Loading...
HomeMy WebLinkAbout5082-24 Resolution St. Joseph County Housing ConsortiumRESOLUTION No. 5082-24 Passed by the Common Council of the City of South Bend, Indiana June 10, Attest: Attest: ;z Bianca L. Tirado 24 20 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana 14‘t,,- IL Bianca L. Tirado Approved and signed by me 20 24 0 itt\_,...,- 20 City Clerk zy Mayor BILL NO. 24-19 RESOLUTION NO. 5082-24 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 consortium in, and thereby be considered a single unit of general local government, for purposes of HOME; and WHEREAS, I.C. Sec. 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, 2024; 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 1st program year (hereinafter the "Agreement"); and WHEREAS, the Cities of South Bend, Mishawaka, and St. Joseph County are desirous of changing the Agreement to automatic renewals for which a new three-year resolution and agreement will not be required, subject to the amendment and "right to not participate" processes set forth in the Agreement; 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 Solution Grant Programs (ESG), Community Development Block Grant (CDBG), and 1 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, or his designee, to enter into an Agreement extending the St. Joseph County Housing Consortium, in form and substance the same as or substantially 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 and shall remain in effect with automatic renewals, subject to the amendment and "right to not participate" processes set forth in the Agreement. Sharon McBride, Council resident South Bend Common Council Attest: Bianca Tirado,ity Clerk Office of the City Clerk Presented by me, the under 'ned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the 11 ' day of , 2024, at q o'clock C.i. Bianca Tirado, lerk Office of the City lerk Approved and signed by me on the ( I day of JNtit , 2024, at 3 o'clock 1 .m. J1J- Jan/s Mueller, Mayor Citi(, of South Bend 2 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 , 2024 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 consortium 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, 2024; 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 2025, 2026, and 2027. This Agreement will remain in effect at least until the funds or the dates on which all activities funded under NAHA during the federal fiscal years 2025, 2026, 2027 and each successive qualification period for which the Agreement is renewed have been carried out. December 31 of any three- year qualification period this Agreement shall automatically be renewed for the Consortium's participation in successive qualification period of three federal fiscal years each. No later than the date specified by HUD's consortia designation notice, South Bend shall notify each consortium member in writing of its right to not participate for the successive three-year qualification period and South Bend shall send a copy of each notification to the HUD field office. If a Consortium Member decides not to participate in the Consortium for the next qualification period, the Consortium Member shall notify South Bend in writing, and South Bend shall notify the HUD Field Office, before the beginning of new qualification period. During the duration of this Agreement and each successive qualification period for which the Agreement is renewed, no Consortium member may take any action to withdraw from the Agreement while it is in effect or terminate the Consortium, this Agreement, or the membership of that or another member in the Consortium. Before the beginning of each new qualification period, South Bend shall submit to the HUD Field Office a statement of whether or not any amendments have been made to this agreement, a copy of each amendment to this agreement, and, if the Consortium's membership has changed, the state certification required under 24 C.F.R. § 92.101(a)(2)(i). The Consortium shall adopt any amendments to this agreement that are necessary to meet HUD requirements for consortium agreements in successive qualification periods. 2 The automatic renewal of the agreement will be void if: South Bend fails to notify a Consortium member or the HUD field office as required under this automatic renewal provision or South Bend fails to submit a copy of each amendment to this agreement as required under this automatic renewal provision. Amendment. Other than as stated elsewhere in this Agreement, 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. 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-06-04 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. 3 (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, acting through its 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) The Mayor of South Bend or designee; (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 St. Joseph County Board of Commissioners or designee; (f) A member appointed by the President of the St. Joseph County Board of Commissioners Each chief elected official of a 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 4 by federal, state, or local law, the Consortium may authorize any officer or officers, agent or agents, including employees of the Lead Entity, South Bend, acting through its 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 hereunder. (c) Review and approve the applications made to HUD for funding for other housing programs funded under NAHA 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. (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, South Bend, acting through its Department of Community Investment and/or 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. 5 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, 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, 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 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 including the automatic renewal of the Agreement and authorizing the execution of this Agreement and any amendments 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. 6 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. Remainder of this page intentionally left blank. 7 FOR ST. JOSEPH COUNTY: DATE Carl H. Baxmeyer, President St. Joseph County Board of Commissioners FOR THE CITY OF MISHAWAKA: DATE David A. Wood, Mayor City of Mishawaka, Indiana FOR THE CITY OF SOUTH BEND: DATE Ja es A. Mueller, Mayor Ci of South Bend, Indiana 8