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CC Resolution No. 14-160 Approving the City's Participation in the Santa Clara County HOME Consortium (SCCHC) for purposes of securing Federal Home Investment Partnership Program (HOME) Funding RESOLUTION NO. 14-160 A RESOLUTION OF THE_CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE CITY'S PARTICIPATION IN THE SANTA CLARA COUNTY HOME CONSORTIUM ("SCCHC") FOR PURPOSES OF SECURING FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) FUNDING WHEREAS, the Congress of the United States enacted the Cranston Gonzales National Affordable Housing Act of 1990 and federal regulations have been adopted pursuant thereto, hereinafter called the "Act;" and WHEREAS, Title II of the Act created the HOME Investment in Affordable Housing Program, hereinafter called "HOME," which provides funds to states and local governments for acquisition, rehabilitation and new construction of affordable housing and tenant based rental assistance; and WHEREAS, funds from Title II are distributed to metropolitan cities, urban counties, states,.and consortia of local governments; and WHEREAS, the Act allows local governments to form a consortium for the purpose of receiving and authorizing HOME funds and carrying out the purposes of the Act; and WHEREAS, the Act requires that a consortium shall have one member unit of general local government authorized to act in a representative capacity for all members for purposes of the Act and to assume overall responsibility for ensuring the consortium's HOME program is carried out in compliance with the Act; and WHEREAS, the Cities of Cupertino, Gilroy, and Palo Alto and the County of Santa Clara will establish the Santa Clara County HOME Consortium ("SCCHC") and allow the County to receive HOME funds for federal fiscal years 2015, 2016 and 2017 and all members of the SCCHC will remain in the Consortium for the entire period; and WHEREAS, the term of the agreement will be until the HOME funds from each of the federal fiscal years of the agreement's specified qualification period (FY 2015, 2016, 2017) and each successive qualification period for which the agreement is renewed are expended on eligible activities and the funds are closed out pursuant to 24 CFR 92.507; and WHEREAS, the City authorizes the automatic renewal of the agreement for successive qualification periods; and 1 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Cupertino hereby authorizes the Mayor to execute the County of Santa Clara HOME Consortium Inter-governmental Agreement as detailed in Attachment B to the City Council staff report dated June 2, 2014 entitled "County of Santa Clara HOME Investment Partnerships Program (HOME) Consortium". PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2014 by the following vote: Vote Members of the Citv Council v AYES: Wong, Sinks, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Grace Schmidt Gilbert Wong City Clerk Mayor, City of Cupertino 2 Inter-governmental Agreement Santa Clara County HOME Consortium (SCCEIC) HOME Investment Partnership Program Consortium Agreement 'fable of Contents Inter-governmental Agreement Resolution.............................. ..............................1 SectionI. Definitions..........................................................................................2 SectionII. Purpose.................o...o.....o.......ot,00000000000000e00000000000000000s0000000.0000*0000000.002 SectionIII.Agreement.......................................................................................3 Section IV. Roles, Responsibilities and Decision Malting Process..................................7 SectionV. Program Design,...o.o o o...o.o...oo o o..o,o o.....o..o..00..o.o...o...o o....o i e e o*o e e o a*o e 0 Section VI. Fund Administration...o..o......o..."..o..o...o o o...o...o. Section VII. Consolidated Plan and CAPER—.—. Section VIII. Amendments...................... ...................:.............................13 SectionIX. Duration of the Agreement.................................................................14 SectionX. Notice.............................................................................................15 Inter-governmental Authorized Representative Signature Pages........................... .............16 i a Inter-governmental Agreement Santa Clara County HOME Consortium (SCCHC) HOME Investment Partnership Program Consortium Agreement THIS AGREEMENT made and entered by and among the County of Santa Clara (hereinafter "County"), the City of Cupertino, the City of Gilroy, and the City of Palo Alto (hereinafter "Cities"), each being a general local governmental unit of the State of California, and is made pursuant to California Government Code, Section 6500 et seq. WHEREAS, County and Cities agree that it is desirable and in the interests of their citizens-to secure approval by the federal government to be considered as a consortium under the federal HOME Program operated by the U.S. Department of Housing and Urban Development ("HUD") as authorized under the HOME Investment Partnership Act, Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended (hereafter collectively referred to as the "Act") WHEREAS, Title II of the Act creates the Home Investment Partnerships Program (hereinafter "HOME") that provides funds to states and local governments for acquisition, rehabilitation, new construction of affordable housing and tenant-based rental assistance; and WHEREAS, under the Act, an organization of geographically contiguous units of general local government may act as a single unit of general local government for purposes of receiving and administering HOME funds and carrying out the purposes of the Act; and WHEREAS, the Act requires local governments acting as a consortium to submit a single Consolidated Plan that covers the entire geographical. area encompassed by the consortium members as part of the eligibility requirements for HOME funds; and WHEREAS, funds from Title II are distributed to metropolitan cities, urban counties, states and consortia of local governments; and WHEREAS, the Act requires that a consortium must have one member unit of general local government authorized to act in a representative capacity for all members for purposes of the Act to assume overall responsibility for ensuring that the consortium's HOME program is carried out in compliance with the Act and 24 CFR Part 92, including requirements concerning the Consolidated Plan; such member unit shall hereinafter be referred to as "Lead Entity"; and WHEREAS, Santa Clara County, the City of Cupertino, the City of Gilroy, and the City of Palo Alto desire to act jointly as a consortium for purposes of the Act and hereby enter into this HOME Consortium Agreement. NOW, THEREFORE, BASED UPON THE TERMS AND CONDITIONS OUTLINED BELOW, THE COUNTY AND THE CITIES AGREE AS FOLLOWS: Page 1 9 Inter-governrritentai Agreement Santa Clara County H031E Consortium (SCCHC) HOME Investment Partnership Program Consortium Agreement SECTION I. DEFINITIONS The definitions contained in 24 CFR Part 92, Subpart.A, paragraph 92.2 are incorporated herein by reference and made a part hereof, and the tenns defined in this section have the following meanings in this Agreement: A. "Act" means Title II of the Cranston-(3ronzalez National Affordable Housing Act, as amended (42 U.S.C. 12701 et. seq.). B. "CDHO"means Community Development Housing Organization. C. "Consolidated Plan" means the consolidated plan for the consortium prepared in accordance with 24 CFR 91.400-91.430 01'-successor provisions. D. "A disabling condition." for the purposes of this agreement, is defined as a physical disability, mental illness, severe depression, alcohol or drug abuse, chronic health problems, HIV/AIDS, Tuberculosis, Hepatitis C, trauma, or a Developmental disability. E. "Federal HOME Program" means the procedures established by HUD for the use of funds made available through the Act to carry out multi-year housing consistent with 24 CFR Parts 91 and 92. F. "Federal HUD Consortium" means a consortium of units of general local governments bound by the terns of a HOME Investment Partnership Act Consortium Agreement for the purpose of participating in the Federal HOME Program and_ receiving funds as authorized in the Regulations. G. "Federal Program Requirements" means the Regulations and other documents issued by HUD that specify requirements of the Federal HOME Program in order for funds to be awarded to participating jurisdictions under the Act. H. "HCDAC"means the Housing Community Development Advisory Committee consisting of 28 members, one from the County and one from each participating City in the County's existing CDBG/HOME JPA and the SCCHC, appointed by the County and each City, as further described in Section IV of this Agreement. I. "HUD"means the United States Department of Housing and Urban Development. J. "Regulations" means 24 CFR Part 92 HOME Investment Partnerships Program Implementing Regulations as issued by HUD and other relevant provisions of the Code of Federal Regulations. K. "RFP"means request for proposals. L. "TBRA"means Tenant Based Rental Assistance. M. "TAC" means Technical Advisory Committee consisting of 11 staff members from each of the participating cities including representatives from the County existing CDBG/HOME JPA and the SCCHC. SECTION 11. PURPOSE This purpose of this Agreement is to form a consortium of units of general local government within Santa Clara County for designation as a Federal HUD Consortium under the Act and the Federal Program Requirements. In this Agreement., this consortium is fr om time to time referred Page 2 Inter-governmental Agreement Santa Clara County HOME Consortium(SCCHC) HOME Investment Partnership Program Consortium Agreement to as either the "Consortium" or as the Santa Clara County HOME Consortium (hereinafter "SCCHC"). SECTION III. AGREEMENT A. The County and Cities mutually agree that the County shall act as the Lead Entity in representative capacity for all members of SCCHC for the purposes of the Act and as further defined in the Federal Program Requirements. The County, in its capacity as Lead Entity, is authorized to enter into an agreement with HUD on behalf of the SCCHC. The County Executive or designee, acting on behalf of SCCHC, is authorized to submit an application for funding under the Federal HOME Program, consistent with the approved HOME program design that will be in explained in the annual RFP for each program year as reviewed by the TAC and approved by the HCDAC. The County, as Lead Entity, is authorized to enter into agreements with non-profit organizations receiving funding under an approved HOME Agreement. The County as the Lead Entity is authorized to amend d the,agreement to add new members or for other reasons approved by HUD on behalf the entire consortium, unless otherwise specified in its agreement. Additionally, the County is authorized to enter into agreements with non-profit organizations receiving funding reviewed by the TAC and recommended by HCDAC and approved by the County Board of Supervisors. B. The SCCHC agree that the following eligible HOME program activities and projects may be pursued with HOME funding available to the Consortium: 1. Single Family Development (Acquisition, New Construction and/or Acquisition and Rehabilitation); 2. Multi-family Development (Acquisition, New Construction and/or Acquisition and Rehabilitation); and/or 3. Tenant Based Rental Assistance (TBRA) It is the intent of the SCCHC to explore the option of developing and implementing a TBRA program during the third year of the Agreement. C. The County is authorized to provide oversight for planning, operations, and evaluation of the HOME Program activities undertaken by the SCCHC. The County shall prepare and present a HOME program design in an annual RFP to the TAC and HCDAC each that will define the collective needs and priorities of the County and Cities. The County shall prepare the Action Plan each year, any Consolidated Plan update or amendment, and the consortium program application to HUD, in compliance with the Act, the ds Regulations, and the Federal Program Requirements, including reallocation of an The from previous years not expended and any repayments or other program incom e proposed HOME program design and the consortium program application will be consistent with the Consolidated Plan. Page 3 Inter-governmental Agreement Santa Clara County HOME Consortium (SCCHC) HOME Investment Partnership IProgram Consortium Agreement D. The TAC will review the proposed HOME program design described in the annual RFP prior to review by the HCDAC. SCCHC TAC members will only comment on the HOME portion of the annual program df;;;ign and RFP, and will approve the RFP prior to submitting it to the HCDAC for approval. E. The Housing and Community Development Advisory Committee (HCDAC) will review the proposed HOME program design within the RFP and any proposed Consolidated Plan update or amendment each year, and. present the program and any changes and amendments to each consortium membei,'s elected board for approval and submission to HUD and to the State. All consortium members must approve the HOME program design within the annual RFP and any Consolidated Plan amendments as it pertains to the SCCHC prior to their submission to HUD in a timely manner. F. The County and Cities mutually agree that the County as Lead Entity shall assume overall responsibility for ensuring that the SCCHC HOME program meets the requirements concerning the Consolidated Plan and all aspects of the Federal HOME programs in accordance with HUD regulations contained in 24 CFR Parts 92 and 91, respectively, and the requirements of 24 CFR 92.350(a)(5); and further, for ensuring that the SCCHC HOME program is carried out in compliance with the requirements of the Act, the Regulations and the Federal Program. Requirements. The County is responsible for all aspects of administering the Program and monitoring of sub recipients. The Cities agree to assist the County in maintaining compliance with the Act, the Regulations, and the State and Federal Program Requirements for the full compliance period, extending to and continuing beyond the expiration of this Agreement. This includes responding to a County designated staff member in a timely manner, and designating city member in writing to be accountable for responding to the County. g one Y staff G. If any new entities'join SCCHC, the County as Lead Entity agrees to notify HUD in writing and to provide a copy of the authorizing resolution from the new members' governing body and an amendment to this Agreement signed by the chief executive officer of the new member. The County, as, Lead Entity, is authorized by this agreement to amend this Agreement on behalf of the entire consortium to add new members to SCCHC. H. The County and the Cities mutually agnae that the SCCHC's HOME program will provide the opportunity for all members ol, the consortium to potentially have a project funded in their city with HOME funds. A shovel ready" project that serves extremely low income persons with supportive services will be given priority. Due to the high cost of development and the limited amount of HOME funding, the County will not divide the funds per each city. Typically, one to tw(:) projects per year will be selected by the HCDAC in the participating jurisdictions. The County and Cities shall be iven opportunity to comment on and approve the funding recommendations of he HCDAC prior to the submittal of the Annual Action Plan to HUD. The SCCHC shall ensure that there is citizen participation within each City as required by 24 CFR 91.401 or successor provision. Page 4 Inter-governmental Agreement Santa Clara County HOME Consortium(SCC ACreement HOME Investment Partnership Program Consortium g I. The County as Lead Entity will finance the costs of administering the HOME Program HOME for SCCHC to the extent of appropriations. The County shall establish Investment Trust Fund as specified in 24 CFR Part 92.500, and will participate in the Integrated Disbursement and Information System and other accounting and compliance HOME procedures as required by HUD. The County will retain 10 percent of the allocation available to the SCCHC for administrative purposes. J. The twenty five percent (25%) matching contribution requirement under 24 CFR 9 funds 222 will be met on a project by project basis. The County may utilize its bank 's from previous HOME eligible projects and activities, as reported in the County's Consolidated Annual Performance Evaluation Report ("CAPER"), per Federal Regulations, to meet the match requirement for an approved project or program. If the County utilizes its banked match funds to assist an approved project or program, ut he available funds are less than the 25% match requirement, the remaining required match funds will be the responsibility of the jurisdiction in which the project is located. The member jurisdiction in which the project or program is located is responsible for ensuring that the required amounts of qualified matching funds are contributed to HOME eligible projects and program activities. Written documentation signed by a County representative must be included with the approved project or program indicating whether or not the County's banked funds will be utilized. K. The County will only fund a project that has a written letter of support of the City of Council for the City in which it will be developed. The Sponsor must provide a copy the letter to the County. �' L. All members agree that the SCCHC program year shall be July 1St to June 30th, consistent with the County's existing program year. M. HOME funds invested in affordable housing shall be repaid if the housing does not meet the affordability requirements of Section 92.252 and Section 92.254 of the Regulations or if the housing ceases to qualify as affordable housing before the period of affordability p ex ires. If HUD, in accordance with Section 92.503 of the Regulations, requires SCCHC will be to repay HOME funds awarded, the County and Cities agree that the payments returned to HUD by the County. N. Any repayment re a ent of HOME funds, loans or other program income generated from funds received through the HOME Program, shall be returned to the HOME Investment Trust the Fund established by the Lead Entity and reallocated by the SCCHC Program duringther next Annual Action Plan submission following receipt of the repayments or o program income, to the extent allowed by. the Regulations and Federal Program Requirements. O. The County and Cities agree to comply with all Regulations, Federal C HOME Requirements, and as reviewed by the TAC approved by the HCDAC, SCCH program design features, targeting and local policy requirements. Page 5 Inter-governmental Agreement Santa Clara County HO:�E Consortium (SCCHC) HOME Investment Partnership Program Consortium Agreement P. This Agreement shall be executed by the appropriate officers of the County and Cities pursuant to authority granted them by their governing bodies. Q. To the maximum extent permitted by law, each jurisdiction, if applicable, which is a party to this Agreement shall indemnify and hold harmless the County and other Cities, and their officers, officials, and employees, from and against any and all costs, damages, liabilities, claims, losses, judgments or expenses, including reasonable attorneys fees, arising in any manner from or as a result of any activities by or on behalf of the Cities under this Agreement other than as provided for in Paragraph I of this Section, provided, however, that nothing in this paragraph indemnifies and holds harmless the County and other Cities from and against any costs, damages, liabilities, claims, losses,judgments or expenses, including reasonable attorneys fees, arising in any manner from or as a result of negligent acts or omissions of the County, and other Cities or their officers, officials, and employees. Likewise, the County shall indemnify and hold harmless the Cities, and the Cities' officers, officials, and employees, from and against any and all costs, damages, liabilities, claims, losses, judgments or expenses, including reasonable attorneys fees, arising in any manner from or as a result: of any activities by or on behalf of the County under this Agreement other than as provided for in Paragraph I of this Section, provided, however, that nothing in this paragraph indemnifies and holds harmless the Cities from and against any costs, damages, liabilities, claims, losses, judgments or expenses, including reasonable attorneys fees, arising in any manner from or as a result of negligent acts or omissions of the Cities, or the jurisdiction's officers, officials, and employees. R. The County and Cities certify that they will adhere to all federal and state regulations pertaining to the disposition of real property, if any real property is acquired by the County or Cities with funds authorized under the Federal Program Requirements. S. This Agreement shall be construed in accordance with and governed by federal law and by the laws of the State of California consistent with federal law. Any litigation arising out of this Agreement shall be brought in courts sitting in California, with venue in Santa Clara County. T. No amendment to this. Agreement shall 'be valid unless made in writing by mutual agreement of the County and each of the Cities. U. SCCHC and the parties to this agreement are bound by the terms of this Agreement for the purpose of participating in the Federal. HOME Program and agree to cooperate to undertake or to assist in undertaking housing assistance activities for the Federal HOME Program, and agree that the SCCHC may receive funds as authorized in the Regulations. V. The County and Cities agree to cooperate ]'in the implementation of the Federal and State HOME Programs and to cooperate in the preparation of the Consolidated Plan, Annual Action Plan and the Consolidated Amival Perfonnance and Evaluation Report ("CAPER") in accordance with HUD regulations in 24 CFR Parts 91 and 92. The County and Cities shall execute and submit any required certifications required by the Page 6 Inter-governmental Agreement Santa Clara County HOME Consortium(SCCHC) HOME Investment Partnership Program Consortium Agreement Regulations and the County as Lead Entity shall prepare and submit its plan for monitoring compliance with the Consolidated Plan. W. In accordance with the Act and the Regulations, each member of the SCCHC composed of the County of Santa Clara, the City of Cupertino, the City of Gilroy, and the City of Palo Alto, certifies that it will direct its activities to the alleviation of housing problems within Santa Clara County, that it will affirmatively market HOME-assisted housing as defined in Section 92.351 of the Regulations and will affirmatively further fair housing as required by the Regulations. SECTION IV. ROLES,RESPONSIBILITIES AND DECISION MAKING PROCESS General Roles and Responsibilities A. Santa Clara County, as designated Lead Entity of the SCCHC, has the ultimate and overall responsibility under the Regulations for ensuring that the SCCHC's HOME program is carried out as required in 24 CFR part 92, including the submission of a program description for the use of HOME funds which has been mutually agreed upon by the County and the Cities for providing all assurances or certifications as required under 24 CFR part 92. Section III. B of this agreement sets forth the SCCHC's proposed use of HOME funds (consistent with needs identified in its approved Consolidated Plan). The County, as the Lead Entity agrees to strict adherence to the program description as approved and to all assurances and certifications provided, including agreeing to take all actions necessary to assure compliance with SCCHC's certification under the Fair Housing Act; Executive Order 11063 (Equal Opportunity in Housing) and Title VI of the Civil Rights Act of 1964, the Uniform Relocation Assistance, Real Property Acquisitions Policy Act of 1970 and the Davis Bacon Act at 40 USC 276a, et seq. Santa Clara County shall not provide HOME funds for activities in or support of any cooperating jurisdiction that does not affirmatively further fair housing within its own jurisdiction or activities that impede the County's actions to comply with Fair Housing certification. In addition, the Lead Entity is responsible for taking all required actions to comply with provisions of the National Environmental Policy Act of 1969. B. The County will be responsible for all aspects of administration of the SCCHC's HOME program, including but not limited to the following: ■ Preparation of the Consolidated Plan, Annual Action Plan and CAPER; ■ Implementation of program policies and funding priorities as reviewed by the TAC and approved by the HCDAC; ■ Development of procedures, forms and compliance protocols; ■ Selection of the administrative subrecipient; ■ Selection criteria for local service providers; ■ Development and execution. of HOME subrecipient, project and beneficiary agreements, including lease agreements; ■ Maintaining program wide records; Page 7 Inter-governmental Agreement Santa Clara County HOME Consortium (SCCHC) HOME Investment Partnership ]grogram Consortium Agreement Standard forms and reporting templates to guide program implementation; Monitoring subrecipients, CHDOS, and developers; Financial management including analysis of budgeted to actual expenses; © IDIS entry, reporting, drawdowns and closeout; Reimbursement to subrecipient and developers/CHDOs; Oversee the use of the CHDO set aside, including project selection, development and HOME compliance; Compliance with cross cutting federal regulations and requirements; El If TBRA is selected, developing a Countywide TBRA Program; and Scheduling TAC and HCDAC meetings and supporting the TAC and HCDAC consistent with the annual funding;schedule described herein. C. Member jurisdictions will be responsible for the following: Appointing members to the TAC and HCDAC; B Participating in HCDAC and other meetings related to the SCCHC as requested by the Lead Entity; Contributing local match funds f)r projects supported by the City as defined in HOME regulations and as agreed to in Section III, Paragraph I; ® Assisting, as needed, a locally-based CHDO to develop a project or projects, using the CHDO set-aside; and Identifying local service providers to serve as referral agency for TBRA participants, if a TBRA program iS administered and funded. Decision Making Process A. The SCCHC agrees that Santa Clara Count- shall serve as the Lead Entity and administer the SCCHC through County staff. As Lead Entity, Santa Clara County shall perform all duties and responsibilities as set forth for the Lead Entity by the terms of this Agreement. The Lead Entity shall provide effective leadership, support and management of the SCCHC's required functions. In addition, Lead Entity's staff shall provide, subject to adequate funding, effective leadership, support and management of the implementation of the region's affordable housing policies. B. As the Lead Entity, Santa Clara County shall be responsible for the management and accounting of all SCCHC funds. Santa Clara County's management and accounting for all SCCHC funds shall conform to the policies, regulations and statutes governing such funds, including without limitation the Federal Program Requirements. C. The SCCHC funding application process will follow the County's existing schedule for its Cominunity Development Block Grant (CDBG) and HOME programs. The RFP will be released in October with funding applications due to the County by December. The County will hold a workshop for agencies applying for funding in mid-November. It is anticipated that the County will review submitted proposals; detennine eligibility f each proposal; rank the proposals; and present funding recommendations to the HCDAC in Page 8 Inter-governmental Agreement Santa Clara County HOME Consortium(SCCHC) HOME Investment Partnership Program Consortium Agreement February. If deemed necessary by the HCDAC, applicants may be asked to present a presentation to the Committee in January. The Board of Supervisors will review and approve the HCDAC funding recommendations in March or April. It is the County's responsibility as Lead Entity to work with the HCDAC to review proposed public outreach, including citizen participation within each City as required by 24 CFR 91.401 or successor provision, and establish funding priorities on an annual basis. Threshold criteria and any other criteria, incentives, etc., developed for HOME funding may be .developed by the Lead Entity in collaboration with the HCDAC. Such criteria will be consistent with all relevant policies and priorities contained in the Consolidated Plan, related plans from individual CDBG entitlement jurisdiction pursuant to 24 CFR 91.220 (hereinafter referred to as "Action Plans") and individual housing elements in each jurisdiction's master plans as applicable. D. All proposed projects will be reviewed for compliance with Federal Program Requirements by the Lead Entity. Only those projects which are eligible for funding under the Federal Program Requirements will be approved by the HCDAC and submitted to HUD for HOME funding. The Lead Entity will pre-screen project applications for conformance with any additional threshold criteria established by the HCDAC. The Lead Entity shall present to the HCDAC a list of all proposed projects and its recommendations for funding. E. All SCCHC members agree that the HCDAC may convene and review only those development projects pre-screened by the Lead Entity. F. All SCCHC members agree that the TAC Committee may be comprised by no less than twelve (12) persons, one representing each City and the County including the seven cities in.the County's existing CDBG/HOME JPA. It is the intent of the County and Cities that the TAC appointee should be a staff person knowledgeable in regard to housing issues. G. All SCCHC members agree that the HCDAC Committee will have a minimum of one individual representing each City and the County, appointed by each jurisdiction. H. All SCCHC members agree that the appointees to the TAC and HCDAC committees will only provide comment and recommendations on the HOME program. It is agreed upon that the TAC and HCDAC meetings will be divided into two sections. The first portion of the meeting will cover the HOME program and the second portion will cover the CDBG program. There will be a ten minute break between the two portions of the meeting to allow SCCHC members to exit. 1. The SCCHC pledges adherence to the conflict of interest tenets embodied in HUD's CPD Notice 98-09 (Superseding CPD Notice 93-06). J. The purpose of the TAC is to provide technical assistance and assist with the preliminary review of the funding applications. The TAC will assist County staff with ranking eligible projects and provide funding recommendations to the HCDAC. Page 9 Inter-governmental Agreement Santa Clara County HOTOE Consortium(SCCHC) HOVE Investment Partnership Program Consortium Agreement K. The purpose of the HCDAC is to determine priorities for funding, ensure that the schedule described in "Section C" above on page 9 of this Agreement for submission of applications and conununity outreach as required by the Federal Program Requirements are met, and review eligible projects for conformity to Consolidated Plan, local Action Plans, housing elements, and other c:ri.teria established but the SCCHC members, including criteria concerning length and depth of affordability which may be more strict than those required by Federal Program Regulations. The HCDAC may also evaluate development projects using other underwriting and project feasibility criteria developed and adopted by the HCDAC. The HCDAC will prioritize projects based on the criteria described in this paragraph and snake HOME funding recommendations as constrained by the availability of funds. L. All SCCHC members agree that the reconunendations made by the HCDAC will be reviewed for final approval by the County's Board of Supervisors. All projects selected by the County's Board of Supervisors mast conform with the Consolidated Plan, related Action Plans, minimum criteria established for the funding round and/or specific self- directed priority project(s). The Board of Supervisors agrees to give due consideration to the HCDAC recommendations. SECTION V. PROGRAM DESIGN Development Projects A. The SCCHC agrees that to the extent feasible and possible, funded Development Projects will be distributed geographically. The County will administer the RFP process and applicants will apply directly to the County. Each development project must be reviewed and approved by the TAC and HCDAC, and the application must show the support.of the jurisdiction in which the project may be developed. In evaluating projects, the County shall consider the past geographic distribution for project funding. Priority may be given to projects that set aside units for the County's and City's special populations— extremely low income and special needs populations such as seniors, the homeless, chronically homeless, at-risk youth, farm workers and persons with Disabling Conditions. Projects that establish a direct referral process with. Santa Clara County Departments will be given priority. Tenant Based Rental Assistance (TBRA) B. The SCCHC agrees that a TBRA program may be established in the third year of the SCCHC HOME Consortium Agreement. If a TBRA program is established, the following program design, administrative structure and policies will be implemented: El A single Program Administrator (PA) may administer the SCCHC's TBRA program as a sub recipient of a countywide program. The PA will be designated by the Lead Entity using selection criteria reviewed by the TAC and approved by Page 1.0 Inter-governmental Agreement Santa Clara County HOME Consortium(SCCHC) HOME Investment Partnership Program Consortium Agreement the HCDAC. The PA will be responsible for administering the TBRA program in its entirety, including but not limited to the following: • Intake (from referrals from local service providers "LSP"); • Income eligibility determination; • Housing search assistance; o Landlord outreach and marketing; o Unit inspections; o Rent reasonableness determinations; o Lease approval; o Rental assistance calculation and approval; o Payments to landlords; o Maintenance of the waiting list o Annual Recertification of income; o Case record-keeping and submitting monthly status reports to the County; and o Adhering to HUD regulations and reporting requirements. ■ A Local Service Provider (LSP), one from each member jurisdiction, may be responsible for referring eligible participants to the PA. Each member may select its referring LSP for the program based on criteria reviewed by the TAC and approved by the HCDAC. The LSP may also be responsible for case management and referral services, including but not limited to: o Case management; o Selection of households for the SCCHC's TRBA program; • Referring clients to the PA; and • Entering Data into HMIS and maintaining other required reports. ■ Each member jurisdiction may be allotted a certain number of priority slots to be reserved for its special needs population. This allotment may be proportional to the HOME dollars coming into the Consortium because of the member's participation. This allotment would be for a specified time period, and if not used, the slots would be available to the County based on the clients need. Priority is based upon place of origin of the client, not the final location of the TBRA unit. ■ TBRA clients must be at or below 60 percent of the area median income as defined annually by HUD; however, priority will be given to the County's special needs populations— extremely low income seniors, the homeless and chronically homeless individuals and families, at-risk youth, farmworkers and persons with Disabling Conditions as defined above. The date of entry is the date the client is enrolled in the LSP's case management program. Once referred to the PA, the client may be waitlisted based on location and date referred by the LSP. The SCCHC agrees that any funding that is allocated for TBRA may be used for rent and security and/or utility deposits pennitted by the Federal Regulations. Rental assistance may Page 11 Inter-governmental Agreement Santa Clara County HOIW E Consortium (SCCHC) HOl!'It1E Investment Partnership Program Consortium Agreement follow the voucher model as allowed under the HOME program regulations. The rental payment standard shall be based on HUD Fair Market Rents and includes allowance for tenant-paid utilities. Rental assistance shall be limited to two (2) years unless special circumstances indicate an extension is necessary. Since TBRA may be implemented in the third year of this agreement, the members of the Consortium may need to dctermine at the end of year two if they intend to continue the Consortium beyond the initial three year period before the County agrees to begin a TBRA Program. SRCTTON VI. FUND ADMINISTRATION A. The County shall receive and have custody of all funds until disbursal of such funds to be made in a manner designated by the County consistent with the Federal Program Requirements. B. All repayments of SCCHC administered HOME funds, matching contributions in the form of cash, and any payment of interest or other return on the investment of such HOME funds and matching contributions, must be placed in the HOME Investment Trust Account. If the required 25 percent match is in the form of services, backup documentation must be provided to the County to verify that the match is eligible according to Federal Program Requirements. C. SCCHC members may agree to place repayments of any matching funds in the HOME Investment Trust Fund for allocation by the Consortium, subject to agreement by HUD if appropriate. If the SCCHC subsequently, terminates, such repayment will revert to the jurisdiction to which the funds were originally pledged. D. If the SCCHC tenminates, program inconi.e will be allocated to the County and the Cities based on the geographic distribution of the remaining investment of such Consortium funds, but only if such jurisdictions place such funds in a HOME Investment Trust Fund operated in compliance with HUD rules and regulations and HUD agrees to monitor such nonparticipating jurisdictions' trust funds in a timely mariner. If HUD prohibits the administration of HOME dollars by any nonparticipating jurisdiction, repayments otherwise due to a nonparticipating jurisdiction may be administered by Santa Clara County in compliance with HUD regulations. E. The mechanisms by which any repayment of non-HOME funds used as snatching funds and/or any payment of interest or other return on investment of such non-HOME funds to be made shall be governed by the restrictions unposed by the source of such funds. The SCCHC may describe procedures for such funds and repayments thereof consistent with such restrictions. F. The Lead Entity shall maintain appropriate books, records, files and accounts relating to the receipt and disbursement of SCCHC grant funds, including records in accordance with 24 CFR 92.508 as they relate to the application, acceptance and use of federal funds for this federally assisted program and any other records imposed by the.SCCHC's grant Page 12 Inter-governmental Agreement Santa Clara County HOME Consortium (SCCHC) HOME Investment Partnership Program Consortium Agreement agreement with HUD. All such books, records, files and accounts shall be made available for inspection at reasonable times and places by authorized representatives of member jurisdictions and HUD, or any other persons authorized under the Act or regulations. G. The Lead Entity has the responsibility for monitoring according to HUD regulations and guidelines on the use of any local HOME investment fund monies. If the SCCHC agrees to administer State HOME funds or any other funds, the Lead Entity will have the responsibility for monitoring and reporting to the State on the use of such funds. SECTION VII. CONSOLIDATED PLAN AND CAPER A. The SCCHC agrees that although the Lead Entity is ultimately responsible for developing a Consolidated Plan in conformance with 24 CFR Sections 91.400 — 91.430; all SCCHC members shall participate in the Consolidated Plan development process and end product. B. The Consolidated Plan document shall be prepared by the Lead Entity in collaboration with member jurisdictions (if each member so chooses) more than sixty(60) days prior to the date the Consolidated Plan documents must be submitted to HUD. C. SCCHC agrees that necessary adjustments to the Consolidated Plan development process described herein will be made when necessary as required by the Federal Program Requirements. D. The SCCHC may use a Consolidated Plan advisory committee or the HCDAC to assist in the development of the Consolidated Plan documents. An advisory committee established pursuant to this Paragraph is not required, but should be representative of all member jurisdictions. E. The above process may be modified by County staff, if deemed appropriate. F. All performance reports, including monthly or quarterly status reports shall be furnished to the Lead Entity, as required or specified in HOME written .agreements with developers, subrecipients or administrators. The Lead Entity shall prepare annual performance reports or whatever report specified by HUD and submit the same to HUD with a copy to each member jurisdiction. SECTION VIII. AMENDMENTS A. Should it become necessary to amend this Agreement to meet Federal Program Requirements, the County Executive or its designee may make such changes provided that each City is infonned in writing and consents in writing to the proposed changes. B. No other amendment to this Agreement shall be valid unless made in writing by mutual agreement of the County and each of the Cities. Page 13 Inter-governmental Agreement Santa Clara County HOME Consortium(SCCIEI[EC) HOME Investment Partnership IProgram Consortium Agreement SECTION IX DURATION OF THE AGREEMENT The term of this Agreement begins with the effective date of October 1, 2014 and falls within three federal program years, 2015, 2016 and 2017. The term of the agreement will be until the HOME funds from each of the federal fiscal years of the agreement's specified qualification period (FY 2015, 2016 and 2017) and each successive qualification period for which the agreement is renewed, are expended on eligible activities. The SCCHC will follow the County's established program year for the Community Development Block Grant (CDBG) Program which begins o:n July 1St and ends June 30th. The first program year will be July 1, 2015 through June 30, 2016, the second program year will be July 1, 2016 through June 30, 2017 and the third program year will be July 1, 2017 through June 30, 2018. As required by 24 CFR 92.101 (e), neither the (;ounty nor any of the Cities may withdraw from the Consortium during the terms of this agreement. All members of the Consortium must comply with Federal Program Requirements until Home funds from each of the federal fiscal years of the qualification period are closed out pursuant to 24 CFR 92. 507. This agreement shall automatically be renewed for the Consortium's participation in successive qualification periods of three federal fiscal years each. At least six months prior to the commencement of a new qualification period or by HUD's consortia designation notice or HOME Consortia web page, whichever provides the greatest notice, the County shall notify each City in writing of its right to decide not to participate in the Consortium for the next qualification period and the County shall send a copy of each notification to the HUD Field Office. If a City or the County decides not to participate in the Consortium for the next qualification period, the City or County shall notify the County, and the County shall notify the HUD Field Office, before the beginning of the new qualification period. Before the beginning of each new qualification period, the County shall submit to the HUD Field Office a statement of whether or not any amendments have been made to this agreement, a copy of each amendment to this agreement, and, if the Consortium's membership has changed, the state certification required under. 24 C.F.R. § 92.10 1(a)(2)(i). The Consortium shall adopt any amendments to this agreement that are necessary to meet HUD requirements for consortium agreements in successive qualification periods. The automatic renewal of the agreement will be void if: the County fails to notify a Consortium member or the HUD field office as required under this automatic renewal provision or the County fails to submit a copy of each amendiilent to this agreement as required under this automatic renewal provision. Page 14 Inter-governmental Agreement Santa Clara County HOME Consortium (SCCHC) HOME Investment Partnership Program Consortium Agreement SECTION X. NOTICE All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addressed set forth below: County of Santa Clara: Rebecca Garcia,Program Manager Office of Supportive Housing 70 West Hedding Street, 7th Floor San Jose, CA 95110 City of Cupertino: Attn: Senior Housing Planner City of Cupertino, Community Development Department 10300 Torre Avenue Cupertino, CA 95014 City of Gilroy: Daniel Murillo Housing and Community Development Grant Coordinator Community Development Department 7351 Rosanna St. Gilroy, CA 95020 City of Palo Alto: Tim Wong, Housing Coordinator Department of Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. Page 15 Inter-governmental Agreement Santa Clara County HO ME Consortium (ScCCHcC) HOME Investment Partnership Program Consortium Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates appearing below. Mike Wassennan Date ATTEST President, Board of Supervisors County of Santa Clara Name: Title: APPROVED AS TO FORM: DON LARKIN, COUNTY OF SANTA CLARA ATTORNEY Page 16 r Inter-governmental Agreement Santa Clara County HOME Consortium(SCCHC) HOME Investment Partnership Program Consortium Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates appearing below. -- 6 Gilbert Wong, Mayor Date ATTEST City of Cupertino Name: KlIkYT5� Sa?VA-g-C4R Title: D&(j Cy CATS'( CCACLL (F-6 APPROVED AS TO FORM: CITY OF CUPERTINO ATTORNEY Page 17 Inter-governmental Agreement Santa Clara County ROME Consortium (SCCRC) HOME Investment Partnership Program Consortium Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates appearing below. Don Gage,Mayor Date ATTEST City of Gilroy Name: Title: APPROVED AS TO FORM: CITY OF GILROY ATTORNEY Page 18 6 Inter-governmental Agreement Y Santa Clara County HOME Consortium (SCCHC) HOME Investment Partnership Program Consortium Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates appearing below. Nancy Shepherd, Mayor Date ATTEST City of Palo Alto Name: Title: APPROVED AS TO FORM: CITY OF PALO ALTO ATTORNEY Page 19