14-091 Inter-governmental Agreement, Santa Clara County HOME Consortium (SCCHC) HOME Investment Patnership Consortium Agreement Inter-governmental Agreement
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Santa Clara County HOME Consortium (SCCHC)
HOME Investment Partnership Program Consortium Agreement
Table of Contents
Inter-governmental Agreement Resolution.............................................................1
SectionI. Definitions.........................................................................................2
SectionII. Purpose............................................................................................2
SectionIII. Agreement.......................................................................................3
Section IV. Roles, Responsibilities and Decision Making Process..................................7
SectionV. Program Design................................................................................10
SectionVI. Fund Administration........................................................................12
Section VII. Consolidated Plan and CAPER..........................................................13
SectionVIII. Amendments................................................................................13
SectionIX. Duration of the Agreement.................................................................14
Section X. Notice.....................................,......
Inter-governmental Authorized Representative Signature Pages.........................................16
Inter-governmental Agreement
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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 goverlunental 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
goveriunent 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:
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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 terns defined in this section have the following
meanings in this Agreement:
A. "Act" means Title II of the Cranston-G-onzalez 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 or 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 terms of a HOME hivestmellit 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.
L "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 Teclmical 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 II. PURPOSE
This purpose of this Agreement is to forn 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 from time to time referred
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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 a
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
the agreement to add new members or for other reasons approved by HUD on behalf of
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 aiulual RFP, to the TAC and HCDAC each year
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
Regulations, and the Federal Program Requirements, including reallocation of any funds
from previous years not expended and any repayments or other program income. The
proposed HOME program design and the consortium program application will be
consistent with the Consolidated Plan.
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D. The TAC will review the proposed HO1V[E 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 design 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 member"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 one city staff
member in writing to be accountable for responding to the County.
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 tilis 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 agree that the SCCHC's HOME program will
provide the opportunity for all members of the consortium to potentially have a project
funded in their city with HOME funds. P, "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 two projects per year will be selected by the
HCDAC in the participating jurisdictions. The County and Cities shall be given ample
opportunity to comment on and approve the funding recommendations of the 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.
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HOME Investment Partnership Program Consortium Agreement
I. The County as Lead Entity will finance the costs of administering the HOME Prograin
for SCCHC to the extent of appropriations. The County shall establish the HOME
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
procedures as required by HUD. The County will retain 10 percent of the HOME
allocation available to the SCCHC for administrative purposes.
J. The twenty five percent (25%) matching contribution requirement under 24 CFR 92.218-
222 will be met on a project by project basis. The County may utilize its "banked" funds
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, but the
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
Council for the City in which it will be developed. The Sponsor must provide a copy of
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
expires. If HUD, in accordance with Section 92.503 of the Regulations, requires SCCHC
to repay HOME funds awarded, the County and Cities agree that the payments will be
returned to HUD by the County.
N. Any repayment of HOME funds, loans or other program income generated from funds
received through the HOME Program, shall be returned to the HOME Investment Trust
Fund established by the Lead Entity and reallocated by the SCCHC Program during the
next Annual Action Plan submission following receipt of the repayments or other
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 Program
Requirements, and as reviewed by the TAC approved by the HCDAC, SCCHC HOME
program design features, targeting and local policy requirements.
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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 htw, 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 i:ees, 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 terns 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 Annual Perfonmance and Evaluation Report
("CAPER") in accordance with HUD regulations in 24 CFR Parts 91 and 92. The County
and Cities shall execute and . submit cany required certifications required by the
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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 affinnatively market HOME-assisted housing as
defined in Section 92.351 of the Regulations and will affinnatively 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;
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■ Standard fonns 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;
■ 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 or the following:
■ Appointing members to the TAC and HCDAC;
■ Participating in HCDAC and other meetings related to the SCCHC as requested
by the Lead Entity;
■ Contributing local match funds for 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 County 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 Community 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. recominendations to the HCDAC in
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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.
I. 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.
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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 community 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 criteria 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 make HOME funding recommendations as constrained
by the availability of funds.
L. All SCCHC members agree that the recommendations 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 must confonn 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, faun 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:
■ 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
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the HCDAC. The PA will be responsible for administering the TBRA program in
its entirety, including but not limited to the following:
o Intake (from referrals from local service providers "LSP");
o Income eligibility detennination;
o Housing search assistance;
o Landlord outreach and marketing;
o Unit inspections;
o Rent reasonableness detenninations;
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;
o Referring clients to the PA; and
o 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 permitted by the Federal Regulations. Rental assistance may
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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 determine 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.
SRCTION 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 snatch is in the fonn 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 terminates, program income 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 manner. 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 matching 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 imposed 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
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HOME Investment Partnership Program Consortium Agreement
agreement with HUD. All such books, records, files and accounts shall be made available
for inspection at reasonable tunes 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 confonnance 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
perfonnance 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 snake such changes provided
that each City is informed 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.
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HOME Investment Partnership Program 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 20 t 7. 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 on 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 County 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 ttie Consortium's membership has changed, the
state certification required under 24 C.F.R. § 92.101(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 amendment to this agreement as required under this
automatic renewal provision.
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Inter-governmental Agreement
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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 snail, 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, 7t"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: Tian 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.
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Inter-governmental Agreement
Santa Clara County HOIV[E Consortium (SCCHC)
HOME Investment Partnership Program Consortium Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
appearing below.
Mike Wasserman Date ATTEST
President, Board of Supervisors
County,gf Santa Clara ' Name:
Title:
APPROVED AS TO FORM:
DON LARKIN, COUNTY OF SANTA CLARA ATTORNEY
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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.
Gilbert Wong, Mayo Date ATTEST
City of Cupertino
Name: (4k a5-M*J .SCQUAyZ4_-(A
Title: rrn' Ct1
APPROVED AS TO FORM:
CITY OF CUPERTINO ATTORNEY
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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.
Don Gage, Mayor Date ATTEST
City of Gilroy
Name:
Title:
APPROVED AS TO FORM:
CITY OF GILROY ATTORNEY
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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.
Nancy Shepherd, Mayor Date ATTEST
City of Palo Alto .
Name:
Title:
APPROVED AS TO FORM:
CITY OF PALO ALTO ATTORNEY
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