HomeMy WebLinkAboutContracts & Agreements_13-1992_CCv0001.pdf s
" MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORN A-x
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Inc. Cities: Redlandshr;
March 30, 1992
Affordable Housing
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FROM: THOMAS R. LAURIN, Director
Department of Economic and Community Development
SUBJECT: COOPERATION AGREEMENT FOR FORMATION OF A HOME CONSORTIUM
CITY OF REDLANDS
RECOMMENDATION: Approve the 1993-94 Cooperation Agreement for formation of
a Home Investment in Affordable Housing (HOME) Consortium between the County
of San Bernardino and' the City of Redlands.
BACKGROUND INFORMATION: The Congress of the United States recently enacted
the Cranston Gonzales National Affordable Housing Act ("Act"). Title II of
the Act creates the Home Investment in Affordable Housing ("HOME") Program
that provides funds to states and local governments for acquisition,
rehabilitation, and new construction of affordable housing and tenant-based
rental assistance. Additionally, the Act requires local governments to
formulate a Comprehensive Affordability Strategy (CHAS) as part of the
eligibility requirements for distribution of HOME funds to metropolitan
cities, urban counties, states, and consortia of local governments.
The Act allows local governments to form a consortium for the purpose of
receiving and administering HOME funds and carrying out the purposes of the
Act. In order for the City of Redlands to participate in a consortium, the
Act requires that it be done through an urban county.
This Cooperation Agreement establishes the terms and provisions, as required
by the HOME Program and the CHAS, for cooperation between the County and the
City of Redlands for the purposes of participation in the County's HOME
Program. The County and the City would agree to enter into further
agreements as necessary.
REASON FOR RECOMMENDATION: Board approval of this Cooperation Agreement is
required to allow Redlands to participate in the HOME Program.
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BY
DATED: MARCH 30, 199
14-9507-000
Rev.10/81 ITE M
COOPERATION AGREEMENT =FOR FORMATION OF A HOME CONSORTIUM
CITY OF REDLANDS
MARCH 30, 1992
PAGE 2 OF 2
REVIEW BY OTHERS: The Agreement was reviewed by Paul St. John, Deputy County
Counsel, on March 20, 1992; by Risk Management (Kathy Brill) on March 20,
1992; and by Contract Compliance (Art Gomez) on March 23, 1992. The City of
Redlands approved the Agreement at a City Council meeting on March 17, 1992.
This action was reviewed by staff of the Third Supervisorial District.
FINANCIAL DATA: This action will not affect the County General Fund.
PRESENTER: Thomas R. Laurin, Director, Ext. 4594.
FOR COUNTY USE ONLY
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County Department Dept. orgn. Contractor's License No.
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I I 1 County Department Contract Representative Ph, Ext. Amount of Contract
Thelma J. Moore, Deputy Director 5401 N/A
County of San Bernardino Fund Dept, 1 organization Appr. objlRev Source Activity C,RCIPR(JJ1JOB Number l
F A S SEBA ECD PROD 200 2005
Commodity Code Estimated Payment Total by Fiscal Year
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11993-1994 CITYCOUNTY COOPERA-11ON
I
AGREEMENT
1
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CONTRACTOR COOPERATING CITY-CITY OF REDLANDS
Birth Date N/A Federal ID No. or Social Security No. N/A
Contractor's Representative Jeff Shaw, Director of Planning and Community Development
Address P.O. Dox 3005,2 Redlands Plaza, Redlands, CA 92373 Phone (714) 798-7555
Nature of Contract: (Briefly describe the general terms of the contract)
The attached Cooperation Agreement is required to establish the participant
in the HOME Investment in Affordable Housing (NOME) Program and sets forth
the County's responsibility for determining the disposition and distribution
of all HOME funds. Ander the Agreement the County retains its current level
of authority and responsibility for administering the HOME Program, both
within and outside the Cooperating City. This Agreement will remain in effect
through federal fiscal year 1993, and the remaining term of the City's
Community Development Block Grant Cooperation Agreement.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form,)
Approv as to regal Form Reviewed as to Affirmative Action Reviewed for Processing
� 1
County Counsel ( Agency Administrator/CAO
Date ? ( Date Date
02-12294-000 Rev. 11190
HOME INVESTMENT IN AFFORDABLE HOUSING PROGRAM
COOPERATIVE AGREEMENT
This Agreement is made by and between the City of Redlands (hereinafter
called "CITY") and the County of San Bernardino, (hereinafter called "COUNTY") .
WHEREAS, the Congress of the United States has enacted the Cranston
Gonzales National Affordable Housing Act of 1990 and Federal Regulations have
been adopted pursuant thereto, hereinafter called the "ACT" ; and
WHEREAS, Title 11 of the Act creates the HOME Investment in Affordable
Housing Program, hereinafter called "HOME" , that provides funds to states and
local governments for the acquisition, rehabilitation, and new construction of
affordable housing, and tenant-based rental assistance; and
WHEREAS, the ACT requires local governments to formulate a Comprehensive
Housing Affordability Strategy, hereinafter called "CHAS" , as part of the
eligibility requirements for HOME funds; and
WHEREAS, funds from Title II are distributed to metropolitan cities, urban
counties, States, and consortia of local governments;
WHEREAS, the ACT allows local governments to form a consortia for the
purpose of receiving and administering HOME funds and carrying out purposes of
the ACT;
WHEREAS, the ACT requires that a local government member of an urban county
may participate in a consortium only through the urban county, and
WHEREAS, the Act requires that a consortium shall have one member unit of
general local government authorized to act in a representative capacity for all
members for the purposes of the ACT and to assume overall responsibility for
ensuring that the consortiums HOME program is carried out in compliance with the
ACT, including requirements concerning the CHAS;
THEREFORE, it is agreed that:
1. CITY and COUNTY will cooperate in the forming of the County of San
Bernardino HOME Consortium, hereinafter called the "CONSORTIUM", for the purposes
of undertaking or assisting in undertaking HOME eligible housing assistance
activities pursuant to Title II of the ACT including, but not limited to
acquiring, rehabilitating, and constructing, affordable housing, and providing
tenant-based rental assistance.
L COUNTY shall act as the representative member of the CONSORTIUM for
purposes of the ACT and assume overall responsibility for ensuring that the
Consortium's HOME Program is carried out in compliance with the requirements of
the program, including requirements concerning a Comprehensive Housing
Affordability Strategy (CHAS) .
3. CITY shall have thirty (30) calendar days to approve the portions of the
CHAS which pertain to the CITY before COUNTY submits final CHAS to the U.S.
Department of Housing and Urban Development. COUNTY shall incorporate CITY
changes in CHAS, if any, provided that they meet HOME requirements.
4. CITY shall approve each project funded with HOME funds within their city
boundaries prior to COUNTY approving funding of such projects, provided that the
CITY approval or disapproval does not obstruct the implementation of the approved
CHAS.
5. CITY designates the City Administrator or his/her designee as the CITY
representative to whom all notices and communications from COUNTY shall be
directed. COUNTY'S duty to notify CITY shall be complete when the communication
is sent to the designated representative. It is the exclusive duty of the
designated representative to notify the appropriate individuals and departments
within the CITY.
6. It is the opinion of the County of San Bernardino County Counsel that the
terms and provisions of the Agreement are fully authorized under State and local
law and the Agreement provides full legal authority for the consortium to
undertake or assist in undertaking housing assistance activities for the HOME
Investment Partnership Program.
7. To carry out activities under this Agreement, COUNTY shall allocate to CITY
a portion of HOME funds received under the ACT. Initial allocations shall be
determined by a formula approved by the CONSORTIUM. If necessary to meet HOME
requirements, funds will be reallocated by COUNTY in accordance with such needs,
objectives, or strategies as COUNTY shall decide. In preparing such needs,
objectives, or strategies, COUNTY shall consult with the CITY before making its
determinations.
8. Each party to this agreement shall affirmatively further fair housing.
9. CITY shall provide COUNTY with all information concerning CITY and the
activities CITY carries out under this agreement which COUNTY requires to
prepare: 1) documents required to be submitted to HUD, 2) annual HOME performance
report, 3) such other documents as COUNTY may require to carry out eligible
housing activities or meet Federal requirements. All information shall be
submitted on forms prescribed by COUNTY. In addition, CITY agrees to make
available upon request all records concerning the activities carried out under
this agreement for inspection by COUNTY or Federal officials during regular
business hours.
10. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify and
hold harmless COUNTY, its officers, employees, and agents from all claims, suits,
actions or losses of any type, and from liability for any fines, penalties or
damages of any type, resulting from CITY's performance of this Agreement and
caused by any act or omission of CITY, including failure to comply with any
requirement of the ACT or the HOME program described herein except to the extent
that any such claims, suits, actions, losses, or liability arises from any act
or omission of COUNTY.
2
11. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify
and hold harmless CITY, its officers, employees, and agents from all claims,
suits, actions or losses of any type, and from liability for all fines, penalties
or damages of any type, resulting from COUNTY's performance of this Agreement and
caused by any act or omission of COUNTY, including failure to comply with any
requirement of the ACT or the HOME program described herein, except to the extent
that any such claims, suits, actions, losses, or liability arises from any act
or omission of CITY.
12. This Agreement shall go into effect immediately upon the signature of both
parties and shall continue in full force and in effect until all activities
funded for Federal fiscal years during which CITY was a participating
jurisdiction in the CONSORTIUM are completed. CITY will be included in the
Consortium for a minimum of one (1) Federal fiscal year, fiscal year 1993, and
the remaining term of the Cooperation Agreement for Community Development Block
Grant Funds.
CITY OF RED S COUNTY OF SAN BERNARDINO
Mx 11V
Chairman of the Board of
Supervisors
Attest: SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
/I Gity C�#
EARLENE SPROAT
Clerk of the Board of
APPROVED AS TO FORM: Supervisors of the County
of San Bernardino
By:
City Atk*neyl I
14
APPROVED AS TO FORM:
Alan Marks, County Counsel
Paul St. John, Deputy Counsel
3/3/92/vm
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11. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify
and hold harmless CITY, its officers, employees, and agents from all claims,
suits, actions or losses of any type, and from liability for all fines, penalties
or damages of any type, resulting from COUNTY's performance of this Agreement and
caused by any act or omission of COUNTY, including failure to comply with any
requirement of the ACT or the HOME program described herein, except to the extent
that any such claims , suits, actions, losses, or liability arises from any act
or omission of CITY.
12 . This Agreement shall go into effect immediately upon the signature of both
parties and shall continue in full force and in effect until all activities
funded for Federal fiscal years during which CITY was a participating
jurisdiction in the CONSORTIUM are completed. CITY will be included in the
Consortium for a minimum of one (1) Federal fiscal year, fiscal year 1993, and
the remaining term of the Cooperation Agreement for Community Development Block
Grant Funds.
CITY OF REDLANDS COUNTY OF SAA;N�BERNNA�RDINO
Maw Chairma of the Board of
Supervisors MAR 3 0 1992
Attest: SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
_ TO THE CHAIRMAN OF THE BOARD
City , e k
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APPROVED AS TO FORM: County
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Paul St. Joh CU�ty
Counsel
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