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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 2 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- 3 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 4 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 6 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 7 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 8 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