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HomeMy WebLinkAboutAgenda - 05-21-2002 - 9c ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 2002 Action Agerga Italian Nu. SUBJECT: Orange County HOME Consortium Agreement DEPARTMENT: Housing/Community Dev. PUBLIC HEARING: (YIN) Np ATTACHMENT(S): INFORMATION CONTACT: Resolution Tara L. Filets,ext. 2490 HOME Consortium Agreement TELEPHONE NUMBERS: Hillsborough 7324181 Chapel Hill 968-4501 Durham 6884331 Mebane 336-227-2031 PUi o adopt a resolution authorizing the execution of a HOME Consortium Agreement for the period July 1, 2002 through June 30, 2005. BACKGROUND: In August 1992, the Orange County HOME Consortium was formed by mutual consent of the towns of Conbom, Chapsl Hill, and Hillsborough and Orange County. The County is designated as lead entry and thus responsible for program administration. At that time, the elected bodies of the member governments approved a Consortium Agreement. Renewal agreements were executed in June 1996 and August 1999. It is now time to renew the current agreement for another three year period (July 1, 2002 through June 30. 2005) in order to continue to participate in the HOME Investment Partnership Program. The HOME Program Review Committee, comprised of the Manager or his designee and one elected official from each jurisdiction, has discussed renewal of the HOME Program Consortium Agreement and a new Agreement has been prepared which is in the forth of the Original Agreement and subsequent amendments and renewals with one exception in Section III. Paragraph H. The percentages for matching funs have been recalculated in accordance with Census 2000 population figures, thus yielding different percentages. The difference is as follows: Previous Match Percentage Emispaed Match Percentage Orange County 42% 40% Cariboro 12% 14% Chapel Hill 41% 41% Hillsborough 5% 5% The Affordable Housing Advisory Board has also reviewed the Agreement and had no comments. 2 The renewal HOME Consortium Agreement is due to the Greensboro office of HUD by June 30, 2002. The document must be approved and executed by all member governments prior to submission to HUD. The towns of Canbom, Chapel Hill, and Hillsborough are scheduling approval of the document during the next thirty days. The Agreement has been forwarded to the County Attorney for his review and approval prior to submission to the HUD office. FINANCIALIMPACT: Execution of the document will enable the Orange County Consortium to continue to receive an annual allocation of Federal HOME funds that have averaged $40l per annum in recent years. Past funding allocations include: FY 1999-$437,000; FY 2000- $437,000; and FY 2001 - $438,000. RECOMMENDATION(S): The Manager recommends scenting a resolution authorizing the execution of a HOME Consortium Agreement for the penod July 1, 2002 through June 30, 2005, and future agreements for future periods not metenally different from the July 1,2002 to June 30, 2005 agreement by the County Manager upon approval by the County Attorney. O RESOLUTION AUTHORIZING THE EXECUTION OF A HOME INVESTMENT PARTNERSHIP(HOME)PROGRAM CONSORTIUM AGREEMENT WHEREAS, on June 29, 1992,do Orange County Hoard of Commissioners approved participation of the Connote in dm Orange(nanny 1JOSE Consul and WHEREAS, the 'Lawns of Carbon, (Teasel Hill, and Hillsbcough and Orange County are currently members of the Orange County HOME Consortium established on on about August 3, 1992:and WIEREAS,the consent OaogC County HOME Continuum Agreevrent expecs on June 30,2002; and WHEREAS, the Olsngc COUnq HOME Consortium desires N contain; m he considered for eligibility under the federal I TOME PMq,m operated by( C U.S. Depamnent of Housing and Unbar Development as autboGecdnnder are Notional Alhrzd able Horsing Act,as amended; NOW THEREFORE BE IT RESOLVED, that the Orange County Board of Cummiasicners outbmrses the County Manager to execute the approved HOME Carshortium Agreetnrsll for the period July 1, 2002 to .June 30, 2005, and Sarre agreements for All periods tent maternally different from We July 1, 2002 to June 30,2005 agreement, subject ro approval as to form by the County AtNmcy. This the I Stb day ofMay 2002 4 NORFH CAROLINA ORANGE COUNTY Orange County HOME Consortium HOME Investment Partnership Program Consortium Agreement THIS AGREEMENT trade and entered into by and among the County of Orange(hu'eir aGer "County"), the Town of Cambrian the Town of Chapel Hill, and the Town of Hillsborough (hereinafter "Tow s"), each being a se oral local governments] unit of the State of North Carolina,and Is made pnrsuan[to NorO(zmllea Statutes,Artidc 20 of Chapter 160A. WHEREAS, County slid Towns agree that it is dcshable and in the interests of their citizens to are approval by the federal government to be considered a sortium under the federal sloe cram n s a n HOME Flounder operated by rho tee Department of Housing and 1the Development ez amhorizcd radon the HOMO Act ad 1990. Partnership Ac[, Tile IT of the Cmnsfontionzelez Nedonel Affordable Housing AU df199q asamcndcd; ' NOW,THEREFORE,the County and the Towns agree as follows'. Section 1. Deliuithar; 'I he definition contained in 24 CFR fat 92, Subpart A,paragraph 92.2 are iueorpomted herein by reference and made a part hereof, and the terms defined In this section have the following mcaninga given them'. A. "Aft" means Title II of the Cmnston-Gonzalez National Affordable Horning Act, as mended (42 usC. 12]01 et nich). e. 'Consolidated Play" mends the Consolidated Plan for Housing and Community Development Programs as established in the Act and prepared and adopted by the Counts, and Towns, as slncnded ftom time to time The Plan describes the floods, resources, priorities and proposed activities to be undertaken with respect to HUD proposals, utcludiag the HOME Perform. C. "Federal HOMO ITOgam" means a parasol established for the use of funds made vaildble from 1[I9 through the Act to carry out multi yen,housing strategies through asistaore m first time heal yae and existing homeowners, prope[ty aogtysitiep, rehabilitation and new constriction of housing site improvements, tcnent-hased rental assistance, demolition, relocation expenses and other reasonable and necessary expenses related to the development of affordable housing. D, "HUD"means the Lrdted States Department of Housing and Client Development. E `Rogulatici s" means 24 CPR Part 92 HOME Investment Partnerships Program Implementing Regulations as issued by HUD. F. "Federal HUD Consortldaf' means a consortial of units of general local govemmems bound by the terms u[e HOME Investment Pannsa chip Axe Consortium Agreement for the purpose of padieipating in the Federal HOME Program and receiving funds as authorized in the Federal Program Rgaiddoom. O. "Federal Program Requirements" means documents issued by the U.S. Depaflnmot of Housing and Urban Development describing the regulatiora and requirements of the DOME Program in order for fiords to be awarded In Participating jurisdictions as authorized in the Act. Section 11.Purpose This ASrothnan is to form a Consortium of units of general local government within Orange County far designation as a Federal HUD Comartum under the Act and the Federal Program Requirements of the Act The food Conwtium is known and hereinafter may be referred in as the Charge County HOME Consortium(Lueinafter"OHC'). Secl'on 111.Agreement. A. The Icrm of this Agreement teeing with the perceive date of July I, 2002 and reds loan 30, 2005. Subject to the requimnten, of Pamgnrph D of this Seetion, the County and Towns agree that the terms of this Agreement cover the period necessary to carry out all activities that will to funded firm Ponds awarded during three federal Fiscal years(2003, 2004, 2005) and that all members of OHC will remain in OHC for dre entire priced_ The Ageraflo of remains in effect until the HOME funds from each of the fulerel fiscal years of the qualification period me closed Out financier to 24 CPR 92.507. B_ The (II IC Program Review Convince is announced to provide policy oversight Pof humming, operations, and mmention of OW and the HOME Program. The Manager or his/hu designee from each participating anit of local govemmenr and out (1) doted official from eachjunsdlctlon shall he a member. The OHC Program Review Committee shall prepare a proposed HOME program design cacti year and consortium program application to HLD. to compliance with the Act, the Regulations and the record Program Requirements, including rtallowtion of any funds from previous years not expended or any repayments or other program income consistent with this Section. Each year's proposed HOME Program design and the consortium program application should be consistent with tee Consolidator Plan Each year's program design shall be subject to the approval of cacL consortium member's elected board. The proposed HOME program design will define a stmtorry in sufficient detail to accommodate the collective and individual needs and pr earl or the Chanty and Tower; The ORC Program Review Cemmhtee :Call elan review dre Consolidated Plan Update each year and any amendment; needed, and pattern dose changes and amendments to each coesorlium member's elected board for approval and submission to HUD and to the State. All oomvrtiom members must approve the HOME progren design and any Consolidated Plan amendments prior to their submission to IIED. C The County and Towns mutually after that the County shell act as the Load Entity in a apascnmdve capacity for all mcmbcrs ofOHC for the Purposes of de Act and as fuller 6 defined in the Federal Program Requirements for funding provided adroitly by HOD. The County, in its capacity as ]cad entity, is authorized to enter into an agronmcnt with HIfD. The Chairoftue Orange County Board of Commissioners,eMefelesead erected of the Lead Entity, acting un behalf of CHU, it mannered to sul an application for funding under the federal HOME Progevty conslstemwith the approved HOMF.Frogman design for each year. The County,as Lead Entity,is authorized to enter into agrecmenm with non preflt organizations receiving funding trader an approved HOW program design. D. The County and Town; mutually agree that the County as Lead Entity shall assume Overall responsibility for ensuring that the OHC HOME program meets the requirements depending the Consolidated Plana accordance with HUD regulations In 24 CFA Pans 92 and 91, respectively, and the equlremeres of 24 CFR 92.350(a)(5); and further, ring that the OHC HOME program is carried out ompliance with the requirements of the An, die Regulations and be Federal Program Requirements. The Towns agree to assist the County in maintaining compliance with Nc Act, Nc Regulations, and the state and Federal Propiam Requirements for the fun compliance period,extending to and continuing beyond the expiration Of"ls Agreement. F, If any new entities join OTTC,the County as Lead Entity agrees t0 notify HUD in writing and to Provide a copy bf the annual resolution more the new members' governing body and an amendment to this Agreement signed by the chief executive officer of the miss umber. The COwny,as Lead Entity, is authorized by this agreement m amend this Agreement an behalf of the entire consortium to add new members to OHC. F The County and the Towns mutually agree that the Of 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 Clsnnty and Towns shall be given apple opportunity to comment on and approve the distribution Of all funding made available through the OHC. O. The County as Lead Eadty will bounce We caste of administering the HOME Program for OHC to the extent Of appmprarri ns. The County shell establish the HOME Investment 'Cruat Fund as specified in 24 CFR Part 92.500, and will participate in the Cash Management Informal System and other accounting and compliance procedures as required by HUD. 1t. HlOod matching funds arc required by HUD,the County and Towns mutually agree that the matching funds shall be provided in accordance with the following fommlm 1. Orange County--40% A Towntif Cndboro— 15% 3. Town of Chapel Hill--41% 4. Town of Hillsboral--5% L HOME funds invezmd in affordable housing shall be repaid if the housing does not meet the affordability nquiroul ref Section 92252 and Section 92.254 of the Regulations or if the housing ceases to quality as affordable housing before the pound of affordability expires. If AL 0, in several with Section 92.503 of the Regulations,Inquires 01 C to repay HOME funds awarded, the County, and Towns agree LLat the payments will be made in acwNaime with the domain specified in paragraph 11 of this Section. L Any rail of HOME funds, loans or other program income generated from foods received through the HOW Program, shall be reformed to the HOME Investment Trust Lund established by the Lead Entity and reallocated by the OHC Program Cannel during the next HOME program design process following reoccur 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, Fedcxal Program Romimmings,and OHC HOME program design features and requirements_ L. This Agreement shall be executed by me appropriate officers of the Comity and Towns pwsuaiil 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 nationality and hold harmless Use County and robot Towns, and their ephcros, officials, and employees, firm and against any and all wets, damages, liabilities, alumina, loses,judgments or exporters, including reasonable moral fees,arising in any manner from or as a result of any activities by or on behalf of We Tawas under this Agreement other than as provided for in Paragraph I of this Section, provided, however,that nothing in this paragraph indemviftes and holds hamrless the County and other Towns from and against any costs, damages, liabilities, clan s, losses,judgments oh expenses, ncluding reasonable inter a fees, onslvg in any manner from or as a result of negligent now or omissions of the County, and other Towns or their officers, officials, and employed. LiAzuse, We County shall Indemnify and hold harmless the Towns, and the Towns' officers,officials,and employees, team and against any and all even, damages, liabilities, claims,losses,judgments or expenses, including oasonnble attorneys fees, arising in shy cr from esult of any activities by or n behalf of the County under this m Agcmimt other than as provided for Iv Paragraph I of tltis Sector, provided, however, that radial in this paregaPh indemnities and holds hamdcss the Towns from and against any costs, damages, liabilities, claims, losses, jndgmcnle or expenses, including inexorable atmmeys fees, at sing In any manner from or as a result of negligent act or ov n-scions of the Towns, or the Town's otFwrs,officials,and employees. Y The County and I nwnn certify that they will adhere to all federal and state reptilian& pertaining to the disposition of real property, if any real property is acquired by the County or Towns with Rinds authorized under the Federal HOME Program Requhements. 0. This Agreement shall be construed in accordance with and governed by federal law and by the laws of the State of North Carolina not inconsistent e51h federal Iaw. Any litigation arising out of this Agreement shall be brought in courts sitting in North Caroline,with verme In Orange County. P. This Agrecmem shall be amended by mutual agreement of all panics in writing. (Z. OHC said the parties to this agreement are hound by the terns of this Agreement for the purpose of participating in the Federal HOME Program and agree to cooperate to undertake or to assist in undertaking housing assistance activities for the Federal I IOM F Program and agree to receive funds as authorized in the Federal Program Regulations. In the event OHC qualifies as a Federal HIM Consortium, @c parties of this agreement will consider use additional amendments to the Agreement necessary to apply for leads 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 HIT) regulations in 24 CPR Parts 92 and 91, respectively, and the reyuirements of 24 CFR 92350 (a)(5). 'Ihe County and towns shall execute and submit the required certifications, and shall prepare and submit its plan for members compliance with the Consolidated Plan. S. In donedievicwith the Act and the Regulations, each member of the Orange County HOME Cmani lnm composed of The County of Orange,the Town of Carboni, the Town ofChopul Hill, and the Town c Hillsborough cutifies that it will direct its activities to the alleviation of housing problems within Orange County, that it will affirmatively nrbet HOME assisted housing as defined in Section 92 351 of the Regulations and will affirmatively further fair horsing In accordance with applicable federal and State laws. Section IV Execution A. The County and Towns have signed clans Agreement, and all governing bawds have duly approved this Agreement and pursuant to such approval and the proper offlands having signed this Agreement, the parties hereto agree to be bound by the provisions here set fish. The nor ms and provisions of this Agreement are autborzed by applicable laws and regulations. 9 The County and the Tows 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 OF CARRBORO Robed Morgan Town Manager ATTEST: NORTH CAROLINA ORANGE COUNTY This a In certify that on this day personally came before me with whom I am personally acquainted,and being by rim duly sworn, says that Robert Morgan is the Town Manager, and that she the mid is the'lown Clerk of the Town of Caerborq the m nicipal ammulaian named within and which executed the foregoing instrument; that she knows the common seal of said eorponton; deal mo seal affixed to said instrument is said common seat, that the name of corporation was subscribed thereto by the said Town Manager and that the said Towhh Managur and said Town Clerk subso bed Their names hereto and said common seal was affixed, all by order of the Board of Alfieri of the Tnmh of Cairbaro and that said antmmant is the act and deed of said corporation. Witness my hand and notonal seal,this the day of , PU Notary Public My Commission expires: 10 TOWN Of CILAPEL HILL W. Calvin Hardin Town Manager ATTEST; NORTH CAROLINA OIU%NCE COUNTY This ;a to certify that on dlla day pemon illycane before me with whom I am personally acquainted and being by me duly sworn, says that W. Calvin Barton is the Town Manager, and that he the said _ _ , is the Town Clerk of the Town or Chapel hill, the municipal corporation named within and which assailed the foregoing Insnrnnan; that she knows the common seal of said corporation; that the seal affixed to ins iustmment is aaid continua seal, but the name of corporation was subscribed thereto by the aaid Town Manger and that the said Town Manager and said Town Clark subscribed their names hereto and mid common seal was affixed, all by order of the Town Council of (lie Town of Chapel Hill said that said istrumant is the act and decd of said corporation. Wildness my hand and notarial asa.this the_day of ,20 firmly Public My Commission manes TOWN OF HILLSBOROUGH Eric Peterson Town Manager ATTEST: NORTH CAROLINA GRANGE COUNTY This is to oerlity that on this day personally came before me with whom i am personally acquainted, and bung by me duly award, says that Lrio Pememn is the Town Manager, end that she he Saint is the Town Clek of the Town of Hillsbnrough, the n inlcipal corporation named within and which executed the Foregoing uyliamon4 that she (mows the mention seal of said corporation; that the seal of ixcd to said insurmmet is said Semmon seep, that he name of corporation wee subscribed thereto by the said Town Manager and that the said Town Manager and said _ Town Clerk subscribed their es hereto and Said common eal was affixed,all by orderof the Town Hoard ofthe Town of Hillsborough and that and dismimeor is the act and deed of said coryorztum Wltimss my hand and nnmnal seal,this the_day of ,20 Vataty RrhliC My Commission expires: ORANGE COUN'J'Y John M. Link,A. COaelty-Manager ATTEST:' NORTH CAROLINA ORANGECOUNTY Phis is to mortify that on this day personally name before me Beverly A. Blythe, with wheat 1 am personally acquainted,and being by me duty swam_say that John M. Link,Jr. is the County Manager, and that she the said Beverly A. Blyhe, is Me Clerk to the Board of Convnissionera oftheCoun y of Orange, the body politic and cornoratenamed within andwhich seated the foregoing inatrumenq Mat she knows the common seal of said County, that the swal ethical to said instmmeot is said common seal, that the name of nomination was subscribed thereto by the said County Manager and mck the said County Manager and said Beverly A, Blythe subscribed their names hereto and said common seal was affixed, all by order of the Board of County Cnmmisioners of orange County and that said instrument is To all surd decd of Orange Conroy. Witness in,, hand and notarrid seal,this the day of ,20 Noury Public My Commission Caprivi'.