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HomeMy WebLinkAboutMINUTES - 09141993 - 1.157 46 Contra Costa TO: BOARD OF SUPERVISORS county FROM: Harvey E. Bragdon Director of Community Development DATE: September 14, 1993 SUBJECT: Cooperation Agreement for the Contra Costa HOME Program Consortium SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Chair of the Board of Supervisors or his designee to execute a Cooperation Agreement between the County of Contra Costa and the City of Pittsburg for purposes of cooperatively supporting affordable housing development through participation in the HOME Investment Partnership Act Program. FISCAL IMPACT No General Funds are involved. BACKGROUND/REASONS FOR RECOMMENDATIONS On behalf of the Urban County, Contra Costa County has been designated - as a Participating Jurisdiction under the HOME Investment Partnership Act. As a Participating Jurisdiction, the County has received federal HOME Program funds for use in maintaining and developing affordable housing throughout the Urban County (all of Contra Cc sta with t e CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA ON OF 7RD COMMIT7 E APPROVE OTHER / SIGNATURE(S) : ACTION OF BOARD ON SEP 14 199j APPROVED AS RECOMMENDED >(_ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES : NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Kathleen Hamm SEP 14 1993 646-4208 ATTESTED Cc: County Administrator PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Auditor-Controller (N. Garnett) AND COUNTY ADMINISTRATOR Community Development City of Pittsburg BY lam(. , DEPUTY exception of Antioch, Concord, Richmond, and Walnut Creek) . On June 15, 1993, the Board of Supervisors authorized the Chair to enter into Cooperation Agreements with the . Cities of Antioch, Concord, and Walnut Creek to create the Contra Costa HOME Program Consortium and increase the availability of resources for affordable housing development in the County. The City of Richmond receives HOME funds as a separate Participating Jurisdiction. On July 22, 1993, the U.S. Department of Housing and Urban Development approved the Consortium. Since creation of the Consortium, the City of Pittsburg has withdrawn from the Urban County to become an independent entitlement jurisdiction for purposes of participation in the federal Community Development Block Grant Program. In order for the City to continue to participate in HOME through the local program, the City must now join the Contra Costa HOME Program Consortium. On August 16, 1993, the Pittsburg City Council authorized the Mayor to sign a Cooperation Agreement with the County for this purpose. The addition of the City of Pittsburg to the Consortium will further increase the availability of resources for affordable housing development in Contra Costa. kV kh/Consort6 COOPERATION AGREEMENT FOR THE CONTRA COSTA HOME PROGRAM CONSORTIUM THIS AGREEMENT is made by and between the County of Contra Costa, a political subdivision of the State of California (hereinafter called "COUNTY" ) and the City of Pittsburg , a duly incorporated City within the County of Contra Costa (hereinafter called "CITY") . WHEREAS, the Congress of the United .States has enacted the Cranston Gonzalez National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992 (hereinafter called "Act" ) , and WHEREAS, Title II of the Actcreates the HOME Investment Partnership Program (hereinafter called "HOME" ) that provides funds to state and local governments to increase and maintain the supply of housing affordable to lower income households through the acquisition, rehabilitation and new construction of rental housing, the rehabilitation of owner-occupied housing, and the provision of first-time homebuyer and tenant-based rental assistance; and WHEREAS, Federal regulations under 24 CFR Part 92 have been adopted for purposes of implementing the HOME Program pursuant to the Act; and WHEREAS, Title I of the Act requires local governments to formulate a Comprehensive Housing Affordability Strategy (hereinafter called "CHAS" ) as part of the eligibility requirements for HOME funds; and WHEREAS, the COUNTY has heretofore qualified as an Urban County under the Housing and Community Development Act of 1974, as amended, and as a Participating Jurisdiction under the National Affordable Housing Act of 1990, the COUNTY is eligible to receive a formula allocation of HOME funds for use in supporting affordable housing activities throughout the Urban County; and WHEREAS, the Act permits local governments to form; CONSORTIA for purposes of receiving and administering HOME funds and carrying out the purposes of the Act; and WHEREAS, the Act requires that a CONSORTIUM shall have one member unit of general local government authorized to act in a representative capacity for all member units for purposes of the Act and to assume overall responsibility for ensuring that the Consortium's HOME program is implemented in accordance with the requirements of the Act; and WHEREAS, the COUNTY solicits Contra Costa CITIES which are not in the Urban County to join with COUNTY in creating a CONSORTIUM for purposes of receiving HOME funds and cooperatively supporting affordable housing development throughout the geographic area of the Consortium; and EXHIBIT WHEREAS, the CITIES of Antioch, Concord, and Walnut Creek, are not in the Urban County and have expressed interest in joining with COUNTY and the fourteen ( 14) smaller CITIES within the Urban County in creating a CONSORTIUM for purposes of the HOME Program; and WHEREAS, CITY now desires to enter into the instant Consortium Agreement with the COUNTY of Contra Costa so that it may qualify, under applicable provisions of the Act and Federal regulations, as co-participant with COUNTY in eligible activities under the Act: THEREFORE, IN CONSIDERATION OF THE FOREGOING, it is agreed that: 1 . Purpose. Through this Agreement, CITY and COUNTY agree to jointly form the CONTRA COSTA HOME PROGRAM CONSORTIUM, hereinafter called the "CONSORTIUM" , for the purpose of undertaking or assisting in undertaking HOME-eligible housing activities and projects pursuant to the Act and including, but not limited to the acquisition, rehabilitation, and new construction of rental housing, the rehabilitation of owner- occupied housing, and the provision of first-time homebuyer and tenant-based rental assistance as described in 24 CFR Part 92 . 2 . Consortium Representative. COUNTY shall act as the representative member of the CONSORTIUM for purposes of the Act and implementation of the HOME Program., 3 . Consortium Representative' s Responsibility. COUNTY, as designated representative of the CONSORTIUM, has the responsibility under the Act and in the view of the U.S . Department of Housing and Urban Development (hereinafter "HUD" ) and the right under this Agreement: ( 1) to carry out the Consortium's HOME Program in compliance with the requirements of the Act and 24 CFR Part 92 ; (2) to determine the adequacy of performance under project agreements and procurement contracts; (3) to take appropriate action when problems arise; and (4) to submit documents to HUD as required- for participation in the HOME Program. The latter documents include: the five-year CHAS, Annual Strategy Statement, and Performance Report as required by 24 CFR Part 91; HOME Program Description; HOME Annual Performance Report; . and such other documents as HUD may require. 4 . City Responsibility. CITY agrees to provide COUNTY with complete and accurate information concerning CITY activities as requested by COUNTY for the purpose of implementing and monitoring the HOME Program in accordance with I the requirements of the Act and 24 CFR Part 92, including all information County requests for purposes of preparing the following documents : the five-year CHAS, including the Annual Strategy statement, and Annual Performance Report; the HOME Program Description; the HOME Annual Performance Report; and such other reports as COUNTY may request to carry out eligible housing activities or meet Federal requirements. All r information shall be submitted on forms prescribed by COUNTY. CITY also agrees to maintain and make available upon request all records concerning the activities carried out under this agreement for inspection by COUNTY or Federal officials during regular office hours. 5 . CHAS Approval. CITY shall have thirty (30) calendar days to approve the portions of the CHAS which pertain to CITY before COUNTY submits final CHAS to HUD, after which time the CHAS shall be deemed approved by City. COUNTY shall incorporate CITY changes in CHAS, if any, provided that they meet the requirements of the Act and implementing regulations , including 24 CFR Part 91 for the CHAS, and 24 CFR Part 92 for the HOME Program. 6 . Additional Responsibilities . Each party 'to this Agreement shall affirmatively further equal opportunity and fair housing in accordance with the requirements of 24 CFR Part 92 . 350 . 7 . Approval Responsibility. a. As the Consortium representative, COUNTY shall have final right, in County' s discretion, to approve the HOME Program Description and the allocation of HOME funds among eligible activities and projects to improve affordable housing opportunities . b. COUNTY shall be assisted in this process by a Technical Review Committee (hereinafter called "COMMITTEE" ) to be appointed by the County Board of Supervisors and composed of seven members with expertise in affordable housing development, including four members to be nominated by COUNTY and three to be nominated by the seventeen Cities located within the geographic boundaries of the Contra Costa HOME Program Consortium. With regard to the City. nominees, the County will be divided into three regions , East County, Central County, and West County, with one Committee representative nominated by the City Managers in each region. C. The COMMITTEE will develop recommendations for the Board of Supervisors concerning the HOME Program Description and the allocation of 'HOME funds among eligible affordable housing programs and projects . The Contra Costa County Community Development Department will be responsible for preparation of a draft HOME Program Description and initiation of a competitive application process for HOME funds . The Department will analyze and evaluate all proposals submitted with. regard to priorities established in the Program Description and eligibility under federal regulations . Preliminary funding recommendations will be developed for review and consideration by the COMMITTEE. The COMMITTEE will review the Program Description and preliminary recommendations and will develop final recommendations for review and consideration by the Board of Supervisors . d. CITY shall approve each project funded with HOME funds within their City boundaries prior to COUNTY approval of funding for such projects with HOME funds, provided that the CITY approval or disapproval shall not obstruct implementation of the approved CHAS for the CONSORTIUM. 8 . Communications . CITY designates City Manager or his/her designee as the CITY representative to whom all notices and communications from COUNTY shall be directed. COUNTY' s duty to notify CITY shall be complete when the communication is sent to the designated representative. It is the exclusive duty of the designated representative to notify the appropriate individuals and departments within the CITY. All communications between CITY and COUNTY required herein shall be sent to the following addresses : CITY: City of Pittsburg S. Anthony Donato, City Manager Post Office Box 1518 Pittsburg,. California 94565 COUNTY: Contra Costa County Community Development Department 651 Pine Street, 4th Floor/North Wing Martinez, California 94553 Attn: Deputy Director - Redevelopment 9 . Hold Harmless Provisions . a. Pursuant to Government Code Section 895 .4, CITY shall defend, indemnify, and hold harmless COUNTY, its officers, employees, and agents from all claims, costs , suits, actions, or losses of any type, and from liability for any fines, penalties, or damages of any type, resulting from CITY's negligent or wrongful 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, costs , suits, actions, losses, or liability arise from any act or omission of COUNTY. b. Pursuant to Government Code Section 895 .4, COUNTY shall defend, indemnify, and hold harmless CITY, its officers, employees, and agents from all claims, costs, suits, actions, or losses of any type, and from liability for any fines, penalties, or damages of any type, resulting from COUNTY's negligent or wrongful 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, costs, suits, actions, losses, or liability arise from any act or omission of CITY. q- Each CITY participating in the Contra Costa HOME Program CONSORTIUM shall defend, indemnify, and hold harmless all other participating CITIES for CITY' s negligent acts or omissions arising from this Agreement. 10 . Term. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until all activities funded for Federal fiscal years during which COUNTY AND CITY were participating jurisdictions in the CONSORTIUM are completed. COUNTY and CITY will be included in the CONSORTIUM for a minimum of three (.3) Federal fiscal years beginning in FY 1994 . 11. Additional Members. COUNTY as the lead representative ofthe Consortium shall be authorized to amend the Agreement on behalf of the 'entire CONSORTIUM to add new members. to the Consortium. 12 . Minor Amendments . Should it be'come necessary to change the language of this Agreement to meet HUD approval, without making major changes and without altering the intent of the Agreement, such changes may be made administratively with the written consent of both the City Manager of CITY and the CHAIR of the COUNTY Board of Supervisors . 13 . Headings . The headings in this document are merely for the convenience of the parties, and do not form a material part of this document. Headings shall not be considered in the construction of this document. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. CITY OF Pittsbtir CONTRA COSTA C�T � BY: By. I X11 Mayor Chair, Board of Supervisors I hereby certify that the I hereby certify that the Mayor was duly authorized to Chair of the Board of execute this document on Supervisors was duly behalf of the City of authorized to execute Pittsburg this document on behalf by a majority vote of the of the County of Contra City Council on Costa by a majority vote August 16 , 1993 of the Boa d of Super- visors on / - ATTES ATTEST: ;Phil Batchelor C ' y Clerk Clerk of the Board of Supervisors and County Administrator APPROVED 0 0 APPOnounty-Zounsel 0 FO City Attorney kh/k5/Con94