HomeMy WebLinkAboutCDBG Block Grant Resolution AgreementSTATE OF GEORGIA RESOLUTION NO. 17-08439
COUNTY OF FULTON
RESOLUTION TO APPROVE THE FY2018-2020 COOPERATION AGREETHENT
BETWEEN THE CITY OF MMTON, GEORGIA AND FULTON COUNTY, GEORGLk
TO CONTINUE ITS PARTICIPATIO18 Ell THE COZ V17Y'S COitiG'vfUXITY
DEVELOP -HENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS
PROGRAM, AND THE EiVIERGENCY SOLUTIONS GRANT (ESG) PROGRAM FOR
THE YEARS 2018, 2019 AND 2020.
WHEREAS, the City of Milton, Georgia desires to be included as part of the Fulton
County's Community Development Block Grant (CDBG, ESG and HOME) programs for Federal
Fiscal Years 2018, 2019, and 2020 to be automatically renewed thereafter; and
WHEREAS, the attached Cooperation Agreement has been prepared for said purposes;
and
WHEREAS, evidence authorizing execution of said Agreement must accompany the
Agreement upon its submission to the U.S. Department of Housing and Urban Development.
NOW THEREFORE, be it resolved by the Mayor and Council of the City of
Georgia that:
I . The attached Cooperation Agreement is hereby approved; and
2. The Mayor is hereby authorized to execute said Agreement in accordance with
directives under the CDBG program.
SO RESOLVED, this 2" day of August, 2017.
Mayor
City of Milton
ATTEST:
� T
City Attorney
Date: '
Date:
1 FULTON COUNTY
2 COIJIMUNITY DEVELOPNfENT BLOCK GRANT;
3 ElYfERGENCY SOLUTIONS GRANTS AND HOVI E PROGRAMS
4 COOPERATION AGREEiVfENT
5 [AUTHORITY: CPD NOTICE -14-07 04/25/20141
6 (Federal FW013 - 2020)
7
8 STATE OF GEORGIA
9 COUNTY OF ]FULTON
10 a 14
11 This Cooperation Agreement ("Cooperation Agreement"). made this day of
12 2017, by Fulton County, a political subdivision of the State of Georgia (hereinafter referred to as
13 "the County"), acting by and through its duly elected Board of Commissioners, and the City of Milt ,
14 Georgia, a political subdivision of the State of Georgia (hereinafter referred to as "the City").
15
16 WITNESSXTH THAT:
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18 WHEREAS, it has been determined by the U.S. Department of Housing and Urban
19 Development (hereinafter referred to as "HUD") that Fulton County, Georgia possesses the
20 powers necessary to undertake essential cotmunity development and housing assistance
21 activities in the unincorporated areas of the County and incorporated municipalities through its
22 Cooperation Agreement with the City; and
23
24 WHEREAS, HUD has determined that the County is eligible, as an "Urban County", to
25 receive Entitlement Community Development Block Grant (CDBG) funds under Title I of the
40 Housing and Community Development Act of 1974, as amended the HOME Investment
7 Partnerships Program funds, and the Emergency Solutions Grant (ESG); and
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9 SVHEREAS, these funds [and any program income derived from these expenditures of
30 CDBG, HOME and ESG funds] will be used to address certain needs of predominantly low and
31 moderate income persons to be made available for Federal Fiscal Years 2018, 2019, and 2020,
32 and annually thereafter unless otherwise terminated in writing by the County or the City; and
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34 VYHEREAS, the County and the City agree to execute this Cooperation Agreement
35 with the understanding that this decision is binding for a period of three -years and will
3 F automatically be renewed for participation in successive three-year qualification periods unless
37 otherwise terminated in writing by either party upon the expenditure of Community
38 Development Block Grant and HOME Investment Partnerships Program funds granted by the
39 County to the City; and Emergency Solutions Grant (ESG); and
40
41 WHEREAS, neither party shall terminate or withdraw from this Cooperation Agreement
42 atter the date specified in HUD's urban county qualification notice for the next qualification
43 period, the County will notify the City in writing of its right to terminate or withdraw from this
44 Cooperation Agreement; and
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4 0' WHEREAS, the County and the City agree to adopt any amendment to the Cooperation
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Agreement incorporating changes necessary to meet the requirements for cooperation
agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-
year urban county qualification period and annually thereafter, and to submit such amendment to
HUD as provided in the urban county qualification notice, unless changes in the Cooperation
Agreement required by HUD would necessitate the execution of a new cooperation agreement,
and/or unless the participating municipality elects to be excluded from the cooperation
agreement at the beginning of each three year cycle and [as further described in this Cooperation
Agreement], beginning with FY 2018; and that such failure to comply will void the automatic
renewal for such qualification period; and
WHEREAS, in order for the County t
jurisdictions in the County, the consent of the
secured and a cooperation agreement executed
and
WHEREAS, it is necessary that the C
agreement with each local jurisdiction in the (
Creek, Roswell, and Sandy Springs) for partic
Grant (CDBG) program, HOME Investment Parl
Grant (ESG); and
WHEREAS, the City elects to particil
programs the County and the City agree to c(
community development and housing activities
and applicable rules and regulations under the
agrees to not apply for grants under the Small C
consortium with other local governments from
in which it is participating in the urban county's I
NOW THEREFORE, in consideration
parties hereby agree as follows:
1. That the County has the author
appropriations of Federal Commu
any program income, generated &
2. Pursuant to 24 CFR Part 570.5011
applicable to subrecipients, inclu
agreement set forth in 24 CFR 57C
3. That the City hereby elects to part
Programs with the understanding 1
(3) years and annually thereafter
are completed and all program in(
out during the three-year qualific
periods) are expended, and that
withdraw from the Cooperation Al
4. That the aggregate use of the CDE
2
undertake such activities in the incorporated
ferning body of the local jurisdiction must be
,tween the County and the local jurisdiction;
unty enters into a three (3) year cooperation
)unty (except for the Cities of Atlanta, Johns
)ation in the Community Development Block
erships Program; and the Emergency Solutions
to in the County's CDBG, HOME and ESG
perate to undertake, or assist in undertaking,
accordance with this Cooperation Agreement
DBG, HOME and ESG programs, and further
es or State CDBG Programs and to not form a
propriations for fiscal years during the period
ABG, HOME and ESG programs.
the mutual covenants contained herein, the
ty to carry out activities, from the annual
city Development Block Grant funds and from
m the expenditures of such funds.
)) the City is subject to the same requirements
ing the requirement of a written cooperation
503.
;ipate in the County's CDBG, HOME and ESG
[at this decision is binding for a period of three
nd remains in effect until all funded activities
)me received (with respect to activities carried
Ltion period, and any successive qualification
he County and the City cannot terminate or
-eement while it remains in effect.
J, HOME and ESG funds received by the City
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BE IT FURTHER AGREED, as
§570.602 SECTION 109 OF THE HOUSING i COMMUNITY DEVELOPMENT ACT OF
1974 (AS AMENDED: 42 U.S.C. 5301)
39 That the County and the City shall take <
40 SECTION 104(b) of THE HOUSING �
41 1974 (AS AMENDED: 42 U.S.C. 5301),
42 of 1964, the FAIR HOUSING ACT, SEC
43 COMMUNITY DEVELOPMENT ACT
44 County shall prohibit funding to the City
45 further fair housing. within the City's ju
46 actions to comply with the County's fair
3
1 actions necessary to assure compliance with
COMMUNITY DEVELOPMENT ACT OF
s well as Title VT of the CIVIL RIGHTS ACT
'ION 109 OF TITLE I of the HOUSING AND
OF 1974, and other applicable laws. The
or activities, if the City does not affirmatively
sdiction or if the City impedes the County's
ousing certification. The City and the County
annually, shall principally bene
t persons of low- and moderate- income in a
manner that ensures that not less
than seventy (70%) of such funds are used for
activities that benefit such perso
s during such period. Further, as part of each
annual proposal submitted by th
City to the County for the use of the CDBG,
HOME and ESG funds for that
ear, the City shall indicate how and when the
City proposes to achieve this 70% objective.
5.
That the aggregate use of funds
for the benefit of low- and moderate -income
persons shall also apply to the County
in its use of CDBG, HOME and ESG funds
for unincorporated Fulton County
6.
That the County and the City
agree to cooperate to undertake, or assist in
undertaking community renewal,
and lower income housing assistance activities.
7.
That the County and the City have
adopted and are enforcing:
(1) A policy prohibiting the
use of excessive force by law enforcement
agencies within its jurisd ction against any individuals engaged in non-
violent civil rights demonstrations;
and
(2) 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 ri
ghts, demonstrations within its jurisdiction.
8_
That the grant will be conducted
and administered in conformity with the Civil
Rights Act of 1964 and the Fair
Housing Act, and the City will affirmatively
further fair housing.
9.
That City may not sell, trade, o
otherwise transfer all or any portion of such
funds to a metropolitan city, urb
county, unit of general local government, or
Indian tribe, or insular area that
irectly or indirectly receives CDBG funds in
exchange for any other funds,
its or non -Federal considerations, but must use
such funds for activities eligible
under Title I of the Housing and Community
Development Act of 1974, as ame ided.
10.
The City agrees that, as determi ied by the County, to carry out a community
development program and thea proved Consolidated Plan and/or meet other
requirements of the CDBG, and
ere applicable, HOME and ESG program, and
other applicable laws.
BE IT FURTHER AGREED, as
§570.602 SECTION 109 OF THE HOUSING i COMMUNITY DEVELOPMENT ACT OF
1974 (AS AMENDED: 42 U.S.C. 5301)
39 That the County and the City shall take <
40 SECTION 104(b) of THE HOUSING �
41 1974 (AS AMENDED: 42 U.S.C. 5301),
42 of 1964, the FAIR HOUSING ACT, SEC
43 COMMUNITY DEVELOPMENT ACT
44 County shall prohibit funding to the City
45 further fair housing. within the City's ju
46 actions to comply with the County's fair
3
1 actions necessary to assure compliance with
COMMUNITY DEVELOPMENT ACT OF
s well as Title VT of the CIVIL RIGHTS ACT
'ION 109 OF TITLE I of the HOUSING AND
OF 1974, and other applicable laws. The
or activities, if the City does not affirmatively
sdiction or if the City impedes the County's
ousing certification. The City and the County
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provide that no persons in the United S
sex, or national origin, be excluded froi
subjected to discrimination under this C
§570.603 LABOR STANDARDS
That the County and the City shall take
the Labor Standards set forth in Secti,
imposed by or pursuant to the Davis
Standards Acts.
§570.604 ENVIRONMENTAL STANDARDS
That the County shall take all actions
Environmental Policy Act of 1969 and
of such Act.
§570.605 NATIONAL FLOOD INSURANCE
That the County and the City shall. take
Section 202(a) of the Flood Disaster Pros
§570.606 RELOCATION, DISPLACEMENT,
That the County and the City shall take
the Uniform Relocation Assistance (URE
1970, and other provisions of law, which
§507.607 EMPLOYMENT AND CONTRAC
That, during its performance under this
actions necessary to assure compliance i
no person shall be discriminated again
national origin in all phases of empl,
federally assisted construction contracts.
§570.608 LEAD-BASED PAINT
That, during its performance under this
necessary actions to assure compliance
Poisoning Prevention Act.
§570.609 DEBARRED, SUSPENDED,
SUBCONTRACTORS
That, during its performance under this
tes shall, on the ground of race, color, religion,
participation in, be denied the benefit of, or be
peration Agreement.
actions necessary to assure compliance with
110 of the Act, as well as those standards
con and Contract Work Hours and Safety
,ary to assure compliance with the National
provisions of law, which further the purpose
actions necessary to assure compliance with
on Act of 1973,
ACQUISITION
. actions necessary to assure compliance with
and Real Property Acquisition Policies Act of
rther the purpose of such Act.
OPPORTUNITIES
Doperation Agreement, the City shall take all
h Executive Order 11246, which provides that
on the basis of race, color, religion, sex, or
nent during the performance of Federal or
;ration Agreement, the City shall take all
Section 401(b) of the Lead -Based Paint
INELIGIBLE CONTRACTORS OR
Agreement, the City shall take all
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actions necessary to assure that under thi
to, or otherwise engage the services of,
any period of debarment, suspension,
provisions of 24 CFR Part 5.
§570.610 UNIFORM ADMINISTRATIVE
That, during its performance under this
with the requirements and standards of
Circular A-87, "Cost Principles for c
Circular A-128, "Audits of State and Lo
CFR part 85 "Uniform Administratil
Agreements to State and Local Governs
CFR 570.502 (a).
§570.611 CONFLICT OF INTEREST
That, during its performance under this
necessary actions to comply with the co;
OMB Circular A-110.
§570.612 EXECUTIVE ORDER 12372
That, during its performance under this
shall take all necessary actions to coi
Programs.
§570.613 ELIGIBILITY FOR CERTAIN RE
That, during its performance under this
necessary actions to comply with restrict
24 CFR part 49.
HB 87 ILLEGAL IMMIGRATION REFORM
Among other measures, the Illegal
Requires subcontractors and sub-sut
the contractors working on public prod
to the local government within five (5)
- Requires local governments to submit
annually by December 31. If the audito
city has 30 days to demonstrate complh
status. Local governments in disagreer
part, the City will not employ, award contracts
)r fund any contractor or subcontractor during
)r placement in ineligibility status under the
)operation Agreement, the City shall comply
Office of Management and Budget (OMB)
e, Local and Indian Tribal Governments,"
Governments", and applicable sections of 24
Requirements for Grants and Cooperation
its" and related provisions specified under 24
ooperation Agreement, the City shall take all
ict of interest provisions in 24 CFR 85.36 and
enation Agreement, the County, and the City
with Intergovernmental Review of Federal
ALIENS
peration Agreement, the City shall take all
applicable to legalized aliens a-, de -scribed in
and Reform Enforcement Act of 2011:
actors to submit their E -Verify affidavits to
The contractor then must forward affidavits
of receipt.
Verify compliance reports to the state auditor
fords a violation in this reporting, the county or
.ce or will lose their qualified local government
-nt may seek relief through the Office of State
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Administrative hearings. Counties v
Constitutional Officers failing to abide
- Creates an offense of aggravated
identification to obtain employment )&
and a fine of up to $250,000.
not be held responsible for the failure of
this requirement.
fy fraud for those knowingly using fake
punishment being from 1-15 years in prison
- Authorizes law enforcement officers to verify, through one of several listed documents
or immigration verification programs, the immigration status of those they have probable
cause to suspect of committing a criminal offense. If the person is found to be an illegal
immigrant, the officer may take any action authorized by state or federal law, and has
immunity from damages or liability in th4 process.
- Allows, local law enforcement agencito arrest any person for a violation of federal
orized
immigration law when authby fed ral law.
- Requires private businesses with more
they are registered to use E -Verify in o
occupation tax certificate or other docun
cities must file a report annually, to tl
license or certificate they issued during
business and their E -Verify number.
knowingly violate this reporting requires
in 10 employees to sign an affidavit and attest
;r to obtain or renew a local business license,
tt required to operate a business. Counties and
Department of Audits, which identifies each
year - to include the name of the person and
iy person, including county employees, who
,it, shall be guilty of a misdemeanor.
— Requires any applicant who applieE for a public benefit (or who must provide
identification for any official purpose) tc provide secure and verifiable documents to the
county to prove their legal status. Loca government employees in willful violation are
guilty of a misdemeanor. Each year the Attorney General will provide a list of "secure
and verifiable" documents.
- Creates the Immigration Enforcer.
Audits, which will take complaints, i
§570.902 TIMELY CDBG PROGRAM
That the County shall take all a
program expenditures to keep the
ratio.
§91.505 AMENDMENTS TO THE CONSO
Review Board, attached to the Department of
igate and enforce the provisions of this Act.
necessary to assure compliance with timely
v's CDBG entitlement balance below the 1.5
TED PLAN
That the County and the City will take all. necessary actions to assure compliance with all
requirements of 24 CFR part 91.105 Cit` en Participation Plan; Local Governments. The
County's criteria, which is used to deterr iine a substantial amendment in accordance with
the County's citizen participation plan, i3 any change in the project funding amount that
K
either increases or decreases the project funding amount by sixty percent (60%) or more.
BE IT FURTHER AGREED, as follows:
5 I. ALLOCATION? OF FUNDS
6
7 The annual CDBG, ESG and Home programs for the County will be developed based on
8 the amount of CDBG and HOME funds awarded to the County by HUD. A maximum of
9 forty- five percent (45%) or a minimum of twenty-five (25%) may be allocated to the
10 participating jurisdictions and the balance to Fulton County, based on the percentage of
11 low to moderate income levels, using the, most current U.S. census data or other mutually
12 accepted data. The allocation of the annual HOME funds will be allocated for Housing
13 Development (Rehabilitation, Acquisition, Construction, and Rental Assistance).
14
15 11. PROGRAM INCOME REQUIREiN. EINTS
16
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a)
That, the City must inform the County of any income generated by the City by the
18
expenditure of CDBG and HOW funds, by providing the County information on
19
the amount of the program income, how it was generated, and the City's proposed
20
use of the income; and
21
b)
That, any such program income generated by the City may be retained by the City
22
subject to requirements set forth in this Cooperation Agreement, provided
23
however, that the City uses the income for an approved activity or an activity that
2 4
has been created by program amendment; and
25
c)
That, any program income retained by the City may only be used for eligible
26
activities in accordance with all applicable CDBG and HOME requirements as
27
may apply; and
28
d)
That, the County has the responsibility for monitoring and reporting to HUD on
29
the use of any such program income, and as such, the City must maintain
30
appropriate records for reporting purposes and provide said reports to the County
31
at the County's request; and
32
e)
That, in the event of close-out or change in status of the City's participation in the
33
CDBG and HOME programs. any program income that is on hand or received
34
subsequent to the close-out or change in status shall be paid to the County.
35
36 III.
REAL
PROPERTY" ACQUISTTIO 1 OR IMPROVEiVIE`1TS
37
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a)
That, the City shall, in a timely fashion, notify the County of any modification or
39
change in the use of real property from that planned at the time of acquisition or
4(--,
improvement including disposition; and
41
b)
That, the City shall reimburse the County in an amount equal to the current fair
42
market value (less any portion thereof attributable to expenditures of non-CDBG
43
and HOME funds) of property acquired or improved with CDBG and HOME
44
funds that is sold or transferred for a use which does not qualify under the CDBG
45
and HOME regulations; and
46
0
That, the City shall transfer to the County any program income generated from the
r
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disposition or transfer of prop
of status or termination of this
IV. ADNUNISTRATTW
prior to or subsequent to the close-out, change
peration Agreement.
A) RESPONSIBILITIES OF THE CO Y:
1. The County shall be responsible I Dr the preparation and submission of the annual
CDBG Consolidated Plan to
2. The County shall have final re porisibility for the selection of projects and
activities that become part of the annual Consolidated Plan; provided, however,
that the County shall not include in its Consolidated Plan any community
development or housing activity within the City which is not mutually acceptable
to both the City and the County, except in instances involving private property,
provided however, that the activi is consistent with the City's existing plans and
ordinances.
3. The County shall request propose is from the City regarding the City's proposed
use of the CDBG, HOME and ES G funds as part of each annual preparation and
submission of the Consolidated Plan.
4. The. County shall provide the City a copy of each annual Consolidated Plan
submitted to HUD.
5. The County shall be responsible for fulfilling the requirements of Executive Order
12372 Intergovernmental Review Procedures as part. of the preparation and
submission of the Consolidated Plan.
6. The County shall be responsible for fulfilling the CDBG, HOME and ESG citizen
participation requirements as part f the annual preparation and submission of the
CDBG Consolidated Plan, to in Jude the requirement that at least one public
hearing be conducted prior to submission of the Consolidated Plan to HUD, and
the publishing of the Consolidated Plan.
7. The County shall be responsib a for amending the Consolidated Plan and
transmitting such amendment to HUD.
8. The County shall be responsible for conducting on-site monitoring visits and
performance reviews of the Citys use of the CDBG and HOME funds. This
monitoring and review shall i elude the City's management systems and
procedures as they relate to the dministration of CDBG and HOME assisted
projects and activities.
9. The County shall be responsible or environmental review and clearance for all
CDBG, HOME and ESG assisted ztivities.
10. The County shall be responsible for generating a Wage Determination for all
CDBG and HOME assisted cons ction projects. The County shall ensure that
the City receives a copy of the W e Determination.
11. The County shall receive a copy of all CDBG and HOME assisted contracts and
agreements proposed by the City prior to the City's award of such contracts or
agreements.
12. The County shall provide technical assistance to the City in the form of oral
and/or written guidance and on-si a visits regarding CDBG and HOME program
1
requirements and procedures. This technical assistance may include preparation
2
of contract documents for the City, and contracting for the City, and management
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of the City's projects and activities, or other administrative requirements as
4
provided herein, provided however, that the City shall request in writing this
5
particular assistance from the County, and that any costs resulting from this
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assistance be chargeable to the City's share of the County's CDBG and HOME
7
funds.
8
13.
The County shall have the authority to review all written procedures and all
9
materials, notices, documents, etc., prepared by the City as part of the City's
10
administration of CDBG and HOME assisted activities and use of funds.
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B)
RESPONSIBILITIES OF THE CITY:
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1.
The City shall be responsible for submitting proposals to the County for the use of
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CDBG and HOME programs funds. Proposals shall be submitted on forms
16
established by the County, and shall be submitted within the time limit established
17
by the County. As part of this annual submission, the City shall indicate how and
18
when it proposes to achieve the 70% objective for benefit to low- and moderate -
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income persons as provided in number 4 of page 2 herein.
20
2.
The City shall not incur any cost related to a CDBG and HOME assisted activity
21
until such time that the environmental assessment of the activity is completed.
22
Any cost incurred by the City in violation of the CDBG and HOME implementing
23
regulations pertaining to the National Environmental Protection Act (NEPA) shall
24
become the responsibility of the City through resources other than CDBG and
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HOME funds.
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3.
The City shall be responsible for publishing a notice in a local community
27
newspaper, of the City's proposed use of the CDBG and HOME funds allocated to
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it by the County for each annual program as part of the County's preparation of
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the annual Consolidated Plan. The City shall provide the County a copy of said
30
notice.
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4.
The City shall be responsible for procurement of all supplies, equipment, services,
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and construction necessary for implementation of its CDBG and HOME assisted
33
project(s). Procurement shall be carried out by the City in accordance with the
34
"Common Rule" 24 CFR Part 84, "Administrative Requirements for Grants and
35
Cooperation Agreements to State, Local and Federally recognized Indian Tribal
36
Governments".
37
5.
The City shall be responsible for publishing Bid Advertisements, Requests for
38
Proposals, and the like, for CDBG and HOME assisted activities where the City
39
proposes to be a party to the contract for the solicited services.
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6.
For each CDBG and HOME assisted construction project in which the City is
41
party to the construction contract, the City shall provide the County a copy of the
42
Contract, Bid Advertisement, Notice of Award, Notice to Proceed, Certificate of
43
Final Inspection of acceptance of work, and all change orders.
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7.
The City shall provide the County a copy of all CDBG and HOME assisted
45
contracts and agreements executed by the City.
46
8.
The City, in conjunction with the County, shall be responsible for conducting a
0
1
preconstruction conference for all CDBG and HOME assisted constructed
2
projects where the City is party to the construction contract.
3
9.
Prior to the City's award of a CDBG and HOME assisted contract or agreement,
4
the City must verify the proposed contractor's and sub -contractor's eligibility from
5
the GSA List of Parties Excluded from Federal Procurement and Non -
6
procurement Programs.
7
10.
The City shall be responsible for conducting employee interviews, and securing
8
and examining payrolls for all CDBG and HOME assisted City construction
9
projects and shall forward all original documents to the County.
10
11.
The City may undertake CDBG and HOME assisted construction projects using
11
municipal labor and equipment ("force account"). The City's CDBG and HOME
12
allocation for the project concerning labor and equipment are eligible for such
13
costs.
14
12.
The City shall provide its citizens with reasonable access to records regarding the
15
past use of CDBG and HOME funds, consistent with applicable State and local
16
laws regarding personal privacy and obligations of confidentiality.
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13.
The City shall maintain accounts and records, including furnishings and personal
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property records in accordance with OMB Circular A-21, A-87, or A-122 as
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applicable, and financial records adequate to identify and account for all costs
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pertaining to this Cooperation Agreement and such other records as may be
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requested by the County to assure proper accounting for all funds, both public and
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private. Said records shall be made available for audit purposes to the County, the
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U.S. Department of Housing and Urban Development or any authorized
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representative, and shall be retained unless permission to destroy them is granted
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by the County. The City's records and accounts shall at all times meet or exceed
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the applicable requirements of Federal, State and County law, rules and
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regulations. Further, the City shall submit detailed reports on the progress made
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and services provided during the course of this project. At a minimum, these
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reports shall be submitted on a monthly basis, and shall include the same
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information indicated in the "Monthly and Year End Performance Report"
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attached hereto.
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14.
The City shall provide the County an audited report detailing the City's receipt
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and expenditure of County CDBG and HOME funds. This report shall be due by
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a date(s) to be mutually established between the City and County.
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15.
The City shall cooperate with the County in correcting or addressing any findings
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or deficiencies noted by HUD with respect to the County's performance under the
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CDBG and HOME program. Further, the City shall immediately correct or
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remedy any and all findings or deficiencies noted in the City's performance under
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the program, or in the City's use of the CDBG and HOME funds.
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16.
The City shall ensure that all printed material describing a CDBG or HOME
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project or project financed in whole or in part with CDBG or HOME funds
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gives recognition to the County and HUD.
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17.
The City shall participate in the County's CDBG and HOME programs and agree
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to cooperate to undertake, or assist in undertaking, community development, and
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housing activities in accordance with this Cooperation Agreement and all
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applicable rules and regulations under the CDBG and HOME programs, and not
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V.
apply for grants under the Small Cities or State CDBG Programs. The City cannot
form a consortium with other local governments from appropriations for fiscal
years during the period in which it is participating in the Urban County's CDBG
and HOME programs.
C) JOINT COUNTY AND THE CITY RESPONSIBILITIES:
1. It is the policy of Fulton County Government, its agencies, departments, and
agents to comply with the Georgia Security and Immigration Compliance Act
(GSICA), as amended from time to time. The Illegal Immigration and Reform
Enforcement Act of 2011: requires Fulton County to require at a minimum,
subcontractors and sub -subcontractors to submit their E -Verify affidavits to the
contractors working on public projects. The contractor then must forward
affidavits to the local government within five (5) days of receipt. The contractors
shall submit forms indicated as "Affidavit Verifying Status of Benefit Applicant,
City's Affidavit, Contractor's Affidavit and Subcontractor's Affidavit" attached
hereto.
2. The County and the City shall use these funds [and any program income derived
from these expenditures of CDBG and HOME funds], to address certain needs of
predominantly low and moderate income persons to be made available during the
period beginning with Federal Fiscal Year 2018 and continuing in place and in
full effect until funds are expended and the funded activities completed. The
agreement remains in effect during the three-year qualification period, and any
successive qualification periods under agreements are expended and the funded
activities completed, and the County and City cannot terminate or withdraw form
the agreement while it remains in effect.
3. The County and the City shall execute this Cooperation Agreement at the end of
each three-year qualification period and agree to adopt any amendment to the
agreement incorporating changes necessary to meet the requirements for
cooperation agreements set forth in an Urban County Qualification Notice
applicable for a subsequent three-year urban county qualification period, and to
submit such amendment to HUD as provided in the urban county qualification
notice, and that such failure to comply will void the automatic renewal of such
qualification period.
4. The City shall take affirmative steps to assure that small and minority businesses
are utilized when possible as sources of supplies, equipment, construction and
services, consistent with those steps described in the "Common Rule," 24 CFR,
85.36(e) (1-2).
OTHER ADMINISTRATIVE PROVISIONS
a) The County, at its sole option, may utilize its CDBG Letter of Credit established
with the U.S. Treasury for the purpose of providing interim financing for
economic development related projects. Such use shall be based on guidelines
and procedures established by the County. Further, the City may also utilize this
interim financing capability upon approval of the County.
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VI. FAILURE TO CARRY OUT ACTIVITIES IN A TIMELY MANNER
The City agrees to carry out its approved CDBG and HOME activities in a timely
manner. "Timely manner" shall mean:
(1) that all or part of the funds for an activity, to include planning and/or design if
applicable, are committed to a binding contract or agreement within twelve (12)
calendar months from the start of the program year in which the funds are
awarded; and
(2) that the City will make reasonable progress in completing this activity. The
definition of "reasonable progress" will differ from activity to activity, depending
on the size, scope, and complexity of the activity. However, reasonable progress
shall generally mean completion of the activity within fourteen (14) calendar
months from the start of the program year in which the funds are awarded.
Exceptions to this 14 -month completion requirement shall, at the County's option,
be granted on a case-by-case basis.
Failure by the City to carry out an activity in a timely manner shall mean that the County,
at its option, shall recapture all unspent funds designated for an activity and/or deny
additional annual funding. If the City wants to appeal for an extension, the City must
notify the County in writing six (6) months before the fourteen (14) months funding
period ends. The County has the option to approve or disapprove the extension. Funds
recaptured or withheld by the County will not be returned or reallocated to the City. Said
funds will be allocated to other Fulton County projects that will ensure that the County
expenditure rate is consistent with HUD requirements in (24 CFR 570.902).
VII. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the City shall fail to fulfill in timely and proper manner its
obligations under this Cooperation Agreement, or in the event that any of the provisions
or stipulations of this Cooperation Agreement are violated by the City, the County shall
thereupon have the right to suspend or terminate this Cooperation Agreement by giving
written notice to the City of its intent to terminate or suspend the Cooperation
Agreement, specifying the reasons for such intention to terminate or suspend the
Cooperation Agreement. Unless within ten (10) days after serving of such notice (by
hand delivery or posting in the U. S. Mail) upon the City such violation or delay shall
cease or arrangements for correction satisfactory to the County be made, the Cooperation
Agreement shall, upon expiration of said ten (10) days, be suspended or terminated
without further notice. Upon such suspension or termination, the City will be
compensated by the County for expenses deemed by the County to be due and
reasonable.
VIII. TERMINATION FOR CONVENIENCE OF THE COUNTY
Should the U. S. Department of Housing and Urban Development institute corrective
12
1 and/or remedial actions against the County in accordance with regulations under the
2 CDBG and HOME program where such actions impede or halt the disbursement of
3 Fulton County CDBG and HOME funds under this Cooperation Agreement, the County
4 may terminate this Cooperation Agreement by giving at least fifteen (15) days prior
5 notice in writing (by hand delivery or posting in the U. S. Mail) to the City.
6
7
8 IX. REVERSION OF ASSETS
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10 (1) Upon expiration or termination of this Cooperation Agreement, the City shall transfer
11 to the County any CDBG and HOME funds on hand at the time of expiration or
12 termination and any accounts receivable, including Program Income receipts, attributable
13 to the use of County CDBG and HOME funds.
14 (2) Should a project financed in whole or in part with CDBG funds fail to meet a CDBG
15 National Objective or CDBG eligibility requirements upon completion, the City must
16 reimburse to the County all CDBG funds received by the City from the County that were
17 invested in the project.
18 (3) Further, in the event that the City should sell or otherwise dispose of any property
19 acquired with Fulton County CDBG and HOME funds, the manner of said disposition
20 shall result in the County being reimbursed in an amount of the current fair market value
21 of the property at that time less any portion of the value attributable to expenditures of
22 non -Fulton County CDBG and HOME funds. In the event that such sale or disposition
23 occurs after ten (10) years, such reimbursement shall not be required.
24
25 X. FAILURE TO PERFORM
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27 The County, at its option, may deny annual funding if the City's performance during the
28 previous funding year did not meet all of the terms of this Cooperation Agreement and/or
29 any Subrecipient Agreement.
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31 XI. CORRESPONDENCE AND NOTIFICATION
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33 All correspondence or notifications by the City to the County regarding the County's
34 CDBG, HOME and ESG program should be directed to Fulton County Housing and
35 Community Development. Any correspondence or notifications by the City to HUD
36 should be directed to the Director, Office of Community Planning and Development,
37 Georgia State Office.
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IN WITNESS HEREOF, of the parties hereunto have set their hands and seals.
CITY OF MILTON, GA
Joe LockwoQ-d, Mayor
City of Milton
'7,
Date: � - (11
ATTEST:
StevenvKrokoff, City Manager
City of Milton
Approved As To Form:
Ken JarrarCCitv 'Attorney—
City of Milton-
fpLTCW COUNTY
F cie L. Atwater, Sr.
Director, Department of Housing and
Community Development
Date: ?D/
John H. Eaves, Chair
Fulton County Board of
Commissioners
Date:
or, r. '-Txnm Clerk to the
Commission
Fulton County Board of
Commissioners
Approved As To Form:
Office of the County Attorney
14
ITEM = 22 S-1. I
RECESS MEETING
FAIR HOUSING CERTIFICATION
3
4 In accordance with Public Law 88-352; Public Law 90-284; Executive Order 11063 and Section
5 109 of the Act, Fulton County, Georgia, and the City certify that:
6
7 No person in the United States shall on the ground of race, color, national origin, or sex,
8 be excluded from participation in, be denied the benefit of, or be subjected to
9 discrimination under, any program or activity funded in whole or part with community
10 development funds made available pursuant to the Act. For purposes of this certification,
11 "program or activity" is defined as any function conducted by; an identifiable
12 administrative unit or the recipient, or by any unit of government, Subrecipient, or private
13 contractor receiving community development funds or loans from the recipient. "Funded
14 in whole or in part with community development funds means that community
15 development funds in any amount in the form of grants or proceeds from HUD
16 guaranteed loans have been transferred by the recipient or a Subrecipient to an
17 identifiable administrative unit and disbursed in a program or activity.
18
19 The grant will be conducted and administered in conformity with the Civil Rights Act of
20 1964 and the Fair Housing Act, and the grantee will affirmatively further fair housing.
21
22 Be it further agreed that this Agreement prohibits urban county funding for activities in or
23 in support of any cooperating unit of general local government that does not
24 affirmatively, further fair housing within its own jurisdiction or that impedes the county's
25 actions to comply with its fair housing certification.
15
FULTO\T COUNTY GEORGIA'S ATTORNEY'S OPPi LION
It is my opinion, as County Attorney for Fulton County, Georgia, that the terms and provisions
of the foregoing Cooperation Agreement for the County's Community Development Block
Grant, HOME Investment Partnerships programs, authorized under Title I of the Housing and
Community Development Act of 1974, as amended, and the Emergency Solutions Grant are
fully authorized under State and local law, and that this Agreement provides full legal authority
under existing laws for the County to undertake or assist in undertaking essential community
development, housing and homeless assistance activities.
Date: day of , 2017
Office of the County Attorney
i1EM- #
RECESS MEERNG
1 A RESOLUTION
2
3 EXPRESSING THE INTENT OF THE BOARD OF COMMISSIONERS
4 OF FULTON COUNTY, GEORGIA TO EXECUTE COOPERATION AGREEMENTS
5 WITH THE CITIES OF
6 ALPHARETTA, CHATTAHOOCHEE HILLS, COLLEGE PARK, EAST POINT,
7 FAIRBURN, HAPEVILLE, MILTON, MOUNTAIN PARK, PALMETTO & UNION CITY
8 FOR CONTINUED PARTICIPATION IN
9 THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG, HOME and
10 ESG) PROGRAMS FOR
11 FISCAL YEARS 2018, 2019, AND 2020
12
13 WHEREAS, Fulton County must enter into Cooperation Agreements with certain units of
14 general local government located in whole or in part within the County in order for such units to be
15 included as part of the County for participation in the Community Development Block Grant
16 (CDBG), HOME Investment Partnerships (HOME) programs, and the Emergency Solutions Grant
17 (ESG) for Federal Fiscal Years 2018, 2019, and 2020 to be automatically renewed thereafter; and
18
19 WHEREAS, the attached Cooperation Agreement ("Agreement") has been prepared for
20 said purpose; and
21
22 WHEREAS, the Chairman of the Board of Commissioners of Fulton County, Georgia, as
23 the designated Chief Elected Official of Fulton County, shall be authorized to disburse all CDBG,
24 ESG and HOME grant funds in accordance with directives under the CDBG, ESG and HOME
25 programs.
26
27 WHEREAS, evidence authorizing execution of said Agreement must accompany the
28 Cooperation Agreement upon its submission to the U.S. Department of Housing and Urban
29 Development.
30
31 NOW THEREFORE, BE IT RESOLVED, that it is the intent of Fulton County Board of
32 Commissioners, effective January 1, 2018, that no provision of any Fulton County Cooperation
33 Agreement shall be in violation of applicable provisions of the U.S. Department of Housing and
34 Urban Development; and
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36 BE IT FURTHER RESOLVED, that the Board of Commissioners hereby approves the
37 Cooperation Agreement and authorizes and directs the Clerk to the Commission to transmit an
38 executed copy of this Resolution to each local government of Fulton County.
39
40 BE IT FURTHER RESOLVED, that the Chairman of the Board of Commissioners is
41 hereby authorized to execute said Cooperation Agreement in accordance with directives under the
42 CDBG, ESG and HOME programs.
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44 BE IT FINALLY RESOLVED, that the County Attorney is hereby authorized to approve
45 and execute said Cooperation Agreement as to form and substance and make any necessary
46 modifications thereto, prior to execution by the Chairman.
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48
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1 SO RESOLVED, this day of
2017.
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Ll S
4j!�
5res;.
6
�'at
: ;[oil; giy gao of Commissioners
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'A,t":
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Ton ' r, Interim Clerk to the
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Commission
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. 1 , --
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Date: ' , "
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APPROVED AS TO FORM:
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Office of the County Attorney
We
ITEM
RECESS MEETING
FULTON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
137 PEACHTREE STREET, STE. 300, ATLANTA, GA 30303
AN ADDENDUM BETWEEN
FULTON COUNTY, GEORGIA
AND
CITY OF MILTON, GEORGIA
STATE OF GEORGIA, COUNTY OF FULTON
FOR
2018.2020 COOPERATION AGREEMENT
This addendum is in reference to STATE OF GEORGIA, COUNTY OF FULTON FOR THE 2018-2020
COOPERATION AGREEMENT.
By signing this Addendum City (as defined below) states it will comply with the requirements and
standards below when administering CD8G. ESG and HOME grant funds.
As amended and per the 2018-70210 Cooperation Agreement and this Addendum, City affirms that
Fulton County, Georgia and City's 2018 -2020 Cooperation Agreement complies under 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 affirmatively furthering fair housing. As such,
City will 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 applicable laws.
City will not fund activities in, or in support of. any cooperating unit of general iota government
that does not affirmatively further fair housing within its own jurisdiction or that impedes the
county's actions to comply with the county's fair housing certification.
Noncompliance by a unit of general local government included in an urban county may constitute
noncompliance by the grantee (i.e., the urban county) that can, in turn , provide cause for funding
sanctions or other remedial actions by the Department. See 24 CFR 91.225(0).
This Addendum is hereby made part of the 2018-2020 Cooperation Agreement and specifications
to the same extent as if originally included therein, and shall be signed by City and included in the
2018-2020 Cooperation Agreement. Except for the changes herein. the original Cooperation
Agreement shall remain in full force and effect.
Please acknowledge receipt of this Addendum consisting of two pages by signing and returning a copy and original
signature of this Addendum by email and mail to Dawn Butler, Division Manager- dawn.butler@fultoncountyga.gov.
The County must acknowledge receipt of this addendum in the noted space below.
This �.Lday of September, 2017. y�
FULTON COUNTY CITY OF
r,
Bob Ellis, Vice Chair
Fulton County Board of Commissioners
Aproved As To Form;
Patrise Perkins -Hooker
County Attorney
Bri'vMoR oc [.ocKWa�
J