HomeMy WebLinkAboutItem 06- Home Consortium IGAAGENDA ITEM SUMMARY Meeting Date: 4/3/2023
Meeting Type: Regular Meeting
Staff Contact/Dept.: Erin Fifield / DPW
Staff Phone No: 541-726-2302
Estimated Time: Consent calendar
SPRINGFIELD
Council Goals: Mandate
CITY COUNCIL
ITEM TITLE:
HOME CONSORTIUM INTERGOVERNMENTAL AGREEMENT
ACTION
Adopt the following resolution: A RESOLUTION OF THE CITY OF
REQUESTED:
SPRINGFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE THE
EUGENE -SPRINGFIELD HOME CONSORTIUM INTERGOVERNMENTAL
AGREEMENT EFFECTIVE OCTOBER 1, 2023.
ISSUE
In order to renew the HOME Consortium, the U.S. Department of Housing and
STATEMENT:
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. This IGA renews the existing HOME
Consortium relationship between Springfield and Eugene for another 3 years,
beginning with Federal Fiscal Year 2024.
ATTACHMENTS:
Attachment 1: Resolution Providing Authority to Sign HOME IGA
DISCUSSION/
The Cities of Eugene and Springfield formed the Eugene -Springfield HOME
FINANCIAL
Consortium in 1992 to expand upon Eugene's entitlement allocation of HOME
IMPACT:
funds to also allow for support of affordable housing activities within the City of
Springfield. The City of Springfield is not large enough to receive its own
entitlement allocation of HOME funds.
In 2015, Eugene and Springfield entered a "Lead Entity model" due to significant
changes to the HOME program and a 2014 HUD monitoring of the Consortium's
HOME program. In this model, Eugene is responsible for the oversight and
administration of HOME funds in the entire Consortium area. Springfield supports
oversight and administration of HOME projects in Springfield and participates in
the selection of projects and allocation of HOME funds.
The roles and responsibilities of the two jurisdictions are outlined in the HOME
Consortium IGA, including the process for evaluating and awarding HOME funds
in each jurisdiction. This IGA includes minor administrative updates reflective of
HUD requirements.
In order 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. HUD must receive an
executed copy of the IGA and Resolution by August 1, 2023 in order for the
HOME Consortium to receive funds for the following fiscal year.
Through the HOME Consortium, the Cities of Eugene and Springfield have worked
in partnership to develop multiple Eugene -Springfield Consolidated Plans, build the
capacity of local affordable housing organizations, and support development of
hundreds of affordable housing units.
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SPRINGFIELD AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FISCAL YEAR 2024-2026 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,
2023.
Section 2. This Resolution will take effect upon its adoption by the Council.
ADOPTED by the Common Council of the City of Springfield this day of
2023, with a vote of for and against.
ATTEST:
City Recorder
EXHIBIT A
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, 2023
CONTRACT NO.: Eugene 2023-02171
Springfield C3314
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 190.010 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 (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, 2020 through June 30, 2025. The CONSOLIDATED PLAN guides the use of HOME
and Community Development Block Grant (CDBG) funds. Each year the CONSORTIUM
adopts a ONE 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 the LEAD
ENTITY of the CONSORTIUM, and SPRINGFIELD is a CONSORTIUM 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.
2. Qualification Period and Duration of Agreement. This Agreement is applicable to federal
funding received for federal fiscal years FY 2024, FY 2025, and FY 2026, which is the three-
year period beginning October 1, 2023 and ending September 30, 2026. Pursuant to 24 CFR
92.101(e), no CONSORTIUM member may withdraw 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 Agreement remains 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 CONSORTIUM's HOME program year shall run from July 1 to 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
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 IDIS. 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 IDIS.
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 Protects 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. The EUGENE City Manager is authorized
to execute the HOME Written Agreements for approved HOME projects in EUGENE and
SPRINGFIELD.
6.9 Prosect 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.
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.
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 Protects. SPRINGFIELD shall participate in the
development and implementation of an annual RFP to solicit and select projects for use
of HOME funds.
7.6 Written Agreements and Implementation of HOME Funded Protects 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 Prosect 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 Consortium Funds. EUGENE and SPRINGFIELD agree to the following conditions
for use of CONSORTIUM funds:
8.1 Use 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. Unless otherwise
permitted under HUD regulations, each allocation of funds must be committed to eligible
uses within two years of receipt and expended within eight years of receipt.
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 by the jurisdiction where the program income
originated as 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 30 days
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.
8.3 Use of HOME funds for Protects. 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, 74% of
the annual allocation is for EUGENE projects and 26% are for SPRINGFIELD
projects.
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.
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 Program 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 eligible HOME Program
administration costs. SPRINGFIELD shall use HOME Program administration funds
primarily for direct staffing costs, but may also use HOME Program administration funds
for materials and supplies necessary for administration of the HOME program. HOME
Program administration 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 eligible
and are consistent with this Agreement and the annual 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 CONSORTIUM shall be directed by the HOME
CONSORTIUM GOVERNING BOARD (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
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. Although EUGENE 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.
11.1 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:
Ellen Meyi-Galloway Erin Fifield
Affordable Housing Production Manager Community Development Analyst
99 West 10th Avenue 2255 th Street
Eugene OR 97401 Springfield OR 97477
EMeyi-Galloway@eugene-or.gov efifield@springfield-or.gov
PH: 541-682-5532 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.
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 provide SPRINGFIELD with reasonable advance
notice before entering into any such subcontracts. 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 arbitration 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 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 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.
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. 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. 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.
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. This Agreement shall not be construed more favorably to either party due its role
in the 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.
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 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, 2023, or amended.
24. Authorization. Each signator has been authorized by and through its respective governing
body or charter to sign this agreement as shown in the authorizing documentation provided in
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
By: Date
(signature)
Sarah Medary
City Manager
City of Springfield
-31
(signature)
Nancy Newton
City Manager
Date:
ATTACHMENT A
City of Springfield Signature Authorization
[To be added]
ATTACHMENT B
City of Eugene Signature Authorization
[To be added]