RES 2001-1874 - Agmt with Council Bluffs for expanding housing for low-income residents 1-'1°-1VY
x A � Planning Depart
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Weirdtv. :� Omaha Nebraska 68183-0601
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CLERK
Telefax(402)444-6140
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�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
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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).
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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.
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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.
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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
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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
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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
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