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HomeMy WebLinkAboutMINUTES - 06151993 - 1.67 1 -67 Contra TO: BOARD OF SUPERVISORS ' CoSta n7 FROM: Harvey E. Bragdon °o;----- - County Director of Community Development DATE: June 15, 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 Cooperation Agreements between the County of Contra Costa and the Cities of Antioch, Concord, and Walnut Creek for purposes of participating in the HOME Investment Partnership Program and cooperatively supporting affordable housing development throughout the geographic area of the Consortium. 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 (PJ) for purposes of the HOME CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE APPROVE OTHER i v� SIGNATURE(S) : ACTION OF BOARD ON jUN 15 1993. 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 JUN 15 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 File D1 . 10(d) BY DEPUTY Investment Partnership Program (HOME) funded through the U.S. Department of Housing and Urban Development. The Urban County includes all of Contra Costa with the exception of the following cities : Antioch; Concord; Walnut Creek; and Richmond. HOME funds are distributed to PJs by formula. During FY 1993, the County was allocated $1,054, 000 for use in funding HOME-eligible projects in the Urban County. Richmond has also been designated as a PJ for purposes of the HOME Program, receiving an allocation of $485, 000 in FY 1993 . Antioch, Concord and Walnut Creek are currently limited to participating in HOME through the State Program. The creation of a HOME Program Consortium consisting of the County and cities of Antioch, Concord, and Walnut Creek will increase the availability of resources for affordable housing development in Contra Costa and facilitate cooperative efforts to maintain and increase the supply of decent, safe, and sanitary housing affordable to lower income households throughout the geographic area of the Consortium. The three cities have expressed interest in joining with the County to establish a Contra Costa HOME Consortium and have scheduled approval of the required cooperation agreements by their respective City Councils during the month of June. As specified in the cooperation agreement, Contra Costa County will be the Consortium Representative for purposes of HOME Program participation. As such, the County will be authorized to act in a representative capacity for all Consortium members and will be responsible for ensuring that the HOME Program is carried out in compliance with the National Affordable Housing Act and federal regulations . The program will continue to be implemented through the Contra Costa County Community Development Department. Consortium members have agreed that HOME funds will be distributed through a competitive application process . As the Consortium Representative, the County will have final responsibility for the allocation of HOME funds among eligible activities . The County will be assisted in this process. by a Technical Review Committee composed of representatives with expertise in affordable housing development, including four members to be nominated by the County and three members to be nominated by the .Cities. The Committee will be responsible for the development of recommendations for approval by the Board of Supervisors concerning the HOME Program Description and the allocation of HOME funds among eligible housing programs and projects . kh/k5/consort5 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 Antioch , 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 Act creates 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 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 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 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 Dewy Director of Community Development 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 Antioch Community Development Department P. 0. Box 130 Antioch, CA 94509 Attn: Deputy Director - Redevelopment/Housing/ Economic Development 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. C. 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 of the 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 become 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 ANTIOCH CONTRA C0991INT BY: By: 101+4 K!))Pr 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 Antioch this document on behalf by a majority vote of the of the County of Contra City Council on June 8, Costa by a majority vote 1993. of the Board of Super- visors on 6,-15--93 ATTEST: ATTEST: City Clerk C1 rk o the Board of ervisors and County Administrator APPROVED AS TO FORM: APP OV S TO FORM: kw"6&.-" City Attorney Co y o nsel kh/k5/con94 C RESOLUTION NO. 93/116 RESOLUTION OF THE CITY OF ANTIOCH APPROVING THE COOPERATION AGREEMENT FOR THE CONTRA COSTA HOME CONSORTIUM WHEREAS, Title II of the Cranston-Gonzalez National Affordable Housing 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, 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 Act permits local governments to form CONSORTIA for purpose of receiving and administering HOME funds and carrying out the purposes of the Act; and WHEREAS, the cities of Antioch, Concord, and Walnut Creek and the County of Contra Costa with its fourteen smaller cities in the "Urban County" ("COUNTY") have jointly expressed an interest in creating a CONSORTIUM for purposes of the HOME Program; and WHEREAS, the City of Antioch now desires to enter into a Cooperation Agreement for the Contra Costa HOME Consortium consisting of the cities of Walnut Creek, Concord, Antioch and "COUNTY" . NOW THEREFORE BE IT RESOLVED, that the City Council approves the Cooperation Agreement for the Contra Costa HOME Consortium attached hereto and incorporated herein by reference, and directs the Mayor to execute that and any other documents necessary to establish the Consortium. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 8th day of June 1993, by the following vote: AYES: Council Members Freitas, Rimbault, Rocha and Hernandez NOES: None ABSENT: Mayor Keller -M �)Q- 0_�b 0 �C T CLERK OF THE CITY OF ANTIOCH 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 Concord, 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 Act creates 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 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: I PurMse. 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 fust-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. CityResQonsibility . 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 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 information shall be submitted on forms prescribed by COUNTY. CITY also agrees to maintain and made available upon request all 2 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 project. The Contra Costa Community Development Department will be responsible for preparation of a draft HOME Program Description and initiation of a tompetitive 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 COM]MIITEE will review the Program Description and preliminary recommendations and will develop final recommendations for review and consideration by the Board of Supervisors. 3 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 Shadrick H. Small 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 Concord Housing and Community Services Department 1950 Parkside Drive, M/S 27 Concord, CA. 94519 COUNTY: Contra Costa County Community Development Department 651 Pine Street, 4th Floor/North Wing Martinez, CA. 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. Rursuant 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. 4 C. 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 of the 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 become 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. 5 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. CITY OF CON (ORD, a municipal corporation June 14, 1993 By; Date F. A. S , ity Manager I hereby certify that the City Manager was duly authorized to execute this document on behalf of the City of Concord by a majority vote of the City Council on June 8, 1993. ATTEST: City Clerk, a>X APPROVED A5 FORM: City Attom CONTRA COSTA COUNTY By. X. 7a'XI4.P— Date Chair, Board of Supervisors I hereby certify that the Chair of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Contra Costa by a majority vote of the Board of Supervisors on 93 ATTEST: ClerkXf the Board of Supervisors and County ministrator APPROVED AS TO FORM: A Li Coun sel 6 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 Walnut Creek , 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 Act creates 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 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 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 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 • J 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 Walnut Creek Ibbb NO. wa-Lnut creek, Ca 94596 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. C. 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 of the 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 become 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 CONTRA�,�TA� TY BY: By: Ion � dAL . 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 e alf of t City of authorized to execute ,( j����,` �� this document on behalf by a majority vote of the of the County of Contra City Council on 1 Costa by a majority vote /q 119, of the Board of Super- visors on f,6, 71eq ATTEST ATTEST: 3 City Clerk Cl'err of the Board of Supervisors and Ccmnt Administrator APPROVED AS TO FORM: APPROVED AS TO FORM: � / City Attorney County Counsel kh/k5/Con94 i