HomeMy WebLinkAboutSan Diego, County of; 1999-06-01;COOPERATIVE AGREEMENT TO FORM
A HOME CONSORTIUM
This Agreement entered into by and between the CITIES OF Carlsbad, Encinitas, La Mesa, Poway,
Santee, San Marcos and Vista (hereinafter referred to as “CITIES” and the COUNTY OF SAN
DIEGO (hereinafter referred to as “COUNTY”), on June 1 1999.
WITNESETH:
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, Title II of NAHA authorizes the HOME Investment Partnerships Act known as the
HOME Program to provide housing opportunities: 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 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
Property Acquisition Policies Act of 1970; Title 24, Part 42 of -the code 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.
1.1 FAIR HOUSING: Each member of the consortium shall affirmatively further fair housing.
2. TERMINATION OF AGREEMENT: In accordance with $92.101(c) of the Code of Federal
Regulations, this Agreement cannot be terminated for a period of three federal fiscal years beginning
with federal fiscal year 2000 (2000-2001; 2001-2002; 2002-2003). Program year for the
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COOPERATIVE AGREEML A’ TO FORMA HOME CONSORTIUM Page 2 of 6
Consortium, its members, and the CDBG, HOME, ESG and HOPWA programs is, however, July I
through June 30.
3. PROGRAM ADMINISTRATION: The Program Administrator for this Consortium shall be
the County of San Diego.
3.1 RESPONSIBILITIES OF PROGRAM ADMINISTRATOR: The Program
Administrator shall assume overall responsibility for ensuring that the Consortium’s HOME
Program is carried 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, and the requirements of 24 CFR 92.350. The
Program Administrator shall be specifically responsible for the following:
(a)
@I
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. The
Program Administrator shall provide each member of the Consortium a copy of the Annual
Performance Report (HUD Form #40 1107 and all its attachments).
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 fulfil1 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 parity 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 agreement
may be personally served on the other party by the party giving such notice or may be served by
certified mail.
8. DISTRIBUTION OF FUNDS: Funds awarded to the consortium shall be distributed to
consortium members by the following formula:
A + B (C*2) DISTRIBUTION
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COOPERATIVE AGREEML .A’ TO FORMA HOME CONSORTIUM Page 3 of 6
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 (SANDAG).
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. 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 through the issuance of a second Notification. The Program Administrator
may include unused or recaptured funds from a previous fiscal year in a such notification if
there is at least 12 months remaining before the U.S. Department of Housing and Urban
Development recapture date.
8.3 ADMINISTRATIVE 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 92.2 18 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.
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 CONSORTIUM’S OBLIGATION TO DISTRIBUTE FUNDS: If HOME funds
are not awarded to the Consortium by the U.S. Department of Housing and Urban
8
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COOPERATIVE AGREEML <f TO FORMA HOME CONSORTIUM Paae 4 of 6
Development, 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 $91.23 and
$9 1.2 1 (a)( l)(i),(ii) and (iv) 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 the federal Department
of Housing and Urban Development includes that locality in its calculations for
distribution of HOME funds.
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.
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: 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.
13. THE CITY OF POWAY: This Cooperative Agreement shall only include the City of Poway if
all of the following occur: a) the City of Poway is advised by the U.S. Department of Housing and
Urban Development prior to the completion of the re-qualification process for fiscal years 2000-
COOPERATIVE AGREEML ’ TO FORM A HOME CONSORTIUh4 Pane 5 of 6
2002, that it is eligible to become a metropolitan city with Community Development Block Grant
entitlement status; and b) the City of Poway elects to take its entitlement status; and c) the City of
Poway elects to be excluded from the San Diego Urban County; and d) the City of Poway elects to
join the HOME Consortium.
14. THE CITY OF SAN MARCOS: This Cooperative Agreement shall only include the City of
San Marcos if all of the following occur: a) the City of San Marcos is advised by the U.S.
Department of Housing and Urban Development prior to the completion of the re-qualification
process for fiscal years 2000-2002, that it is eligible to become a metropolitan city with Community
Development Block Grant entitlement status; and b) the City of San Marcos elects to take its
entitlement status; and c) the City of San Marcos elects to be excluded from the San Diego Urban
County; and d) the City of San Marcos elects to join the HOME Consortium.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and the year first
above written.
By:
City of Encinitas
By:
City of La Mesa
City of Poway
By:
City of San Marcos
By:
City of Santee
Date
Date 6-2-99
Date
Date
Date
Date
Date
By:
City of Vista
Date
COOPERATIVE AGREEML _I TO FORMA HOME CONSORTIUM Pane 6 of 6
COUNTY COUNSEL STATEMENT:
The terms and provisions of this Agreement are fully authorized under State and 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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