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HomeMy WebLinkAboutItem 26 HOME Consortium IGA Resolution AGENDA ITEM SUMMARY Meeting Date: 6/19/2017 Meeting Type: Regular Meeting Staff Contact/Dept.: Erin Fifield / DPW Staff Phone No: 541-726-2302 Estimated Time: 10 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Promote and Enhance our Hometown Feel while Focusing on Livability and Environmental Quality ITEM TITLE: HOME CONSORTIUM IGA RESOLUTION ACTION REQUESTED: Adopt/not adopt the following resolution: A RESOLUTION OF THE CITY OF SPRINGFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2018-2021 EUGENE-SPRINGFIELD HOME CONSORTIUM INTERGOVERNMENTAL AGREEMENT. ISSUE STATEMENT: In order to renew the HOME Consortium, the US Department of Housing and Urban Development (HUD) requires that Springfield and Eugene submit a HOME Consortium Intergovernmental Agreement (IGA), and attach a resolution as proof the City Manager has signing authority. ATTACHMENTS: ATT1: Council Briefing Memorandum ATT2: Resolution Providing Authority to Sign HOME IGA DISCUSSION/ FINANCIAL IMPACT: The HOME Consortium is required to inform HUD - with a renewed Agreement a year in advance - whether we will renew the HOME Consortium. One of HUD’s requirements for a Consortia Agreement is an attachment of an authorizing resolution by the governing body of each jurisdiction indicating that the Chief Executive Officer or other designated official has the authority to sign the agreement. This Resolution is included as Attachment 2, indicating that the City Manager has the authority to sign the negotiated IGA. Because the Consortium Agreement and authorizing resolution need to be submitted to HUD by June 30, 2017, we are asking Council to approve the Resolution to acknowledge that the City Manager has the authority to sign the IGA as we continue to negotiate with Eugene staff on the details of the Agreement. Staff anticipates the draft IGA attached to the Resolution in Attachment 2 is close to what will be presented to the City Manager for signature. It is staff’s recommendation to remain in the HOME Consortium in order to access federal funds to develop affordable housing. M E M O R A N D U M City of Springfield Date: 6/19/2017 To: Gino Grimaldi COUNCIL From: Anette Spickard Tom Boyatt Sandy Belson Erin Fifield BRIEFING Subject: HOME CONSORTIUM IGA RESOULTION MEMORANDUM ISSUE: In order to renew the HOME Consortium, the US Department of Housing and Urban Development (HUD) requires that Springfield and Eugene submit a HOME Consortium Intergovernmental Agreement (IGA), and attach a resolution as proof the City Manager has signing authority. COUNCIL GOALS/ MANDATE: Promote and Enhance our Hometown Feel While Focusing on Livability and Environmental Quality BACKGROUND: Springfield is not of sufficient size to receive HOME funds directly from HUD and for many years has joined with Eugene in a HOME Consortium. In 2015, based on HUD’s requirements and Council’s direction, Eugene and Springfield staff developed a new structure for the Consortium with Eugene as the Lead Entity. In this model, the HOME program is staffed and managed by Eugene and overseen by a governing body that has equal representation from both cities: both Mayors and a City Councilor from each city. The HOME governing body oversees the allocation of HOME funds to specific projects based on qualified applications submitted, reviewed, and recommended by an Evaluation Committee. The current 2015-2018 Eugene-Springfield HOME Consortium Intergovernmental Agreement (IGA) outlines the roles and responsibilities of each jurisdiction, use of funds for projects and grant administration, and HUD requirements for a Consortium under our new Lead Entity model. We are nearly two (2) years into the three year (3) agreement, and are still adjusting to the new model. 2018-2021 HOME CONSORTIUM INTERGOVERNMENTAL AGREEMENT (IGA): The current HOME Consortium Agreement is effective through June 30, 2018. In order to renew that agreement for the following three year period (July 1, 2018 – June 30, 2021) and remain a HOME Consortium, HUD requires that Eugene and Springfield inform them of our intent almost a year in advance with a renewed and signed IGA. Eugene and Springfield staff are currently negotiating the 2018-2021 HOME Consortium IGA in time for HUD’s June 30, 2017 deadline, but currently do not have a finalized agreement. While much of the proposed 2018-2021 IGA is similar to the current IGA, Eugene staff has proposed changes to how the two jurisdictions allocate program administration funds given the current and anticipated workload to manage the HOME Consortium. Eugene staff have stated Attachement 1, Page 1 of 2 their role as Lead Entity has created a lot more work than anticipated, and that the current IGA does not cover their administrative costs to manage the program. Springfield staff are interested in finding a fair means of dividing the limited resources while also covering Springfield’s cost in supporting the Consortium. Other proposed changes to the IGA include a provision to develop separate Memorandums of Understanding (MOUs) to delineate roles and responsibilities between the two cities for the development of the 2020-2025 Eugene-Springfield Consolidated Plan, as well as the new HUD planning process requirement for the Consortium to conduct an Assessment of Fair Housing. Despite limited funds for administration, and onerous HUD requirements, it is staff’s recommendation to remain in the HOME Consortium in order to access federal funds to develop affordable housing. Resolution One of HUD’s requirements for a Consortia Agreement is an attachment of an authorizing resolution by the governing body of each jurisdiction indicating that the Chief Executive Officer or other designated official has the authority to sign the agreement. This Resolution is included as Attachment 2, indicating that the City Manager has the authority to sign the negotiated IGA. Because the Consortium Agreement and authorizing resolution need to be submitted to HUD by June 30, 2017, we are asking Council to approve the Resolution to acknowledge that the City Manager has the authority to sign the IGA as we continue to negotiate with Eugene staff on the details of the Agreement. Staff anticipate that the draft IGA attached to the Resolution in Attachment 2 is close to what will be presented to the City Manager for signature. RECOMMENDED ACTION: Adopt/not adopt the following resolution: A RESOLUTION OF THE CITY OF SPRINGFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2018-2021 EUGENE-SPRINGFIELD HOME CONSORTIUM INTERGOVERNMENTAL AGREEMENT. Attachement 1, Page 2 of 2 CITY OF SPRINGFIELD, OREGON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF SPRINGFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2018-2021 EUGENE-SPRINGFIELD HOME CONSORTIUM INTERGOVERNMENTAL AGREEMENT WHEREAS, the federal HOME Investment Partnerships Program (HOME) is administered by the U.S. Department of Housing and Urban Development (HUD) and its purpose is to create affordable housing for low-income households; WHEREAS, Eugene and Springfield have formed the Eugene-Springfield HOME Consortium (Consortium) for the purpose of receiving HOME funds; WHEREAS, Springfield is a member of the Consortium and Eugene serves as the lead entity; WHEREAS, the Consortium is governed by a Governing Board that is made up of elected officials from both Springfield and Eugene; WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any functions or activities that a party to the agreement, its officers or agencies, have authority to perform; WHEREAS, Springfield and Eugene have drafted an Intergovernmental Agreement (IGA) that sets out the mutual promises and responsibilities for each City in connection with their membership in the Consortium; and WHEREAS, HUD requires that the Springfield adopt a resolution authorizing the City Manager to sign the IGA as the official representative of the Consortium, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1. The City of Springfield authorizes the City Manager to execute the Eugene- Springfield HOME Consortium IGA attached hereto as Exhibit A in substantially its current form, effective July 1, 2018 through June 30, 2021. Section 2. This Resolution will take effect upon its adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this _____ day of ______________, 2017, with a vote of ________ for and ________ against. ________________________________ Christine L. Lundberg, Mayor ATTEST: ________________________________ Amy Sowa, City Recorder Attachment 2, Page 1 of 13 INTERGOVERNMENTAL AGREEMENT FOR THE EUGENE-SPRINGFIELD HOME CONSORTIUM BETWEEN: City of Eugene, a unit of local government of the State of Oregon (EUGENE) AND: City of Springfield, a unit of local government of the State of Oregon (SPRINGFIELD) EFFECTIVE DATE: July 1, 2018 – June 30, 2021 RECITALS THIS Agreement is made and entered into by the CITY OF EUGENE and the CITY OF SPRINGFIELD, municipal corporations of the State of Oregon, hereinafter referred to as EUGENE and SPRINGFIELD, respectively. A. ORS 190.010 provides that units of local government may enter into agreements for the performance of any and or all functions and activities that a party to the agreement, its officers or agencies, have authority to perform. B. EUGENE, and SPRINGFIELD have formed the EUGENE-SPRINGFIELD HOME CONSORTIUM, hereinafter referred to as CONSORTIUM, for the purposes of receiving funds through the federal HOME Investment Partnership Program, hereinafter referred to as HOME, from the U.S. Department of Housing and Urban Development, hereinafter referred to as HUD. C. EUGENE and SPRINGFIELD are units of local government with boundaries that are geographically contiguous. D. For the CONSORTIUM, EUGENE and SPRINGFIELD have developed and adopted, and HUD has approved, the EUGENE-SPRINGFIELD CONSOLIDATED PLAN for the time period of July 1, 2015 through June 30, 2020. The CONSOLIDATED PLAN guides the use of HOME and CDBG funds. Each year the Consortium adopts a ONE YEAR ACTION PLAN that describes the specific planned uses of the funds. E. EUGENE and SPRINGFIELD moved to a new Governance model on July 1, 2015 replacing the model previous agreement where SPRINGFIELD was a subrecipient. Under the new model, EUGENE is the LEAD ENTITY of the CONSORTIUM, and SPRINGFIELD is a CONSORTIUM MEMBER. F. EUGENE and SPRINGFIELD will replace the existing HOME Consortium Intergovernmental Agreement (IGA) for the period of July 1, 2015 to June 30, 2018 with this agreement to establish roles, responsibilities, and procedures for use of HOME funds by the Eugene- Springfield HOME CONSORTIUM for the period and use of HOME funds starting on or after July 1, 2018. Attachment 2, Page 2 of 13 G. The new model includes the formation of the HOME CONSORTIUM GOVERNING BOARD whose role is to implement the strategic plan and goals set out in the EUGENE- SPRINGFIELD CONSOLIDATED PLAN and ONE YEAR ACTION PLANs. AGREEMENT NOW, THEREFORE, based upon the forgoing recitals, which are fully incorporated herein, and in consideration of the mutual promises and covenants contained herein and other valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Eugene-Springfield HOME Consortium. EUGENE and SPRINGFIELD hereby form the EUGENE-SPRINGFIELD HOME CONSORTIUM for the purposes of participating in the HOME Investment Partnership Program (HOME) and agree to cooperate in undertaking housing assistance activities to alleviate housing problems in the metropolitan area. 2. Qualification Period and Duration of Agreement. The qualification period shall cover funding for HOME funds received by the CONSORTIUM for HOME program years starting July 1 of 2018, 2019, and 2020. Pursuant to 24 CFR 92.507, no CONSORTIUM member may withdraw from the agreement while the agreement is in effect. The agreement remains in effect until the completion of activities to be funded during HOME program years, 2018, 2019, and 2020. Completion of activities means all funds for HOME program years 2018, 2019, and 2020 have been expended and the activities receiving funds have been completed in the HUD Integrated Disbursement and Management System (IDIS). 3. Program Year. The HOME program year start date is July 1 and the end date is June 30 of the following calendar year. 4. Consolidated Plan and Assessment of Fair Housing. EUGENE and SPRINGFIELD agree to jointly submit a single Consolidated Plan every five years and an Action Plan each year in accordance with HUD requirements and deadlines. EUGENE and SPRINGFIELD agree to conduct an Assessment of Fair Housing in accordance with HUD requirements and deadlines. Both jurisdictions agree to affirmatively further fair housing in accordance with HUD requirements. EUGENE and SPRINGFIELD shall develop separate Memorandums of Understandings to delineate an equitable set of roles and responsibilities for completing the Consolidated Plan and Assessment of Fair Housing. 5. Allocation of Responsibility. EUGENE is designated as the LEAD ENTITY to act in the representative capacity for the two jurisdictions for the purposes of the HOME Program. SPRINGFIELD is a CONSORTIUM MEMBER. 6. EUGENE as Lead Entity. As the LEAD ENTITY for the CONSORTIUM, EUGENE agrees to assume overall responsibility for ensuring that the CONSORTIUM’s HOME Program activities are carried out in compliance with the HOME rules, including any requirements related to the Consolidated Plan. EUGENE agrees to the following specific responsibilities: 6.1 Consolidated Plan. EUGENE shall lead development of the Eugene-Springfield Consolidated Plan every five years. For each Consolidated Plan, EUGENE agrees to contribute two-thirds of the staff time necessary to develop the plan. 6.2 Annual Action Plan and Consolidated Annual Performance Evaluation Report. EUGENE shall lead development of the Annual Action Plans and Consolidated Annual Attachment 2, Page 3 of 13 Performance Evaluation Reports with support from SPRINGFIELD, except for the Action Plan and Consolidated Annual Performance Evaluation Report elements related to use of SPRINGFIELD CDBG funds for which SPRINGFIELD shall be solely responsible. 6.3 CONSORTIUM Management. EUGENE shall be responsible for development of CONSORTIUM operating policies and procedures consistent with HUD requirements in consultation with SPRINGFIELD, development of annual budget estimates for use of HOME funds, and completion of data reporting into the HUD Integrated Disbursement & Information System. EUGENE shall also serve as lead staff for the HOME CONSORTIUM GOVERNING BOARD. 6.4 HOME Account and Financial Management. EUGENE shall manage the HOME Account, including preparation of all financial draws from the HUD Integrated Disbursement & Information System. 6.5 Environmental Review. In accordance with 24 CFR 92.504(c.)(2)(iv.), EUGENE as LEAD ENTITY may not delegate its environmental review obligation to any CONSORTIUM MEMBER. EUGENE agrees to complete environmental reviews for SPRINGFIELD HOME activities in a timely manner, with support from SPRINGFIELD. All reviews must be completed and approved prior to entering into any HOME written agreement and prior to any site-limiting action(s) related to the project even if the specific activity is not paid for with HOME funds. 6.6 Community Housing Development Organizations. EUGENE shall monitor and certify Community Housing Development Organizations (CHDO) on behalf of the Consortium. EUGENE shall enter into written agreements for use of CHDO Operating funds on behalf of EUGENE and SPRINGFIELD. 6.7 Selection of HOME Funded Projects and Programs. EUGENE shall lead development and implementation of an annual Request for Proposals (RFP) to solicit and select projects for use of HOME funds with participation from SPRINGFIELD. 6.8 Written Agreements and Implementation of HOME Funded Projects and Programs. EUGENE shall develop HUD-specified HOME Written Agreements and directly enter into such agreements for projects in both EUGENE and SPRINGFIELD, in consultation with SPRINGFIELD for projects in SPRINGFIELD. EUGENE shall work directly with all HOME recipients to meet HOME requirements during project implementation, and shall consult with SPRINGFIELD when necessary. 6.9 Project Monitoring and Compliance. EUGENE as the Lead Entity shall lead project and program monitoring for all CONSORTIUM HOME projects and programs in accordance with HOME requirements. EUGENE shall manage all aspects of monitoring activities during the HOME affordability period for each project in accordance with the provisions of 24 CFR 92 and other related regulatory requirements. EUGENE shall directly lead monitoring of all HOME development projects and EUGENE Homebuyer Assistance Program loans. EUGENE shall provide oversight of monitoring conducted by SPRINGFIELD for SPRINGFIELD HOME OWNERSHIP PROGRAM loans. Attachment 2, Page 4 of 13 7. SPRINGFIELD as Consortium Member. As CONSORTIUM MEMBER, SPRINGFIELD agrees to cooperate with EUGENE in its role as LEAD ENTITY and to be responsible for the following actions: 7.1 Participation in development of Consolidated Plan. SPRINGFIELD shall provide staff support to develop the Consolidated Plan. For each Consolidated Plan, SPRINGFIELD agrees to contribute one-third of the staff time necessary to develop the plan. SPRINGFIELD shall have sole responsibility for completion of Consolidated Plan elements related to use of SPRINGFIELD CDBG funds. 7.2 Participation in development of annual Action Plan and Consolidated Annual Performance Evaluation Report. SPRINGFIELD shall provide staff support to develop the annual Action Plans and Consolidated Annual Performance Evaluation Report. SPRINGFIELD shall be consulted by EUGENE on the development of the shared elements of the Action Plan. SPRINGFIELD shall have sole responsibility for completion of Action Plan and Consolidated Annual Performance Evaluation Report elements related to use of SPRINGFIELD CDBG funds. 7.3 CONSORTIUM Management. SPRINGFIELD shall provide input on CONSORTIUM policies and procedures, annual budget estimates for use of HOME funds, and other CONSORTIUM management issues as needed. 7.4 Environmental Review. SPRINGFIELD shall provide support to EUGENE in the completion of environmental reviews for SPRINGFIELD projects in a timely manner. 7.5 Selection of HOME Funded Projects. SPRINGFIELD shall participate in the development and implementation of an annual Request for Proposals to solicit and select projects for use of HOME funds. 7.6 Written Agreements and Implementation of HOME Funded Projects and Programs. SPRINGFIELD may review and comment on HUD required HOME Written Agreements for projects located in SPRINGFIELD. SPRINGFIELD may work directly with HOME recipients on SPRINGFIELD-specific issues, and will consult with EUGENE when necessary. 7.7 Project Monitoring and Compliance. SPRINGFIELD shall assist with monitoring and reporting activities for all HOME development projects in SPRINGFIELD, to the extent practical and feasible. SPRINGFIELD shall maintain responsibility for monitoring and compliance associated with the Springfield Home Ownership Program funded under HOME. 7.8 Performance of Past Projects. SPRINGFIELD remains responsible for the performance of projects implemented prior to July 1, 2015. If such project is unable to meet the requirements of the HOME affordability period EUGENE may hold SPRINGFIELD responsible for repayment of HOME funds if such repayment is required by HUD. 8. Use of HOME Consortium Funds. EUGENE and SPRINGFIELD agree to the following conditions for use of HOME CONSORTIUM funds: Attachment 2, Page 5 of 13 8.1 Use of HOME CONSORTIUM New Entitlement Funds. EUGENE and SPRINGFIELD shall annually use 85 percent of HOME funds for HOME projects, 5 percent of funds for CHDO operating support, and 10 percent of funds for administration. In accordance with HOME requirements, each allocation of funds must be committed to eligible uses within two years of receipt and expended within five years. 8.2 Use of HOME Program Income. EUGENE and SPRINGFIELD agree that at least 90 percent of HOME program income will be reserved for use for projects in the jurisdiction where the program income originated; Up to 10 percent will be available for eligible HOME Program Administration costs as described in Section 8.5. The Consortium may decide on an annual basis to use more than 90 percent of program income for projects, as established as part of the Annual Action Plan. SPRINGFIELD shall submit any program income, within 30 days of receipt, to EUGENE for deposit into the CONSORTIUM HOME account. Program Income must be allocated for use through the Action Plan. Program Income used for projects will be made available through the subsequent RFP. 8.3 Use of HOME funds for Projects. EUGENE and SPRINGFIELD will utilize 85% of new entitlement funds and at least 90 percent of program income available for HOME projects. 8.3.1 Allocation of New Entitlement Funds. The parties agree that new entitlement funds will be allocated for HOME projects, as stated in 8.1, located in each jurisdiction over time in accordance with the allocation shown in the most recent HOME Consortium calculator published by HUD. At this time, 76% of the annual allocation is for EUGENE projects and 24% are for SPRINGFIELD projects. The intent is to have flexibility over time to meet HUD proportional split over five year average, not necessarily on an annual basis. 8.3.2 CHDO Set-Aside Funds. The parties also agree that annually 15 percent of new entitlement funds available for projects must be set-aside for use in projects developed, owned, or sponsored by eligible CHDOs in accordance with HUD requirements. It is the intent of the CONSORTIUM to meet the CHDO requirements jointly in the distribution of funds. 8.3.3 Project Delivery Costs. A portion of HOME project funds allocated to each project may be used for HOME eligible project delivery costs incurred by both jurisdictions. A budget for project delivery costs for each project, including jurisdictional split of project delivery costs, shall be developed and approved by the HOME CONSORTIUM GOVERNING BOARD at the time of project selection. Project delivery costs incurred by EUGENE and SPRINGFIELD will vary depending on the nature, complexity, and location of the project. 8.4 Use of HOME funds for CHDO Operating Grants. EUGENE and SPRINGFIELD agree that CHDO Operating Grants will be provided each year to eligible CHDOs and divided equally among those agencies. Attachment 2, Page 6 of 13 8.5 Use of HOME funds for HOME Program Administration. Pursuant to Section 8.1 of this Agreement, 10 percent of new entitlement HOME funds shall be used for HOME Program administration costs. EUGENE shall receive 90 percent of these funds and SPRINGFIELD shall receive 10 percent for eligible HOME administration costs. Pursuant to Section 8.2 of this Agreement, up to 10 percent of program income received by each jurisdiction in the preceding year may be used for HOME administration costs, although SPRINGFIELD’S use of program income for administrative costs will not exceed $10,000 per year. SPRINGFIELD shall use HOME administration funds primarily for direct staffing costs, but may use these funds for materials and supplies necessary for administration of the HOME program. Such funds will be made available to SPRINGFIELD through an executed annual agreement, as referenced in Section 9 of this Agreement. EUGENE will not decline Springfield’s request for reimbursement for costs that are HOME eligibleand are consistent with this agreement and theannual agreement. Any remaining unused HOME funds allocated to Springfield for program administration costs will be made available to EUGENE for costs incurred in their capacity as LEAD ENTITY. 8.6 HOME Match Requirements Each HOME project funded must provide a match equivalent to 25 percent of total HOME funds spent on the project. Match sources shall be reviewed and verified as part of the RFP process described in Paragraph 11 of this Agreement. 9. REIMBURSEMENT. SPRINGFIELD shall request reimbursement from EUGENE, and EUGENE shall submit repayment to SPRINGFIELD, for eligible program administration and program delivery costs up to twice a year through an executed annual agreement. 10. HOME Consortium Governing Board. The Eugene-Springfield HOME CONSORTIUM shall be directed by the HOME CONSORTIUM GOVERNING BOARD. 10.1 Composition. The GOVERNING BOARD shall be composed of the Mayor and one Council Member from EUGENE and SPRINGFIELD. Each jurisdiction shall appoint a Council Member in accordance with their respective operating procedures. Staff from each jurisdiction shall serve as ex-officio members. 10.2 Purpose. The GOVERNING BOARD shall provide leadership for the CONSORTIUM, including review the RFP, review and approve the annual allocation of HOME CONSORTIUM funds, approve the use of HOME project funds in specific projects in EUGENE and SPRINGFIELD, and approve operating procedures for the GOVERNING BOARD. Such decisions shall be made consistent with the framework established by the EUGENE-SPRINGFIELD CONSOLIDATED PLAN, requirements of the HOME program, and project readiness to proceed. Neither EUGENE nor SPRINGFIELD shall obstruct the implementation of the consortium’s approved Consolidated Plan. 10.3 Annual program review. The GOVERNING BOARD shall review the overall management and outcomes of this Agreement, as well as the operating procedures for the GOVERNING BOARD each year. This review may lead to changes to the GOVERNING BOARD’s operating procedures. 10.4 Staff Collaboration. While the City of Eugene is the Consortium Lead Entity, it is vital that staff from both jurisdictions work closely together in developing and Attachment 2, Page 7 of 13 delivering a quality HOME Investment Partnership Consortium. This includes establishing timeframes for completion of projects. 11. HOME Project Selection Process. 11.1 RFP. The CONSORTIUM will issue an RFP for use of HOME funds in projects at least annually. EUGENE shall lead the development of the RFP in accordance with HOME requirements and with guidance from SPRINGFIELD and approval by the GOVERNING BOARD. 11.2 Evaluation Committee: Proposals resulting from the RFP shall be reviewed by an Evaluation Committee. 11.2.1 The Evaluation Committee is appointed annually by the GOVERNING BOARD and composed of one Council member of the GOVERNING BOARD from each jurisdiction and at least one community member from each jurisdiction. As necessary, the GOVERNING BOARD may add one or more representatives to the Evaluation Committee who bring a demonstrated technical expertise in the areas of financing and delivering affordable housing projects or reside in the area where the project is proposed. Staff from each jurisdiction shall serve as ex-officio members. 11.2.2 The role of the Evaluation Committee is to review, prioritize and recommend to the GOVERNING BOARD the funding for qualified projects submitted for HOME funding availability. The Evaluation Committee will make a recommendation for each project that will be presented to the respective Cities for approval. The GOVERNING BOARD will make final funding decisions and establish project priority in accordance with HOME requirements. 12. Contract Administration. Each party designates the following as its representative for purposes of administering this Agreement: EUGENE: SPRINGFIELD: Stephanie Jennings Erin Fifield Grants Manager Community Development Analyst 99 West 10th Avenue 225 5th Street Eugene OR 97401 Springfield OR 97477 stephanie.a.jennings@ci.eugene.or.us efifield@springfield-or.gov PH: 541-682-5529 PH: 541-726-2302 Either party may change its designated representative by giving written notice pursuant to the other. 13. Indemnification. To the extent allowed by the Oregon Constitution and the Oregon Revised Statutes, each of the parties hereto agrees to defend, indemnify, and save the other harmless from any claims, liability or damages including attorney fees arising out of any error, omission or act of negligence on the part of the indemnifying party, its officers, agents, or employees in the performance of this agreement.. Attachment 2, Page 8 of 13 14. Status. In providing the services specified in this agreement (and any associated services) both parties are public bodies and maintain their public body status as specified in ORS 30.260. Both parties understand and acknowledge that each retains all immunities and privileges granted them by the Oregon Tort Claims Act (ORS 30.260 through 30.300) and any and all other statutory rights granted as a result of their status as local public bodies. 15. Subcontracting. To the extent EUGENE subcontracts its work for Springfield projects under this contract, EUGENE agrees to notify SPRINGFIELD ahead of time. EUGENE shall remain responsible for full performance of its obligations under this Agreement, and SPRINGFIELD shall incur no obligation to any sub-contractor. 16. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to the representative designated in Section 12. Either party may change its address by notice given to the other in accordance with this section. 17. Arbitration. Except with respect to any judicial foreclosure of a deed of trust, any controversy regarding the terms and conditions of this Agreement shall be submitted to arbitration. Any party may request arbitration by written notice to the other. If the parties cannot agree on a single arbitrator within fifteen (15) days from the giving of notice, each party shall, within five (5) days, select a person to represent that party and the two arbitrators shall immediately select a third impartial person to complete a three-member arbi-tration panel. If the two arbitrators cannot agree within fifteen (15) days on the third arbitrator, then either party may petition the Presiding Judge of the Lane County Circuit Court to select the third arbitrator. The panel shall conduct the arbitration in accordance with the provisions of ORS Chapter 33, or the corresponding provisions of any such future law. The arbitrator(s) shall assess all or part of the cost of the arbitration, including attorney fees, to any or all parties. 18. Conflict of Interest. No member, officer, or employee of EUGENE or SPRINGFIELD, or its designees or agents, no member of the City Council, and no other public official of City who exercises any functions or responsibilities with respect to HOME Program during his or her tenure or for one year thereafter, shall have any pecuniary interest, direct or indirect, in any contract or subcontract or the proceeds thereof involving the HOME fund proceeds. In addition, no member of the Evaluation Committee may be a staff person, contractor, board member, or beneficiary of an organization or project that has received or may seek HOME funds. 19. Anti-Lobbying. EUGENE and SPRINGFIELD certifies, to the best of its knowledge and belief, that: 19.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Attachment 2, Page 9 of 13 19.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. 20. Applicable Law and Jurisdiction. EUGENE and SPRINGFIELD agrees that this agreement and each instrument or document ancillary thereto shall be interpreted, construed and enforced within the State of Oregon and under Oregon laws. EUENE and SPRINGFIELD consents to sue and be sued in, and otherwise submit to the jurisdiction of, the courts of the State of Oregon with respect to any dispute arising out of this agreement. 21. Integration. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives, except that, pursuant to Section 7.8, SPRINGFIELD shall remain responsible for repayment to EUGENE of HOME funds associated with projects implemented prior to July 1, 2015, where such repayment is required by HUD regulations. There are no representations, promises, terms, conditions or obligations other than those contained herein, except for CONSORTIUM operating policies and procedures, as referenced in Section 6.3, an executed annual agreement for the purposes of REIMBURSEMENT, as referenced in Section 9, and the GOVERNING BOARD operating procedures, as referenced in Section 10. 22. Interpretation. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Oregon, apart from choice of law provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any disputes involving this Agreement, any breach of this Agreement, or relating to its subject matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts. This Agreement shall not be construed more favorably to EUGENE due to the preparation of this Agreement by EUGENE. The headings and subheadings in this Agreement are for convenience, do not form a part of this Agreement, and shall not be used in construing this Agreement. 23. Effective Date. The effective date of this Agreement shall be July 1, 2018. 24. Agreement Review. EUGENE and SPRINGFIELD shall conduct a review of this agreement after one year and may amend this agreement. 25. Amendments. EUGENE and SPRINGFIELD may amend this agreement in writing based on mutual consideration and agreement of both parties, and approval of HUD as outlined in Notice CPD-13-002. EUGENE and SPRINGFIELD may amend the CONSORTIUM agreement to add new member units of local government for the qualification period only if additions are approved and signed by both parties. 26. Renewal. This agreement may be renewed for another three (3) year period with the consent of both parties. If EUGENE and SPRINGFIELD wish to renew this agreement, it must be signed and submitted to HUD by June 30, 2020, or amended. 27. Authorization. Each signator has been authorized by and through its respective Municipal Code to sign this agreement as shown in the authorizing documentation provided in Attachment 2, Page 10 of 13 Attachment A – City of Springfield Signature Authorization and Attachment B - City of Eugene Signature Authorization attached hereto and incorporated herein by this reference. City of Eugene City of Springfield By: Date: By: Date: (signature) (signature) Jon R. Ruiz Gino Grimaldi City Manager City Manager Attachment 2, Page 11 of 13 ATTACHMENT A City of Springfield Signature Authorization [To be added] Attachment 2, Page 12 of 13 ATTACHMENT B City of Eugene Signature Authorization [To be added] Attachment 2, Page 13 of 13 M E M O R A N D U M City of Springfield Date: 6/19/2017 To: Gino Grimaldi COUNCIL From: Anette Spickard Tom Boyatt Sandy Belson Erin Fifield BRIEFING Subject: HOME CONSORTIUM IGA RESOULTION MEMORANDUM ISSUE: In order to renew the HOME Consortium, the US Department of Housing and Urban Development (HUD) requires that Springfield and Eugene submit a HOME Consortium Intergovernmental Agreement (IGA), and attach a resolution as proof the City Manager has signing authority. COUNCIL GOALS/ MANDATE: Promote and Enhance our Hometown Feel While Focusing on Livability and Environmental Quality BACKGROUND: Springfield is not of sufficient size to receive HOME funds directly from HUD and for many years has joined with Eugene in a HOME Consortium. In 2015, based on HUD’s requirements and Council’s direction, Eugene and Springfield staff developed a new structure for the Consortium with Eugene as the Lead Entity. In this model, the HOME program is staffed and managed by Eugene and overseen by a governing body that has equal representation from both cities: both Mayors and a City Councilor from each city. The HOME governing body oversees the allocation of HOME funds to specific projects based on qualified applications submitted, reviewed, and recommended by an Evaluation Committee. The current 2015-2018 Eugene-Springfield HOME Consortium Intergovernmental Agreement (IGA) outlines the roles and responsibilities of each jurisdiction, use of funds for projects and grant administration, and HUD requirements for a Consortium under our new Lead Entity model. We are nearly two (2) years into the three year (3) agreement, and are still adjusting to the new model. 2018-2021 HOME CONSORTIUM INTERGOVERNMENTAL AGREEMENT (IGA): The current HOME Consortium Agreement is effective through June 30, 2018. In order to renew that agreement for the following three year period (July 1, 2018 – June 30, 2021) and remain a HOME Consortium, HUD requires that Eugene and Springfield inform them of our intent almost a year in advance with a renewed and signed IGA. Eugene and Springfield staff are currently negotiating the 2018-2021 HOME Consortium IGA in time for HUD’s June 30, 2017 deadline, but currently do not have a finalized agreement. While much of the proposed 2018-2021 IGA is similar to the current IGA, Eugene staff has proposed changes to how the two jurisdictions allocate program administration funds given the current and anticipated workload to manage the HOME Consortium. Eugene staff have stated Attachement 1, Page 1 of 2 their role as Lead Entity has created a lot more work than anticipated, and that the current IGA does not cover their administrative costs to manage the program. Springfield staff are interested in finding a fair means of dividing the limited resources while also covering Springfield’s cost in supporting the Consortium. Other proposed changes to the IGA include a provision to develop separate Memorandums of Understanding (MOUs) to delineate roles and responsibilities between the two cities for the development of the 2020-2025 Eugene-Springfield Consolidated Plan, as well as the new HUD planning process requirement for the Consortium to conduct an Assessment of Fair Housing. Despite limited funds for administration, and onerous HUD requirements, it is staff’s recommendation to remain in the HOME Consortium in order to access federal funds to develop affordable housing. Resolution One of HUD’s requirements for a Consortia Agreement is an attachment of an authorizing resolution by the governing body of each jurisdiction indicating that the Chief Executive Officer or other designated official has the authority to sign the agreement. This Resolution is included as Attachment 2, indicating that the City Manager has the authority to sign the negotiated IGA. Because the Consortium Agreement and authorizing resolution need to be submitted to HUD by June 30, 2017, we are asking Council to approve the Resolution to acknowledge that the City Manager has the authority to sign the IGA as we continue to negotiate with Eugene staff on the details of the Agreement. Staff anticipate that the draft IGA attached to the Resolution in Attachment 2 is close to what will be presented to the City Manager for signature. RECOMMENDED ACTION: Adopt/not adopt the following resolution: A RESOLUTION OF THE CITY OF SPRINGFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2018-2021 EUGENE-SPRINGFIELD HOME CONSORTIUM INTERGOVERNMENTAL AGREEMENT. Attachement 1, Page 2 of 2 CITY OF SPRINGFIELD, OREGON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF SPRINGFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2018-2021 EUGENE-SPRINGFIELD HOME CONSORTIUM INTERGOVERNMENTAL AGREEMENT WHEREAS, the federal HOME Investment Partnerships Program (HOME) is administered by the U.S. Department of Housing and Urban Development (HUD) and its purpose is to create affordable housing for low-income households; WHEREAS, Eugene and Springfield have formed the Eugene-Springfield HOME Consortium (Consortium) for the purpose of receiving HOME funds; WHEREAS, Springfield is a member of the Consortium and Eugene serves as the lead entity; WHEREAS, the Consortium is governed by a Governing Board that is made up of elected officials from both Springfield and Eugene; WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any functions or activities that a party to the agreement, its officers or agencies, have authority to perform; WHEREAS, Springfield and Eugene have drafted an Intergovernmental Agreement (IGA) that sets out the mutual promises and responsibilities for each City in connection with their membership in the Consortium; and WHEREAS, HUD requires that the Springfield adopt a resolution authorizing the City Manager to sign the IGA as the official representative of the Consortium, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1. The City of Springfield authorizes the City Manager to execute the Eugene- Springfield HOME Consortium IGA attached hereto as Exhibit A in substantially its current form, effective July 1, 2018 through June 30, 2021. Section 2. This Resolution will take effect upon its adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this _____ day of ______________, 2017, with a vote of ________ for and ________ against. ________________________________ Christine L. Lundberg, Mayor ATTEST: ________________________________ Amy Sowa, City Recorder Attachment 2, Page 1 of 13 INTERGOVERNMENTAL AGREEMENT FOR THE EUGENE-SPRINGFIELD HOME CONSORTIUM BETWEEN: City of Eugene, a unit of local government of the State of Oregon (EUGENE) AND: City of Springfield, a unit of local government of the State of Oregon (SPRINGFIELD) EFFECTIVE DATE: July 1, 2018 – June 30, 2021 RECITALS THIS Agreement is made and entered into by the CITY OF EUGENE and the CITY OF SPRINGFIELD, municipal corporations of the State of Oregon, hereinafter referred to as EUGENE and SPRINGFIELD, respectively. A. ORS 190.010 provides that units of local government may enter into agreements for the performance of any and or all functions and activities that a party to the agreement, its officers or agencies, have authority to perform. B. EUGENE, and SPRINGFIELD have formed the EUGENE-SPRINGFIELD HOME CONSORTIUM, hereinafter referred to as CONSORTIUM, for the purposes of receiving funds through the federal HOME Investment Partnership Program, hereinafter referred to as HOME, from the U.S. Department of Housing and Urban Development, hereinafter referred to as HUD. C. EUGENE and SPRINGFIELD are units of local government with boundaries that are geographically contiguous. D. For the CONSORTIUM, EUGENE and SPRINGFIELD have developed and adopted, and HUD has approved, the EUGENE-SPRINGFIELD CONSOLIDATED PLAN for the time period of July 1, 2015 through June 30, 2020. The CONSOLIDATED PLAN guides the use of HOME and CDBG funds. Each year the Consortium adopts a ONE YEAR ACTION PLAN that describes the specific planned uses of the funds. E. EUGENE and SPRINGFIELD moved to a new Governance model on July 1, 2015 replacing the model previous agreement where SPRINGFIELD was a subrecipient. Under the new model, EUGENE is the LEAD ENTITY of the CONSORTIUM, and SPRINGFIELD is a CONSORTIUM MEMBER. F. EUGENE and SPRINGFIELD will replace the existing HOME Consortium Intergovernmental Agreement (IGA) for the period of July 1, 2015 to June 30, 2018 with this agreement to establish roles, responsibilities, and procedures for use of HOME funds by the Eugene- Springfield HOME CONSORTIUM for the period and use of HOME funds starting on or after July 1, 2018. Attachment 2, Page 2 of 13 G. The new model includes the formation of the HOME CONSORTIUM GOVERNING BOARD whose role is to implement the strategic plan and goals set out in the EUGENE- SPRINGFIELD CONSOLIDATED PLAN and ONE YEAR ACTION PLANs. AGREEMENT NOW, THEREFORE, based upon the forgoing recitals, which are fully incorporated herein, and in consideration of the mutual promises and covenants contained herein and other valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Eugene-Springfield HOME Consortium. EUGENE and SPRINGFIELD hereby form the EUGENE-SPRINGFIELD HOME CONSORTIUM for the purposes of participating in the HOME Investment Partnership Program (HOME) and agree to cooperate in undertaking housing assistance activities to alleviate housing problems in the metropolitan area. 2. Qualification Period and Duration of Agreement. The qualification period shall cover funding for HOME funds received by the CONSORTIUM for HOME program years starting July 1 of 2018, 2019, and 2020. Pursuant to 24 CFR 92.507, no CONSORTIUM member may withdraw from the agreement while the agreement is in effect. The agreement remains in effect until the completion of activities to be funded during HOME program years, 2018, 2019, and 2020. Completion of activities means all funds for HOME program years 2018, 2019, and 2020 have been expended and the activities receiving funds have been completed in the HUD Integrated Disbursement and Management System (IDIS). 3. Program Year. The HOME program year start date is July 1 and the end date is June 30 of the following calendar year. 4. Consolidated Plan and Assessment of Fair Housing. EUGENE and SPRINGFIELD agree to jointly submit a single Consolidated Plan every five years and an Action Plan each year in accordance with HUD requirements and deadlines. EUGENE and SPRINGFIELD agree to conduct an Assessment of Fair Housing in accordance with HUD requirements and deadlines. Both jurisdictions agree to affirmatively further fair housing in accordance with HUD requirements. EUGENE and SPRINGFIELD shall develop separate Memorandums of Understandings to delineate an equitable set of roles and responsibilities for completing the Consolidated Plan and Assessment of Fair Housing. 5. Allocation of Responsibility. EUGENE is designated as the LEAD ENTITY to act in the representative capacity for the two jurisdictions for the purposes of the HOME Program. SPRINGFIELD is a CONSORTIUM MEMBER. 6. EUGENE as Lead Entity. As the LEAD ENTITY for the CONSORTIUM, EUGENE agrees to assume overall responsibility for ensuring that the CONSORTIUM’s HOME Program activities are carried out in compliance with the HOME rules, including any requirements related to the Consolidated Plan. EUGENE agrees to the following specific responsibilities: 6.1 Consolidated Plan. EUGENE shall lead development of the Eugene-Springfield Consolidated Plan every five years. For each Consolidated Plan, EUGENE agrees to contribute two-thirds of the staff time necessary to develop the plan. 6.2 Annual Action Plan and Consolidated Annual Performance Evaluation Report. EUGENE shall lead development of the Annual Action Plans and Consolidated Annual Attachment 2, Page 3 of 13 Performance Evaluation Reports with support from SPRINGFIELD, except for the Action Plan and Consolidated Annual Performance Evaluation Report elements related to use of SPRINGFIELD CDBG funds for which SPRINGFIELD shall be solely responsible. 6.3 CONSORTIUM Management. EUGENE shall be responsible for development of CONSORTIUM operating policies and procedures consistent with HUD requirements in consultation with SPRINGFIELD, development of annual budget estimates for use of HOME funds, and completion of data reporting into the HUD Integrated Disbursement & Information System. EUGENE shall also serve as lead staff for the HOME CONSORTIUM GOVERNING BOARD. 6.4 HOME Account and Financial Management. EUGENE shall manage the HOME Account, including preparation of all financial draws from the HUD Integrated Disbursement & Information System. 6.5 Environmental Review. In accordance with 24 CFR 92.504(c.)(2)(iv.), EUGENE as LEAD ENTITY may not delegate its environmental review obligation to any CONSORTIUM MEMBER. EUGENE agrees to complete environmental reviews for SPRINGFIELD HOME activities in a timely manner, with support from SPRINGFIELD. All reviews must be completed and approved prior to entering into any HOME written agreement and prior to any site-limiting action(s) related to the project even if the specific activity is not paid for with HOME funds. 6.6 Community Housing Development Organizations. EUGENE shall monitor and certify Community Housing Development Organizations (CHDO) on behalf of the Consortium. EUGENE shall enter into written agreements for use of CHDO Operating funds on behalf of EUGENE and SPRINGFIELD. 6.7 Selection of HOME Funded Projects and Programs. EUGENE shall lead development and implementation of an annual Request for Proposals (RFP) to solicit and select projects for use of HOME funds with participation from SPRINGFIELD. 6.8 Written Agreements and Implementation of HOME Funded Projects and Programs. EUGENE shall develop HUD-specified HOME Written Agreements and directly enter into such agreements for projects in both EUGENE and SPRINGFIELD, in consultation with SPRINGFIELD for projects in SPRINGFIELD. EUGENE shall work directly with all HOME recipients to meet HOME requirements during project implementation, and shall consult with SPRINGFIELD when necessary. 6.9 Project Monitoring and Compliance. EUGENE as the Lead Entity shall lead project and program monitoring for all CONSORTIUM HOME projects and programs in accordance with HOME requirements. EUGENE shall manage all aspects of monitoring activities during the HOME affordability period for each project in accordance with the provisions of 24 CFR 92 and other related regulatory requirements. EUGENE shall directly lead monitoring of all HOME development projects and EUGENE Homebuyer Assistance Program loans. EUGENE shall provide oversight of monitoring conducted by SPRINGFIELD for SPRINGFIELD HOME OWNERSHIP PROGRAM loans. Attachment 2, Page 4 of 13 7. SPRINGFIELD as Consortium Member. As CONSORTIUM MEMBER, SPRINGFIELD agrees to cooperate with EUGENE in its role as LEAD ENTITY and to be responsible for the following actions: 7.1 Participation in development of Consolidated Plan. SPRINGFIELD shall provide staff support to develop the Consolidated Plan. For each Consolidated Plan, SPRINGFIELD agrees to contribute one-third of the staff time necessary to develop the plan. SPRINGFIELD shall have sole responsibility for completion of Consolidated Plan elements related to use of SPRINGFIELD CDBG funds. 7.2 Participation in development of annual Action Plan and Consolidated Annual Performance Evaluation Report. SPRINGFIELD shall provide staff support to develop the annual Action Plans and Consolidated Annual Performance Evaluation Report. SPRINGFIELD shall be consulted by EUGENE on the development of the shared elements of the Action Plan. SPRINGFIELD shall have sole responsibility for completion of Action Plan and Consolidated Annual Performance Evaluation Report elements related to use of SPRINGFIELD CDBG funds. 7.3 CONSORTIUM Management. SPRINGFIELD shall provide input on CONSORTIUM policies and procedures, annual budget estimates for use of HOME funds, and other CONSORTIUM management issues as needed. 7.4 Environmental Review. SPRINGFIELD shall provide support to EUGENE in the completion of environmental reviews for SPRINGFIELD projects in a timely manner. 7.5 Selection of HOME Funded Projects. SPRINGFIELD shall participate in the development and implementation of an annual Request for Proposals to solicit and select projects for use of HOME funds. 7.6 Written Agreements and Implementation of HOME Funded Projects and Programs. SPRINGFIELD may review and comment on HUD required HOME Written Agreements for projects located in SPRINGFIELD. SPRINGFIELD may work directly with HOME recipients on SPRINGFIELD-specific issues, and will consult with EUGENE when necessary. 7.7 Project Monitoring and Compliance. SPRINGFIELD shall assist with monitoring and reporting activities for all HOME development projects in SPRINGFIELD, to the extent practical and feasible. SPRINGFIELD shall maintain responsibility for monitoring and compliance associated with the Springfield Home Ownership Program funded under HOME. 7.8 Performance of Past Projects. SPRINGFIELD remains responsible for the performance of projects implemented prior to July 1, 2015. If such project is unable to meet the requirements of the HOME affordability period EUGENE may hold SPRINGFIELD responsible for repayment of HOME funds if such repayment is required by HUD. 8. Use of HOME Consortium Funds. EUGENE and SPRINGFIELD agree to the following conditions for use of HOME CONSORTIUM funds: Attachment 2, Page 5 of 13 8.1 Use of HOME CONSORTIUM New Entitlement Funds. EUGENE and SPRINGFIELD shall annually use 85 percent of HOME funds for HOME projects, 5 percent of funds for CHDO operating support, and 10 percent of funds for administration. In accordance with HOME requirements, each allocation of funds must be committed to eligible uses within two years of receipt and expended within five years. 8.2 Use of HOME Program Income. EUGENE and SPRINGFIELD agree that at least 90 percent of HOME program income will be reserved for use for projects in the jurisdiction where the program income originated; Up to 10 percent will be available for eligible HOME Program Administration costs as described in Section 8.5. The Consortium may decide on an annual basis to use more than 90 percent of program income for projects, as established as part of the Annual Action Plan. SPRINGFIELD shall submit any program income, within 30 days of receipt, to EUGENE for deposit into the CONSORTIUM HOME account. Program Income must be allocated for use through the Action Plan. Program Income used for projects will be made available through the subsequent RFP. 8.3 Use of HOME funds for Projects. EUGENE and SPRINGFIELD will utilize 85% of new entitlement funds and at least 90 percent of program income available for HOME projects. 8.3.1 Allocation of New Entitlement Funds. The parties agree that new entitlement funds will be allocated for HOME projects, as stated in 8.1, located in each jurisdiction over time in accordance with the allocation shown in the most recent HOME Consortium calculator published by HUD. At this time, 76% of the annual allocation is for EUGENE projects and 24% are for SPRINGFIELD projects. The intent is to have flexibility over time to meet HUD proportional split over five year average, not necessarily on an annual basis. 8.3.2 CHDO Set-Aside Funds. The parties also agree that annually 15 percent of new entitlement funds available for projects must be set-aside for use in projects developed, owned, or sponsored by eligible CHDOs in accordance with HUD requirements. It is the intent of the CONSORTIUM to meet the CHDO requirements jointly in the distribution of funds. 8.3.3 Project Delivery Costs. A portion of HOME project funds allocated to each project may be used for HOME eligible project delivery costs incurred by both jurisdictions. A budget for project delivery costs for each project, including jurisdictional split of project delivery costs, shall be developed and approved by the HOME CONSORTIUM GOVERNING BOARD at the time of project selection. Project delivery costs incurred by EUGENE and SPRINGFIELD will vary depending on the nature, complexity, and location of the project. 8.4 Use of HOME funds for CHDO Operating Grants. EUGENE and SPRINGFIELD agree that CHDO Operating Grants will be provided each year to eligible CHDOs and divided equally among those agencies. Attachment 2, Page 6 of 13 8.5 Use of HOME funds for HOME Program Administration. Pursuant to Section 8.1 of this Agreement, 10 percent of new entitlement HOME funds shall be used for HOME Program administration costs. EUGENE shall receive 90 percent of these funds and SPRINGFIELD shall receive 10 percent for eligible HOME administration costs. Pursuant to Section 8.2 of this Agreement, up to 10 percent of program income received by each jurisdiction in the preceding year may be used for HOME administration costs, although SPRINGFIELD’S use of program income for administrative costs will not exceed $10,000 per year. SPRINGFIELD shall use HOME administration funds primarily for direct staffing costs, but may use these funds for materials and supplies necessary for administration of the HOME program. Such funds will be made available to SPRINGFIELD through an executed annual agreement, as referenced in Section 9 of this Agreement. EUGENE will not decline Springfield’s request for reimbursement for costs that are HOME eligibleand are consistent with this agreement and theannual agreement. Any remaining unused HOME funds allocated to Springfield for program administration costs will be made available to EUGENE for costs incurred in their capacity as LEAD ENTITY. 8.6 HOME Match Requirements Each HOME project funded must provide a match equivalent to 25 percent of total HOME funds spent on the project. Match sources shall be reviewed and verified as part of the RFP process described in Paragraph 11 of this Agreement. 9. REIMBURSEMENT. SPRINGFIELD shall request reimbursement from EUGENE, and EUGENE shall submit repayment to SPRINGFIELD, for eligible program administration and program delivery costs up to twice a year through an executed annual agreement. 10. HOME Consortium Governing Board. The Eugene-Springfield HOME CONSORTIUM shall be directed by the HOME CONSORTIUM GOVERNING BOARD. 10.1 Composition. The GOVERNING BOARD shall be composed of the Mayor and one Council Member from EUGENE and SPRINGFIELD. Each jurisdiction shall appoint a Council Member in accordance with their respective operating procedures. Staff from each jurisdiction shall serve as ex-officio members. 10.2 Purpose. The GOVERNING BOARD shall provide leadership for the CONSORTIUM, including review the RFP, review and approve the annual allocation of HOME CONSORTIUM funds, approve the use of HOME project funds in specific projects in EUGENE and SPRINGFIELD, and approve operating procedures for the GOVERNING BOARD. Such decisions shall be made consistent with the framework established by the EUGENE-SPRINGFIELD CONSOLIDATED PLAN, requirements of the HOME program, and project readiness to proceed. Neither EUGENE nor SPRINGFIELD shall obstruct the implementation of the consortium’s approved Consolidated Plan. 10.3 Annual program review. The GOVERNING BOARD shall review the overall management and outcomes of this Agreement, as well as the operating procedures for the GOVERNING BOARD each year. This review may lead to changes to the GOVERNING BOARD’s operating procedures. 10.4 Staff Collaboration. While the City of Eugene is the Consortium Lead Entity, it is vital that staff from both jurisdictions work closely together in developing and Attachment 2, Page 7 of 13 delivering a quality HOME Investment Partnership Consortium. This includes establishing timeframes for completion of projects. 11. HOME Project Selection Process. 11.1 RFP. The CONSORTIUM will issue an RFP for use of HOME funds in projects at least annually. EUGENE shall lead the development of the RFP in accordance with HOME requirements and with guidance from SPRINGFIELD and approval by the GOVERNING BOARD. 11.2 Evaluation Committee: Proposals resulting from the RFP shall be reviewed by an Evaluation Committee. 11.2.1 The Evaluation Committee is appointed annually by the GOVERNING BOARD and composed of one Council member of the GOVERNING BOARD from each jurisdiction and at least one community member from each jurisdiction. As necessary, the GOVERNING BOARD may add one or more representatives to the Evaluation Committee who bring a demonstrated technical expertise in the areas of financing and delivering affordable housing projects or reside in the area where the project is proposed. Staff from each jurisdiction shall serve as ex-officio members. 11.2.2 The role of the Evaluation Committee is to review, prioritize and recommend to the GOVERNING BOARD the funding for qualified projects submitted for HOME funding availability. The Evaluation Committee will make a recommendation for each project that will be presented to the respective Cities for approval. The GOVERNING BOARD will make final funding decisions and establish project priority in accordance with HOME requirements. 12. Contract Administration. Each party designates the following as its representative for purposes of administering this Agreement: EUGENE: SPRINGFIELD: Stephanie Jennings Erin Fifield Grants Manager Community Development Analyst 99 West 10th Avenue 225 5th Street Eugene OR 97401 Springfield OR 97477 stephanie.a.jennings@ci.eugene.or.us efifield@springfield-or.gov PH: 541-682-5529 PH: 541-726-2302 Either party may change its designated representative by giving written notice pursuant to the other. 13. Indemnification. To the extent allowed by the Oregon Constitution and the Oregon Revised Statutes, each of the parties hereto agrees to defend, indemnify, and save the other harmless from any claims, liability or damages including attorney fees arising out of any error, omission or act of negligence on the part of the indemnifying party, its officers, agents, or employees in the performance of this agreement.. Attachment 2, Page 8 of 13 14. Status. In providing the services specified in this agreement (and any associated services) both parties are public bodies and maintain their public body status as specified in ORS 30.260. Both parties understand and acknowledge that each retains all immunities and privileges granted them by the Oregon Tort Claims Act (ORS 30.260 through 30.300) and any and all other statutory rights granted as a result of their status as local public bodies. 15. Subcontracting. To the extent EUGENE subcontracts its work for Springfield projects under this contract, EUGENE agrees to notify SPRINGFIELD ahead of time. EUGENE shall remain responsible for full performance of its obligations under this Agreement, and SPRINGFIELD shall incur no obligation to any sub-contractor. 16. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to the representative designated in Section 12. Either party may change its address by notice given to the other in accordance with this section. 17. Arbitration. Except with respect to any judicial foreclosure of a deed of trust, any controversy regarding the terms and conditions of this Agreement shall be submitted to arbitration. Any party may request arbitration by written notice to the other. If the parties cannot agree on a single arbitrator within fifteen (15) days from the giving of notice, each party shall, within five (5) days, select a person to represent that party and the two arbitrators shall immediately select a third impartial person to complete a three-member arbi-tration panel. If the two arbitrators cannot agree within fifteen (15) days on the third arbitrator, then either party may petition the Presiding Judge of the Lane County Circuit Court to select the third arbitrator. The panel shall conduct the arbitration in accordance with the provisions of ORS Chapter 33, or the corresponding provisions of any such future law. The arbitrator(s) shall assess all or part of the cost of the arbitration, including attorney fees, to any or all parties. 18. Conflict of Interest. No member, officer, or employee of EUGENE or SPRINGFIELD, or its designees or agents, no member of the City Council, and no other public official of City who exercises any functions or responsibilities with respect to HOME Program during his or her tenure or for one year thereafter, shall have any pecuniary interest, direct or indirect, in any contract or subcontract or the proceeds thereof involving the HOME fund proceeds. In addition, no member of the Evaluation Committee may be a staff person, contractor, board member, or beneficiary of an organization or project that has received or may seek HOME funds. 19. Anti-Lobbying. EUGENE and SPRINGFIELD certifies, to the best of its knowledge and belief, that: 19.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Attachment 2, Page 9 of 13 19.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. 20. Applicable Law and Jurisdiction. EUGENE and SPRINGFIELD agrees that this agreement and each instrument or document ancillary thereto shall be interpreted, construed and enforced within the State of Oregon and under Oregon laws. EUENE and SPRINGFIELD consents to sue and be sued in, and otherwise submit to the jurisdiction of, the courts of the State of Oregon with respect to any dispute arising out of this agreement. 21. Integration. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives, except that, pursuant to Section 7.8, SPRINGFIELD shall remain responsible for repayment to EUGENE of HOME funds associated with projects implemented prior to July 1, 2015, where such repayment is required by HUD regulations. There are no representations, promises, terms, conditions or obligations other than those contained herein, except for CONSORTIUM operating policies and procedures, as referenced in Section 6.3, an executed annual agreement for the purposes of REIMBURSEMENT, as referenced in Section 9, and the GOVERNING BOARD operating procedures, as referenced in Section 10. 22. Interpretation. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Oregon, apart from choice of law provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any disputes involving this Agreement, any breach of this Agreement, or relating to its subject matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts. This Agreement shall not be construed more favorably to EUGENE due to the preparation of this Agreement by EUGENE. The headings and subheadings in this Agreement are for convenience, do not form a part of this Agreement, and shall not be used in construing this Agreement. 23. Effective Date. The effective date of this Agreement shall be July 1, 2018. 24. Agreement Review. EUGENE and SPRINGFIELD shall conduct a review of this agreement after one year and may amend this agreement. 25. Amendments. EUGENE and SPRINGFIELD may amend this agreement in writing based on mutual consideration and agreement of both parties, and approval of HUD as outlined in Notice CPD-13-002. EUGENE and SPRINGFIELD may amend the CONSORTIUM agreement to add new member units of local government for the qualification period only if additions are approved and signed by both parties. 26. Renewal. This agreement may be renewed for another three (3) year period with the consent of both parties. If EUGENE and SPRINGFIELD wish to renew this agreement, it must be signed and submitted to HUD by June 30, 2020, or amended. 27. Authorization. Each signator has been authorized by and through its respective Municipal Code to sign this agreement as shown in the authorizing documentation provided in Attachment 2, Page 10 of 13 Attachment A – City of Springfield Signature Authorization and Attachment B - City of Eugene Signature Authorization attached hereto and incorporated herein by this reference. City of Eugene City of Springfield By: Date: By: Date: (signature) (signature) Jon R. Ruiz Gino Grimaldi City Manager City Manager Attachment 2, Page 11 of 13 ATTACHMENT A City of Springfield Signature Authorization [To be added] Attachment 2, Page 12 of 13 ATTACHMENT B City of Eugene Signature Authorization [To be added] Attachment 2, Page 13 of 13