HomeMy WebLinkAboutAgenda Packet CC - 08/02/2017 - Special Called Meeting
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
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678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Wednesday, August 2, 2017 Special Called Council Meeting 9:00 AM
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 17-197)
4) PUBLIC COMMENT
MILTON CITY COUNCIL SPECIAL CALLED COUNCIL MEETING AUGUST 2, 2017
Page 2 of 2
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678.242.2500.
5) NEW BUSINESS
1. Consideration of a Resolution and Associated Cooperation Agreement
for Milton to be Included as Part of Fulton County’s Community
Development Block Grant Program for Fiscal Years 2018, 2019 and 2020
with Authority for the Mayor to Sign All Documents.
(Agenda Item No. 17-198)
(Ken Jarrard, City Attorney)
6) ADJOURNMENT
(Agenda Item No. 17-199)
MILToNlp
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: st 1, 2017
FROM: Steven Krokoff, City Mana r
AGENDA ITEM: Consideration of a Resolution and Associated Cooperation
Agreement for Milton to be Included as Part of Fulton
County's Community Development Block Grant Program for
Fiscal Years 2018, 2019 and 2020 with Authority for the Mayor
to Sign All Documents.
MEETING DATE: Wednesday, August 2, 2017 Special Called City Council
Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,�-fES () NO
CITY ATTORNEY REVIEW REQUIRED: („ j'S'ES () NO
APPROVAL BY CITY ATTORNEY: (q, -APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0 062-%201
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Steve Krokoff, City Manager
Date: Submitted on July 31, 2017 for the August 7, 2017
Regular City Council Meeting
Agenda Item: Consideration of a Resolution to Approve the FY2018-2020
Cooperation Agreement Between the City of Milton, Georgia and
Fulton County, Georgia to Participate in the County’s Community
Development Block Grant (CDBG) Program for the Federal Fiscal Years
2018, 2019, and 2020
______________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary:
To participate in the Fulton County CDBG program, Milton must submit an approved
Resolution and an executed Cooperation Agreement to be presented to Fulton County’s
Board of Commissioners with a Resolution to approve on August 16, 2017.
Below are Milton’s intended uses of its allocated CDBG funds:
Fire Department: By partnering with local medical providers, we will build a relationship
with residents who need advanced levels of care (post-hospital follow-ups, basic EMS
support, creative medical problem solving, and chronic EMS user intervention). We will
also offer home safety evaluations, smoke alarm program, fire prevention, and safety
education in the home.
Parks & Recreation Department: Expand Camp Joyful Souls and offer scholarship for LMI
families to participate in this and other programming offered by the City.
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis, August 2, 2017
Attachment(s):
Cooperation Agreement
Resolution
STATE OF GEORGIA RESOLUTION NO. 17-08-439
COUNTY OF FULTON
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 2nd day of August, 2017.
Date:
Mayor
City of Milton
ATTEST:
Date:
City Attorney
1
FULTON COUNTY 1
COMMUNITY DEVELOPMENT BLOCK GRANT; 2
EMERGENCY SOLUTIONS GRANTS AND HOME PROGRAMS 3
COOPERATION AGREEMENT 4
[AUTHORITY: CPD NOTICE-14-07 04/25/2014] 5
(Federal FYs2018 - 2020) 6
7
STATE OF GEORGIA 8
COUNTY OF FULTON 9
10
This Cooperation Agreement (“Cooperation Agreement”), made this day of 11
2017, by Fulton County, a political subdivision of the State of Georgia (hereinafter referred to as 12
15
WITNESSETH THAT: 16
17
WHEREAS, it has been determined by the U.S. Department of Housing and Urban 18
powers necessary to undertake essential community development and housing assistance 20
activities in the unincorporated areas of the County and incorporated municipalities through its 21
Cooperation Agreement with the City; and 22
23
WHEREAS, HUD has determined that the County is eligible, as an "Urban County", to 24
receive Entitlement Community Development Block Grant (CDBG) funds under Title I of the 25
Housing and Community Development Act of 1974, as amended the HOME Investment 26
Partnerships Program funds, and the Emergency Solutions Grant (ESG); and 27
28
WHEREAS, these funds [and any program income derived from these expenditures of 29
CDBG, HOME and ESG funds] will be used to address certain needs of predominantly low and 30
moderate income persons to be made available for Federal Fiscal Years 2018, 2019, and 2020, 31
and annually thereafter unless otherwise terminated in writing by the County or the City; and 32
33
WHEREAS, the County and the City agree to execute this Cooperation Agreement 34
with the understanding that this decision is binding for a period of three-years and will 35
automatically be renewed for participation in successive three-year qualification periods unless 36
otherwise terminated in writing by either party upon the expenditure of Community 37
Development Block Grant and HOME Investment Partnerships Program funds granted by the 38
County to the City; and Emergency Solutions Grant (ESG); and 39
40
WHEREAS, neither party shall terminate or withdraw from this Cooperation Agreement 41
after the date specified in HUD’s urban county qualification notice for the next qualification 42
period, the County will notify the City in writing of its right to terminate or withdraw from this 43
Cooperation Agreement; and 44
45
WHEREAS, the County and the City agree to adopt any amendment to the Cooperation 46
13 "the County"), acting by and through its duly elected Board of Commissioners, and the City of Milton,
19 Development (hereinafter referred to as “HUD”) that Fulton County, Georgia possesses the
14 Georgia, a political subdivision of the State of Georgia (hereinafter referred to as "the City").
2
Agreement incorporating changes necessary to meet the requirements for cooperation 1
agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-2
year urban county qualification period and annually thereafter, and to submit such amendment to 3
HUD as provided in the urban county qualification notice, unless changes in the Cooperation 4
Agreement required by HUD would necessitate the execution of a new cooperation agreement, 5
and/or unless the participating municipality elects to be excluded from the cooperation 6
agreement at the beginning of each three year cycle and [as further described in this Cooperation 7
Agreement], beginning with FY 2018; and that such failure to comply will void the automatic 8
renewal for such qualification period; and 9
10
WHEREAS, in order for the County to undertake such activities in the incorporated 11
jurisdictions in the County, the consent of the governing body of the local jurisdiction must be 12
secured and a cooperation agreement executed between the County and the local jurisdiction; 13
and 14
15
WHEREAS, it is necessary that the County enters into a three (3) year cooperation 16
agreement with each local jurisdiction in the County (except for the Cities of Atlanta, Johns 17
Creek, Roswell, and Sandy Springs) for participation in the Community Development Block 18
Grant (CDBG) program, HOME Investment Partnerships Program; and the Emergency Solutions 19
Grant (ESG); and 20
21
WHEREAS, the City elects to participate in the County's CDBG, HOME and ESG 22
programs the County and the City agree to cooperate to undertake, or assist in undertaking, 23
community development and housing activities in accordance with this Cooperation Agreement 24
and applicable rules and regulations under the CDBG, HOME and ESG programs, and further 25
agrees to not apply for grants under the Small Cities or State CDBG Programs and to not form a 26
consortium with other local governments from appropriations for fiscal years during the period 27
in which it is participating in the urban county's CDBG, HOME and ESG programs. 28
29
NOW THEREFORE, in consideration of the mutual covenants contained herein, the 30
parties hereby agree as follows: 31
32
1. That the County has the authority to carry out activities, from the annual 33
appropriations of Federal Community Development Block Grant funds and from 34
any program income, generated from the expenditures of such funds. 35
2. Pursuant to 24 CFR Part 570.501(b) the City is subject to the same requirements 36
applicable to subrecipients, including the requirement of a written cooperation 37
agreement set forth in 24 CFR 570.503. 38
3. That the City hereby elects to participate in the County's CDBG, HOME and ESG 39
Programs with the understanding that this decision is binding for a period of three 40
(3) years and annually thereafter and remains in effect until all funded activities 41
are completed and all program income received (with respect to activities carried 42
out during the three-year qualification period, and any successive qualification 43
periods) are expended, and that the County and the City cannot terminate or 44
withdraw from the Cooperation Agreement while it remains in effect. 45
4. That the aggregate use of the CDBG, HOME and ESG funds received by the City 46
3
annually, shall principally benefit persons of low- and moderate- income in a 1
manner that ensures that not less than seventy (70%) of such funds are used for 2
activities that benefit such persons during such period. Further, as part of each 3
annual proposal submitted by the City to the County for the use of the CDBG, 4
HOME and ESG funds for that year, the City shall indicate how and when the 5
City proposes to achieve this 70% objective. 6
5. That the aggregate use of funds for the benefit of low- and moderate-income 7
persons shall also apply to the County in its use of CDBG, HOME and ESG funds 8
for unincorporated Fulton County. 9
6. That the County and the City agree to cooperate to undertake, or assist in 10
undertaking community renewal, and lower income housing assistance activities. 11
7. That the County and the City have adopted and are enforcing: 12
(1) A policy prohibiting the use of excessive force by law enforcement 13
agencies within its jurisdiction against any individuals engaged in non-14
violent civil rights demonstrations; and 15
(2) A policy of enforcing applicable State and local laws against physically 16
barring entrance to or exit from a facility or location which is the subject 17
of such non-violent civil rights demonstrations within its jurisdiction. 18
8. That the grant will be conducted and administered in conformity with the Civil 19
Rights Act of 1964 and the Fair Housing Act, and the City will affirmatively 20
further fair housing. 21
9. That City may not sell, trade, or otherwise transfer all or any portion of such 22
funds to a metropolitan city, urban county, unit of general local government, or 23
Indian tribe, or insular area that directly or indirectly receives CDBG funds in 24
exchange for any other funds, credits or non-Federal considerations, but must use 25
such funds for activities eligible under Title I of the Housing and Community 26
Development Act of 1974, as amended. 27
10. The City agrees that, as determined by the County, to carry out a community 28
development program and the approved Consolidated Plan and/or meet other 29
requirements of the CDBG, and where applicable, HOME and ESG program, and 30
other applicable laws. 31
32
33
BE IT FURTHER AGREED, as follows: 34
35
§570.602 SECTION 109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 36
1974 (AS AMENDED: 42 U.S.C. 5301) 37
38
That the County and the City shall take all actions necessary to assure compliance with 39
SECTION 104(b) of THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 40
1974 (AS AMENDED: 42 U.S.C. 5301), as well as Title VI of the CIVIL RIGHTS ACT 41
of 1964, the FAIR HOUSING ACT, SECTION 109 OF TITLE I of the HOUSING AND 42
COMMUNITY DEVELOPMENT ACT OF 1974, and other applicable laws. The 43
County shall prohibit funding to the City for activities, if the City does not affirmatively 44
further fair housing within the City’s jurisdiction or if the City impedes the County’s 45
actions to comply with the County’s fair housing certification. The City and the County 46
4
provide that no persons in the United States shall, on the ground of race, color, religion, 1
sex, or national origin, be excluded from participation in, be denied the benefit of, or be 2
subjected to discrimination under this Cooperation Agreement. 3
4
§570.603 LABOR STANDARDS 5
6
That the County and the City shall take all actions necessary to assure compliance with 7
the Labor Standards set forth in Section 110 of the Act, as well as those standards 8
imposed by or pursuant to the Davis-Bacon and Contract Work Hours and Safety 9
Standards Acts. 10
11
§570.604 ENVIRONMENTAL STANDARDS 12
13
That the County shall take all actions necessary to assure compliance with the National 14
Environmental Policy Act of 1969 and other provisions of law, which further the purpose 15
of such Act. 16
17
§570.605 NATIONAL FLOOD INSURANCE PROGRAM 18
19
That the County and the City shall take all actions necessary to assure compliance with 20
Section 202(a) of the Flood Disaster Protection Act of 1973. 21
22
§570.606 RELOCATION, DISPLACEMENT, AND ACQUISITION 23
24
That the County and the City shall take all actions necessary to assure compliance with 25
the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 26
1970, and other provisions of law, which further the purpose of such Act. 27
28
§507.607 EMPLOYMENT AND CONTRACTING OPPORTUNITIES 29
30
That, during its performance under this Cooperation Agreement, the City shall take all 31
actions necessary to assure compliance with Executive Order 11246, which provides that 32
no person shall be discriminated against on the basis of race, color, religion, sex, or 33
national origin in all phases of employment during the performance of Federal or 34
federally assisted construction contracts. 35
36
§570.608 LEAD-BASED PAINT 37
38
That, during its performance under this Cooperation Agreement, the City shall take all 39
necessary actions to assure compliance with Section 401(b) of the Lead-Based Paint 40
Poisoning Prevention Act. 41
42
§570.609 DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR 43
SUBCONTRACTORS 44
45
That, during its performance under this Cooperation Agreement, the City shall take all 46
5
actions necessary to assure that under this part, the City will not employ, award contracts 1
to, or otherwise engage the services of, or fund any contractor or subcontractor during 2
any period of debarment, suspension, or placement in ineligibility status under the 3
provisions of 24 CFR Part 5. 4
5
§570.610 UNIFORM ADMINISTRATIVE REQUIREMENTS 6
7
That, during its performance under this Cooperation Agreement, the City shall comply 8
with the requirements and standards of the Office of Management and Budget (OMB) 9
Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," 10
Circular A-128, “Audits of State and Local Governments”, and applicable sections of 24 11
CFR part 85 “Uniform Administrative Requirements for Grants and Cooperation 12
Agreements to State and Local Governments" and related provisions specified under 24 13
CFR 570.502 (a). 14
15
§570.611 CONFLICT OF INTEREST 16
17
That, during its performance under this Cooperation Agreement, the City shall take all 18
necessary actions to comply with the conflict of interest provisions in 24 CFR 85.36 and 19
OMB Circular A-110. 20
21
§570.612 EXECUTIVE ORDER 12372 22
23
That, during its performance under this Cooperation Agreement, the County, and the City 24
shall take all necessary actions to comply with Intergovernmental Review of Federal 25
Programs. 26
27
§570.613 ELIGIBILITY FOR CERTAIN RESIDENT ALIENS 28
29
That, during its performance under this Cooperation Agreement, the City shall take all 30
necessary actions to comply with restrictions applicable to legalized aliens as described in 31
24 CFR part 49. 32
33
HB 87 ILLEGAL IMMIGRATION REFORM 34
35
Among other measures, the Illegal Immigration and Reform Enforcement Act of 2011: 36
37
- Requires subcontractors and sub-subcontractors to submit their E-Verify affidavits to 38
the contractors working on public projects. The contractor then must forward affidavits 39
to the local government within five (5) days of receipt. 40
41
- Requires local governments to submit E-Verify compliance reports to the state auditor 42
annually by December 31. If the auditor finds a violation in this reporting, the county or 43
city has 30 days to demonstrate compliance or will lose their qualified local government 44
status. Local governments in disagreement may seek relief through the Office of State 45
6
Administrative hearings. Counties will not be held responsible for the failure of 1
Constitutional Officers failing to abide by this requirement. 2
3
- Creates an offense of aggravated identify fraud for those knowingly using fake 4
identification to obtain employment with the punishment being from 1-15 years in prison 5
and a fine of up to $250,000. 6
7
- Authorizes law enforcement officers to verify, through one of several listed documents 8
or immigration verification programs, the immigration status of those they have probable 9
cause to suspect of committing a criminal offense. If the person is found to be an illegal 10
immigrant, the officer may take any action authorized by state or federal law, and has 11
immunity from damages or liability in the process. 12
13
- Allows, local law enforcement agencies to arrest any person for a violation of federal 14
immigration law when authorized by federal law. 15
16
- Requires private businesses with more than 10 employees to sign an affidavit and attest 17
they are registered to use E-Verify in order to obtain or renew a local business license, 18
occupation tax certificate or other document required to operate a business. Counties and 19
cities must file a report annually, to the Department of Audits, which identifies each 20
license or certificate they issued during the year - to include the name of the person and 21
business and their E-Verify number. Any person, including county employees, who 22
knowingly violate this reporting requirement, shall be guilty of a misdemeanor. 23
24
− Requires any applicant who applies for a public benefit (or who must provide 25
identification for any official purpose) to provide secure and verifiable documents to the 26
county to prove their legal status. Local government employees in willful violation are 27
guilty of a misdemeanor. Each year the Attorney General will provide a list of "secure 28
and verifiable" documents. 29
30
- Creates the Immigration Enforcement Review Board, attached to the Department of 31
Audits, which will take complaints, investigate and enforce the provisions of this Act. 32
33
§570.902 TIMELY CDBG PROGRAM EXPENDITURES 34
35
That the County shall take all actions necessary to assure compliance with timely 36
program expenditures to keep the County’s CDBG entitlement balance below the 1.5 37
ratio. 38
39
40
§91.505 AMENDMENTS TO THE CONSOLIDATED PLAN 41
42
That the County and the City will take all necessary actions to assure compliance with all 43
requirements of 24 CFR part 91.105 Citizen Participation Plan; Local Governments. The 44
County’s criteria, which is used to determine a substantial amendment in accordance with 45
the County’s citizen participation plan, is any change in the project funding amount that 46
7
either increases or decreases the project funding amount by sixty percent (60%) or more. 1
2
BE IT FURTHER AGREED, as follows: 3
4
I. ALLOCATION OF FUNDS 5
6
The annual CDBG, ESG and Home programs for the County will be developed based on 7
the amount of CDBG and HOME funds awarded to the County by HUD. A maximum of 8
forty- five percent (45%) or a minimum of twenty-five (25%) may be allocated to the 9
participating jurisdictions and the balance to Fulton County, based on the percentage of 10
low to moderate income levels, using the most current U.S. census data or other mutually 11
accepted data. The allocation of the annual HOME funds will be allocated for Housing 12
Development (Rehabilitation, Acquisition, Construction, and Rental Assistance). 13
14
II. PROGRAM INCOME REQUIREMENTS 15
16
a) That, the City must inform the County of any income generated by the City by the 17
expenditure of CDBG and HOME funds, by providing the County information on 18
the amount of the program income, how it was generated, and the City's proposed 19
use of the income; and 20
b) That, any such program income generated by the City may be retained by the City 21
subject to requirements set forth in this Cooperation Agreement, provided 22
however, that the City uses the income for an approved activity or an activity that 23
has been created by program amendment; and 24
c) That, any program income retained by the City may only be used for eligible 25
activities in accordance with all applicable CDBG and HOME requirements as 26
may apply; and 27
d) That, the County has the responsibility for monitoring and reporting to HUD on 28
the use of any such program income, and as such, the City must maintain 29
appropriate records for reporting purposes and provide said reports to the County 30
at the County’s request; and 31
e) That, in the event of close-out or change in status of the City's participation in the 32
CDBG and HOME programs, any program income that is on hand or received 33
subsequent to the close-out or change in status shall be paid to the County. 34
35
III. REAL PROPERTY ACQUISITION OR IMPROVEMENTS 36
37
a) That, the City shall, in a timely fashion, notify the County of any modification or 38
change in the use of real property from that planned at the time of acquisition or 39
improvement including disposition; and 40
b) That, the City shall reimburse the County in an amount equal to the current fair 41
market value (less any portion thereof attributable to expenditures of non-CDBG 42
and HOME funds) of property acquired or improved with CDBG and HOME 43
funds that is sold or transferred for a use which does not qualify under the CDBG 44
and HOME regulations; and 45
c) That, the City shall transfer to the County any program income generated from the 46
8
disposition or transfer of property prior to or subsequent to the close-out, change 1
of status or termination of this Cooperation Agreement. 2
3
IV. ADMINISTRATIVE RESPONSIBILITIES 4
5
A) RESPONSIBILITIES OF THE COUNTY: 6
7
1. The County shall be responsible for the preparation and submission of the annual 8
CDBG Consolidated Plan to HUD. 9
2. The County shall have final responsibility for the selection of projects and 10
activities that become part of the annual Consolidated Plan; provided, however, 11
that the County shall not include in its Consolidated Plan any community 12
development or housing activity within the City which is not mutually acceptable 13
to both the City and the County, except in instances involving private property, 14
provided however, that the activity is consistent with the City's existing plans and 15
ordinances. 16
3. The County shall request proposals from the City regarding the City's proposed 17
use of the CDBG, HOME and ESG funds as part of each annual preparation and 18
submission of the Consolidated Plan. 19
4. The County shall provide the City a copy of each annual Consolidated Plan 20
submitted to HUD. 21
5. The County shall be responsible for fulfilling the requirements of Executive Order 22
12372 Intergovernmental Review Procedures as part of the preparation and 23
submission of the Consolidated Plan. 24
6. The County shall be responsible for fulfilling the CDBG, HOME and ESG citizen 25
participation requirements as part of the annual preparation and submission of the 26
CDBG Consolidated Plan, to include the requirement that at least one public 27
hearing be conducted prior to submission of the Consolidated Plan to HUD, and 28
the publishing of the Consolidated Plan. 29
7. The County shall be responsible for amending the Consolidated Plan and 30
transmitting such amendment to HUD. 31
8. The County shall be responsible for conducting on-site monitoring visits and 32
performance reviews of the City's use of the CDBG and HOME funds. This 33
monitoring and review shall include the City's management systems and 34
procedures as they relate to the administration of CDBG and HOME assisted 35
projects and activities. 36
9. The County shall be responsible for environmental review and clearance for all 37
CDBG, HOME and ESG assisted activities. 38
10. The County shall be responsible for generating a Wage Determination for all 39
CDBG and HOME assisted construction projects. The County shall ensure that 40
the City receives a copy of the Wage Determination. 41
11. The County shall receive a copy of all CDBG and HOME assisted contracts and 42
agreements proposed by the City prior to the City's award of such contracts or 43
agreements. 44
12. The County shall provide technical assistance to the City in the form of oral 45
and/or written guidance and on-site visits regarding CDBG and HOME program 46
9
requirements and procedures. This technical assistance may include preparation 1
of contract documents for the City, and contracting for the City, and management 2
of the City's projects and activities, or other administrative requirements as 3
provided herein, provided however, that the City shall request in writing this 4
particular assistance from the County, and that any costs resulting from this 5
assistance be chargeable to the City's share of the County's CDBG and HOME 6
funds. 7
13. The County shall have the authority to review all written procedures and all 8
materials, notices, documents, etc., prepared by the City as part of the City's 9
administration of CDBG and HOME assisted activities and use of funds. 10
11
B) RESPONSIBILITIES OF THE CITY: 12
13
1. The City shall be responsible for submitting proposals to the County for the use of 14
CDBG and HOME programs funds. Proposals shall be submitted on forms 15
established by the County, and shall be submitted within the time limit established 16
by the County. As part of this annual submission, the City shall indicate how and 17
when it proposes to achieve the 70% objective for benefit to low- and moderate-18
income persons as provided in number 4 of page 2 herein. 19
2. The City shall not incur any cost related to a CDBG and HOME assisted activity 20
until such time that the environmental assessment of the activity is completed. 21
Any cost incurred by the City in violation of the CDBG and HOME implementing 22
regulations pertaining to the National Environmental Protection Act (NEPA) shall 23
become the responsibility of the City through resources other than CDBG and 24
HOME funds. 25
3. The City shall be responsible for publishing a notice in a local community 26
newspaper, of the City's proposed use of the CDBG and HOME funds allocated to 27
it by the County for each annual program as part of the County's preparation of 28
the annual Consolidated Plan. The City shall provide the County a copy of said 29
notice. 30
4. The City shall be responsible for procurement of all supplies, equipment, services, 31
and construction necessary for implementation of its CDBG and HOME assisted 32
project(s). Procurement shall be carried out by the City in accordance with the 33
"Common Rule" 24 CFR Part 84, "Administrative Requirements for Grants and 34
Cooperation Agreements to State, Local and Federally recognized Indian Tribal 35
Governments”. 36
5. The City shall be responsible for publishing Bid Advertisements, Requests for 37
Proposals, and the like, for CDBG and HOME assisted activities where the City 38
proposes to be a party to the contract for the solicited services. 39
6. For each CDBG and HOME assisted construction project in which the City is 40
party to the construction contract, the City shall provide the County a copy of the 41
Contract, Bid Advertisement, Notice of Award, Notice to Proceed, Certificate of 42
Final Inspection of acceptance of work, and all change orders. 43
7. The City shall provide the County a copy of all CDBG and HOME assisted 44
contracts and agreements executed by the City. 45
8. The City, in conjunction with the County, shall be responsible for conducting a 46
10
preconstruction conference for all CDBG and HOME assisted constructed 1
projects where the City is party to the construction contract. 2
9. Prior to the City's award of a CDBG and HOME assisted contract or agreement, 3
the City must verify the proposed contractor's and sub-contractor's eligibility from 4
the GSA List of Parties Excluded from Federal Procurement and Non-5
procurement Programs. 6
10. The City shall be responsible for conducting employee interviews, and securing 7
and examining payrolls for all CDBG and HOME assisted City construction 8
projects and shall forward all original documents to the County. 9
11. The City may undertake CDBG and HOME assisted construction projects using 10
municipal labor and equipment ("force account"). The City's CDBG and HOME 11
allocation for the project concerning labor and equipment are eligible for such 12
costs. 13
12. The City shall provide its citizens with reasonable access to records regarding the 14
past use of CDBG and HOME funds, consistent with applicable State and local 15
laws regarding personal privacy and obligations of confidentiality. 16
13. The City shall maintain accounts and records, including furnishings and personal 17
property records in accordance with OMB Circular A-21, A-87, or A-122 as 18
applicable, and financial records adequate to identify and account for all costs 19
pertaining to this Cooperation Agreement and such other records as may be 20
requested by the County to assure proper accounting for all funds, both public and 21
private. Said records shall be made available for audit purposes to the County, the 22
U.S. Department of Housing and Urban Development or any authorized 23
representative, and shall be retained unless permission to destroy them is granted 24
by the County. The City’s records and accounts shall at all times meet or exceed 25
the applicable requirements of Federal, State and County law, rules and 26
regulations. Further, the City shall submit detailed reports on the progress made 27
and services provided during the course of this project. At a minimum, these 28
reports shall be submitted on a monthly basis, and shall include the same 29
information indicated in the "Monthly and Year End Performance Report" 30
attached hereto. 31
14. The City shall provide the County an audited report detailing the City's receipt 32
and expenditure of County CDBG and HOME funds. This report shall be due by 33
a date(s) to be mutually established between the City and County. 34
15. The City shall cooperate with the County in correcting or addressing any findings 35
or deficiencies noted by HUD with respect to the County's performance under the 36
CDBG and HOME program. Further, the City shall immediately correct or 37
remedy any and all findings or deficiencies noted in the City's performance under 38
the program, or in the City's use of the CDBG and HOME funds. 39
16. The City shall ensure that all printed material describing a CDBG or HOME 40
project or project financed in whole or in part with CDBG or HOME funds 41
gives recognition to the County and HUD. 42
17. The City shall participate in the County’s CDBG and HOME programs and agree 43
to cooperate to undertake, or assist in undertaking, community development, and 44
housing activities in accordance with this Cooperation Agreement and all 45
applicable rules and regulations under the CDBG and HOME programs, and not 46
11
apply for grants under the Small Cities or State CDBG Programs. The City cannot 1
form a consortium with other local governments from appropriations for fiscal 2
years during the period in which it is participating in the Urban County’s CDBG 3
and HOME programs. 4
5
C) JOINT COUNTY AND THE CITY RESPONSIBILITIES: 6
7
1. It is the policy of Fulton County Government, its agencies, departments, and 8
agents to comply with the Georgia Security and Immigration Compliance Act 9
(GSICA), as amended from time to time. The Illegal Immigration and Reform 10
Enforcement Act of 2011: requires Fulton County to require at a minimum, 11
subcontractors and sub-subcontractors to submit their E-Verify affidavits to the 12
contractors working on public projects. The contractor then must forward 13
affidavits to the local government within five (5) days of receipt. The contractors 14
shall submit forms indicated as “Affidavit Verifying Status of Benefit Applicant, 15
City’s Affidavit, Contractor’s Affidavit and Subcontractor’s Affidavit” attached 16
hereto. 17
2. The County and the City shall use these funds [and any program income derived 18
from these expenditures of CDBG and HOME funds], to address certain needs of 19
predominantly low and moderate income persons to be made available during the 20
period beginning with Federal Fiscal Year 2018 and continuing in place and in 21
full effect until funds are expended and the funded activities completed. The 22
agreement remains in effect during the three-year qualification period, and any 23
successive qualification periods under agreements are expended and the funded 24
activities completed, and the County and City cannot terminate or withdraw form 25
the agreement while it remains in effect. 26
3. The County and the City shall execute this Cooperation Agreement at the end of 27
each three-year qualification period and agree to adopt any amendment to the 28
agreement incorporating changes necessary to meet the requirements for 29
cooperation agreements set forth in an Urban County Qualification Notice 30
applicable for a subsequent three-year urban county qualification period, and to 31
submit such amendment to HUD as provided in the urban county qualification 32
notice, and that such failure to comply will void the automatic renewal of such 33
qualification period. 34
4. The City shall take affirmative steps to assure that small and minority businesses 35
are utilized when possible as sources of supplies, equipment, construction and 36
services, consistent with those steps described in the "Common Rule," 24 CFR, 37
85.36(e) (1-2). 38
39
V. OTHER ADMINISTRATIVE PROVISIONS 40
41
a) The County, at its sole option, may utilize its CDBG Letter of Credit established 42
with the U.S. Treasury for the purpose of providing interim financing for 43
economic development related projects. Such use shall be based on guidelines 44
and procedures established by the County. Further, the City may also utilize this 45
interim financing capability upon approval of the County. 46
12
1
VI. FAILURE TO CARRY OUT ACTIVITIES IN A TIMELY MANNER 2
3
The City agrees to carry out its approved CDBG and HOME activities in a timely 4
manner. "Timely manner" shall mean: 5
6
(1) that all or part of the funds for an activity, to include planning and/or design if 7
applicable, are committed to a binding contract or agreement within twelve (12) 8
calendar months from the start of the program year in which the funds are 9
awarded; and 10
(2) that the City will make reasonable progress in completing this activity. The 11
definition of "reasonable progress" will differ from activity to activity, depending 12
on the size, scope, and complexity of the activity. However, reasonable progress 13
shall generally mean completion of the activity within fourteen (14) calendar 14
months from the start of the program year in which the funds are awarded. 15
Exceptions to this 14-month completion requirement shall, at the County's option, 16
be granted on a case-by-case basis. 17
18
Failure by the City to carry out an activity in a timely manner shall mean that the County, 19
at its option, shall recapture all unspent funds designated for an activity and/or deny 20
additional annual funding. If the City wants to appeal for an extension, the City must 21
notify the County in writing six (6) months before the fourteen (14) months funding 22
period ends. The County has the option to approve or disapprove the extension. Funds 23
recaptured or withheld by the County will not be returned or reallocated to the City. Said 24
funds will be allocated to other Fulton County projects that will ensure that the County 25
expenditure rate is consistent with HUD requirements in (24 CFR 570.902). 26
27
VII. TERMINATION OF CONTRACT FOR CAUSE 28
29
If, through any cause, the City shall fail to fulfill in timely and proper manner its 30
obligations under this Cooperation Agreement, or in the event that any of the provisions 31
or stipulations of this Cooperation Agreement are violated by the City, the County shall 32
thereupon have the right to suspend or terminate this Cooperation Agreement by giving 33
written notice to the City of its intent to terminate or suspend the Cooperation 34
Agreement, specifying the reasons for such intention to terminate or suspend the 35
Cooperation Agreement. Unless within ten (10) days after serving of such notice (by 36
hand delivery or posting in the U. S. Mail) upon the City such violation or delay shall 37
cease or arrangements for correction satisfactory to the County be made, the Cooperation 38
Agreement shall, upon expiration of said ten (10) days, be suspended or terminated 39
without further notice. Upon such suspension or termination, the City will be 40
compensated by the County for expenses deemed by the County to be due and 41
reasonable. 42
43
VIII. TERMINATION FOR CONVENIENCE OF THE COUNTY 44
45
Should the U. S. Department of Housing and Urban Development institute corrective 46
13
and/or remedial actions against the County in accordance with regulations under the 1
CDBG and HOME program where such actions impede or halt the disbursement of 2
Fulton County CDBG and HOME funds under this Cooperation Agreement, the County 3
may terminate this Cooperation Agreement by giving at least fifteen (15) days prior 4
notice in writing (by hand delivery or posting in the U. S. Mail) to the City. 5
6
7
IX. REVERSION OF ASSETS 8
9
(1) Upon expiration or termination of this Cooperation Agreement, the City shall transfer 10
to the County any CDBG and HOME funds on hand at the time of expiration or 11
termination and any accounts receivable, including Program Income receipts, attributable 12
to the use of County CDBG and HOME funds. 13
(2) Should a project financed in whole or in part with CDBG funds fail to meet a CDBG 14
National Objective or CDBG eligibility requirements upon completion, the City must 15
reimburse to the County all CDBG funds received by the City from the Count y that were 16
invested in the project. 17
(3) Further, in the event that the City should sell or otherwise dispose of any property 18
acquired with Fulton County CDBG and HOME funds, the manner of said disposition 19
shall result in the County being reimbursed in an amount of the current fair market value 20
of the property at that time less any portion of the value attributable to expenditures of 21
non-Fulton County CDBG and HOME funds. In the event that such sale or disposition 22
occurs after ten (10) years, such reimbursement shall not be required. 23
24
X. FAILURE TO PERFORM 25
26
The County, at its option, may deny annual funding if the City’s performance during the 27
previous funding year did not meet all of the terms of this Cooperation Agreement and/or 28
any Subrecipient Agreement. 29
30
XI. CORRESPONDENCE AND NOTIFICATION 31
32
All correspondence or notifications by the City to the County regarding the County's 33
CDBG, HOME and ESG program should be directed to Fulton County Housing and 34
Community Development. Any correspondence or notifications by the City to HUD 35
should be directed to the Director, Office of Community Planning and Development, 36
Georgia State Office. 37
38
39
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]40
14
IN WITNESS HEREOF, of the parties hereunto have set their hands and seals. 1
2
FULTON COUNTY 4
5
______________________________ 6
Frankie L. Atwater, Sr. 7
Director, Department of Housing and 8
Community Development 9
10
Date: ________________________ 11
12
13
Commissioners 16
17
18
Date: Date: 19
20
21
ATTEST: ATTEST: 22
23
24
25
26
Fulton County Board of 29
Commissioners 30
31
32
33
Approved As To Form: Approved As To Form: 34
35
36
37
38
41
42
43
44
45
14 Joe Lockwood, Mayor John H. Eaves, Chair
15 City of Milton Fulton County Board of
28 City of Milton Commission
39 Ken Jarrard, City Attorney Office of the County Attorney
3 CITY OF MILTON, GA
27 Steven Krokoff, City Manager Tonya Grier, Interim Clerk to the
40 City of Milton
15
FAIR HOUSING CERTIFICATION 1
2
3
In accordance with Public Law 88-352; Public Law 90-284; Executive Order 11063 and Section 4
109 of the Act, Fulton County, Georgia, and the City certify that: 5
6
No person in the United States shall on the ground of race, color, national origin, or sex, 7
be excluded from participation in, be denied the benefit of, or be subjected to 8
discrimination under, any program or activity funded in whole or part with community 9
development funds made available pursuant to the Act. For purposes of this certification, 10
"program or activity" is defined as any function conducted by; an identifiable 11
administrative unit or the recipient, or by any unit of government, Subrecipient, or private 12
contractor receiving community development funds or loans from the recipient. "Funded 13
in whole or in part with community development funds means that community 14
development funds in any amount in the form of grants or proceeds from HUD 15
guaranteed loans have been transferred by the recipient or a Subrecipient to an 16
identifiable administrative unit and disbursed in a program or activity. 17
18
The grant will be conducted and administered in conformity with the Civil Rights Act of 19
1964 and the Fair Housing Act, and the grantee will affirmatively further fair housing. 20
21
Be it further agreed that this Agreement prohibits urban county funding for activities in or 22
in support of any cooperating unit of general local government that does not 23
affirmatively, further fair housing within its own jurisdiction or that impedes the county's 24
actions to comply with its fair housing certification. 25
16
COUNTY ATTORNEY'S OPINION 1
2
3
It is my opinion, as County Attorney for Fulton County, Georgia, that the terms and provisions 4
of the foregoing Cooperation Agreement for the County's Community Development Block 5
Grant, HOME Investment Partnerships programs, authorized under Title I of the Housing and 6
Community Development Act of 1974, as amended, and the Emergency Solutions Grant are 7
fully authorized under State and local law, and that this Agreement provides full legal authority 8
under existing laws for the County to undertake or assist in undertaking essential community 9
development, housing and homeless assistance activities. 10
11
12
Date: day of , 2017 13
Office of the County Attorney 14
17
A RESOLUTION 1
2
EXPRESSING THE INTENT OF THE BOARD OF COMMISSIONERS 3
OF FULTON COUNTY, GEORGIA TO EXECUTE COOPERATION AGREEMENTS 4
WITH THE CITIES OF 5
ALPHARETTA, CHATTAHOOCHEE HILLS, COLLEGE PARK, EAST POINT, 6
FAIRBURN, HAPEVILLE, MILTON, MOUNTAIN PARK, PALMETTO & UNION CITY 7
FOR CONTINUED PARTICIPATION IN 8
THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG, HOME and 9
ESG) PROGRAMS FOR 10
FISCAL YEARS 2018, 2019, AND 2020 11
12
WHEREAS, Fulton County must enter into Cooperation Agreements with certain units of 13
general local government located in whole or in part within the County in order for such units to be 14
included as part of the County for participation in the Community Development Block Grant 15
(CDBG), HOME Investment Partnerships (HOME) programs, and the Emergency Solutions Grant 16
(ESG) for Federal Fiscal Years 2018, 2019, and 2020 to be automatically renewed thereafter; and 17
18
WHEREAS, the attached Cooperation Agreement (“Agreement”) has been prepared for 19
said purpose; and 20
21
WHEREAS, the Chairman of the Board of Commissioners of Fulton County, Georgia, as 22
the designated Chief Elected Official of Fulton County, shall be authorized to disburse all CDBG, 23
ESG and HOME grant funds in accordance with directives under the CDBG, ESG and HOME 24
programs. 25
26
WHEREAS, evidence authorizing execution of said Agreement must accompany the 27
Cooperation Agreement upon its submission to the U.S. Department of Housing and Urban 28
Development. 29
30
NOW THEREFORE, BE IT RESOLVED, that it is the intent of Fulton County Board of 31
Commissioners, effective January 1, 2018, that no provision of any Fulton County Cooperation 32
Agreement shall be in violation of applicable provisions of the U.S. Department of Housing and 33
Urban Development; and 34
35
BE IT FURTHER RESOLVED, that the Board of Commissioners hereby approves the 36
Cooperation Agreement and authorizes and directs the Clerk to the Commission to transmit an 37
executed copy of this Resolution to each local government of Fulton County. 38
39
BE IT FURTHER RESOLVED, that the Chairman of the Board of Commissioners is 40
hereby authorized to execute said Cooperation Agreement in accordance with directives under the 41
CDBG, ESG and HOME programs. 42
43
BE IT FINALLY RESOLVED, that the County Attorney is hereby authorized to approve 44
and execute said Cooperation Agreement as to form and substance and make any necessary 45
modifications thereto, prior to execution by the Chairman. 46
47
48
18
SO RESOLVED, this day of 2017. 1
2
3
4
John H. Eaves, Chair 5
Fulton County Board of Commissioners 6
7
ATTEST: 8
9
10
Tonya Grier, Interim Clerk to the 11
Commission 12
13
Date: 14
15
APPROVED AS TO FORM: 16
17
18
Office of the County Attorney 19
20
- 19 -
RESOLUTION NO. 1
2
WHEREAS, the City of , Georgia desires to be included as part 3
of the Fulton County's Community Development Block Grant (CDBG, ESG and HOME) 4
programs for Federal Fiscal Years 2018, 2019, and 2020 to be automatically renewed thereafter; 5
and 6
7
WHEREAS, the attached Cooperation Agreement has been prepared for said purposes; 8
and 9
10
WHEREAS, evidence authorizing execution of said Cooperation Agreement must 11
accompany the Cooperation Agreement upon its submission to the U.S. Department of Housing 12
and Urban Development. 13
14
NOW THEREFORE, be it resolved by the Mayor and Council of the City of 15
, Georgia that: 16
17
1. The attached Cooperation Agreement is hereby approved; and 18
2. The Mayor is hereby authorized to execute said Agreement in accordance with 19
directives under the CDBG program. 20
21
SO RESOLVED, this day of , 2017. 22
23
Date: 24
Mayor 25
26
City of , Georgia 27
28
29
ATTEST: 30
31
32
Date: 33
City Attorney 34