HomeMy WebLinkAboutCity of Cedar Falls-3/21/2016HOME INVESTMENT PARTNERSHIP PROGRAM
CONSORTIUM COOPI3RATION AGREEMENT
FEDERAL FISCAL YEARS 2017, 2018 AND 2019
(Juty 1, 2017 to June 30, 2020)
THIS CONSORTIUM COOPERATION AGREEMENT is entered into by and between
the City of Cedar Fafls, a Municipal Corporation in Blaek Hawk County, Iowa (sometimes
hereinafier referred to as the 'City') and the City of Waterloo, a Municipal Corporation in Black
Hawk County, Iowa (hereinafter referred to as the "Lead Entity') for the purpose of continuing a
HOME Consortium pursuant to the HOME Investment Partnerships Aet (hereinafter referred to
as the "HOME Program"); Title 11 of the Cranston -Gonzales National Affordable Housing Act,
as amended (42 U.S.C. 12701 el seq.) (hereinafler referred to as the 'Aet").
WHEREAS, Section 216(2) of the Act provides that a consortiurn of geographically
eontiguous units of general local government is considered a unit of general loeal government for
purposes of the Home Investment Partnerships Program if the Secretary of the U.S. Department
of Housing and Urban Developrnent (hereinafier referred to as 'HUD') determines that the
consortium has sufficient authority and administrative capability to earry out the purposes of the
Act on behalf of its memberjurisdictions and will dircet its activities to the alleviation ofhousing
problems within States; and,
WHEREAS, in accordance with Section 217(b)(3) of the Act, HUD will inelude, as
jurisdietions eligible to receive allocations of HOME funds by formula, approved consortia of
units of general local government; and,
WHEREAS, the City of Cedar Falis, Iowa, and the City of Waterloo, Iowa, 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 moderate -income residents.
NOW, THEREFORE, in consideration of these mutual covenants, the City of Cedar
Falis, Iowa, and the City of Waterloo, Iowa do hereby agree as foliows:
SECTION 1. DEFINITIONS -ABBREVIATIONS
1.1 "City" shall mean - the City of Cedar Falis, an Iowa Municipal Corporation.
1.2 "Lead Entity" shall mean - the City of Waterloo, an Iowa Municipal Corporation.
1.3 "HUD" shall mean - the U.S. Department ofHousing and Urban Development.
1.4 "Act' shall mean - the Cranston -Gonzales National Affordable Housing Act, as amended
(42U.S.C. 12701 etseq.).
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1.5 "HOME Program" shall mean - the program conducted under the provision of the
Cranston -Gonzales National Affordable Housing Act, Title 11, 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 geographieally
contiguous units of general local government, which HUD treats as a single unit of loeal
government under the HOME Program, formed for the purpose of furthering the
objectives of the HOME Program. Under this Agreement, the cities of Cedar Falis and
Waterloo 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 "Qualifieation Period" shall mean - the Federal Fiscal Years for which the 1-IOME
Consortium is to qualiQj to receive allocations as a participating jurisdietion in the
HOME Program.
SECTION 2. RESPONSIBILITIES OF THE PARTLES
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 ofthe 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 Submission of Community
Planning and Development Programs ("Consolidated Plan") in accordance with HUD
regulation in 24 CFR Parts 91 and 92.
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.
2.3.2 The 5- Year Consolidated Plan document shall be prepared by Lead Entity in
collaboration with staff from City. If a consulting firm is hired to prepare said document,
Lead Entity and City will come to a mutually acceptable agreement to split the cost of the
consulting firm.
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2.3.3 Lead Entity and City agree that necessary adjustments 10 the Consolidated Plan
development process will be made when necessary as required by the United States
Department of Housing and Urban Developrnent, including, but not Iimited to, any
Consolidated Plan process.
2.3.4 The Lead Entity shall initiate the 5 -Year Consolidated Plan and Annual Action
Plans in IDIS for Lead Entity and City, and submit to HUD on IDIS. Annual reporting
(CAPER) will be completed by each entity separately on IDIS.
2.4 The Lead Entity and/or City if necessary, shall secure from the State of Iowa a written
certification that the Consortium will direct its activities to the alleviation of housing
problems within the State of Iowa.
2.5 The Lead Entity shall submit to I -IUD the required HOME Consortia qualification
documents including required certifications and a fully executed Consortium Cooperation
Agreement.
2.6 The Lead Entity and the City shall act affirmatively to further fair housing by:
2.6.1 Employing affirmative marketing procedures in the advertising and marketing
of Housing Units, and
2.6.2 Conforming to the non-discrimination provisions hereinafter sel forth.
2.7 Lead Entity, after approval by City, is hereby authorized to amend this Consortium
Agreement, on behalf of the Consortium, for the purpose of adding new members to the
Consortium.
2.7.1 Should it become necessary to change the language of this Agreement to meet
HUD approval, without making maj or changes and without altering the intent of the
Agreement, such changes may be made administratively with written consent of the
Consortium staff.
2.7.2 This Agreement may be amended for purposes other than those described in 2.7
and 2.7.1 above by written Agreement ofthe Lead Entity and City.
2.8 Lead Entity and City each shall be solely responsible for such individual financial and/or
legal responsibilities which may arise from participation as a member ofthis Consortium.
2.9 Lead Entity and City each shall be solely responsible for the administration of their
respective HOME Programs including:
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2.9.1 The developrnent of Housing Units within their respective jurisdictions, and the
use of any public or private funds or loans, or other rneans of financial
assistance.
2.9.2 Additionally, any real or personal property acquired pursuant to this Agreement
shall be acquired and maintained in the name of the individual Consortium
member perforrning the acquisition.
2.9.3 Members will abide by their own loeal codes and standards but acknowledge
that in federaily funded projects, they are subject 10 the regulations for
addressing lead -paint hazards.
2.10 Match obligations will be met for City by using carryover match funds reported by Lead
Entity.
2.11 Program Tncome generated by Lead Entity or City with HOME funds will be accounted
for in IDIS reporting and used for eligible activities by each agency separately.
2.12 It is the City's responsibility to assure compliance with all HOME requirements during
project implementation and the affordability period. The Lead Entity has the right to monitor
projects compliance. City will subrnit to Lead Entity the Environmental Review (ER) for each
HOME project, and Lead Entity will approve the ER, before said project begins by City.
2.13 City and Lead Entity will foflow the regulations ofthe FIOME Final Rule of 2013.
SECTION 3. PROVISIONS OF THE AGREEMENT
3.1 Lead Entity and City agree that the Consortium start date shall be July 1, 2017, and that
they, and any new members added to this Consortium, pursuant 10 Section 2.7 above,
shall establish July 1 through June 30 as their respective program year for the foliowing
Federal programs: 1) the Community Development Biock Grant under Title 1 of the
Housing and Community Development Act of 1974, as amended (PL 93-383), 2) the
Home Investment Partnership Program under Title 11 of the Cranston -Gonzalez National
Affordable Housing Act, as amended, (PL 101-625), 3) the Emergency Shelter Grant
Program under Subtitle B of Title TV 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 11 of the Cranston -Gonzalez National Affordable Housing
Act, as Amended, (PL 101-625), as applicable.
3.2 Though this Agreement may be amended, no Consortium member, including any new
member added pursuant to Section 2.7 above, may withdraw from this Agreement while
it rernains in effect. A member desiring to terminate the Agreement and its participation
in the Waterloo HOME Consortium may do sO by giving 110 less than 6 months prior
written notice. The notice must be sent to the Lead Entity at the addresses appearing 011
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the signature page and the notice rnust specify the effective date of the tetmination. The
Agreement will terminate on the effective date specified in the notice.
3.3 For the Lead Entity and City, this Agreement is made and entered into pursuant to:
3.3.1 Iowa Code, Chapter 364 (2015), entitled "Powers and Duties ofCities".
3.4 The parties to 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, affihiations or national origin.
SECTION 4. DISTRLBUTION OF HOME FUNDS
4.1 Lead Entity shall be the recipient of each annual allocation of HOME Funds awarded to
the Consortium by HUD and shall secure sueh funds in a marmer prescribed by HUD.
4.2 For eaeh annual allocation of HOME Funds, funds will be disbursed as foliows:
4.2.1 10% of each annual HOME allocation to Lead Entity for allowable
administrationlplanning costs ofthe HOME Program.
4.2.2 15% of each annual HOME allocation to local Community Housing
Development Organization(s) (CHDO). The Lead Entity will oversee the
CHDO requirements.
4.2.3 The balance of the annual HOME allocation will be allocated 50% to Lead
Entity and 50% to City unless an alternate mutually agreeable allocation
formula is approved by Lead Entity and City. (It is understood that the Lead
Entity will retain its existing HOME Entitlement allocation and the formula
listed in 4.2.3 is only applicable to the increased HOME funding attributable to
the formation ofthis HOME Consortium).
4.2.4 The alloeation formula listed in 4.2.3 will be revised should additional members
be added to the HOME Consortium. The revised allocation formula must be
approved by Lead Entity and City before any additional members may be
added.
4.2.5 City may not expend HOME Funds for any administrative or planning
expenses.
4.2.6 HOME Funds shal! be allocated to City through a subsequent subrecipient
agreement, or agreements, between City and Lead Entity.
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4.3 Some members existing programs may need to be modified if carried out with HOME
funds, but the Consortium Activities do not irnpact CDBG-funded programs.
SECTION 5. TERM OF THE AGREEMENT/QUALIFICATION PERIOD
5.1 This Agreement shall be in full force and effect for a period of three years beginning on
July 1, 2017, and ending June 30, 2020, said period comprising the Qualification Period,
or until such time the HOME Funds are closed out as specified in Section 5.3, below.
By the date specified in HUD's consortia designation notices, the consortium lead entity
will notify each participating unit of general local government in writing of its right not
to participate for the successive three-year qualification periods.
The consortium will adopt any amendment to the agreement incorporating changes
necessary to meet the requirements for cooperation agreements set forth in a Consortia
Qualification Notice applicable for a subsequent three-year consortia qualification period,
and to submit the aniendment to HUD as specified in the Consortia Qualification Notice
for that period, and that failure to comply will void the autornatic renewal ofthe consortia
agreement.
5.2 The Federal fiscal years of this Agreement shall include federal fiscal years 2017, 2018,
and 2019.
5.3 Notwithstanding the above, this Agreement shall remain in effect until the HOME Funds
from eaeh of the Federal Fiseal Years of the Qualification Period are closed out pursuant
to 24 CFR 92.507.
SECTION 6. AUTHORIZED REPRESENTATIVES
In further consideration of the rnutual covenants herein contained, the parties hereto
expressly agree that for purposes ofnotice, inc!uding legal service ofprocess, during the term of
this Agreement, and for the period of any applicable statute or limitations thereafter, the
foliowing named individuals or their successors shall be authorized representatives of the parties:
(1) Quentin Hart, Mayor
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
(2) James P. Brown, Mayor
City of Cedar Fatis
220 Clay Street
Cedar Falis, Iowa 50613
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With copies to:
(3) Rudy D. Jones
Community Development Director
620 Mulberry Street
Waterloo, Iowa 50703
and
(4) Bob Seymour
Interim Planning and Community Services Manager
220 Clay Street
Cedar Falls, Iowa 50613
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
indicated below.
ATTEST:
Cr Cler t
City of W terloo, Iowa
3 -zl -I L
Date
ATTEST:
FF,Gedar�Falls, Iowa
"
J t'20/G
Date
Attachment: Attorney's opinion
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CITY OF WATERLOO:
Quentin Hart, Mayor
City of Waterloo, Iowa
Date
CITY OF CEDAR FALLS
James P. Brown, Mayor
City of Cedar Falls, Iowa
Date
CITY OF WATERLOO, IOWA
CITY ATTORNEY'S OFFICE
715 Mulberry Street Waterloo, IA 50703 (319) 291-4327 Fax (319) 291-4286
February 9, 2016
Mr. Rudy D. Jones
Cornmunity Developrnent Director
620 Mulberry Street
Waterloo, Iowa 50703
Re: 1-lome Consortium Agreement
Three Year Renewal: July 1,2017 - June 30, 2020
Dear Rudy:
1 have reviewed your letter and the Home Consortium Agreement provided to me
and everything loolcs just fine, It meets with applicable law and the terrns and
provisions of the agreement are fully authorized under State and local laws. This
further provides legal authority for the Consortium to undertake housing
assistance activities for the HOME Program.
You may go ahead with the exeeution of this document and obtain Council
approval at your convenience.
Should you have any questions, please advise.
Sincerely,
VID R. ZELLHOEFER
Waterloo City Attorney
DRZ : sda
CITY WEBSITE: www.cityofwaterlooiowa.com
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