HomeMy WebLinkAbout8.3 Agreements with Alameda County for CDBG Programsor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
June 17, 2014
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -40
Christopher L. Foss, City Manager �?14 "
Agreements with the County of Alameda for Participation in Community
Development Block Grant (CDBG) programs for Fiscal Years 2015 -2016, 2016-
2017, and 2017 -2018.
Prepared by Lynette Darensburg, Administrative Analyst 11
EXECUTIVE SUMMARY:
Every three years, the City Council considers entering into agreements with the County of
Alameda for participation in the Urban County CDBG /HOME Funds program and the HOME
Consortium. The current agreements between the City and County expire in June 2015. Staff
is requesting the City Council consider agreements for the next three -year cycle (FY 2015 -2016,
2016 -2017, 2017 -2018) at this time to ensure compliance with all County and HUD timelines
and the City's continued eligibility to receive funding.
FINANCIAL IMPACT:
The Agreements with the County of Alameda will allow for the City to receive CDBG and /or
HOME funding during the upcoming three year funding cycle. There is no impact to the City's
General Fund.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution Authorizing the City of Dublin to
enter into a three -year Agreement with the County of Alameda for participation in the Alameda
County Urban County CDBG /HOME Funds Program for Fiscal Years 2015 -2016, 2016 -2017,
and 2017 -2018; and adopt a Resolution Authorizing the City of Dublin to enter into a three -year
Agreement with the County of Alameda for Participation in the HOME Consortium for Fiscal
Years 2015 -2016, 2016 -2017, and 2017 -2018.
Submitted By
Community Development Director
'Reviewed By
Assistant City Manager
Page 1 of 4 ITEM NO. 8.3
DESCRIPTION:
Every three years, the City Council considers entering into agreements with the County of
Alameda for participation in the Urban County CDBG /HOME Funds program and the HOME
Consortium. The current agreements between the City and County expire in June 2015. Staff
is requesting the City Council consider agreements for the next three -year cycle (FY 2015 -2016,
2016 -2017, 2017 -2018) at this time to ensure compliance with all County and HUD timelines
and the City's continued eligibility to receive funding.
Background
The U.S. Department of Housing and Urban Development (HUD) administers the
Community Development Block Grant (CDBG) program whose goal is to provide decent
housing, a suitable living environment, and expanded economic opportunities primarily to low
and moderate income persons.
Cities can participate in the CDBG program in one of two ways: (A) as a Non - Entitlement City;
or (B) as an Entitlement City.
(A) Non - Entitlement City - The City of Dublin is a non - entitlement local jurisdiction and
participates in the Alameda County Urban County CDBG /HOME Funds Program. Participation
in the Alameda County Urban County CDBG /HOME Funds Program allows the City to be
eligible to receive CDBG funds that the County distributes to the Urban Cities through a formula
allocation system. Additionally, it allows Urban County participating cities to apply for HOME
funds for qualifying projects within the Alameda County HOME Consortium (described below).
(B) Entitlement City - Alternatively, communities can participate through the CDBG Entitlement
Community Program. To be considered an entitlement community grantee, a city must have a
population of 50,000 (as defined by HUD) and be formally invited to participate by HUD. As
entitlement community, the grantee is authorized to receive an annual allocation of CDBG funds
directly from HUD, rather than receiving funds through alternative processes. On or around July
1 of each year, the Census Bureau releases its list of Annual Estimates of the Resident
Population for Incorporated Places over 50,000 and Cumulative Estimates of Resident
Population Change for Incorporated Places over 50,000. The list identifies HUD certified
population changes in each community; from this list, potential new entitlement communities are
determined.
To date, the City has not received a formal invitation to participate as an entitlement community
however, it is anticipated that City will be extended an invitation from HUD at some time during
the proposed three -year agreement period. To preserve the City's ability to receive funding from
these programs, Staff is recommending the City Council approve two resolutions related to
future participation in CDBG programs - the first related to the participation in the Urban County
CDBG /HOME Funds Program and the second for the City's participation with the County for the
HOME Consortium.
CDBG /HOME Program
During the past five years of the City's participation in the CDBG /HOME Urban County program,
the City's funding allocation has ranged from approximately $64,000 to $92,000 annually.
Beginning in FY 2013 -14, the City received a significant increase in funding due to the County's
change in their formula allocation methodology. The new formula places weight on the City's
population increase over the past several years.
Page 2 of 4
Table II summarizes the amount of funding received each year and the categorical allocation.
Table II - City of Dublin Annual CDBG Allocation by Category
Five -Year History
Staff believes it is appropriate to enter into the new contract to preserve the City's option to
receive CDBG funding each year of the contract period. If the City of Dublin is invited to
participate as an entitlement community, it is expected that the entitlement process can take
approximately 18 -24 months to complete. Upon completion, HUD would certify the City as an
entitlement community and funds could then be received directly.
Staff has made preliminary inquiries to HUD about the status of entitlement invitations for Fiscal
Year 2015 -2016. Based on HUD's responses to these inquires, it is unlikely HUD will determine
that the City has reached the population threshold and issue an invitation in July 2014. In the
unlikely event HUD does issue an invitation, there still would not be adequate time to complete
all the steps necessary to receive HUD certification by FY 15 -16.
Table I provides an estimation of the funding the City is likely to receive, if invited to become an
entitlement city by July 1, 2014.
Table I Proposed Three Year Contract - Funding Scenarios
(FY 15 -16 to FY 17 -18)
City Funding Year,
With Proposed
3'Year County Contract
If Entitlement City
(for reference only)
FY 14 -15
$92,020
n/a
Administration
Public
Service
Allocation
(Non- Profits)
Other
Capital
Improvements
Housing
Rehabilitation
2010 -2011
2010
$88,100
$6,600
$58,969
$5,427
$17,104
2011 -2012
2011
$74,284
$6,600
$40,970
$13,698
$13,016
2012 -2013
2012
$64,193
$6,600
$46,475
$0
$11,118
2013 -2014
2013
$91,873
$6,600
$34,975
$15,000
$35,298
2014 -2015
2014
$92,020
$6,600
$43,902
$23,500
$18,018
* For reference purposes only
Staff believes it is appropriate to enter into the new contract to preserve the City's option to
receive CDBG funding each year of the contract period. If the City of Dublin is invited to
participate as an entitlement community, it is expected that the entitlement process can take
approximately 18 -24 months to complete. Upon completion, HUD would certify the City as an
entitlement community and funds could then be received directly.
Staff has made preliminary inquiries to HUD about the status of entitlement invitations for Fiscal
Year 2015 -2016. Based on HUD's responses to these inquires, it is unlikely HUD will determine
that the City has reached the population threshold and issue an invitation in July 2014. In the
unlikely event HUD does issue an invitation, there still would not be adequate time to complete
all the steps necessary to receive HUD certification by FY 15 -16.
Table I provides an estimation of the funding the City is likely to receive, if invited to become an
entitlement city by July 1, 2014.
Table I Proposed Three Year Contract - Funding Scenarios
(FY 15 -16 to FY 17 -18)
City Funding Year,
With Proposed
3'Year County Contract
If Entitlement City
(for reference only)
FY 14 -15
$92,020
n/a
FY 15 -16
$90,000
$0
FY 16 -17
$85,000
$120,000
FY 17 -18
$80,000
$115,000
* The above figures are estimates based on Congressional funding reductions to the
CDBG program
The proposed agreement allows the City of Dublin to participate with the County of Alameda
and other urban county cities (those cities with a HUD certified population of less than 50,000) in
HUD's CDBG /HOME Funds program. The CDBG /HOME Funds program provides funds to
undertake, or assist in undertaking, community renewal and lower income housing assistance
activities as defined by HUD. These activities can include providing funding to local non - profit
organizations for HUD sanctioned programs or projects. This agreement is for the three -year
cycle beginning Fiscal Year 2015 -2016 through 2017 -2018 (Federal fiscal years 2015, 2016,
and 2017).
Page 3 of 4
HOME (Home Investment in Affordable Housing) Consortium
This agreement allows the City of Dublin to participate with the County of Alameda and other
local government entities within the County in HUD's HOME program. The HOME program
provides funds for affordable housing programs and projects within the City's boundaries.
Participation in this Consortium will provide the City with the opportunity to apply for funding for
programs such as: acquisition, rehabilitation and construction of affordable housing, and
provision of homebuyer and tenant -based rental assistance. This agreement is for the three -
year cycle beginning Fiscal Year 2015 -2016 through 2017 -2018 (Federal fiscal years 2015,
2016, and 2017).
As stated previously in this report, Staff expects that, within the upcoming three -year contract
cycle, HUD will invite the City to become an entitlement city. Once that invitation is received,
Staff would propose, at that time, that the City Council form a CDBG Ad -Hoc Subcommittee,
comprised of two City Council members, to provide policy guidance and direction to staff
regarding a plan for the future "entitlement city" status by Housing and Urban Development.
The City previously formed this Subcommittee in October 2009 when it was envisioned that the
City would reach entitlement city status, prior to the economic and residential development
slowdown.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution - 3 year agreement for CDBG HOME funds; Agreement
for CDBG /HOME Funds
2. Resolution - 3 year agreement for HOME Consortium; Agreement for
HOME Consortium
Page 4 of 4
RESOLUTION NO. XX - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
AUTHORIZING THE CITY OF DUBLIN TO ENTER INTO A THREE -YEAR COOPERATIVE
AGREEMENTS WITH THE COUNTY OF ALAMEDA FOR PARTICIPATION IN THE
ALAMEDA COUNTY URBAN COUNTY CDBG /HOME FUNDS PROGRAM FOR FISCAL
YEARS 2015 -2016, 2016 -2017 AND 2017 -2018
WHEREAS, the Congress of the United States has enacted the Housing and Community
Development Act of 1974; and
WHEREAS, small cities with populations less than 50,000 may receive CDBG or HOME
funds through agencies other than HUD such as Urban County Programs; and
WHEREAS, the United States Department of Housing and Urban Development has
made a determination that Alameda County may operate as an Urban County; and
WHEREAS, the Alameda County Urban County Program undertakes community renewal
and lower- income housing assistance primarily for the benefit of very low- to moderate - income
households; and
WHEREAS, the United States Department of Housing and Urban Development requires
a three -year agreement between cities and their respective county for participation in the Urban
County Program; and
WHEREAS, it is the desire of the City of Dublin (the "City ") to enter into the three -year
Agreement with the County of Alameda to receive CDBG and HOME Funds Program during the
fiscal years of 2015 -2016, 2016 -2017 and 2017 -2018.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin takes
the following actions:
1. All recitals above are true and correct and incorporated herein; and
2. The City Manager or his designee is hereby authorized to execute the three year (2015-
2016, 2016 -2017, and 2017 -2018) Agreement with the County of Alameda for
participation in the Alameda County Urban County CDBG /HOME Funds Program and
take such further actions as may be necessary or appropriate to carry out the City's
obligation under this Resolution.
PASSED, APPROVED, AND ADOPTED this 17th day of June 2014.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
C:AUsers \agenda \Desktop \Item 8.3 Attachment I.doc
AGREEMENT
An Agreement by and between the CITY OF DUBLIN, hereinafter called "CITY" and
the COUNTY OF ALAMEDA, hereinafter called "COUNTY ".
WHEREAS, the Congress of the United States has enacted the Housing and Community
Development Act of 1974, and subsequent amendments to such Act, hereinafter called "ACT "; and,
WHEREAS, Title I of ACT consolidates previously separate grant programs for open
space, public facility loans, water and sewer grants, urban renewal, model cities, rehabilitation
loans, and affordable housing; and,
WHEREAS, Title I makes available entitlement grants to:
(1) cities whose 2010 Census population exceeds 50,000 persons; and
(2) counties which qualify as an urban county; and
WHEREAS, the term "urban county" means any county within a metropolitan area which:
(1) is authorized under state law to undertake essential community development and
housing assistance activities in its incorporated areas which are not units of general local
government; and,
(2) has a combined population of 200,000 or more in such unincorporated areas and
in its included units of local government:
(A) in which it has authority to undertake essential community development
and housing assistance activities and which do not elect to have their population
excluded; or,
(B) with which it has entered into cooperation agreements to undertake or to
assist in the undertaking of essential community development and housing
assistance activities; and,
WHEREAS, five cities in Alameda County have a 2010 Census population of less than
50,000; and,
WHEREAS, these same five cities may join with the County of Alameda to form a
combined 2010 Census population of 200,000 or more persons, thereby qualifying as an urban
county, and be eligible for an entitlement of Community Development Block Grant and HOME
Investment Partnership funds; and,
WHEREAS, these same five cities agree that by executing this Agreement they may not
apply for grants under the Small Cities or State CDBG Program from appropriations for fiscal
years during the period in which it is participating in the Urban County's CDBG program; and
WHEREAS, these same five cities agree that by executing this Agreement they may not
participate in a HOME Consortium except through the Urban County, regardless of whether the
Urban County receives a HOME formula allocation; and,
WHEREAS, the Department of Housing and Urban Development, hereinafter called
"HUD ", has made a determination that the COUNTY has the essential powers to operate as an
urban county.
WHEREAS, the CITY and COUNTY agree that this Agreement will be voided if CITY
is advised by HUD, prior to the completion of the requalification process for FY2015 -2017, that
the CITY is eligible to become a metropolitan city and the CITY elects to take its entitlement
status. If this Agreement is not voided on the basis of the CITY's eligibility as a metropolitan
city prior to July 11, 2014 (or a later date if provided in writing by HUD), the CITY must remain
a part of the Urban County for the entire three -year period of the Urban County's qualification.
THEREFORE, it is agreed that:
1. CITY and COUNTY will cooperate to undertake, or assist in undertaking, community
renewal and lower income housing assistance activities, specifically urban renewal and publicly
assisted housing, hereinafter called "PROGRAM ", to be carried out with annual Community
Development Block Grant and HOME Investment Partnership funds, hereinafter called
"CDBG /HOME FUNDS ", from Federal fiscal years 2015, 2016 and 2017 appropriations and
from any program income generated from the expenditure of such funds. Community renewal
and lower income housing assistance activities shall be those designated or referred to within
Title I of the ACT and the regulations issued pursuant thereto.
2. To carry out community renewal and lower income housing activities, COUNTY shall
distribute to CITY a portion of the CDBG funds received under the ACT from Federal fiscal
years 2015, 2016 and 2017appropriations. The funds distributed to CITY shall be determined in
accordance with such needs, objectives, or strategies, as COUNTY shall decide. In preparing the
needs, objectives or strategies, COUNTY shall consult with CITY before making its
determinations. The distribution of HOME funds to the Urban County is based on the review
and recommendations of proposals received in response to an annual RFP.
3. It is expressly understood that as a recipient of the CDBG /HOME FUNDS from HUD,
COUNTY and CITY must take all actions necessary to assure compliance with the urban
county's certification required by Section 104(b) of Title I of the Housing and Community
Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, The
Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of
1974 and other applicable laws, and all regulations issued pursuant thereto. Further, urban
county funding for activities in or in support of any city that does not affirmatively further fair
housing within its own jurisdiction or that impedes the county's actions to comply with its fair
housing certification is prohibited.
4. CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG /HOME
FUNDS to a metropolitan city, urban county, unit of general local government, or Indian tribe or
insular area that directly or indirectly receives CDBG funds in exchange for any other funds,
credits or non - federal considerations, CITY must use the CDBG /HOME FUNDS for activities
eligible under Title I of the Housing and Community Development Act of 1974, as amended.
5. Pursuant to 24 CFR 570.501(b), CITY is subject to the same requirements applicable to
sub - recipients, including the requirement of a written agreement set forth in CFR 570.503.
6. CITY shall inform COUNTY of any income generated by the expenditure of CDBG
funds received by the CITY. CITY shall pay any such program income to COUNTY or CITY
may retain program income subject to requirements set forth in this Agreement and with written
approval of the COUNTY. Any program income CITY is authorized to retain may only be used
for eligible activities in accordance with all CDBG requirements as may then apply. COUNTY
has the responsibility for monitoring and reporting to HUD on the use of any such program
income thereby requiring appropriate record keeping and reporting by CITY as may be needed
for this purpose. In the event of close -out or change in status of CITY, any program income that
is on hand or received subsequent to the close -out or change in status shall be paid to COUNTY.
7. In regard to real property that is in within the control of CITY due to being acquired or
improved in whole or in part using CDBG funds, CITY must give timely notification to
COUNTY for any modification or change in the use of the real property from that planned at the
time of acquisition or improvement including disposition. CITY must reimburse COUNTY in an
amount equal to the current fair market value (less any portion thereof attributable to
expenditures of non -CDBG funds) of property acquired or improved with CDBG funds that is
sold or transferred for a use which does not qualify under the CDBG regulations. Any program
income generated from the disposition or transfer of property prior to or subsequent to the close-
out, change of status or termination of the cooperation agreement between COUNTY and CITY
shall be paid to COUNTY.
8. CITY shall provide COUNTY with all information concerning CITY and the activities
CITY carried out under this agreement which COUNTY requires to prepare 1) documents
required to be submitted to HUD, 2) annual performance report, 3) such other documents as
COUNTY may require to carry out community renewal and lower income housing activities or
meet Federal requirements. All information shall be submitted on forms prescribed by
COUNTY. In addition, CITY agrees to make available upon request all records concerning the
activities carried out under this Agreement for inspection by COUNTY or Federal officials
during regular business hours.
9. CITY designates City Manager or his /her designee as the official to whom all notices and
communications from COUNTY shall be directed. COUNTY's duty to notify CITY shall be
complete when the communication is sent to the designated official or deputy. It is the exclusive
duty of the designated official or deputy to notify the correct individuals or departments within
CITY.
10. CITY shall defend, indemnify and hold harmless COUNTY, its officers, employees and
agents from liability for any fines, penalties, or damage of any type accruing to COUNTY by
virtue of CITY's failure to comply with any requirement of the ACT and the regulations issued
pursuant thereto, or failure to comply in any respect with the PROGRAM described herein.
Further, CITY shall defend, indemnify and hold harmless COUNTY, its officers, employees, and
agents against any and all liability for injury or damage caused by any act or omission of CITY
or any of CITY's employees or volunteers in the performance of the contract or PROGRAM and
CITY shall hold COUNTY harmless from any and all loss occasioned in the performance of, or
otherwise arising out of, this Agreement or PROGRAM.
11. This Agreement shall go into effect immediately upon the signature of both parties and
shall continue in full force and effect until all activities funded by CDBG /HOME FUNDS from
Federal fiscal years 2015, 2016 and 2017appropriations are completed. CITY will be included in
the urban county for the entire three years period funded by CDBG /HOME FUNDS from
Federal fiscal years 2015, 2016 and 2017. Appropriations may not be withdrawn from the urban
county during this agreement period.
12. CITY agrees that it has adopted and is enforcing a policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations and a policy of enforcing applicable State and locals laws
against physically barring entrance to or exit from a facility or location which is the subject of
such non - violent civil rights demonstrations within jurisdictions.
13. CITY agrees that COUNTY has final responsibility for selecting CDBG and HOME
activities and annually filing the Annual Action Plan with HUD.
CITY OF DUBLIN COUNTY OF ALAMEDA
City Manager
ATTEST:
City Clerk
DATE:
APPROVED AS TO FORM:
City Attorney
President, Board of Supervisors
ATTEST:
Clerk, Board of Supervisors
DATE:
APPROVED AS TO FORM:
Donna R. Ziegler, County Counsel
By:
William M. Fleishhacker, Deputy County Counsel
By signing above, signatory warrants and represents that he /she executed this Agreement
in his /her authorized capacity and that by his /her signature on this Agreement, he /she or
the entity upon behalf of which he /she acted, executed this Agreement
G:AHCD \CDBGADMN\2014 CDBG\kmt 2015 2016 2017 Cooperative Agreements.doc
RESOLUTION NO. XX - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
AUTHORIZING THE CITY OF DUBLIN TO ENTER INTO A THREE YEAR CONSORTUIM
AGREEMENT WITH THE COUNTY OF ALAMEDA FOR PARTICIPATION IN THE HOME
CONSORTIUM FOR FISCAL YEARS 2015-2016,2016-2017 AND 2017 -2018
WHEREAS, the Housing and Community Development Act of 1974, Public Law 93 -383,
as from time to time amended, provides for the Community Development Block Grant (CDBG)
program; and
WHEREAS, the National Affordable Act of 1990 provides for the HOME program to
maintain and develop affordable housing; and
WHEREAS, the City of Dublin (the "City ") desires to remain an active member of the
Consortium; and
WHEREAS, affordable housing programs located with the City's boundaries and meeting
the established HOME criteria are eligible to receive funding; and
WHEREAS, it is the desire of the City of Dublin (the "City ") to enter into the three year
Agreement with the County of Alameda to participate in the HOME Consortium during the
federal fiscal years of 2015 -2016, 2016 -2017 and 2017 -2018.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin takes
the following actions:
1. All recitals above are true and correct and incorporated herein; and
2. The City Manager or his designee is hereby authorized to execute the three year (2015-
2016, 2016 -2017, and 2017 -2018) Agreement with the County of Alameda for
participation in the Alameda County Urban HOME Consortium and take such further
actions as may be necessary or appropriate to carry out the City's obligation under this
Resolution.
PASSED, APPROVED, AND ADOPTED this 17th day of June 2014.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
C:AUsers \agenda \Desktop \Item 8.3 Attachment 3.doc
AGREEM ENT
This AGREEMENT is made and entered into this day of 2014, by and
between the CITY of DUBLIN, hereinafter called "City," and the COUNTY OF ALAMEDA,
hereafter called "County."
WHEREAS, the Congress of the United States has enacted the Cranston Gonzalez
National Affordable Housing Act of 1990 and Federal regulations have been adopted pursuant
thereto, hereinafter cal I ed the "Act "; and
WHEREAS, Title II of the Act creates the Home Investment in Affordable Housing
Program, hereinafter called "HOME," that provides funds to states and local governments for
acquisition, rehabilitation, neN construction of affordable housing and tenant -based rental
assi stance; and
WHEREAS, the Act requires local governments to formulate a Consolidated Plan as part
of the el i gi bi I i ty requi rements for H OM E f unds; and
WHEREAS, funds from Title II are distributed to metropolitan cities, urban counties
States, and consortia of I oval governments;
WHEREAS, the Act allows local governments to form consortia for the purpose of
receiving and administering H OM E f unds and carrying out purposes of the Act;
WHEREAS, the Act requires that a I oval government member of an urban county may
participate i n a consorti um only through the urban county, and the County of Alameda is the lead
agency of the A I ameda County U roan County; 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 overal I responsi bi I ity for the Act, i ncl udi ng requi rements concerni ng the
Consol i dated R an;
WHEREAS, the CITY and COUNTY agree that if CITY is advised by HUD prior to July
11, 2014 (or a later date if provided in writing by HUD) that the CITY is not eligibleto become a
metropolitan city or the CITY does not elects to take its entitlement status, then this Agreement
shall be voided, and the CITY must remain a part of the Urban County for the entire three -year
period of the Urban County's quad ifi cat ion.
THEREFORE, it is agreed that:
1. CITY and COUNTY will cooperate in the operation of the Alameda County HOME
Consortium, hereinafter called the "CONSORTIUM ", for the purpose of undertaking or
assisting in undertaking HOME - eligible housing assistance activities pursuant to Title 11
of the Act including but not limited to, acquiring, rehabilitating, and constructing
affordable housing and providing homebuyer and tenant -based rental assistance.
2. COUNTY shall act as the representative member of the CONSORTI UM for the purposes
of the Act.
3. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated
Plan which pertain to CITY before COUNTY submitsfinal Consolidated Plan to the U.S.
Department of Housing and Urban Development. COUNTY shall incorporate CITY
changesin Consolidated Plan, if any, provided that they meet HOME requirements.
4. CITY shall approve each project funded with HOME funds within CITY before
COUNTY approves f undi ng project with HOME funds, provided that CITY approval or
disapproval does not obstruct the implementation of the approved Consolidated Plan.
5. There shall be a Technical Advisory Committee for the Consortium to recommend
spending priorities, policies, and review projectsand proposed expenditures. CITY shall
deli gnate a staff member to participate on the Technical Advisory Committee.
6. CITY shall designate a representative to whom all notices and communications from
COUNTY shall be directed. COUNTY'S duty to notify CITY shall be complete when
the communication is sent to the designated representative. It is the exclusive duty of the
designated representative to notify the appropriate individuals or departments within
CITY.
7. To carry out activities under this Agreement, COUNTY shall al locate to CITY a portion
of HOME funds received under the Act. Initial allocations shall be approved by the
Technical Advisory Committee for the CONSORTIUM. If necessary to meet HOME
requirements, funds will be real I ocated by COUNTY in accordance with such needs,
objectives, or strategies as COUNTY shall decide. In preparing such needs, objectives,
or strategies, COUNTY shall consult with CITY and Technical Advisory Committee
before making its determinations.
8. Each party to this agreement shall affirmatively further fair housing.
9. CITY shall pay COUNTY an annual fee to help defray COUNTY'S costs to administer
the Consortium and perform monitoring, record - keeping, and reporting required by the
Act. Such fee shall be based upon COUNTY'S expected actual costs and shall in no case
exceed five percent (5 %) of the CITY'S annual allocation of HOME funds.
10. CITY shall provide COUNTY with all of the following information concerning CITY
and the activities CITY carries out under this agreement which COUNTY requires to be
prepared: 1) documents required to be submitted to HUD, 2) annual HOME performance
report, 3) such other documents as COUNTY may requi re to carry out eligible housing
activities or meet Federal requirements. All information shall be submitted on forms
prescribed by COUNTY. In addition, CITY agrees to make available upon request all
records concerning the activities carried out under this agreement for inspection by
COUNTY or Federal officials during regular business hours.
11. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify, and hold
harmless COUNTY, its officers, employees, and agents from a1 I claims, suits, actions or
losses of any type, and from liability for any fines, penalties or damages of any type,
resulting from CITY'S performanceof this Agreement and caused by any act or omission
of CITY, including failure to comply with any requirement of the Act or the Program
described herein, except to the extent that any such claim, suits, actions, losses, or
liabilities arisefrom any act or omission of COUNTY.
12. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify, and
hold harmless CITY, its officers, employees, and agents from all claims, suits, actions or
losses of any type, and from liability for any fines, penalties or damages of any type,
resulting from COUNTY'S performance of this Agreement and caused by any act or
omission of COUNTY, including failure to comply with any requirement of the Act or
the Program described herein, except to the extent that any such claims, suits, actions,
losses, or liability arisefrom any act or omission of CITY.
13. Each CITY participating in the Alameda County HOME CONSORTIUM shall defend,
indemnify, and hold harmless all other participating CITIESfor CITY'S negligent acts or
omissions arising from this agreement.
14. This Agreement shall go into effect immediately upon the signature of both parties and
shall continue in full force and effect until all activities funded from Federal fiscal years
duringwhich CITY was a parti ci pati ng j uri sdi cti on i n the CONSORTI U M are compl eted.
Cl TY wi I I be i ncl uded i n the Consorti um for a mi ni mum of three (3) Federal f i scal years,
federal years 2015, 2016 and 2017.
I N WITNESS WHEREOF, the parties hereto have executed this contract on the day first
mentioned above.
CITY OF DUBLIN
City Manager
APPROVED AS TO FORM
IN
City Attorney
Attested By:
COUNTY OF ALAM EDA
President, Alameda County Board of Supervisors
APPROV ED AS TO FORM
Donna R. Ziegler, County Counsel
By-
William M. FI ei shhacker,
Deputy County Counsel
By si gni ng above, si gnatory warrants and represents that he/she executed thi s Agreement
in his/her authorized capacity and that by his/her signatureon this Agreement, he/she or
the entity upon behalf of which he/she acted, executed this Agreement.
GAHMHOM E\SU BRECI R ENTTFY 14 \kmt 2015 to 2017 Consortium Agreement.doc