HomeMy WebLinkAbout2015-070 1 RESOLUTION NO. 2015_70
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE 2015-2020 CONSOLIDATED PLAN AND
3 2015-2016 ACTION PLAN FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK
4 GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME) INTERAGENCY
5 AGREEMENT, NEIGHBORHOOD STABILIZATION PROGRAM (NSP),
EMERGENCY SOLUTIONS GRANT (ESG) ENTITLEMENT GRANT PROGRAMS
6 AND APPROVING SUBSTANTIAL AMENDMENT #5 TO THE 2014-2015 ACTION
7 PLAN
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WHEREAS, the City of San Bernardino ("City") is an entitlement community
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10 receiving funds based on a Housing and Urban Development (HUD) Department formula that
11 considers housing overcrowding, population and poverty levels, age of housing, population
12 growth and poverty; and
13 WHEREAS, the City is eligible to receive an average of $4.5 million dollars of
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Community Planning and Development ("CPD") funding annually to address the above-
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16 mentioned challenges on a cost reimbursement basis; and
17 WHEREAS, on May 3, 2010, the Mayor and Common Council of the City of San
18 Bernardino ("Council") approved the City's Five-Year 2010-2015 Consolidated Plan and on
19 April 21, 2014, approved the 2014-2015 Annual Action Plan that is required to guide and
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identify needs the City will address incrementally for the 2014-2015 period; and
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WHEREAS, the 2014/2015 Action Plan year is the last year in the 2010-2015
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23 Consolidated Plan and staff has completed the administrative process to prepare the 2015-
24 2020 Consolidated Plan (Exhibit A) and 2015/2016 Action Plan (Exhibit B) in accordance
25 with the Citizen Participation Plan in the approved Five-Year Consolidated Plan, 24 CFR
26 91.105; and
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1 WHEREAS, both plans reflect the City's participation in the County of San
2 Bernardino ("County") HOME Program Consortium, wherein the City has negotiated with the
3 County through an "Interagency Cooperation Agreement" ("Agreement") (Exhibit C) that the
4 portion of HOME funding the County receives on behalf of the City shall be used for projects
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within the City's limits; and
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7 WHEREAS, a Substantial Amendment ("Amendment") is required when a
8 "substantive change" is made to an approved CP/AP or there is a decrease/increase of an
9 approved project line item by $25,000 and staff is recommending that additional funding be
10 allocated to various community development projects totaling $1,123,000 of CDBG funding
11 (Exhibit D, E and F); and
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WHEREAS, in compliance with the California Environmental Quality Act ("CEQA")
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14 and the National Environmental Protection Act ("NEPA") guidelines, adoption of the 2015-
15 2020 Consolidated Plan, 2015/2016 Action Plan, the amendments to the City's 2014-2015
16 Annual Action Plan and sub-allocation of HOME federal funds are determined to be exempt
17 actions pursuant to Section 15332 of the CEQA Guidelines and 24 CFR 58. 34(a)(3) of NEPA
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Guidelines because the proposed action is required for federal programs administration and
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20 compliance.
21 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
22 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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24 SECTION 1. The City Manager is hereby authorized and directed to submit the
25 2015-2020 Five Year Consolidated Plan to the Los Angeles HUD Office. A copy of which is
26 attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though
27 set forth at length.
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1 SECTION 2. The City Manager is hereby authorized to submit the 2015/2016 Action
2 Plan to the Los Angeles HUD Office. A copy of which is attached hereto marked Exhibits
3 "A" and`B" and incorporated herein by reference as fully as though set forth at length.
4 SECTION 3. The City Manager is hereby authorized to execute the HOME Program
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"Interagency Cooperation Agreement" between the City and the County. A copy of which is
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attached hereto marked Exhibit "C" and incorporated herein by reference as fully as though
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8 set forth at length.
9 SECTION 4. That Substantial Amendment #5 to the 2014/2015 Action Plan is
10 approved and the City's 2014/2015 Fiscal Year Budget shall be amended to include additional
11 CDBG (119) funding as follows:
12 Department Account Amount
13 Library 119-470-0001-5502 $120,000
14 Parks and Recreation 119-380-0077-5502 $503,000
Police 119-210-0001-5702 $300,000
15 Mobile Home Rehabilitation Program 119-100-0014-5502 $150,000
Emergency Motel Voucher Assistance 119-100-0014-5502 $50,000
16 Total $1,123,000
17 SECTION 5. That contracts shall be issued to the non-profit agencies included in the
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2015-2016 Action Plan and approved by the City Council for the amounts specified and paid
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20 from the City Manager's 2015/2016 Fiscal Year Budget, upon its adoption, from the
21 appropriate account number.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE 2015-2020 CONSOLIDATED PLAN AND
2 2015-2016 ACTION PLAN FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME) INTERAGENCY
3 AGREEMENT, NEIGHBORHOOD STABILIZATION PROGRAM (NSP),
4 EMERGENCY SOLUTIONS GRANT (ESG) ENTITLEMENT GRANT PROGRAMS
AND APPROVING SUBSTANTIAL AMENDMENT #5 TO THE 2014-2015
5 ACTIONPLAN
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a joint regular meeting
9 thereof, held on the 6th day of April , 2015, by the following vote,to wit:
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11 Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ x
13 BARRIOS x
14 VALDIVIA x
15
SHORETT x
16
NICKEL x
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18 JOHNSON x
19 MULVIHILL _
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Georgea Hanna, Clerk
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23 The foregoing resolution is hereby approved this /d day of April , 2015.
24 R. Carey Dd vis, Mayor
25 City of Safi Bernardino
Approved as to form:
26 Gary D. Saenz, City Attorney
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28 By:
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2015-70
INTER-AGENCY COOPERATION AGREEMENT
BY AND BETWEEN THE COUNTY OF SAN BERNARDINO ON BEHALF OF
ITS COMMUNITY DEVELOPMENT AND HOUSING DEPARTMENT
AND THE CITY OF SAN BERNARDINO
FOR THE HOME INVESTMENT PARTNERSHIP PROGRAM
RECITALS AND BACKGROUND
The purpose of this Inter-Agency Cooperation Agreement by and between the County of
San Bernardino and the City of San Bernardino for the HOME Investment Partnerships Program
(hereinafter referred to as "Agreement") is to regulate the allocation of funds and administrative
functions to be performed by County of San Bernardino (hereinafter called "COUNTY") on behalf of
the CITY OF SAN BERNARDINO (hereinafter called "CITY") relative to CITY's participation in the
COOPERATION AGREEMENT FOR HOME CONSORTIUM for Federal Fiscal Years 2015-2017
dated as of June 17, 2014, (hereinafter referred to as "CONSORTIUM AGREEMENT" and
included herewith as Attachment "A"). Terms, definitions, and references herein are as described
in the CONSORTIUM AGREEMENT and/or U.S. Department of Housing and Urban Development
(HUD) Home Investment Partnerships Program (HOME) Regulations.
The HOME Consortium members are the cities of Chino Hills, Rancho Cucamonga, San
Bernardino, and the County of San Bernardino, which also includes thirteen (13) 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,
Due to CITY's current financial status, COUNTY has been requested by HUD and CITY
subject to a special arrangement, to act as Administrator of CITY'S HOME Funds through
participation in the COUNTY'S HOME Consortium for the purpose of project proposal review,
selection, approval, and development oversight on behalf of CITY; and,
This Agreement is applicable to funds awarded during federal fiscal years 2015 through
2017, which is the initial three-year Qualification Period for the CONSORTIUM AGREEMENT.
This initial Qualification Period begins October 1, 2014 and ends September 30, 2017. If the
CITY chooses to continue participation as a member of the HOME Consortium for subsequent
three-year Qualification Periods, all standard terms of the CONSORTIUM AGREEMENT shall
apply.
NOW THEREFORE, it is mutually agreed as follows:
To preserve the HOME funds within the County and to provide assurance to the City that joining
the HOME Consortium is the correct path, the County will be offering the City certain
considerations in response to this unique situation. The COUNTY's intervention is critical to
ensuring the continued access of affordable housing funding opportunities to the CITY's
low/moderate income residents.
1. City Allocation. COUNTY will receive CITY's share of HOME allocation grant funds
under the CONSORTIUM AGREEMENT. The percentage breakdown attributable to the CITY's
share of HOME allocation grant funds as part of the HOME Consortium ("CITY'S EQUIVALENT
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SHARE") shall be tracked separately and distinctly from the remainder of the HOME Consortium.
COUNTY shall act, on behalf of CITY, as Administrator as defined by and pursuant to HOME
Regulations. HOME Grant allocations received by COUNTY from HUD that are directly
attributable to CITY's participation in the HOME Consortium (the CITY'S EQUIVALENT SHARE),
shall be spent by the COUNTY within CITY incorporated area on projects eligible for HOME
funding. COUNTY will keep 50 % of the Administrative costs allowable under HUD HOME
Regulations. The remaining 50% of allowable Administrative costs will be available to CITY to pay
for monitoring costs for CITY's existing HOME properties (see Section 3, below).
2. City Projects. COUNTY will be solely responsible for choosing the HOME projects and
program proposals within the CITY to receive HOME funds. Proposals for projects within the CITY
shall be required to conform to the same qualification requirements as all other project proposals
under the COUNTY's Notice of Available Funding (NOFA) process during the County Program
Expenditure Years under the term of the CONSORTIUM AGREEMENT. The same process will be
utilized for the review, selection, approval and development oversight of projects within the CITY as
will be used for the other members of the Consortium.
Eligible proposals for projects within the CITY must be submitted in response to the COUNTY's
NOFA process, resulting in the ability to commit funds per HUD Regulations to eligible projects
during the corresponding County Program Expenditure Year for an annual award. If eligible
proposals are not submitted pursuant to said NOFA process, the COUNTY may allocate the
CITY'S EQUIVALENT SHARE to qualifying project proposals outside of the CITY's jurisdiction in
lieu of forfeiting said allocation back to HUD. COUNTY will provide quarterly reports on the status
of projects and programs funded within the CITY.
3. Monitoring. CITY shall submit a claim to COUNTY for its 50% of allowable Administrative
costs to cover the cost of monitoring its existing HOME-funded city properties in operation as of the
date of this Agreement, as described in Section 1 herein, on an annual basis for the year during
which such Administrative funds become available. COUNTY shall not be responsible for any
monitoring or monitoring costs for CITY's projects in operation as of the date of this Agreement.
Monitoring responsibilities for HOME units funded through the COUNTY as a result of the
CONSORTIUM AGREEMENT and this Agreement, will be, and will remain, the responsibility of
COUNTY.
4. Program Income. Any and all HOME Program Income, as defined by HUD in the HOME
Regulations, inclusive of any project-paid HOME Monitoring Fees, received by COUNTY from
projects within CITY assisted with HOME funds awarded and allocated during the term of the
CONSORTIUM AGREEMENT, shall be used by COUNTY for administrative functions and future
allocation within the COUNTY HOME CONSORTIUM at large.
5. Conflicts. The provisions of this Agreement are intended to implement the special
conditions agreed to by HUD in order to assist the CITY with its HOME-funded projects. At the
request of HUD, the COUNTY is agreeing to undertake the tasks set forth in this Agreement in
exchange for the terms and conditions stated herein, particularly Sections 1 and 4. Except as
stated in Sections 1 and 4, the City will be subject to the general terms and conditions stated in
the CONSORTIUM AGREEMENT. If there is a conflict between the CONSORTIUM
AGREEMENT and this Agreement, the provisions of the CONSORTIUM AGREEMENT will
govern unless the conflict impacts the Administrative costs identified in Section 1 or the
Program Income identified in Section 4, in which case those specific provisions of this
Agreement will govern.
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6. Effect and Termination. This Agreement shall take effect immediately after execution by
the County, and is applicable to funds awarded for Federal Fiscal Years 2015 through 2017,
which begin October 1, 2014 and end September 30, 2017. Funds awarded by HUD during this
three-year period will be allocated during the COUNTY's HOME Program Expenditure fiscal
years 2015-16 through 2017-18, which begin July 1, 2015 and end June 30, 2018. The terms of
this Agreement shall apply until HOME Funds identified as the CITY'S EQUIVALENT SHARE
are allocated to COUNTY by HUD for Federal Fiscal Years 2015 through 2017 and expended
on qualified projects as described in Section 2 herein. Should the CITY choose to continue as a
member of the HOME Consortium after the initial Three-Year Qualification Period, all standard
terms of the CONSORIUM AGREEMENT shall apply to HOME Funds allocated by HUD for
subsequent Qualification Periods.
Initial Three-Year Term and Expenditure Dates
Qualification Period - Federal Fiscal Years County Program Expenditure Years
2015 10/11/2014— 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
7. Successors and Assigns. This Agreement, and all of the terms and provisions hereof,
shall be binding upon, and shall inure to the benefit of, the parties and their respective heirs,
legal representatives, successors and assigns.
8. Modifications. Any amendments, changes or modifications to this Agreement shall be
written and executed by the parties.
9. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one agreement.
10. Severability. Should any portion, word, clause, phrase, sentence or paragraph of this
Agreement be declared void or unenforceable, such portion shall be considered independent
and severable and provided that the fundamental terms of this Agreement (including without
limitation, Sections 1 and 4) remain legal and enforceable, the validity of the remaining
provisions shall remain unaffected. If the fundamental terms of Sections 1 and 4 herein are
determined by a court of law to be invalid or unenforceable, the parties agree to negotiate so
that this Agreement may continue or may terminate this Agreement.
11. Headings. Headings at the beginning of each numbered section of this Agreement are
solely for the convenience of the parties and are not a substantive part of this Agreement.
12. Waiver. Failure to insist on compliance with any term, covenant, or condition contained
in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall
any waiver or relinquishment of any right or power contained in this Agreement at any one time
or more times be deemed a waiver or relinquishment of any right or power at any other time or
times. A waiver of any term, covenant or condition contained in this Agreement shall not be
binding unless in writing signed by the party agreeing to the waiver.
13. Governing Law. This Agreement is made and entered into in the State of California, and
shall in all respects be interpreted, enforced, and governed under the laws of California without
giving effect to conflicts of laws principles.
14. Entire Agreement. This Agreement constitutes (along with the CONSORTIUM
AGREEMENT) the entire agreement between the parties who have executed it and supersedes
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any and all other agreements, understandings, negotiations, or discussions, either oral or in
writing, express or implied, between the parties to this Agreement.
15. Further Assurances. The parties shall execute such further documents and do any and
all such further things as may be necessary to implement and carry out the intent of this
Agreement.
16. Notices.
a) Form of Notice. All notices, requests, claims, demands and other communications
between the parties shall be in writing.
(b) Method of Notice. All notices shall be given (i) by delivery in person (ii) by a
nationally recognized next day courier service, (iii) by first class, registered or certified mail,
postage prepaid, (iv) by facsimile or (v) by electronic mail to the address of the party specified in
this Agreement or such other address as either party may specify in writing.
(c) Receipt of Notice. All notices shall be effective upon (i) receipt by the party to which
notice is given, or (ii) on the fifth (5th) day following mailing, whichever occurs first.
(d) Addresses.
CITY: Office of the City Manager
City of San Bernardino
300 North "D" Street, 6 c Floor
San Bernardino, CA 92418
Attn: Housing Director
COUNTY: County of San Bernardino
Department of Community Development and Housing
385 Arrowhead Ave Third Floor
San Bernardino, CA 92415-0043
Attn: Director
[The Remainder of This Page Intentionally Left Blank; Signature Page Follows]
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IN WITNESS WHEREOF, the parties hereby have acknowledged the terms and conditions contained in
this Agreement as evidenced by the signatures appearing below:
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
James Ramos, Chair Allen Parker, City Manager
Board of Supervisors City of San Bernardino
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
By:
Deputy Georgeann Hanna, City Clerk
Date: Date:
Approved as to Legal Form: APPROVED AS TO FORM:
JEAN-RENE BASLE, County Counsel GARY D. SAENZ, City Attorney
San Bernardino County, California
By: By: `
Michelle Blakemore,
Chief Assistant County Counsel
Date: Date:
Signature Page
2015-70
ATTACHMENT A
COOPERATION AGREEMENT FOR HOME CONSORTIUM
For Federal Fiscal Years 2015-2017
Dated as of April 07, 2015
2015-70
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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,
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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
V accordance with section 91.215 of the Consolidated Plan final rule; and,
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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,
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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,
fiwhich is every three (3) years, until such time as the City Council for any City or the Board of
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Supervisors on behalf of COUNTY elects to terminate this Agreement under the requirements
for termination described herein; and,
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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
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projects, provided that any City-prescribed conditions surrounding said support do not obstruct
the implementation of the approved Con-Plan.
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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.
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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.
I 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
I' 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.
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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
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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.
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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(ax2)(i). The CONSORTIUM
shall adopt any amendments to this agreement that are necessary to meet HUD requirements
I 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 Throe-Year Term and Expenditure Dates
Qualification Period-Federal Fiscal Years County P ram Expenditure Years
2015 10/11/20114—9130/2015 7/11/20115—6130/2016
2016 10/1/2015—9/30/2016 711/2016—6/30/2017
2017 10/11/2016—9/30/2017 7/1/2017—6130/2018
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
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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.
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Notification Deadlines for Participation in Subsequent Qualification Periods
January 15 County notes 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
a plicable,for Field Office review
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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.
I
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
E 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
E 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.
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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
t 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 curd 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
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2014-151
SAN BERNARDINO COUNTY
i
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
I
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
V
Janice Rut rford, Chair Ci ana r
Board of S ervisors
i
Date: JUN 17 2014 Date:
i
SIGNED AND CERTIFIED THAT
r
A COPY OF THIS DOCUMENT Attest:
HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BQARD
LAURA H. W ; rd of
Supervisor j�a ity Clerk
' B Date:
Date: JU
I
I INO 00
Approved as to
JEAN-RENE BASLE, ounty Counsel APPROVED AS TO FORM:
San Bernardino County, California
i
r'
MichelleNklal4mork, City Attorney
Chief Assis rnlGognty Counsel
I
Date: G`112-114 Date:
I .
j Page 7 of 9
4
2015-70
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.
i
i
COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONC,4
Janice R rford, Chairman City Manager
i
Board of SVpervisors
Date: JUN 172014 Date: � � IA-
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT Attest:
HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE
LAURA H.W d of -
Supervisors ►—s . 's�� ity Clerk
r i cl'n
B Date: .-!
p v
N,
Date: I PI in
9 cO�
Approved as to L TNU
JEAN-RENE BASLE, County Counsel APPROWED AS TO FORM:
San Bernardino County,California
By:llu�- W
Michelle ore City Atto
Chief Assistant my Counsel
Date: to-4-114 Date:
I
i
E
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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 rford, Chairman City alter
Board of S40ervisors
Date: 111N 17 7l114 Date:
----
i
i
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT Attest:
HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
LAURA H. and of
Superviso ��. 4 ;� lea City Clerk
B Date: Z4-
Date: `)U ,
4Rt INO C
Approved as to L
JEAN-RENE BASLE,County Counsel APPROVED AS TO FORM:
San Bernardino County, California
—
Michelle ore, nDate:
Chief Assistant ty Counsel
Date: G`r t-� I`�
I
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FOR COUNTY USE ONLY
New FAS Vendor Code Dept. Contract umber
Change SC
Cancel
SAN BERNARDINO ePro Vendor Number ePro Contract Number
COUNTY
T County Department Dept. Orgn. Contractor's License No.
j Community Development& Housing ECD ECD
County Department Contract Representative Telephone Total Contract Amount
FAS Dena Fuentes, Director (909)387-4411
Contract Type
CONTRACT TRANSMITTAL ® Revenue E3 Encumbered M Unencumbered ® Other: Inter-Aaencv Cooperation Aareement
If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
7/1/15 6/30/18
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
SAT ECD ECD 200 2006
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
Inter-Agency Cooperation
Agreement FY Amount I/D FY Amount I/D
HOME Investments Partnership
Prnn rn m —
C:it%l of Can Rarnnalonn
CONTRACTOR City of San Bernardino
Fr i1 ID No. or Social Security No. N/A
Contractor's Representative N/A
Address Address on file Phone
Nature of Contract: (Briefly describe the general terms of the contract)
(Attach this transmittal to all contracts not prepared on the "Standard Contract"f rm +;
A proved as to Le al Form(sign in blue ink) Reviewed as to Contract Compliance PAS ed to BOS for Signature
► ► ►
County Co >a el ^ Department ezad
f ate Date Date
a
Revised 2/20/2015
2015-70
INTER-AGENCY COOPERATION AGREEMENT
BY AND BETWEEN THE COUNTY OF SAN BERNARDINO ON BEHALF OF
ITS COMMUNITY DEVELOPMENT AND HOUSING DEPARTMENT
AND THE CITY OF SAN BERNARDINO
FOR THE HOME INVESTMENT PARTNERSHIP PROGRAM
RECITALS AND BACKGROUND
The purpose of this Inter-Agency Cooperation Agreement by and between the County of
San Bernardino and the City of San Bernardino for the HOME Investment Partnerships Program
(hereinafter referred to as "Agreement") is to regulate the allocation of funds and administrative
functions to be performed by County of San Bernardino (hereinafter called "COUNTY") on behalf of
the CITY OF SAN BERNARDINO (hereinafter called "CITY") relative to CITY's participation in the
COOPERATION AGREEMENT FOR HOME CONSORTIUM for Federal Fiscal Years 2015-2017
dated as of June 17, 2014, (hereinafter referred to as "CONSORTIUM AGREEMENT' and
included herewith as Attachment "A"). Terms, definitions, and references herein are as described
in the CONSORTIUM AGREEMENT and/or U.S. Department of Housing and Urban Development
(HUD) Home Investment Partnerships Program (HOME) Regulations.
The HOME Consortium members are the cities of Chino Hills, Rancho Cucamonga, San
Bernardino, and the County of San Bernardino, which also includes thirteen (13) 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,
Due to CITY's current financial status, COUNTY has been requested by HUD and CITY
subject to a special arrangement, to act as Administrator of CITY'S HOME Funds through
participation in the COUNTY'S HOME Consortium for the purpose of project proposal review,
selection, approval, and development oversight on behalf of CITY; and,
This Agreement is applicable to funds awarded during federal fiscal years 2015 through
2017, which is the initial three-year Qualification Period for the CONSORTIUM AGREEMENT.
This initial Qualification Period begins October 1, 2014 and ends September 30, 2017. If the
CITY chooses to continue participation as a member of the HOME Consortium for subsequent
three-year Qualification Periods, all standard terms of the CONSORTIUM AGREEMENT shall
apply.
NOW THEREFORE, it is mutually agreed as follows:
To preserve the HOME funds within the County and to provide assurance to the City that joining
the HOME Consortium is the correct path, the County will be offering the City certain
considerations in response to this unique situation. The COUNTY's intervention is critical to
ensuring the continued access of affordable housing funding opportunities to the CITY's
low/moderate income residents.
1. City Allocation. COUNTY will receive CITY's share of HOME allocation grant funds
under the CONSORTIUM AGREEMENT. The percentage breakdown attributable to the CITY's
share of HOME allocation grant funds as part of the HOME Consortium CCITY'S EQUIVALENT
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SHARE") shall be tracked separately and distinctly from the remainder of the HOME Consortium.
COUNTY shall act, on behalf of CITY, as Administrator as defined by and pursuant to HOME
Regulations. HOME Grant allocations received by COUNTY from HUD that are directly
attributable to CITY's participation in the HOME Consortium (the CITY'S EQUIVALENT SHARE),
shall be spent by the COUNTY within CITY incorporated area on projects eligible for HOME
funding. COUNTY will keep 50 % of the Administrative costs allowable under HUD HOME
Regulations. The remaining 50% of allowable Administrative costs will be available to CITY to pay
for monitoring costs for CITY's existing HOME properties (see Section 3, below).
2. City Proiects. COUNTY will be solely responsible for choosing the HOME projects and
program proposals within the CITY to receive HOME funds. Proposals for projects within the CITY
shall be required to conform to the same qualification requirements as all other project proposals
under the COUNTY's Notice of Available Funding (NOFA) process during the County Program
Expenditure Years under the term of the CONSORTIUM AGREEMENT. The same process will be
utilized for the review, selection, approval and development oversight of projects within the CITY as
will be used for the other members of the Consortium.
Eligible proposals for projects within the CITY must be submitted in response to the COUNTY's
NOFA process, resulting in the ability to commit funds per HUD Regulations to eligible projects
during the corresponding County Program Expenditure Year for an annual award. If eligible
proposals are not submitted pursuant to said NOFA process, the COUNTY may allocate the
CITY'S EQUIVALENT SHARE to qualifying project proposals outside of the CITY's jurisdiction in
lieu of forfeiting said allocation back to HUD. COUNTY will provide quarterly reports on the status
of projects and programs funded within the CITY.
3. Monitoring. CITY shall submit a claim to COUNTY for its 50% of allowable Administrative
costs to cover the cost of monitoring its existing HOME-funded city properties in operation as of the
date of this Agreement, as described in Section 1 herein, on an annual basis for the year during
which such Administrative funds become available. COUNTY shall not be responsible for any
monitoring or monitoring costs for CITY's projects in operation as of the date of this Agreement.
Monitoring responsibilities for HOME units funded through the COUNTY as a result of the
CONSORTIUM AGREEMENT and this Agreement, will be, and will remain, the responsibility of
COUNTY.
4. Program Income. Any and all HOME Program Income, as defined by HUD in the HOME
Regulations, inclusive of any project-paid HOME Monitoring Fees, received by COUNTY from
projects within CITY assisted with HOME funds awarded and allocated during the term of the
CONSORTIUM AGREEMENT, shall be used by COUNTY for administrative functions and future
allocation within the COUNTY HOME CONSORTIUM at large.
5. Conflicts. The provisions of this Agreement are intended to implement the special
conditions agreed to by HUD in order to assist the CITY with its HOME-funded projects. At the
request of HUD, the COUNTY is agreeing to undertake the tasks set forth in this Agreement in
exchange for the terms and conditions stated herein, particularly Sections 1 and 4. Except as
stated in Sections 1 and 4, the City will be subject to the general terms and conditions stated in
the CONSORTIUM AGREEMENT. If there is a conflict between the CONSORTIUM
AGREEMENT and this Agreement, the provisions of the CONSORTIUM AGREEMENT will
govern unless the conflict impacts the Administrative costs identified in Section 1 or the
Program Income identified in Section 4, in which case those specific provisions of this
Agreement will govern.
Page 2 of 4
2015-70
6. Effect and Termination. This Agreement shall take effect immediately after execution by
the County, and is applicable to funds awarded for Federal Fiscal Years 2015 through 2017,
which begin October 1, 2014 and end September 30, 2017. Funds awarded by HUD during this
three-year period will be allocated during the COUNTY's HOME Program Expenditure fiscal
years 2015-16 through 2017-18, which begin July 1, 2015 and end June 30, 2018. The terms of
this Agreement shall apply until HOME Funds identified as the CITY'S EQUIVALENT SHARE
are allocated to COUNTY by HUD for Federal Fiscal Years 2015 through 2017 and expended
on qualified projects as described in Section 2 herein. Should the CITY choose to continue as a
member of the HOME Consortium after the initial Three-Year Qualification Period, all standard
terms of the CONSORIUM AGREEMENT shall apply to HOME Funds allocated by HUD for
subsequent Qualification Periods.
Initial Three-Year Term and Expenditure Dates
Qualification Period - Federal Fiscal Years County Program Expenditure Years
2015 10/1/201 — 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
7. Successors and Assigns. This Agreement, and all of the terms and provisions hereof,
shall be binding upon, and shall inure to the benefit of, the parties and their respective heirs,
legal representatives, successors and assigns.
8. Modifications. Any amendments, changes or modifications to this Agreement shall be
written and executed by the parties.
9. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one agreement.
10. Severability. Should any portion, word, clause, phrase, sentence or paragraph of this
Agreement be declared void or unenforceable, such portion shall be considered independent
and severable and provided that the fundamental terms of this Agreement (including without
limitation, Sections 1 and 4) remain legal and enforceable, the validity of the remaining
provisions shall remain unaffected. If the fundamental terms of Sections 1 and 4 herein are
determined by a court of law to be invalid or unenforceable, the parties agree to negotiate so
that this Agreement may continue or may terminate this Agreement.
11. Headings. Headings at the beginning of each numbered section of this Agreement are
solely for the convenience of the parties and are not a substantive part of this Agreement.
12. Waiver. Failure to insist on compliance with any term, covenant, or condition contained
in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall
any waiver or relinquishment of any right or power contained in this Agreement at any one time
or more times be deemed a waiver or relinquishment of any right or power at any other time or
times. A waiver of any term, covenant or condition contained in this Agreement shall not be
binding unless in writing signed by the party agreeing to the waiver.
13. Governing Law. This Agreement is made and entered into in the State of California, and
shall in all respects be interpreted, enforced, and governed under the laws of California without
giving effect to conflicts of laws principles.
14. Entire Agreement. This Agreement constitutes (along with the CONSORTIUM
AGREEMENT) the entire agreement between the parties who have executed it and supersedes
Page 3 of 4
2015-70
any and all other agreements, understandings, negotiations, or discussions, either oral or in
writing, express or implied, between the parties to this Agreement.
15. Further Assurances. The parties shall execute such further documents and do any and
all such further things as may be necessary to implement and carry out the intent of this
Agreement.
16. Notices.
a) Form of Notice. All notices, requests, claims, demands and other communications
between the parties shall be in writing.
(b) Method of Notice. All notices shall be given (i) by delivery in person (ii) by a
nationally recognized next day courier service, (iii) by first class, registered or certified mail,
postage prepaid, (iv) by facsimile or (v) by electronic mail to the address of the party specified in
this Agreement or such other address as either party may specify in writing.
(c) Receipt of Notice. All notices shall be effective upon (i) receipt by the party to which
notice is given, or (ii) on the fifth (5th) day following mailing, whichever occurs first.
(d) Addresses.
CITY: Office of the City Manager
City of San Bernardino
300 North "D" Street, 6'h Floor
San Bernardino, CA 92418
Attn: Housing Director
COUNTY: County of San Bernardino
Department of Community Development and Housing
385 Arrowhead Ave Third Floor
San Bernardino, CA 92415-0043
Attn: Director
[The Remainder of This Page Intentionally Left Blank; Signature Page Follows]
Page 4 of 4
2015-70
IN WITNESS WHEREOF, the parties hereby have acknowledged the terms and conditions contained in
this Agreement as evidenced by the signatures appearing below:
COUNTY OF BERNARDINO CITY OF SAN BERNARDINO
James Xmos, Chair Allen arker, City Manager
Board of Supervisors City of San Bernardino
Date: APR 2 ��
Date:
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT
HAS BEEN DELIVERED TO THE Attest:
CHAIRMAN OF THE BOARD
LAURA H. W 4 Ib�k'df4he and of
Supervisory
By. cr ;
eputy Georgeann anna, City CI k
Date:
,.� Date: �� 6
'tRD ~
Approved as to APPROVED AS TO FORM:
JEAN-RENE BASLE, County Counsel GARY D. SAENZ, City Attorney
San Bernardino County, California
By: By: `
Michell a ore,
Chief Assistant County Counsel
Date:
y-24-,a Date: / is
Signature Page
2015-70
ATTACHMENT A
COOPERATION AGREEMENT FOR HOME CONSORTIUM
For Federal Fiscal Years 2015-2017
Dated as of April 07, 2015
Ol -7
2014-151
OffiGINAL
SAN BERN,A►RDINO COUNTY
DEPARTMENT OF COMM��l1'�''Y @ I/ .OPMENT AND HOUSING
HOME INVESTME14T PAfi' C- t HIP PROGRAM
i
j COOPERATION AGREEMENT FOR HOME CONSORTIUM
For Federal Fiscal Years 21ii'lfr2b17 and Subsequent Automatic
Renewals Uniess 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 of 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•Vdrt of'the eligibility requirements for HOME funds in
accordance with section 91.215 of the Consolidated Plan final rule; and,
f WHEREAS, funds from Title it 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 ardtanying 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 consortium shall have one member unit of general 11
local government authorized to act in a re0 "rftative capacity as a Lead Entity for all.members
for the purposes of the ACT, has the sei�t dal authority_and administrative capacity to
carry out the purposes of the HOME pr ; aff of its members, and assumes overall
responsibility for ensuring that the cons+iourart* HOME Program is carried out in compliance
with the ACT, including requirements oonodthfAg the Con-Plan; and,
WHEREAS, the HOME Consortium members are the cities of Chino Hills, Rancho
Cucamonga, San Bernardino, and the C"iity of San Bernardino, which also includes twelve
(12) additional non-entitlement cities idenff 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
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2014-151
Supervisors on behalf of COUNTY elects to terminate this Agreement under the requirements
for termination described herein; and,
I
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
f HOME Program fiscal years 2015-16 through 2017-18, which begin July 1, 2015 and end June
30, 2018.
I
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, N 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
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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 cant' 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
J with such needs,objectives, or strategies as COUNTY shall decide.
B. 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 1988,Title Vl and Vil 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,tha#affitatively further fair housing within their own
jurisdiction or impede COUNTY actionsto pty*tli its#air housing cettification. ITl ES 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 or1hrough 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.
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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
i 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.
f
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,:20'14 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 Y4ear Tenor and Expendltufv,Oates
Qualification Period-Federal°lei , f,�(� Coup f tarn nditure Years
2015 10/1/2014_9/. . /2'16 7/1/2015-6/30/2016
2016 10/112015--9/30 20116 7/1/2016-6/30/2017
2017 10/1/2016-9/30'2017 7/1/2017-6130/2018
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
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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(3yyear period.
Notification Deadlines for Participation in Subsequent Qualification Periods
January 15 'County notifies Cities of o ion t6,wi#hdraw.foom Consortium
March 15 Cities notify County of iritention:to pa rtici ate 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.
i
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 Pmo, m�dteso�kaQd 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 H.00).resulting from COUNTY's-performance,of this
Agreement and caused by any act or omission of COUNTY, including failure to tomply.with any
requirement of the ACT or the HOME Vre0ram 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.ail MOMS funds-toeived during each of the federal
fiscal years of the qualification period,are-exp8nded on eligible activities, or returned to .HIED.
The terns of this Agreement shall continue until?expendture 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:et 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.
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2014-151
f
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
I
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
I
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 arty of the requirements herein,COUNTY shall provide
a Notice of Default("Notice of Default")dosc dbing the default and an opportunity to cure within
thirty(30)days of receipt of the Notice of Default. 1f 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
v
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.
i
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
below.
COUNTY OF SAN BERNARDINO CITY OF CHINO HILLS
Janice Rut rford, Chair Ci ana r
Board of S ervisors
Date: JUN 17 7014 Date: S-to—(4
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT Attest:
HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE B RD
LAURA H.W ; rd of
Supervisor O �O ity Clerk
g Date:
Date:
Approved as to -
JEAN-RENE BASLE, ounty Counsel APPROVED AS TO FORM:
San Bernardino County, California
Michelle to mo City Attorney
Chief Assis an my Counsel
Date: G"�_`�+i Date:
Page 7 of 9
_ 201.5-70
2014-151
SAN BERNARDINO COUNTY
HOME INVESTMENT PARTNERSHIP PROGRAM
i
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-irk: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 CUCAMONG4
Janice t+t ord,Chairman City Manager
Board of ImIrvisors
Date: JUN 17 2014 Date: 14'
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT Attest:
HAS BEEN DELIVERED TO THE
CHAIRMAN-OF THE.
LAURA H.W @ d of
Supervisors `s{j tty Clerk
8 Date: ' of
Date:
Approved as to L
JEAN-RENE 5"1 Counsel APPRqVED AS TO FORM:
San Bernardino County,California
By: `. - -
Michelle tB City Atto e
Chief Assistant my Counsel
Date: t-',.�14 Date: r
Page 8 of 9
2015-70
2014-151
SAN BERNARDINO COUNTY
HOME INVESTMENT PARTNERSHIP PROGRAM
}
COOPERATION AGREEMENT FOR HOME CONSORTIUM
i
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 811-signatories had signed the same document. All
I
counterparts must be construed together to constitute one(1) instrument.
!
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
below.
i
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
d�
{ Janice ut' rford, Chairman City alter
i Board of`S' rvisors
Date: J1JN 17-2MA Date:
SIGNED AND CERTIFIED THAT
A 00 Q0h — C ENT Attest:
HAS " W pWRED TO THE
CHAIRM AiV OF'AWE BOARD
LAURA H. t ' and of
Supe-0. a -- tip City Clerk
B Date: t- 1 -
{
Date:
JUG
ono
Approved as to 1*
JEANAENE BASL`E,County Counsel APPROVED AS TO FORM:
San Bernardino County, California
By. 'r 1
Michelle ore, C' tt ey
Chief Assistant y Counsel
Date: (0-IL-81f Date: 507 I`�
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