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Washington County, Beaverton & Hillsboro ~ IG213002 ~ Home Consortium CDBG IGA 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 party 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 1 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. III. 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 City Member including selection of projects. No separate "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 PAR 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 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 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 92.101(a)(2)(1). 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 2020. BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON, 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 Coun .AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 9 CITY OF BEAVERTON '-� %ADO Mayor City Recorder AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 10 CITY OF TIGARD Mayor City ecorder AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT 12 CITY OF HILLSBORO k'e Ci y Man r- City Rec rder AMENDMENT TO HOME CONSORTIUM COOPERATION AGREEMENT I 1 WASHINGTON COUNTY OREGON September 21, 2020 Mayor Jason Snider City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Attention: Marty Wine, City Manager Re: 2021 - 2023 HOME Consortium Cooperation Agreement Dear Mayor Snider: Please find enclosed a fully executed HOME Consortium Cooperation Agreement which has been accepted by HUD. This document covers the time period of July 1, 2021 through June 30, 2024. If you have any questions, please don't hesitate to contact me at 503-846-8663. Sincerely, Jen ie H. Proctor, Program Manager Office of Community Development Enclosure c: Schuyler Warren, Senior Planner Office of Community Development 328 West Main Street, Suite 100, MS 7, Hillsboro, OR 97123-3967 phone: 503-846-8814 • fax: 503-846-2882