Resolution No. 20-30 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 20-30
A RESOLUTION TO JOINTLY ACCEPT CDBG ENTITl E-N EI\T WITH WASHINGTON COUNTY
AND REMAIN A HOME.CONSORTIUM MEMBER
WHEREAS, The City of 'Tigard has been notified of its eligibility for entitlement in the Community
Development Block (CDBG) grant program during the Urban County Requalification Period;and
WHEREAS,The City of Tigard has been a member of the Washington County CDBG consortium since its
inception;and
WHEREAS,Full entitlement in the Federal CDBG program requires significant administrative overhead;and
WHEREAS,Washington County has demonstrated the capacity to administer funds efficiently and effectively;
and
WHI;RJ"AS,The City Council desires to utilize a portion of its entitlement amount more flexibly and
consistently through a non-competitive process,in accordance with the recommendations of its adopted
Affordable Housing Plan;and
WHEREAS, The City Council on April 21, 2020 approved a joint entitlement Operating Agreement with
Washington County that sets out the tcrms of the City's continued participation in the consortium and on the
Policy Advisory Board; the City's allocation and means of annual disbursement; and the administration of the
program;and
WHEREAS, the Department of Housing and Urban Development requires an Intergovernmental Agreement
for CDBG joint entitlement as well as participation in the HOMI;program, as well as a resolution by motion to
convey the city's intent to accept joint entitlement.
NOW,TI IERElaORE,BE I'T RESOLVED by the Tigard City Council that:
SECTION 1: The City Manager is authorized to sign the Intergovernmental Agreements for CDBG joint
entitlement and participation in the HOME consortium, attached to this resolution in
substantially the form as Exhibits A and B.
SECTION 1: The Council directs the City Manager to provide notice to the HUD office in Portland of its
intent to accept joint entitlement status, as outlined in a letter provided to the city dated May
20,2020.
SECTION 3: This resolution is effective immediately upon passage.
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PASSED: This day of /7 2020.
RESOLUTION NO.20- Q
Page 1
9--� ^1-WI..
Mayor-City of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO.20- 30
Page 2
WASHINGTON COUNTY
AND CITY OF TIGARD
JOINT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(YEARS 2021 -2023)
This joint Agreement is entered into between Washington County ("COUNTY"),
a political subdivision of the State of Oregon and the City of Tigard ("CITY"), a
municipal corporation of the State of Oregon located within Washington County, for the
cooperation of units of local government under the authority of ORS 190.010.
I. RECITALS
WHEREAS, the Congress of the United States has enacted the Housing and
Community Development Act of 1974 ("THE ACT"), the Housing and Urban/Rural
Recovery Act of 1983, the Housing and Community Development Act of 1987, the
National Affordable Housing Act of 1990; and
WHEREAS, Congress has declared that the nation's cities,towns and small urban
communities face critical social, economic and environmental problems; and
WHEREAS, Congress has further found and declared that the future welfare of the
Nation and the well being of its citizens depend on the establishment and
maintenance of viable urban communities as social, economic and political entities;
and
WHEREAS, the primary objective of the Act(s) is the development of viable urban
communities, by providing decent housing and a suitable living environment and
expanding economic opportunities principally for persons of low and moderate
income; and
WHEREAS, the parties to the Agreement are dedicated to the elimination of slums,
blight and the prevention of blighting influences and the deterioration of property; the
improvement of neighborhood and community facilities of importance to the welfare
of the community, principally for persons of low and moderate income; and
WHEREAS, the parties are dedicated to the elimination of conditions which are
detrimental to health, safety and public welfare, through code enforcement,
demolition, interim rehabilitation assistance and related activities; and
WHEREAS, the parties are dedicated to the conservation and expansion of existing
public housing stock in order to provide a decent home and a suitable living
environment for all persons but principally those of low and moderate income; and
WHEREAS, the parties are dedicated to the expansion and improvement of quantity
and quality of community services,principally for persons of low and moderate
INTERGOVERNMENTAL AGREEMENT Page 1 of 7
income,which are essential for sound community development and for the
development of viable urban communities; and
WHEREAS,the parties are dedicated to a more rational utilization of land and other
natural resources and the better arrangement of residential, commercial, industrial,
recreational, and other needed activity centers; and
WHEREAS, the parties are dedicated to the reduction of the isolation of income
groups within communities and geographical areas and the promotion of an increase
in the diversity and vitality of neighborhoods through the spatial de-concentration of
housing opportunities for persons of lower income and the revitalization of
deteriorated neighborhoods; and
WHEREAS, the parties are dedicated to the restoration and preservation of properties
of special value for historic, architectural or aesthetic reasons; and
I
WHEREAS,the parties are dedicated to the alleviation of physical and economic
distress through the stimulation of private investment and community revitalization in
areas with population outmigration or a stagnating or declining tax base; and
WHEREAS,the parties are dedicated to the conservation of the Nation's scarce
energy resources, improvement of energy efficiency and the provision of alternative
and renewable energy resources; and
WHEREAS,the parties desire to join together to meet the criteria for an urban county
in order to qualify to receive funds to meet each of these national objectives,
NOW THEREFORE, in consideration of the mutual promises and benefits given and
received within this Agreement, the parties agree to each and every term contained
below:
H. MUTUAL COVENANTS
1. The City acknowledges it is eligible to receive assistance as a"metropolitan city"
in its own right, but elects to be included as part of the urban county for purposes
of planning and implementing a joint Community Development and Housing
Assistance Program.
2. The City and the County agree to cooperate to undertake, or assist in undertaking,
community renewal and lower income housing assistance activities.
3. The parties agree that this Agreement covers the CDBG Entitlement program and
the Emergency Solutions Grant(ESG)program.
4. The parties agree to take all actions necessary to assure compliance with the urban
county's certification required by Section 104 (b) of Title I of the Housing and
Community Development Act of 1974, as amended, administered in accordance
with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and
INTERGOVERNMENTAL AGREEMENT Page 2 of 7
affirmatively furthering fair housing; section 109 of Title I of the Housing and
Community Development Act of 1974,which incorporates Section 504 of the
Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act,the
Age Discrimination Act of 1975,Section 3 of the Housing and Urban
Development Act of 1968; and other applicable laws. The parties further agree
that no urban funding shall be provided to City under this agreement for any
activities in or in support of City if City does not affirmatively further fair housing
within its own jurisdiction or if City's activities impede the County's actions to
comply with the County's fair housing certification.
5. Both parties agree that the County has the final responsibility for selecting
CDBG,HOME, and ESG activities and annually filing required documents with
HUD.
6. Both parties agree the grant amount received under the Act shall be the sum of the
amounts authorized for the individual metropolitan City and urban County; and,
the County becomes the grant recipient.
7. Both parties agree to enter into subsequent agreement(s), as necessary,to
establish and define program operational policies.
III. CITY COVENANTS
1. The City expressly agrees that as the cooperating unit of general local government
it has adopted and is enforcing the following requirements of law:
1.1 A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil
rights demonstrations; and
1.2 A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject of
such non-violent civil rights demonstrations within jurisdictions.
2. The City agrees that it is subject to the same requirements applicable to
subrecipients set forth in 24 CFR 570.501 (b).
3. The City agrees in order to participate as a subrecipient under the terms of this
Agreement it shall enter into a contract as required by 24 CFR 570.503.
4. The City agrees that the County as the recipient is responsible for ensuring that
CDBG,HOME, and ESG funds are used in accordance with all program
requirements. The County as recipient is responsible for determining the
adequacy of performance under subrecipient agreements.
5. The City authorizes the inclusion of its population for purposes of the Act, and
joins together with other units of general local government to qualify the County
as an urban county for Housing and Community Development Act block grant
funds.
INTERGOVERNMENTAL AGREEMENT Page 3 of 7
6. The City agrees it may not apply for grants from appropriations under the State
CDBG programs for fiscal years during the period in which it participates in the
urban county's CDBG program.
7. The City agrees that it may not receive either HOME or ESG formula allocations,
except through the County. Regardless of whether the County receives a HOME
formula allocation, City agrees that it may not form a HOME consortium with
other local governments.
8. The City agrees that it may not sell,trade, or otherwise transfer all or any portion
of such funds to another such metropolitan city,urban county,unit of general
local government, or Indian tribe, or insular area that directly or indirectly
receives CDBG funds in exchange for any other funds, credits, or non-federal
considerations, but must use such funds for activities eligible under Title I of the
Act.
IV.TERM OF AGREEMENT
1. This Agreement shall remain in effect for three Fiscal Years commencing July 1,
2021, and ending June 30, 2024,which shall constitute the urban county
qualification period.
2. This Agreement shall remain in effect until the CDBG, HOME, and ESG funds
and program income received(with respect to activities carried out during the
three-year qualification period, and any successive qualification periods under
agreements that provide for automatic renewals) are expended and the funded
activities completed.
3. The Agreement shall be automatically renewed for participation by the parties for
successive three-year qualification periods unless either party provides written
notice to the other that it elects not to participate in the new qualification period.
The parties agree to send any such notice to the HUD Field Office at 1220 SW P
Avenue, Suite 400, Portland,OR 97204-2825,upon such election.
3.1 The County shall send a written notice to the City advising of the City's right
to elect not to participate in the next automatic urban county qualification
period. The County shall send the notice to the City by the date specified in
HUD's Urban County Qualification Notice for the next qualification period.
County shall send a copy of the notice to HUD.
3.2 The failure by either party to adopt an amendment to this Agreement
incorporating all changes necessary to meet the requirements for cooperation
agreements set forth in the Urban County Qualification Notice applicable for
any subsequent three-year urban county qualification period, and to submit the
amendment to HUD as provided in the Urban Qualification Notice will void
the automatic renewal of subsequent qualification periods set forth in Section
IV.3 above.
INTERGOVERNMENTAL AGREEMENT Page 4 of 7
V. TERMINATION
1. This Agreement may be terminated by the County in the event funding is no
longer available; otherwise, neither party may terminate or withdraw from the
Agreement while the Agreement remains in effect
VI. ENFORCEMENT
1. The County is responsible for ensuring that CDBG, HOME, and ESG funds are
used in accordance with all program requirements. The County may use any
available legal methods to ensure compliance by the City.
2. The County is also responsible for determining the adequacy of performance
under all applicable subrecipient agreements and procurement contracts and for
taking appropriate action when performance problems arise, such as action
described in 24 CFR 570.910. The County may use any available legal methods
to ensure compliance by the City.
3. The County shall not distribute any CDBG, HOME, and ESG funds for activities
in or in support of the City if the City does not affirmatively further fair housing
within its own jurisdiction or acts in a manner that impedes the County's actions
to comply with its fair housing certification.
VII. POLICY ADVISORY BOARD
For the purpose of developing an annual Community Development Plan and Programs as
required by Title 1 of the Act, a Policy Advisory Board is hereby continued which shall
guide the plan and program development,make recommendations to the County upon the
criteria to be utilized in selecting eligible Housing and Community Development Act
activities within Washington County,and recommend to the County the program
priorities.
1. The Policy Advisory Board shall be composed of one representative and a
designated alternate from the County,the City, and each participating unit of
general local government. The County and City shall have one vote on the Board.
Jurisdictions shall appoint an elected official as a primary and an employee or
other public official as an alternate.
2. The Policy Advisory Board shall adopt bylaws, study,review,hold public
hearings, supervise the public review and information process, and recommend to
County on all matters related to the Housing and Community Development Act as
amended. Activities shall include making recommendations concerning the
Housing and Community Development Plan(Consolidated Plan) and annual
action plan(s); a five-year non-housing Community Development Plan;Fair
Housing Plan;performance reports; citizen participation plans; and, developing or
directing studies necessary to gather data or information on which to base its
recommendations.
INTERGOVERNMENTAL AGREEMENT Page 5 of 7
3. After public hearings,the Policy Advisory Board shall make final
recommendation on the Housing and Community Development Plan
(Consolidated Plan)which may be accepted by County at public meeting and
submitted to the Department of Housing and Urban Development as the
Washington County application;provided that, should all or part of the
recommended plan not be considered acceptable to the County, the Board of
County Commissioners shall hold at least one(1)public hearing on the plan and
program prior to rejection or amendment of the recommended plan. The County
shall be responsible for filing required documents with HUD.
4. Projects maybe implemented and funds expended in accordance with subgrant
agreements between the County and other jurisdictions signatory to this
Agreement.
INTERGOVERNMENTAL AGREEMENT Page 6 of 7
VIII. CERTIFICATION
The parties by the signatures below certify that the governing body of each party has
authorized entry into this Agreement.
IN WITNESS, the undersigned parties have executed this joint Agreement this
day of 2020.
WASHINGTON COUNTY CITY OF TIGARD
BY By
Chair,Washington County Board of
Commissioners
Title
Date (required)
Recording Secretary
Date (required)
It is my opinion that the terms and provisions of this Intergovernmental Agreement are
fully authorized under the State and local law and that the Agreement provides full legal
authority for the County to undertake or assist in undertaking essential community
renewal and lower income housing assistance activities.
Paul L. Hathaway III
Senior Assistant County Counsel
INTERGOVERNMENTAL AGREEMENT Page 7 of 7
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WASHINGTON COUNTY HOME CONSORTIUM
COOPERATION AGREEMENT AMENDMENT
Federal Fiscal Years 2021-2023
This Amendment is entered into between Washington County, Oregon,the City of Beaverton,
Oregon,the City of Tigard,Oregon and the City of Hillsboro, Oregon to amend and extend the
HOME Consortium Cooperation Agreement entered into by the parties for Program Years 2021 -
2023 for the purpose of participating in the HOME Investment Partnerships Program (hereafter
referred to as "HOME")of the U.S. Department of Housing and Urban Development("HUD").
RECITALS
WHEREAS ORS 190.010 authorizes the parties to enter into and or amend the HOME
Consortium Cooperation Agreement for Program Years 2021-2023 Agreement for the
performance of any or all functions and activities that a parry to the Agreement has authority to
perform; and
WHEREAS this Amendment is allowed by Section III.B and amends this agreement to
add the City of Tigard, Oregon as a party and a signatory to this HOME Consortium Cooperation
Agreement;
WHEREAS the HOME Program is a Federal grant program to assist local governments
with the provision of affordable housing for low and moderate income households; and
WHEREAS Washington County,the City of Beaverton,the City of Tigard and the City of
Hillsboro have jointly prepared and adopted a Consolidated Plan for FY 2020-2024 to guide the
utilization of HOME funds; and
WHEREAS Washington County,the City of Beaverton, the City of Tigard and the City
Hillsboro wish to participate in a HOME Consortium for the coming three (3)years (Program
Years 2021 -2023);
NOW, THEREFORE, the HOME Consortium members agree to amend and extend the
HOME Consortium Program Agreement for Program Years 2021 to 2023 follows:
I. DEFINITIONS.
A. "CHDO"means a Community Housing Development Organization, a private,
nonprofit organization that meets a series of qualifications prescribed in the
HOME regulations at 24CFR Part 92.2,which is entitled to least fifteen
percent(15%)of a HOME grantee's annual HOME allocation.
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT ]
i
B. "City Member" or"Member"means a jurisdiction which is signatory to this
Agreement and therefore a member of the Washington County HOME
Consortium.
C. "HOME Program"means the HOME Investment Partnerships Program
authorized by Title II of the Cranston-Gonzales National Affordable Housing
Act, as amended(42USC 12701 et.seq.).
D. "Policy Advisory Board"PAB"means the County's appointed committee
representing the County and non-entitled jurisdictions. The PAB makes
recommendations to the Board of County Commissioners on all matters,
including the selection of projects to be funded under the HOME, Emergency
Solutions Grant and Community Development Block Grant(CDBG)
Programs.
E. "City Project Selection Committee"means a City Member acting through its
elected officials or a group appointed by the city, to act on behalf of that
member to select eligible HOME activities,provided the City Member has
elected to exercise Option two under Section III. C. of this Agreement.
Otherwise,HOME activities shall be selected and recommended by the
County's Policy Advisory Board.
F. "Option"means the method of administration of HOME funds selected by
each member at the beginning of the term of this Agreement. The selected
Option shall remain in effect for the entire three (3)year period covered by the
Agreement.
G. "Representative Member"means the unit of local government designated by
the Washington County HOME Consortium to act in a representative capacity
as the Lead Entity for all members of the Consortium for the purposes of
administering the HOME Program.
H. "Washington County HOME Consortium"means the particular Consortium
operating under the terms of this Agreement consisting of Washington County
and its non-entitled partners, the City of Beaverton,the City of Tigard, and the
City of Hillsboro.
I. "City Set-Aside"means a portion of HOME Consortium funds initially
dedicated by the County to a City Member.
J. "Adjusted City Set-Aside"means the net amount of HOME Consortium funds
allocated to a City Member after appropriate consortium assessments have been
calculated and withheld from the initial"City Set-Aside."
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 2
II. ACTIVITIES
A. The Members agree to undertake or to assist in undertaking housing assistance
activities for the HOME Program in compliance with the adopted Consolidated
Plan.
B. The Members agree to affirmatively further fair housing in their jurisdictions.
Such actions may include planning, education, outreach, and enforcement
activities.
111. ADMINISTRATION
A. Washington County is designated as the Representative Member of the
Washington County HOME Consortium and agrees to assume overall
responsibility for ensuring that the Consortium's HOME Program is carried out
in compliance with the requirements of the HOME Program. Responsibilities
include meeting the requirements for the Consolidated Plan, in accordance with
HUD regulations at 24 CFR Parts 91 and 92 respectively. City Members agree
to provide needed information to the Representative Member to allow full
reporting and monitoring as described in 24 CFR 91.425, 24 CFR 91.430, and
24 CFR 91.520.
B. Washington County is authorized to amend this Agreement in order to add new
members to the Consortium, to incorporate automatic renewal provisions or for
other reasons approved by HUD on behalf of the entire Consortium unless
otherwise specified in this Agreement. Any such amendment will be in writing
and sent to all current Members.
C. Effective July 1 of the first year of this Agreement, a City Member may elect
one of two participation options. The selected option shall remain in effect for
the entire number of years covered by this Agreement. However, a waiver to
shift between options may be allowed by the County provided the City Member
and the County mutually agree that such a request was necessitated by the
existence of the conditions referenced in paragraph F. of this section. For the
purpose of executing this Agreement,the City Member agrees to provide the
County with written confirmation of its preferred option selection within thirty
(30) days following the date of its approval. Option preferences are as follows:
1. Option One. Allows the County to administer all HOME funds on behalf
of the Ci hMember including selection of projects. No separatearate"City
Set-
Aside"would be made. City Member shall compete for the general pool
of Consortium funds reserved for project selection. Projects shall be
selected annually by the County's Policy Advisory Board, or by members
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 3
of a HOME Project Selection Panel appointed by the PAB. City Member
shall appoint one (1)representative to the selection panel. Final
determination of projects shall be made by the Washington County Board
of Commissioners. All administrative funds authorized under current
regulations accrue to the County.
2. Option Two. Allows a City Member to specifically designate its HOME
"Adjusted City Set-Aside"to projects independent of the County's
selection process. The member may operate an independent selection and
evaluation process using a"City Project Selection Committee"or other
authorized mechanism. As with Option One,project implementation and
administration remain with the County. All Administrative funds
authorized under current regulations accrue to the County. Option 2 will
not be available to City Members for the 2021-2023 HOME
Requalification period.
D. City Member(s)that choose Option Two may collaborate with other City
Members or with the County to facilitate HOME projects or may choose to
pursue independent projects or activities. However, if the member acts
independently and sponsors projects exclusively in its jurisdiction, the County
and the balance of consortium members may elect not to authorize the use of
additional consortium funds, above and beyond those already designated as the
"Adjusted City Set-Aside"unless City Member allocates a proportionate
HOME contribution to the same project. This provision shall be exercised or
waived at the discretion of the County's Policy Advisory Board (PAB).
E. Should HOME funds be de-obligated by HUD for any reason,the County will
calculate the impact of de-obligation on each consortium Member and make
further refinements to the amount of each"Adjusted City Set-Aside"allocated
to each Member. The reduction in funds to each Member will be
approximately proportionate to the Member's contribution to the cause of the
de-obligation,unless members of the consortium agree otherwise.
F. Members agree to carry out program activities in conformance with 24 CFR
Part 92. In recognition that CDBG and HOME funding are inextricably linked
to the development of affordable housing,the County will take into
consideration the effect of any major de-obligation of the City Member's
CDBG entitlement on the City's ability to continue to function at the Option
level originally selected by the City Member under Section III. C. above. If
warranted, the County may agree to allow the City Member to make a shift
between Options provided that the City Member requests such a waiver in
writing at least sixty(60)days prior to the commencement of the next
scheduled program year. Under the provisions of this Agreement,the City
Member shall only be allowed to make one change between Options 1 and 2
during any three(3)year term.
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 4
i
G. As the Representative Member, the County will incur costs in conjunction with
the overall administration of the HOME Program. The County will identify
HOME Program administration costs in its annual budget, which may include
revenues from sources in addition to the HOME Program. Nevertheless,the
general administrative costs attributed to the consortium Members will not
exceed ten percent(10%) of the Washington County Consortium's annual
HOME allocation.
H. Member(s) agree to supply information necessary for participation, including
but not limited to HOME Program Activity set-up and completion information
required by HUD's Integrated Disbursement&Information System(IDIS) and
to maintain records to support the HOME Match. Member(s) shall also be
required to meet the CHDO requirements (as described in D. &E. of Section
IV.). Member(s)files or documents relating to the HOME Program are open
for inspection by the County,or its designee,upon request. The County may
monitor Members for compliance with this Agreement. The County agrees to
provide reasonable technical assistance to Members to help promote
compliance. Any Member found by HUD to have committed an act or
omission, or to be responsible for a finding that will require repayment of
HOME funds to the federal government will be solely responsible for such
repayment.
I. Any Program Income generated as a result of project activity sponsored by a
Member acting independently under Option Two shall remain with the
Member. However, on an annual basis,Member shall report to the County the
source and amount of program income collected by the Member. The County
will include such program income information in IDIS formats, as necessary.
Member(s) agree to conform to HUD regulations as they apply to program
income and reapply those resources to eligible HOME activities.
IV. FUNDING
A. The amount of funding provided the Member from the Consortium's annual
HOME entitlement shall be designated as a"City Set-Aside"and will be
initially calculated each year based upon the most current data contained in the
HUD, "HOME Consortia Participating Members Percentage Report"
(hereafter, HUD Percentage Report).
B. The initial or basic"City Set-Aside"derived from the HUD Percentage Report,
plus any program income retained by the Member during the preceding fiscal
year, shall be adjusted by the County by subtracting ten percent(10%)from
the total of these two elements and shall be designated for the County's
administrative costs. An additional five percent(5%) for CHDO Operating
Expenses will also be deducted. Such deductions shall only be made from the
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 5
"City Set-Aside". Following these deductions, the net amount remaining shall
be allocated to the City Member as its "Adjusted City Set-Aside."
C. When acting under Option Two, the Member agrees to assist the County to
insure HOME funds designated as an"Adjusted City Set-Aside"are obligated
in a timely fashion and are committed(contracted)within two (2) years from
the date the funds are made available to the member.
D. County shall be responsible for insuring that the five percent(5%) assessment
(referenced in B., above), is withheld from the City Member's "City Set-Aside
and applied exclusively towards meeting the federally mandated reservation
for CHDO Operating Costs.
E. Under federal guidelines the CHDO project set-aside must be no less than
fifteen percent(15%)of each HOME entitlement. However, as a matter of
policy, the CHDO Project Set-Aside has been fixed at twenty percent(20%) of
the County's annual HOME entitlement. Under Option One,the County will
insure this requirement is met. Under Option Two,the Member shall be
required to meet this annual requirement by calculating and committing twenty
percent (20%) of its "Adjusted City Set-Aside"to HOME projects sponsored
by CHDO's within its jurisdiction.
F. City Member(s)may apply to the County for a partial or complete waiver to
Section IV. E. above. However,the County will not consider such a request
until it has calculated whether the HOME Consortium can meet the twenty
percent(20%) CHDO Set-Aside through its selection process. The County's
staff at the County's Office of Community Development will advise the City
Member as to when, and if, the submission of a waiver request can be
forwarded by the City Member to the County's Policy Advisory Board. Any
request(s) for a waiver must be submitted in writing.
G. Should any Member fail to meet any of the obligations or exceed any of the
limitations described in this Agreement, and should such failure jeopardize
compliance of the Consortium as a whole, the County shall have the right to
exercise final control over re-distribution of funds among Members in order to
insure that all grant requirements are met. The County shall consult with other
Members of the Consortium prior to any potential redistribution of funds under
this provision.
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 6
V. TERMS OF AGREEMENT
A. This Agreement shall remain in full force and effect from the date of execution
and approval by HUD for the period necessary to carry out all activities funded
during the three (3) federal fiscal years, 2021,2022 and 2023. Members are
prohibited from withdrawing from this Agreement during the full three (3)year
period.
B. The Consortium Agreement must, at a minimum, remain in effect until the
HOME funds received during each of the federal fiscal years of the qualification
period, and each successive qualification period for which the Agreement is
renewed,are expended on eligible activities or returned to HUD.
C. Automatic Renewal Provisions:
1. This Agreement shall automatically be renewed for the Consortium's
participation in successive qualification periods of three federal fiscal years
each. No later than the date specified by HUD's consortia designation notice
on the HOME Consortia web page,the County shall notify each Consortium
Member in writing of its right to decide not to participate in the Consortium
for the next qualification period and the County shall send a copy of each
notification to the HUD Field Office.
2. If a Consortium Member decides not to participate in the Consortium for the
next qualification period, the Consortium Member shall notify the County,
and the County shall notify the HUD Field Office, before the beginning of the
new qualification period.
3. Before the beginning of each new qualification period, the County 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 CFR Part 92.10 1(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.
4. The automatic renewal of the Agreement will be void if: the County fails to
notify a Consortium member or the HUD Field Office as required under this
automatic renewal provision or the County fails to submit a copy of each
amendment to this Agreement as required under this automatic renewal
provision.
D. If deemed necessary to facilitate the development of preferred Options in future
Agreements,the County and City Member mutually agree to begin negotiations
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 7
at the mid-point of the period covered by this Agreement,or no later than
January 1, 2022.
E. All Consortium Members shall remain on the same program year for CDBG,
HOME, and Emergency Solutions Grants(ESGs). The program start and end
dates for each program year are July 1 through June 30.
F. Each party shall comply with all applicable federal, state and local laws; and
rules and regulations on non-discrimination in employment because of race,
color, ancestry, national origin,religion, sex,marital status, age, medical
condition or disability.
G. To the extent applicable,the provisions of ORS 279C.500 through ORS
279C.870 are incorporated by this reference as though fully set forth.
H. Subject to limitations of liability for public bodies set forth in the Oregon Tort
Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party
agrees to hold harmless, defend, and indemnify each other, including its
officers, agents, and employees against all claims, demands, actions and suits
(including all attorney fees and costs) arising from the indemnitor's
performance of this Agreement where the loss or claim is attributable to the
negligent acts or omissions of that party.
I. Each party shall give the other immediate written notice of any action or suit
filed or any claim made against that party that may results in litigation in any
way related to this Agreement.
J. This Agreement may be executed in counterpart, each of which shall be an
original, all of which shall constitute one and the same instrument.
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 8
Agreed to this day of 12020,
BOARD OF COUNTY COMMISSIONERS
FOR WASHINGTON COUNTY, OREGON.
Chair Recording Secretary
It is my opinion that the terms and provisions of this Agreement are fully authorized
under state and local law, and that the Agreement provides full legal authority for the
Consortium to undertake or assist in undertaking housing assistance activities for the
HOME Program.
Paul L. Hathaway III
Sr. Assistant County Counsel
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 9
CITY OF BEAVERTON
Mayor City Recorder
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 10
CITY OF HILLSBORO
Mayor City Recorder
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT I I
CITY OF TIGARD
Mayor City Recorder
AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 12