Loading...
RES 2001-1874 - Agmt with Council Bluffs for expanding housing for low-income residents 1-'1°-1VY x A � Planning Depart entRECAfree; , the Omaha/Douglas Civic Center C. rp .11v 01 JUL 19 p ��, 1819 Farnam Street,Suite 11.00 Weirdtv. :� Omaha Nebraska 68183-0601 55 ft 1 � '•« ��►�' ;� � (402)444-5150 �r0oti CITY CLERK Telefax(402)444-6140 Cr�� �rrebFE&O' CMAHA, NE3( ASr(^ Robert C.Peters City of Omaha July 24, 2001 Acting Planning Director Mike Fahey,Mayor Honorable President and Members of the City Council, The attached Resolution authorized the City to enter into a Home Investment Partnerships Program (HO`tvi.E Program) Consortium Cooperation Agreement with the City of Council Bluffs, Iowa. The purpose of undertaking such collaborative effort is to bring to the metropolitan Omaha NE/IA region additional HOME Funds from HUD to be used to help alleviate housing problems in our community. Title II of the Cranston-Gonzales National Affordable Housing Act (under which the HOME program was created) provides that two or more geographically contiguous units of general local government may form a consortium for the purposes of receiving a HOME allocation from HUD and administering the HOME Program as a single grantee. Under this Cooperation Agreement, the City of Omaha would become the "Lead Entity" for the Omaha/Council Bluffs Consortium. As Lead Entity, the City would receive increased allocations of HOME Funds beginning in Fiscal Year 2002 and would extend until Fiscal Year 2012. The Cooperation Agreement provides for the transfer of a portion of the new HOME Entitlement to the City of Council Bluffs based on the proportion of the HOME Funds attributable to Council Bluff's participation in the Consortium, less ten percent to be used by the City of Omaha for administrative purposes. The new HOME Entitlement amount has not been established by HUD. Therefore, we are not able to provide the actual dollar amounts that the City will receive for 2002, or the amount to be passed on to the City of Council Bluffs. E.nterin4 into this collaborati\e effort will benefit the communities of Omaha altd Counl:ri. Bluffs by 1) bringing additional Entitlement Funds to the Omaha area, 2) expanding the supply of decent, safe, and affordable housing for low- and very low-income residents of both communities, 3) extending arid strengthening the inter-local partnership between Omaha and Council Bluffs, and 4) enhancing the ability of the two communities to conduct joint planning and administration of programs that address area-wide housing needs. Honorable President and Members of the City Council Page -2- The communities of Omaha and Council Bluffs executed a successful three-year consortium program from 1998-2001. We feel entering into the Cooperation Agreement with Council Bluffs will better serve the citizens of both communities. We urge your favorable consideration. Sincerely, Referred to City Council for Consideration: 4 7 • v - l' .. -/7 Robert C. Peters Date Mayor's Office itle Date Planning Director Approved: 7118/0t Stanley P. T �, Date Finance Director P:\PLN 1\2103sap.doc • • HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM COOPERATION AGREEMENT THIS CONSORTIUM COOPERATION AGREEMENT is entered into by and between the City of Council Bluffs, a Municipal Corporation in Pottawattamie County, Iowa (sometimes hereinafter referred to as the "City") and the City of Omaha, a Municipal Corporation in Douglas County, Nebraska (sometimes hereinafter referred to as the "Lead Entity") for the purpose of establishing a HOME Consortium pursuant to the HOME Investment Partnerships Act (hereinafter referred to as the "HOME Program"); Title II of the Cranston-Gonzales National Affordable Housing Act, as amended (42 U.S.C. 12701 et seq.) (hereinafter referred to as the "Act"). WHEREAS, Section 216(2) of the Act provides that a consortium of geographically contiguous units of general local government is considered a unit of general local government for purposes of the Home Investment Partnerships Program if the Secretary of the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") determines that the consortium has sufficient authority and administrative capability to carry out the purposes of the Act on behalf of its member jurisdictions and will direct its activities to the alleviation of housing problems within States; and, WHEREAS, in accordance with Section 217(b)(3) of the Act, HUD will include, as jurisdictions eligible to receive allocations of HOME funds by formula, approved consortia of units of general local government; and, WHEREAS, the City of Council Bluffs, Iowa, and the City of Omaha, Nebraska, desire to enter into a HOME Program Consortium Agreement for the purpose of expanding the supply of decent, safe sanitary and affordable housing for low- and very low-income residents; and, WHEREAS, the City of Omaha has a Consolidated Submission for Community Development Programs for 1998-2002 (Consolidated Plan) that has been approved by HUD; and, WHEREAS, the City of Omaha's Consolidated Submission for Community Development programs for 2003-2007 shall include the continuation of the City of Council Bluffs/Omaha Consortium in efforts to pursue additional affordable housing opportunities. NOW THEREFORE, in consideration of these mutual covenants, the City of Council Bluffs, Iowa, and the City of Omaha,Nebraska, do hereby agree as follows: SECTION 1. DEFINITIONS—ABBREVIATIONS 1.1 "City" shall mean—the City of Council Bluffs, an Iowa Municipal Corporation. 1.2 "Lead Entity" shall mean—the City of Omaha, a Nebraska Municipal Corporation. ,y -I 1.3 "HUD" shall mean—the U.S. Department of Housing and Urban Development. 1.4 "Act" shall mean—the Cranston-Gonzales National Affordable Housing Act, as amended (42 U.S.C. 12701 et seq.). 1.5 "HOME Program" shall mean — the program conducted under the provision of the Cranston-Gonzales National Affordable Housing Act, Title II Subtitle A — HOME Investment Partnerships Program (P.L.101-625) and the Code of Federal Regulations (24 CFR part 92). 1.6 "HOME Funds" shall mean— HOME Program Entitlement Grant Funds awarded by the Secretary of HUD to the Consortium in accordance with the allocation formula prescribed by HUD. 1.7 "Consortium" or "HOME Consortium" shall mean — a consortium of geographically contiguous units of general local government, which HUD treats as a single unit of local government under the HOME Program, formed for the purpose of furthering the objectives of the HOME Program. Under this Agreement, the cities of Council Bluffs and Omaha comprise the HOME Consortium. 1.8 "Housing Unit or Units" shall mean — decent, safe, sanitary and affordable housing developed or assisted with HOME Funds pursuant to this Agreement. 1.9 "Qualification Period" shall mean — the Federal Fiscal Years for which the HOME Consortium is to qualify to receive allocations as a participating jurisdiction in the HOME Program. 1.10 "Consolidated Plan or Plans" shall mean—the Consolidated Submissions for Community Planning and Development Programs that are submitted to HUD for approval. SECTION 2-RESPONSIBILITIES OF THE PARTIES 2.1 Pursuant to this Agreement, the City and the Lead Entity agree to cooperate to undertake or to assist in undertaking housing assistance activities for the.HOME Program. 2.2 The Lead Entity shall act in a representative capacity for all member units of general local government, or the Consortium members, for the purposes of the HOME Program. 2.3 The Lead Entity shall assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of the HOME Program, including requirements concerning a Consolidated Plan in accordance with HUD regulation in 24 CFR Parts 92 and 91, respectively, and the requirement of 24 CFR part 92.350(a)(5). -2-. , 2.3.1 This Agreement does not contain a provision for veto or other restriction that would allow any member unit of local government to obstruct the implementation of the Consortium's approved Consolidated Plan. 2.4 The Lead Entity shall secure from the State of Nebraska a written certification that the Consortium will direct its activities to the alleviation of housing problems within the State of Nebraska. 2.5 The City shall secure from the State of Iowa and submit to the Lead Entity a written certification that the Consortium will direct its activities to the alleviation of housing problems within the State of Iowa. 2.6 The Lead Entity shall submit to HUD the required HOME Consortia qualification documents including required certifications and a fully executed Consortium Cooperation Agreement. 2.7 The Lead Entity and the City shall act affirmatively to further fair housing by: 2.7.1 Employing affirmative marketing procedures in the advertising and marketing of Housing Units; and, 2.7.2 Provide fair housing enforcement, education and other services that conform to the non-discrimination provisions hereinafter set forth in Section 3.5. 2.8 The Lead Entity is hereby authorized to amend this Consortium Agreement, on behalf of the Consortium, for the purpose of adding new members to the Consortium. 2.9 The Lead Entity and the City each shall be solely responsible for such individual financial and/or legal responsibilities, which may arise from participation as a member of this Consortium. Upon withdrawal from membership in the Consortium, or upon termination of this Agreement, each Consortium member shall first enter into a written agreement with all other Consortium members setting forth the individual financial and/or legal responsibilities of the members. 2.10 The Lead Entity and the City each shall be solely responsible for the administration of their respective HOME Programs including: 2.10.1 The development of Housing Units within their respective jurisdictions; and, 2.10.2 The use of any public or private funds or loans, or other means of financial assistance. 2.10.3 Additionally, any real or personal property acquired pursuant to this Agreement shall be acquired and maintained in the name of the individual Consortium member performing the acquisition. 0-3- SECTION 3. PROVISIONS OF THE AGREEMENT 3.1 The Lead Entity and the City agree that the Consortium shall be effective October 1, 2001, and that they, and any new members added to this Consortium pursuant to Section 2.8 above, shall establish January 1 through December 31 as their respective program year for the following Federal programs: 1) the Community Development Block Grant under Title I of the Housing and Community Development Act of 1974, as amended (PL 93-383), 2) the Home Investment Partnerships Program under Title II of the Cranston- Gonzalez National Affordable Housing Act, as amended, (PL 101-625), 3) the Emergency Shelter Grant Program under Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act of 1988, as amended (PL 100-628), and 4) the Housing Opportunities for Persons With Aids Program under Title II of the Cranston- Gonzalez National Affordable Housing Act, as Amended, (PL 101-625), as applicable. 3.1.1 The program year specified in Section 3.1, above, may be revised by the City upon receipt of written authorization from HUD. The City shall notify the Lead Entity of any such revision in the program year. 3.2 No Consortium member, including any new member added pursuant to Section 2.8, above, may withdraw from this Agreement while it remains in effect. 3.3 For the City, this Agreement is made and entered into pursuant to: 3.3.1 Chapter 28E, Code of Iowa, entitled"Joint Exercise of Governmental Powers". 3.3.2 This Agreement shall be filed with the Iowa Secretary of State and the Pottawattamie County Recorder in accordance with Section 28E.9, Code of Iowa. Further, this Agreement shall not take effect until it has been approved to form and legal compatibility by the Iowa Attorney General in accordance with Section 28E.9, Code of Iowa. 3.4 For the Lead Entity,this Agreement is made and entered into pursuant to: 3.4.1 Revised Statutes of Nebraska, Chapter 13, Article 8, entitled "Interlocal Cooperation Act". 3.4.2 This Agreement shall not take effect until filed with and approved by the Nebraska Department of Economic Development. 3.5 The parties of this Agreement shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of Federal or other laws or local ordinances because of race, color, handicap, familial status, sex, age, political or religious opinions, affiliations or national origin. -4- SECTION 4. DISTRIBUTION OF HOME FUNDS 4.1 The Lead Entity shall be the recipient of each annual allocation of HOME Funds awarded to the Consortium by HUD and shall secure such funds in a manner prescribed by HUD. 4.2 For each annual allocation of HOME Funds, the Lead Entity shall retain a portion for its own use and shall allocate the remaining balance to the City based on the following criteria: 4.2.1 The amount of HOME Funds to be retained by the Lead Entity shall equal the sum of 1) that portion of the HOME Funds attributable to the Lead Entity's participation in the Consortium, based on HUD's allocation formula described in 24 CFR 92.50, and 2) ten percent (10%) of that portion of the HOME Funds attributable to the City's participation- in the Consortium, based on HUD's allocation formula described in 24 CFR 92.50. 4.2.2 The Lead Entity may expend HOME Funds for reasonable administrative and planning costs of the HOME Program. 4.2.3 The amount of HOME Funds to be allocated to the City shall equal that portion of the HOME Funds attributable to the City's participation in the Consortium, based on HUD's allocation formula described in 24 CFR 92.50, ,less the ten percent (10%) to be retained by the Lead Entity pursuant to Section 4.2.1, above. 4.2.4 The City shall not expend HOME Funds for administrative or planning expenses. 4.2.5 Upon the allocation of the HOME Funds to the Lead Entity by HUD, the City and the Lead Entity shall enter into a subsequent subrecipient agreement, or agreements, governing the amount of HOME Funds to be allocated to the City, the term of such subrecipient agreement, and all other provisions concerning the use of the HOME Funds by the City. SECTION 5. TERM OF THE AGREEMENT/QUALIFICATION PERIOD 5.1 This Agreement shall be in full force and effect beginning on October 1, 2001 and ending September 30, 2004, said period comprising the Initial Qualification Period. The Lead Entity and the City desire that the Qualification Period be automatically renewed for participation in successive three-year Qualification periods with termination of the Agreement on September 30, 2012 or until such time that the HOME Funds are closed out as specified in Section 5.4 below. 5.2 The Consortium shall adopt future amendments to this Agreement to incorporate changes necessary to meet requirements for .cooperation agreements set forth in Consortium Qualification Notices applicable for a subsequent three-year Consortium Qualification Period. In the event an amendment would be executed, Lead Entity would submit the amendment to HUD as specified in the Consortium Qualification Notice for that period. -5- . , • 5.3 The Federal Fiscal Years of this Agreement shall include-Fiscal Years 2002 through and including 2012. 5.4 Notwithstanding the above, this Agreement shall remain in effect until the HOME Funds from each of the Federal Fiscal Years of the Qualification Period are closed out pursuant to 24 CFR 92.507. 5.5 The Consolidated Plans for the Lead Entity shall include the City and Consortium activities during the Qualification Period. 5.6 The Lead Entity shall notify the City in writing of its right not to participate in the Consortium for the upcoming three-year term qualification period by the date specified in HUD's consortia designation notices. In addition, a copy of the notification shall be sent to HUD by the date specified in the consortia designation notice. SECTION 6. AUTHORIZED REPRESENTATIVES. In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for the purposes of notice, including legal service of process, during the term of this Agreement, and for the period of any applicable statute or limitations thereafter, the following named individuals shall be the authorized representative of the parties: 1) Robert C. Peters City of Omaha Planning Director Omaha/Douglas Civic Center 1819 Farnam Street, Room 1111 Omaha, NE 68183-0110 2) Donald D. Gross City of Council Bluffs Director, Community Development Department 209 Pearl Street Council Bluffs, IA 51503-4270 -6- a t IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below. ATTEST CITY OF OMAHA: \- L CT : O'ERK OF THE CITY OF OMAHA MIKE FAHEY `` MAYOR OF THE CITY OF OMAHA ,2i c�2�/ ,„. ��� DATE DAT / APPROVED AS TO FO 7-17- Of azicr/o ASSISTANT CITY ATTORNEY/DATE ( 0-7- ATTEST: CITY OF COUNCIL BLUFFS" CITY C RK OF THE C Y OF THOMAS P. H• A"•V P COUNCIL BLUFFS MAYOR OF THE CIT O" COUNCIL BLUFFS 7- QV- o/ 7- a y-0/ DATE DATE P:\PLN1\2105sap.doc -8- A C-5A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr July 24, 2001 RESOLVED BY THE CITY COUNCIL OF THE CITY.OF OMAHA: WHEREAS, the HOME Program is authorized by the HOME Investment Partnerships Act, which is Title II of the Cranston-Gonzales National Affordable Housing Act, as amended (42 U.S. C. 12701 et seq.) (hereinafter referred to as the"Act"); and, WHEREAS, Section 216(2) of the Act provides that a consortium of geographically contiguous units of general local government is considered a unit of general local government for purposes of the HOME Investment Partnerships Program if the Secretary of the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") determines that the consortium has sufficient authority and administrative capability to carry out the purposes of the Act on behalf of its member jurisdictions and will direct its activities to the alleviation of housing problems within States: and, WHEREAS, in accordance with Section 217 (b)(3) of the Act, HUD will include, as jurisdictions eligible to receive allocations of HOME funds by formula, approved consortia of units of general local government; and, WHEREAS, the City of Council Bluffs, Iowa, and the City of Omaha, Nebraska, desire to enter into a HOME Program Consortium Agreement for the purpose of expanding the supply of decent, safe, sanitary and affordable housing for low- and very low-income residents; and, WHEREAS, the formation of a HOME Program consortium between the City of Council Bluffs, Iowa, and the City of Omaha, Nebraska, is in the best interest of the citizens of the City of Omaha. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the attached Consortium Cooperation Agreement, as recommended by the Mayor, between the City of Council Bluffs, Iowa, and the City of Omaha, Nebraska, for the purpose of expanding the supply of decent, safe, sanitary and affordable housing for low- and very low-income residents is hereby approved. P:\PLN1\2104sap.doc APPROVED AS TO FO . 7-/7-O/ inta► CITY ATTORNEY DATE By uncilmember Adopted 200 1 -D ,‘01:7 City Clerk Approved 9 k c4 - ,~ 7 o i May r 1 , - c 0 - cr 0 u) • ., c.) ti ,..t ••-t-) ,0 • co Z (I) 5* ',.Z p,., 'ci)) 0 • (/) ,--, = v) - --, Cfq ,•- )-t 0 r.; cn 0 t...-P 1,?_,.) ,•••F a ... . ,_,. h P i--1 - ,-•• 0 — o w .h ca, 0 " O so.) ..,,,0 -1. ,..,_, 0 0 0-4-) - ,-,- -,= r) cr z CA( . qrs ci ,t 0 0 )-t ia, 0 CD " 11) Cr > CD GM ,,- Cr 0 .7' 0- •-• o•-e c-C 0 Au c.— co 0 = P4 \-0%) 0 '17i i-f, (1) co 0 IN\ e•-,„„„ o., Pld 14=.- C cl., :ID 0 (I) •-, ' a ••% 1 n r....) ,... ..-• • co CD p 0 cn •-• e" •C ''' 0 ,C). r.) ,..t 0 co ,•-•. , 6 or= 0 0 t-C 0 ...lb 0.0 4 t (0) _ ,,_- i .-1, 01.• 0 , c4 •-• 0 .• k i , _ n 0 fa.Crq P fa:- 0 PO A) I-`• 1 .."---- ---- .s. (--: 10 t 1 , t 1 It 1 - , 4 4, , — - • „ •, - -