HomeMy WebLinkAboutC.054.93011_0815 (2)States Department of Housing and Urban Development. The Lead Entity is
authorized to act in a representative capacity for all Cooperating Units for the
purposes of administering the HOME Program.
2, The Cooperating Units hereby authorize the Lead Entity to establish a local HOME
Investment Trust fund for receipt of HOMEJunds and repayments.
3. The Lead Entity and Cooperating Units shall cooperate in the implementation of
the HOME Program and shall cooperate in the preparation of the Consolidated
Plan by providing to the Lead Entity all pertinent and necessary information. The
Cooperating Units shall execute and submit the required certifications, and shall
prepare and submit its plan for monitoring compliance with the Consolidated Plan,
The Lead Entity assumes overall responsibility for ensuring that the Consortium's
HOME Program is carried out in compliance with the requirements of the HOME
Program, including requirements concerning a Consolidated Plan in accordance
with HUD regulations in 24 CFR 91 and 91.
4. The Cooperating Units shall be entitled to a pro rata portion of the HOME funding
for eligible uses under the HOME bill and shall be responsible for meeting the
matching funds requirements. The Consortium Board shall prorate funding to
individual units. Allocations will be based on similar criteria used by HUD to
determine yearly participating jurisdiction funding levels.
5. The Consortium agrees that 15% of all HOME funds received will be set aside for
the use of Community Housing Development Organizations (CHDOs) within the
three county consortium. All CHDO's must have a 501 C-3 tax status as required
by federal law.
6. The Consortium Board shall have the right to reallocate funding that a respective
County and/or City is unable to use due to a lack of eligible projects or matching
resources. Each County and/or City has twenty-four months to expend the funds
before reallocation.
7. With reference to any program income generated from the HOME funds, federal
regulations shall govern placement of HOME program income into local trust
funds. Individual Consortium members will be responsible for separately
accounting for program income on each Cooperating Unit projects. Program
Income on projects shall be available for use by the individual member on other
approved HOME activities.
8. The Cooperating Units do hereby agree to inform the Lead Entity, in writing, of any
income generated by the expenditure of HOME funds received by the Cooperating
Units.
9. The Cooperating Units and Lead Entity shall affirmatively further fair housing.
10. The Cooperating Units, as parties to the Consortium, agree that they shall direct all
activities, with respect to the Consortium, to the improvement of housing conditions
in the State of North Carolina.
11. Any person shall not construe this agreement to extend a benefit or liability to any
person or entity not a party to this agreement.
12. The Cooperative Units, as parties to the Consortium, agree to defend, indemnify,
and save harmless all Cooperating Units, their agents, officers, and employees,
from and against all charges that arise in the manner from, in connection with, or
out of this contract as a result of the acts or omissions of contractors or
subcontractor or anyone directly or indirectly employed by any of them or anyone
for whose acts of any of them may be liable.
13. The term of this agreement will cover the period necessary to carry out all
activities that will be funded from funds awarded for three federal fiscal years and
the units of general local government which join the Consortium will remain in the
Consortium for this entire period. The qualification period is Federal Fiscal Years
2006-2008. The time for which this agreement remains in effect is until the HOME
funds from each of the Federal Fiscal Years set out above are expended on eligible
activities. No Consortium member may withdraw from the agreement while it
remains in effect.
14. The Cooperating Units and Lead Entity agree that this Cooperation Agreement may
require modification when final regulations on HOME and Consolidated Plan are
provided by the US. Department of Housing and Urban Development and will
cooperate in executing a revised or amended written agreement acceptable to all
parties.
15. The Cooperating Units and Lead Entity agree that all members must sign and
approve the addition of new members to the Consortium. Upon approval of a new
member the Lead Entity shall amend the consortium agreement.
16. The program year start date for the Consortium is July 1, 2006, and all units of
general local government that are members of the Consortium are on the same
program year for Community Development Block Grant (CDBG), HOME
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