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HomeMy WebLinkAboutMINUTES - 06181996 - C49 z N Contra - l TO: BOARD OF SUPERVISORS `�'" Costa T.. J� County FROM: Harvey E . Bragdon C Director of Community Development DATE: June 18, 1996 SUBJECT: Cooperation Agreements 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, Pittsburg, and Walnut Creek for purposes of participating in the HOME Investment Partnership Program and cooperatively supporting affordable housing development throughout the Consortium area.- FISCAL IMPACT NONE. No General Funds are involved. BACKGROUND/REASONS FOR RECOMMENDATIONS In FY 1994 , Contra Costa County as the Urban County representative and the Cities of Antioch, Concord, Pittsburg and Walnut Creek joined CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA9 COMMITT E APPROVE OTHER v SIGNATURE(S) : ACTION OF BOARD ON 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 R I S 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 Consortium Members via Comm. Dev. BY �, DEPUTY together to form the Contra Costa HOME Program Consortium for purposes of participation in the HOME Investment Partnership Act Program (HOME) . The Consortium area includes all of Contra Costa with the exception of the City of Richmond, which is a separate Participating Jurisdiction and recipient of HOME funds . The goal of the Consortium is to increase the supply of decent, safe, and sanitary housing affordable to lower income households throughout the Consortium area. During the FY 1994 to 1996 period, Consortium HOME funds have been used in conjunction with available federal, state and local public and private resources to fund projects which, when complete, will provide: 0 130 units of newly constructed multifamily rental housing affordable to very-low income senior households; 0 142 units of newly constructed and 29 units of rehabilitated multifamily rental housing affordable to lower-income households; o affordable homeownership opportunities for 76 lower-income first-time homebuyer households; and o six units of transitional housing for battered women and their families . City Consortium Members have expressed their desire to continue collaboration in the development of affordable housing through continuation of the Consortium for an additional three years beginning with FY 1997 . As specified in the new Consortium Agreement, Contra Costa County will continue to 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 . HOME funds will continue to be distributed through a competitive application process . As Consortium Representative, the County will have final responsibility for the allocation of HOME funds among eligible activities and projects . The HOME Program will continue to be administered through the County Community Development Department. The Contra Costa Consortium has been successful in improving affordable housing opportunities in the Consortium area. The County' s continued participation in the Consortium will greatly facilitate collaborative County and City efforts to further increase and maintain the supply of affordable housing opportunities for Contra Costa employees and residents . kh/k14/Con2 yq 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 ,aduly 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 I1 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 Consolidated Plan (hereinafter called "Plan") 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, Pittsburg, and Walnut Creek are not in the Urban County, and have previously joined with the County to create the CONTRA COSTA HOME PROGRAM CONSORTIUM for purposes of participating in the HOME Program during the period FY 1994 through FY 1996; and WHEREAS, the Cities of Antioch, Concord, Pittsburg, and Walnut Creek have expressed interest in joining with COUNTY and the thirteen (13) smaller CITIES within the Urban County to continue participation in the CONTRA COSTA HOME PROGRAM 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 continue to 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 Consolidated Plan, Annual Action Plan, and Performance Report as required by 24 CFR Part 91; reports and documentation specific to the HOME Program as specified by 24 CFR Part 92; 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 Consolidated Plan, including the Annual Action Plan, and Annual Performance Report; reports and documentation specific to the HOME Program as required by 24 CFR Part 92; 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. Consolidated Plan Approval. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Plan to HUD, after which time the Plan shall be deemed approved by CITY. COUNTY shall incorporate CITY changes in the Plan, if any, provided that they meet the requirements of the Act and implementing regulations, including 24 CFR Part 91 for the Plan, 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 allocation of HOME funds among eligible activities and projects to improve affordable housing opportunities. b. COUNTY shall be assisted in this process by the Affordable Housing Finance Committee (hereinafter called "COMMITTEE") to be appointed by the County Board of Supervisors and composed of nine members with expertise in affordable' housing,development, including six 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 allocation of HOME funds among eligible affordable housing programs and projects. The Contra Costa County Community Development Department will be responsible for 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 Consolidated Plan and eligibility under federal regulations. Preliminary funding recommendations will be developed for review and consideration by the COMMITTEE. The. COMMITTEE will review the 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 Consolidated Plan for the CONSORTIUM. 8. Communications. CITY designates Douglas R. Ward 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 PO Box 5007 Antioch CA 94531-5007 Attn: Douglas R. Ward 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 pursuant to 24 CFR 92.507. a. COUNTY and CITY will be included in the CONSORTIUM for a minimum of three(3) Federal fiscal years beginning in FY 1997. No Consortium Member may withdraw from the Agreement while the Agreement remains in effect. b. The program year for all Consortium Members with the exception of the County begins on July 1. The County is currently moving its program year from April 1 to July 1 over a three year transition period to achieve consistency with other Consortium Members by the beginning of FY 1998. 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 CONTMA A O Y BY: BY: y-' Mayor Chir, and of Supervisors I hereby certify that the Mayor was I hereby certify that the Chair of the duly authorized to execute this docu- Board of Supervisors was duly authorized ment on behalf of the City of to execute this document on behalf of Antioch by a the County of Contra Costa by a majority majority vote of the City vote of the Board of Supervisors on Council on MAT S� Iq4?6_. �0 �„�_ iS . 096 . ATTEST: ATTEST: � City Clerk Clerk of t Board of Supervisors and County Administrator APPROVED AS TO FORM: O D AS TO ORM: City Attorneyount C nsel kh/k5/Con97 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 ,aduly 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 Consolidated Plan (hereinafter called "Plan") 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, Pittsburg, and Walnut Creek are not in the Urban County, and have previously joined with the County to create the CONTRA COSTA HOME 2697-A 5/31/96 cc: CCC Home Consortium, H. & C. S. t or PROGRAM CONSORTIUM for purposes of participating in the HOME Program during the period FY 1994 through FY 1996; and WHEREAS, the Cities of Antioch, Concord, Pittsburg, and Walnut Creek have expressed interest in joining with COUNTY and the thirteen (13) smaller CITIES within the Urban County to continue participation in the CONTRA COSTA HOME PROGRAM 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 continue to 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 Consolidated Plan, Annual Action Plan, and Performance Report as required by 24 CFR Part 91; reports and documentation specific to the HOME Program as specified by 24 CFR Part 92; 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 Consolidated Plan, including the Annual Action Plan, and Annual Performance Report; reports and documentation specific to the HOME Program as required by 24 CFR Part 92; 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. i 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. Consolidated Plan Approval. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Plan to HUD, after which time the Plan shall be deemed approved by CITY. COUNTY shall incorporate CITY changes in the Plan, if any, provided that they meet the requirements of the Act and implementing regulations, including 24 CFR Part 91 for the Plan, 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 allocation of HOME funds among eligible activities and projects to improve affordable housing opportunities. b. COUNTY shall be assisted in.this process by the Affordable Housing Finance Committee (hereinafter called "COMMITTEE") to be appointed by the County Board of Supervisors and composed of nine members with expertise in affordable housing development, including six 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 allocation of HOME funds among eligible affordable housing programs and projects. The Contra Costa County Community Development Department.will be responsible for 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 Consolidated Plan and eligibility under federal regulations. Preliminary funding recommendations will be developed for review and consideration by the COMMITTEE. The COMMITTEE will review the 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 Consolidated Plan for the CONSORTIUM. 8. Communications. CITY designates Janet Kennedy,. Housing 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: Housing & Community Services City of Concord 1950 Parkside Drive Concord, CA 94519-2578 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 pursuant to 24 CFR 92.507. a. COUNTY and CITY will be included in the CONSORTIUM for a minimum of three(3) Federal fiscal.years beginning in FY 1997. No Consortium Member may withdraw from the Agreement while the Agreement remains in effect. b. The program year for all Consortium Members with the exception of the County begins on July 1. The County is currently moving its program year from April 1 to July l over a three year transition period to achieve consistency with other Consortium Members by the beginning of FY 1998. 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 OFgon d CONT O OUNTY BY: BY: ayor Ch ir, •oard of Supervisors I hereby certify that the Mayor was I hereby certify that the Chair of the duly authorized to execute this docu- Board of Supervisors was duly authorized ment on behalf of the City of to execute this document on behalf of Concord by a the County of Contra Costa by a majority majority vote of the City vote of the Board of Supervisors on Coancil on May 31, 1996 LV 9 V ATTEST ATTEST: Cit Jerk Clerk of 13e Board of Supervisors and County Administrator C' q9 D TO a;cou S T FO City Attorney el kh/k5/Con97 f f 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 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 Consolidated Plan (hereinafter called "Plan") 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, Pittsburg, and Walnut Creek are not in the Urban County, and have previously joined with the County to create the CONTRA. COSTA HOME 4q PROGRAM CONSORTIUM for purposes of participating in the HOME Program during the period FY 1994 through FY 1996; and WHEREAS, the Cities of Antioch, Concord, Pittsburg, and Walnut Creek have expressed interest in joining with COUNTY and the thirteen (13) smaller CITIES within the Urban County to continue participation in the CONTRA COSTA HOME PROGRAM 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 continue to 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 Consolidated Plan, Annual Action Plan, and Performance Report as required by 24 CFR Part 91; reports and documentation specific to the HOME Program as specified by 24 CFR Part 92; 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 Consolidated Plan, including the Annual Action Plan, and Annual Performance Report; reports and documentation specific to the HOME Program as required by 24 CFR Part 92; 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. Consolidated Plan Approval. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Plan to HUD, after which time the Plan shall be deemed approved by CITY. COUNTY shall incorporate CITY changes in. the Plan, if any, provided that they meet the requirements of the Act and implementing regulations, including 24 CFR Part 91 for the Plan, 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 allocation of HOME funds among eligible activities and projects to improve affordable housing opportunities. b. COUNTY shall be assisted in this process by the Affordable Housing Finance Committee (hereinafter called "COMMITTEE") to be appointed by the County Board of Supervisors and composed of nine members with expertise in affordable housing development, including six 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 allocation of HOME funds among eligible affordable housing programs and projects. The Contra Costa County Community Development Department will be responsible for 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 Consolidated Plan and eligibility under federal regulations. Preliminary funding recommendations will be developed for review and consideration by the COMMITTEE. The. COMMITTEE will review the 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 Consolidated Plan for the CONSORTIUM. 8. Communications. CITY designates Lillian J. Pride 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: Lillian J. Pride City of Pittsburg P. O. Box 1518 _ Pittsburg, CA 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. C. Each CITY participating in the Contra Costa HOME Program CONSORTIUM shall defend, indemnify, and hold harmless all other participating CI'T'IES 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 pursuant to 24 CFR 92.507. a. COUNTY and CITY will be included in the CONSORTIUM for a minimum of three (3) Federal fiscal years beginning in FY 1997. No Consortium Member may withdraw from the Agreement while the Agreement remains in effect. b. The program year for all Consortium Members with the exception of the County begins on July 1. The County is currently moving its program year from April 1 to July l over a three year transition period to achieve consistency with other Consortium Members by the beginning of FY 1998. 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 PittsburgCONT C A O BY: BY: y Cir oard of Supervisors hereby certify that the Mayor was I hereby certify that the Chair of the duly authorized to execute this docu- Board of Supervisors was duly authorized ment on behalf of the City.of to execute this document on behalf of Pittsburg by a the County of Contra Costa by a majority majority vote of the City vote f the Board of Supervisors on Council on ` ATTES 0ATTEST: ity Clerk Clerk of e Board of Supervisors and County Administrator APPROVE 2, ( 119LIV TO FORM: RO AST FO �/ City Attorney o ty sel kh/k5/Con97 w;S 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 ,aduly 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 Consolidated Plan (hereinafter called "Plan") 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, Pittsburg, and Walnut Creek are not in the Urban County, and have previously joined with the County to create the CONTRA COSTA HOME PROGRAM CONSORTIUM for purposes of participating in the HOME Program during the period FY 1994 through FY 1996; and WHEREAS, the Cities of Antioch, Concord, Pittsburg, and Walnut Creek have expressed interest in joining with COUNTY and the thirteen (13) smaller CITIES within the Urban County to continue participation in the CONTRA COSTA HOME PROGRAM 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 continue to 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 Consolidated Plan, Annual Action Plan, and Performance Report as required by 24 CFR Part 91; reports and documentation specific to the HOME Program as specified by 24 CFR Part 92; 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 Consolidated Plan, including the Annual Action Plan, and Annual Performance Report; reports and documentation specific to the HOME Program as required by 24 CFR Part 92; 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. Consolidated Plan Approval. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Plan to HUD, after which time the Plan shall be deemed approved by CITY. COUNTY shall incorporate CITY changes in the Plan, if any, provided that they meet the requirements of the Act and implementing regulations, including 24 CFR Part 91 for the Plan, and 24 CFR Part 92 for the HOMEProgram. 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 allocation of HOME funds among eligible activities and projects to improve affordable housing opportunities. b. COUNTY shall be assisted in this process by the Affordable Housing Finance Committee (hereinafter called "COMMITTEE") to be appointed by the County Board of Supervisors and composed of nine members with expertise in affordable housing development, including six 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 allocation of HOME funds among eligible affordable housing programs and projects. The Contra Costa County Community Development Department will be responsible for 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 Consolidated Plan and eligibility under federal regulations. Preliminary funding recommendations will be developed for review and consideration by the COMMITTEE. The COMMITTEE will review the 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 Consolidated Plan for the CONSORTIUM. 8. Communications. CITY designates the 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 Manager City of Walnut Creek 1666 N. Main Street Walnut 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 pursuant to 24 CFR 92.507. a. COUNTY and CITY will be included in the CONSORTIUM for a minimum of three(3) Federal fiscal years beginning in FY 1997. No Consortium Member may withdraw from the Agreement while the Agreement remains in effect. b. The program year for all Consortium Members with the exception of the County begins on July 1. The County is currently moving its program year from April 1 to July 1 over a three year transition period to achieve consistency with other Consortium Members by the beginning of FY 1998. 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 WALNUT CREEK CONTWORT BY: ` BY: r ity Manager Ch r, and of Supervisors I hereby certify that the City Manager I hereby certify that the Chair of the was duly authorized to execute this Board of Supervisors was duly authorized document on behalf of the City of to execute this document on behalf of Walnut Creek by a the County of Contra Costa by a majority majority vote of the City vote of the Board of Supervisors on Council on June 4 , 1996 ATTEST: . ATTEST: ,Clerk Clerk of e Board of a � Supervisors and County Administrator APPROVED AS TO FORM: APEROVED AS City Attorney my unsel kh/k5/Con97