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AMENDMENT TO COOPERATIVE AGREEMENT
TO FORM A HOME CONSORTIUM
This amendment to the original Agreement entered into by and between the County of San Diego
and the cities of Encinitas, Santee, and Vista is made and entered into thi& w day of
June, 1995, by and between the CITY OF CARLSBAD, a political subdivision of the State of
California, hereinafter referred to as "City" and the COUNTY OF SAN DIEGO, a legal
subdivision and body corporate and politic of the State of California, hereinafter referred to as
"County";
WHEREAS, there has been enacted into law Public Law 101-625, the National
Affordable Housing Act of 1990 (NAHA), the primary objective of which is to increase the
supply of decent affordable housing to low- and very low-income Americans; and
WHEREAS, NAHA authorizes contiguous units of general local government to join
together in a consortium; and
WHEREAS, the City of Carkbad desires to meet the housing needs of low- and
moderate-income residents; and
WHEREAS, it is the desire of the Cities and County to form a consortium to implement
the objectives of increasing the local supply of decent affordable housing to low- and very low-
income Americans; m-d
NOW, THEREFORE, the City and the Cmnty hereby agree to amend the Cooperative
Agreement to Form a HOME Consortium as follows:
1. All references to the Comprehensive Housing Affordability Strategy (CHAS) is
replaced with Consolidated Plan in accordance to Title 24 of the Code of Federal
Regulations Part 92.
The City of Carlsbad is hereby included as a new member to the San Diego
County HOME Consortium i? accordance with the following sections of the
Cooperative Agreement:
Section 3: Program Administration: The Program Administrator for this
Consortium shall be the County of San Diego.
Section 10.4: Authority to Amend Agreement to Add New Members: The
Program Administrator is authorized to amend the consortium agreement on behalf
of the entire consortium to add new members to the consortium.
This amendment to the Cooperative Agreement to Form a HOME Consortium shall be
incorporated into and be made part of the Cooperative Agreement.
2.
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IN WITNESS WBEREOF the parties hereto have caused this amendment to be executed
as of the day and year first written above.
COUNTY OF SAN DIEGO
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EDWARD A. BAKER, JR., Pro
ATTEST:
h&J .-
ALETHA L. RAUTENKRANZ, city aery
APPROVED AS TU FORM:
RONALD R. BALL, City Attorney r2L 21, I? 75
yL(: Ifu2.L.A-J * [,-Z7"r/l r
e COUNTY OF SAN DIEGO
BOARD OF SUPERVISORS
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TUESDAY, JUNE 20, 1995
MINUTE ORDER NO. 21
SUBJECT: Addition of the City of Carlsbad to the Existing San
Diego County HOME Consortium for the Purpose of
Receiving HOME funds from the United States Department
of Housing and Urban Development (HUD)
FISCAL IMPACT:
Adding an additional city to the HOME Consortium will result in a slightly larger HOME entitlement in Fiscal Year 1996. Almost all
of this increase will, however, be pass-through to the city. If approved, this action will not result in any current year costs, annual costs, or additional staff costs,
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1. Approve the addition of the City of Carlsbad to the San Diego County HOME Consortium under the HOME Investment Partnership Program of HUD.
Authorize the Director of the Department of Housing and
Community Development to amend the existing Cooperative Agreement between the County of San Diego and the Cities of Encinitas, Santee, and Vista, to add the City of Carlsbad contingent upon and following approval by the Carlsbad City Council.
2.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent.
Ayes: Cox, Jacob, Slater, Roberts, Horn ---
State of California) County of San Diego) ss
I hereby certify that the foregoing is a full, true and correct
copy of the Original entered in the Minutes of the Board of Supervisors.
THO- J, PASTUSZKA
Clerk of the Board of Supervisors
BY JAfi&@
Lorena Lo iza Monteleone, Deputy
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COOPEk4TNE AGREEMENT TO FORM
A HOME CONSORTIUM
This Agreement entered into by and between the CITIES OF Encinitas, Santee, and Vista
(hereinafter referred to as "Cm"), and the COUNTY OF SAN DIEGO (hereinafter referred
to as "COUNTY"), on June 3, 1993
WITNESSETH:
WHEREAS, there has been enacted into law Public Law 101-625, the National Affordable
Housing Act of 1990 (NAHA), the primary objective of which is to increase the supply of decent
affordable housing to low- and very low-income Americans ; and
WHEREAS, NAHA authorizes contiguous units of general local government to join together
in a consortium; and
WHEREAS, The County and the Cities have jointly prepared a Consolidated Comprehensive
Housing Affordable Housing Strategy (CHAS) which will be submitted to the U.S Department
of Housing and Urban Development (HUD); and
WHEREAS, it is the desire of the Cities and the County to form a consortium to implement
the objective of increasing the local supply of decent affordable housing to low- and very low-
income Americans; NOW THEREFORE
IT IS AGREED AS FOLLOWS:
1. COMPLIANCE WITH LAW: All members of the Consortium agree to comply with the
applicable portions of: Title 24, Subtitle A, Part 92 of the Code of Federal Regulations; the
Housing and Community Development Act of 1974 as amended; Title 24, Chapter V, Part 570
of the code of Federal Regulations; Title 24, Subtitle A, Part 58 of the code of Federal
Regulations; Title VI of the Civil Rights Act of 1964; Title VIII of the Civil Rights Act of 1968;
Section 109 of the Housing and Community Development Act of 1974; Section 3 of the Housing
and Urban Development Act of 1968; Executive Orders 11246, 11063 and 11593; the Uniform
Relocation Assistance and Real Propeky Acquisition Policies Act of 1970; Title 24, Part 42 of
the de of Federal Regulations; OMB Circular A-122 and Attachments A, B, C, F, H, N and
0; the Archeological and Historical Preservation Act of 1974; the Architectural Barriers Act of
1968; the Hatch Act (Chapter 15 of Title 5, U.S.C.); the Flood Disaster Protection Act of 1974;
the Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Control
Act, as amended (33 U.S.C. Section 1251 et seq.); the Drug-Free Workplace Act of 1988.
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2. TERMINATION OF AGREFMENT: In accordance with $92.101(c) of the Code c
Federal Regulations, this Agreement cannot be terminated for a period of three federal fiz
years beginning with federal fiscal year 1994. At the conclusion of this term, any member ma
withdraw from the Consortium.
3. PROGRAM ADMINISTRATION: The Program Administrator for this Consortium shal
be the County of San Diego.
3.1 RESPONSIBILITIES OF PROGRAM ADMINISTRATOR: The Progran
Administrator shall assume overall responsibility for ensuring that the Cormtiurn'
HOME Program is carried out in compliance with Title 24, Part 92 of the Code a
Federal Regulations. The Program Administrator shall be specifically responsible for the
following :
(a)
(b)
(c)
(d)
(e)
Issuance of all Notice of Fund Availability (NOFAs);
Contract preparation and management for all HOME proposals and activities;
Receipt, disbursement and accounting of all HOME Program and match funds
Submission of a consolidated Comprehensive Housing Affordability Strategy;
Submission of all reports and data as may be required by U.S. Depment of
Housing and Urban Development;
4. CONTRACT ADMINISTRATION: The Director, San Diego County Depment 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 of other
documentation as shall be required by the County's contract administrator to audit performance
of this agreement. The Program Administrator shall provide each member of the Consmiurn a
copy of the Annual Performance Report (HUD Form #401107 and all of its attachments).
5. RECORDS AND REPORTS: The Program Administrator shall maintain records as required
by U.S. Department of Housing and Urban Development, All records of the County respecting
individual Projects and programs shall be open and available for inspection by auditors assigned
by U.S. Department of Housing and Urban Development and/or the Cities during the normal
business hours of the County. The Cities shall maintain records and submit such repm and
information as may be necessary for the County to fulfil its obligations as administrator of the
Consortium.
6. LIABILITY AND INDEMNIFICATION: Pursuant to Section 895.4 of the Gownmen:
Code, County and City agree that each will assume the full liability imposed upon it or any 0;'
its officers, agents, or employees for injury caused by a negligent or wrongful act or omission
occumng in the performance of this agreement, and each party agrees to indemnify md hold
harmless the other party for any loss, cost or expense that may be imposed upon swh other
party by virtue of sections 895.2 and 895.6 of the Government Code.
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7. NOTICE: Any notice or notices required or permitted to be given pursuant to this agreement
may be personally served on the other party by the party giving such notice or may be served
by certified mail. Notices hereunder shall be sufficient if sent by certified mail, postage prepaid
to:
8. DISTRLBUTION OF FUNDS: Funds initially awarded to the consortium shall be distributed
to 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
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 San Diego Association of Governments.
8.1 METHOD OF DISTRIBUTION: No later than 30 calendar clays from
notification by U.S. Department of Housing and Urban Development that HOME
Investment Partnership funds have been awarded to the Consortium, the Program
Administrator shall cause to be issued a Notification of Funds Availability (NOFA). The
Notice of Fund Availability shall indicate the amount of funds available to each City and
the Urban County and shall grant each jurisdiction 70 calendar days to sponsor or submit
a proposal for an eligible activity. If a proposal is not sponsored by or received from
a City, that City’s share of HOME funds 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 or any other eligible applicant through the issuance of a second Notice
of Fund Availability. The Program Administrator may include unused or recaptured
funds from a previous fiscal year in a Notice of Fund Availability for the forthcoming
fiscal year if there is at least 12 months remaining before the U.S. Department of
Housing and Urban Development recapture date.
8.3 ADMINISTRATNE FEES: Administrative fees, if any, shall be retained by the
Program Administrator for the management of the HOME Program. Only costs
associated with the management and administration of the HOME Investment Program
may be charged against HOME administrative allocations.
8.4 MATCHING CONTRIBUTIONS: Each member of the consortium shall be
responsible for meeting the federal matching requirements of 592.218 and $92.220 of the
Code of 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.
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8.5 RECAPTURE OF FUNDS: If member of the Consortium does not sponsor or
submit 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 CONTORTIUM’S OBLIGATION TO DISTRIBUTE FUNDS: If HOME funds
are not awarded to the Consortium by the U.S. Department of Housing and Urban
Development, the Consortium’s obligation to distribute those funds to Consortium
members will be terminated.
9. COMPREHENSNE HOUSING AFFORDABILITY STRATEGY (CHAS): The Program
Administrator shall be responsible for the preparation and submission of consolidated
Comprehensive Housing Affordability Strategy as required under $91.23 and §91.21(a)(l)(i),(ii)
and (iv) of the Code of Federal Regulations.
9.1 APPROVAL OF CONSOLIDATED COMPREHENSIVE HOUSING
AFTOWABILITY STRATEGY: The consolidated Comprehensive Housing
Affordability Strategy shall not be submitted to U.S. Department of Housing and
Urban Development until it has been approved by the elected representatives of
each member of the Consortium.
9.2 AMENDMENTS TO THE CONSOLXDATED COMPRE€ENSIVE
HOUSING AFFORDABILITY STRATEGY: Any required amendments to the
consolidated Comprehensive Housing Affordability Strategy shall be made in
accordance with Title 24 of the Code of Federal Regulations, Parts 91 and 570.
10. NEW MEMBERS: New members to the Consortium shall be allowed upon receipt of a
request to join the Consortium.
10.1 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 and required amendments to the Comprehensive
Housing Affordability Strategy and the Program Description, shall be paid by the
local government wishing to join the Consortium prior to becoming a member.
10.2
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10.3 AVAJLABILITY OF HOME FUNDS: HOME funds shall not be available to
a new member of the Consortium until the fiscal year in which the federal
Department of Housing and Urban Development includes that locality in its
calculations for distribution of HOME funds.
11. AUTHORITY TO JOIN CONSORTIUM: 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.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and the
year first above written.
<XU*& BY 6-2-73 BY hL+- Date&- 3I-f3
County if San Diego City of Encinitas
' LL ,G Date L/s7/fl Bp& &,/& 4 >,@I/ Date5/aq /y9
@Jmy& vista
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. Lk?gLL& <&d $%I 2s; (773
(&t'&Ld LR!) illiam D. Smith
ounty Counsel
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