HomeMy WebLinkAboutSan Diego, County of & Various; 2005-05-04;COOPERATIVE AGREEMENT TO FORM
A HOME CONSORTIUM
This Agreement is entered into by and between the Cities of Carlsbad, Encinitas, La Mesa, San Marcos,
Santee and Vista (hereinafter referred to as “Cities”) and the County of San Diego (hereinafter referred to
as Tounty”), on 2005.
WITNE3ETH:
WHEREAS, there has been enacted into law the HOME Act, Title II of the Cranston-Gonzalez National
Affordable Housing Act (the “Act”), creating the HOME Investment Partnerships Program that provides
funds to expand the supply of affordable housing for very low-income and low-income persons; and
WHEREAS, the HOME Program authorizes contiguous units of general local government to join
together in a consortium; and
WHEREAS, the County and the Cities have each prepared Consolidated Plans which were submitted to
the U.S. Department of Housing and Urban Development (HUD) in accordance with 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 (hereinafter referred to as
the “Consortium”) to implement the objective of increasing the local supply of decent affordable housing
to low- and very low-income persons.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. COMPLIANCE WITH LAW: All members of the Consortium agree to comply with the
applicable portions of: 24 CFR Parts 42, 58, 92; the Housing and Community Development Act of 1974
as amended; Title VI of the Civil Rights Act of 1964 (42 USC 0 2000d); Title VII of the Civil Rights Act
of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC 0
3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; Executive Order
1 1246, as amended (equal employment opportunity); Executive Order 1 1063 (non-discrimination), as
amended by Executive Order 12259; Section 3 of the Housing and Urban Development Act of 1974; the
Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 CFR Part 24); OMB
Circular A-133, revised June 27, 2003, Audits of States, Local Governments, and Non-profit
Organizations; National Historic Preservation Act of 1966 (Public Law 89-665); the Archaeological and
Historical Preservation Act of 1974 (Public Law 93-291); the Architectural Barriers Act of 1968 (42
U.S.C. 00 4151, et seq.); Executive Order 11593; the Flood Disaster Protection Act of 1973 (42 U.S.C. 6
4106 and the implementing regulations in 44 CFR Parts 59-79); the Clean Air Act (42 U.S.C. 6 7401, et
seq.); the Federal Water Pollution Control Act, as amended (33 U.S.C. 5 1251, et seq.) and the
regulations adopted pursuant thereto (40 CFR Part 6); and, the Drug-Free Workplace Act of 1988 (Public
Law 100-690).
1.1
housing.
FAIR HOUSING: Each member of the Consortium shall affirmatively further fair
2A. TERMINATION OF AGREEMENT: In accordance with §92.101(e) of the Code of Federal
Regulations, this Agreement cannot be terminated for a period of three federal fiscal years beginning
with federal fiscal year 2006 (i.e., 2006-2008). No Consortium member may withdraw from this
Agreement while it remains in effect.
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COOPERATWE AGREEMENT TO FORM A HOME CONSORTIUM 2006-2008 Page 2 of I2
2B. TERM OF AGREEMENT: The qualification term of this agreement is the consecutive three
Federal Fiscal Year period following the fiscal year in which the agreement is executed (Le., FY 2006-
2008).
2C. PROGRAM YEAR: Program year for the Consortium, its members, and the CDBG, HOME, ESG
and HOPWA programs is, however, July 1 through June 30.
3. PROGRAM ADMINISTRATION: The Program Administrator for this Consortium shall be the
County of San Diego. The County of San Diego shall act in a representative capacity as the lead entity
for all members of the San Diego HOME Consortium for the purposes of administering the HOME
Program.
3.1 RESPONSIBILITIES OF PROGRAM ADMINISTRATOR: The Program
Administrator shall assume overall responsibility for ensuring that the Consortium's HOME
Program is camed out in compliance with the requirements of the HOME Program, including
requirements concerning a Consolidated Plan in accordance with HUD regulations in 24 CFR
Parts 92 and 91 respectively. The Program Administrator shall be specifically responsible for the
following:
(a)
(b)
Receipt, disbursement and accounting of all HOME Program and matching funds;
Submission of all reports and data as may be required by HUD.
4. CONTRACT ADMINISTRATION: The Director, San Diego County Department of Housing and
Community Development shall administer this agreement on behalf of the County. The City Manager
shall administer this agreement on behalf of each City. The Cities agree to supply to County, within a
reasonable period of time after request, progress reports or other documentation as shall be required by
the County's contract administrator to audit performance of this agreement.
5. RECORDS AND REPORTS: The Program Administrator shall maintain records as required by
HUD. All records of the County respecting individual projects and programs shall be open and available
for inspection by auditors assigned by HUD and/or the Cities during the normal business hours of the
County. The Cities shall maintain records and submit such reports and information as may be necessary
for the County to fulfill its obligations as administrator of the Consortium.
6. LIABILITY AND INDEMNIFICATION: Pursuant to Section 895.4 of the Government Code,
County and Cities agree that each will assume the full liability imposed upon it or any of its officers,
agents, or employees for injury caused by a negligent or wrongful act or omission occurring in the
performance of this agreement, and each party agrees to indemnify and hold harmless the other party for
any loss, cost or expense that may be imposed upon such other party by virtue of sections 895.2 and
895.6 of the Government Code.
7.
be personally served on the other party or may be served by certified mail.
NOTICE: Any notice or notices required or permitted to be given pursuant to this agreement may
8. DISTRIBUTION OF FUNDS: Funds awarded to the Consortium shall be distributed to
Consortium members by the following formula:
A + B + (C*2) = DISTRIBUTION TO CONSORTIUM MEMBERS
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Where A equals the City’s population, B equals the number of overcrowded households, C equals the
number of households at or below the poverty rate. All figures shall be based upon the most current
census data as provided by the San Diego Association of Governments (SNAG).
8.1 METHOD OF DISTRIBUTION: No later than 30 calendar days from notification by
HUD that HOME Investment Partnership funds have been awarded to the Consortium, the
Program Administrator shall cause to be issued a Notification of Funds. That notification shall
indicate the amount of funds available to each City and the County and shall grant each
jurisdiction 70 calendar days to sponsor or submit a proposal for an eligible activity. Specific
HOME projects or programs shall be identified within one year of the Notification of Funds.
Funds must be committed to specific HOME projects or programs no later than two years
following the date of HUD’s Grant Agreement and expended within five years. If a proposal is
not sponsored by or received from a City, that City’s share of HOME hds shall be distributed
according to paragraph 8.2 below. An activity shall be considered eligible if it conforms to the
requirements of Title 24, Part 92, Subpart E of the Code of Federal Regulations.
8.2 METHOD OF REDISTRIBUTION: All funds recaptured or unused by any member of
the Consortium shall be pooled and made available to the remaining members of the Consortium
through the issuance of a second Notification. The Program Administrator may include unused
or recaptured hds from a previous fiscal year in a such notification if there is at least 12 months
remaining before the HUD recapture date.
8.3 ADMINISTRATIVE FEES: Administrative expenses, if any, shall be disbursed as
described below, for each of the three fiscal years covered by this agreement.
Definitions:
1) Administrative Cap = 10% of the County of San Diego Consortium HOME
Investment Partnerships Entitlement
2) Program Administrator’s Allocation = 90% of the HOME Administrative Cap
3) Consortium Cities’ Administrative Allocation = 10% of the HOME Administrative
Cap
4) Each consortium City’s Administrative Allocation = Total City Allocation Divided by
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The administrative allocation for each Consortium City represents the maximum amount of
administrative expenses that can be reimbursed to the cities in any year. The six Consortium
cities will receive equal allocations of HOME administrative funds that total up to a maximum of
1% of the HOME entitlement. Claims forms with documentation of expenses will need to be
submitted to the County for reimbursement of Consortium City’s administrative expenses
incurred. Remaining funds in each City’s administrative allocation will be returned to the
Program Administrator at the end of each fiscal year. Only staff costs associated with the
management and administration of the HOME Investment Program may be charged by each
Consortium City against HOME administrative allocations. Only costs associated with the
management and administration of the HOME Investment Program may be charged against the
Program Administrator’s share of the HOME administrative allocation.
8.4 MATCHING CONTRIBUTIONS: Each member of the Consortium shall be
responsible for meeting the federal matching requirements of 92.218 and 92.220 of the Code of
COOPERATIVE AGREEMENT TO FORM A HOME CONSORTIUM 2006-2008 Pane 4 of 12
Federal Regulations for each activity it sponsors or proposes. All matching funds shall be
deposited in the Local HOME Account and shall be credited to the specific activity for which the
funds were intended. Credit for excess matching funds shall be applied to the overall match
requirements of the Consortium.
8.5 RECAPTURE OF FUNDS: If member of the Consortium does not sponsor, submit,
identify or expend funds on a proposal for an eligible activity in accordance with Paragraph 8. 1,
the funds available to the Cities shall become available to all members of the consortium or any
other eligible applicant in accordance with Paragraph 8.2. Funds not used, including positive
balances remaining after an activity is completed, by a jurisdiction shall become available to all
members of the consortium or any other eligible applicant in accordance with Paragraph 8.2.
8.6 EXCLUSION OF FUNDS: This Agreement applies only to those funds received under
the HOME Investment Partnership Program and funds received as matching contributions. This
Agreement does not apply to or control funds other than those described in this paragraph.
8.7 CONSORTIUM'S OBLIGATION TO DISTRIBUTE FUNDS: If KUD does not
award HOME funds to the Consortium, the Consortium's and/or the County's obligation to
distribute those funds to Consortium members will be terminated.
9. CONSOLIDATED PLAN STRATEGY: The Program Administrator shall be responsible for the
preparation and submission of Consolidated Plan (s) as required under Title 24, Part 91 of the Code of
Federal Regulations.
9.1 APPROVAL OF CONSOLIDATED PLAN (S): The Consolidated Plan (s) shall not be
submitted to HUD until it (they) has (have) been approved by the elected representatives
of each member of the Consortium.
9.2 AMENDMENTS TO THE CONSOLIDATED PLAN (S): Any required amendments to
the Consolidated Plan (s) shall be made in accordance with Title 24 of the Code of Federal
Regulations, Parts 91 and 570.
10. NEW MEMBERS: New members of the Consortium shall be allowed upon receipt of a request to
join the Consortium.
10.1
10.2
10.3
10.4
AUTHORIZING RESOLUTIONS: Each request to join the Consortium must be
accompanied by certified copies of authorizing resolutions by the governing body of the
local government.
FULL COST RECOVERY: Any and all costs associated with a new member joining
the Consortium, including any required amendments to the Consolidated Plan (s), shall
be paid by the local government wishing to join the Consortium prior to becoming a
member.
AVAILABILITY OF HOME FUNDS: HOME funds shall not be available to a new
member of the Consortium until the fiscal year in which HUD includes that locality in its
calculations for distribution of HOME bds.
AUTHORITY TO AMEND AGREEMENT: The Program Administrator is authorized
to amend the Consortium agreement on behalf of the entire Consortium. In addition, the
COOPERATIVE AGREEMENT TO FORA4 A HOME CONSORTIUM 2006-2008 Pane 5 of 12
Program Administrator is authorized to add new members, on behalf of the entire
Consortium.
11. COOPERATION IN UNDERTAKING HOUSING ASSISTANCE UNDER HOME: Each
member of the Consortium agrees to cooperate to undertake or to assist in the undertaking of housing
assistance activities for the HOME Program
12. AUTHORITY TO JOIN CONSORTIUM: The signatories below certify that they are authorized
to sign this Agreement on behalf of the Consortium member that they represent and that each member of
the Consortium hereby certifies that it is authorized to enter into this Agreement. Authorizing resolutions
from the governing body of each unit of local government joining the Consortium are incorporated into
this Agreement under Attachment A and made part of this Agreement.
COUNTY COUNSEL STATEMENT:
The terms and provisions of this Agreement are fully authorized under State and local law. This
Agreement provides full legal authority for the Consortium to undertake or assist in undertaking housing
assistance activities for the HOME Investment Partnership Program.
Date
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IN WITNESS WHEREOF, the parties have executed this agreement on the day and the year first
above written.
By:
Title:
County of San Diego
Date
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Title: City Manager
City of Carlsbad
Date MAY 0 4 2005
COOPERATIVE AGREEMENT TO FORM A HOME CONSORTIUM 2006-2008 Pane 8 of 12
Date
Title: City Manager
City of Encinitas
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By:
Art Madrid
Title: Mayor
City of La Mesa
Attest:
Mary J. Kennedy, CMC, City Clerk
Approved as to form:
By:
Glenn Sabine
Title: City Attorney
Date
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By:
Title: City Manager
City of San Marcos
Date
COOPERATIVE AGREEMENT TO FORM A HOME CONSORTIUM 2006-2008 Page I1 of 12
By:
Title: City Manager
City of Santee
Date
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By:
Title: City Manager
City of Vista
Date