HomeMy WebLinkAbout4709-18 Approving Interlocal Agreement extending St. Joseph County Housing Consortium RESOLUTION
No. 4709-18
Passed by the Common Council of the City of South Bend, Indiana
April 23, 20 18
Attest: City Clerk
Kareemah N. Fowler
Attest President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 23, 20
City Clerk
Kareemah N. Fowler
Approved and signed by me L 20
V Mayor
BILL NO. 18-16
RESOLUTION NO. 4709-18
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA APPROVING AN AGREEMENT EXTENDING THE ST. JOSEPH COUNTY
HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF
WHEREAS,On November 28, 1990,the National Affordable Housing Act(NAHA)of 1990,
also known as the Cranston-Gonzales Act, became law, to implement its stated goal that every
American family be able to afford a decent home; and
WHEREAS, NAHA requires any governmental unit to formulate and submit appropriate
plans in order to be eligible to receive funds from several existing federal programs, including
Community Development Block Grant (CDBG), the HOME Investment Partnership Program
(HOME), Emergency Solutions Grant (ESG), as well as to be eligible to receive funds from new
housing assistance programs created by NAHA; and
WHEREAS, NAHA provides for the designation of geographically contiguous units of
general local government to participate as consortia in, and thereby be considered a single Unit of
general local government, for purposes of HOME; and
WHEREAS, I. C. 36-1-7, the Interlocal Cooperation Act, authorizes one or more
governmental entities to exercise,jointly or by one entity on behalf of the others,powers that may be
exercised by such units severally; and
WHEREAS,pursuant to the lnterlocal Cooperation Act, the Cities of South Bend and
Mishawaka, and the County of St. Joseph,being contiguous units of general local government
have formed the St. Joseph Housing Consortium,which, by agreement of the member entities, is
to terminate on December 31,2018; and
WHEREAS,the Cities of South Bend,Mishawaka,and St.Joseph County are desirous of re-
establishing the Consortium for the purposes of receiving an allocation and participating in HOME,
and all other housing programs administered by HUD for which they may be eligible, and for the
purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for
HOME and other HUD programs, including using a January 1 st program year; and
WHEREAS, substantially similar resolutions will be approved by the St. Joseph County
Council and the Mishawaka Common Council.
NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA UNDER I.C. 36-1-7,THE
INDIANA INTERLOCAL COOPERATION ACT, BE IT RESOLVED BY THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS:
Section I. The Common Council of the City of South Bend, Indiana has considered and
hereby approves the extension of and participation in the St.Joseph County Housing Consortium for
purposes of the formulation, update, submission and implementation of applicable plans and
programs and the implementation of the HOME Investment Partnerships Program (HOME),
Emergency Solutions Grant(ESG)and other housing assistance programs funded by the Department
of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990
(NAHA).
Section 11. The Common Council of the City of South Bend,Indiana hereby authorizes the
Mayor, or his designee, to enter into an Agreement extending the St. Joseph County Housing
Consortium,in form and substance the same as or similar to that of the Agreement attached hereto.
Section III. The Common Council of the City of South Bend, Indiana hereby confirms its
commitment to the goals and the reality of fair housing within the City of South Bend.
Section IV.This resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Tim Scott, Council President
South Bend Common Council
Filed in Clerk's Office
PRESENTED` 00 APR 18 2018
APPROWD KAREEMAH FOWLER
N. CITY CLERK.SQUTH BENn w I
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1865
CITY OF SOUTHBEND
COMMUNITY INVESTMENT
JAMES MUELLER, EXECUTIVE DIRECTOR
April 18, 2018 Filed in Clerk's Office
Tim Scott, President
South Bend Common Council APR 18 2018
400 County City Building _.
South Bend, IN 46601 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
President Scott:
The attached resolution will authorize the Mayor of South Bend to execute documents to renew the St.
Joseph County Housing Consortium under an inter-local agreement between the Cities of South Bend,
Mishawaka, and St.Joseph County.The Consortium was originally established in 1991 and since that
time has brought over 14 million dollars of HOME program funding for low-income assistance into our
community.
The Consortium's current agreement covering the period of 2016-18 is set to expire on December 31,
2018. The Department of Housing and Urban Development (HUD) process requires the passage of a
resolution authorizing the chief elected officer of the jurisdiction to execute renewal documents. The
renewal agreement will cover years 2019-2021 and is attached.
Re-establishing the Consortium will allow continuation of this valuable community resource. Staff will
present this resolution at the April 23, 2018 meeting. Please call me at 235-5845 with any questions
prior to then. Thank you.
Since ,
Pamela C. M er
Director, Neighborhood Development
U
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DANIEL J.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER TIM CORCORAN
BUSINESS DEVELOPMENT ENGAGEMENT&ECOXOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES
EXCELLENCE ACCOUNTABILITY ; INNOVATION INCLUSION EMPOWERMENT
14005 County-City Building',227W.Jefferson Blvd. South Bend,Indiana 46601 p574.235.9371 www.southbendin.gov
AN AGREEMENT AMONG THE CITIES OF SOUTH BEND,MISHAWAIU,AND THE
COUNTY OF ST.JOSEPH EXTENDING THE ST.JOSEPH COUNTY HOUSING
CONSORTIUM
'HIS INTERLOCAL AGREEMENT(Agreement) is entered into this
day of 2018 by and among the City of South Bend,Indiana
(South Bend),the City of Mishawaka,Indiana(Mishawaka),and The County of Saint
Joseph,Indiana(St.Joseph County).
RECITALS
WHEREAS, on November 28, 1990,the National Affordable Housing Act
(NAHA) of 1990,also known as the Cranston-Gonzales Act,became law,to
implement its stated goal that every American family be able to afford a decent
home;and
WHEREAS,NAHA requires any governmental unit to formulate and submit
applicable plans in order to be eligible to receive funds from several existing federal
programs,including Community Development Block Grants (CDBG),Emergency
Solutions Grant(ESG),and the HOME investment Partnerships Program (HOME);
and
WHEREAS,NAHA provides for the designation of geographically contiguous
units of general local government to participate as a consortia in,and thereby be
considered a single unit of general local government for the purpose of HOME;and {
I
WHEREAS,South Bend,Mishawaka, and the St.Joseph County(collectively,
:Consortium Members"),being contiguous units of general local government,first E
formed a consortium on August 27, 1991,with continual renewals every three f
years,for the purposes of formulating and submitting required plans for the $
purpose of-receiving an allocation and participating in the HOME,CDBG,ESG,and all
other housing programs administered by the Department of Housing and Urban
Development(HUD)for which they maybe eligible,and for the purpose of
cooperating to undertake or to assist in the undertaking of housing assistance
activities for HOME and other HUD programs,which consortium expires by its terms
unless it is extended prior to December 31, 2018;and
WHEREAS,HUD's Notice CPD-06-04 and 24 CFR farts 91 and 92 set forth
requirements for a consortium agreement, and the intent of this Agreement is to 1
comply with the Notice and CFR farts 91 and 92.
NOW,THEREFORE,for and in consideration of the mutual covenants and
promises contained herein,and pursuant to the authority granted the parties under
I.C.36-1-7,the Indiana Interlocal Cooperation Act,the Consortium Members AGREE
as follows:
Representative Responsibilities. South Bend,as representative member of the
parties to this Agreement,and acting through its Department of Community
Investment shall:
(a) Assume overall responsibility for ensuring that the Consortium's HOME
program is carried out in compliance with the requirements of the HOME
Program.
(b) Assume overall responsibility for the formulation,update,and timely
submission of any required plans,including,but not limited to a
Consolidated Plan as identified by HUD's Notice CPD-060-04 and
approved of by the Consortium; overall responsibility for formulating and
updating a community profile(including a needs assessment and
assessment of the Consortium's housing market and inventory) and the
formulating and updating of a five(5)year strategy (including a plan that
addresses geographic and program priorities)and addresses the issues of
homelessness and other fair housing issues.
(c) Assume overall responsibility for implementing required plans within the
Consortium.
(d) Assume overall responsibility for administration and management of all
housing activities funded through HOME and other NAHA programs,
within the Consortium,including but not limited to,application
processing;applicant capacity review,property and market reviews,
recommendations for funding,contract processing,and monitoring.
(e) Assume the overall responsibility to monitor and assure compliance with
all HOME requirements during project implementation and the
affordability period; including the right to enforce provisions of this
Agreement and,to the reallocation of funds from activities for non-
performance or non-compliance.
Allocation of Project Funds.The initial funding of an activity,as well as any
program income derived from that activity,shall be allocated on a project based
method.
Allocation of Administrative Funds.Administrative funds to compensate the
Lead Entity South Bend Department of Community Investment for the services to
the Consortium members will be determined on an annual basis, 4
Consortium Member"In: Membership of the Consortium shall be composed i
of the following:
1
(a) The Mayor of South Bend or designee;
3
3
3
(d) linter into,mare and perform contracts directly with private.
corporations,partnerships,associations,or foundations public and
private,the United States of America,the State of Indiana,or any political
subdivision or agency in order to implement and further the purposes of
this Agreement
(e) Accept grants and gifts from Consortium members,the United States of
America,the State of Indiana,other units of general government,and
from any unit,private corporation,partnership,association or individual
provided,however,that no gift or grant may be accepted from any
individual receiving services or from any member of the professional or F
clerical staff of the South Bend Department of Community Investment.
Further,any grant or gift received by the Consortium shall be transferred
for deposit in the St.Joseph County Housing Consortium Checking
Account.
(f) In general, exercise all powers which now or hereafter may be conferred
by law upon the Consortium for purposes of carrying out the purposes of
this Agreement. €
3. Fiscal Responsibility
r
Financial and fiscal responsibility for all funds received and administered in
connection with this Agreement,shall,on a day-today basis,be vested in the Lead
Entity the City of South Bend Department of Community Investment and/or the City
of South Bend's Controller. The Department of Community Investment and/or the
South Bend Controller shall be responsible for the receipt,disbursement,and
accounting of all Consortium funds.
4, Expansion of Consortium.
During the term of this Agreement,any other unit of general local government
contiguous to South Bend,Mishawaka,and/or St.Joseph County,may petition the
Housing Consortium to join,and thereby expand the Consortium. Such petition shall
be signed by the Chief elected Of 1cW of the petitioning governmental unit and shall
demonstrate the interest,desire,and commitment of that governmental unit to
participate in and further,affirmatively,the purposes of the Consortium. The
Consortium shall consider and vote on such petition at a regular or special
Consortium meeting. Upon the unanimous vote of the current Consortium
membership approving such a petition,the Consortium shall direct the petitioning
governmental unit to seek the adoption of a resolution by its governing body,
resolving to join the Consortium and authorizing the Chief elected Official of the
petitioning governmental unit to execute and join the Agreement.
The membership of the Consortium shall be expanded automatically,from time
to time,by the addition of additional contiguous units of general local government,
5
FOR ST.JOSEPH COUNTY: DATE
Andrew Kostielney,President
Board of Commissioners for St.Joseph County
f
FOR THE CITY OF MISHAWAKA: DATE
Da d .Wood, r
of Misha ,Indiana
FOR THE CITY OF SOUTH BEND: : DATE
Lf261 �
Pete Buttigi , ayor
City of South Bend,I ana
7
AN AGREEMENT AMONG THE CITIES OF SOUTH BEND, MISHAWAKA,AND THE
COUNTY OF ST.JOSEPH EXTENDING THE ST.JOSEPH COUNTY HOUSING
CONSORTIUM
THIS INTERLOCAL AGREEMENT (Agreement) is entered into this
day of 2018 by and among the City of South Bend, Indiana
(South Bend),the City of Mishawaka, Indiana (Mishawaka), and The County of Saint
Joseph, Indiana (St.Joseph County).
RECITALS
WHEREAS, on November 28, 1990, the National Affordable Housing Act
(NAHA) of 1990, also known as the Cranston-Gonzales Act, became law, to
implement its stated goal that every American family be able to afford a decent
home; and
WHEREAS, NAHA requires any governmental unit to formulate and submit
applicable plans in order to be eligible to receive funds from several existing federal
programs, including Community Development Block Grants (CDBG), Emergency
Solutions Grant(ESG), and the HOME Investment Partnerships Program (HOME);
and
WHEREAS, NAHA provides for the designation of geographically contiguous
units of general local government to participate as a consortia in, and thereby be
considered a single unit of general local government for the purpose of HOME; and
WHEREAS, South Bend, Mishawaka,and the St.Joseph County (collectively,
:Consortium Members"), being contiguous units of general local government,first
formed a consortium on August 27, 1991,with continual renewals every three
years,for the purposes of formulating and submitting required plans for the
purpose of receiving an allocation and participating in the HOME, CDBG, ESG,and all
other housing programs administered by the Department of Housing and Urban
Development(HUD) for which they may be eligible, and for the purpose of
cooperating to undertake or to assist in the undertaking of housing assistance
activities for HOME and other HUD programs,which consortium expires by its terms
unless it is extended prior to December 31, 2018; and
WHEREAS, HUD's Notice CPD-06-04 and 24 CFR Parts 91 and 92 set forth
requirements for a consortium agreement, and the intent of this Agreement is to
comply with the Notice and CFR Parts 91 and 92.
NOW,THEREFORE, for and in consideration of the mutual covenants and
promises contained herein,and pursuant to the authority granted the parties under
I.C. 36-1-7, the Indiana Interlocal Cooperation Act, the Consortium Members AGREE
as follows:
1
1. Preamble
Program Activity. Consortium Members agree to cooperate to undertake or to
assist in undertaking housing assistance activities for the HOME Program.
Fair Housing. Consortium Members confirm their commitment to cooperate
and further the goal of decent, safe, sanitary and affordable housing for every
American, as set forth under NAHA, by taking affirmative steps to strengthen
partnerships between public and private institutions, and to undertake such
activities in conformance with fair housing policies.
Program Year. Consortium Members agree to a program year start date of
January 1.
2. Consortium
Term.This Agreement shall specify the three year qualification period of the
Consortium to be 2019, 2020,and 2021. This Agreement shall terminate at the
later of the following dates: December 31, 2021 or the date on which all activities
funded under NAHA during the federal fiscal years 2019, 2020, and 2021 have been
carried out.
Prior to the termination of this Agreement the Consortium may elect to extend
the term of this Agreement, by the adoption of substantially similar resolutions of
each of the governing bodies of each consortium member, approving the extension
of the Consortium and the amendment of this Agreement, and authorizing the chief
elected official of each member to execute the amendments to this Agreement.
During the duration of this Agreement, no Consortium member may take any
action to withdraw from the Agreement while it is in effect; terminate the
Consortium,this Agreement, or the membership of that or another member in the
Consortium.
Amendment. Changes and amendments to this Agreement shall be made only
upon the affirmative vote of two-thirds of the Consortium membership voting upon
a motion to change or amend at a meeting of the Consortium.
Limitations. No Consortium Member may obstruct implementation of the
Consortium's approved Consolidated Plan.
Representative Appointment. South Bend, Mishawaka, and St. Joseph County
hereby designate South Bend as the Consortium's Lead Entity and authorize South
Bend to act in a representative capacity,as Lead Entity for the Consortium, for
purposes of HOME,and to exercise through its Department of Community
Investment the activities of a Lead Entity.
2
Representative Responsibilities. South Bend, as representative member of the
parties to this Agreement, and acting through its Department of Community
Investment shall:
(a) Assume overall responsibility for ensuring that the Consortium's HOME
program is carried out in compliance with the requirements of the HOME
Program.
(b) Assume overall responsibility for the formulation, update, and timely
submission of any required plans, including, but not limited to a
Consolidated Plan as identified by HUD's Notice CPD-060-04 and
approved of by the Consortium; overall responsibility for formulating and
updating a community profile (including a needs assessment and
assessment of the Consortium's housing market and inventory) and the
formulating and updating of a five (5) year strategy (including a plan that
addresses geographic and program priorities) and addresses the issues of
homelessness and other fair housing issues.
(c) Assume overall responsibility for implementing required plans within the
Consortium.
(d) Assume overall responsibility for administration and management of all
housing activities funded through HOME and other NAHA programs,
within the Consortium, including but not limited to, application
processing, applicant capacity review,property and market reviews,
recommendations for funding, contract processing, and monitoring.
(e) Assume the overall responsibility to monitor and assure compliance with
all HOME requirements during project implementation and the
affordability period; including the right to enforce provisions of this
Agreement and,to the reallocation of funds from activities for non-
performance or non-compliance.
Allocation of Project Funds.The initial funding of an activity, as well as any
program income derived from that activity, shall be allocated on a project based
method.
Allocation of Administrative Funds.Administrative funds to compensate the
Lead Entity South Bend Department of Community Investment for the services to
the Consortium members will be determined on an annual basis.
Consortium Membership; Membership of the Consortium shall be composed
of the following: a
(a) The Mayor of South Bend or designee;
3
(b) A member appointed by the Mayor of South Bend;
(c) The Mayor of Mishawaka or designee;
(d) A member appointed by the Mayor of Mishawaka;
(e) President of the Board of County Commissioners of St.Joseph County or
designee;
(f) A member appointed by the President of the Board of County
Commissioners of St.Joseph County
Each chief elected official member of the Consortium who elects to be
represented by a designated alternate, shall, upon designating that alternate, so
advise the Lead Entity,South Bend.
Consortium Communications. The Consortium shall meet from time to time, as
necessary to carry out its responsibilities and purposes hereunder,and shall publish
notice of its meetings and conduct its meetings in accordance with the provisions of
I.C. 5-14-1.5.
Quorum and Majority. A simple majority of the Consortium membership shall
constitute a quorum at any meeting of the Consortium. The act of the majority of
the members present and voting at a meeting at which a quorum is present shall be
the act of the Consortium.
Consortium Administration and Duties. To the extent not inconsistent
herewith or restricted hereby,and to the extent not inconsistent with nor restricted
by federal, state or local law,the Consortium may authorize any officer or officers,
agent or agents,including employees of the Lead Entity,the City of South Bend
Department of Community Investment,to enter into any contract or execute and
deliver any instrument in the name of or on behalf of the Consortium, and such
authority may be general or confined to specific instances. Further the Consortium
shall:
(a) Conduct its business and affairs for the benefit of the Consortium
Members.
(b) Provide policy direction to the Lead Entity,in its exercise of its
obligations here under.
(c) Review and approve the applications made to HUD for funding for other
housing programs funded under NAHA to be implemented by the
Consortium.
4
(d) Enter into, make and perform contracts directly with private
corporations, partnerships,associations, or foundations public and
private,the United States of America, the State of Indiana, or any political
subdivision or agency in order to implement and further the purposes of
this Agreement.
(e) Accept grants and gifts from Consortium members,the United States of
America,the State of Indiana, other units of general government, and
from any unit,private corporation, partnership, association or individual
provided,however,that no gift or grant may be accepted from any
individual receiving services or from any member of the professional or
clerical staff of the South Bend Department of Community Investment.
Further, any grant or gift received by the Consortium shall be transferred
for deposit in the St.Joseph County Housing Consortium Checking
Account.
(f) In general, exercise all powers which now or hereafter may be conferred
by law upon the Consortium for purposes of carrying out the purposes of
this Agreement.
3. Fiscal Responsibility
Financial and fiscal responsibility for all funds received and administered in
connection with this Agreement, shall, on a day-today basis,be vested in the Lead
Entity the City of South Bend Department of Community Investment and/or the City
of South Bend's Controller. The Department of Community Investment and/or the
South Bend Controller shall be responsible for the receipt, disbursement,and
accounting of all Consortium funds.
4. Expansion of Consortium.
During the term of this Agreement, any other unit of general local government
contiguous to South Bend, Mishawaka, and/or St.Joseph County,may petition the
Housing Consortium to join, and thereby expand the Consortium. Such petition shall
be signed by the Chief elected Official of the petitioning governmental unit and shall
demonstrate the interest, desire,and commitment of that governmental unit to
participate in and further, affirmatively,the purposes of the Consortium. The
Consortium shall consider and vote on such petition at a regular or special
Consortium meeting. Upon the unanimous vote of the current Consortium
membership approving such a petition,the Consortium shall direct the petitioning
governmental unit to seek the adoption of a resolution by its governing body,
resolving to join the Consortium and authorizing the Chief elected Official of the
petitioning governmental unit to execute and join the Agreement.
The membership of the Consortium shall be expanded automatically, from time
to time,by the addition of additional contiguous units of general local government,
5
as they are accepted for membership upon petition and resolution as provided
herein; provided, however,that the expansion of Consortium membership shall
have no effect upon the designation of South Bend herein as representative member
of the Consortium, not shall such expansion have any effect upon the composition,
number, operations, and authority of the Consortium,as set forth herein.
S. Existing Programs
Some Consortium members' existing programs may need to be modified if
the programs are to be carried out with HOME funds; however,the Consortium's
activities do not impact CDBG funded programs.
6. Recitals and Headings
The headings in this Agreement are for convenience and reference only and
will not be considered in the interpretations of this Agreement. The recitals are an
integral part of the Agreement and are incorporated by reference.
7. Authorizing Resolution
Each Consortium Member previously adopted a resolution resolving to approve
this Agreement, and authorizing the execution of this Agreement by the chief elected
official of the respective local unit of general government. True and accurate copies
of each Consortium Member's resolutions are incorporated by reference and
attached hereto as Exhibit 1.
It is desirable and advantageous, and in the public interest to enter into an
Agreement for joint and cooperative action,as embodied in this Agreement.
NOW,THEREFORE,the elected officials of each of the previously mentioned local
units of government approve this Agreement, and as authorized representatives of
their unit of government pledges cooperation and enter into such Agreement as
previously authorized and directed.
6
FOR ST.JOSEPH COUNTY: DATE
Andrew KostieIney,President
Board of Commissioners for St.Joseph County
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FOR THE CITY OF MISHAWAKA: DATE C
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Da %d -Wool0l:/,ll,
sha Inia na
FOR TIIE CITY OF SOUTH BEND: DATE
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Pete Buttigi , ayor
City of South Bend,I ana
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