HomeMy WebLinkAboutAgenda - 05-03-2011 - 5dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 3, 2011
Action Agenda
item No. ~-
SUBJECT: Qran e Count HQME Consortium A reement
DEPARTMENT: HousinglHuman Rights and PUBLIC HEARING: YIN} No
Community Development
ATTACHMENTS}:
Resolution
HQME Consortium Agreement
INFORMATION CONTACT:
Tara L. Fikes, 245-2490
PURPOSE: To adopt a resolution authorizing the execution of a HQME Consortium Agreement
for thefiscal yearbeginningJuly 1, 2011.
BACKGROUND: In August 1992, the Qrange County HQME Consortium was formed by
mutual consent of the Towns of Carrboro, Chapel Hill, and Hillsborough and Orange County.
The County is designated as lead entity and thus responsible for program administration. At
that time, the elected bodies of the member governments approved the initial Consortium
Agreement. Renewal agreements were executed in June 1996, August 1999, May 2002, June
2005, and June 2008. It is now time to renew the current agreement for another three year
period in orderto continue to participate in the HQME investment Parknership Program.
The HQME Program Review .Committee, comprised of the Manager or his designee and one
elected official for Qrange County -- Commissioner Valerie Foushee} from each jurisdiction,
has discussed renewal of the HaME Program Consortium Agreement and agreed to include an
automatic renewal clause in the Agreement this year to eliminate the need to review the
document every three years unless a jurisdiction chooses to withdraw from the Consortium.
Additionally, the Garrboro Board of Alderman requested additional language regarding the
deliberative process of the HOME Review Committee, County staff has modified the current
Consortium Agreement to incorporate the above noted changes to the 2008 version of the
document. The changes are highlighted by bold i~a~~cs.
The renewal HOME Consortium Agreement is due by May 13, 2411 and the document must be
approved and executed by all member governments prior to submission to HUD, The Town of
Carrboro, Chapel Hill and Hillsborough will consider approval of this Agreement on May 3, May
2, and May 9 respectively. After approval by all participating governments, the Agreement will
be reviewed by the County Attorney for final review and approval prior to submission.
FINANCIAL IMPACT: Execution of the document will enable the Orange County Consortium to
continue to receive an annual allocation of Federal HOME funds that have averaged $725,000
per annum in recent years.
REC~MMENDATI~N4S~:
authorizing the execution
1, 201.
2
The Manager recommends the Board adopt the resolution
of a HOME Consortium Agreement for the fiscal year beginning July
DES-ao~~-o4~
"~~~ $ ~..~ ff~
I ~ i
~.L
17 -• ~~
~~
~ ~~-
'~ a~.t ~ ~ ~ ~ ~
fi
Q~t
RESOLUTION AUTHORIZING THE EXECUTION OF A
HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM CONSORTIUM
AGREEMENT
WHEREAS, on June 29,1992, the Orange County Board of Commissioners approved participation
of the County in the Orange County HOME Consortium; and
WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough and Orange County are
currently members of the Orange County HOME Consortium established on or about August 3,
1992; and
WHEREAS, the current Orange County HOME Consortium Agreement expires on June 30, 2011;
and
WHEREAS, the Orange County HOME Consortium desires to continue to be considered for
eligibility under the federal HOME Program operated by the U.S. Department of Housing and
Urban Development as authorized under the National Affordable Housing Act, as amended;
NOW THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners
authorizes the County Manager to execute the approved HOME Consortium Agreement for the
period beginning July 1, 2011, subj ect to approval as to form by the County Attorney.
This 3~~ day of May 2011.
4
NORTH CAROLINA
ORANGE COUNTY
grange County HgME Consortium
HgME Investment Partnership Program Consortium Agreement
THIS AGREEMENT made and entered into by and among the County of Orange thereinafter
"County"}, the Town of Carrboro, the Town of Chapel Hill, and the Town of Hillsborough
thereinafter "Towns"}, each being a general local governmental unit of the State of North
Carolina, and is made pursuant to North Carolina Statutes, Article °2~ of Chapter 164A.
WHEREAS, County and Towns agree that it is desirable'and irk the interests of their citizens to
secure approval by the federal government to be considered as a° ;.consartium under the federal
HOME Program operated by the U. S. Depar~ment~~-..of Housing ~ and Urban Development as
authorized under the HOME Investment Partnership ~ Act, Title II of,, the Cranston-Gonzalez
National Affordable Housing Act of I994, as`amended;
NOW, THEREFORE, the County and the Towns agree as follows: ...
Section 1. Def nations ~ =
The definitions contained in 24 CFR Park 92, Subpart A, paragraph 92.2 are incorporated herein
by reference and made;a:: p~.rt .hereof, acid ~ .the ~ern~ `: def ned in `this section have the following
meanings given theni:`:~` "
A. "Act" means T~~le II of the Cranston-.±Ganzalez National Affordable Housing Act, as
amended_~42 U.S.C.1270.Z'~et::seq,}.
B. " C:onsolidate~d~ .Plan" means the ~~ Consolidated Plan for Housing and Community
Development Programs as established in~ the Act and prepared and adopted by the County
andTowns, as amended from time to time. The Plan describes the needs, resources,
priorites....,.and proposed acti~~~:ies to be undertaken with respect to HUD Programs,
including `lhe HOME Program:
C. "Federal HOME Program" means a procedure established for the use of funds made
available from ~~:UD .through the Act to carry out multi-year housing strategies through
assistance to f rst~~t~ne homebuyers and existing homeowners, propeirty acquisition,
rehabilitation and new construction of housing, site improvements, tenant-based rental
assistance, demolition, relocation expenses and other reasonable and necessary expenses
related to the development of affordable housing.
D. "HUD" means the United States Department of Housing and Urban Development.
E. "Regulations" means 24 CFR Part 92 HOME Investment Partnerships Program
Implementing Regulations as issued by HUD.
F. "Federal HUD Consortium" means a consortium of units of general local governments
bound by the terms of a HOME Investment Partnership Act Consortium Agreement far
the purpose of participating in the Federal HOME Program and receiving funds as
authorized in the Federal Program Regulations.
G. "Federal Program Requirements" means documents issued by the U.S, Department of
Housing and Urban Development describing the regulations and requirements of the
HOME Program in order for funds to be awarded to participating jurisdictions as
authorized in the Act.
Section IL Purpose
This Agreement is to form a Consortium of units of general local government within Orange
County for designation as a Federal HUD Consortium under the Act and the Federal Program
Requirements of the Act. The said Consortium is known and' hereinafter may be referred to as
the Orange County HOME Consortium thereinafter "OHC"}:..
...
.:. ...
,Section III. Agreement. :.::
A. The term of this Agreement begins wi~~~ 'the effective date of July .~, .~O.II. -Subject to
the requirements of Paragraph E of this Section, the County and.=;Towns agree that the
terms of this Agreement cover the period, necessary to carry out all ,,activities that will
be funded by the federal Hl1~VlE Investtr ent:~'Partnership Program to the grange
County HDIVIE Consortium :, The Agreemenl`remains in effect until all H4M.E funded
activities are complete and dosed out pursuant to 2~ CFR 9Z.5o7.
B. Unless otherwise terminated .b:~ agree~ent in wrrtrng~ of all parties hereto or by
termination of ,~t~e``~H+~ME program by~~UD, thzs agreement shall automaticarly he
renewed for~successi~eahree-year:quali~catior~::,~eriods under the same terms and
conditions::: The parties agree that theLead Entity ~vill notify each consortium member
in the Right Not to.Particpate .Notice if ;there are any amendments that will be required
. , se. changes, would..t.elude, but not be limited to, changes to the
g The
to the~A regiment. ..: ...,~
man' Bement ~process~~oting, distribution of funds, or other administrative matters.
a
~~y consortium~'memb~rshall have the right to withdraw from the consortium at the
begxnn~n o an renewal period:.by giving notice in writing to the Lead .Entity and all
~~ g f y
other consortium metribers at east 6o days prior to the date that this Agreement would
otherwise `automatically: rene~v:~ For each renewal period, the Lead Entity shall, by the
date spec~ed~ in HUD's:: consortia designation notices, notify each of the consortium
members in writing ots right not to participate for that renewal period and shall
provide copies of al~~;such notifications to HUD.
C. The OHC Program Review Committee is authorized to provide policy oversight for
planning, operations, and evaluation of OHC and the HOME Program. The Manager or
hislher designee from each participating unit of local government and one ~ ~ } elected
off cial from each jurisdiction shall be a member. Consistent with the commitment of
the members of the ~HC to establish a collaborative, deliberative, and inclusive
process for making decisions under this Agreement, at least one representative from
each of the local governments comprising the OHC must be present r'n order to hold an
ofjrcial meeting of the ~HCProgram .Review Committee.
E.
F.
D. The OHC Program Review Committee shall prepare a proposed HQME program design
each year and consortium program application to HUD, in compliance with the Act, the
Regulations, and the Federal Program Requirements, including reallocation of any funds
from previous years not expended or any repayments or other program income consistent
with this Section. Each year's proposed HQME program design and the consortium
program application should be consistent with the Consolidated Plan. Each year's
program design shall be subject to the approval of each consortium member's elected
board. The proposed HOME program design will define a strategy in sufficient detail to
accommodate the collective and individual needs and priorities of the County and Towns.
The OHC Program Review Committee shall also.:review the: ;Consolidated Plan Update
each year and any amendments needed, and p~e~~nt these changes and amendments to
each consortium member's elected board for;appro:val and ,submission to HUD and to the
State. . ~~ ~: ,.. ~ ...
,..
A11 consortium members must approVethe HQME program desig~:and any Consolidated
Plan amendments prior to their subnis~ion: to HUD. ~ .
The County and Towns mutually agree that the ~ County shall act as the Lead Entity in a
representative capacity f~~:::all~~;mem~ers of QHC `fad .the purposes of the Act and as further
defined in the Federal Program Requirements for ~ funding,..: provided directly by HUD.
The Coun , in its capacity as lead entity,; is authorized to~~ enter into an agreement with
tY
' g ty : ~d-of Commissioners, chief elected off cial of
HUD. The Cha~~::~of.the Qran e Coun ~~a~~ 1
the Lead Ent acting °on behalf ~`~f'~JHC, isauthorized to submit an application for
funding under~~~he federal HQME Program, consitent with the approved HQME program
design for each year. The1~~~County, as Lead Entity, is authorized to enter into agreements
witk~:_:: nova-profit organizatio~.s ~;:receiving~`~1fu~ding under an approved HQME program
::.
s; ..
de., ign. ,.. . .
The ~~~County and T`oWns mutually agree that the County as Lead Entity shall assume
overall ~responsibility~ for ensurng~~hat the QHC HQME program meets the requirements
concernirag~the Consa~'dated Plan is accordance with HUD regulations in 24 CFR Parts
92 and 91, ~respectively~~_~ and the requirements of 24 CFR 92.354~a} ~5}; and further,
ensuring that `the ~H HQME program is carried out in compliance with the
requirements of the- .ct, the Regulations and the Federal Program Requirements. The
Towns agree to assist the County in maintaining compliance with the Act, the
Regulations, and the State and Federal Program Requirements for the full compliance
period, extending to and continuing beyond the expiration of this Agreement.
G. if any new entities join QHC, the County as Lead Entity agrees to notify HUD in writing
and to provide a copy of the authorizing resolution from the new members' governing
body and an amendment to this Agreement signed by the chief executive officer of the
new member. The County, as Lead Entity, is authorized by this agreement to amend this
Agreement an behalf of the entire consortium to add new members to QHC.
l
H. The County and the Towns mutually agree that the aHC's HOME program will provide
fair and ample opportunity for all members of the consortium to access the funding
brought to it in an amount that shall be determined by the State, and that the County and
Towns shall be given ample opportunity to comment on and approve the distribution of
all funding made available through the aHC.
I. The County as Lead Entity will f Hance the costs of administering the HOME Program
for aHC to the extent of appropriations. The County shall establish the HOME
Investment Trust Fund as specif ed in 24 CFR Part 92.500, and will participate in the
Integrated Disbursement and Information System and other accounting and compliance
procedures as required by HUD. ~ ; -~ ~ , .
J. If local matching funds are required by HUD, the~~ County and Towns mutually agree that
the matching funds shall be provided in accordance with the following formula:
1. Urange County -- 39
2. Town of Carrboro -- I S%
3. Town of Ch apel Hill -- 41
4. Town of ,~Iillsborough ,~- S~
This formula is based opt the population of the member jurisdictions according to the
2010 Census and shall be recarcr~lated wne year follo~ving~each decennial census.
I. HaME funds, invested i~-affordable~;h~using shalt°~be, repaid if the housing does not meet
the afforda~b~~l~ty requirements of Section 92.252 and Section 92.254 of the Regulations or
if the housing ceases to qualify as affordable housing before the period of affordability
exprc:;;.:,:If: IUD, ir:.a ,. .
ccard~ance:..w,ith Sectia.~92.503 of the Regulations, requires OHC to
::.
re .a
HOME~~funds ,
. ~ ~ ~ ., awarded the ~ County and Towns agree that the payments will be
~~triade in accordance with~the formula specif ed in Paragraph H of this Section.
J. Any re~:yment of HOME funds `loans or other program income generated from funds
received through the H~JME program, shall be returned to the HOME Investment Trust
Fund established by the.'~~Lead Entity and reallocated by the OHC Program Council during
the next HOMES ::program design process following receipt of the repayments or other
program income, ~ ::to:~~ the extent allowed by the Regulations and Federal Program
Requirements.
K. The County and Towns agree to comply with all Regulations, Federal Program
Requirements, and OHC HOME program design features and requirements.
L. This Agreement shall be executed by the appropriate off cers of the County and Towns
pursuant to authority granted them by their governing bodies.
M. To the maximum extent permitted by law, each Town which is a party to this Agreement
shall indemnify and hold harmless the County and other Towns, and their officers,
officials, and employees, from and against any and all costs, damages, liabilities, claims,
U
losses, judgments or expenses, including reasonable attorneys fees, arising in any manner
from or as a result of any activities by or on behalf of the Towns under this Agreement
other than as provided for in Paragraph Z of this Section, provided, however, that nothing
in this paragraph indemnif es and holds harmless the County and other Towns from and
against any costs, damages, liabilities, claims, losses, judgments or expenses, including
reasonable attorneys fees, arising in any manner from or as a result of negligent acts or
omissions of the County, and other Towns or their officers, off cials, and employees.
Likewise, the County shall indemnify and hold harmless the Towns, and the Towns'
officers, off cials, and employees, from and against any and all costs, damages, liabilities,
claims, losses, judgments or expenses, including reasonable attorneys fees, arising in any
manner from ar as a result of any activities by. ar:~on behalf of the County under this
Agreement other than as provided for in Parag~a~h ~ of this Section, provided, however,
that nothing in this paragraph indemnif es. and ~:holds '`harmless the Towns from and
against any costs, damages, liabilities, clams= losses, judgments or expenses, including
reasonable attorneys fees, arising in any `rnanner~~~rorri or as a~~result of negligent acts or
omissions of the Towns, or the Towr'~~ ;off cers, off cials, and employees.
N. The County and Towns certify that they Will adhere to all federal .and state regulations
pertaining to the disposition. , of real property~~if any real property is acquired by the
County or Towns wltl~ ~ ~~fu~ds ,, authorized under the Federal HOME Program
Requirements. ~~ ~ ~ -: .
:,.:.
...
,..:.. ~n act .....:~.,.
0. This Agreemen~sh~:~~ be construed ' o~dance with`and governed by federal law and
by the laws., o~ the ~ State of North:atolina no~.;inconsistent with federal law. Any
litigation at~sing out of ~ this Agreerrient shall ~~be~' brought in courts sitting in North
Carolina., with venue in Change County::::.,. , ,,
.... ..
P. Thy ~Agreeri~e~~, shall b.e ~~amended ~by~mutu`aI agreement of all parties in writing,
Q. CHC`and the parties to this agree~ent are bound by the terms of this Agreement for the
purpose ~ of participating in the ~ Federal HOME Program and agree to cooperate to
undertake ~o~, to assist iri~~~undertaking housing assistance activities for the Federal HOME
Program, and~~agree to ~~ceive funds as authorized in the Federal Program Regulations.
~n the event OHC.: qua~~f es as a Federal HUD Consortium, the parties of this agreement
will consider any additional amendments to the Agreement necessary to apply for funds
under the Federal Program Requirements.
R. The County and Towns agree to cooperate in the implementation of the Federal and State
Programs and to cooperate in the preparation of the Consolidated Plan in accordance with
HUD regulations in 24 CFR Parts 92 and 91, respectively, and the requirements of 24
CFR 92,350 ~a~~5~. The County and Towns shall ~ execute and submit the required
certifications, and shall prepare and submit its plan for monitoring compliance with the
Consolidated Plan.
S. Zn accordance with the Act and the Regulations, each member of the Orange County
HOME Consortium composed of the County of orange, the Town of Carrboro, the Town
9
of Chapel Hill, and the Town of Hillsborough, certifies that it will direct its activities to
the alleviation of housing probleims within Orange County, that it will affirmatively
market HOME-assisted housing as defined in Section 92.3 51 of the Regulations and will
aff rmatively further fair housing in accordance with applicable federal and State laws
Section IV. Execution
A. The County and Towns have signed this Agreement, and all governing boards have duly
approved this Agreement and pursuant to such approval and the proper off cials having
signed this Agreement, the parties hereto agree to be`bound by the provisions herein set
forth. The terms and provisions of this Agreement are ``authorized by applicable laws and
regulations.
10
The County and the Towns have authorized this Agreement to be duly executed under seal and
have set their hands and seals on the day and year specified below.
TOWN ~F CARRB~R~
ATTEST.
Steven Stewart.
Town :tanager ~ :
NORTH CAROLINA ~ : .... ........--
~RAN~E COUNTY ~ .
This is to certify that on this day personally came before me ,
with whom Z am personally acquainted,~~~and being,; by me duly sworn, says that Steven Stewart is
the Town Manager, and :that, she the said ..: , is the Town Clerk of
the Town of Carrbo~o, the municipal ~orp.oration named within and which executed the
foregoing instrument;; ghat she knows the common seal of~~said corporation; that the seal aff xed
to said instrument is said. common seal; that the.name of corporation was subscribed thereto by
~~ anager and, that the: said Town l1
the said ToWn::.M anager and said Town Clerk
. :..:. ~:~:.... Y
.~ ..
subscribed'~~~their na :... beret ~ ~ . ..
mes
~~~ a:: and sand cornmon~` seal was affixed, all b order of the Baard of
Aldermazz: of the Town of Car~boro and that said instrument is the act and deed of said
corporatron~~ ` ~. .. ,
witness my„hand and notarial seal, this the day of , ~0
Notary Public ~ .
My Commission expires:
~o
11
TGwN GF CHAPEL HILL
NGRTH CAROLINA ... ~-:
GRANGE CGUNTY
. .
This is to certify that on this day personal~y~.came::before me ,
with whom Z am personally acquainted, and being by :~rie duly sworn, says that Roger Stancil is
the Tawn Manager, and that he the'said . , ~ , is the Town Clerk of the
Town of Chapel Hill, the municipal corporation named within and ;which executed the foregoing
instrument; that she knows the common, seal of said corpora~to ~~~that the seal aff xed to said
instrument i s said comrroh'seal; that the name : of ~co~po~ation vas subscribed thereto by the said
Town Manager and, that the said Town Manages and said.::. ~~. Town Clerk subscribed
their names hereto: ~~`arid. said common seal was. affixed, a~~X ~ by order of the Town Council of the
Town of Chapel Hill and that said-instrument is~~the act and deed of said corporation.
x~iess m hand and notarial seal; this,t~:e° day of , 20
Notary Public : ..: -
My Commission expires: ~ ..
~~
~z
TGwN GF HILLSBGRGUGH
Eric Peterson
Town Manager
ATTEST:
NGRTH CARGLINA
GRANGE C GUNTY ~ : ~ ~ ~ ~, ...
This is to certify that on this day personally came before me ~ ,
with whom ~ am personally acquainted, and berg by me, duly sworn, says ~ that :::Eric Peterson is
the Town Manager, and that she the said ~ ~ ~~ ~~ ~ , is :the Town Clerk of
the Town of Hillsborough, the municipal corporation ~narrled within and which executed the
foregoing instrument; that she kn~ows~ ~~he common seal"'of ,said corporation; that the seal aff red
to said instrument is said common seal; that:~he name of corporation was subscribed thereto by
the said Town Manager and that the said TawnManager ands said Town Clerk
eal was affixe` ~ all by order of the Town Board
subscribed their names„hereto~and said cornmon~~~s ~ ~ d,
of the Town of Hillsborough an~d,,that said ins~~ument is tlae:`act and deed of said corporation.
Witness my hand and notar%al seal, this `the day of . , 20
Notary Public ...
My Commission `expires:
~.2
13
ORANGE COUNTY
Frank W. Clifton, Jr.
County Manager
ATTEST:
NQRTH CAROLIlVA
... . ,
..,.
,:
GRANGE CQUNTY
This is to certify that on this day pero~ally came before Donna Baker, with whom I am
personally acquainted, and being by me duly ~ sWarn, says that Frank W. Cl ftori is the County
Manager, and that she the sand Donna Baker, is the Clerk to the Board of C~mnaissioners of the
County of Orange, the body politic and corporate-named within and which executed the
foregoing instrument; that she knovus` the, common seal ~~of said County; that the seal affixed to
... .
said instrument is said common
seal; at the.name of corporation..,was subscribed thereto by the
~h .....;...
said County Manager and that the said' C,ounty'Manager and ~said~ Donna Baker subscribed their
. ;; . .... ' died;, all by or
names hereto and said:::°~~coinmon seal was aff ~ der of the Board of County
Commissioners of a~arge County, and that ~sa%~ instrument, ;is the act and deed of Orange County,
Witness my hand'and nota~~al seal, this ~l~e day of , 24
.~,.
. ~ Notary Pubic ~~
My Commission~e~pires:
~~