HomeMy WebLinkAboutEncinitas/La Mesa/Santee/Vista & County; 1996-07-17;\ e a
COOPERATIVE AGREEMENT TO FORM
A HOME CONSORTIUM
This Agreement entered into by and between the CITIES OF Carlsbad, Encinitas, La h!
Santee, and Vista (hereinafter referred to as 'I the COUNTY OF SAN DII
(hereinafter referred to as "COUNTY"), on , 1996.
W ITNES ETH:
WHEREAS, there has been enacted into law Public Law 101-625, the National Afforc
Housing Act of 1990 (NAHA), the primary objective of which is to increase the supply of dt
affordable housing to low- and very low-income Americans; and
WHEREAS, Title II of NAHA authorizes the HOME Investment Partnerships Act known a
HOME Program to provide housing opportunities: and
WHEREAS, the HOME Program authorizes contiguous units of general local government tc
together in a consortium; and
WHEREAS, The County and the Cities have each prepared Consolidated Plans which
submitted to the U.S. Department of Housing and Urban Development (HSJD) in accordance
Title 24 of the Code of Federal Regulations, Part 92; and
WHEREAS, it is the desire of the Cities and the County to form a consortium to implemen
objective of increasing the local supply of decent affordable housing to low- and very low-in1
Americans; NOW THEREFORE
IT IS AGREED AS FOLLOWS:
1. COMPLIANCE WITH LAW: All members of the Consortium agree to comply wil
applicable portions of: Title 24, Subtitle A, Part 92 of the Code of Federal Regulation!
Housing and Community Development Act of 1974 as amended; Title 24, Chapter V, Par
of the code of Federal Regulations; Title 24, Subtitle A, Part 58 of the code of Fc
Regulations; Title VI of the Civil Rights Act of 1964; Title Vm of the Civil Rights Act of
Section 109 of the Housing and Community Development Act of 1974; Section 3 of the Hc
and Urban Development Act of 1968; Executive Orders 11246, 11063 and 11593; the Un
Relocation Assistance and Real Property Acquisition Policies Act of 1970; Title 24, Part
the code of Federal Regulations; OMB Circular A-122 and Attachments A, B, C, F, H, 1
0; the Archeological and Historical Preservation Act of 1974; the Architectural Barriers 1
1968; the Hatch Act (Chapter 15 of Title 5, U.S.C.); the Flood Disaster Protection Act of
the Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Conlo
as amended (33 U.S.C. Section 1251 et seq.); the Drug-Free Workplace Act of 1988.
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1.1 FAIR HOUSING. Each member of the consortium shall affirmatively further fair hou
2. TERMINATION OF AG- In accordance with $92.101(c) of the Code of Fec
Regulations, this Agreement cannot be terminated for a period of three federal fiscal !
beginning with federal fiscal year 1997 (1996-97; 1997-98; 1998-99). Program year fo
Consortium, its members, and the various programs funded is, however, July 1 through Junc
3. PROGRAM ADMINISTRATION. The Program Administrator for this Consortium
be the County of San Diego.
3.1 RESPONSIBILITIES OF PROGRAM ADMINISTRATOR The Pro
Administrator shall assume overall responsibility for ensuring that the Consorti
HOME Program is carried out in compliance with Title 24, Part 92 of the Code of Fe
Regulations. The Program Administrator shall be specifically responsible for the follo
Receipt, disbursement and accounting of all HOME Program and matc
funds;
Submission of all reports and data as may be required by HUD;
(a)
(b)
4. CONTRACT ADMINETRATION The Director, San Diego County Department of Ho1
and Community Development shall administer this agreement on behalf of the County. The
Manager shall administer this agreement on behalf of each City. The Cities agree to sup1
County within a reasonable period of time after request, progress reports or other documenf
as shall be required by the County's contract administrator to audit performance of this agree1
The Program Administrator shall provide each member of the Consortium a copy of the AI
Performance Report (HUD Form #401107 and all its attachments).
5. RECORDS AND REPORTS: The Program Administrator shall maintain records as req
by HUD. AU records of the County respecting individual Projects and programs shall be ope]
available for inspection by auditors assigned by HUD andor the Cities during the normal bus
hours of the County. The Cities shall maintain records and submit such reports and inform
as may be necessary for the County to fulfill its obligations as administrator of the Consor
6. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Govern
Code, County and Cities agree that each will assume the full liability imposed upon it or a
its officers, agents, or employees for injury caused by a negligent or wrongful act or omi
occurring in the performance of this agreement, and each party agrees to indemnify and
harmless the other party for any loss, cost or expense that may be imposed upon such other 1
by virtue of sections 895.2 and 895.6 of the Government Code.
7. NOTICE Any notice or notices required or permitted to be given pursuant to this agra
may be personally served on the other party by the party giving such notice or may be serv
certified mail.
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8. DISTRIBUTION OF FUNDS: Funds awarded to the consortium shall be distributc
consortium members by the following formula:
A + B (C*2) = DISTRIBUTION
Where A equals the City's population, B equals the number of overcrowded households, C e
the number of households at or below the poverty rate. All figures shall be based upon the
current census data as provided by the San Diego Association of Governments (SANDAG:
8.1 METHOD OF DISTRIBUTION No later than 30 calendar days from notific
by HUD that HOME Investment Partnership funds have been awarded to the Consol
the Program Administrator shall cause to be issued a Notification of Funds.
notification shall indicate the mount of funds available to each City and the Count
shall grant each jurisdiction 70 calendar days to sponsor or submit a proposal f
eligible activity. If a proposal is not sponsored by or received from a City, that (
share of HOME funds shall be distributed according to paragraph 8.2 below. An ac
shall be considered eligible if it conforms to the requirements of Title 24, Part 92, SI
E of the Code of Federal Regulations.
8.2 METHOD OF REDISTRIBUTION: All funds recaptured or unused b
member of the Consortium shall be pled and made available to the remaining me
of the consortium through the issuance of a second Notification. The Prc
Administrator may include unused or recaptured funds from a previous fiscal yea
such notification if there is at least 12 months remaining before the U.S. Departrr
Housing and Urban Development recapture date.
8.3 ADMINISTRATIVE FEES: Administrative fees, if any, shall be retained
Program Administrator for the management of the HOME Program. Only costs assc
with the management and administration of the HOME Investment Program n
charged against HOME administrative allocations.
8.4 MATCHING CONTRIBUTIONS: Each member of the consortium sh
responsible for meeting the federal matching requirements of 592.218 and 592.220
Code of Federal Regulations for each activity it sponsors or proposes. All matching
shall be deposited in the Local HOME Account and shall be credited to the specific a
for which the funds were intended. Credit for excess matching funds shall be app
the overall match requirements of the Consortium.
8.5 RECAPTURE OF FUNDS: If member of the Consortium does not spoi
submit a proposal for an eligible activity in accordance with Paragraph 8.1, tht
available to the Cities shall become available to all members of the consortium
other eligible applicant in accordance with Paragraph 8.2. Funds not used, inc
positive balances remaining after an activity is completed, by a jurisdiction shall t
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available to all members of the consortium or any other eligible applicant in accorc
with Paragraph 8.2.
8.6 EXCLUSION OF FUNDS: This Agreement applies only to those funds reo
under the HOME Investment Partnership Program and funds received as mat
contributions. This Agreement does not apply to or control funds other than
described in this paragraph.
8.7 CONSORTIUM'S OBLIGATION TO DISTRIBUTE FUNDS: If HOME fun(
not awarded to the Consortium by the U.S. Department of Housing and 'I
Development, the Consortium's obligation to distribute those funds to Consortium
members will be terminated.
9. CONSOLIDATED PLAN STRATEGY : The Program Administrator shall be respoi
for the preparation and submission of Consolidated Plan (s) as required under 591.2:
$91.21(a)(l)(i),(ii) and (iv) of the Code of Federal Regulations.
9.1 APPROVAL OF CONSOLIDATED PLAN (S) : The Consolidated Plan (s)
not be submitted to HUD until it (they) has (have) been approved by the el
representatives of each member of the Consortium.
AMENDMENTS TO THE CONSOLIDATED PLAN (S): Any req
amendments to the Consolidated Plan (s) shall be made in accordance with
24 of the Code of Federal Regulations, Parts 91 and 570.
9.2
10. NEW MEMBERS: New members of the Consortium shall be allowed upon receipi
request to join the Consortium.
10.1 AUTHORIZING RESOLUTIONS: Each request to join the Consortium mi
accompanied by certified copies of authorizing resolutions by the governing
of the local government.
FULL COST RECOVERY: Any and all costs associated with a new me
joining the Consortium, including any required amendments to the Consoli
Plan (s), shall be paid by the local government wishing to join the Consortium
to becoming a member.
AVAILABKlTY OF HOME FUNDS: HOME funds shall not be availabk
new member of the Consortium until the fiscal year in which the fc
Department of Housing and Urban Development includes that locality
calculations for distribution of HOME funds.
10.2
10.3
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10.4 AUTHORITY TO AMEND AGREEMENT TO ADD NEW MEMBERS:
Program Administrator is authorized to amend the consortium agreement on b
of the entire consortium to add new members to the consortium.
11 AUTHORITY TO JOIN CONSORTIUM: Each member of the Conso
hereby certifies that it is authorized to enter into this Agreement. Author
resolutions from the governing body of each unit of local government joinin
Consortium are incorporated into this Agreement under Attachment A and
part of this Agreement.
COOPERATION IN UNDERTAKING HOUSING ASSISTANCE UN
HOME: Each member of the Consortium agrees to cooperate to undertake
assist in the undertaking of housing assistance activities for the HOME Pro1
IN WITNESS WHEREOF, the parties have executed this agreement on the day and the ye;u
above written.
12.
Date-
Date-
City of Carlsbad
Date’7lc i * 7 d
Date 7 -P7+
Date 4/27/“e
-7j2 /%G Date I
City of Vista
COUNTY COUNSEL STATEMENT:
The terms and provisions of this Agreement are fully authorized under State and Local law,
Agreement provides full legal authority for the Consortium to undertake or assist in undert
housing assistance a ‘vities for the HOME Investment Partnership Program.
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