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HomeMy WebLinkAboutResolution 2020-21 07/06/2020 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, the Cities of Eugene and Springfield have formed the Eugene-Springfield HOME Consortium (Consortium) for the purpose of receiving HOME funds; WHEREAS, the City of Springfield is a member of the Consortium and the City of Eugene serves as the lead entity; 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, the Cities of 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, to comply with HUD requirements, the IGA must be executed by the City Manager as the chief executive officer of the City of Springfield, as authorized by resolution of the Common Council of the City of Springfield, its governing body, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1. The City Manager is authorized to execute the Eugene-Springfield HOME Consortium IGA attached hereto as Exhibit A in substantially its current form, effective October 1, 2020. 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____________, 20, with a vote of ________ for and ________ against. ________________________________ Mayor ATTEST: ________________________________ City Recorder 7/6/2020 Exhibit A, Page 1 of 11 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: October 1, 2020 RECITALS THIS Agreement is made and entered into by the CITY OF EUGENE (EUGENE) and the CITY OF SPRINGFIELD(SPRINGFIELD), municipal corporations of the State of Oregon. A.ORS 190.010provides 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 (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 toas HUD. C.EUGENE and SPRINGFIELD are units of local government with boundaries that are geographically contiguous. D.For the CONSORTIUM, EUGENE and SPRINGFIELD have developedandadopted, and HUD has approved,the EUGENE-SPRINGFIELDCONSOLIDATED PLANfor the time period of July 1, 2020through June 30, 2025. The CONSOLIDATED PLAN guidestheuse of HOME and CDBG funds. Each year the CONSORTIUM adopts aONE YEAR ACTION PLAN that describes the specific planned uses of the funds. E.Under the existing governance model effective since July 1, 2015, EUGENE is theLEAD ENTITY of the CONSORTIUM, and SPRINGFIELD is aCONSORTIUM MEMBER. . 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 (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. Resolution No. 2020-21 Exhibit A, Page 2 of 11 2.Qualification Period and Duration of Agreement. This Agreement is applicable to federal funding received for federal fiscal years FY 2021, FY 2022, and FY 2023, which is the three year period beginning October 1, 2020 and ending September 30, 2023. Pursuant to 24 CFR 92.101(e), no CONSORTIUM member maywithdraw from the CONSORTIUM during the qualification period. EUGENE and SPRINGFIELD may amend the Agreement to add new member units of local government for the qualification period only if additions are approved and signed by both parties. The Agreementremains in effect until the completion of activities to be funded during this qualification period. Completion of activities means all funds 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 shall run fromJuly 1 toJune 30 of the following calendar year. 4.Consolidated Plan and Assessment of Fair Housing.EUGENE and SPRINGFIELD agree to jointly submit a single Consolidated Planevery five yearsandan Action Plan each yearin 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 jurisdictionsagree 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 ENTITYto act in the representative capacity for the two jurisdictions for the purposes of the HOME Program. SPRINGFIELD is a CONSORTIUM MEMBER. 6.EUGENEasLead Entity. As the LEAD ENTITY for the CONSORTIUM, EUGENE agrees 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: 6.1Consolidated 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. 6.2Annual Action Planand Consolidated Annual Performance Evaluation Report. EUGENE shall lead development of the Annual Action Plansand Consolidated Annual 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 fundsfor which SPRINGFIELD shall be solely responsible. 6.3CONSORTIUM 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 GOVERNINGBOARD. Resolution No. 2020-21 Exhibit A, Page 3 of 11 6.4HOME Account and Financial Management. EUGENE shall manage the HOME Account, including preparation of all financial draws from the HUD Integrated Disbursement & Information System. 6.5Environmental 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 activitiesin a timely manner,with support from SPRINGFIELD. All reviews mustbe completed and approvedprior 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. 6.6Community Housing Development Organizations. EUGENE shall monitor and certify Community Housing Development Organizations (CHDO) on behalf of the CONSORTIUM. EUGENE shall enter into written agreementsfor use of CHDO Operating funds on behalf of EUGENE and SPRINGFIELD. 6.7Selection 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 participationfrom SPRINGFIELD. 6.8Written Agreements and Implementation of HOME Funded Projects and Programs. EUGENE shall develop HUD-specified HOME Written Agreements and directly enter into suchagreements 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. 6.9Project Monitoring and Compliance. EUGENE as the LEAD ENTITYshall 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. 7.SPRINGFIELD as Consortium Member.As CONSORTIUM MEMBER, SPRINGFIELD agrees to cooperate with EUGENE in itsrole as LEAD ENTITY and to be responsible for the following actions: 7.1Participation in development of Consolidated Plan.SPRINGFIELD shall provide staff support to develop theConsolidatedPlan. 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. 7.2Participation in development of annualAction Planand Consolidated Annual Performance Evaluation Report. SPRINGFIELD shall provide staff support to develop the annual Action Plansand 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 Resolution No. 2020-21 Exhibit A, Page 4 of 11 completion of Action Plan and Consolidated Annual Performance Evaluation Report elements related to use of SPRINGFIELD CDBG funds. 7.3CONSORTIUM Management. SPRINGFIELDshall provide input on CONSORTIUM policies and procedures, annual budget estimates for use of HOME funds, and other CONSORTIUM management issues as needed. 7.4Environmental Review. SPRINGFIELD shall provide support to EUGENE in the completion of environmental reviews for SPRINGFIELD projectsin a timely manner. 7.5Selection of HOME Funded Projects. SPRINGFIELDshallparticipate in the developmentand implementationof an annual Request for Proposals to solicit and select projects for use of HOME funds. 7.6Written Agreements and Implementation of HOME Funded Projects and Programs. SPRINGFIELD may review and comment on HUDrequiredHOME Written Agreementsfor projects located in SPRINGFIELD. SPRINGFIELD may work directly with HOME recipients on SPRINGFIELD-specific issues, and will consult with EUGENE when necessary. 7.7Project Monitoring and Compliance. SPRINGFIELDshall assist with monitoring and reporting activities for allHOME development projects in SPRINGFIELD, to theextent practical and feasible.SPRINGFIELD shall maintain responsibility for monitoring and compliance associated with the Springfield Home Ownership Program funded under HOME. 7.8Performance of Past Projects.SPRINGFIELD remains responsible for the performance of projects implemented prior to July 1, 2015. If such projectis unableto 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.UseofConsortiumFunds.EUGENE and SPRINGFIELD agreeto the following conditions for use of CONSORTIUM funds: 8.1Use of 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. 8.2Use 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 availablefor eligible HOME Program Administration costs by the jurisdiction where the program income originatedas described in Section 8.5.Each jurisdiction 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 30days of receipt,to EUGENE for deposit into the CONSORTIUM 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. Resolution No. 2020-21 Exhibit A, Page 5 of 11 8.3Useof HOME funds for Projects.EUGENE and SPRINGFIELDwill utilize 85% of new entitlement funds and at least90 percentofprogram income availablefor HOME projects. 8.3.1Allocation of New Entitlement Funds. Theparties agree that new entitlement funds will be allocatedfor HOME projects,as stated in 8.1, located in each jurisdictionover timein accordance with the allocation shown in the most recent HOME Consortiumcalculator published by HUD. At this time, 74% of the annual allocation is for EUGENE projects and 26% are for SPRINGFIELD projects. 8.3.2CHDO Set-Aside Funds. The parties also agree that annually 15 percent of new entitlement funds available for projectsmust 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. 8.3.3Project Delivery Costs.Aportion of HOME project fundsallocated to each projectmay be used for HOMEeligible project delivery costsincurred 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. 8.4Useof HOME funds for CHDO Operating Grants.EUGENE and SPRINGFIELD agree that CHDO Operating Grants will be provided each year to eligible CHDOs and divided equallyamong those agencies. 8.5Use 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 these funds for eligible HOME administration costs. Pursuant to Section 8.2 of this Agreement, up to 10 percentof program income received by each jurisdiction in the preceding year may be used for HOME administration costs. EUGENE shall receive 75 percent of these funds for eligible HOME administration costs. SPRINGFIELD shallreceive up to 25 percent of these funds for direct staffing costsanyfor 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 request for reimbursement for coststhat are HOME eligibleand are consistent with this Agreement and theannual agreement.Anyunused HOME funds allocated to Springfield forprogram administrationcosts will be made available to EUGENE for costs incurred in their capacity as LEAD ENTITY. 8.6HOME Match RequirementsEach 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. Resolution No. 2020-21 Exhibit A, Page 6 of 11 9.REIMBURSEMENT.SPRINGFIELD shall request reimbursement from EUGENE, and EUGENE shall submit repayment to SPRINGFIELD,for eligible program administration and program delivery costsup to twice a yearthrough an executed annual agreement. 10.HOME Consortium Governing Board. The CONSORTIUM shall be directed by the HOME CONSORTIUM GOVERNING BOARD(GOVERNING BOARD). 10.1Composition.The GOVERNING BOARD shall be composed of the Mayorand 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. 10.2Purpose.The GOVERNING BOARD shall provide leadership for the CONSORTIUM, including review the RFP,review and approvethe annual allocation of CONSORTIUM funds,approvethe use of HOME project funds in specific projects in EUGENE and SPRINGFIELD, and approveoperating procedures for the GOVERNING BOARD.Such decisions shall be madeconsistent withthe framework established by the EUGENE-SPRINGFIELD CONSOLIDATED PLAN, requirements of the HOME program, and project readiness to proceed.Neither EUGENE nor Consolidated Plan. 10.3Annual program review. The GOVERNING BOARDshall review the overall management and outcomes ofthis Agreement, as well as the operating procedures for the GOVERNING BOARDeach year.This review may lead to changes to the 10.4Staff Collaboration. AlthoughEUGENE is the LEAD ENTITY, it is vital that staff from both jurisdictions work closely together in developing and delivering a quality HOME Investment Partnership Consortium.This includes establishing timeframes for completion of projects. 11.HOME Project Selection Process. 11.1RFP.The CONSORTIUM will issue anRFPfor 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 SPRINGFIELDandapproval bythe GOVERNING BOARD. 11.2Evaluation Committee:Proposalsresulting from the RFP shall be reviewed by an Evaluation Committee. 11.2.1The Evaluation Committee is appointed annually by the GOVERNING BOARD and composed of one Council member of the GOVERNING BOARD from each jurisdictionand at least one community memberfrom each jurisdiction.As necessary, the GOVERNING BOARDmay add one or more representatives to the Evaluation Committeewho bring a demonstrated technical expertise in the areas of financing and delivering affordable housing projectsor reside in the area where the project is proposed.Staff from each jurisdiction shall serve as ex-officio members. 11.2.2The role of the Evaluation Committeeis to review, prioritize and recommend to the GOVERNING BOARDthe funding for qualified projects submitted for Resolution No. 2020-21 Exhibit A, Page 7 of 11 HOME funding availability. The Evaluation Committee will make a recommendation for each project that will be presented to the respective Citiesfor 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: Ellen Meyi-GallowayErin Fifield Housing Finance AnalystCommunity Development Analyst thth 99 West 10Avenue 225 5Street Eugene OR 97401Springfield OR 97477 EMeyi-Galloway@eugene-or.gov efifield@springfield-or.gov PH:541-682-5532PH: 541-726-2302 Either party maychange its designated representative by giving written notice pursuant to the other. 13.Indemnification.To the extent allowed by the Oregon Constitution and theOregon 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. 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 SPRINGFIELDprojects under this contract,EUGENE agrees to provide SPRINGFIELD with reasonable advance notice before entering into any such subcontracts.EUGENE shall remain responsiblefor 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 accordancewith 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 Resolution No. 2020-21 Exhibit A, Page 8 of 11 Court to select the third arbitrator. The panel shall conduct the arbitration in accordance with the provisions of ORS Chapter 36.400-36.425,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 toHOME 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 Committeemay be a staff person, contractor, board member, or beneficiary of anorganization 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: 19.1No 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 officeror 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. 19.2If 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- 20.Integration. Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives.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 theGOVERNING BOARD operating procedures, as referenced in Section 10. 21.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. ThisAgreement shall not be construed more favorably to either partydue its role inthe preparation of this Agreement.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. Resolution No. 2020-21 Exhibit A, Page 9 of 11 22.Amendments.Except as provided otherwise in this Agreement, 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. 23.Renewal.This agreement may be renewed for anotherthree (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 June30, 2023, or amended. 24.Authorization.Each signator has been authorized by and through its respective governing bodyor charterto sign this agreement as shown in the authorizing documentation provided inAttachment A City of Springfield Signature Authorization and Attachment B-City of Eugene Signature Authorization attached hereto and incorporated herein by this reference. City of EugeneCity of Springfield By:Date:By:Date: (signature)(signature) Sarah MedaryNancy Newton City ManagerCity Manager Resolution No. 2020-21 Exhibit A, Page 10 of 11 ATTACHMENT A City of Springfield Signature Authorization \[To be added\] Resolution No. 2020-21 Exhibit A, Page 11 of 11 ATTACHMENT B City of Eugene Signature Authorization \[To be added\] Resolution No. 2020-21