Dallas County CDBG HUD Agreement-CN 2020-05-12 AGREEMENT of COOPERATION for CDBG/HOME/ESG PROGRAMS
WHEREAS,the 93'd Session of Congress passed, and the President of the United States signed
into law,the Housing and Community Development Act of 1974 (PL93-383)which created the
Community Development Block Grant (CDBG) program; and
WHEREAS, Dallas County,Texas, is applying to the U.S. Department of Housing and Urban
Development (HUD)for Urban County CDBG entitlement status; and
WHEREAS, in order to qualify for this status, Dallas County must enter into cooperation
agreements with local governments and have the collective population of the County's unincorporated
area and the participating local governments total at least 100,000 people; and
WHEREAS,Texas cities and counties are authorized under Chapter 373, Local Government Code,
and Section 381.003, Local Government Code,to conduct essential housing and community
development activities; and
WHEREAS,Texas cities and counties are authorized under Chapter 791, Government Code,to
enter into cooperation agreements with one another.
NOW,THEREFORE, BE IT RESOLVED THAT:
The City of Coppell (hereafter, "City")supports the efforts of Dallas County,Texas to qualify as an Urban
County for the CDBG program and asks that its population be included in such a program beginningfor
Federal Fiscal Years 2021, 2022, and 2023.
This Cooperation Agreement covers the CDBG entitlement program and when applicable,the HOME
Investment Partnership (HOME), and Emergency Solutions Grant (ESG) programs.
This Agreement remains in effect until the CDBG (and where applicable, HOME and ESG)funds and
program income received with respect to the three-year qualification period are expended and the
funded activities completed, and that the County and City may not terminate or withdraw fromthe
Agreement while the Agreement remains in effect.
The City understands that by executing this CDBG Cooperation Agreement it:
1. May not apply for grants from appropriations under the State CDBG Program for fiscal years
during the period in which it participates in the County's CDBG program;and
2. May receive a formula allocation under the HOME Program only through the County.Thus,even
if the urban county does not receive a HOME formula allocation,the participating unit of local
government cannot form a HOME consortium with other local governments;and
3. May receive a formula allocation under the ESG program only through the County.
County and City agree to cooperate to undertake,or assist in undertaking, community renewal and
lower-income housing assistance activities.
County and City shall take all actions necessary to ensure compliance with the Urban County
certification by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as
amended, regarding Title VI of the Civil Rights Act of 1968 and other applicable laws.
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County and City shall take all actions necessary to ensure compliance with Section 109 of Title I of the
Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973,and
Age Discrimination Act of 1975.
County and City understand and agree that Urban County funding will not be provided for activities,
within 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 the County's actions to comply with
County fair housing certifications.
City understands and agrees,that in accordance with 24 CFR 570.501(b) and 570.503 (which requires a
written agreement), it shall be subject to the same administrative requirements as a grant fund any
subrecipient should it receive funding under this program.
City agrees to report to the County of any income generated by the expenditure of CDBG, HOME, and/or
ESG funds received; and that any such program income must be paid to the County to be used for
eligible activities in accordance with the original grant requirements.
County is responsible for monitoring and reporting to HUD on the use of any program income, and that
in the event of close-out or change in status of the City, any program income that is on hand or received
subsequent to the close-out or change in status shall be paid to the County.
City agrees to notify the County of any modification or change in the use of the real property from that
planned at the time of acquisition or improvement, including disposition, and further agrees to
reimburse the County in an amount equal to the current fair market value (less any portion thereof
attributable to expenditure of non-CDBG/HOME/ESG funds)for property acquired or improved with
CDBG/HOME/ESG funds that is sold or transferred for a use which does not qualify under the
CDBG/HOME/ESG regulations.
Any money generated from the disposition or transfer of property will be treated as program income
and returned to the County prior to, or subsequent to,the close-out, change of status, or termination of
this Agreement between the County and City.
City understands that it may not sell,trade, or otherwise transfer all or any portion of such funds to
another such 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.
County shall notify City in writing, by the date specified in the HUD urban qualification notice for the
next qualification period, of its right not to participate.
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 physical barring entrance to orexit
from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
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City understands that the County will have final responsibility for administering the CDBG/HOME/ESG
programs, selecting CDBG/HOME/ESG projects and activities, and making annual grant requests.
City's Mayor, or their legal designee, is authorized to sign any additional forms, on behalf of the City,
that HUD may require. ����//��
APPRIVED AND ACCEPTED THIS THE .LY'"' day of , 2020.
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Ka en Seib. Hunt, Clay Lewis Jenkins,
Mayor County Judge Dallas County,Texas
Mel /o?, o?ao2 0
Date Date
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Approved as to Form:*
John Creuzot
District Attorney
By:
Randall Miller
Assistant District Attorney
*By law,the Dallas County District Attorney's Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf
of other parties. Our review of this document was conducted solely from the legal perspective of our
client. Other parties should not rely on this approval and should seek review and approval by their own
respective attorney(s).
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