DocuSign Envelope ID: 7D2DB565-D5AB-43DF-B7E6-DC420B4DBF7C
AGREEMENT
This AGREEMENT is made and entered into this 1st day of July, 2023, by and between the CITY of ALAMEDA, hereinafter called "CITY," and the COUNTY OF ALAMEDA, hereafter called "COUNTY."
WHEREAS, the Congress of the United States has enacted the Cranston Gonzalez National Affordable Housing Act of 1990 and Federal regulations have been adopted pursuant thereto, hereinafter called the "Act"; and
WHEREAS, Title II of the Act creates the Home Investment in Affordable Housing Program, hereinafter called "HOME," that provides funds to states and local governments for acquisition, rehabilitation, new construction of affordable housing and tenant-based rental assistance; and
WHEREAS, the Act requires local governments to formulate a Consolidated Plan as part of the eligibility requirements for HOME funds; and
WHEREAS, funds from Title II are distributed to metropolitan cities, urban counties States, and consortia of local governments; and
WHEREAS, the Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and carrying out purposes of the Act; and WHEREAS, the Act requires that a local government member of an urban county participating in HUD's Community Development Block Grant (CDBG) program may participate in a consortium only through the urban county, and COUNTY is the lead agency of the Alameda County Urban County; and
WHEREAS, the Act requires that a consortium shall have one member unit of general local government authorized to act in a representative capacity as lead entity for all members for purposes of the Act and to assume overall responsibility for the Act, including requirements concerning the Consolidated Plan; and
WHEREAS, COUNTY has sufficient legal authority and administrative capacity to carry out the purpose of the HOME program on behalf of the Alameda County HOME Consortium ("CONSORTIUM") members and is the lead entity of the CONSORTIUM for the purposes of the Act, assuming overall responsibility for the Act on behalf of the CONSORTIUM members, including ensuring compliance with the requirements of the HOME program and Consolidated Plan. The COUNTY, as lead agency, has the authority to amend the consortium agreement on behalf of all members to add new qualifying members from the Alameda County Urban County to the CONSORTIUM when notified by HUD that it is appropriate to do so.
DocuSign Envelope ID: 7D2DB565-D5AB-43DF-B7E6-DC420B4DBF7C THEREFORE, it is agreed that:
1. CITY and COUNTY will cooperate in the operation of the CONSORTIUM, for the purpose of undertaking or assisting in undertaking HOME-eligible housing assistance activities pursuant to Title II of the Act including but not limited to, acquiring, rehabilitating, and constructing affordable housing and providing homebuyer and tenant-based rental assistance.
2. COUNTY is authorized to and shall act in a representative capacity as the lead entity for all members of the CONSORTIUM for the purposes of administering the HOME program.
3. COUNTY assumes overall responsibility for ensuring that the CONSORTIUM's HOME program is carried out in compliance with the requirements of the HOME program, including requirements concerning the Consolidated Plan.
4. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Consolidated Plan to the U.S. Department of Housing and Urban Development. COUNTY shall incorporate CITY changes in Consolidated Plan, if any, provided that they meet HOME requirements.
CITY shall approve each project funded with HOME funds within CITY before COUNTY approves funding project with HOME funds, provided that CITY approval or disapproval does not obstruct the implementation of the approved Consolidated Plan.
6. There shall be a Technical Advisory Committee for the Consortium to recommend spending priorities, policies, and review projects and proposed expenditures. CITY shall designate a staff member to participate on the Technical Advisory Committee.
CITY shall designate a 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 or departments within CITY.
To carry out activities under this Agreement, COUNTY shall allocate to CITY a portion or HoME candy our activitied under of HOME funds received under the Act. Initial allocations shall be approved by the Technical Advisory Committee for the CONSORTIUM. If necessary to meet HOME requirements, funds will be reallocated by COUNTY in accordance with such needs, objectives, or strategies as COUNTY shall decide. In preparing such needs, objectives, or strategies, COUNTY shall consult with CITY and Technical Advisory Committee before making its determinations.
9. Each party to this agreement and each CONSORTIUM member shall affirmatively further fair housing.
10. CITY shall pay COUNTY an annual fee to help defray COUNTY'S costs to administer the Consortium and perform monitoring, record-keeping, and reporting required by the Act. Such fee shall be based upon COUNTY'S expected actual costs and shall in no case exceed five percent (5%) of the CITY'S annual allocation of HOME funds.
2 DocuSign Envelope ID: 7D2DB565-D5AB-43DF-B7E6-DC420B4DBF7C
11. CITY shall provide COUNTY with all of the following information concerning CITY and the activities CITY carries out under this agreement which COUNTY requires to be prepared: 1) documents required to be submitted to HUD, 2) annual HOME performance report, 3) such other documents as COUNTY may require to carry out eligible housing activities or meet Federal requirements. All information shall be submitted on forms prescribed by COUNTY. In addition, CITY agrees to make available upon request all records concerning the activities carried out under this agreement for inspection by COUNTY or Federal officials during regular business hours.
12. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify, and hold harmless COUNTY, its officers, employees, and agents from all claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from CITY'S performance of this Agreement and caused by any act or omission of CITY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claim, suits, actions, losses, or liabilities arise from any act or omission of COUNTY.
13. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify, and hold harmless CITY, its officers, employees, and agents from all claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from COUNTY'S performance of this Agreement and caused by any act or omission of COUNTY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claims, suits, actions, losses, or liability arise from any act or omission of CITY.
14. CITY agrees to defend, indemnify, and hold harmless all other cities participating in the Alameda County HOME CONSORTIUM for CITY'S negligent acts or omissions arising from this Agreement.
15. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until the HOME funds received during each of the federal fiscal years of the qualification period (2024-2026) are expended on eligible activities or returned to HUD. CITY will be included in the Consortium for a minimum of three (3) federal fiscal years, specifically federal fiscal years 2024, 2025 and 2026. CONSORTIUM members, including CITY, shall not withdraw from the CONSORTIUM during this period (federal fiscal years 2024-2026).
16. The beginning of the CONSORTIUM's program year is July 1 and the end of the CONSORTIUM's program year is June 30. All CONSORTIUM members, including CITY, must be on the same program year for CDBG, HOME, Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) programs.
17. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. [SIGNATURES TO FOLLOW ON THE NEXT PAGE]
3 DocuSign Envelope ID: 7D2DB565-D5AB-43DF-B7E6-DC420B4DBF7C IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first mentioned above.
CITY OF ALAMEDA COUNTY OF ALAMEDA
A municipal corporation
Jennifer Ott President, Board of Supervisors
City Manager
DATE:_ DATE:_
APPROVED AS TO FORM: APPROVED AS TO FORM:
Donna R. Ziegler, County Counsel
- DocuSigned by: - DocuSigned by:
Len Aslanian By: kathleen J. Hall
By: L
- 766D25E39฿18464...
Len Aslanian Karnice 400i,
Assistant City Attorney Deputy County Counsel
3/23/2023
DATE:
By signing above, signatory warrants and represents that he/she executed this Agreement n his/her authorized capacity and that by his/her signature on this Agreement, he/she o the entity upon behalf of which he/she acted, executed this Agreement. 4