HomeMy WebLinkAboutSan Diego, County of; 2002-05-13;COOPERATIVE AGREEMENT TO FORM
A HOME CONSORTIUM
This Agreement entered into by and between the CITIES OF Carlsbad, Encinitas, La Mesa, Santee, San
Marcos and Vista (hereinafter referred to as “CITIES”) and the COUNTY OF SAN DIEGO (hereinafter
referred to as “COUNTY”), on 2002.
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 I1 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; Title 24, Part 574
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 VI11 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, as amended (12 U.S.C.17Ol.u.); Executive Orders 11246, 11063
and 11 593; 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; OMB Circular A-133, revised June 24, 1997 Audits of States, Local Governments, and Non-profit
Organizations; 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; and, San Diego County Board of
Supervisors Policy B-39a (Disabled Veterans Business Enterprise Program).
1.1 FAIR HOUSING: Each member of the consortium shall affirmatively further fair
housing.
2A. 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
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTIUM2003-2005 Page 2 of I2
federal fiscal year 2003 (2003-2004; 2004-2005; 2005-2006). Program year for the Consortium, its
members, and the CDBG, HOME, ESG and HOPWA programs is, however, July 1 through June 30.
2B. TERM OF AGREEMENT: The qualification term of this agreement shall begin October I, 2003
and shall continue in effect until September 30,2006.
3. PROGRAM ADMINISTRATION: The Program Administrator for this Consortium shall he 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) Receipt, disbursement and accounting of all HOME Program and matching funds;
(b) Submission of all reports and data as may he required hy 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 he open and available
for inspection by auditors assigned by HUD andor 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. 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 TO CONSORTIUM MEMBERS
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).
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTIUM 2003-2005 Page 3 of 12
8.1 METHOD OF DISTRTBUTION: 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 US. Department of Housing and Urban Development 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
6
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
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.
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTIUM2003-2005 Pape 4 of 12
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 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 591.23 and §91,2l(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) heen 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.
IO. 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.
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTILJM2003-2005 Pane 5 of 12
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 govemingbody 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 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 US. Department of
Housing and Urban Development prior to the completion of the re-qualification process for fiscal years
2003-2005, 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.
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
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTIUM2003-2005 Paze 6 of 12
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
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTIlJM2003-2005 Page 7 of I2
Date Mav 13. 2002
City of Carlsbad
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTIUM2003-2005 Pape 8 of 12
By:
Title:
City of Encinitas
Date
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTIUM2003-2005 Page 9 of 12
By:
Title:
City of La Mesa
Date
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTIUM2003-2005 Pane IO of 12
By:
Title:
City of San Mareos
Date
COOPERATIVE AGREEMENT TO FORMA HOME CONSORTIUM2003-2002 Pane 11 of 12
By:
Title:
City of Santee
Date
By:
Title:
City of Vista