HomeMy WebLinkAboutContracts & Agreements_59-2002_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
Agreement No. 02-502
June 18, 2002
FROM: THOMAS R. LAURIN, DIRECTOR
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
SUBJECT: COOPERATION AGREEMENT FOR CONTINUATION OF HOME
CONSORTIUM BETWEEN THE COUNTY OF SAN BERNARDINO AND THE
CITIES OF CHINO HILLS, RANCHO CUCAMONGA, REDLANDS AND
RIALTO
RECOMMENDATION: Approve the Federal Fiscal Year 2003 through 2005 Cooperation Agreement for
continuation of a Home Investment Partnership Program (HOME) Consortium between the County of San
Bernardino and the cities of Chino Hills, Rancho Cucamonga, Redlands and Rialto, from October 1,
2002, through September 30, 2005,
BACKGROUND INFORMATION. Congress enacted the Cranston-Gonzales National Affordable Housing
Act (Act) in 1990 creating the Home Investment Partnership Program (HOME) 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
Consolidated Plan (Con-Plan) 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 metropolitan cities of Chino Hills,
Rancho Cucamonga, Redlands and Rialto to participate in a Consortium, the Act requires a Cooperation
Agreement with the urban county. The prior HOME Consortium Agreement(Agreement) approved by the
Board of Supervisors on June 22, 1999, will expire on September 30, 2002. The Department of Housing
and Urban Development(HUD) requires the new Agreement to be approved no later than June 30, 2002.
This Agreement replaces the expiring Agreement and establishes the terms and provisions required by
the HOME Program and the Con-Plan, for the purposes of participation in the County HOME Consortium.
The Agreement authorizes the County, as the lead entity, to amend the Agreement, on behalf of the
entire Consortium and to add new members to the Consortium. The term of this Agreement is for three
federal fiscal years terminating September 30, 2005. Formation of a HOME Consortium will allow the
County to capture a larger share of Federal HOME dollars and expand the County's service area.
REVIEW BY OTHERS: The Agreement was reviewed and approved by the County Administrative Office,
Patricia M. Cole, Administrative Analyst 111, on June 9, 2002, the Department of Economic and
Community Development's Contract Compliance Designee, Arthur Milian, on June 10, 2002: and Deputy
County Counsel, Michelle D. Blakemore, on June 10, 2002.
FINANCIAL IMPACT. All costs associated with this action will be paid from the County's HOME
Program funds. This action has no effect on the County General Fund,
SUPERVISORIAL DISTRICTS: All
PRESENTER: Thomas R. Laurin, Director, 385-0808.
Record of Action of the Board of Supervisors
1-.1-Agreement No.02-502
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Cities of Chino Hills,Rancho BERNARDINO
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Rev. 3to2 File w./agreement ITEM 012
FOR COUNTY USE ONLY
New Vendor Code Dept. Contract Number
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1 Coun#y Department Dept. Orgn, Contractors License No.
Economic and Community Development ECD
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino IlThomas R. Laurin, Director {909}388 0808
F A S Contract Type
I} Revenue E Encumbered El Unencumbered
❑ Other:
CONTRACT TRANSMITTAL ' if not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Arriendment Amount
10/1/02 9130105
Fund Dept, Organization Appr. Obj/Rev Source GRCIPROJIJOB No. Amount
11 4426
Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJIJOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJIJOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
HOME investment FY Amount UD FY Amount I/D
Partnership Act-
Crinperatinn Agraamnnt
CONTRACTOR San Bernardino County HOME Consortium
Federal ID No. or Social Security No. N/A
Contractor's Representative Brian Turnbull, Program Manager
Address 290 North "D" Street, 6th Floor, San Bernardino; CA 92415-0040 Phone (909)388-0855
Nature of Contract: (Briefly describe the general terms of the contract)
The purpose of this Agreement is to approve the Federal Fiscal Year 2002 through 2005 Cooperation Agreement for
continuation of a Home Investment Partnership Program (HOME) Consortium between the�County of San Bernardino and the
cities of Chino Hills, Rancho Cucamonga, Redlands and Rialto. The term of,this Agreement is for three federal fiscal years
beginning October 1, 2002, and ending September 30, 2005.
The attached contract.'agreement consists of_ pages.
(Attach this transmittal to all contracts not prepared on the4"Standard Contract'form.)
App oved as to Legal Form n in blue ink) Reviewed as to Contract Compliance Reviewed for Processing
N
County Counsel t Agency AdinistratorlCAO
Date kW Date Date
AuditorlController-Recorder Use Only
E]Contract DatalbisiM CITASE
Input Date Ke ed B
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 to 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.
NOWT BEFORE, 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 funded 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 HONE 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 fund HOME-eligible projects within CITIES boundaries on a
first-come, first-served basis.
& CITIES shall contribute a minimum 25 percent funding 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 necessary 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
VII 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 (3) 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
JUN 18 2002
FRED AGUTAR Date
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIN OF THE BOARD
J. RENEE BASTIAN
C Aft-'�' �d of Supervisors
�e �aly Bernardino
By. JUN 1 8
, _ �
Date
QO
15 r
APPROVED AS TO LEGAL FORM:
ALAN R. MARKS
COUNTY COUNSEL
Bv. t
DeputIty ounsel__ Date
SAN BERNARDINO COUNTY
HOME INVESTMENT PARTNERSHIP PROGRAM
COOPERATION AGREEMENT FOR DOME CONSORTIUM
SIGNATURE PAGE
CIT ' O DILLS
WENN NO - Y Dates'
Ma or
i"
Attest:
x= � - L dr
LINDA RUTH
Dat
City Clerk
APPROVED AS TO FORM:
n
MARK.D. HES LEY Date '
City Attorney
F
SAN BERNARDINO COUNTY
HOME INVESTMENT PARTNERSHIP PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
CITY OF RAN O CU N A
c
Date
Mayor
Attest:
A119L
Date
City Clerk
APPROVED AS TO FORM:
/cz
Date
City Attorney
SAN BERNARDINO COUNTY
HOME INVESTMENT PARTNERSHIP PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
CITY OF REDLANDS
May 7, 2002
Mayor Date
Attest:
May 7, 2002
Date
City Clerk
SAN BERNARDINO COUNTY
HOME INVESTMENT PARTNERSHIP PROGRAM
COOPERATION AGREEMENT FOR HOME CONSORTIUM
SIGNATURE PAGE
CITY OF RIALTO
City Administrator Date
Attest:
d
City Clerk Date
APPROVED AS TO FORM:
—A��—�/ - &.2 glo 2-
City Attorney
Date