Cooperation Agreement
(PLHA Funds)
COOPERATION AGREEMENT
FOR ADMINISTRATION OF PLHA PROGRAM FUNDS
THIS COOPERATION AGREEMENT (this “Agreement”) is entered into this _______ day of _____________, 2024, by and between the HOUSING AUTHORITY OF THE CITY OF GLENDALE, a public body, corporate and politic (the “Authority”), and the CITY OF GLENDALE, a charter city of the State of California (the “City”), with reference to the following facts:
A. Chapter 364, Statutes of 2017 (SB 2, Atkins “SB 2”) was part of a 15 -bill housing package aimed at addressing California’s housing shortage and high housing costs. Specifically, it established the Building Homes and Jobs Act (California Health and Safety Code section 50470 et seq.) which created the Building Homes and Jobs Trust Fund and establishes a permanent source of funding intended to increase the affordable housing stock in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity.
The legislation directs the California Department of Housing and Community Development (“HCD”), beginning in calendar year 2019, to provide financial assistance to local governments for eligible housing-related projects and programs to assist in addressing the unmet housing needs of their local communities. The program is referred to as the Permanent Local Housing Allocation (“PLHA”) Program.
B. Pursuant to the PLHA Program, the City has received from HCD a current allocation of PLHA Program funds in the amount of $3,697,671 and will receive future allocations of PLHA Program funds from time to time in accordance with SB 2 (the “PLHA Funds”).
C. PLHA Funds are governed by the Building Homes and Jobs Act (California Health and Safety Code section 50470 et seq.) (as the same may be amended or modified from time to time), the Permanent Local Housing Allocation Final Guidelines dated October 2019 adopted by HCD with regard to the PLHA Program (as the same may be amended or modified from time to time), Standard Agreements entered into or to be entered between the City and HCD with respect to the PLHA Funds, and any future regulations and/or guidelines promulgated under Health and Safety Code Section 50470 et seq. (collectively, the “PLHA Rules”).
D. The Authority is the public entity that historically has been responsible for coordinating, administering, and implementing low and moderate income housing projects in the City of Glendale and is qualified and experienced to do so.
E. The Authority administers the City’s Affordable Housing Strategy and the City and the Authority mutually desire that the Authority also administer the PLHA Funds.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. The Authority shall be respo nsible for administering the PLHA Funds. The Authority shall also be responsible for administering the reuse of funds that are received by the Authority in repayment of any PLHA Funds.
Exhibit 4
Cooperation Agreement
(PLHA Funds)
2. The City hereby delegates to the Authority such powers and functions of the City as are necessary or appropriate to the Authority’s exercise of the obligations set forth in Paragraph 1 of this Agreement.
3. The Authority shall carry out its obligations hereunder in accordance with the PLHA Rules and other applicable federal, sta te, and local laws and regulations. The Authority shall administer the PLHA Funds in a manner that furthers the objectives of the City’s Affordable Housing Strategy.
4. The Executive Director of the Authority or designee(s) is hereby authorized to execute such agreements, documents , and instruments as may be necessary or convenient to the Authority’s performance of its obligations hereunder, including but not limited to d raw requests for disbursements by HCD.
5. In contemplation of the provisions of California Government Code section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code section 895.2. To achieve the above -stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, cost or expenses that may be incurred by such other party solely by reason of Government Code section 895.2.
6. This Agreement may be executed in duplicate originals, each of which is deemed to be an original. This Agreement constitutes the entire understanding and agreement of the parties.
7. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement.
8. This Agreement is intended solely for the benefit of the Authority and the City.
Notwithstanding any reference in this Agreement to persons or entities o ther than the Authority and the City, there shall be no third party beneficiaries under this Agreement.
9. All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representatives of the parties.
10. If any term, provisions, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
11. This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law.
Cooperation Agreement
(PLHA Funds)
IN WITNESS WHEREOF, Authority and City have signed this Agreement as of the dates set opposite their signatures.
THE HOUSING AUTHORITY OF THE
CITY OF GLENDALE, CALIFORNIA
Dated:_______________ By:_____________________________ Roubik Golanian
Executive Director
APPROVED AS TO FORM AND LEGALITY:
MICHAEL J. GARCIA, CITY ATTORNEY
General Counsel to the Authority
By:______________________________
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
Special Counsel to the Authority
By: ______________________________
Susan Apy
CITY OF GLENDALE, CALIFORNIA
Dated:_______________ By:_____________________________ Roubik Golanian
City Manager
APPROVED AS TO FORM AND LEGALITY:
MICHAEL J. GARCIA, CITY ATTORNEY
By:______________________________