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HomeMy WebLinkAboutCity of Cedar Falls-Consortium Cooperation Agreement-08.27.2007 g-a7-o7 -o , a067- 7 HOME INVESTMENT PARTNERSHIP PROGRAM CONSORTIUM COOPERATION AGREEMENT THIS CONSORTIUM COOPERATION AGREEMENT is entered into by and between the City of Cedar Falls,a Municipal Corporation in Black Hawk County,Iowa(sometimes hereinafter 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 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 Cedar Falls, 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 Falls, Iowa, and the City of Waterloo, Iowa, do hereby agree as follows: SECTION 1. DEFINITIONS-ABBREVIATIONS 1.1 "City" shall mean-the City of Cedar Falls, 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 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 ti 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 Cedar Falls 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 "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. 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 Submission of Co unity Planning and Development Programs("Consolidated Plan")in accordance with ation in 24 CFR Parts 92 and 91, respectively, and the requirement of 24 CFR Part 92.31 )(a)(5). 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 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 2.5 The Lead Entity shall submit to HUD 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: 2.7.1 Employing affirmative marketing procedures in the advertising and marketing of Housing Units, and 2.7.2 Conforming to the non-discrimination provisions hereinafter set 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. 2.8 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 of this Consortium. 2.9 Lead Entity and City each shall be solely responsible for the administration of their respective HOME Programs including: 2.9.1 The development of Housing Units within their respective jurisdictions, and 2.9.2 The use of any public or private funds or loans, or other means of financial assistance. 2.9.3 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. SECTION 3. PROVISIONS OF THE AGREEMENT 3.1 Lead Entity and City agree that the Consortium start date shall be July 1,2008,and that they, and any new members added to this Consortium, pursuant to Section 2.7 above, shall establish July 1 through June 30 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 Partnership 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 3.2 No Consortium member, including any new member added pursuant to Section 2.7 above, may withdraw from this Agreement while it remains in effect. 3.3 For the Lead Entity and City, this Agreement is made and entered into pursuant to: 3.3.1 Iowa Code, Chapter 364(2001),entitled"Joint Exercise of Governmental Powers". 3.3.2 This Agreement shall be filed with the Iowa Secretary of State and the Black Hawk County Recorder in accordance with Iowa Code Section 28E.8 (2001). Further, this Agreement shall not take effect until it has been approved as to form and legal compatibility by the Iowa Attorney General in accordance with Iowa Code Section 28E.9 (2001). 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, affiliations or national origin. SECTION 4. DISTRIBUTION 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 such funds in a manner prescribed by HUD. 4.2 For each annual allocation of HOME Funds, funds will be disbursed as follows: 4.2.1 10% of each annual HOME allocation to Lead Entity for allowable administration/planning costs of the HOME Program. 4.2.2 15%of each annual HOME allocation to local Community Housing Development Organization(s). 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 of this HOME Consortium). 4.2.4 The allocation 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 4 4.2.6 HOME Funds shall be allocated to City through a subsequent subrecipient agreement, or agreements, between City and Lead Entity. 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 1,2008,and ending June 30,2011,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 amendment to HUD as specified in the Consortia Qualification Notice for that period, and that failure to comply will void the automatic renewal of the consortia agreement. 5.2 The Federal fiscal years of this Agreement shall include Fiscal Years 2008,2009,and 2010. 5.3 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. SECTION 6. AUTHORIZED REPRESENTATIVES In further consideration of the mutual covenants herein contained,the parties hereto expressly agree that for 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 or their successors shall be authorized representatives of the parties: (1) Timothy J. Hurley Mayor City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (2) Jon Crews Mayor City of Cedar Falls 220 Clay Street Cedar Falls, Iowa 50613 5 A h! With copies to: (3) Rudy D. Jones Community Development Director 620 Mulberry Street Waterloo, Iowa 50703 and Bob Seymour Community Services Manager 217 Washington Street Cedar Falls, Iowa 50613 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated below. ATTEST: CITY OF WATERLOO: City Clerk the City of Waterloo Timothy J. y Mayor of the City of Waterloo 8-a7-ate �- a7-o� Date Date ATTEST: CITY OF CEDAR FALLS -f . Of- City Clerk of the ity of Cedar Falls Jo ,r rews i or of the City of Cedar Falls 91 .1E3101 8iab1U Date Date 6 --.