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Home My WebLink AboutContracts & Agreements_65-2002_CCv0001.pdf SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM This Agreement is made by and between the Cities of Chino Hills, Rancho Cucamonga, Redlands and Rialto (hereinafter called "CITIES") 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, as amended (42 U.S.C. 12701 et seq.} and Federal Regulations have been adopted pursuant thereto, (hereinafter called the "ACT"); and, WHEREAS, Title 11 of the ACT creates the HOME Investment Partnership Program, (hereinafter called "HOME"), that provides funds to states and local governments for the acquisition, refinance, rehabilitation, and new construction of affordable housing and tenant- based rental assistance; and, WHEREAS,the ACT requires local governments to formulate and submit a Consolidated Plan, (hereinafter called "Con-Plan"), as part of the eligibility requirements for HOME funds in accordance with section 91.215 of the Consolidated Plan final rule; and WHEREAS, funds from Title 11 are distributed to metropolitan cities, urban counties, states, and consortia of local governments; and, 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; and, 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 io act in a representative capacity for all members for the purposes of the ACT and to assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the ACT, including requirements concerning the Con- Plan. NOW THEREFORE. it is agreed that: I. CITIES and COUNTY will cooperate in the forming of the County of San Bernardino HOME Consortium, (hereinafter called the "CONSORTIUM"), for the purpose of undertaking or assisting in undertaking, HOME-eligible housing assistance activities pursuant to Title 11 of the ACT, including but not limited to acquiring, refinancing, rehabilitating, and constructing affordable housing, and providing tenant-based rental assistance. 2. 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 Con-Plan. 3. CITIES shall provide to COUNTY, all necessary information and documentation as requested by COUNTY for incorporation into COUNTY's Con-Plan in compliance with Program Requirements. 4. CITIES shall have thirty (30) calendar days to approve the portions of the Con-Plan which pertain to the CITIES before COUNTY submits the final Con-Plan to the U.S. Department of Housing and Urban Development (HUD). COUNTY shall incorporate CITIES' changes in Con-Plan, if any, provided that they meet HOME Requirements. CITIES shall identify any areas designated for affordable housing activities within their jurisdiction. CITIES shall provide maps and/or detailed descriptions of such areas upon execution of this document. 5. CITIES shall approve each project ftinded with competitive HOME funds within their city boundaries prior to COUNTY approving funding of such projects, provided that the CITIES' approval or disapproval does not obstruct the implementation of the approved Con-Plan. 6. CITIES shall designate the City Administrator, or his/her designee, as the CITIES' representative to whom all notices and communications from COUNTY shall be directed. COUNTY's duty to notify CITIES 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 CITIES. 7. To carry out activities under this Agreement, COUNTY shall allocate HOME funds received under the ACT to those HOME activities described in the COUNTY's Con-Plan. 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 CITIES before making its determinations. COUNTY shall fand HOME-eligible projects within CITIES boundaries on a first-come,first-served basis. 8. CITIES shall contribute a minimum 25 percent flinding match contribution from any HOME-eligible match source for each project designated to receive HOME funds. 9. COUNTY and CITIES shall comply with all applicable requirements of the ACT and its regulations in utilizing basic grant funds under the ACT and shall take all actions necessmi, to assure compliance with COUNTY certifications required by the ACT. COUNTY and CITIES will comply with the provisions of the National Environmental Policy Act of 1969, Title VI and Vil of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, the Fair Housing Act, and other applicable federal laws. CITIES agree that HOME funding for activities in, or in support of, CITIES are prohibited if CITIES do not affirmatively further fair housing within their own jurisdictions or impede COUNTY actions to comply with its fair housing certification. Each party to this Agreement shall affirmatively further fair housing. 10, CITIES shall provide COUNTY with all information concerning CITIES and the activities CITIES carry out under this Agreement which COUNTY requires to prepare: 1) documents required to be submitted to HUD, 2) annual HOME Performance Report, and 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, CITIES agree 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. 11. Pursuant to Government Code Section 895.4. CITIES 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 CITIES' performance of this Agreement and caused by any act or omission- of CITIES, 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. 12. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify and hold harmless CITIES, 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 CITIES. 13. This Agreement shall go into effect immediately upon execution by all signatories to the Agreement and shall continue in full force and in effect until all activities funded under the terms of this Agreement, and any income generated from the expenditure of such funds, are expended and the funded activities are completed. CITIES are included in the CONSORTIUM for a period of three (33) federal fiscal years commencing on October 1, 2002, through September 30, 2005. No CONSORTIUM member may withdraw from the Agreement while the Agreement remains in effect. 14. 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 PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE COUNTY OF SAN BERNARDINO FRED AGUTAR Date Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD J. RENEE BASTIAN Clerk of the Board of Supervisors of the Countv of San Bernardino By: Date APPROVED AS TO LEGAL FO ALAN K. MARKS COUNTY COUNSEL By: Deputy County Counsel Date SAN BERNARDINO COUNTY ROME INVESTMENT PARTNERSHIP PROGRAM COOPERATIONS AGREEMENT FOR HOME CONSORTIUM SIGNATURE RE P AGE CITY OF REDLANIDS May 7, 2002 Mayor Date Attest: May 7 , 2002 City Clerk Date