HomeMy WebLinkAbout2319 ResolutionPASSED by the City Council of the City of Pasco this day of
,1997
.44
- - r es D Kilbury, ayor
APP S TO FORM
—130
Leland B Kerr, City Attorney
RESOLUTION NOD3 n
A RESOLUTION authorizing an amendment to the cooperative agreement to form
the Kennewick and Richland Consortium under the National
Affordable Housing Act
WHEREAS, there has been enacted into Public Law 101-625, the National
Affordable Housing Act of 1990 (NAHA), the primary objective of which is to
increase the supply of decent affordable housing for lower income Americans,
and,
WHEREAS, NAHA authorizes contiguous units of general local government
to join together in a consortium, and
WHEREAS, on May 8, 1995, the cities of Kennewick, Pasco and Richland
agreed formed a consortium to implement the objectives of increasing the local
supply of decent affordable housing to low income residents, and
WHEREAS, the members of the consortium wish to clarify the cooperative
agreement, and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON
That the City Manager is authorized to execute an amendment to the
Cooperative Agreement with the Cities of Kennewick and Richland to
accomplish the objectives herein stated
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately
Catherine Seaman, Deputy City Clerk
AMENDMENT TO THE COOPERATIVE AGREEMENT
COOPERATIVE AGREEMENT TO FORM
THE ICENNEWICK, PASCO AND RICHLAND CONSORTIUM
UNDER THE
NATIONAL AFFORDABLE HOUSING ACT
Program Years 1996-1998
This Agreement is entered into between the cities of Kennewick, Pasco, and Richland,
municipal corporations of the State of Washington, for the purpose of forming a Consortium under
the HOME Investments Partnership (HOME) Program This Agreement will become effective
upon adoption by the parties and approval by the U S Department of Housuig and Urban
Development
WITNESSETH
WHEREAS, the Congress of the United States of America has cnactcd thc National
and
WHEREAS. the Federal Government has enacted the national Affordable Housing Act
(NAHA). which created the HOME Investment Partnerships Program (HOME Programl
administered by the U S Department of Housing and Urban Development (HUD) through
regulations at Title 24. Code of Federal Regulations. Part 92 (HOME Regulations). and
WHEREAS. said regulations allow units of general local governments to form consortia
for purposes of obtaining funds under the HOME Program. and
WHEREAS, the cities of Kennewick, Pa3co and Richland arc not individually eligible to
;
;
WHEREAS. the Cities of Kennewick. Pasco and Richland are geographically contiguous
units of local government eligible to form a consortium under said regulations. and
WIIEREAS, NAHA requires that a consortium select one member to act in a
WHEREAS. the Interlocal Cooperation Act. Chapter 39 34 RCW permits local
governmental units to enter into agreements to cooperate for certain beneficial purposes. and
WHEREAS, The cities of Kennewick, Pasco and Richland have determined that obtaining
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funding undcr thc HOME Program -will increase their ability to provide affordab4c housing for
their low and moderate income residents; forming a consortium will increase the level of HOME
Program funds potentially available for use within their combined jurisdictions, and thereby
increase the combined ability of the Cities to assist in meeting the affordable housing needs of the
population
NOW, THEREFORE, the parties agree as follows
SECTION 1 DEFINITIONS
a "Consortium" means the arrangement formed by this agreement, and "HOME
Program" means all of the activities assisted with HOME funds received from
HUD pursuant to the Consortium
"Member" means the cities of Kennewick, Pasco, and Richland, municipal
corporations of the State of Washmgton and units of local government
"Tr-Cities HOME Consortium" means the particular Consortium operating under
the HOME Program consisting of the City of Kennewick. City of Pasco, and the
City of Richland
"Lead Member" "Representative Member" means the unit of local government
designated by the Tri-Cities HOME Consortium to act m a representative capacity
for all members for the purposes of this agreement The Lead Member
Representative Member will assume overall responsibility for ensuring that the Tri-
Cities HOME Consortium 1-10ME-pregram is administered and operates carried
ettf m compliance with the requirements of the HOME Program program,
• H • • • I ; -•-•
(CPS) Representative Member serves as the official and primary contact
between HUD and the Tr-Cities HOME Consortium
"Consolidated" means jointly developed with unity from a regional perspective of
the Members
SECTION 2: GENERAL PROVISIONS
government, they arc eligible to form a consortium for the purposes of HOME
fufteting-
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a The Members agree to form a Consortium to cooperate to undertake housing
assistance activities in compliance with the federal HOME statute and regulations
for thc HOME Program
The Members agree to cooperate in maintaining compliance by the Tri-Cities
Consortium with federal Consolidated Plan regulations at Title 24. Code of Federal
Regulations. Part 91 Each Member shall also cooperate with the Representative
Member in conducting citizen participation. planning. and programming. as
necessary for the Representative Member to submit to HUD the Consortium's
Consolidated Plan Each member shall assure that its separate processes and
procedures comply with the Consolidated Plan regulations
The Members agree to jointly_ develop with overall unity a combined
Comprehensive Consolidated Plamung Strategy (CPS) for each of the Federal fiscal
years covered by this cooperative agreement for submission to HUD The CPS
will be comprised of a consolidated Market Analysis and Housing Needs
Assessment, consolidated Five-Year Planning Strategy. and Annual Plans for
implementation of the strategy for the Tn-Cities Consortium The Housing
Strategy will be developed to address needs over the three city area, however, each
City will independently address non-housing community needs Thc CPS will be
developed jointly with overall unity, however each Member will separately
11r-tee-tete—awl—develop Itottsing policies for areas with differing housing nccds
within their respective jurisdictions
The Members agree that
each shall affirmatively support fair housing in compliance with all applicable
statutes and regulations
SECTION 3. COMPLIANCE WITH FEDERAL REGULATIONS
All members of the Consortium agree to comply with the applicable portions of CFR Title 24,
Part 92, the Housing and Community Development Act of 1974 as amended, CFR Title 24,
Chapter V, Part 570, CFR Title 24, Part 58, Title VI of the Civil Rights Act of 1964, Title VIII
of the Civil Rights act of 1968, Section 109 of the Housmg and Community Development Act of
1974, Section 3 of the Housmg and Urban Development Act of 1968, Executive Orders 11246,
11063, and 11593, the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, OMB Circular A-122 and attachments, the Archeological and Historical Preservation Act
of 1974, the Architectural Barriers Act of 1968, the Hatch Act, the Flood Disaster Protection Act
of 1974, the Clean Air Act, and the Drug-Free Workplace Act of 1988
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SECTION 4 PROGRAM ADMINISTRATION
a The City of Richland is hereby designated the lead agency Representative Member for the
Consortium
b The Lead Mcmbcr Representative Member shall assume overall responsibility for ensuring
that the HOME Program is carried out m compliance with CFR Title 24, Part 92
c The Lead Member Representative Member shall be specifically responsible for the
following
i Establish a local HOME Investment Trust Fund Account
ii rcccipt Receive, disburse, and account for all HOME Program and matching funds
in Collect all required reports and data from the members or their subrecipients and
submit them to HUD
IV Send Members a copy of correspondence from HUD within 48 hours of receipt.
and copy Members on correspondence from Representative Member to HUD.
v Provide written procedures for IDIS reporting To mclude explanations of who has
access to the system. how funds are sub-allocated in the system, who is required
and allowed to make entries in the system. at what times
vi Provide written procedures for the disbursement of funds To include how
Members or their subrecipients request HOME funds from the Representative
Member, processing time needed by the Representative Member, and description
of documentation required to accompany requests
vii Provide written procedures for record keeping. reporting and monitoring
yin Description of the system and format for keeping records of program delivery, and
meeting all HUD reporting requirements. including
marketing activities
application and award activities
incurred obligation and contribution of required match funds
federal cross-cutting activities
CHDO designations and CHDO activities when applicable under Section
4 f below
ix Description of the intended system and format for monitoring projects through the
applicable period of affordability. including
\ . listing of staff responsible for monitoring duties _
. procedures for monitoring HOME rents. eligible residents. resale of _
homeowner properties. Fair Housing and Equal Opportunity. and property
standards
• procedures for notifying HOME fund recipients about monitoring schedule _
. _
. _
. _
• steps and recourse that can be taken to ensure compliance by the recipients
of the HOME funds
Administer and monitor activities of subrecipients who have contracted with a
Consortium Member to deliver a specific HOME program
xi Prepare and submit HOME Performance Report for Consortium activities
Each Member shall be specifically responsible for the following
To supply to the Lead Member Representative Member, within 30 days after
request or as otherwise agreed upon, copies of all documents which the le.ael
Member Representative Member is required to submit to HUD, includmg but not
limited to the Member's annual IIOME Performance Rcport, the Member's
housing CPS and records relating to project activities
To supply to the Representative Member written description(s) of their HOME
program(s) prior to contracting with a subrecipient to deliver the program(s)
Descriptions should include
• copies of any subrecipient agreements
• copies of program description
• listing of responsible staff for each step in the delivery of the program
• methods of affirmative marketing
• steps taken and standards imposed for the application and review process
leading to the award of funds
The HOME Program annual performance report
HOME funds will be allocated between the Members according to the percentage each
receives under the Community Development Block Grant Program for Program Years
(PY) 1996 and 1997 During PY 1997. the Consortium will evaluate the CDBG-based
proportionate method of allocation. Consortium members will evaluate the feasibility of
developing a mechanism for adoption and implementation by members in PY 1998. which
will allocate funds from a regional perspective, while maintaining the equitabilitv desired
by all participants Members may choose to collaborate in funding projects or activities
or may choose to pursue projects independently as current housing needs change and
opportunities arise
Each member will be responsible for determming the housing needs for their own
jurtsdiefierk-
L. To provide for reallocation in a timely manner, any funds set aside for a city and not
committed to a project within 18 months. or expended within 48 months of the award of
HOME funds to the Tr-Cities HOME Consortium. will be reallocated by agreement
among the Members
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a The City of Pasco will coordinate utilization of 1996 CHDO set aside funds, the City of 4.-
Kennewick will coordinate utilization 1997 CHDO funds, and the City of Richland will
coordinate utilization 1998 CHDO funds Utilization of CHDO funds will be in
accordance with administrative guidelines established herem After the respective member
selects a CHDO to receive funds. the Representative Member will perform required
administrative or monitoring dunes
h Any Program Income, as defined in the federal regulations that is generated in a given
Program Year by HOME funded activities for which the Member is the operating entity.
shall at the Member's option either be applied to continuation of the same specific activity_
from which it is generated. or added in the following Program Year to the amount of
HOME funds constituting the Member's share as defined in Section 4 e above Other
Program Income received by the Consortium shall be added in the following Program Year
to the balance of funds remaining for allocation
i Each Member will be independently responsible for any administrative costs each incurs
associated with the 1) development and implementation of the CPS. 2) the annual re-
examination of needs prior to setting each year's Action Plan , and 3) the awarding of
HOME program funds to subrecipients which arc associated with thc development and
J
Each Member will be independently responsible for generating the matching funds
required by the HOME Program regulations, based on HOME Program activities
implemented by each member within their individual jurisdictions All incurred matching
obligations funds shall either be deposited in the Local HOME Investment Trust Account.,
or be invested in an eligible match use prior to the end of the federal fiscal year in which
the obligation occurred If the match can not be supplied by the responsible Member, then
the HOME funds and associated match obligation may be transferred to another City by
agreement of the Members and shall bc credited to thc specific activity for which the
funds wcrc intended Credit for excess matching funds may bc used to mcct thc match
e,
of thc consortium, at the discretion of thc Member with cxeess match funds
k The Representative Member has the responsibility to repay any HOME funds to the
HOME Investment Trust Account that HUD determines were not used in accordance with
the HOME regulations. and that to the extent that a Member was the entity that did not use
the funds in compliance with regulations. then upon the repayment of the funds by the
Representative Member. the above said Member will immediately reimburse the
Representative Member To the extent that a subrecipient was the entity that did not use
the funds in compliance with regulations. then the subrecipient will be responsible for
reimbursing the Representative Member
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1 Each Member agrees to make available to the Lead Member Representative Member upon
request, all records concermng the activities carried out under this agreement for
inspection by the Lead Member Representative Member of or Federal Officials
m Upon failure to renew this Cooperative Agreement or extend its term as defined in Section
6 a • the balance of funds which have not been committed will be returned to HUD for
reallocation, committed but incomplete projects and activities will be completed by the
respective Member who initiated such project or activity, all duties and responsibilities set
forth in this Cooperative Agreement which apply to specific projects and activities will
become the responsibility of the Member whose relative HOME funds were used for the
specific projects and activities, with assurance of compliance provided to the
Representative Member no less than annually
SECTION 5 DISTRIBUTION OF FUNDS
No later than 30 calendar days from notification by HUD that HOME funds have been awarded
to the consortium, the Lead Member Representative Member shall issue a Notification of Fund
Availability (NOFA) indicating the amount of funds available to each Member and shall grant
each jurisdiction 30 calendar days to submit an application An activity shall be considered
eligible if it conforms to the requirements of CFR Title 24, Part 92
SECTION 6 TERM OF THE COOPERATIVE AGREEMENT
a The Members agree that the term of this Cooperative Agreement is the length of
time necessary to carry out all activities that will be funded from funds awarded
for three Federal fiscal years 1996, 1997, 1998 Program year start date for the
Consortium is January 1
b The Members also agree that they will remain Members of the Kennewick, Pasco,
Richland Consortium for this entire penod
SECTION 7. ADMINISTRATIVE FEES
Ten (10) percent of the grant or the maximum allowed by the program regulations shall be
retained by the Lead Member Representative Member for the administration and management of
the HOME Program Only costs associated with the management and administration of the
HOME Program may be charged against HOME administrative allocations
City of Pasco
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SECTION 8. AMENDMENT
a Amendment to the Cooperative Agreement for the Tr-City Consortium shall be by
unanimous agreement of the members Members agree to jointly develop with
overall unity amendment language for approval by the respective Member's City
Council
b The Members agree that the Representative Member is authorized to amend this
Agreement on behalf of the Consortium to add new Members to the Consortium
City of Kennewick Date
Date
City of Richland Date