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HomeMy WebLinkAbout2019 CON City of San Diego and Various Government Units - Analysis of Impediments Collaboration Agreement - FY 2020-2025NOTE TO FILE 03-04-2019 IN THE MATTER OF: The SAN DIEGO REGIONAL ANALYIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020-2025. Please note the following: NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. A COPY OF THE FULLY EXECUTED AGREEMENT WAS PROVIDED. ORIGINATING DEPARTMENT: NTF CDC X Housing & Economic Development City Attorney Human Resources City Manager MIS Community Svcs. _ Planning Engineering _ Police Finance Public Works Fire Cheryl Newell From: Angelita Palma Sent: Monday, March 04, 2019 2:57 PM To: Cheryl Newell Subject: FW: Executed AI Collaboration Agreement Attachments: FY 2020 AI Collaboration Agreement Executed.pdf Hi Cheryl, The Analysis of Impediments Collaboration Agreement ("Al") is fully executed and attached. You have the City Manager's wet signature on file already. Please feel free to call me if you have any questions. Thanks, Angelita Palma, City of National City Community Development Specialist II Housing & Economic Development Department Direct: (619) 336-4219 I apalma@nationalcityca.gov Housing & Economic Development Department 140 E 12th Street, Suite B, National City, CA 91950 City Offices are open M -TH 7am-6pm; Closed on Fridays Facebook I Twitter I Nixie' Request a Service I YouTube I www.nationalcityca.gov/housing From: Goularte, Lydia [mailto:LGoularte@sandiego.gov] Sent: Friday, March 01, 2019 12:20 PM To: Courtney Pene (Courtney.Pene@carlsbadca.gov) <Courtney.Pene@carlsbadca.gov>; Jose Dorado <JDorado@chulavistaca.gov>; Jamie Kasvikis <Jkasviki@cityofelcajon.us>; Nicole Piano -Jones <npiano@encinitasca.gov>; Belinda Rojas (brojas@escondido.org) <brojas@escondido.org>; Allyson Kinnard <AKinnard@ci.la-mesa.ca.us>; Angelita Palma <apalma@nationalcityca.gov>; Cecilia Barandiaran <cbarandiaran@ci.oceanside.ca.us>; Julia Sauer <julias@sdhc.org>; Bill Crane (BCrane@CityofSanteeCa.gov) <BCrane@CityofSanteeCa.gov>; Amanda Lee <alee@cityofvista.com>; Anthony McCall <anthony.mccall@sdcounty.ca.gov> Cc: Medina, Norma <nmedina@sandiego.gov> Subject: Executed Al Collaboration Agreement Good day, Attached is the executed Agreement for the Al. If you have comments on the RFP, please submit them by Monday. Thanks, Lydia Lydia A. Goularte Project Manager 1 City of San Diego Economic Development Department T: (619) 236-6393 www.sandiego.gov "Create and sustain a resilient and economically prosperous City" City of San Diego Strategic Plan Vision CONFIDENTIAL COMMUNICATION This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone. Thank you. 2 COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 This Collaboration Agreement for Preparation of San Diego Regional Analysis of Impediments to Fair Housing Choice for Fiscal Years 2020 — 2025 ("Agreement") is entered into as of January 2, 2019 ("Effective Date"), by and among the following government units: City of San Diego, a chartered municipal corporation (sometimes referred to in this Agreement as the "Lead Entity"); City of Carlsbad, a chartered municipal corporation; City of Chula Vista, a chartered municipal corporation; City of El Cajon, a chartered municipal corporation; City of Encinitas, a municipal corporation; City of Escondido, a municipal corporation; City of La Mesa, a municipal corporation; City of National City, a municipal corporation; City of Oceanside, a chartered municipal corporation; City of San Marcos, a chartered municipal corporation; City of Santee, a chartered municipal corporation; City of Vista, a chartered municipal corporation; and County of San Diego, a subdivision of the State of California. The above -named government units are sometimes referred to in this Agreement, each individually, as a "Program Participant" or, collectively, as the "Program Participants." RECITALS A. Each Program Participant is a United States Department of Housing and Urban Development ("HUD") "consolidated plan program participant" (as defined in 24 C.F.R. § 5.152) with the following consolidated planning cycles: 1IPage i, City of Carlsbad, with a program start date of July 1 and a new 5-year consolidated plan cycle beginning in July 2020; ii. City of Chula Vista, with a program start date of July 1 and a new 5-year consolidated plan cycle beginning in July 2020; iii. City of El Cajon, with a program start date of July 1 and a new 5-year consolidated plan cycle beginning in July 2019; iv. City of Encinitas, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; v. City of Escondido, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; vi. City of La Mesa, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; vii. City of National City, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; viii. City of Oceanside, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; ix. City of San Diego, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2019; x. City of San Marcos, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; xi. City of Santee, with a program start date of July 1 and new 5-year consolidated plan cycle set to begin in July 2020; xii. City of Vista, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2019; xiii. County of San Diego, with a program start date ofJuly 1 and a new 5-year consolidated plan cycle set to begin in July 2020, including in its consolidated plan the City of Coronado, the City of Del Mar, the City of Imperial Beach, the City of Lemon Grove, the City of Poway, and the City of Solana Beach; B. The Program Participants are all subject to the affirmatively furthering fair housing requirements of the Fair Housing Act of 1968, as amended (42 U.S.C. §§ 3601-3631), and 24 C.F.R. § 91.225(a)(1); 2'Page C. On January 5, 2018, HUD published its Notice 2018-00106 in the Federal Register (83 Fed. Reg. 4, 683-685) notifying the Program Participants that the deadline to file their first "Assessment of Fair Housing" pursuant to 24 C.F.R. §§ 5.150-5.168 ("AFH") is extended to their next AFH submission deadline falling after October 31, 2020, and instructing the Program Participants: (1) not to submit an AFH until HUD provides additional technical assistance to them about preparation of an AFH; and (2) to prepare an "Analysis of Impediments to Fair Housing Choice" for their upcoming consolidated planning cycles for HUD programs; D. Pursuant to HUD's previous guidance on complying with the obligation to affirmatively further fair housing, the Program Participants must complete an "Analysis of Impediments to Fair Housing Choice" within the San Diego County region, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions; E. The Program Participants collaborated on previous regional Analyses of Impediments to Fair Housing Choice and desire to collaborate in preparing a regional Analysis of Impediments to Fair Housing Choice for the time period of July 1, 2020, through June 30, 2025 ("Al"); and F. The purpose of this Agreement is to establish each Program Participant's responsibilities in the preparation of the AI, including each Program Participant's share of the costs of preparation of the AI; NOW, THEREFORE, it is agreed by and among the Program Participants that: 1. LEAD ENTITY. The City of San Diego will serve as the "Lead Entity" responsible for coordinating and preparing the Al on behalf of all the Program Participants. 2. CONSULTANT. The Program Participants anticipate and intend that the Lead Entity will enter into an agreement with a consultant on behalf of all the Program Participants to prepare all or a portion of the Al. The consultant will be identified through a request for proposals ("RFP") process administered by the Lead Entity through its own RFP process. The Lead Entity shall administer the consultant agreement and process consultant invoices in accordance with Section 4. a. Consultant Selection and Scope of Work. The consultant to be retained by the Lead Entity pursuant to this Agreement and the corresponding scope of services for such consultant will be determined by a consultant selection panel comprised of representatives from the following Program Participants: the City of San Diego, the County of San Diego, and one of the following Program Participants: the City of Carlsbad, the City of Encinitas, the City of Escondido, the City of Oceanside, the City of San Marcos, or the City of Vista. The City of Carlsbad, the City of Encinitas, the City of Escondido, the City of Oceanside, the City of San Marcos, and the City of Vista will decide amongst themselves which one of them will participate in the consultant selection panel, within thirty (30) calendar days after the Effective Date. 3'Page b. Consultant Fees and Costs. Program Participants will be responsible for the payment of their respective share of the consultant fees and costs in accordance with Section 4. The total consultant fees and costs incurred by the Lead Entity for preparation of the Al shall not exceed $175,000, without the prior written consent of all Program Participants. 3. RESPONSIBILITIES OF PROGRAM PARTICIPANTS. All Program Participants agree to work collaboratively and cooperatively to ensure the timely completion of the Al. Each Program Participant will be accountable for any individual analysis specifically applicable to it and any applicable joint goals and priorities to be included in the Al. All Program Participants will work together to ensure that all of the required elements are included in the Al. All Program Participants will assist the consultant hired by the Lead Entity to prepare the Al by providing data and contacts, scheduling meetings, reserving venues for meetings, and handling other tasks necessary for preparation of the Al. 4. COST ALLOCATION FORMULA AND INVOICING. The Program Participants will jointly fund the costs associated with preparing the Al, including consultant fees and costs (collectively, "Costs"). Program Participants agree to pay Costs as follows: a. Contributions. Each Program Participant shall contribute $3,000 (referred to in this Agreement as the "Fixed Contribution"), plus a percentage of the balance (after application of each Program Participant's fixed $3,000 contribution, subject to Section 4.c) of the Costs calculated by dividing the particular Program Participant's HUD Program Year 2018 Community Development Block Grant Program ("CDBG") entitlement allocation amount by the sum of the total federal Program Year 2018 CDBG entitlement allocation of all Program Participants. b. Calculated Percentage Contributions. The following table shows the percentage share and not -to -exceed dollar amount share calculated for each Program Participant in accordance with Section 4.a: PROGRAM PARTICIPANT PROGRAM YEAR 2018 CDBG FUNDS SHARE (%) NOT -TO -EXCEED SHARE ($) Carlsbad $568,606 2.12% $5,883 Chula Vista $2,289,135 8.53% $14,605 El Cajon $1,308,227 4.88% $9,632 Encinitas $332,949 1.24% $4,688 Escondido $1,791,466 6.68% $12,082 La Mesa $395,112 1.47% $5,003 National City $817,539 3.05% $7,145 Oceanside $1,394,813 5.20% $10,071 San Diego $11,853,593 44.19% $63,092 San Marcos City $698,377 2.60% $6,540 4'Page Santee $279,382 1.04% $4,416 Vista $953,355 3.55% $7,833 San Diego County, encompassing: Cities of Poway, Del Mar, Solana Beach, Coronado, Lemon Grove, and Imperial Beach $4,144,285 15.45% $24,010 Total Allocations 26,826,839 100.00% $175,000 c. Fixed Contribution Elimination. If the Costs incurred by the Lead Entity are $39,000 or less, then the Program Participants will not be required to pay the Fixed Contribution and the Program Participants will only be responsible for reimbursement of the Lead Entity for all Costs incurred in accordance with their respective percentage contributions determined pursuant to Sections 4.a and 4.b. d. Invoicing. The Lead Entity will invoice the other Program Participants for their respective shares of Costs in accordance with the contribution amounts and formulas in this Section 4, on at least a quarterly basis, after the Lead Entity begins incurring Costs. 5. TENTATIVE SCHEDULE. The Program Participants anticipate the Al preparation process to proceed as follows: a. May —September 2019: Release of RFP and consultant procurement; b. September 2019-January 2020: Public outreach and prepare draft AI; c. February 2020: Public review of draft Al; d. March 2020: Local approvals of draft Al and finalize Al; 6. CONSENSUS. The Program Participants recognize that disagreements are inherent in collaboration among multiple different entities. The Program Participants agree to resolve disagreements through constructive and respectful dialogue with the aim of arriving at a consensus. In cases of disagreements where a consensus cannot be reached, the Program Participants agree to defer to the Lead Entity to decide on a resolution of the disagreement, after consultation with the other Program Participants. 7. WITHDRAWAL. Program Participants may withdraw from this Agreement by notifying the Lead Entity in writing. It is the responsibility of the Program Participant that is withdrawing from this Agreement to promptly notify HUD of its withdrawal from this Agreement. If a Program Participant withdraws, the fixed contribution amount for each Program Participant under Section 4 will be administratively recalculated to account for withdrawal of the Program Participant and the calculated contribution percentage shares and not -to -exceed dollar amount shares expressly 5I Pat e stated in Section 4.b will be administratively recalculated to account for removal of the federal Program Year 2018 CDBG entitlement allocation attributable to the withdrawn Program Participant. 8. GOVERNING LAW. The terms and conditions of this Agreement shall be construed and interpreted in accordance with the laws of the State of California. 9. INTEGRATION AND AMENDMENT. This Agreement fully expresses all understandings of the Program Participants concerning the matters covered in this Agreement. All prior negotiations and agreements between the Program Participants regarding the subject matter of this Agreement are merged into this Agreement. No change, alteration, amendment, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Program Participants, their officers, agents, or employees shall be valid, unless made in the form of a written amendment to this Agreement signed by all of the Program Participants. The Program Participants agree to enter into any and all amendments to this Agreement that are necessary to comply with any and all new or modified federal or State of California laws affecting this Agreement. 10. NO WAIVER. No failure of a Program Participant to insist upon the strict performance by another Program Participant of any term, covenant, or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any term, covenant, or condition of this Agreement, shall constitute a waiver of any such breach or the requirement to comply with such term, covenant, or condition. No waiver of any breach shall affect or alter this Agreement, and each and every term, covenant, and condition in this Agreement shall continue in full force and effect regarding any existing or subsequent breach, 11. SUCCESSORS IN INTEREST. This Agreement, and all rights, obligations, or duties under this Agreement, shall be in full force and effect, whether or not any Program Participant has been succeeded by another entity, and all rights, obligations, or duties under this Agreement shall be vested and binding on each Program Participant's successor in interest, subject to the limitations in this Agreement on assignment of this Agreement. 12, NO ASSIGNMENT OR DELEGATION. No Program Participant may assign any right or delegate any obligation under this Agreement. 13. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal, 14. CONFLICTS. If a conflict or inconsistency exists between an applicable federal, State of California, or other governmental law, rule, regulation, order, or code and this Agreement, then the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement and applicable governmental laws, rules, regulations, orders, or codes are not deemed conflicts or inconsistencies, and the most stringent requirement shall 6IPage control. Each Program Participant shall notify the others immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 15. PRINCIPLES OF INTERPRETATION. No inference in favor of or against any Program Participant shall be drawn from the fact that such Program Participant has drafted any part of this Agreement. The Program Participants have each participated substantially in the negotiation, drafting, and revision of this Agreement, with advice from legal and other counsel and advisers of their own selection. A word, term or phrase defined in this Agreement may be used in the singular, plural, past tense or future tense, regardless of how it is defined, all in accordance with ordinary principles of English grammar, which shall govern all language in this Agreement. The words "include" and "including" in this Agreement shall be construed to be followed by the words: "without limitation." Each collective noun in this Agreement shall be interpreted as if followed by the words "(or any part of it)," except where the context clearly requires otherwise. Every reference to any document, including this Agreement, refers to such document, as modified from time to time (excepting any modification that violates this Agreement), and includes all exhibits, schedules, addenda and riders to such document, The word "or" in this Agreement includes the word "and," except where the context clearly requires otherwise. Every reference to a law, statute, regulation, order, form or similar governmental requirement in this Agreement refers to each such requirement as amended, modified, renumbered, superseded or succeeded, from time to time. 16. COUNTERPARTS. This Agreement may be signed in multiple counterparts, which, when taken together, shall constitute a single signed original, as though all Program Participants signed the same Agreement. 17, HEADINGS. All headings in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement. 18. INCORPORATION OF RECITALS. The Recitals preceding this Agreement are true and correct and are incorporated into and made a part of this Agreement. 19. TIME OF ESSENCE. Time is of the essence of each provision of this Agreement, unless otherwise specified in this Agreement. 20. TERMINATION. This Agreement may be terminated upon agreement among all of the Program Participants. Termination of this Agreement will only take effect upon each Program Participant's payment of its share of Costs incurred by the Lead Entity. 21, ELECTRONIC OR FACSIMILE SIGNATURES. Signatures on this Agreement delivered by facsimile or electronic means shall be binding as originals upon the Program Participant so signing and delivering, [Remainder of page intentionally blank. Signatures begin on the immediately following page.] 7JPage SIGNTURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 IN WITNESS WHEREOF, the Program Participants enter into this Agreement as of the Effective Date, by and through the signatures of their respective authorized representatives set forth below: City of San Diego, a chartered municipal corporation Approved as to form: MARA W. ELLIOTT, City Attorney By \� 1 '►1:_� _ Name: t Q -I Title: Deputy City Attorney 8IPage SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Carlsbad, a chartered municipal corporation By: Name: r_i� E13,glt: FwJrM I AJ Title: (or-vwvns- 1 f Ecr - ayl►c, f ike- iscv Approved as to form: City Attorney By An-PJ- Name: lat;V�� Title: A 9IPage SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Chula Vista, a chartered municipal corporation By: Name: Title: gawIrr Approved as to form: City Attorney i By: ,l In JA— r^ r > Name: `\ a'n7e \ VJ Title: pi)4'17 (_ G4 / If- V D4 41 10IPage SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of El Cajon, a chartered municipal corporation Name: � � ���. �-- v/\� 1 Iv I I Title: C` �� l/l/\c, ✓�v `,�,� Approved as to form: City Attorney By: a Name: Md4640( L. cc2L-al Title: e lt-i k rat24,1 —f 11IPage SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Encinitas, a municipal corporation By:// ,' Name: An�-f��� Title: .ass'. Approved as to form: City Attorney By: Name: Title: c.)-111 A-1-111 1.2IP SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Escondido, a municipal corporation By: Name:,\\ Title: Approved as to form: City Attorney By: P l/ Name: f iiinv,t t t Leff Title: _�,1-ry C;AN Micirm 13IPage SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of La Mesa, a municipal corporation By: Name: Title: Yvonne Garrett City Manager Approved as to form: City Attorney By: Name: Glenn Sabine Title: City Attorney 14 Page SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of National City, a municipal corporation Leslie Deese City Manager Approved as to form: ANGIL P. MORRIS-JONES City Attorney By: oberto . Contreras Deputy City Attorney 15 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Oceanside, a chartered municipal corporation By: b1 ,,fl I .. Name: %/llC1�1�agcj5 .1,cI11 021)0Q. Title: li( `-Fbi M ati n a q o47 Approved as to form: City Attorney By: Name: 3,lEK8A2A G. <.14k1/1_7Vn/ Title: 7+55/51-Anir at ArroRAitc-y 16 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of San Marcos, a chartered municipal corporation By: Name: -sv�% Gt • ��- Title: L� M ivoaa �V Approved as to form: City Attorney By: A d4 (IL Name: Ar1.eiv hta fit t k Title: (/, ''v fi 17 I P ri�; SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Santee, a chartered municipal corporation By: Name: 4 r/,??7 2. best Title: e'lX afiaj er- Approved as to form: City Attorney By: 724 Name: Title: Al\tA 1 -`1 4 Nun. 18IPage SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Vista, a chartered municipal corporation By: G ') Name: Patrick Johnson Title: City Manager Approved as to form: City Attorney By: Name: Darold Pieper Title: City Attorney 19IPage SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) County of San Diego, a subdivision of the State of California By: y� Name: J t'� Title: D ('�- Approved as to form: County Counsel r By: N' / Name: NS\a a t7 Title: 20 I COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 This Collaboration Agreement for Preparation of San Diego Regional Analysis of Impediments to Fair Housing Choice for Fiscal Years 2020 — 2025 ("Agreement") is entered into as of January 2, 2019 ("Effective Date"), by and among the following government units: City of San Diego, a chartered municipal corporation (sometimes referred to in this Agreement as the "Lead Entity"); City of Carlsbad, a chartered municipal corporation; City of Chula Vista, a chartered municipal corporation; City of El Cajon, a chartered municipal corporation; City of Encinitas, a municipal corporation; City of Escondido, a municipal corporation; City of La Mesa, a municipal corporation; City of National City, a municipal corporation; City of Oceanside, a chartered municipal corporation; City of San Marcos, a chartered municipal corporation; City of Santee, a chartered municipal corporation; City of Vista, a chartered municipal corporation; and County of San Diego, a subdivision of the State of California. The above -named government units are sometimes referred to in this Agreement, each individually, as a "Program Participant" or, collectively, as the "Program Participants." RECITALS A. Each Program Participant is a United States Department of Housing and Urban Development ("HUD") "consolidated plan program participant" (as defined in 24 C.F.R. § 5.152) with the following consolidated planning cycles: 1 i. City of Carlsbad, with a program start date of July 1 and a new 5-year consolidated plan cycle beginning in July 2020; ii. City of Chula Vista, with a program start date of July 1 and a new 5-year consolidated plan cycle beginning in July 2019; iii. City of El Cajon, with a program start date of July 1 and a new 5-year consolidated plan cycle beginning in July 2019; iv. City of Encinitas, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; v. City of Escondido, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; vi. City of La Mesa, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; vii. City of National City, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; viii. City of Oceanside, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2020; ix. City of San Diego, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2019; x. City of San Marcos, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2019; xi. City of Santee, with a program start date of July 1 and new 5-year consolidated plan cycle set to begin in July 2020; xii. City of Vista, with a program start date of July 1 and a new 5-year consolidated plan cycle set to begin in July 2019; xiii. County of San Diego, with a program start date ofJuly 1 and a new 5-year consolidated plan cycle set to begin in July 2020, including in its consolidated plan the City of Coronado, the City of Del Mar, the City of Imperial Beach, the City of Lemon Grove, the City of Poway, and the City of Solana Beach; B. The Program Participants are all subject to the affirmatively furthering fair housing requirements of the Fair Housing Act of 1968, as amended (42 U.S.C. §§ 3601-3631), and 24 C.F.R. § 91.225(a)(1); 2 C. On January 5, 2018, HUD published its Notice 2018-00106 in the Federal Register (83 Fed. Reg. 4, 683-685) notifying the Program Participants that the deadline to file their first "Assessment of Fair Housing" pursuant to 24 C.F.R. §§ 5.150 — 5.168 ("AFH") is extended to their next AFH submission deadline falling after October 31, 2020, and instructing the Program Participants: (1) not to submit an AFH until HUD provides additional technical assistance to them about preparation of an AFH; and (2) to prepare an "Analysis of Impediments to Fair Housing Choice" for their upcoming consolidated planning cycles for HUD programs; D. Pursuant to HUD's previous guidance on complying with the obligation to affirmatively further fair housing, the Program Participants must complete an "Analysis of Impediments to Fair Housing Choice" within the San Diego County region, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions; E. The Program Participants collaborated on previous regional Analyses of Impediments to Fair Housing Choice and desire to collaborate in preparing a regional Analysis of Impediments to Fair Housing Choice for the time period of July 1, 2020, through June 30, 2025 ("Al"); and F. The purpose of this Agreement is to establish each Program Participant's responsibilities in the preparation of the AI, including each Program Participant's share of the costs of preparation of the Al; NOW, THEREFORE, it is agreed by and among the Program Participants that: 1. LEAD ENTITY. The City of San Diego will serve as the "Lead Entity" responsible for coordinating and preparing the Al on behalf of all the Program Participants. 2. CONSULTANT. The Program Participants anticipate and intend that the Lead Entity will enter into an agreement with a consultant on behalf of all the Program Participants to prepare all or a portion of the Al. The consultant will be identified through a request for proposals ("RFP") process administered by the Lead Entity through its own RFP process. The Lead Entity shall administer the consultant agreement and process consultant invoices in accordance with Section 4. a. Consultant Selection and Scope of Work. The consultant to be retained by the Lead Entity pursuant to this Agreement and the corresponding scope of services for such consultant will be determined by a consultant selection panel comprised of representatives from the following Program Participants: the City of San Diego, the County of San Diego, and one of the following Program Participants: the City of Carlsbad, the City of Encinitas, the City of Escondido, the City of Oceanside, the City of San Marcos, or the City of Vista. The City of Carlsbad, the City of Encinitas, the City of Escondido, the City of Oceanside, the City of San Marcos, and the City of Vista will decide amongst themselves which one of them will participate in the consultant selection panel, within thirty (30) calendar days after the Effective Date. 3 b. Consultant Fees and Costs. Program Participants will be responsible for the payment of their respective share of the consultant fees and costs in accordance with Section 4. The total consultant fees and costs incurred by the Lead Entity for preparation of the Al shall not exceed $175,000, without the prior written consent of all Program Participants. 3. RESPONSIBILITIES OF PROGRAM PARTICIPANTS. All Program Participants agree to work collaboratively and cooperatively to ensure the timely completion of the Al. Each Program Participant will be accountable for any individual analysis specifically applicable to it and any applicable joint goals and priorities to be included in the Al. All Program Participants will work together to ensure that all of the required elements are included in the Al. All Program Participants will assist the consultant hired by the Lead Entity to prepare the Al by providing data and contacts, scheduling meetings, reserving venues for meetings, and handling other tasks necessary for preparation of the Al. 4. COST ALLOCATION FORMULA AND INVOICING. The Program Participants will jointly fund the costs associated with preparing the Al, including consultant fees and costs (collectively, "Costs"). Program Participants agree to pay Costs as follows: a. Contributions. Each Program Participant shall contribute $3,000 (referred to in this Agreement as the "Fixed Contribution"), plus a percentage of the balance (after application of each Program Participant's fixed $3,000 contribution, subject to Section 4.c) of the Costs calculated by dividing the particular Program Participant's HUD Program Year 2018 Community Development Block Grant Program ("CDBG") entitlement allocation amount by the sum of the total federal Program Year 2018 CDBG entitlement allocation of all Program Participants. b. Calculated Percentage Contributions. The following table shows the percentage share and not -to -exceed dollar amount share calculated for each Program Participant in accordance with Section 4.a: PROGRAM PARTICIPANT PROGRAM YEAR 2018 CDBG FUNDS SHARE (%) NOT -TO -EXCEED SHARE ($) Carlsbad $568,606 2.12% $5,883 Chula Vista $2,289,135 8.53% $14,605 El Cajon $1,308,227 4.88% $9,632 Encinitas $332,949 1.24% $4,688 Escondido $1,791,466 6.68% $12,082 La Mesa $395,112 1.47% $5,003 National City $817,539 3.05% $7,145 Oceanside $1,394,813 5.20% $10,071 San Diego $11,853,593 44.19% $63,092 San Marcos City $698,377 2.60% $6,540 Santee $279,382 1.04% $4,416 Vista $953,355 3.55% $7,833 San Diego County, encompassing: Cities of Poway, Del Mar, Solana Beach, Coronado, Lemon Grove, and Imperial Beach $4,144,285 15.45% $24,010 Total Allocations 26,826,839 100.00% $175,000 c. Fixed Contribution Elimination. If the Costs incurred by the Lead Entity are $39,000 or less, then the Program Participants will not be required to pay the Fixed Contribution and the Program Participants will only be responsible for reimbursement of the Lead Entity for all Costs incurred in accordance with their respective percentage contributions determined pursuant to Sections 4.a and 4.b. d. Invoicing. The Lead Entity will invoice the other Program Participants for their respective shares of Costs in accordance with the contribution amounts and formulas in this Section 4, on at least a quarterly basis, after the Lead Entity begins incurring Costs. 5. TENTATIVE SCHEDULE. The Program Participants anticipate the Al preparation process to proceed as follows: a. May —September 2019: Release of RFP and consultant procurement; b. September 2019-January 2020: Public outreach and prepare draft Al; c. February 2020: Public review of draft Al; d. March 2020: Local approvals of draft Al and finalize Al; 6. CONSENSUS. The Program Participants recognize that disagreements are inherent in collaboration among multiple different entities. The Program Participants agree to resolve disagreements through constructive and respectful dialogue with the aim of arriving at a consensus. In cases of disagreements where a consensus cannot be reached, the Program Participants agree to defer to the Lead Entity to decide on a resolution of the disagreement, after consultation with the other Program Participants. 7. WITHDRAWAL. Program Participants may withdraw from this Agreement by notifying the Lead Entity in writing. It is the responsibility of the Program Participant that is withdrawing from this Agreement to promptly notify HUD of its withdrawal from this Agreement. If a Program Participant withdraws, the fixed contribution amount for each Program Participant under Section 4 will be administratively recalculated to account for withdrawal of the Program Participant and the calculated contribution percentage shares and not -to -exceed dollar amount shares expressly 5IPage stated in Section 4.b will be administratively recalculated to account for removal of the federal Program Year 2018 CDBG entitlement allocation attributable to the withdrawn Program Participant. 8. GOVERNING LAW. The terms and conditions of this Agreement shall be construed and interpreted in accordance with the laws of the State of California. 9. INTEGRATION AND AMENDMENT. This Agreement fully expresses all understandings of the Program Participants concerning the matters covered in this Agreement. All prior negotiations and agreements between the Program Participants regarding the subject matter of this Agreement are merged into this Agreement. No change, alteration, amendment, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Program Participants, their officers, agents, or employees shall be valid, unless made in the form of a written amendment to this Agreement signed by all of the Program Participants. The Program Participants agree to enter into any and all amendments to this Agreement that are necessary to comply with any and all new or modified federal or State of California laws affecting this Agreement. 10. NO WAIVER. No failure of a Program Participant to insist upon the strict performance by another Program Participant of any term, covenant, or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any term, covenant, or condition of this Agreement, shall constitute a waiver of any such breach or the requirement to comply with such term, covenant, or condition. No waiver of any breach shall affect or alter this Agreement, and each and every term, covenant, and condition in this Agreement shall continue in full force and effect regarding any existing or subsequent breach. 11. SUCCESSORS IN INTEREST. This Agreement, and all rights, obligations, or duties under this Agreement, shall be in full force and effect, whether or not any Program Participant has been succeeded by another entity, and all rights, obligations, or duties under this Agreement shall be vested and binding on each Program Participant's successor in interest, subject to the limitations in this Agreement on assignment of this Agreement. 12. NO ASSIGNMENT OR DELEGATION. No Program Participant may assign any right or delegate any obligation under this Agreement. 13. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 14. CONFLICTS. If a conflict or inconsistency exists between an applicable federal, State of California, or other governmental law, rule, regulation, order, or code and this Agreement, then the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement and applicable governmental laws, rules, regulations, orders, or codes are not deemed conflicts or inconsistencies, and the most stringent requirement shall 6 control. Each Program Participant shall notify the others immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 15. PRINCIPLES OF INTERPRETATION. No inference in favor of or against any Program Participant shall be drawn from the fact that such Program Participant has drafted any part of this Agreement. The Program Participants have each participated substantially in the negotiation, drafting, and revision of this Agreement, with advice from legal and other counsel and advisers of their own selection. A word, term or phrase defined in this Agreement may be used in the singular, plural, past tense or future tense, regardless of how it is defined, all in accordance with ordinary principles of English grammar, which shall govern all language in this Agreement. The words "include" and "including" in this Agreement shall be construed to be followed by the words: "without limitation." Each collective noun in this Agreement shall be interpreted as if followed by the words "(or any part of it)," except where the context clearly requires otherwise. Every reference to any document, including this Agreement, refers to such document, as modified from time to time (excepting any modification that violates this Agreement), and includes all exhibits, schedules, addenda and riders to such document. The word "or" in this Agreement includes the word "and," except where the context clearly requires otherwise. Every reference to a law, statute, regulation, order, form or similar governmental requirement in this Agreement refers to each such requirement as amended, modified, renumbered, superseded or succeeded, from time to time. 16. COUNTERPARTS. This Agreement may be signed in multiple counterparts, which, when taken together, shall constitute a single signed original, as though all Program Participants signed the same Agreement. 17. HEADINGS. All headings in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement. 18. INCORPORATION OF RECITALS. The Recitals preceding this Agreement are true and correct and are incorporated into and made a part of this Agreement. 19. TIME OF ESSENCE. Time is of the essence of each provision of this Agreement, unless otherwise specified in this Agreement. 20. TERMINATION. This Agreement may be terminated upon agreement among all of the Program Participants. Termination of this Agreement will only take effect upon each Program Participant's payment of its share of Costs incurred by the Lead Entity. 21. ELECTRONIC OR FACSIMILE SIGNATURES. Signatures on this Agreement delivered by facsimile or electronic means shall be binding as originals upon the Program Participant so signing and delivering. [Remainder of page intentionally blank. Signatures begin on the immediately following page.] 7I SIGNTURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 IN WITNESS WHEREOF, the Program Participants enter into this Agreement as of the Effective Date, by and through the signatures of their respective authorized representatives set forth below: City of San Diego, a chartered municipal corporation By: Name: Title: Approved as to form: MARA W. ELLIOTT, City Attorney By: Name: Title: Deputy City Attorney 8 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Carlsbad, a chartered municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 91 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Chula Vista, a chartered municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 10 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of El Cajon, a chartered municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 11IPage SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Encinitas, a municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 12 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Escondido, a municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 13I SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of La Mesa, a municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 14 I SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of National City, a municipal corporation B. 7� Leslie Deese City Manager Approved as to form: ANGIL P. MORRIS-JONES Ci £ttorney By: / Roberto M. Contreras Deputy City Attorney 15 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Oceanside, a chartered municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 16 1 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of San Marcos, a chartered municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 17IPage SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Santee, a chartered municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 18 1 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) City of Vista, a chartered municipal corporation By: Name: Title: Approved as to form: City Attorney By: Name: Title: 19 1 SIGNATURE PAGE TO COLLABORATION AGREEMENT FOR PREPARATION OF SAN DIEGO REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2020 — 2025 (Continued) County of San Diego, a subdivision of the State of California By: Name: Title: Approved as to form: County Counsel By: Name: Title: 201Page