HomeMy WebLinkAboutRES. 17-08-439STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 17-08-439
RESOLUTION TO APPROVE THE FY2018-2020 COOPERATION AGREEMENT
BETWEEN THE CITY OF MILTON, GEORGIA AND FULTON COUNTY, GEORGIA
TO CONTINUE ITS PARTICIPATION IN THE COUNTY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS
PROGRAM, AND THE EMERGENCY 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:
1. 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"d day of August, 2017.
Date:
Mayor
City of Milton
ATTEST:
ite: '� � n
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FULTON COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT;
EMERGENCY SOLUTIONS GRANTS AND HOME PROGRAMS
COOPERATION AGREEMENT
[AUTHORITY: CPD NOTICE -14-07 04/25/20141
(Federal FYs2018 - 2020)
STATE OF GEORGIA
COUNTY OF FULTON
This Cooperation Agreement ("Cooperation Agreement"), made this day of
2017, by Fulton County, a political subdivision of the State of Georgia (hereinafter referred to as
"the County"), acting by and through its duly elected Board of Commissioners, and the City of Mil n,
Georgia, a political subdivision of the State of Georgia (hereinafter referred to as "the City").
WITNESSETH THAT:
WHEREAS, it has been determined by the U.S. Department of Housing and Urban
Development (hereinafter referred to as "HUD") that Fulton County, Georgia possesses the
powers necessary to undertake essential community development and housing assistance
activities in the unincorporated areas of the County and incorporated municipalities through its
Cooperation Agreement with the City; and
WHEREAS, HUD has determined that the County is eligible, as an "Urban County", to
receive Entitlement Community Development Block Grant (CDBG) funds under Title I of the
Housing and Community Development Act of 1974, as amended the HOME Investment
Partnerships Program funds, and the Emergency Solutions Grant (ESG); and
WHEREAS, these funds [and any program income derived from these expenditures of
CDBG, HOME and ESG funds] will be used to address certain needs of predominantly low and
moderate income persons to be made available for Federal Fiscal Years 2018, 2019, and 2020,
and annually thereafter unless otherwise terminated in writing by the County or the City; and
WHEREAS, the County and the City agree to execute this Cooperation Agreement
with the understanding that this decision is binding for a period of three -years and will
automatically be renewed for participation in successive three-year qualification periods unless
otherwise terminated in writing by either party upon the expenditure of Community
Development Block Grant and HOME Investment Partnerships Program funds granted by the
County to the City; and Emergency Solutions Grant (ESG); and
WHEREAS, neither party shall terminate or withdraw from this Cooperation Agreement
after the date specified in HUD's urban county qualification notice for the next qualification
period, the County will notify the City in writing of its right to terminate or withdraw from this
Cooperation Agreement; and
WHEREAS, the County and the City agree to adopt any amendment to the Cooperation
1 Agreement incorporating changes necessary to meet the requirements for cooperation
2 agreements set forth in an Urban County Qualification Notice applicable for a subsequent three -
3 year urban county qualification period and annually thereafter, and to submit such amendment to
4 HUD as provided in the urban county qualification notice, unless changes in the Cooperation
5 Agreement required by HUD would necessitate the execution of a new cooperation agreement,
6 and/or unless the participating municipality elects to be excluded from the cooperation
7 agreement at the beginning of each three year cycle and [as further described in this Cooperation
8 Agreement], beginning with FY 2018; and that such failure to comply will void the automatic
9 renewal for such qualification period; and
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11 WHEREAS, in order for the County to undertake such activities in the incorporated
12 jurisdictions in the County, the consent of the governing body of the local jurisdiction must be
13 secured and a cooperation agreement executed between the County and the local jurisdiction;
14 and
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16 WHEREAS, it is necessary that the County enters into a three (3) year cooperation
17 agreement with each local jurisdiction in the County (except for the Cities of Atlanta, Johns
18 Creek, Roswell, and Sandy Springs) for participation in the Community Development Block
19 Grant (CDBG) program, HOME Investment Partnerships Program; and the Emergency Solutions
20 Grant (ESG); and
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22 WHEREAS, the City elects to participate in the County's CDBG, HOME and ESG
23 programs the County and the City agree to cooperate to undertake, or assist in undertaking,
24 community development and housing activities in accordance with this Cooperation Agreement
25 and applicable rules and regulations under the CDBG, HOME and ESG programs, and further
26 agrees to not apply for grants under the Small Cities or State CDBG Programs and to not form a
27 consortium with other local governments from appropriations for fiscal years during the period
2-8 in which it is participating in the urban county's CDBG, HOME and ESG programs.
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30 NOW THEREFORE, in consideration of the mutual covenants contained herein, the
31 parties hereby agree as follows:
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3.3 1. That the County has the authority to carry out activities, from the annual
34 appropriations of Federal Community Development Block Grant funds and from
35 any program income, generated from the expenditures of such funds.
36 2. Pursuant to 24 CFR Part 570.501(b) the City is subject to the same requirements
37 applicable to subrecipients, including the requirement of a written cooperation
38 agreement set forth in 24 CFR 570.503.
39 3. That the City hereby elects to participate in the County's CDBG, HOME and ESG
40 Programs with the understanding that this decision is binding for a period of three
41 (3) years and annually thereafter and remains in effect until all funded activities
42 are completed and all program income received (with respect to activities carried
43 out during the three-year qualification period, and any successive qualification
44 periods) are expended, and that the County and the City cannot terminate or
45 withdraw from the Cooperation Agreement while it remains in effect.
46 4. That the aggregate use of the CDBG, HOME and ESG funds received by the City
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annually, shall principally benefit 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 persons during such period. Further, as part of each
annual proposal submitted by the City to the County for the use of the CD13G,
HOME and ESG funds for that year, 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 jurisdiction 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 rights 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, or otherwise transfer all or any portion of such
funds to a metropolitan city, urban county, unit of general local government, or
Indian tribe, or insular area that directly or indirectly receives CDBG funds in
exchange for any other funds, credits 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 amended.
10. The City agrees that, as determined by the County, to carry out a community
development program and the approved Consolidated Plan and/or meet other
requirements of the CDBG, and where applicable, HOME and ESG program, and
other applicable laws.
BE IT FURTHER AGREED, as follows:
§570.602 SECTION 109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF
1974 (AS AMENDED: 42 U.S.C. 5301)
39 That the County and the City shall take all actions necessary to assure compliance with
40 SECTION 104(b) of THE HOUSING & COMMUNITY DEVELOPMENT ACT OF
41 1974 (AS AMENDED: 42 U.S.C. 5301), as well as Title VI of the CIVIL RIGHTS ACT
42 of 1964, the FAIR HOUSING ACT, SECTION 109 OF TITLE I of the HOUSING AND
43 COMMUNITY DEVELOPMENT ACT OF 1974, and other applicable laws. The
44 County shall prohibit funding to the City for activities, if the City does not affirmatively
45 further fair housing within the City's jurisdiction or if the City impedes the County's
46 actions to comply with the County's fair housing certification. The City and the County
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1 provide that no persons in the United States shall, on the ground of race, color, religion,
2 sex, or national origin, be excluded from participation in, be denied the benefit of, or be
3 subjected to discrimination under this Cooperation Agreement.
4
5 §570.603 LABOR STANDARDS
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7 That the County and the City shall take all actions necessary to assure compliance with
8 the Labor Standards set forth in Section 110 of the Act, as well as those standards
9 imposed by or pursuant to the Davis -Bacon and Contract Work Hours and Safety
10 Standards Acts.
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12 §570.604 ENVIRONMENTAL STANDARDS
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14 That the County shall take all actions necessary to assure compliance with the National
15 Environmental Policy Act of 1969 and other provisions of law, which further the purpose
16 of such Act.
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18 §570.605 NATIONAL FLOOD INSURANCE PROGRAM
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20 That the County and the City shall take all actions necessary to assure compliance with
21 Section 202(a) of the Flood Disaster Protection Act of 1973.
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23 §570.606 RELOCATION, DISPLACEMENT, AND ACQUISITION
24
25 That the County and the City shall take all actions necessary to assure compliance with
26 the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of
27 1970, and other provisions of law, which further the purpose of such Act.
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29 §507.607 EMPLOYMENT AND CONTRACTING OPPORTUNITIES
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31 That, during its performance under this Cooperation Agreement, the City shall take all
32 actions necessary to assure compliance with Executive Order 11246, which provides that
33 no person shall be discriminated against on the basis of race, color, religion, sex, or
34 national origin in all phases of employment during the performance of Federal or
35 federally assisted construction contracts.
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37 §570.608 LEAD-BASED PAINT
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39 That, during its performance under this Cooperation Agreement, the City shall take all
40 necessary actions to assure compliance with Section 401(b) of the Lead -Based Paint
41 Poisoning Prevention Act.
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43 §570.609 DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR
44 SUBCONTRACTORS
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46 That, during its performance under this Cooperation Agreement, the City shall take all
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1 actions necessary to assure that under this part, the City will not employ, award contracts
2 to, or otherwise engage the services of, or fund any contractor or subcontractor during
3 any period of debarment, suspension, or placement in ineligibility status under the
4 provisions of 24 CFR Part 5.
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6 §570.610 UNIFORM ADMINISTRATIVE REQUIREMENTS
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8 That, during its performance under this Cooperation Agreement, the City shall comply
9 with the requirements and standards of the Office of Management and Budget (OMB)
10 Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments,"
11 Circular A-128, "Audits of State and Local Governments", and applicable sections of 24
12 CFR part 85 "Uniform Administrative Requirements for Grants and Cooperation
13 Agreements to State and Local Governments" and related provisions specified under 24
14 CFR 570.502 (a).
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16 §570.611 CONFLICT OF INTEREST
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18 That, during its performance under this Cooperation Agreement, the City shall take all
19 necessary actions to comply with the conflict of interest provisions in 24 CFR 85.36 and
20 OMB Circular A-110.
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22 §570.612 EXECUTIVE ORDER 12372
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24 That, during its performance under this Cooperation Agreement, the County, and the City
25 shall take all necessary actions to comply with Intergovernmental Review of Federal
26 Programs.
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28 §570.613 ELIGIBILITY FOR CERTAIN RESIDENT ALIENS
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30 That, during its performance under this Cooperation Agreement, the City shall take all
31 necessary actions to comply with restrictions applicable to legalized aliens as described in
32 24 CFR part 49.
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34 HB 87 ILLEGAL IMMIGRATION REFORM
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36 Among other measures, the Illegal Immigration and Reform Enforcement Act of 2011:
37
38 - Requires subcontractors and sub -subcontractors to submit their E -Verify affidavits to
39 the contractors working on public projects. The contractor then must forward affidavits
40 to the local government within five (5) days of receipt.
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42 - Requires local governments to submit E -Verify compliance reports to the state auditor
43 annually by December 31. If the auditor finds a violation in this reporting, the county or
44 city has 30 days to demonstrate compliance or will lose their qualified local government
45 status. Local governments in disagreement may seek relief through the Office of State
Administrative hearings. Counties will not be held responsible for the failure of
Constitutional Officers failing to abide by this requirement.
- Creates an offense of aggravated identify fraud for those knowingly using fake
identification to obtain employment with the punishment being from 1-15 years in prison
and a fine of up to $250,000.
- 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 the process.
- Allows, local law enforcement agencies to arrest any person for a violation of federal
immigration law when authorized by federal law.
- Requires private businesses with more than 10 employees to sign an affidavit and attest
they are registered to use E -Verify in order to obtain or renew a local business license,
occupation tax certificate or other document required to operate a business. Counties and
cities must file a report annually, to the Department of Audits, which identifies each
license or certificate they issued during the year - to include the name of the person and
business and their E -Verify number. Any person, including county employees, who
knowingly violate this reporting requirement, shall be guilty of a misdemeanor.
— Requires any applicant who applies for a public benefit (or who must provide
identification for any official purpose) to provide secure and verifiable documents to the
county to prove their legal status. Local 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 Enforcement Review Board, attached to the Department of
Audits, which will take complaints, investigate and enforce the provisions of this Act.
§570.902 TIMELY CDBG PROGRAM EXPENDITURES
That the County shall take all actions necessary to assure compliance with timely
program expenditures to keep the County's CDBG entitlement balance below the 1.5
ratio.
§91.505 AMENDMENTS TO THE CONSOLIDATED PLAN
That the County and the City will take all necessary actions to assure compliance with all
requirements of 24 CPR part 91.105 Citizen Participation Plan; Local Governments. The
County's criteria, which is used to determine a substantial amendment in accordance with
the County's citizen participation plan, is any change in the project funding amount that
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1 either increases or decreases the project funding amount by sixty percent (60%) or more.
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3 BE IT FURTHER AGREED, as follows:
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5 I. ALLOCATION OF FUNDS
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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).
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15 11. PROGRAM INCOME REQUIREMENTS
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17 a) That,, the City must inform the County of any income generated by the City by the
18 expenditure of CDBG and HOME 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
24 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.
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36 III. REAL PROPERTY ACQUISITION OR IMPROVEMENTS
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38 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
40 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 c) That, the City shall transfer to the County any program income generated from the
1 disposition or transfer of property prior to or subsequent to the close-out, change
2 of status or termination of this Cooperation Agreement.
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4 IV. ADMINISTRATIVE RESPONSIBILITIES
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RESPONSIBILITIES OF THE COUNTY
The County shall be responsible for the preparation and submission of the annual
CDBG Consolidated Plan to HUD.
The County shall have final responsibility 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 activity is consistent with the City's existing plans and
ordinances.
The County shall request proposals from the City regarding the City's proposed
use of the CDBG, HOME and ESG funds as part of each annual preparation and
submission of the Consolidated Plan.
The County shall provide the City a copy of each annual Consolidated Plan
submitted to HUD.
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.
The County shall be responsible for fulfilling the CDBG, HOME and ESG citizen
participation requirements as part of the annual preparation and submission of the
CDBG Consolidated Plan, to include 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.
The County shall be responsible for amending the Consolidated Plan and
transmitting such amendment to HUD.
The County shall be responsible for conducting on-site monitoring visits and
performance reviews of the City's use of the CDBG and HOME funds. This
monitoring and review shall include the City's management systems and
procedures as they relate to the administration of CDBG and HOME assisted
projects and activities.
The County shall be responsible for environmental review and clearance for all
CDBG, HOME and ESG assisted activities.
The County shall be responsible for generating a Wage Determination for all
CDBG and HOME assisted construction projects. The County shall ensure that
the City receives a copy of the Wage Determination.
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.
The County shall provide technical assistance to the City in the form of oral
and/or written guidance and on-site visits regarding CDBG and HOME program
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requirements and procedures. This technical assistance may include preparation
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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
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provided herein, provided however, that the City shall request in writing this
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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
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funds.
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13.
The County shall have the authority to review all written procedures and all
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materials, notices, documents, etc., prepared by the City as part of the City's
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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 responsiblefor submitting proposals to the County for the use of
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CDBG and HOME programs funds. Proposals shall be submitted on forms
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established by the County, and shall be submitted within the time limit established
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by the County. As part of this annual submission, the City shall indicate how and
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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.
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2.
The City shall not incur any cost related to a CDBG and HOME assisted activity
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until such time that the environmental assessment of the activity is completed.
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Any cost incurred by the City in violation of the CDBG and HOME implementing
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regulations pertaining to the National Environmental Protection Act (NEPA) shall
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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
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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
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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
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project(s). Procurement shall be carried out by the City in accordance with the
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"Common Rule" 24 CFR Part 84, "Administrative Requirements for Grants and
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Cooperation Agreements to State, Local and Federally recognized Indian Tribal
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Governments".
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5.
The City shall be responsible for publishing Bid Advertisements, Requests for
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Proposals, and the like, for CDBG and HOME assisted activities where the City
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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
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party to the construction contract, the City shall provide the County a copy of the
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Contract, Bid Advertisement, Notice of Award, Notice to Proceed, Certificate of
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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
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contracts and agreements executed by the City.
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8.
The City, in conjunction with the County, shall be responsible for conducting a
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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 assistedconstructionprojects 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.
17 13. The City shall maintain accounts and records, including furnishings and personal
18 property records in accordance with OMB Circular A-21, A-87, or A-122 as
19 applicable, and financial records adequate to identify and account for all costs
20 pertaining to this Cooperation Agreement and such other records as may be
21 requested by the County to assure proper accounting for all funds, both public and
22 private. Said records shall be made available for audit purposes to the County, the
23 U.S. Department of Housing and Urban Development or any authorized
24 representative, and shall be retained unless permission to destroy them is granted
25 by the County. The City's records and accounts shall at all times meet or exceed
26 the applicable requirements of Federal, State and County law, rules and
27 regulations. Further, the City shall submit detailed reports on the progress made
28 and services provided during the course of this project. At a minimum, these
29 reports shall be submitted on a monthly basis, and shall include the same
30 information indicated in the "Monthly and Year End Performance Report"
31 attached hereto.
32 14. The City shall provide the County an audited report detailing the City's receipt
33 and expenditure of County CDBG and HOME funds. This report shall be due by
34 a date(s) to be mutually established between the City and County.
35 15, The City shall cooperate with the County in correcting or addressing any findings
36 or deficiencies noted by HUD with respect to the County's performance under the
37 CDBG and HOME program. Further, the City shall immediately correct or
38 remedy any and all findings or deficiencies noted in the City's performance under
39 the program, or in the City's use of the CDBG and HOME funds.
40 16. The City shall ensure that all printed material describing a CDBG or HOME
41 project or project financed in whole or in part with CDBG or HOME funds
42 gives recognition to the County and HUD.
43 17. The City shall participate in the County's CDBG and HOME programs and agree
44 to cooperate to undertake, or assist in undertaking, community development, and
45 housing activities in accordance with this Cooperation Agreement and all
46 applicable rules and regulations under the CDBG and HOME programs, and not
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apply for grants under the Small Cities or State CDBG Programs. The City cannot
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form a consortium with other local governments from appropriations for fiscal
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years during the period in which it is participating in the Urban County's CDBG
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and HOME programs.
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C)
JOINT COUNTY AND THE CITY RESPONSIBILITIES:
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1.
It is the policy of Fulton County Government, its agencies, departments, and
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agents to comply with the Georgia Security and Immigration Compliance Act
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(GSICA), as amended from time to time. The Illegal Immigration and Reform
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Enforcement Act of 2011: requires Fulton County to require at a minimum,
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subcontractors and sub -subcontractors to submit their E -Verify affidavits to the
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contractors working on public projects. The contractor then must forward
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affidavits to the local government within five (5) days of receipt. The contractors
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shall submit forms indicated as "Affidavit Verifying Status of Benefit Applicant,
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City's Affidavit, Contractor's Affidavit and Subcontractor's Affidavit" attached
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hereto.
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2.
The County and the City shall use these funds [and any program income derived
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from these expenditures of CDBG and HOME funds], to address certain needs of
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predominantly low and moderate income persons to be made available during the
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period beginning with Federal Fiscal Year 2018 and continuing in place and in
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full effect until funds are expended and the funded activities completed. The
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agreement remains in effect during the three-year qualification period, and any
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successive qualification periods under agreements are expended and the funded
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activities completed, and the County and City cannot terminate or withdraw form
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the agreement while it remains in effect.
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3.
The County and the City shall execute this Cooperation Agreement at the end of
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each three-year qualification period and agree to adopt any amendment to the
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agreement incorporating changes necessary to meet the requirements for
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cooperation agreements set forth in an Urban County Qualification Notice
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applicable for a subsequent three-year urban county qualification period, and to
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submit such amendment to HUD as provided in the urban county qualification
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notice, and that such failure to comply will void the automatic renewal of such
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qualification period.
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4.
The City shall take affirmative steps to assure that small and minority businesses
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are utilized when possible as sources of supplies, equipment, construction and
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services, consistent with those steps described in the "Common Rule," 24 CFR,
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85.36(e) (1-2).
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40 V.
OTHER ADMINISTRATIVE PROVISIONS
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a)
The County, at its sole option, may utilize its CDBG Letter of Credit established
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with the U.S. Treasury for the purpose of providing interim financing for
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economic development related projects. Such use shall be based on guidelines
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and procedures established by the County. Further, the City may also utilize this
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interim financing capability upon approval of the County.
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2 VI. FAILURE TO CARRY OUT ACTIVITIES IN A TIMELY MANNER
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4 The City agrees to carry out its approved CDBG and HOME activities in a timely
5 manner. "Timely manner" shall mean:
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7 (1) that all or part of the funds for an activity, to include planning and/or design if
8 applicable, are committed to a binding contract or agreement within twelve (12)
9 calendar months from the start of the program year in which the funds are
10 awarded; and
11 (2) that the City will make reasonable progress in completing this activity. The
12 definition of "reasonable progress" will differ from activity to activity, depending
13 on the size, scope, and complexity of the activity. However, reasonable progress
14 shall generally mean completion of the activity within fourteen (14) calendar
15 months from the start of the program year in which the funds are awarded.
16 Exceptions to this 14 -month completion requirement shall, at the County's option,
17 be granted on a case-by-case basis..
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19 Failure by the City to carry out an activity in a timely manner shall mean that the County,
20 at its option, shall recapture all unspent funds designated for an activity and/or deny
21 additional annual funding. If the City wants to appeal for an extension, the City must
22 notify the County in writing six (6) months before the fourteen (14) months funding
23 period ends. The County has the option to approve or disapprove the extension. Funds
24 recaptured or withheld by the County will not be returned or reallocated to the City. Said
25 funds will be allocated to other Fulton County projects that will ensure that the County
26 expenditure rate is consistent with HUD requirements in (24 CFR 570.902).
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28 VII. TERMINATION OF CONTRACT FOR CAUSE
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30 If, through any cause, the City shall fail to fulfill in timely and proper manner its
31 obligations under this Cooperation Agreement, or in the event that any of the provisions
32 or stipulations of this Cooperation Agreement are violated by the City, the County shall
33 thereupon have the right to suspend or tenninate this Cooperation Agreement by giving
34 written notice to the City of its intent to terminate or suspend the Cooperation
35 Agreement, specifying the reasons for such intention to terminate or suspend the
36 Cooperation Agreement. Unless within ten (10) days after serving of such notice (by
37 hand delivery or posting in the U. S. Mail) upon the City such violation or delay shall
38 cease or arrangements for correction satisfactory to the County be made, the Cooperation
39 Agreement shall, upon expiration of said ten (10) days, be suspended or terminated
40 without further notice. Upon such suspension or termination, the City will be
41 compensated by the County for expenses deemed by the County to be due and
42 reasonable.
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44 VIII. TERMINATION FOR CONVENIENCE OF THE COUNTY
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46 Should the U. S. Department of Housing and Urban Development institute corrective
ilA
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.
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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 tennination 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 XL 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 Lockwood, Mayor
City of Milton
Date: i -L 'zd1 q -
ATTEST:
(5
Steven Krokoff, City Manager
City of Milton
Approved As To Form:
L ---
Ken jarraW, C ifX Attorney
City of Milton_
14
FULTON COUNTY
Frankie L. Atwater, Sr.
Director, Department of Housing and
Community Development
Date:
John H. Eaves, Chair
Fulton County Board of
Commissioners
Date:
ATTEST:
Tonya Grier, Interim Clerk to the
Commission
Fulton County Board of
Commissioners
Approved As To Form:
Office of the County Attorney
1 FAIL HOUSING CERTIFICATION
2
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.
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1' Z 1L
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
16
Office of the County Attorney
I 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 &i 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
35
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.
43
44 DE 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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SO RESOLVED, this day of 2017.
[U3
John H. Eaves, Chair
Fulton County Board of Commissioners
ATTEST:
Tonya Grier, Interim Clerk to the
Commission
Date
APPROVED AS TO FORM:
Office of the County Attorney