HomeMy WebLinkAboutContracts & Agreements_49-1999_CCv0001.pdf REPORT/ -COMMENDATION TO THE O CALOO CALIFORNIA OF SAN B ARNARDINO ND RECORD OF ACTION
Agree. 99-451 June 22, 1999
FROM: THOMAS R. LAURIN, DIRECTOR
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
SUBJECT: COOPERATION AGREEMENT FOR CONTINUATION
AND THE C T OF HOME O OORHINM
BETWEEN THE COUNTY OF SAN BERN
HILLS, RANCHO CUCAMONGA, REDLANDS, RIALTO AND VICTORVILLE
RECOMMENDATION: Approve the federal Fiscal Year 2000 through 2002 Cooperation Consortium
Rancho Cucamonga,
Agreement for continuation of a Home Invedst then C tiesnofship Chinor H Ilsm (HOM
between the County of San Bernardino a September 30, 2002.
Redlands, Rialto and Victorville, from October 1, 1999 through Sep
al Affordable
BACKGROUND INFORMATION: Congress enacted the Cranston-Gonzalez{ n ation(HOME) that
Housing Act (Act) in 1990, creating the ° t oen acquisition, rehabilitation, and new
ParPr
provides funds to states and local governments
construction of affordable housing and tenant-based rental assistance. Additionally the Act
Plan
) as part of
requires local governments to formulate a Consolidated Paan (t n- Urban Count est Statese eligiiband
ility
requirements for distribution of HOME funds to Metropo I
tC ,Consortia of Local Governments.
of
Act allows local governments to form a consortiu purposes of f thethe uActSe In o der receiving for the
The A out the
administering HOME funds and carrying
tro olitan Cities of Chino Hills, Rancho Cucamonga, Redlands, Rialto and Victorville to
Me p
in a consortium, the Act requires a cooperation agreementhe Board of Supervi cors
the Urban County.
participate Agreement (Agreement) approved by
The original HOME Consortium Ag
on March 30, 1992, will expire on September 10, 1999.
This Agreement replaces the expiring agreement and establishes the terms and provisions
Th 9the
nty
required by the HOME Program and the Con-Plan, for County,ppurposes
the eadlcentity participation
in amenduthe
a
HOME Consortium. The Agreement authorizes the
ntire Consortium and to add ne`^te
mbers
o the
Agreement on behalf of the eterminating September Consortium.302002 share of federal
term of this agreement is for three federal fiscal yea
Formation of a HOME Consortium will allow the County to capture a larger
HOME dollars and expand the County's service area.
Record of Action of the Board of Supervisors
AGREEMENT NO. 99-451
cc: ECD--Tom Laurin w/2 agrees. aPPR�VED.�a- F SUPERVISORS
Cities of Chino Hills, Rancho ARDINO
Cucamonga, Redlands, COUNTY CF_31d► +rr .
Rialto,Victorville(5)w/agree. AY9 MOVE
MOTION .'fi"t' 4 5
c/o ECD �,.
irr .a <
Auditor wlagreement D
SBD wlagreement EARLENE SPRDA'�, R
J ; i D
LUS/Planning-Ron Riley BY
Risk Management r.
PSG DATED: Jury2211 9 `r`f"`rte'
File wlagreement G'
ITEM 092
Rev 07!97
mll �,
r OR CONTINUATION OF HOME CONSORTIUM BETWEEN
COOPERATION AGREEMENT F
• TY OF SAN BERNARDINO AND THE CITIES OF CHINO HILLS, RANCH
THE COUNTY
CUCAMONGA, REDLANDS, RIALTO AND VICTORVILLE
June 22, 1999
Page 2 of 2
reviewed and approved by Deputy County Counsel
REVIEW BY OTHERS: The agreement was
; Risk Management
June
Michelle D. Blakemore on June 9, 1999June 9, 1999.9 1999' and the
Department's Contract Compliance designee (David Larsen) on the County's HOME
FINANCIAL IMPACT: All costs associated n ithhe County General Fpnd from
Program funds. This action has no effect o
SUPERVISORIAL DISTRICTS: All-
PRESENTER: Thomas R. Laurin, Director, 388-0808.
I
JUNE 22, 1999
ITEM 029
FOR COUNTY USE ONLY Contract Number
Vendor Code Dept.
E x New 99-451
M Change Cj
Contractor's License No.
x Cancel Dept. Orgn.
County Department
ECD
conomic and Community Development ECD Ph.Ext. Amount of Contract
County Department Contract Representative
(909)388-0808 GRC/PROJ/JOB Number
omas R.Laurin,Director r Obj/Rev Source Activity
Dept. Organization APP• 426`
County of San Bernardino Fund CD 00 006
BA CDYear
FAS Estimated Payment Total FY FFiscal Amount I/D
Commodity Code FY Amount UD
CONTRACT TRANSMITTAL Project Name --- _
Cooperation agreement for HOME ----- —
Consortium ------- ____-------
CONTRACTOR San Bernardino County HOME Consortium
Federal ID No. or Social Security No. N-A
Birth Date NIA
Contractor's Representative Julie Rynerson Hemphill,Deputy Director
Phone 909-388-0900
Address 290 North"D" Street, 6'Floor,San Bernardino,CA 92415-0040
Nature of Contract. (Briefly describe the general terms of the contract) Agreement for
The purpose o
f this Agreement is to approve the Federal Fiscal Year 2000 through 2002 Cooperation of SanBernardino and the
Cucamonga, Redlands, Rialto and Victorville. The term of this agreement is for three
continuation of a Home Investment Partnership Program (HOME) Consortium between the County
Cities of Chino Hills, �', Rancho er 30, 2
federal fiscal years teriinating September 30, 2002.
(Attach this transmittal to all contracts not prepared on the "Standard Contract"form.) Reviewed for Processing
Reviewed as to Affirmative Action
Approved as to Leg Form
10-
Agency
Agency Administrator/CAO
County Counsel 77 Date
Date C�
Date
SAN BERNARDINO COUNTY
HOME INVESTMENT IN AFFORDABLE HOUSING PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
f Chino Hills, Rancho Cucamonga, Redlands, Rialto
This Agreement is made by and between the Cities oof San Bernardino, (hereinafter called"COUNTY")•
and Victorville (hereinafter called"CITIES") and the County
AS the Congress of the United States has enacted the Cranston-Gonzales
been ales Nationalted Affordable hero
WHERE q and Federal Regulations h
Housing Act, as amended (42 U.S.C. 12701 et seq.)
(hereinafter called the "ACT"); and
WHEREAS,
Title II of the Act creates the HOME Investment in Affordable
Housing erner
called "HOME"), that provides funds to states local
enents sr the asrefinance,
and new construction of affordable housing, and tenant-based rental assistance;
WHEREAS,
the ACT requires local governments to formulate and submit co dancer with ran, (hereinafter
of
called "Con-Plan"), as part of the eligibility requirements for HOME funds m a
the Consolidated Plan final rule; and
WHEREAS, funds from Title II are distributed to metropolitan cities, urban counties, States, and consortia
of local governments;
e ACT allows local governments to form a consortia for the purpose of receiving and
WHEREAS, th
administering HOME funds and carrying out purposes of the ACT,
WI-IEREAS,
the ACT requires that a local government member of an urban county may participate in a
consortium only through the urban county, and
S the Act requires that a consortium shall have one member unit of general local government
WHEREAS, purposes of the ACT and to assume overall
authorized to act in a representative capacity for all members purposd out in compliance with the ACT,
responsibility for ensuring that the consortium's HOME program
including requirements concerning the Con-Plan;
THEREFORE, it is agreed that: Consortium,
LINTY will cooperate in the forming of the County of San BS rn ndinn HOME u dertakingHOME
1. CITIES and CO ose of undertaking ora g
hereinafter called the "CONSORTIUM", for the pure
eligible housing assistance activities pursuant to ehou11 sing, and providing tenant-based f the ACT but not limited to acquiring,
rental assistance.
refinancing, rehabilitating, and constructing, affordable
as the representative member of the CONSORTIUM for purposes of the ACT and
2. COUNTY shall act for ensuring that the Consortium's HOME Program is carried out in compliance with
assume overall responsibility
Pro solidated Plan sometimes referredto as
the requirements the gram, including requirements concerning a Con
"Con-Plan'.
3• CITIES shall provide to COUNTY, all necessary information and documentation as requested by
or inco oration into County's Consolidation Plan in compliance with program requirements
COUNTY,f rP
30 calendar days to approve the portions of the Consolidated Plan which pertain
4, CITIES shall have thirty ( ) provided that they meet HOME
to the CITIES before
COUNTY submits final Consolidated Plan to the U.S. Department of Housing and Urban
Development. COUNTY shall incorporate CITIES' for affordable housing acges in Con-Plan, if any, tivities within their jurisdiction.
chan
requirements. CITIES shall identify any areas designated
CITIES shall provide maps and/or detailed descriptions of such areas upon execution of this document.
competitive HOME funds within their city boundaries prior
provided that the CITIES approval or disapproval does not
5, CITIES shall approve each project funded with
to COUNTY approving funding of such projects, p
obstruct the implementation of the approved Con-Plan. he CITIES' representative to whom
(. CITIES shall designate the City Administrator or his/her designee as t to notifyCITIES shall be
ty
all notices and
communications from COUNTY shall be directed. COUNTY'S Vt is the exclusive duty of the
complete when the communication is sent to
individualsed repand departments within the CITIES.
designated representative to notify the pp P rovisions of the
Counsel that the terms and p
7. It is the opinion of the County of San Bernardino County Agreement provides full legal authority for the
he
Agreement are fully
authorized under Stat e and local law and tass stance activities for the HOME Investment
consortium to undertake or assist in undertaking housing
partnership Program.
der this Agreement, COUNTY shall allocate HOME funds HOME requirements,
8. To carry out activities un 'S Con-Plan. If necessary to
ACT to those HOME activities describedNaccordanccin the enty w with such needs, objectives, or strategies as COUNTY shall
funds will be reallocated by COUN boundaries on a first-come first-
its
In preparing such needs,
objectives,ectives, or strategies, COUNTY shall consult with the CITIES before making
its
determinations. COUNTY shall fund HOME eligible projects within CITIES bo
served basis.
um 25 percent funding match contribution from any HOME eligible match
9.
CITY shall contribute a minim
source for each project designated to receive HOME funds.
comply with all applicable requirements of the ACT and its regulations in
COUNTY and CITIES shall p Y to assure compliance with County
utilizing g COUNTY and CITIES will comply with the provisions of the National
basic rant funds under the ACT and shall take all actions necess VIII of the Civil Rights
certifications required by the ACT. Rights Act of 1964, Title
Environmental Policy Act of 1969, Title VI and VII of the Civil Rig CITIES
further fair
1988 the Fair Housing Act, and other applicable fedenotlaffirmCITIBS agree that
Act of 1968, Executive Order 1 of CITIES are prohibited if CITIES do certification.
HOME funding for activities in or in supportwith its fair housing
housingwithin their own jurisdictions or impedes COUNTY actions to comply
Each party to this agreement shall affirmatively further fair housing.
CITIES and the activities CITIES carry
requires to prepare
1) documents required to be submitted to HUD, 2)
11. CITIES shall provide COUNTY with all information concerning , out eligible housing
out under this agreement which COUNTYNuch other documents as COUNTY may require to carry
annual HOME performance report, 3) prescribed by COUNTY. In
tall records concerning the activities carried out under this
activities or meet Federal requirements. All information shall be submitted on forms
addition, CITIES agree to make available upon req
agreement for inspection by COUNTY or Federal officials during regular business hours. less
afire and hold harm
pursuant to Government Code Section 895.4, CITIES
shall defend, indemnify
1 ssesl of any type, and from
12. Purs agents from all claims,
COUNTY, its officers, employees, and ag erformance of this Agreement an
penalties or damages of any type,resulting from CITIES p
fines, failure to comply with any requirement of the ACT or the
liability for any P
caused by any act or omission ofCITIES, the ex n that any such claims, suits, actions, losses, or liability arises
HOME program described hereinexcept
from any act or omission of COUNTY.
Code Section 895.4, COUNTY shall defend, indemnify and
nand from liability
13. hold harmless
Pursuant to Government C eyes o ance of this Agreement and
its officers, employees, and agents from all claims, TsCactions
tt1NTY s losses of anytype,
CITIES, i es of any type, resulting from
for all fines, penalties or damag failure to comply with any requirement of the ACT or the
caused by any act or omission of COUNTY,to tincluding
e extent gthat any such claims, suits, actions, losses, or liability arises
HOME program described herein, except
from any act or omission of CITIES.
effect immediately upon execution by all signatoriesto
Athe re mentmand any
14. ent and
This Agreement shall go into completed.
shall continue in full force and in effect until all activities expended, and thefunded activities are comp 1
income generated from the expenditure of a period of three (3) federal fiscal years commencing on October ,
No consortium member may withdraw from the agreement while the
CITIES are included in the Consortium fora
1999 through September 30, 2002.
agreement remains in effect.
l
15. This Agreement authorizes the COUNTY, as the lead entity, to amend the Consortium Agreement on
behalf of the entire CONSORTIUM to add new members to the CONSORTIUM.
SAN BERNARDINO COUNTY
HOME INVESTMENT IN AFFORDABLE HOUSING PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
COUNTY OF SAN BERNARDINO
J01 MIKELS N � �
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Date: N 2 2 �
APPROVED AS TO LEGAL FORM:
ALAN K. MARKS
COUNTY COUNSEL
By: `
Deputy 0 y C unsel
SAN BERNARDINO COUNTY
HOME INVESTMENT IN AFFORDABLE HOUSING PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
CITY OF CHINO HILLS
Gary 6. Larson
Mayor
Attest:
Linda D. Ruth
City Clerk
APPROVED AS TO FORM:
Mar Hensley
City Attorney
SAN BERNARDINO COUNTY
HOME INVESTMENT IN AFFORDABLE HOUSING PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
=OCHOGA
WILLIAM J. ALE DER, Mayor /
Attest:
'1
e ie Ada '
City Clerk *J;
APPROVED AS TO FORM:
gM
arkman
)City Attomey
SAN BERNARDINO COUNTY
HOME INVESTMENT IN AFFORDABLE HOUSING PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
CITY OF REDLANDS
William . Cunningham
Mayor
Attest:
Lorri oyzer I
City Clerk
SAN BERNARDINO COUNTY
HOME INVESTMENT IN AFFORDABLE HOUSING PROGRAM
COOPERATION AGREEMENT FOR.HOME CONSORTIUM
SIGNATURE PAGE
CITY OF RIALTO
Jo uzzetta
,City Administrat r
Attest:
ar ara A. McGee
City Clerk
APPROVED AS TO FORM:
l
fARobert A. Owen
City Attorney
SAN BERNARDINO COUNTY
HOME INVESTMENT IN AFFORDABLE HOUSING PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
CITY OF VICTORVILLE
Terry E. Caldwell
Mayor
Attest:
Carolee Stotko
City Clerk
APPROVED AS TO FORM:
/�� /f
Henrr. Kraft
City