City of Sacramento
City Council - 1:30PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2026-00369 2/17/2026
[City Council/Housing Authority] Amendments to the Sacramento Housing and Redevelopment Agency (SHRA) Joint Powers Agreement (JPA) Between the City of Sacramento and County of Sacramento pursuant to California Government Code § 6500, et seq.; and Appointment of an Executive Officer of Sacramento Housing and Redevelopment Agency (SHRA)
File ID: 2026-00369
Location: Citywide
Recommendation: 1) Adopt a City Council Resolution a) approving amendments to the Joint Powers Agreement for the Sacramento Housing and Redevelopment Agency (SHRA), a JPA of the County of Sacramento and the City of Sacramento (California Government Code § 6500, et seq.); and b) appointing Kris Warren of CVR Associates, Inc. to serve as the Executive Officer of SHRA; and 2) adopt a Housing Authority Resolution approving amendments to the Joint Powers Authority, Sacramento Housing and Redevelopment Agency, a JPA of the County of Sacramento and the City of Sacramento (California Government Code § 6500, et seq.).
Contact: Michael Jasso, Assistant City Manager, (916) 808-1380, [email protected], City Manager's Office; James Shields, Acting Executive Director, (916) 440-1308, [email protected], Sacramento Housing and Redevelopment Agency
Presenter: Leyne Milstein, Assistant City Manager, (916) 808-8491, [email protected], City Manager’s Office
Attachments:
1-Description/Analysis
2-City Council Resolution
3-Exhibit A - Amended and Restated Joint Exercise of Powers Agreement 4-Housing Authority Resolution
5-Exhibit A - Amended and Restated Joint Exercise of Powers Agreement 6-JPA Amendments (Redline)
Description/Analysis
Issue Detail: In 1982, the Sacramento Housing and Redevelopment Agency (SHRA) was established through a Joint Powers Agreement (JPA) between the County of Sacramento and the
File ID: 2026-00369 2/17/2026
City of Sacramento (City) pursuant to California Government Code § 6500, et seq. SHRA was created to centralize and streamline housing and redevelopment efforts across both jurisdictions and currently serves as the primary administrator of federal, state, and local housing and community development programs.
SHRA operates with oversight provided by both the Board of Supervisors (Board) as the County and the Housing Authority of the County of Sacramento, and the Sacramento City Council (Council) as the City and the Housing Authority of the City of Sacramento. Each body retains authority over SHRA programs and funding decisions within its respective jurisdiction. SHRA also has an 11-member Housing Commission that serves as an advisory body for some items before they move to the Board or Council and has final decision-making authority for particular items, mostly related to Public Housing administration, that the Board and Council have delegated to this Commission. This structure was intended to ensure shared governance and equitable resource allocation.
In October of 2025, the longtime Executive Director of SHRA retired from her position and an Acting Director from within SHRA’s ranks was appointed for 30-day increments, while City and County staff were delegated the responsibility of procuring an Executive Director. The Board and Council approved shared criteria for the Executive Director search and City and County staff participated in interviews. Through multiple interviews with firms and candidates, CVR Associates, Inc. (CVR) was identified as the top firm for two contracts, with CVR Senior Vice President Kris Warren serving in the SHRA Executive Director role. Ms. Warren brings over 25 years of experience in affordable housing and public housing authority leadership, including executive roles at major housing authorities and federal housing policy positions, making her uniquely qualified to provide stability and strategic guidance during a critical period for SHRA. The Executive Director contract amount with CVR will be commensurate with the posted salary schedule for the SHRA Executive Director position.
The County and the City have worked together to select the Executive Director and upon her appointment, the County and City Executive teams will continue to work together to collaborate with the SHRA Executive Officer. In order to ensure continuity, if the contract with CVR is terminated, the resolution directs the appointment of SHRA staff to service as interim Executive Director.
City staff have also been closely coordinating with County and SHRA staff on the amendments to the Joint Powers Authority Agreement that were determined would be necessary to bring on CVR in the executive leadership role and to promote more effective oversight. The attached City Council and Housing Authority of the City of Sacramento resolutions seek approval of two recommended amendments to the JPA, included as Exhibit A to the resolutions, and Attachment 6 (redlined version) to this report that:
a) clarify that the JPA does not preclude the use of an external consultant as the Executive Director; and
File ID: 2026-00369 2/17/2026
b) SHRA must conduct an annual audit, must file and present the audit reports to the City Council and Board of Supervisors, and must provide semi-annual updates on corrective actions identified in the audit reports until any audit findings are resolved.
Staff recommends the City Council adopt the City Council and Housing Authority resolutions approving the recommended amendments to the JPA, and recommended appointment of Kris Warren of CVR Associates, Inc. to serve as the Executive Officer of SHRA.
Policy Considerations: The City of Sacramento and County of Sacramento are the two members of the SHRA joint powers authority initially formed in 1982 and therefore both parties must approve amendments to the JPA.
This action is consistent with the 2021-2029 Housing Element Policy H-7.2 Regional Coordination:
The City shall coordinate with the region and work with the Continuum of Care, Sacramento County, SHRA, and partner agencies to develop strategies that address homelessness through a shared vision, coordinated programs, and joint funding opportunities.
Economic Impacts: Not applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed actions are administrative and fiscal activities and do not make any commitments to, or give approvals for, specific projects or activities which have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed actions do not constitute a project subject to environmental review under the CEQA per Guidelines Section 15378(b). Environmental Review for specific projects will be completed prior to any discretionary action(s) being carried out with regard to such projects.
National Environmental Policy Act (NEPA): The proposed actions are administrative and fiscal activities and do not make any commitments to, or give approvals for, specific projects or activities and are exempt under the NEPA per 24 CFR 58.34(a)(2) and (3). Environmental Review for specific projects will be completed prior to any choice limiting action(s) being carried out with regard to such projects.
Sustainability: Not applicable.
Commission/Committee Action: On January 21, 2026, the Sacramento Housing and Redevelopment Commission adopted a resolution authorizing the Acting Executive Director, or his designee, to execute a Memorandum of Understanding with the County of Sacramento for the Sacramento Housing and Redevelopment Agency to reimburse the County for costs associated with
File ID: 2026-00369 2/17/2026
CVR Associates, Inc. consulting and interim executive consulting services, in an amount not to exceed $1,097,800.
Rationale for Recommendation: An amendment to the JPA is necessary to allow a consultant in the SHRA Executive Director role. The second amendment codifies the filing and presentation of annual audit reports and spells out a reporting requirement should audit findings exist and need to be remedied.
Financial Considerations: There is no cost or impact on the City General Fund to amend the JPA.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2026-
Adopted by the Sacramento City Council
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SACRAMENTO RELATING TO
THE AMENDED AND RESTATED SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY JOINT EXERCISE OF POWERS AGREEMENT; AND APPOINTING AN
EXECUTIVE OFFICER OF THE SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY
BACKGROUND
A. In 1982, the City of Sacramento (City), the County of Sacramento (County), the Housing Authority of the City of Sacramento, the Housing Authority of the County of Sacramento, the Redevelopment Agency of the City of Sacramento and the Redevelopment Agency of the County of Sacramento entered into a Joint Exercise of Powers Agreement (JPA) establishing the Sacramento Housing and Redevelopment Agency (SHRA) for the primary purpose of providing staffing for the City and County Housing Authorities and Redevelopment Agencies.
B. In 1990, the JPA was amended to include devising, proposing, conducting, evaluating and administrating public social service programs.
C. In 2011, the California Legislature enacted AB 1X 26, coupled with a subsequent decision of the State Supreme Court (California Redevelopment Association et al., v.
Matosantos), resulted in the dissolution of redevelopment agencies as of February 1, 2012;
D. The County of Sacramento, by Resolution Number 2012-0051 (adopted on January 24, 2012), elected to serve as the Successor Agency to the Redevelopment Agency of the County and designated the Housing Authority of the County of Sacramento as the local authority to retain the housing assets and functions previously performed by the Redevelopment Agency of the County of Sacramento.
E. The City of Sacramento, by Resolution Number 2012-018 (adopted on January 31, 2012), elected to serve as the Successor Agency to the Redevelopment Agency of the City and designated the Housing Authority of the City of Sacramento as the local authority to retain the housing assets and functions previously performed by the Redevelopment Agency of the City of Sacramento.
F. Since the establishment of SHRA, the Executive Director role has historically been filled by an individual employed directly by the Agency. However, following an unanticipated leadership transition, the City and County determined that the temporary use of external
executive consulting support was appropriate to ensure continuity of operations during a transitional period, pending further organizational assessment and the appointment of an Executive Director.
G. The parties desire to amend and restate the Joint Exercise of Powers Agreement to 1) clarify that the Agreement does not preclude the temporary use of external consulting or advisory executive support during periods of transition, while preserving the long- standing framework under which the permanent Executive Director of the Agency is an employee of the Agency appointed pursuant to the Joint Exercise of Powers Agreement, and 2) SHRA must retain a Certified Public Accountant to conduct an annual audit in compliance with Government Code Section 26909, generally accepted auditing standards, and 2 CFR 200, Subpart F as applicable; must file and present audit reports to the City Council and Board of Supervisors within required timeframes; and must provide semi‑annual updates on corrective actions until any audit findings are resolved.
H. The proposed action to approve and execute the amended and restated Joint Exercise of Powers Agreement are considered administrative and management activities. As such, this action does not constitute a project subject to environmental review under the California Environmental Quality Act (CEQA), as provided in CEQA Guidelines Section 15378(b)(4).
This action is also exempt from environmental review under the National Environment al Policy Act (NEPA) per 24 CFR Section 58.34(a)(3).
I. The City of Sacramento participated in the review and selection panel for the SHRA Executive Director position, and CVR Associates, Inc., with Kris Warren, Senior Vice President serving in the SHRA Executive Officer role. Ms. Warren has 25 years of experience in affordable housing and public housing authority leadership, including executive roles at major housing authorities and federal housing policy positions, making her uniquely qualified to provide leadership, stability and strategic guidance to SHRA.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Manager is authorized to execute the Amended and Restated Joint Exercise of Powers Agreement by and among the City of Sacramento, the County of Sacramento, the Housing Authority of the City of Sacramento, and the Housing Authority of the County of Sacramento, as attached hereto as Exhibit A.
Section 2. The City Council appoints Kris Warren of CVR Associates, Inc., to serve as the Executive Director of SHRA. In the event that the County’s contract with CVR is terminated for any reason, then the City Council appoints Jim Shields, Deputy Executive Director of Business Administration as the Executive Director unless
he is no longer employed at SHRA, in which case the most senior executive level staff member at SHRA is appointed as Executive Director.
Section 3. Exhibit A is part of this Resolution.
Table of Contents:
Exhibit A – Amended and Restated Joint Exercise of Powers Agreement
PASSED AND ADOPTED by the City of Sacramento City Council on _______, 2026, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Exhibit A
1 JOINT EXERCISE OF POWERS AGREEMENT
THIS
AGREEMENT, originally executed April 20, 1982, amended on March 6, 1990, amended again on February 24, 2015, and amended hereby on January XX, 2026, by and between the CITY OF SACRAMENTO, a municipal corporation (hereinafter "City"), COUNTY OF SACRAMENTO (hereinafter "County"), and the HOUSING AUTHORITY OF THE CITY OF SACRAMENTO and the HOUSING AUTHORITY OF THE COUNTY OF SACRAMENTO (both of which are hereinafter "Constituent Entities").
REC
ITALS
WHE
REAS, the Constituent Entities would benefit from access to a common staff; and WHE
REAS, City and County would benefit from the availability of an independent agency to devise, propose, conduct, evaluate, and administer public social service programs within the jurisdictions of both; and
WHER
EAS, the parties to this Agreement desire to create an independent public agency pursuant to the Joint Powers Act (Section 6500, et seq., of the California Government Code), for the purposes of (1) providing staff services to the Constituent Entities and carrying out the housing functions within the respective jurisdictions of the City and County, and (2) devising, proposing, conducting, evaluating, and administering public social service programs, which may from time to time be approved by both City and County for joint administration; and WHE
REAS, with the dissolution of redevelopment agencies, as of February 1, 2012, the Redevelopment A gency of the City of Sacramento and the Redevelopment Agency of the County of Sacramento were no longer Constituent Ent ities of this Joint Powers Agency.
NOW
, THEREFORE, the parties hereto agree as follows:
AGREE
MENTS
1. Joint
Powers Agency
The
re is hereby created the SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY (hereinafter referred to as "Agency" or "Joint Powers Agency"). The Agency is created pursuant to the powers vested in the City and County and the Constituent Entities under Section 6500, et. seq., of the California Government Code.
2. Purpos
e of Joint Powers Agency
The
J oint Powers Agency is formed for the purposes of (1) providing staff and employee services for the Constituent Entities and such other entities or bodies as may be from time to time approved by the Agency and the parties, for the purpose of providing to said entities staff services to enable those entities to carry out the housing functions invested by law in each of the Constituent Entities within the jurisdiction of the City and County, and (2) devising, proposing, conducting, evaluating, and administering such public social service , capital, and revitalization programs within the jurisdiction of City and County as are approved from time to time individually or by both City and County for joint administration by Agency. As used in this Agreement, "public social service
JOINT EXERCISE OF POWERS AGREEMENT
2 programs" means those activities and functions of the City and County involved in providing aid or services or both to those persons within the jurisdiction of City and County who, because of their economic circumstances or social condition, are in need thereof and may benefit thereby.
3. Authority of Joint Powers Agency
Except as otherwise provided in this Joint Powers Agreement and the Delegation of Powers to Sacramento Housing and Redevelopment Commission Agreement adopted by the Housing Authority of the City of Sacramento (Resolution HA 81- 098), and the Housing Authority of the County of Sacramento (Resolution HA 1497), the Agency is hereby authorized, in its own name, to do all acts necessary to the exercise of authority for accomplishing the purposes set forth in Paragraph 2 above , including, but not limited to , any and all of the following acts:
(a) Enter into contracts for staff and employee services;
(b) Receive and expend funds;
(c) Employ personnel, subject to the limitations set forth elsewhere in this Agreement;
(d) Organize and train personnel;
(e) Acquire such materials and equipment as are necessary to carry out the contracts which are executed;
(f) Sue or be sued in its own name, except that no authority is granted to sue the City or County;
(g) Evaluate performance of personnel ;
(h) Establish an annual budget and amendments thereto pursuant to the delegation agreement noted above;
(i) Establish suitable reserves for the appropriate operation of the Agency pursuant to the delegation agreement noted above;
(j)
Acquire, lease, rent, manage, maintain, hold or dispose of equipment, materials, supplies and property;
(k) Perform any other act or acts that may be required to accomplish the purposes of this Agreement and the contracts executed pursuant thereto.
4. Governing Board
The Agency shall be administered by a governing board consisting of the members of the Sacramento Housing and Redevelopment Commission as they are appointed by provision of Chapter 2.29 of the Code of the County of Sacramento, and by provision of Section 2. 80 of the Municipal Code of the City of Sacramento. The provisions of the respective City and County Codes relating to the appointment, qualification, term of service and termination of commissioners shall apply equally to their services as members of the governing board of the Agency.
JOINT EXERCISE OF POWERS AGREEMENT
3 5. Meetings of the Governing Board
(a) Regular Meetings The Sacramento Housing and Redevelopment Commission’s regular meetings shall be held in the Agency’ s Commission Room or such other places as may be determined by the Commission and on dates and times as directed by the Commission.
(b) Special Meeting Special meetings of the governing board may be called in accordance with the provisions of Section 54956 of the California Government Code.
(c) Legal Notice All meetings of the governing board shall be held subject to the provisions of Section 54950 et seq. of the California Government Code dictating notice of meetings of public bodies.
(d) Minutes The minutes of all meetings of the governing board shall be kept by the Clerk of the Agency and shall as soon as possible after each meeting but in no case more than seven (7) days after such meeting, be forwarded to each member of the governing board and the Clerk of the Board of Supervisors and the City Clerk of the parties hereto.
(e) Quorum A majority of the members of the governing board shall constitute a quorum for the transaction of business. Action shall be taken by the governing board in accordance with the rules and By -Laws of the Sacramento Housing and Redevelopment Commission as they now exist or from time to time may be amended.
6. Officers
The officers of the governing board shall be a chairman and vice chairman elected from among the members of the board for one (1) year terms in accordance with the provisions of the By-Laws of the Sacramento Housing and Redevelopment Commission.
7. Term
This Agreement shall remain in effect until terminated by action of any one of the parties hereto but in no case shall action to terminate this Agreement be effective until the next succeeding January 1, preceded by not less than one hundred e ighty (180) days notice of termination served upon the Agency and the other parties to this Agreement.
8. Contract Monitoring
The Agency shall have the duty and responsibility to monitor, evaluate and take corrective action relating to the performance of any and all contracts executed pursuant to this Agreement.
9. Staff
The County of Sacramento and the City of Sacramento shall jointly appoint an Executive Director of the Agency, after receipt of a confidential recommendation of the County Executive and the City Manager. The Executive Director shall serve at the pleasure of the appointing authorities and may be removed from office by either the County or the City after receipt of a
JOINT EXERCISE OF POWERS AGREEMENT
4 confidential recommendation concerning the matter from the County Executive and the City Manager. The Executive Director shall be responsible for carrying out all staff functions for the Agency and shall hire, supervise and may dismiss all authorized staff of the Agency, subject to applicable personnel rules and procedures. The Agency shall be the exclusive employer of staff , except that the Executive Director need not be an employee of the Agency. All current employees of the Housing Authority of the City of Sacramento and the Redevelopment Agency of the City of Sacramento shall automatically be transitioned as emp loyees of the Agency. The employees shall retain all rights, privileges, benefits, seniority, etc., in effect at the time of the transition in accordance with applicable personnel rules and procedures. No staff or employee of the Agency shall have any employment rights within the parties hereto by virtue of its services on the staff of the Agency.
10. Separate Entity
The Agency shall be a public entity separate and apart from the parties . Unless, and to the extent otherwise agreed herein or by separate agreement, t he debts, liabilities, and obligations of the Agency are not the debts, liabilities, and obligations of the parties .
(a) Notwithstanding the foregoing, the Constituent Entities remain obligated to maintain and continue the retirement contributions (CalPERS) and post -retirement benefit obligations (OPEB) for the Agency employees. The CalPERS and OPEB contributions shall be updated each year by an actuarial study prepared by a qualified, independent firm retained and paid for by Agency. These updated studies will be provided to the Constituent Entities and to the successor agencies to the redevelopment agencies of the Cit y and the County in support of their respective Recognized Obligation Payment Schedules (ROPS) submissions to the California Department of Finance. The obligations in this subsection survive the termination of this Agreement.
(b) The parties recognize that t he Agency, the Housing Authority of the City, a nd the Housing Authority of the County, along with the successor agencies to the redevelopment agencies of the City and the County, remain liable to and therefore obligated to continue to make debt service payments to the 2008 Banc of America Public Capital Corp. tax exempt financing for the 801 12
th Street Building. The obligation in this subsection survives the termination of this Agreement and shall continue until the later of May 31, 2043, or when such tax-exempt financing is defeased or repaid .
(c) This amendment does not modify the parties’ obligations for debt, liabilities, and obligations of the Agency which accrued prior to the approval of this amendment to this Agreement on February 24, 2015, nor does this amendment to the Agreement modify or amend any existing contractual agreements between the Agency and one or more of the parties assigning liability or providing indemnification to the Agency .
11. Legal Counsel
The Agency shall have a Legal Counsel who shall remain independent of the County Counsel of the County of Sacramento or the City Attorney of the City of Sacramento.
JOINT EXERCISE OF POWERS AGREEMENT
5 12. Reports
Commencing January 1, 1983 and not less than annually thereafter during the term of this Agreement, the Agency shall make reports to the parties hereto and any and all other individuals or agencies that may be appropriate. Additional reports may be made from time to time as circumstances may require. Said reports shall contain but not be limited to proposed plans and status of existing plans, programs, contracts and such other subjects as the parties may determine.
13. Funds: Accountability
(a) The Executive Director of the Agency shall designate the Agency’s Director of Finance as treasurer of the Joint Powers Agency. The treasurer is designated as the depository of the Agency to have custody of all money from whatever source, and as such to have the powers, duties and responsibilities specified in Section 6505. 6 of the Government Code of the State of California.
(b) The treasurer shall establish such records and accounting procedures as are required by the Agency and be generally accepted accounting principles. In particular, the funds received under each contract executed pursuant hereto shall be managed in such a manner that accounting may be had of receipts and expenditures of funds of each of the parties hereto.
(c) The treasurer shall make such other reports as the Agency may direct.
(d) The fiscal year of the Agency shall be from January 1 through December 31.
14. Reimbursement
The Agency shall undertake any staffing assignments and responsibilities requested by the parties or anyone of them and the parties agree to reimburse Agency for such costs as it may incur in fulfilling these responsibilities in accordance with the provisions of this Paragraph 14.
In as much as the budget revenues and expenditures of the Agency and the parties are interrelated, it is agreed that the Agency's budget may be submitted, reviewed, and adopted as part of a combined budget for the Constituent Entities. Subsequent modification or amendment of the budgets of the parties as to an Agency administered activity shall deemed to effect a corresponding amendment of Agency's budget.
15. Cost Allocation
Administrative costs, costs for retention of staff and any other administrative or equipment costs relating to implementation and carrying out the purposes of the Constituent Entities and such public social service programs as shall be jointly approved by City and County shall be placed under the control of Agency. Such costs shall be allocated pursuant to an approved Cost Allocation Plan by the Agency's appropriate cognizant agency in accordance with the Circular A-87, or the current OMB Circular applicable to the Agency’s Cost Allocation Plan.
16. Review by Parties
Notwithstanding the powers granted to the Agency and its governing board by Sections 3
JOINT EXERCISE OF POWERS AGREEMENT
6 and 4 hereof, except as provided below, the parties hereto shall review and must approve the following before such actions are considered final and authorized:
(a) The annual budget and any modification thereof, provided that any modification of the budget by a party for a program or activity for which Agency provides staff support exclusively to such party shall be deemed to have effected a corresponding modification of the Agency's budget, subject to approval by only the governing board of that party.
(b) The annual Capital Improvements Program and any modification thereof, provided that the budgeted amount for any item therein may be amended by the governing body of the entity or entities actually undertaking the improvement.
17. Audit
The Agency shall contract with a Certified Public Accountant to make an annual audit of the accounts and records of the Agency. The minimum requirements of the audit shall be those prescribed by the controller of the State of California for special distric ts under Section 26909 of the CA Government Code and shall conform to generally accepted auditing standards and 2 CFR 200, Subpart F, as applicable.
When audit(s) of the accounts and records is made by a certified public accountant, report s thereof shall be filed as a public record with the City of Sacramento and County of Sacramento within the time period required by law or regulation for such particular audit. Audit reports shall be presented to the City Council and the Board of Supervisors during a week mutually agreed upon by the parties, which shall be the same week the report is presented to the Sacramento Housing and Redevelopment Commission.
Should there be any Audit findings or recommendations, the Agency shall provide at least semi-annual updates to the City Council and Board of Supervisors on steps taken until they are resolved.
18. Breach
If a default shall be made by any party hereto as to any covenant contained in this Agreement, such default shall not excuse said party from fulfilling its obligations under this Agreement.
19. Disposition of Assets; Surplus Money
Upon termination of this Agreement, all costs, expenses and charges legally incurred by the Agency shall be paid and discharged. The Agency shall distribute to the United States Government, the State or appropriate local agencies such property and funds as are lawfully required.
The balance of such property and any surplus money on hand shall be distributed or returned to the parties hereto equally except to the extent otherwise agreed upon by the parties.
JOINT EXERCISE OF POWERS AGREEMENT
7 20. Severability
Should any part, term or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
21. Successors; Assignment
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent ex pressly provided herein, no party may assign any right or obligation hereunder without the consent of the other parties hereto.
22. Procedures
The procedures of the County of Sacramento shall be followed in compliance with the requirements of Section 6509 of the California Government Code, except that the Agency may determine by the adoption of a personnel policy the status of its own employees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
CITY OF SACRAMENTO,
a municipal corporation
___________________________
Maraskeshia Smith , City Manager
Approved as to Form:
________________________ ___
Assistant City Attorney
___________________________
Assistant City Clerk
HOUSING AUTHORITY OF THE
CITY OF SACRAMENTO,
A public body, corporate and politic
_____________________________
Chairperson
COUNTY OF SACRAMENTO,
a political subdivision of
the State of California
____________________________
Rosairo Rodriguez , Chairperson,
Board of Supervisors
Approved as to Form:
____________________________
County Counsel
Attest:
____________________________
Clerk of the Board of Supervisors
HOUSING AUTHORITY OF
THE COUNTY OF SACRAMENTO,
A public body, corporate and politic
_____________________________
Chairperson
RESOLUTION NO. 2026-
Adopted by the Housing Authority of the City of Sacramento
A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SACRAMENTO
RELATING TO THE AMENDED AND RESTATED SACRAMENTO HOUSING AND
REDEVELOPMENT AGENCY JOINT EXERCISE OF POWERS AGREEMENT
BACKGROUND
A. In 1982, the City of Sacramento (City), the County of Sacramento (County), the Housing Authority of the City of Sacramento, the Housing Authority of the County of Sacramento, the Redevelopment Agency of the City of Sacramento and the Redevelopment Agency of the County of Sacramento entered into a Joint Exercise of Powers Agreement (JPA) establishing the Sacramento Housing and Redevelopment Agency (SHRA) for the primary purpose of providing staffing for the City and County Housing Authorities and Redevelopment Agencies.
B. In 1990, the JPA was amended to include devising, proposing, conducting, evaluating and administrating public social service programs.
C. In 2011, the California Legislature enacted AB 1X 26, coupled with a subsequent decision of the State Supreme Court (California Redevelopment Association et al., v.
Matosantos), resulted in the dissolution of redevelopment agencies as of February 1, 2012;
D. The County of Sacramento, by Resolution Number 2012-0051 (adopted on January 24, 2012), elected to serve as the Successor Agency to the Redevelopment Agency of the County and designated the Housing Authority of the County of Sacramento as the local authority to retain the housing assets and functions previously performed by the Redevelopment Agency of the County of Sacramento.
E. The City of Sacramento, by Resolution Number 2012-018 (adopted on January 31, 2012), elected to serve as the Successor Agency to the Redevelopment Agency of the City and designated the Housing Authority of the City of Sacramento as the local authority to retain the housing assets and functions previously performed by the Redevelopment Agency of the City of Sacramento.
F. Since the establishment of SHRA, the Executive Director role has historically been filled by an individual employed directly by the Agency. However, following an unanticipated leadership transition, the City and County determined that the temporary use of external executive consulting support was appropriate to ensure continuity of operations during a
transitional period, pending further organizational assessment and the appointment of an Executive Director.
G. The parties desire to amend and restate the Joint Exercise of Powers Agreement to 1) clarify that the Agreement does not preclude the temporary use of external consulting or advisory executive support during periods of transition, while preserving the long- standing framework under which the permanent Executive Director of the Agency is an employee of the Agency appointed pursuant to the Joint Exercise of Powers Agreement, and 2) SHRA must retain a Certified Public Accountant to conduct an annual audit in compliance with Government Code Section 26909, generally accepted auditing standards, and 2 CFR 200, Subpart F as applicable; must file and present audit reports to the City Council and Board of Supervisors within required timeframes; and must provide semi‑annual updates on corrective actions until any audit findings are resolved.
H. The proposed action to approve and execute the amended and restated Joint Exercise of Powers Agreement are considered administrative and management activities. As such, this action does not constitute a project subject to environmental review under the California Environmental Quality Act (CEQA), as provided in CEQA Guidelines Section 15378(b)(4).
This action is also exempt from environmental review under the National Environmental Policy Act (NEPA) per 24 CFR Section 58.34(a)(3).
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE HOUSING AUTHORITY OF THE CITY RESOLVES AS FOLLOWS:
Section 1. The Board Chair is authorized to execute the Amended and Restated Joint Exercise of Powers Agreement by and among the City of Sacramento, the County of Sacramento, the Housing Authority of the City of Sacramento, and the Housing Authority of the County of Sacramento, as attached hereto as Exhibit A.
Section 2. Exhibit A is part of this Resolution.
Table of Contents:
Exhibit A – Amended and Restated Joint Exercise of Powers Agreement
PASSED AND ADOPTED by the Housing Authority of the City on _______, 2026, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Exhibit A
1 JOINT EXERCISE OF POWERS AGREEMENT
T
HIS AGREEMENT, originally executed April 20, 1982, amended on March 6, 1990, amended again on February 24, 2015, and amended hereby on January XX, 2026, by and between the CITY OF SACRAMENTO, a municipal corporation (hereinafter "City"), COUNTY OF SACRAMENTO (hereinafter "County"), and the HOUSING AUTHORITY OF THE CITY OF SACRAMENTO and the HOUSING AUTHORITY OF THE COUNTY OF SACRAMENTO (both of which are hereinafter "Constituent Entities").
R
ECITALS
W
HEREAS, the Constituent Entities would benefit from access to a common staff; and W
HEREAS, City and County would benefit from the availability of an independent agency to devise, propose, conduct, evaluate, and administer public social service programs within the jurisdictions of both; and
WH
EREAS, the parties to this Agreement desire to create an independent public agency pursuant to the Joint Powers Act (Section 6500, et seq., of the California Government Code), for the purposes of (1) providing staff services to the Constituent Entities and carrying out the housing functions within the respective jurisdictions of the City and County, and (2) devising, proposing, conducting, evaluating, and administering public social service programs, which may from time to time be approved by both City and County for joint administration; and W
HEREAS, with the dissolution of redevelopment agencies, as of February 1, 2012, the Redevelopment A gency of the City of Sacramento and the Redevelopment Agency of the County of Sacramento were no longer Constituent Ent ities of this Joint Powers Agency.
N
OW, THEREFORE, the parties hereto agree as follows:
AGR
EEMENTS
1. J
oint Powers Agency
T
here is hereby created the SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY (hereinafter referred to as "Agency" or "Joint Powers Agency"). The Agency is created pursuant to the powers vested in the City and County and the Constituent Entities under Section 6500, et. seq., of the California Government Code.
2. P
urpose of Joint Powers Agency
T
he J oint Powers Agency is formed for the purposes of (1) providing staff and employee services for the Constituent Entities and such other entities or bodies as may be from time to time approved by the Agency and the parties, for the purpose of providing to said entities staff services to enable those entities to carry out the housing functions invested by law in each of the Constituent Entities within the jurisdiction of the City and County, and (2) devising, proposing, conducting, evaluating, and administering such public social service , capital, and revitalization programs within the jurisdiction of City and County as are approved from time to time individually or by both City and County for joint administration by Agency. As used in this Agreement, "public social service
JOINT EXERCISE OF POWERS AGREEMENT
2 programs" means those activities and functions of the City and County involved in providing aid or services or both to those persons within the jurisdiction of City and County who, because of their economic circumstances or social condition, are in need thereof and may benefit thereby.
3. Authority of Joint Powers Agency
Except as otherwise provided in this Joint Powers Agreement and the Delegation of Powers to Sacramento Housing and Redevelopment Commission Agreement adopted by the Housing Authority of the City of Sacramento (Resolution HA 81- 098), and the Housing Authority of the County of Sacramento (Resolution HA 1497), the Agency is hereby authorized, in its own name, to do all acts necessary to the exercise of authority for accomplishing the purposes set forth in Paragraph 2 above , including, but not limited to , any and all of the following acts:
(a) Enter into contracts for staff and employee services;
(b) Receive and expend funds;
(c) Employ personnel, subject to the limitations set forth elsewhere in this Agreement;
(d) Organize and train personnel;
(e) Acquire such materials and equipment as are necessary to carry out the contracts which are executed;
(f) Sue or be sued in its own name, except that no authority is granted to sue the City or County;
(g) Evaluate performance of personnel ;
(h) Establish an annual budget and amendments thereto pursuant to the delegation agreement noted above;
(i) Establish suitable reserves for the appropriate operation of the Agency pursuant to the delegation agreement noted above;
(j)
Acquire, lease, rent, manage, maintain, hold or dispose of equipment, materials, supplies and property;
(k) Perform any other act or acts that may be required to accomplish the purposes of this Agreement and the contracts executed pursuant thereto.
4. Governing Board
The Agency shall be administered by a governing board consisting of the members of the Sacramento Housing and Redevelopment Commission as they are appointed by provision of Chapter 2.29 of the Code of the County of Sacramento, and by provision of Section 2. 80 of the Municipal Code of the City of Sacramento. The provisions of the respective City and County Codes relating to the appointment, qualification, term of service and termination of commissioners shall apply equally to their services as members of the governing board of the Agency.
JOINT EXERCISE OF POWERS AGREEMENT
3 5. Meetings of the Governing Board
(a) Regular Meetings The Sacramento Housing and Redevelopment Commission’s regular meetings shall be held in the Agency’ s Commission Room or such other places as may be determined by the Commission and on dates and times as directed by the Commission.
(b) Special Meeting Special meetings of the governing board may be called in accordance with the provisions of Section 54956 of the California Government Code.
(c) Legal Notice All meetings of the governing board shall be held subject to the provisions of Section 54950 et seq. of the California Government Code dictating notice of meetings of public bodies.
(d) Minutes The minutes of all meetings of the governing board shall be kept by the Clerk of the Agency and shall as soon as possible after each meeting but in no case more than seven (7) days after such meeting, be forwarded to each member of the governing board and the Clerk of the Board of Supervisors and the City Clerk of the parties hereto.
(e) Quorum A majority of the members of the governing board shall constitute a quorum for the transaction of business. Action shall be taken by the governing board in accordance with the rules and By -Laws of the Sacramento Housing and Redevelopment Commission as they now exist or from time to time may be amended.
6. Officers
The officers of the governing board shall be a chairman and vice chairman elected from among the members of the board for one (1) year terms in accordance with the provisions of the By-Laws of the Sacramento Housing and Redevelopment Commission.
7. Term
This Agreement shall remain in effect until terminated by action of any one of the parties hereto but in no case shall action to terminate this Agreement be effective until the next succeeding January 1, preceded by not less than one hundred e ighty (180) days notice of termination served upon the Agency and the other parties to this Agreement.
8. Contract Monitoring
The Agency shall have the duty and responsibility to monitor, evaluate and take corrective action relating to the performance of any and all contracts executed pursuant to this Agreement.
9. Staff
The County of Sacramento and the City of Sacramento shall jointly appoint an Executive Director of the Agency, after receipt of a confidential recommendation of the County Executive and the City Manager. The Executive Director shall serve at the pleasure of the appointing authorities and may be removed from office by either the County or the City after receipt of a
JOINT EXERCISE OF POWERS AGREEMENT
4 confidential recommendation concerning the matter from the County Executive and the City Manager. The Executive Director shall be responsible for carrying out all staff functions for the Agency and shall hire, supervise and may dismiss all authorized staff of the Agency, subject to applicable personnel rules and procedures. The Agency shall be the exclusive employer of staff , except that the Executive Director need not be an employee of the Agency. All current employees of the Housing Authority of the City of Sacramento and the Redevelopment Agency of the City of Sacramento shall automatically be transitioned as emp loyees of the Agency. The employees shall retain all rights, privileges, benefits, seniority, etc., in effect at the time of the transition in accordance with applicable personnel rules and procedures. No staff or employee of the Agency shall have any employment rights within the parties hereto by virtue of its services on the staff of the Agency.
10. Separate Entity
The Agency shall be a public entity separate and apart from the parties . Unless, and to the extent otherwise agreed herein or by separate agreement, t he debts, liabilities, and obligations of the Agency are not the debts, liabilities, and obligations of the parties .
(a) Notwithstanding the foregoing, the Constituent Entities remain obligated to maintain and continue the retirement contributions (CalPERS) and post -retirement benefit obligations (OPEB) for the Agency employees. The CalPERS and OPEB contributions shall be updated each year by an actuarial study prepared by a qualified, independent firm retained and paid for by Agency. These updated studies will be provided to the Constituent Entities and to the successor agencies to the redevelopment agencies of the Cit y and the County in support of their respective Recognized Obligation Payment Schedules (ROPS) submissions to the California Department of Finance. The obligations in this subsection survive the termination of this Agreement.
(b) The parties recognize that t he Agency, the Housing Authority of the City, a nd the Housing Authority of the County, along with the successor agencies to the redevelopment agencies of the City and the County, remain liable to and therefore obligated to continue to make debt service payments to the 2008 Banc of America Public Capital Corp. tax exempt financing for the 801 12
th Street Building. The obligation in this subsection survives the termination of this Agreement and shall continue until the later of May 31, 2043, or when such tax-exempt financing is defeased or repaid .
(c) This amendment does not modify the parties’ obligations for debt, liabilities, and obligations of the Agency which accrued prior to the approval of this amendment to this Agreement on February 24, 2015, nor does this amendment to the Agreement modify or amend any existing contractual agreements between the Agency and one or more of the parties assigning liability or providing indemnification to the Agency .
11. Legal Counsel
The Agency shall have a Legal Counsel who shall remain independent of the County Counsel of the County of Sacramento or the City Attorney of the City of Sacramento.
JOINT EXERCISE OF POWERS AGREEMENT
5 12. Reports
Commencing January 1, 1983 and not less than annually thereafter during the term of this Agreement, the Agency shall make reports to the parties hereto and any and all other individuals or agencies that may be appropriate. Additional reports may be made from time to time as circumstances may require. Said reports shall contain but not be limited to proposed plans and status of existing plans, programs, contracts and such other subjects as the parties may determine.
13. Funds: Accountability
(a) The Executive Director of the Agency shall designate the Agency’s Director of Finance as treasurer of the Joint Powers Agency. The treasurer is designated as the depository of the Agency to have custody of all money from whatever source, and as such to have the powers, duties and responsibilities specified in Section 6505. 6 of the Government Code of the State of California.
(b) The treasurer shall establish such records and accounting procedures as are required by the Agency and be generally accepted accounting principles. In particular, the funds received under each contract executed pursuant hereto shall be managed in such a manner that accounting may be had of receipts and expenditures of funds of each of the parties hereto.
(c) The treasurer shall make such other reports as the Agency may direct.
(d) The fiscal year of the Agency shall be from January 1 through December 31.
14. Reimbursement
The Agency shall undertake any staffing assignments and responsibilities requested by the parties or anyone of them and the parties agree to reimburse Agency for such costs as it may incur in fulfilling these responsibilities in accordance with the provisions of this Paragraph 14.
In as much as the budget revenues and expenditures of the Agency and the parties are interrelated, it is agreed that the Agency's budget may be submitted, reviewed, and adopted as part of a combined budget for the Constituent Entities. Subsequent modification or amendment of the budgets of the parties as to an Agency administered activity shall deemed to effect a corresponding amendment of Agency's budget.
15. Cost Allocation
Administrative costs, costs for retention of staff and any other administrative or equipment costs relating to implementation and carrying out the purposes of the Constituent Entities and such public social service programs as shall be jointly approved by City and County shall be placed under the control of Agency. Such costs shall be allocated pursuant to an approved Cost Allocation Plan by the Agency's appropriate cognizant agency in accordance with the Circular A-87, or the current OMB Circular applicable to the Agency’s Cost Allocation Plan.
16. Review by Parties
Notwithstanding the powers granted to the Agency and its governing board by Sections 3
JOINT EXERCISE OF POWERS AGREEMENT
6 and 4 hereof, except as provided below, the parties hereto shall review and must approve the following before such actions are considered final and authorized:
(a) The annual budget and any modification thereof, provided that any modification of the budget by a party for a program or activity for which Agency provides staff support exclusively to such party shall be deemed to have effected a corresponding modification of the Agency's budget, subject to approval by only the governing board of that party.
(b) The annual Capital Improvements Program and any modification thereof, provided that the budgeted amount for any item therein may be amended by the governing body of the entity or entities actually undertaking the improvement.
17. Audit
The Agency shall contract with a Certified Public Accountant to make an annual audit of the accounts and records of the Agency. The minimum requirements of the audit shall be those prescribed by the controller of the State of California for special distric ts under Section 26909 of the CA Government Code and shall conform to generally accepted auditing standards and 2 CFR 200, Subpart F, as applicable.
When audit(s) of the accounts and records is made by a certified public accountant, report s thereof shall be filed as a public record with the City of Sacramento and County of Sacramento within the time period required by law or regulation for such particular audit. Audit reports shall be presented to the City Council and the Board of Supervisors during a week mutually agreed upon by the parties, which shall be the same week the report is presented to the Sacramento Housing and Redevelopment Commission.
Should there be any Audit findings or recommendations, the Agency shall provide at least semi-annual updates to the City Council and Board of Supervisors on steps taken until they are resolved.
18. Breach
If a default shall be made by any party hereto as to any covenant contained in this Agreement, such default shall not excuse said party from fulfilling its obligations under this Agreement.
19. Disposition of Assets; Surplus Money
Upon termination of this Agreement, all costs, expenses and charges legally incurred by the Agency shall be paid and discharged. The Agency shall distribute to the United States Government, the State or appropriate local agencies such property and funds as are lawfully required.
The balance of such property and any surplus money on hand shall be distributed or returned to the parties hereto equally except to the extent otherwise agreed upon by the parties.
JOINT EXERCISE OF POWERS AGREEMENT
7 20. Severability
Should any part, term or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
21. Successors; Assignment
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent ex pressly provided herein, no party may assign any right or obligation hereunder without the consent of the other parties hereto.
22. Procedures
The procedures of the County of Sacramento shall be followed in compliance with the requirements of Section 6509 of the California Government Code, except that the Agency may determine by the adoption of a personnel policy the status of its own employees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
CITY OF SACRAMENTO,
a municipal corporation
___________________________
Maraskeshia Smith , City Manager
Approved as to Form:
________________________ ___
Assistant City Attorney
___________________________
Assistant City Clerk
HOUSING AUTHORITY OF THE
CITY OF SACRAMENTO,
A public body, corporate and politic
_____________________________
Chairperson
COUNTY OF SACRAMENTO,
a political subdivision of
the State of California
____________________________
Rosairo Rodriguez , Chairperson,
Board of Supervisors
Approved as to Form:
____________________________
County Counsel
Attest:
____________________________
Clerk of the Board of Supervisors
HOUSING AUTHORITY OF
THE COUNTY OF SACRAMENTO,
A public body, corporate and politic
_____________________________
Chairperson
ATTACHMENT 6
1 JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT, originally executed dated as of April 20, 1982, amended as of on March 6, 1990, and amended again on as of February 24, 2015, and amended hereby on January XX, 2026, by and between the CITY OF SACRAMENTO, a municipal corporation (hereinafter "City"), COUNTY OF SACRAMENTO (hereinafter "County"), and the HOUSING AUTHORITY OF THE CITY OF SACRAMENTO and the HOUSING AUTHORITY OF THE COUNTY OF SACRAMENTO ( both of which are hereinafter "Constituent Entities").
RECITALS
WHEREAS, the Constituent Entities would benefit from access to a common staff; and
WHEREAS, City and County would benefit from the availability of an independent agency to devise, propose, conduct, evaluate, and administer public social service programs within the jurisdictions of both; and
WHEREAS, the parties to this Agreement desire to create an independent public agency pursuant to the Joint Powers Act (Section 6500, et seq., of the California Government Code), for the purposes of (1) providing staff services to the Constituent Entities and carrying out the housing functions within the respective jurisdictions of the City and County, and (2) devising, proposing, conducting, evaluating, and administering public social service programs, which may from time to time be approved by both City and County for joint administration; and
WHEREAS, with the dissolution of redevelopment agencies, as of February 1, 2012, the Redevelopment A gency of the City of Sacramento and the Redevelopment Agency of the County of Sacramento were no longer Constituent Ent ities of this Joint Powers Agency.
NOW, THEREFORE, the parties hereto agree as follows:
AGREEMENTS
1. Joint Powers Agency
There is hereby created the SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY (hereinafter referred to as "Agency" or "Joint Powers Agency"). The Agency is created pursuant to the powers vested in the City and County and the Constituent Entities under Section 6500, et. seq., of the California Government Code.
2. Purpose of Joint Powers Agency
The Joint Powers Agency is formed for the purposes of (1) providing staff and employee services for the Constituent Entities and such other entities or bodies as may be from time to time approved by the Agency and the parties, for the purpose of providing to said entities staff services to enable those entities to carry out the housing functions invested by law in each of the Constituent Entities within the jurisdiction of the City and County, and (2) devising, proposing, conducting, evaluating, and administering such public social service , capital, and revitalization programs within the jurisdiction of City and County as are approved from time to time individually or by both City and County for joint administration by Agency. As used in this Agreement, "public social service programs" means those activities and functions of the City and County involved in providing aid or
JOINT EXERCISE OF POWERS AGREEMENT
2 services or both to those persons within the jurisdiction of City and County who, because of their economic circumstances or social condition, are in need thereof and may benefit thereby.
3. Authority of Joint Powers Agency
Except as otherwise provided in this J oint Powers Agreement and the Delegation of Powers to Sacramento Housing and Redevelopment Commission Agreement adopted by the Housing Authority of the City of Sacramento (Resolution HA 81- 098), and the Housing Authority of the County of Sacramento (Resolution HA 1497), the Agency is hereby authorized, in its own name, to do all acts necessary to the exercise of authority for accomplishing the purposes set forth in Paragraph 2 above , including, but not limited to , any and all of the following acts:
(a) Enter into contracts for staff and employee services;
(b) Receive and expend funds;
(c) Employ personnel, subject to the limitations set forth elsewhere in this Agreement;
(d) Organize and train personnel;
(e) Acquire such materials and equipment as are necessary to carry out the contracts which are executed;
(f) Sue or be sued in its own name, except that no authority is granted to sue the City or County;
(g) Evaluate performance of personnel ;
(h) Establish an annual budget and amendments thereto pursuant to the delegation agreement noted above;
(i) Establish suitable reserves for the appropriate operation of the Agency pursuant to the delegation agreement noted above;
(j)
Acquire, lease, rent, manage, maintain, hold or dispose of equipment, materials, supplies and property;
(k) Perform any other act or acts that may be required to accomplish the purposes of this Agreement and the contracts executed pursuant thereto.
4. Governing Board
The Agency shall be administered by a governing board consisting of the members of the Sacramento Housing and Redevelopment Commission as they are appointed by provision of Chapter 2.29 of the Code of the County of Sacramento, and by provision of Section 2. 80 of the Municipal Code of the City of Sacramento. The provisions of the respective City and County Codes relating to the appointment, qualification, term of service and termination of commissioners shall apply equally to their services as members of the governing board of the Agency.
5. Meetings of the Governing Board
JOINT EXERCISE OF POWERS AGREEMENT
3 (a) Regular Meetings The Sacramento Housing and Redevelopment Commission’s regular meetings shall be held in the Agency’ s Commission Room or such other places as may be determined by the Commission and on dates and times as directed by the Commission.
(b) Special Meeting Special meetings of the governing board may be called in accordance with the provisions of Section 54956 of the California Government Code.
(c) Legal Notice All meetings of the governing board shall be held subject to the provisions of Section 54950 et seq. of the California Government Code dictating notice of meetings of public bodies.
(d) Minutes The minutes of all meetings of the governing board shall be kept by the Clerk of the Agency and shall as soon as possible after each meeting but in no case more than seven (7) days after such meeting, be forwarded to each member of the governing board and the Clerk of the Board of Supervisors and the City Clerk of the parties hereto.
(e) Quorum A majority of the members of the governing board shall constitute a quorum for the transaction of business. Action shall be taken by the governing board in accordance with the rules and By -Laws of the Sacramento Housing and Redevelopment Commission as they now exist or from time to time may be amended.
6. Officers
The officers of the governing board shall be a chairman and vice chairman elected from among the members of the board for one (1) year terms in accordance with the provisions of the By-Laws of the Sacramento Housing and Redevelopment Commission.
7. Term
This Agreement shall remain in effect until terminated by action of any one of the parties hereto but in no case shall action to terminate this Agreement be effective until the next succeeding January 1, preceded by not less than one hundred e ighty (180) days notice of termination served upon the Agency and the other parties to this Agreement.
8. Contract Monitoring
The Agency shall have the duty and responsibility to monitor, evaluate and take corrective action relating to the performance of any and all contracts executed pursuant to this Agreement.
9. Staff
The County of Sacramento and the City of Sacramento shall jointly appoint an Executive Director of the Agency, after receipt of a confidential recommendation of the County Executive and the City Manager. The Executive Director shall serve at the pleasure of the appointing authorities and may be removed from office by either the County or the City after receipt of a confidential recommendation concerning the matter from the County Executive and the City Manager. The Executive Director shall be an employee of the Agency and be responsible for carrying out all staff functions for the Agency and shall hire, supervise and may dismiss all
JOINT EXERCISE OF POWERS AGREEMENT
4 authorized staff of the Agency, subject to applicable personnel rules and procedures. The Agency shall be the exclusive employer of staff , except that the Executive Director need not be an employee of the Agency. All current employees of the Housing Authority of the City of Sacramento and the Redevelopment Agency of the City of Sacramento shall automatically be transitioned as emp loyees of the Agency. The employees shall retain all rights, privileges, benefits, seniority, etc., in effect at the time of the transition in accordance with applicable personnel rules and procedures. No staff or employee of the Agency shall have any employment rights within the parties hereto by virtue of its services on the staff of the Agency.
10. Separate Entity
The Agency shall be a public entity separate and apart from the parties . Unless, and to the extent otherwise agreed herein or by separate agreement, t he debts, liabilities, and obligations of the Agency are not the debts, liabilities, and obligations of the parties .
(a) Notwithstanding the foregoing, the Constituent Entities remain obligated to maintain and continue the retirement contributions (CalPERS) and post -retirement benefit obligations (OPEB) for the Agency employees. The CalPERS and OPEB contributions shall be updated each year by an actuarial study prepared by a qualified, independent firm retained and paid for by Agency. These updated studies will be provided to the Constituent Entities and to the successor agencies to the redevelopment agencies of the Cit y and the County in support of their respective Recognized Obligation Payment Schedules (ROPS) submissions to the California Department of Finance. The obligations in this subsection survive the termination of this Agreement.
(b) The parties recognize that t he Agency, the Housing Authority of the City, a nd the Housing Authority of the County, along with the successor agencies to the redevelopment agencies of the City and the County, remain liable to and therefore obligated to continue to make debt service payments to the 2008 Banc of America Public Capital Corp. tax exempt financing for the 801 12 th Street Building. The obligation in this subsection survives the termination of this Agreement and shall continue until the later of May 31, 2043, or when such tax-exempt financing is defeased or repaid .
(c) This amendment does not modify the parties’ obligations for debt, liabilities, and obligations of the Agency which accrued prior to the approval of this amendment to this Agreement on February 24, 2015, nor does this amendment to the Agreement modify or amend any existing contractual agreements between the Agency and one or more of the parties assigning liability or providing indemnification to the Agency .
11. Legal Counsel
The Agency shall have a Legal Counsel who shall remain independent of the County Counsel of the County of Sacramento or the City Attorney of the City of Sacramento.
12. Reports
Commencing January 1, 1983 and not less than annually thereafter during the term of this Agreement, the Agency shall make reports to the parties hereto and any and all other individuals
JOINT EXERCISE OF POWERS AGREEMENT
5 or agencies that may be appropriate. Additional reports may be made from time to time as circumstances may require. Said reports shall contain but not be limited to proposed plans and status of existing plans, programs, contracts and such other subjects as the parties may determine.
13. Funds: Accountability
(a) The Executive Director of the Agency shall designate the Agency’s Director of Finance as treasurer of the Joint Powers Agency. The treasurer is designated as the depository of the Agency to have custody of all money from whatever source, and as such to have the powers, duties and responsibilities specified in Section 6505. 6 of the Government Code of the State of California.
(b) The treasurer shall establish such records and accounting procedures as are required by the Agency and be generally accepted accounting principles. In particular, the funds received under each contract executed pursuant hereto shall be managed in such a manner that accounting may be had of receipts and expenditures of funds of each of the parties hereto.
(c) The treasurer shall make such other reports as the Agency may direct.
(d) The fiscal year of the Agency shall be from January 1 through December 31.
14. Reimbursement
The Agency shall undertake any staffing assignments and responsibilities requested by the parties or anyone of them and the parties agree to reimburse Agency for such costs as it may incur in fulfilling these responsibilities in accordance with the provisions of this Paragraph 14.
In as much as the budget revenues and expenditures of the Agency and the parties are interrelated, it is agreed that the Agency's budget may be submitted, reviewed, and adopted as part of a combined budget for the Constituent Entities. Subsequent modification or amendment of the budgets of the parties as to an Agency administered activity shall deemed to effect a corresponding amendment of Agency's budget.
15. Cost Allocation
Administrative costs, costs for retention of staff and any other administrative or equipment costs relating to implementation and carrying out the purposes of the Constituent Entities and such public social service programs as shall be jointly approved by City and County shall be placed under the control of Agency. Such costs shall be allocated pursuant to an approved Cost Allocation Plan by the Agency's appropriate cognizant agency in accordance with the Circular A-87, or the current OMB Circular applicable to the Agency’s Cost Allocation Plan.
16. Review by Parties
Notwithstanding the powers granted to the Agency and its governing board by Sections 3 and 4 hereof, except as provided below, the parties hereto shall review and must approve the following before such actions are considered final and authorized:
(a) The annual budget and any modification thereof, provided that any modification of the budget by a party for a program or activity for which Agency provides staff support exclusively to such party shall be deemed to have effected a corresponding modification of the
JOINT EXERCISE OF POWERS AGREEMENT
6 Agency's budget, subject to approval by only the governing board of that party.
(b) The annual Capital Improvements Program and any modification thereof, provided that the budgeted amount for any item therein may be amended by the governing body of the entity or entities actually undertaking the improvement.
17. Audit
The Agency shall contract with a certified public accountant to make an annual audit of the accounts and records of the Agency. The minimum requirements of the audit shall be those prescribed by the Controller of the State of California for special districts under Section 26909 of the California Government Code and shall conform to generally accepted auditing standards. When such an audit of the accounts and records is made by a certified public accountant, a report thereof shall be filed as a public record with the City of Sacramento and the County of Sacramento. Such report shall be filed within six (6) months of the end of the accounting period.
The Agency shall contract with a Certified Public Accountant to make an annual audit of the accounts and records of the Agency. The minimum requirements of the audit shall be those prescribed by the controller of the State of California for special districts under Section 26909 of the CA Government Code and shall conform to generally accepted auditing standards and 2 CFR 200, Subpart F, as applicable.
When audit(s) of the accounts and records is made by a certified public accountant, report s thereof shall be filed as a public record with the City of Sacramento and County of Sacramento within the time period required by law or regulation for such particular audit. Audit reports shall be presented to the City Council and the Board of Supervisors during a week mutually agreed upon by the parties, which shall be the same week the report is presented to the Sacramento Housing and Redevelopment Commission.
Should there be any Audit findings or recommendations, the Agency shall provide at least semi-annual updates to the City Council and Board of Supervisors on steps taken until they are resolved.
18. Breach
If a default shall be made by any party hereto as to any covenant contained in this Agreement, such default shall not excuse said party from fulfilling its obligations under this Agreement.
19. Disposition of Assets; Surplus Money
Upon termination of this Agreement, all costs, expenses and charges legally incurred by the Agency shall be paid and discharged. The Agency shall distribute to the United States Government, the State or appropriate local agencies such property and funds as are lawfully required.
The balance of such property and any surplus money on hand shall be distributed or returned to the parties hereto equally except to the extent otherwise agreed upon by the parties.
JOINT EXERCISE OF POWERS AGREEMENT
7 20. Severability
Should any part, term or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
21. Successors; Assignment
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent ex pressly provided herein, no party may assign any right or obligation hereunder without the consent of the other parties hereto.
22. Procedures
The procedures of the County of Sacramento shall be followed in compliance with the requirements of Section 6509 of the California Government Code, except that the Agency may determine by the adoption of a personnel policy the status of its own employees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
CITY OF SACRAMENTO,
a municipal corporation
___________________________
Maraskeshia Smith, City Manager
Approved as to Form:
___________________________
Assistant City Attorney
___________________________
Assistant City Clerk
HOUSING AUTHORITY OF THE
CITY OF SACRAMENTO,
A public body, corporate and politic
_____________________________
Chairperson
COUNTY OF SACRAMENTO ,
a political subdivision of
the State of California
____________________________
Rosairo Rodriguez, Chairperson,
Board of Supervisors
Approved as to Form:
____________________________
County Counsel
Attest:
____________________________
Clerk of the Board of Supervisors
HOUSING AUTHORITY OF
THE COUNTY OF SACRAMENTO,
A public body, corporate and politic
____________________________
Chairperso n