposed upon employees for drug
abuse violations occurring in the workplace;
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(c) Making it a requirement that each employee to be engaged in the
performance of the grant be Given a copy GO the sta-zement
required by paracraph
(d) Notifying the emnpiogee in the statement required by paragraph
(a) that, as a condition of employment. under the grant, the
employee will -
(1) Abide by the terns of the statement; and
(2) Notify the employer of any criminal drug statute conviction
for z violation occurring in the workplace no later thzn
five days after such conviction;
(e) Notifying the U.S. Department of Housing and Urban Development
z
within ten days after receiving notice under subparagraph (d)(2)
from an employee or othenilse receiving actual notice of such
conviction;
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(f Taking one of the following actions, within 30 days of receiving
notice under subparagraph (d)(2), With respect to any employee
who 1s so convicted -
(1) Taking cppropriate personnel action against such an
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employee, up to and Including termination; or
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(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved
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for such purposes by a Federal, State, or local health, law
'
enforcement,or other z ro riate a Y�
P A P agency;
(9) Making c good faith effort to continue to maintain e drug-free
!
workplace through implementation of paragraphs (a), (b)., (C),
(d), (e) and (f)•
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6. The Grantee shall insert in the space provided on the attached "P.lace
of Performance" form the site(s) for the performance of work to be
Y.
carried out with the grant funds (including street address, city,
county, state, zip code and total estimated number of employees).
The grentee further certifies that, if it is subsequently determined
that additional sites will be used for the performance of work'
under the grant, it shall notify the U.S. Department of Housing tnd
Urban Development immediate) a the decision to use such
p Y on p
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additional sites by submitting a revised "Flare of Perforrence"
�;,:
form.
RESOLUTION 89-176
A RESOIETHON OF THE CITY CIOi.JNCIL OF THE CITY OF LODI , CALIFORNIA
APPROVW THE URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
RJPPLEMENrAL FUNDING AGREEMENT
VVIIEREA� the Department of Housing and Urban Development has determined that
the City of Lodi, California is entitled to Community Development Block Grant
(CDBG) funding as a participating City through the County of San Joaquin, an urban
County, for Fiscal Year 1989-90; and
VVIEP A$, the Department of Housing and Urban Development now requires of all
recipients and subrecipients of federal funds, an agreement certifying that CDBG
funds are used in accordance with the CDBG regulations found in 24 CFR 570; ;
NOW, THEREFORE, BE IT Pd 5UVED that the City Council of the City of Lodi does
hereby approve the Urban County Community Development Block Grant Supplemental
Funding Agreement, certifying to San Joaquin County that the City of Lodi does use
CDBG funds in accordance with the CDBG regulations found in 24 CFR 570; and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to
execute the Agreement on behalf of the City.
Dated: Decewmber 6, 1989
I hereby certify that Resolution No. 89-176 was passed and
adopted by the City Council of the City of Lodi i n a regular
meeting held December 6. 1989 by the following vote:
Ayes: Cocncilmembers - Hinchman, Olson, Pinkerton, Reid and Snider
(Mayor)
Noes : Counci lmembers - None
Absent: Councilmembers - None
NNIFE". PERRIN
Deputy City Clerk
for ALICE M. REIMCHE
City Clerk
89-176
RES89176/TXTA.02J