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HomeMy WebLinkAbout6393RESOLUTION NO 6393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF SAN BERNARDINO HOME CONSORTIUM AND THE MAYOR TO EXECUTE THE HOME CONSORTIUM COOPERATION AGREEMENT WHEREAS, there is a shortage in the County of San Bernardino (the `County") and in the City of Redlands (the `City") of decent, safe, and sanitary housing, particularly housing affordable by persons in the lower end of the purchasing and renting spectrum, and a consequent need to encourage the construction of dwelling units affordable by such persons and otherwise to increase the housing supply in the County and in the City for such persons; and 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, (the ACT"); and WHEREAS, Title II of the ACT creates the HOME Investment Partnership Program, ("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, (the `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, 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, the County 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 the requirements concerning the Con - Plan. 5-3M5 Cooperali Agr it Re oluli No. 6395.wpd NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS Section 1 Each of the foregoing recitals is true and correct. Section 2 Section 3 Section 4 The City hereby authonzes the participation in the HOME Program for the purpose of increasing the affordable housing supply in the County and in the City and consents to the operation of the said Program with respect to all property located with the geographical boundanes of the City The Cooperative Agreement, attached as Exhibit "A," between the County and the City is hereby approved, and the Mayor and City Clerk are hereby authonzed and directed to execute and deliver said Agreement for and in the name and on behalf of the City The offices and employees of the City are hereby authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution ADOPTED, SIGNED AND APPROVED this 3rd day of May, 2005 a.srofthe City ofR Attest 6-3 Cit Clerk d ands I, Lome Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 3rd day of May, 2005 by the following vote AYES Councilmembers Gil, Gilbreath, George, Harrison, Mayor Peppler NOES None ABSENT None City Clerk 5 3 05 Cooperation Agreement Resolution No. 6395 wpd County of San Bernardino FAS CONTRACT TRANSMITTAL FOR County USE ONLY X New ChangeSC Cancelel Vendor Code Dept. A Contract Number 6�/ 5-5 County Departn ent Dept. Orgn. Community Development and Housing ECD ECD Contractor's License No, County Department Contract Representative Telephone Thomas R. Laurin, Director (909) 388-0808 Adriane Rich Housina Proeram Specialist (909) 388-0915 Total Contract Amount Contract ❑ Revenue ❑ Encumbered ❑ Unencumbered Type Other: HOME Consortium © If not encumbered or revenue contract type, provide rea, on: Commodity Code Contract Start Date 10/1/05 Contract End Date 9/30/08 Original Amount N/A Amendment Amount Fund SAS Dept. ECD Organization ECD Appr. 200 Ohj/Rev Source 2006 GRC/PROD/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization 1 Appr. Obj/Rev Source I GRC/PROD/JOB No. Amount Project Name HOME Investment Partnership Estimated Payment Total by Fiscal Year FY Amount 1/D FY Amount VD Program (HOME) Cooperation Agreement for HOME Consortium Countywide CONTRACTOR San Bernardino County HOME Consortium Federal ID No. or Social Security No. N/A Contractor's Representative Adriane Rich, Housing Program Specialist Address 290 North 'D' Street, Sixth Floor, San Bernardino, CA 92415-0040 Nature of Contract: (Briefly describe the general terms of the contract) Phone (909) 388-0915 The purpose of this Agreement is to approve the federal Fiscal Year 2005 through 2008 Cooperation Agreement for continuation of a HOME Investment Partnership Program (HOME) Consortium between the County of San Bernardino and the cities of Chino Hills, Colton, Highland, Rancho Cucamonga, Redlands and Rialto. The term of this Agreement is for three (3) federal fiscal years beginning October 1, 2005 and ending September 30, 2008. The attached contract consists of 10 pages. (Attach this transmittal to all contracts not prepared on the 'Standard Contract form) Appl oved as to Legal Form sign in blue ink) County Counsel Date G- 3'dr Auditor/Controller Recorder Use Only O Contract Database ❑ FAS Input Date Keyed By Reviewed as to Contrac o pliance Date 6 2 0 Reviewed for Processing Agency Administrator/CAf7 Date June 2, 2005 SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM This Agreement is made by and between the Cities of Chino Hills, Colton, Highland, 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 II 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 II 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. NOW THEREFORE, it is agreed that: 1 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 II of the ACT including but not limited to acquiring, refinancing, rehabilitating, and constructing affordable housing, and providing tenant -based rental assistance. Page 1 of 10 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 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 fund HOME -eligible projects within CITIES boundaries on a first-come, first-served basis. 8. CITIES shall contribute a minimum twenty-five percent (25%) 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 Page 2 of 10 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 each 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, 2005, through September 30, 2008. 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. Page 3 of 10 A05-22 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE CITY OF CHINO HILLS t gVie:--,.. W C "BILL" KRUGER MAYOR Attest: /A& MARY M//McDUFFEE CIT LERK APPROVED AS TO FORM. ____,-- MARK _s MARK D HE SLEY CITY ATTORNEY // q /g /i2 L6 Date Page 4 of 10 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE CITY OF COLTON City Manager Date Attest: a -/e -os City Clerk Date AP ROVED AS TQ FORM. City At y Date Page 5 of 10 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM CITY OF HI LAND City Manager Attest: SIGNATURE PAGE Date 46 6(0,-) b 7 or City Clerl Date APPROVED AS TO FORM. vnh' I?a (D(4(tc City Atto ey Date Page 6 of 10 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE Attest: oS Date y SD coil City C rk Date APPROVED AS TO FORM. S /o Z\i,e City Attorney Date Page 7 of 10 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE CITY OF REDLANDS Attest: May 3, 2005 Date ( )�&t•4(�i�� May 3, 2005 City Clerk / Date Page 8 of 10 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE CITY OF RIALTO Attest: en (€444 a Ad444, City Clerk Date May 17, 2005 Date May 17, 2005 APPROVED AS TO FORM. /` � if1 " Date City Attorney Page 9 of 10 May 17, 2005 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE COUNTY OF SAN BERNARDINO BILL P Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO By and of Supervisors r t *9.,,,?l C°0- t auI1V� arfa APPROVED AS TO LEGAL FORM. RONALD D. REITZ COUNTY COUNSEL By JUN 2 1 20ti Date JUN 2 1 2005 Date G'3 -or ounsel Date Page 10 of 10