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CONTRACT 3469 Other3[69 71 COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAMS AND ASSISTED HOUSING PROGRAMS PARTICIPATING CITY COOPERATION AGREEMENT This Agreement is being entered into on this 5th day of April , 2005 to be effective on the 1l s` day of July 2006, by and between the City of EL SEGUNDO. hereinafter referred to as "City," and the County of Los Angeles, hereinafter referred to as "County" and shall remain in effect for a period of three years through the 301h day of June, 2009. This agreement provides for automatic renewal of participation in successive three -year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. WITNESSETH THAT: WHEREAS, County and City desire to cooperate to undertake, or assist in undertaking, community development, community renewal of lower income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate - incomes, and other community or urban renewal activities authorized by the Housing and Community Development Act of 1974, the Cranston - Gonzalez National Affordable Housing Act (NAHA) and the U.S. Housing Act of 1937, as amended, hereinafter collectively referred to as the "Act "; and WHEREAS, the terms and provisions of this Agreement are ftilly authorized under State and local law, and this Agreement provides full legal authority for the County, by and through its agents and instrumentalities including the Housing Authority of the County of Los Angeles and the Community Development Commission of the County of Los Angeles, to undertake, or assist in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. NOW, THEREFORE, the parties agree as follows: 1. The City and the County agree to cooperate to undertake, or assist in undertaking, community development, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate - incomes, and other community or urban renewal activities authorized by the Act. 2. The City hereby authorizes the County to perform, or cause to be performed, those acts necessary or appropriate to implement the community development and housing assistance activities, specifically urban renewal and publicly assisted housing, including but not limited to improvement or development of housing for persons of low- to moderate - income, and other community or urban renewal activities authorized under the Act specified for the City in the County's annual Housing and Community Development Plan which will be funded from annual Community Development Block Grant (CDBG) and applicable HOME Investment Partnerships (HOME) Programs from Federal Fiscal Years 2006 through 2008 appropriations and from any program income generated from the expenditure of such funds. County shall have final authority and responsibility for selecting projects and annually filing its Final Housing and Community Development Plan with the U.S. Department of Housing and Urban Development (HUD). In the event this Agreement extends into succeeding fiscal years and funds have not been appropriated, this Agreement will automatically terminate as of June 30 of the then current fiscal year. The Commission will endeavor to notify the City in writing within ten (10) days of receipt of non - appropriation notice. 3. The City and the County in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with the County's certification required by Section 104 (b) of Title I of the Act, the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of the Act, Section 3 of the Housing and Urban Development Act of 1968, the Fair Housing Act, the Act and all other applicable laws and regulations. Revised 02/01/05 1 34 4. The City may not apply for grants from appropriations under the Small Cities or State CDBG Programs for the fiscal years in which it participates in the Los Angeles Urban County Program. 5. The City may participate in a HOME Program only through the Los Angeles Urban County. Thus, even if the Los Angeles Urban County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other local governments. 6. The City and County agree that CDBG and HOME funding is prohibited for any activities in or on behalf of any cooperating City that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's action to comply with its fair housing certification. 7. Pursuant to 24 CFR 570.501 (b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503. 8. The City shall report to the County of any income generated by the use of CDBG or HOME funds received by the City. Any such program income must be remitted to the County within 30 days of receipt if applicable and upon receiving approval from the County.. Such program income may be used for eligible activities in accordance with all CDBG and HOME requirements as may then apply. 9. The County shall be responsible for monitoring and reporting to HUD on the use of any program income; therefore, the City shall be required to maintain appropriate record keeping and reporting for this purpose. 10. In the event of grant close -out or termination of this Agreement, any program income that is on hand or received subsequent to the close -out or change in status shall be paid to the County within 60 days after grant closeout. 11. All program income generated from the disposition or transfer of real property acquired or improved by the City, using CDBG and/or HOME funds or program income, during the term of this Agreement, shall be subject to all the terms and conditions of this Agreement, particularly Sections 6 through 11. 12. Any real property which is acquired or improved by the City during the term of this Agreement, in whole or in part, using CDBG and /or HOME funds or program income, shall be subject to the following standards: a. The County shall be notified by the City in writing of any modification or change in the use or disposition of such real property from that plann8d at the time of the acquisition or improvement. Such notification shall be made prior to the modification, change in use or disposition. b. If such real property is sold within five year or transferred for a use which does not qualify as an eligible use under CDBG and/or HOME regulations, the City shall reimburse to the County an amount equal to the current fair market value of the property less any portion thereof attributable to expenditures of non -CDBG and/or non -HOME funds. 13. The City shall make available for inspection and audit to County's and HUD's representatives, upon request, at any time during the duration of this Agreement and during a period of five (5) years, thereafter, all of its books and records relating to CDBG and HOME program activities and income. 14. This Agreement shall be effective for the period of time required for the expenditure of all CDBG and/or applicable HOME funds allocated to the City under this Agreement and appropriations from any program income therefrom and for the completion of the funded activities. This Agreement shall automatically renew every three years unless either party notifies the other party in writing that it elects not to participate in the new qualification period. The electing party must send a copy of said notice to the HUD field office. Further, the parties agree that they must adopt any amendment(s) incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent 3 -year urban county qualification period. The parties shall submit such amendment(s) to HUD as provided in such Urban County Qualification Notice and that failure to so comply will void the automatic renewal for such qualification period. Revised 02/01/05 2 3469. 15. Following the end of the three -year reimbursable contract period and after resolving any financial or programmatic findings, if a City elects to leave the Los Angeles County Grant Program, and is not eligible to become an entitlement City, the City will be unable to request that its allocation or any remaining balance be transferred to the City. The City will have two (2) options: the City may exchange its remaining balance for another City's general funds; or the city can forgo selling its funds, in which case any remaining balance will be transferred to the funding pool of the Supervisorial District in which the city is located. 16. This agreement will provide for an automatic renewal for participation in successive three -year qualification periods, unless the City provides written notice that it elects not to participate in the new qualification period. 17. The City shall adopt any amendment to this agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three -year county qualification period, and such failure to comply will void the automatic renewal for such qualification period. 18. The City has adopted and is 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. 19. The City shall or shall continue to provide a drug -free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the City's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about: a) The dangers of drug abuse in the workplace; b) The City's policy of maintaining a drug -free workplace; C) Any available drug counseling, rehabilitation, and employee assistance programs; and d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1 of this Section 19. 4. Notifying the employee in the statement required by paragraph 1 of this Section 19 that, as a condition of employment funded by the CDBG and/or HOME grant, the employee will: a) Abide by the terms of the statement; and b) Notify the City in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Revised 02/01/05 3469•,': Notifying the County in writing, within ten calendar days after receiving notice under subparagraph 4(b) of this Section 19 from an employee or otherwise receiving actual notice of any such conviction; and the City must provide written notice, including position or title, of any City employees convicted of any criminal drug statute to every County officer or other designee who processed a CDBG of HOME grant which funded any activity on which the convicted employee was working, unless HUD has designated a identification number(s) of each affected grant. 6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph 4(b) of this Section 19, with respect to any employee who is so convicted; (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, - State, or local health, law enforcement, or other appropriate agency; and 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5, and 6 of this Section 19. Revised 02/01/05 3469..,.1 IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Executive Director of the Community Development Commission of the County of Los Angeles, and the City has subscribed the same through its duly authorized officers, on the day, month and year first above written CITY OF EL SEGUNDO By A O or DESIGNEE Mary nn, City Manager ATTEST: City Clerk I., �Miffl �� � � � � APPROVED AS TO FORM: Revised 02/01/05 5 COUNTY OF LOS ANGELES By CARLOS JACKSON, Executive Director Community Development Commission of the County of Los Angeles ATTEST: VIOLET VARONA - LUKENS Executive Officer Clerk of the Board of Supervisors APPROVED AS TO FORM: RAYMOND G. FORTNER, JR. County Counsel Deputy