3A Public Hearing 2009 0406 - Laserfiche WebLink

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B. Lead Entity Responsibilities. Consistent with 24 C.F.R. 570.308, the Lead Entity hereby accepts responsibility for administering the Local NSP Funds on behalf of the Parties in compliance with the applicable program requirements. The Lead Entity shall execute the State of California's NSP grant agreement, by way of a joint agreement or such other form as may be prepared or negotiated with the State of California for the Parties to participate in the NSP program. The Lead Entity shall be the direct grant recipient of the Local NSP Funds to be allocated to the Participating Public Jurisdictions. Based upon eligibility, the Lead Entity shall allocate the Local NSP Funds to the Subrecipients by written agreement as described in 24 CFR 570.501(b) and 24 CFR 570.503. The Lead Entity shall be responsible for ensuring the NSP requirements (such as program income and rent affordability) are complied with after grant closing. The Lead Entity shall take all actions necessary to assure compliance with the certification required by section 104(b) of Title I of the Housing and Community 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 Housing and Community Development Act of 1974, and other applicable laws. As required by California NSP program, the Lead Entity shall develop and implement an NSP program utilizing its CDBG program procedures and guidelines, as modified by California's NSP program, for the granting of Local NSP Funds to the Subrecipients. Under the NSP program, the Lead Entity is entitled to five percent (5%) of the Local NSP funds for program administration. In recognition of the Lead Entity's role and administration of this Agreement and its NSP program, the Parties recognize and acknowledge the Lead Entity is entitled to the administrative fund portion of the Local NSP funds. Nevertheless, Subrecipients may apply to the Lead Entity for up to one percent (1 %) of program funds for eligible staff costs associated with project administration. C. Subrecipient Responsibilities. The Subrecipients agree to participate in the Lead Entity's NSP program. Said participation consists of, but is not limited to, identifying eligible projects within their respective jurisdictions and applying to the Lead Entity for a grant of Local NSP funds from the Lead Entity for that project. Subrecipients may also work jointly to identify and use the Local NSP funds for regional projects. The Subrecipients agree to execute the Lead Entity's standard CDBG grant agreements, which shall be modified consistent with the State of California's NSP grant agreement and the requirements of California's NSP program. For regional projects, the subrecipient of where the project is to be located shall be the subrecipient that executes the standard CDBG grant agreement with the Lead Entity. The Subrecipients shall be responsible for using and administering any and all Local NSP Funds from the Lead Entity in a manner consistent with State of California's NSP grant agreement and the requirements of California's NSP program. D. No Termination or Withdrawal. As required by State and Federal NSP requirements, once this Agreement is executed, the Participating Public Jurisdictions may not withdraw from or terminate this Agreement until its terms and conditions are fully completed. E. Program Income. Program income will belong to the Lead Entity's NSP even if it is generated from activities undertaken within or by a Subrecipient. F. Prohibited Use of NSP Funds. The State NSP funds shall not be used in, or in support of, any Activities by a Party that does not affirmatively further fair housing within its jurisdiction or that impedes the Lead Entity's actions to comply with its fair housing certification. NSP Joint Agreement Page 4