Resolution 28-11RECORD OF RESOLUTIONS
Passed 20
Resolution No.
Inc.. Force No. 30005
28-11
A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF DUBLIN AND THE BOARD OF COUNTY COMMISSIONERS,
FRANKLIN COUNTY, OHIO ON BEHALF OF THE CITY OF DUBLIN
IN ORDER TO PARTICIPATE IN THE FRANKLIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
HOME PROGRAM AND ALLOWING THE CITY MANAGER TO
EXTEND THE COOPERATION AGREEMENT UNTIL MARCH 31, 2015
WHEREAS, pursuant to the provisions of the Housing and Community Development Act
of 1974 (Public Law 93 -383, 42 U.S.C. 5301), as amended, Franklin County, Ohio is
recognized by the United States Department of Housing and Urban Development as an
urban county and entitled to Community Development Block Grant Program funds and
HOME funds for urban counties; and
WHEREAS, pursuant to the provision of Section 307.85, Ohio Revised Code, the Board
of County Commissioners, Franklin County, Ohio, is authorized to enter into agreements
with cities and villages in Franklin County, and exercise powers and perform certain
functions or render services on behalf of said cities and villages; and
WHEREAS, the City of Dublin is located within the geographic boundaries of Franklin
County, Ohio; and
WHEREAS, the City of Dublin desires to reaffirm its participation and inclusion of its
population in the Franklin County Community Development Block Grant and HOME
programs and to authorize the cooperation agreement for an additional three years (April
1, 2012 — March 31, 2015).
NOW, TtXEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of
Ohio, 1 ) of the elected members concurring that:
Section 1. The City Manager is hereby authorized and directed on behalf of the City to
enter into an agreement with the Board of County Commissioners, Franklin County, Ohio,
for the period April 1, 2012 through March 31, 2015 for the purpose of cooperating and
participating in the Franklin County Housing and Community Development Act of 1974
(Public Law 93 -383), 42 U.S.C. 5301, as amended, and Section 570.105(b)(3)(iii),
Community Development Block Grant Program Rules and Regulations.
Section 2 . Said agreement for which provisions are made in Section 1 hereof shall
provide that, pursuant to the provisions of Section 307.15, Ohio Revised Code, the Board
of County Commissioners, Franklin County, Ohio shall perform acquisition services for
the City of Dublin leading to purchase or condemnation of land and structures thereon for
property or easements needed in connection with the said Community Block Grant
Program, title to said property and easements to be taken in the name of the City of
Dublin.
Section 3. This Resolution shall take effect upon passage in accordance with Section
4.04(a) of the Revised Charter.
Passed thi day of 2011.
Clerk of Council
Mayor — Pre 1!!i
g Officer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Crfy OF DUBLIN_ Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marshal. Grigsby, City Manager ^" 14 /'x!
Date: June 23, 2011 4
Memo
Re: Resolution 28 -11 —Franklin County Community Development Block Grant
(CDBG) Program
Summary
The Economic Development and Planning Act of 1974 and its Community Development
Block Grant (CDBG) program have been in existence for 38 years. From the outset, the City
of Dublin has continuously participated in the CDBG program.
Resolution 28 -11 reflects the City's continued support and participation in the Franklin
County CDBG and HOME programs and authorizes the City's cooperation agreement for
another three years, ending March 31, 2015.
Recommendation
Staff recommends approval of Resolution 28 -11.
COOPERATION AGREEMENT
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
RENEWAL AND EXTENSION
EXHIBIT "A"
WHEREAS, the agreement, made and concluded at Franklin County, Ohio, this
day of , 2011, by and between the Board of County
Commissioners of Franklin County, Ohio, being duly authorized in the premises by the
provisions of a resolution adopted on , hereinafter referred
to as "Board" and the city /village of (Name), its
(Chief Executive Officer), or
being duly authorized in the premises by the
provisions of resolution /ordinance no. dated
, 2011 hereinafter referred to as "city /village ":
NOW THEREFORE, it is hereby agreed by and between the parties hereto, upon the
considerations herein set forth as follows:
Board and (city /village) will cooperate in the
undertaking or assist in the undertaking of essential community renewal activities
as funded through the Department of Housing & Urban Development (HUD)
Community Development Block Grant and HOME Investment Partnership
programs for the period of April 1, 2012 through March 31, 2015. The parties
further agree not to obstruct or restrict the implementation of the County's
approved Consolidated Plan during the course of this agreement. All of these
aforementioned activities shall be carried out in accordance with CDBG and
HOME program rules and regulations and the applicable provisions of the Ohio
Revised Code, including but not limited to the Community and Economic
Development Act of 1974 (Public Law 93 -383, 42 U.S.C. 5301) as amended, and
Section 570.105 b 3 (iii), Community Development Block Grant Rules and
Regulations.
2. County -wide community development plans and projects, program budgets and
the needs and goals established in the Consolidated Plan and amendments
thereto, shall be binding on said Board and (city /village)
for the Thirty Fifth, Thirty Sixth, and Thirty Seventh program years of the afore
cited HUD entitlement programs, which end March 31, 2012 and for such
additional time as may be required for the expenditure of funds and completion of
funded activities granted to the county and any program income received for
such period.
3. The Agreement gives the Board the authority to carry out the activities funded
from annual Community Development Block and HOME Grants from Federal
Fiscal Years 2012, 2013 and 2014 appropriations, and from any program income
generated from the expenditure of such funds. The
(city /village) must inform the Board of any program income generated through
the expenditure of those funds. Said program income must be returned to the
county. If any program income is authorized to be retained by the
(city /village), it may only be used for eligible activities in
accordance with all CDBG requirements.
That the Board has the responsibility for monitoring and reporting to HUD on the
use of any such program income thereby requires appropriate record keeping
and reporting by the participating unit as may be needed for this purpose; and,
that in the event of close -out or change in status of the participating unit, any
program income that is on hand or received subsequent to the close -out or
change in status shall also be returned to the county.
During the period of qualification no included unit of general local government
may withdraw from the urban county recertification agreement unless the urban
county does not receive a CDBG of HOME grant for any year during such period.
4. The Department of Economic Development and Planning (EDP) is authorized to
act for the Board and is accepted by (city /village) as an
agent of the Board in planning, administering, and overall coordinating the
programs, which are the subject of this agreement.
5. It is accepted by (city /village) that the County's HUD
entitlement program, the programs it chooses to fund and the priorities it chooses
to address reflect the needs of the entire county.
6. The following standards shall apply to real property acquired or improved in
whole or in part using CDBG funds that is within the control of a participating unit
of local government:
The (city /village) will notify the Board as soon as it
knows of any modification or change in the use of the real property from that
planned at the time of acquisition or improvement including disposition;
The (city /village) will be required to reimburse the
Board in the full amount equal to the current fair market value (less any portion
thereof attributable to expenditures of non -CDBG funds) of property acquired or
improved with CDBG funds that is sold or transferred for a use which does not
qualify under the CDBG regulations; and,
Treatment of program income generated from the disposition or transfer of
property prior to or subsequent to the close -out, change of status or termination
of the cooperation agreement between the Board and the participating unit, will
be subject to the provisions of Section 3 of this same Agreement.
The policies /procedures of the Franklin County HUD Entitlement Program will
apply to any projects involving acquisition, whereby EDP will be notified during
the planning and design process of any approved project, where applicable land
acquisitions and other items are subject to the Uniform Relocation and Real
Properties Acquisition Policies Act of 1970.
7. The (city /village) pursuant to 24 CFR 570.501 (b) is subject
to the same requirements applicable to subrecipients, including the requirements
of a written agreement set forth in 24 CFR 570.503.
Section 570.503, Code of Federal Regulations, requires the Board and any
participating unit of local government execute a written agreement prior to the
disbursement of any federal funds. As such, Franklin County has prepared a
Template Funding Agreement, which must be executed.This agreement includes
certain administrative, legal and financial procedures, which define the
responsibilities of the grantor and grantee. The Agreement shall remain in effect
during any period that the subrecipient has control over CDBG funds, including
program income.
At a minimum, this written Funding Agreement shall contain provisions as
prescribed in the Code of Federal Regulations concerning: Statement of Work;
Records and record keeping; Program Income; OMB Circulars; Other program
requirements; except that the County is responsible for initiating the review
process under Executive Order 12372; Suspension and Termination; and
reversion of assets meeting the prescribed criteria; and disposing of assets in a
manner comparable to that described in the aforementioned Code of Federal
Regulations.
8. (city /village) is included in Franklin County for
the purpose of planning and implementing the Franklin County HUD Entitlement
Program. (city /village) shall not apply for separate
grants under the Small Cities or State CDBG Programs from appropriations for
fiscal years during the period in which it is participating in the urban county's
CDBG program; and (city /village) may not participate
in a HOME consortium except through Franklin County, regardless of whether or
not Franklin County receives a HOME formula allocation.
9. No Community Development Block Grant and HOME Investment Partnership
Program funds provided by Franklin County under this Agreement may be used
for activities in or in support of any cooperating unit of general local government
that does not affirmatively further fair housing within its own jurisdiction or that
impedes Franklin County's actions to comply with its fair housing certification.
10. CitiesNillages and counties in Ohio have authority under Section 307.15 of the
Ohio Revised Code to enter into agreements whereby a Board of County
Commissioners undertakes, and is authorized by the contracting subdivision, to
exercise any power, perform any function, or render any service, in behalf of the
city /village, which such city /village may exercise, perform or render; and
11. The city /village and the County each have authority to carry out the kinds of
activities which are the objectives of the Act pursuant to Section 303.26 of the
Ohio Revised Code, et. seq.; and
12. (CityNillage) elects to include the total areas and population of
its corporation in Franklin County for the purpose of planning and implementing
the Franklin County HUD Entitlement program.
of
NOW THEREFORE, the Board, in consideration of the promises and agreements
(city /village) herein set forth, hereby promises and agrees
as follows:
That it or its agent shall prepare the local portion of the County -wide
Consolidated Plan based upon information as to needs, objectives, plans, and
programs supplied by (city /village) or its agent, pursuant
to the applicable rules and regulations governing the Community Development
Block Grant and the HOME Investment Partnership Programs.
2. Board assumes full responsibility and all obligations for preparation of the
application and execution of the program including, but not limited to, the
analysis of needs, setting of objectives, development of plans, programs, and
budgets, and furnishing assurances and certifications. Board is also responsible
for the accomplishment of goals set forth in its Consolidated Plan.
Board shall prepare and submit to the appropriate Federal Agency, the Franklin
County HUD Entitlement program submission, and assume all related
responsibilities as to said submission.
4. Board shall acquire as applicable, by purchase or condemnation, land and
structures thereon for property or easements needed in connection with the
Franklin County HUD Entitlement program, which is the subject of the
agreement, title to said property and easements to be taken in the name of
(city /village). Said acquisition procedures shall
be accomplished in accordance with applicable provisions of the Uniform
Relocation and Real Properties Acquisition Policies Act of 1970 as amended and
the Ohio Revised Code.
WHEREAS, in consideration of the promises and agreements of the Board
herein set forth, the (city /village) hereby promises and agrees as
follows:
That it will promptly submit to the Board its needs, objectives, plans, required
reports and programs for preparation by the Board of the local portion of the
Consolidated Plan.
2. That it will implement plans concerning community development and HOME
activities prepared by the Board, however, the Board shall retain full
responsibility and obligations for preparation and implementation of said plans.
3. That it will take all actions with the Board that are necessary to assure
compliance with the urban county's certification required by Section 104 (b) of
Title I of the Community and Economic Development Act of 1974, as amended,
including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section
109 of Title I of the Community and Economic Development Act of 1974, as
amended; the Americans with Disabilities Act of 1990; and other applicable laws.
4. The city /village of has adopted and is enforcing:
a. 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
b. 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 jurisdictions.
The Board, however, shall retain primary responsibility for implementing
compliance.
IN WITNESS WHEREOF, the parties have hereunto set their hands hereof on the day and year first above
written by the Board of County Commissioners, Franklin County, Ohio being the governing body of the said
County, and by the city /village of by (Name) its
(Chief Executive Officer) per a duly enacted Resolution /Ordinance of the city /village
Council of
BOARD OF COUNTY COMMISSIONERS
Date
MARILY BROWN, PRESIDENT
PAULA BROOKS
JOHN O'GRADY
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
CITY /VILLAGE
Date
CHIEF EXECUTIVE OFFICER
The terms and provisions of this agreement are fully authorized under state and local law, and the
agreement provides full legal authority for the county to undertake or assist in undertaking essential
community development and housing assistance activities.
ASSISTANT PROSECUTING ATTORNEY
FRANKLIN COUNTY
Approved as to form and legality of purpose:
City /Village Counsel
HCD \CDBG \URBAN CO. QUALIFICATIONS \PROS.ATTY
A RESOLUTION REAUTHORIZING AN AGREEMENT BETWEEN (CITY /VILLAGE)
AND THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, OHIO ON BEHALF
OF THE (CITY /VILLAGE) IN ORDER TO PARTICPATE IN THE FRANKLIN
COUNTY, OHIO DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD)
ENTITLEMENT PROGRAM AND ABIDE BY THE COVENANTS OF THAT PROGRAM AS
STATED HEREIN
WHEREAS, pursuant to the provisions of the Housing and Community Development Act
of 1974 (Public Law 93 -383, 42 U.S.C. 5301), as amended, Franklin County, Ohio is recognized
by the United States Department of Housing and Urban Development as an urban county and
entitled to Community Development Block Grant Program funds and HOME funds for urban
counties; and
WHEREAS, pursuant to the provision of Section 307.85, Ohio Revised Code, the Board
of County Commissioners, Franklin County, Ohio, is authorized to enter into agreements with
cities and villages in Franklin County to exercises certain powers and perform certain functions or
renders services on behalf of the said cities and villages.
WHEREAS, (city /village) desires to reaffirm its participation and
inclusion of its population in the Franklin County Community Development Block Grant and
HOME programs and to reauthorize the cooperation agreement for another three years (April 1,
2012 — March 31, 2015).
NOW, THEREFORE, BE IT RESOLVED by the Council of (city /village) state of
Ohio, of the elected members concurring:
Section 1. That the (city /village) is located within the
geographical boundaries of Franklin County, Ohio.
Section 2. That the attached agreement with the Board of County Commissioners,
Franklin County, Ohio, is hereby reauthorized for the period April 1, 2012
through March 31, 2015 for the purpose of cooperating and participating
in the Franklin County HUD Entitlement program per the Housing and
Community Development Act of 1974 (Public Law 93 -383), 42 U.S.C.
5301, as amended, and Section 570.105 b 3 (iii), Community
Development Block Grant Program Rules and Regulations.
Passed this day of
Mayor - Presiding Officer
ATTEST:
I hereby certify that copies of this ordinance /resolution were posted in the .
(city /village) in accordance with Section 731.25 of the Ohio Revised Code.
Clerk of Council
Clerk of Council, hereby certify that the foregoing is a
true copy of resolution /ordinance no. duly adopted by the Council
(city /village), on the day of 2011.
ffiF Fr ranklin County
Where Government Works
Commissioner Marilyn Brown • Commissioner Paula Brooks • Commissioner John O'Grady
President
Economic Development & Planning Department
Janes Schinmer, Director
May 29, 2011
Marsha Grigsby, City Manager
City of Dublin
5200 Emerald Parkway
Dublin, OH 43017
RE: Three -Year Cooperation Agreements for Participation in the Franklin County
Community Development Block Grant program
Dear Ms. Grigsby:
The Economic Development and Planning Act of 1974 and its CDBG program will be 38 years old
this year. Over $80 million have benefited communities in Franklin County. We are proud that
the City of Dublin has continuously participated in the CDBG program from the beginning.
This letter is to inform you of the steps that must be taken to assure your community's
participation in the Franklin County Economic Development and Planning program for the next
three years. Please have your City Council adopt a resolution affirming your continued
support and participation in the Franklin County CDBG and HOME programs. The
resolution should also reauthorize the City's cooperation agreement upon its expiration of
3/31/12 for another three years ending 3131115. If you elect not to continue participation
upon the expiration of the agreement, you must notify the County and the U.S. Department
of Housing and Urban Development by July 15, 2011.
For your convenience we have enclosed a "model o rdinance /resolution" for your use.
Since a portion of Dublin's population resides in adjacent counties, we are required to notify you
that upon executing the Cooperation Agreement with Franklin County, your entire area will be
included in Franklin County's program. In addition, you cannot apply for separate grants under
the Ohio Small Cities CDBG program for the duration of the Agreement. Your city's continued
participation will permit Franklin County to receive the maximum amount of CDBG and HOME
funds. Further, it will enable those Dublin residents who do have low incomes to continue to
receive the benefits of various housing opportunity programs. Please contact me at (614) 525-
7302 if you have any questions concerning this request.
Sincerely,
Amanda King,
Program Coordinator
c: Anne C. Clarke, Clerk
Stephen Smith, City Attorney
Enclosure
Economic Development I Community Development Planning j Zoning I Building
150 South Front Street, FSL Suite 10, Columbus, Ohio 43215 Planning & Zoning Tel: 614.525 -3094
Tel: 614- 525.5631 Fax:614 -525 -4876 Building Permits Tel: 614. 525 -3166
www.FrankIinCounty0hio.gov Fax: 614.525 -7155