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HomeMy WebLinkAboutApproving an Agreement Extending the St. Joseph County Housing ConsortiumAttest: RESOLUTION 4463 -15 Passed by the Common Council of the City of South Bend, Indiana June 22, 15 20 . Presented by me to the Mayor of the City of South Bend, Indiana June 23 20 15 City Clerk President of Common Council Approved and signed by me TV n e 93 20-LL City Clerk RESOLUTION NO. I l 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, 2015; and WHEREAS, the Cities of South Bend and Mishawaka, and the County of St. Joseph are all 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 1st 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 II. The Common Council of the City of South Bend, Indiana hereby authorizes the Mayor 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. , AA City Clerk MrSFNM �— LL—Ir NOT ? Pf�kCXI A OVTW �- LL 4j"" Member, Common Council Filed In Clarks Office E 16 205 SOS CITY CLERK, BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15 -52 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 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Community Investment Committee. Karen L. White Chairperson, Committee of the Whole 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 2015 by and among the City of South Bend, Indiana (South Bend), the City of Mishawaka (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 Grants (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 consortia in, and thereby be considered a single unit of general local government for the purpose of HOME; and WHEREAS, South Bend, Mishawaka, and 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, 2015; 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: Ie 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 January 15Y program year. 2. CONSORTIUM Term. The Consortium's three (3) year qualification period of the Consortium Agreement is for the years 2016, 2017, and 2018. This Agreement shall terminate at the later of the following dates: December 31, 2018 or the date on which all activities funded under NAHA during the federal fiscal years 2016, 2017, and 2018 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 or terminate the Consortium, this Agreement, or any Consortium Member's membership while the Agreement is in effect. 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. Limitation. 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. Representative Responsibilities. South Bend, as representative member of the -2- parties to this Agreement, and acting through its Department of Community Investment, shall assume overall responsibility for: (a) Ensuring that the Consortium's HOME program is carried out in compliance with the requirements of the HOME Program; (b) Formulating, updating, and submitting timely any and all plans, including but not limited to, a Consolidated Plan as identified by HUD's Notice CPD- 060 -04; a five (5) year strategy (including a plan that addresses geographic and program priorities); plans required by the Consortium; and plans approved by the Consortium; (c) Formulating and updating a community profile (including a needs assessment and assessment of the Consortium's housing market and inventory); (d) Addressing the issues of homelessness and other fair housing issues; (e) Administrating and managing 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; and (f) Monitoring and assuring compliance with all HOME requirements during project implementation and the affordability period, including the right to enforce provisions of this Agreement and reallocating funds from activities for non - performance or non - compliance. Allocation of Protect 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. Consortium Membership Representatives shall be composed of the following: (a) The Mayor of South Bend or designee; (b) A member appointed by the Mayor of South Bend; (c) The Mayor of Mishawaka or designee; -3- (d) A member appointed by the Mayor of Mishawaka; (e) President of the Board of County Commissioners of St. Joseph County or designee; and (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, advise the Lead Entity of the same. 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 MaioritX. 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 and specifically, but not limited to, the City of South Bend Department of Community Investment employees, to enter into any contract and execute and deliver any instrument in the name of or on behalf of the Consortium. 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 hereunder; (c) Review and approve the applications made to HUD for funding for other housing programs funded under NAHA and to be implemented by the Consortium; (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; Im (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. No gift or grant may be accepted from any individual receiving services or from any member of the South Bend Department of Community Investment staff, unless such gift comports with City of South Bend Executive Order 1 -2014 and and /or any amendment to Executive Order 1 -2014. Further, any grant or gift received by the Consortium shall be transferred for deposit in the St. Joseph County Housing Consortium Checking Account; and (f) 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 contiguous units of general local government, 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 -5- Consortium, nor shall such expansion have any effect upon the composition, number, operations, and authority of the Consortium, as set forth herein. 5. EXISTING PROGRAMS Some Consortium Members' existing programs may require modification 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 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 Members' 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 pledge cooperation and enter into such Agreement as previously authorized and directed. 0 FOR ST. JOSEPH COUNTY Andrew Kostielney, President Board of Commissioners for St. Joseph County, Indiana FOR THE CITY OF MISHAWAKA David A. Wood, Mayor City of Mishawaka, Indiana 0]1410 1muft X11=111yys;]:. all Pete Buttigieg, Mayor City of South Bend, Indiana -7- DATE DATE II AINA CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR February 2015 Ms. Pamela C. Meyer St. Joseph County Housing Consortium 227 W. Jefferson Building South Bend, rN 46601 RE: 2016 -2018 Consortium renewal agreement Dear Pam, In preparation for the renewal of the interlocal government agreement establishing the St. Joseph County Housing Consortium between the Cities of South Bend, Mishawaka and St. Joseph County, this letter serves as notice of the City of South Bend's intent to participate for the period of 2016- 2018. Thank you for your assistance. Sincerely, Pete Buttrgieg Mayor City of South Bend Filed In i, office 77 N15 C17YC� e ND, IN 1400 COUNTY -C= BUILDING • 227 W. JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 46601 PHONE 574/235 -9261• FAx 574/235 -9892 227 W. JEFFERSON BOULEVARD SunE.. 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR June 17, 2015 Tim Scott, President South Bend Common Council 400 County City Building South Bend, IN 46601 President Scott: PHONE: 574/235 -9371 FAX: 574/235 -9021 The attached resolution will authorize the Mayor of South Bend to execute documents to renew the St. Joseph County Housing Consortium under an interlocal 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 2013 -15 is set to expire on December 31, 2015. The Department of Housing and Urban Development (HUD) process requires a written notification of intent to participate, and the passage of a resolution authorizing the chief elected officer of thejurisdiction to execute renewal documents. The renewal agreement will cover years 2016 -2018. Mayor's Buttigieg's letter noting South Bend's intent to participate is attached. Re- establishing the Consortium will allow continuation of this valuable community resource. Staff present this resolution at the June 22, 2015 meeting. Please call me at 235 -5845 with any questions prior to then. Thank you. Sincerely Pamela C. Me er Director, Community Development cc: L.Timmer S. Ford ASSISTANT ExECuTIvE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC REsouRCEs 6� CHRIS FIELDING JITIN KAR9 PAMELA C. MEYER BROCKZEEB ( �V'