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HomeMy WebLinkAbout2014-151 1 RESOLUTION NO. 2014-151 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO THE 3 COUNTY OF SAN BERNARDINO HOME INVESTMENT PARTNERSHIP 4 CONSORTIUM 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The City Manager is hereby authorized and directed to execute on 8 behalf of said City an agreement with the County of San Bernardino Housing and Community 9 Development Department to enter the San Bernardino Home Investment Partnership Program 10 11 Consortium. A copy of which is attached hereto marked Exhibit "A" and incorporated herein 12 by reference as fully as though set forth at length. 13 SECTION 2. This policy shall take effect immediately upon adoption of this 14 Resolution. 15 /// 16 17 /// 18 111 19 /// 20 /// 21 /// 22 23 /// 24 /// 25 /// 26 /// 27 28 2014-151 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO 2 THE COUNTY OF SAN BERNARDINO HOME INVESTMENT PARTNERSHIP CONSORTIUM 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting 6 thereof, held on the 2nd day of June , 2014, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ x 10 BARRIOS 11 VALDIVIA x 12 SHORETT x 13 NICKEL x 14 JOHNSON x 15 16 MULVIHILL x 17 Aim? 18 Georgea Hanna,Yy Clerk 19 The foregoing resolution is hereby approved this 7 day of June , 2014. 20 21 22 R. Carey D is, Mayor City of Sa Bernardino 23 Approved as to form: 24 Gary D. Saenz, City Attorney 25 26 By. ' 27 28 2014-151 SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM For Federal Fiscal Years 2015-2017 and Subsequent Automatic Renewals Unless Terminated This Agreement is made by and between the City of Chino Hills, City of Rancho Cucamonga, and the City of San Bernardino (hereinafter called "CITIES") and the County of San Bernardino (hereinafter called "COUNTY"). WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez 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 Partnerships 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 as a Lead Entity for all members for the purposes of the ACT, has the sufficient legal authority and administrative capacity to carry out the purposes of the HOME program on behalf of its members, and assumes overall responsibility for ensuring that the consortium's HOME Program is carried out in compliance with the ACT, including requirements concerning the Con-Plan; and, WHEREAS, the HOME Consortium members are the cities of Chino Hills, Rancho Cucamonga, San Bernardino, and the County of San Bernardino, which also includes twelve (12) additional non-entitlement cities identified as participating units of local government under the Community Development Block Grant program, and all members agree to collaborate on approaches to local and regional housing needs; and, WHEREAS, COUNTY and CITIES desire this Cooperation Agreement to automatically renew for a new three (3)-year term each time COUNTY re-qualifies as a HOME Consortium, which is every three (3) years, until such time as the City Council for any City or the Board of Page 1 of 9 2014-151 Supervisors on behalf of COUNTY elects to terminate this Agreement under the requirements for termination described herein; and, WHEREAS, federal fiscal years 2015 through 2017 represent the initial three-year qualification period, which begins October 1, 2014 and ends September 30, 2017. Funds awarded by HUD during this three-year qualification period will be allocated during the County's HOME Program fiscal years 2015-16 through 2017-18, which begin July 1, 2015 and end June 30, 2018. WHEREAS, in order for the automatic renewal provisions of this Agreement to be approved by HUD, HUD requires this provision to be stipulated as part of the Agreement and submitted to HUD only at the conclusion of the preceding three-year qualification period, to be applicable for a subsequent three-year period, and this requirement is met and evidenced by the timing of this Agreement; and, WHEREAS, HUD establishes deadlines for notification of participation in the HOME Consortium by COUNTY to HUD, COUNTY to CITIES, and CITIES to COUNTY, as to whether participation is planned for the upcoming three-year qualification period; and, WHEREAS, a resolution has been adopted by each participating City authorizing and approving this Agreement, inclusive of the automatic renewal provisions for successive three-year qualification periods as summarized herein according to HUD Regulation. 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 "HOME CONSORTIUM" or "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, rehabilitating, and constructing affordable housing. 2. COUNTY shall act as the Lead Entity 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 in a timely manner, 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 from receipt of draft from COUNTY to review and approve those portions of the Con-Plan which pertain to the City before COUNTY submits the final Con-Plan to the U.S. Department of Housing and Urban Development (HUD). COUNTY shall incorporate submitted changes in Con-Plan, if any, provided 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 provide a letter of support from City Manager for each project funded with competitive HOME funds within their boundaries prior to COUNTY approving funding of such Page 2 of 9 2014-151 projects, provided that any City-prescribed conditions surrounding said support do not obstruct the implementation of the approved Con-Plan. 6. CITIES shall designate the City Administrator, City Manager or his/her designee ("City 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 City Representative. It is the exclusive duty of the City Representative to notify the appropriate individuals and departments within the City. 7. In order 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. 8. CITIES shall contribute a minimum twenty-five percent (25%) funding match contribution from any HOME-eligible match source for each project located within its jurisdiction 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, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Section 3 of the Housing and Urban Development Act of 1968, Title VI and VII of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, the California Fair Employment and Housing Act (FEHA), including any amendments, and other applicable federal laws. CITIES agree that HOME funding for activities in, or in support of, City is prohibited if City does not take action or participate in programs that affirmatively further fair housing within their own jurisdiction or impede COUNTY actions to comply with its fair housing certification. CITIES may be required to demonstrate how they comply with the fair housing requirement. Furthermore, CITIES hereby covenant by and for themselves, their successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, familial status, disability, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of any Project funded by HOME funds, nor shall a City itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees, or vendees in any Project funded as a result of this Agreement. CITIES shall refrain from restricting the rental, sale or lease of any Project funded as a result of this Agreement on the basis of race, color, creed, religion, sex, marital status, familial status, disability, national origin or ancestry of any person. CITIES shall implement and follow federal requirements for proposed HOME projects when approving entitlements, including, but not limited to, regulations related to environmental and historic preservation, and lead-based paint. Page 3 of 9 2014-151 10. CITIES shall provide COUNTY with all information concerning City and any activities City carries out under this Agreement for which COUNTY is required to prepare: 1) documents required to be submitted to HUD, 2) annual HOME Performance Report, and 3) such other documents as HUD may require in order to carry out eligible housing activities and/or meet federal requirements. 11. This Agreement shall automatically be renewed for the CONSORTIUM's participation in successive qualification periods of three federal fiscal years each. No later than the date specified by HUD's consortia designation notice or HOME Consortia web page, COUNTY shall notify each CONSORTIUM Member in writing of its right to decide not to participate in the CONSORTIUM for the next qualification period and COUNTY shall send a copy of each notification to the HUD Field Office. If a CONSORTIUM Member decides not to participate in the CONSORTIUM for the next qualification period, the CONSORTIUM Member shall notify COUNTY, and COUNTY shall notify the HUD Field Office, before the beginning of the new qualification period. Before the beginning of each new qualification period, COUNTY shall submit to the HUD Field Office a statement of whether or not any amendments have been made to this agreement, a copy of each amendment to this agreement, and, if the CONSORTIUM's membership has changed, the state certification required under 24 C.F.R. § 92.101(a)(2)(i). The CONSORTIUM shall adopt any amendments to this agreement that are necessary to meet HUD requirements for CONSORTIUM agreements in successive qualification periods, by the date indicated in the Notification Deadlines table below. The automatic renewal of this Agreement will be void if COUNTY fails to notify a CONSORTIUM member or the HUD field office as required under this automatic renewal provision or COUNTY fails to submit a copy of each amendment to this Agreement as required under this automatic renewal provision. The first three-year term under this agreement will begin with federal fiscal year 2014-15 and end with federal fiscal year 2016-17 (October 1, 2014 through September 30, 2017). The first of the automatic three-year term renewals will occur at the beginning of federal fiscal year 2017-18 (October 1, 2017) and every three (3) years thereafter or until such time as the respective City Council for any City, or the Board of Supervisors on behalf of the COUNTY, elects to terminate their participation in the Agreement at the conclusion of a qualification period. Initial Three-Year Term and Expenditure Dates Qualification Period - Federal Fiscal Years County Program Expenditure Years 2015 10/1/2014— 9/30/2015 7/1/2015—6/30/2016 2016 10/1/2015— 9/30/2016 7/1/2016 —6/30/2017 2017 10/1/2016— 9/30/2017 7/1/2017—6/30/2018 As part of the Renewal of Qualification Period process the COUNTY will notify CITIES via a letter, that CITIES have the ability to terminate this Agreement and not be included as part of the submission by COUNTY to HUD for re-qualifying as a HOME CONSORTIUM for the subsequent three (3)-year qualification period. CITIES agree to send a response letter to COUNTY stating their intentions to either continue to be a part of the HOME CONSORTIUM or to elect to terminate this Page 4 of 9 2014-151 Agreement and not be a part of the COUNTY's upcoming submission to HUD to re-qualify as a HOME CONSORTIUM for the subsequent three (3)-year period. Notification Deadlines for Participation in Subsequent Qualification Periods January 15 County notifies Cities of option to withdraw from Consortium March 15 Cities notify County of intention to participate or withdraw from Consortium June 30 County submits required documentation, including amended agreement if applicable, for Field Office review 12. All HOME Program Income, as defined by HUD in HOME Regulations, shall be kept for use by COUNTY HOME CONSORTIUM for administrative functions and future allocation. 13. The COUNTY and CITIES, in conjunction with approval of this Agreement, have each adopted a resolution approving the City as being a part of the COUNTY HOME CONSORTIUM. Said resolutions will be sent to HUD as attachments to this Agreement immediately after Agreement has been approved. CITIES acknowledge that renewal of this Agreement will be automatic unless notification in writing has been made to the COUNTY of the intent to be excluded from the subsequent three-year qualification period. 14. Pursuant to California 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, (including, but not limited to, a repayment of funds to HUD) 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. Pursuant to California Government Code Section 895.4, COUNTY shall defend, indemnify and hold harmless CITIES, their 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, (including, but not limited to, a repayment of funds to HUD) 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. 15. This Agreement shall go into effect immediately upon execution by the COUNTY, and shall continue in full force and effect until all HOME funds received during each of the federal fiscal years of the qualification period are expended on eligible activities, or returned to HUD. The terms of this Agreement shall continue until expenditure of all funds on eligible activities or the return of funds to HUD, even if the three-year qualification period for a specific allocation of funds has ended. 16. This Agreement authorizes the COUNTY, as the lead entity, to amend the CONSORTIUM Agreement on behalf of the entire CONSORTIUM to add new members at any time as approved by HUD. Any other amendments to this Agreement must be made in writing and approved by all parties. No amendment is necessary when one or more members elect to withdraw at the conclusion of a three-year qualification period as described in Section 11. Page 5 of 9 2014-151 17. Notices. Any notice requirement set forth herein shall be deemed to be satisfied five (5) days after mailing of the notice first-class, postage prepaid, addressed to the appropriate party as follows: CITY: City of Chino Hills 2001 Grand Avenue Chino Hills, CA 91709-4869 Attn: City Manager CITY: City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 Attn: City Manager CITY: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: City Manager COUNTY: County of San Bernardino Department of Community Development and Housing 385 Arrowhead Ave Third Floor San Bernardino, CA 92415-0043 Attn: Director Such addresses may be changed by notice to the other party given in the same manner as provided above. 18. In the event CITIES fail to satisfy any of the requirements herein, COUNTY shall provide a Notice of Default ("Notice of Default") describing the default and an opportunity to cure within thirty (30) days of receipt of the Notice of Default. If the default is not cured within that period or if the commencement of a cure of the Default has not occurred and is not being diligently prosecuted, COUNTY may employ any remedy legally available, including but not limited to, rejection of any proposed projects within the jurisdiction of said City, and termination of the City's participation in the CONSORTIUM at the conclusion of the existing three-year term. Page 6 of 9 2014-151 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE 19. This Agreement by and between the City of Chino Hills, the City of Rancho Cucamonga, the City of Rialto, and the City of San Bernardino may be executed in any number of counterparts with the same effect as if all signatories had signed the same document. All counterparts must be construed together to constitute one (1) instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed below. COUNTY OF SAN BERNARDINO CITY OF CHINO HILLS Janice Rutherford, Chair City Manager Board of Supervisors Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT Attest: HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LAURA H. WELCH, Clerk of the Board of Supervisors City Clerk By: Date: Deputy Date: Approved as to Legal Form: JEAN-RENE BASLE, County Counsel APPROVED AS TO FORM: San Bernardino County, California By: Michelle Blakemore, City Attorney Chief Assistant County Counsel Date: Date: Page 7 of 9 2014-151 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE 21. This Agreement by and between the City of Chino Hills, the City of Rancho Cucamonga, the City of Rialto, and the City of San Bernardino may be executed in any number of counterparts with the same effect as if all signatories had signed the same document. All counterparts must be construed together to constitute one (1) instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed below. COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA Janice Rutherford, Chairman Board of Supervisors City Manager Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Attest: CHAIRMAN OF THE BOARD LAURA H. WELCH, Clerk of the Board of Supervisors City Clerk By: Deputy Date: Date: Approved as to Legal Form: JEAN-RENE BASLE, County Counsel San Bernardino County, California APPROVED AS TO FORM: By: Michelle Blakemore, Chief Assistant County Counsel City Attorney Date: Date: SAN BERNARDINO COUNTY Page 8 of 9 2014-151 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE 21. This Agreement by and between the City of Chino Hills, the City of Rancho Cucamonga, the City of Rialto, and the City of San Bernardino may be executed in any number of counterparts with the same effect as if all signatories had signed the same document. All counterparts must be construed together to constitute one (1) instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed below. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO Janice Rutherford, Chairman City Manager Board of Supervisors Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT Attest: HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LAURA H. WELCH, Clerk of the Board of Supervisors City Clerk By: Date: Deputy Date: Approved as to Legal Form: JEAN-RENE BASLE, County Counsel APPROVED AS TO FORM: San Bernardino County, California By: o I ij\_cc_ Michelle Blakemore, C. A tt• ney Chief Assistant County Counsel Date: Date: 6497/ 14-1 Page 9 of 9 2014-151 ORIGINAL SAN BERNARDINO COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM For Federal Fiscal Years 2015-2017 and Subsequent Automatic Renewals Unless Terminated This Agreement is made by and between the City of Chino Hills, City of Rancho Cucamonga, and the City of San Bernardino (hereinafter called "CITIES") and the County of San Bernardino (hereinafter called "COUNTY"). WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez 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 Partnerships 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 as a Lead Entity for all members for the purposes of the ACT, has the sufficient legal authority and administrative capacity to carry out the purposes of the HOME program on behalf of its members, and assumes overall responsibility for ensuring that the consortium's HOME Program is carried out in compliance with the ACT, including requirements concerning the Con-Plan; and, WHEREAS, the HOME Consortium members are the cities of Chino Hills, Rancho Cucamonga, San Bernardino, and the County of San Bernardino, which also includes twelve (12) additional non-entitlement cities identified as participating units of local government under the Community Development Block Grant program, and all members agree to collaborate on approaches to local and regional housing needs; and, WHEREAS, COUNTY and CITIES desire this Cooperation Agreement to automatically renew for a new three (3)-year term each time COUNTY re-qualifies as a HOME Consortium, which is every three (3) years, until such time as the City Council for any City or the Board of Page 1 of 9 2014-151 Supervisors on behalf of COUNTY elects to terminate this Agreement under the requirements for termination described herein; and, WHEREAS, federal fiscal years 2015 through 2017 represent the initial three-year qualification period, which begins October 1, 2014 and ends September 30, 2017. Funds awarded by HUD during this three-year qualification period will be allocated during the County's HOME Program fiscal years 2015-16 through 2017-18, which begin July 1, 2015 and end June 30, 2018. WHEREAS, in order for the automatic renewal provisions of this Agreement to be approved by HUD, HUD requires this provision to be stipulated as part of the Agreement and submitted to HUD only at the conclusion of the preceding three-year qualification period, to be applicable for a subsequent three-year period, and this requirement is met and evidenced by the timing of this Agreement; and, WHEREAS, HUD establishes deadlines for notification of participation in the HOME Consortium by COUNTY to HUD, COUNTY to CITIES, and CITIES to COUNTY, as to whether participation is planned for the upcoming three-year qualification period; and, WHEREAS, a resolution has been adopted by each participating City authorizing and approving this Agreement, inclusive of the automatic renewal provisions for successive three-year qualification periods as summarized herein according to HUD Regulation. 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 "HOME CONSORTIUM" or "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, rehabilitating, and constructing affordable housing. 2. COUNTY shall act as the Lead Entity 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 in a timely manner, 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 from receipt of draft from COUNTY to review and approve those portions of the Con-Plan which pertain to the City before COUNTY submits the final Con-Plan to the U.S. Department of Housing and Urban Development (HUD). COUNTY shall incorporate submitted changes in Con-Plan, if any, provided 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 provide a letter of support from City Manager for each project funded with competitive HOME funds within their boundaries prior to COUNTY approving funding of such Page 2 of 9 2014-151 projects, provided that any City-prescribed conditions surrounding said support do not obstruct the implementation of the approved Con-Plan. 6. CITIES shall designate the City Administrator, City Manager or his/her designee ("City 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 City Representative. It is the exclusive duty of the City Representative to notify the appropriate individuals and departments within the City. 7. In order 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. 8. CITIES shall contribute a minimum twenty-five percent (25%) funding match contribution from any HOME-eligible match source for each project located within its jurisdiction 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, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Section 3 of the Housing and Urban Development Act of 1968, Title VI and VII of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, the California Fair Employment and Housing Act (FEHA), including any amendments, and other applicable federal laws. CITIES agree that HOME funding for activities in, or in support of, City is prohibited if City does not take action or participate in programs that affirmatively further fair housing within their own jurisdiction or impede COUNTY actions to comply with its fair housing certification. CITIES may be required to demonstrate how they comply with the fair housing requirement. Furthermore, CITIES hereby covenant by and for themselves, their successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, familial status, disability, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of any Project funded by HOME funds, nor shall a City itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees, or vendees in any Project funded as a result of this Agreement. CITIES shall refrain from restricting the rental, sale or lease of any Project funded as a result of this Agreement on the basis of race, color, creed, religion, sex, marital status, familial status, disability, national origin or ancestry of any person. CITIES shall implement and follow federal requirements for proposed HOME projects when approving entitlements, including, but not limited to, regulations related to environmental and historic preservation, and lead-based paint. Page 3 of 9 2014-151 I 10. CITIES shall provide COUNTY with all information concerning City and any activities City carries out under this Agreement for which COUNTY is required to prepare: 1) documents required to be submitted to HUD, 2) annual HOME Performance Report, and 3) such other documents as HUD may require in order to carry out eligible housing activities and/or meet federal requirements. 11. This Agreement shall automatically be renewed for the CONSORTIUM's participation in successive qualification periods of three federal fiscal years each. No later than the date specified by HUD's consortia designation notice or HOME Consortia web page, COUNTY shall notify each CONSORTIUM Member in writing of its right to decide not to participate in the CONSORTIUM for the next qualification period and COUNTY shall send a copy of each notification to the HUD Field Office. If a CONSORTIUM Member decides not to participate in the CONSORTIUM for the next qualification period, the CONSORTIUM Member shall notify COUNTY, and COUNTY shall notify the HUD Field Office, before the beginning of the new qualification period. Before the beginning of each new qualification period, COUNTY shall submit to the HUD Field Office a statement of whether or not any amendments have been made to this agreement, a copy of each amendment to this agreement, and, if the CONSORTIUM's membership has changed, the state certification required under 24 C.F.R. § 92.101(a)(2)(i). The CONSORTIUM shall adopt any amendments to this agreement that are necessary to meet HUD requirements for CONSORTIUM agreements in successive qualification periods, by the date indicated in the Notification Deadlines table below. The automatic renewal of this Agreement will be void if COUNTY fails to notify a CONSORTIUM member or the HUD field office as required under this automatic renewal provision or COUNTY fails to submit a copy of each amendment to this Agreement as required under this automatic renewal provision. The first three-year term under this agreement will begin with federal fiscal year 2014-15 and end with federal fiscal year 2016-17 (October 1, 2014 through September 30, 2017). The first of the automatic three-year term renewals will occur at the beginning of federal fiscal year 2017-18 (October 1, 2017) and every three (3) years thereafter or until such time as the respective City Council for any City, or the Board of Supervisors on behalf of the COUNTY, elects to terminate their participation in the Agreement at the conclusion of a qualification period. Initial Three-Year Term and Expenditure Dates Qualification Period - Federal Fiscal Years County Program Expenditure Years 2015 10/1/2014— 9/30/2015 7/1/2015—6/30/2016 2016 10/1/2015 — 9/30/2016 7/1/2016—6/30/2017 2017 10/1/2016—9/30/2017 7/1/2017—6/30/2018 As part of the Renewal of Qualification Period process the COUNTY will notify CITIES via a letter, that CITIES have the ability to terminate this Agreement and not be included as part of the submission by COUNTY to HUD for re-qualifying as a HOME CONSORTIUM for the subsequent three (3)-year qualification period. CITIES agree to send a response letter to COUNTY stating their intentions to either continue to be a part of the HOME CONSORTIUM or to elect to terminate this Page 4of9 2014-151 Agreement and not be a part of the COUNTY's upcoming submission to HUD to re-qualify as a HOME CONSORTIUM for the subsequent three (3)-year period. Notification Deadlines for Participation in Subsequent Qualification Periods January 15 County notifies Cities of option to withdraw from Consortium March 15 Cities notify County of intention to participate or withdraw from Consortium June 30 County submits required documentation, including amended agreement if applicable, for Field Office review 12. All HOME Program Income, as defined by HUD in HOME Regulations, shall be kept for use by COUNTY HOME CONSORTIUM for administrative functions and future allocation. 13. The COUNTY and CITIES, in conjunction with approval of this Agreement, have each adopted a resolution approving the City as being a part of the COUNTY HOME CONSORTIUM. Said resolutions will be sent to HUD as attachments to this Agreement immediately after Agreement has been approved. CITIES acknowledge that renewal of this Agreement will be automatic unless notification in writing has been made to the COUNTY of the intent to be excluded from the subsequent three-year qualification period. 14. Pursuant to California 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, (including, but not limited to, a repayment of funds to HUD) 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. Pursuant to California Government Code Section 895.4, COUNTY shall defend, indemnify and hold harmless CITIES, their 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, (including, but not limited to, a repayment of funds to HUD) 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. 15. This Agreement shall go into effect immediately upon execution by the COUNTY, and shall continue in full force and effect until all HOME funds received during each of the federal fiscal years of the qualification period are expended on eligible activities, or returned to HUD. The terms of this Agreement shall continue until expenditure of all funds on eligible activities or the return of funds to HUD, even if the three-year qualification period for a specific allocation of funds has ended. 16. This Agreement authorizes the COUNTY, as the lead entity, to amend the CONSORTIUM Agreement on behalf of the entire CONSORTIUM to add new members at any time as approved by HUD. Any other amendments to this Agreement must be made in writing and approved by all parties. No amendment is necessary when one or more members elect to withdraw at the conclusion of a three-year qualification period as described in Section 11. Page 5 of 9 2014-151 17. Notices. Any notice requirement set forth herein shall be deemed to be satisfied five (5) days after mailing of the notice first-class, postage prepaid, addressed to the appropriate party as follows: CITY: City of Chino Hills 2001 Grand Avenue Chino Hills, CA 91709-4869 Attn: City Manager CITY: City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 Attn: City Manager CITY: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: City Manager COUNTY: County of San Bernardino Department of Community Development and Housing 385 Arrowhead Ave Third Floor San Bernardino, CA 92415-0043 Attn: Director Such addresses may be changed by notice to the other party given in the same manner as provided above. 18. In the event CITIES fail to satisfy any of the requirements herein, COUNTY shall provide a Notice of Default ("Notice of Default") describing the default and an opportunity to cure within thirty (30) days of receipt of the Notice of Default. If the default is not cured within that period or if the commencement of a cure of the Default has not occurred and is not being diligently prosecuted, COUNTY may employ any remedy legally available, including but not limited to, rejection of any proposed projects within the jurisdiction of said City, and termination of the City's participation in the CONSORTIUM at the conclusion of the existing three-year term. Page 6 of 9 2014-151 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE 19. This Agreement by and between the City of Chino Hills, the City of Rancho Cucamonga, and the City of San Bernardino may be executed in any number of counterparts with the same effect as if all signatories had signed the same document. All counterparts must be construed together to constitute one (1) instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed below. COUNTY OF SAN BERNARDINO CITY OF CHINO HILLS D�Y►t,G- � v1� Janice Rlervisors rford, Chair Cit ana r Board of Date: JUN 17 2074 Date: S -to -- SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT Attest: HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD a. LAURA H. W 'C12 rd of -� - Supervisors X ,.'" j�® ity Clerk $ � r B __'.w . Date: Dale. 6RS3� rio Approved as to L JEAN-RENE BASLE, County Counsel APPROVED AS TO FORM: San Bernardino County, California By: — Michelle la mor ' City Attorney Chief Assistan my Counsel Date: 4P-12--14 Date: Page 7of9 2014-151 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE 19. This Agreement by and between the City of Chino Hills, the City of Rancho Cucamonga, and the City of San Bernardino may be executed in any number of counterparts with the same effect as if all signatories had signed the same document. All counterparts must be construed together to constitute one (1) instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed below. COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONG,4 Janice Rut rford, Chairman City Manager Board of S pervisors Date: JUN 17 2014 Date:-5111 14' SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT Attest: HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BQ LAURA H. W Np d of (dam Supervisors ity Clerk p WIN B Lh �; 'sk = Date: Date: Approved as to Le'' JEAN-RENE BASLE, County Counsel APPR TED AS TO FORM: San Bernardino County, California �' By: -( Michelle B ke ore City Attorney Chief Assistant my Counsel A Date:—6, 114 Date: 21 Page 8 of 9 2014-151 SAN BERNARDINO COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT FOR HOME CONSORTIUM SIGNATURE PAGE 21. This Agreement by and between the City of Chino Hills, the City of Rancho Cucamonga, the City of Rialto, and the City of San Bernardino may be executed in any number of counterparts with the same effect as if all signatories had signed the same document. All counterparts must be construed together to constitute one (1) instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed below. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO Janice ut rford, Chairman City nager Board of S ervisors Date: J[)N 7 ?�[T'A Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT Attest: HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LAURA H. W I { 'Si#! ` • oard of Supervisor City Clerk �i oi p - Of1F f. S V M ..0 /I ' By Date: t� 1 � V Date: Approved as to L _. f JEAN-RENE BASLE, County Counsel APPROVED AS TO FORM: San Bernardino County, California By: Michelle Nak ore, C tt ney Chief Assistant CDtinty Counsel t Date: (." L-14 Date: 6kP? Paqe 9 of 9