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2018-23RESOLUTION 2018-23 COUNCIL MEMBER HALL INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Omaha -Council Bluffs Metropolitan Area Planning Agency (MAPA) has secured $351,450 under the Nebraska Rural Workforce Housing Fund administered by the Nebraska Department of Economic Development and $250,000 under the LB 518 Match Funding Program administered by the Nebraska Investment Finance Authority, and WHEREAS, the purpose of both awards is to undertake workforce housing projects in the City with the objective to utilize said funding to establish the Blair Rural Workforce Housing Fund (BRWHF), and WHEREAS, a Memorandum of Understanding is attached marked "Exhibit A" to define the working relationship between the City of Blair and MAPA to establish the responsibilities of the parties in the administration, operation, implementation and continuance of the BRWHF as outlined in the Fund Investment Plan and to ensure compliance with the requirements of the Workforce Grants, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Memorandum of Understanding attached hereto, marked Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska, and the Mayor and City Clerk are hereby authorized to execute and deliver, on behalf of the City of Blair, Nebraska, any documents that may be necessary for approval of said agreement. COUNCIL MEMBER HALL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, HANSEN, WOLFF, JENSEN, HALL AND ANDERSEN VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2018. CITY OF BLAIR, NEBRASKA BY- JAklff.ALAI, MAYOR ATTEST: &". Llj&s�� BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 28th day of August, 2018. L", t-nj&-J-c�l BRENDA WHEELER, CITY CLERK Memorandum of Understanding between the MAPA Foundation and City Blair regarding the implementation of the Blair Rural Workforce Housing Fund S. Background This Memorandum of Understanding (MOU) is entered into as of August 30, 2018 by and between the MAPA Foundation (Foundation) and the City of Blair (City). The Foundations has secured $351,450 under the Nebraska Rural Workforce Housing Fund administered by the Nebraska Department of Economic Development (NDED) and $250,000 under the LB 518 Match Funding Program administered by the Nebraska Investment Finance Authority (NIFA). The purpose of both awards is to undertake workforce housing projects in the City and are referred to in this MOU jointly as Workforce Grants (Workforce Grants). The Workforce Grants will be matched by $100,000 from the Foundation, $250,000 from the City, and $26,000 in private contributions. It is the Foundation's and City's objective to utilize said funding to establish the Blair Rural Workforce Housing Fund (Blair RWHF) which intends to provide loans for the development of workforce housing projects in the City. The Foundation and City further desire to revolve repaid loans to establish an ongoing loan fund for future workforce housing projects in the City. A copy of the Nebraska Rural Workforce Housing Fund agreement is attached as Exhibit 1. The LB 518 Match Funding Program agreement is attached as Exhibit 2. 2. Purpose The goal of the MOU is to establish the responsibilities of the parties in the administration, operation, implementation, and continuance of the Blair RWHF as outlined in the Fund Investment Plan (Plan) and to ensure compliance with the requirements of the Workforce Grants. A copy of the Fund Investment Plan is attached as Exhibit 3. 3. Commitment of the Foundation As the grantee, the Foundation is responsible for administration and management of the Workforce Grants. The Foundation will: a) Adopt a Plan outlining the administrative procedures for the Blair RWHF which fulfills the requirements of the Workforce Grants. b) Establish a separate bank account to deposit all funding sources for the Blair RWHF. c) Deposit $100,000 into the Blair RWHF account. d) Establish a four member loan review committee to review applications for assistance and to recommend workforce housing projects to the Foundation Board of Directors. The Foundation will participate in the committee, convene and arrange meetings, record minutes and actions, and prepare monthly progress reports. e) Act as the fiscal agent by establishing a separate financial records for the Account including adequate financial controls. f) In conjunction of the City, prepare and publish a RFP for workforce housing projects, review and select projects, and prepare contract and loan documents. g) Monitor workforce housing projects assisted by the Blair RWHF. h) Coordinate and monitor any consultants retained for loan review and processing services. i) Review loan closing documents to ensure the repayment of loans made by the Blair RWHF. Deposit all fees, interest and principal payments or other funds received associated with the Blair RWHF into the Account. j) Cause there to be an annual audit of the Blair RWHF conducted by an independent certified public account. k) Submit all progress and financial reports require by the Workforce Grants. 4. Commitment of the City The successful implementation of the Blair RWHF depends on the cooperation and participation of the City. The City will: a) Deposit $250,000 into the Blair RWHF account. b) Coordinate the deposit of $26,000 in private pledges into the Blair RWHF account. c) Participate in the loan review committee by appointing the City Administrator and one other member. d) Assist the Foundation in the preparation and publication of a RFP for workforce housing projects. Recruit builders and developers to undertake workforce housing projects. e) Assist the Foundation in the review of proposals received and selection of workforce housing projects. f) Assisting the Foundation with selecting, managing, and coordinating consultants. g) Monitor the progress of workforce housing projects funded by the Blair RWHF. S. Use of Funds All funds will be used for qualified workforce housing projects outlined in the Plan and in compliance with the requirements of Workforce Grants. After the 10 year NIFA compliance period the Foundation may be reimbursed a portion or all of their initial investment of $100,000 and the City may be reimbursed a portion or all of their initial investment of $250,000 by the City. The amount and time of the reimbursement is dependent of the performance of the Blair RWHF, Workforce Grant requirements, and the wants of the Foundation and City. The Foundation may reimbursement its cost in the administration of the Blair RWHF from revenues received from origination fees, interest on loans, or other revenue generated from project activities. Administration costs will not exceed $25,000 annually. 6. Term This MOU shall be in effect for a period of 10 years and may be renewed in five-year increments upon mutual consent. However, this MOU is at -will and may be modified by mutual consent of authorized officials from the Foundation and City as outlined in paragraph 12. This MOU shall be become effective upon signature by the authorized officials from the Foundation and City and will remain in effect until modified or terminated by any one of the partners by mutual consent. 7. Termination This MOU will automatically terminate on August 30, 2028 or any term extension mutually agreed to or upon any of the termination events herein occurs first. This MOU may be terminated by any of the parties by written notice to each of the other parties following the occurrence of the following events: a) Failure of either party to contribute pledge amounts to the Blair RWHF. b) Early termination of. either of the Workforce Grants by the Nebraska Department of Economic Development or the Nebraska. Finance Authority.- c) uthority._c) Termination of either of the Workforce Grants as a result of material breach of contract . d) Recapture of Workforce Grant for any reason. e) Failure to implement the Blair RWHF. Upon the completion of the term, or terms if extended, the Blair RWHF shall also terminate. The remaining balance of the Blair RWHF shall be distributed in accordance to the following schedule: $100,000.00 shall be returned to Foundation; $275,000.00 shall be returned to City; and The remaining account balance shall be returned to Foundation to be used for housing in Washington County. 8. Notices All notices and communications required or permitted to be given under this MOU shall be in writing and shall be personally served, mailed (or electronic mail), addressed to the respective parties as follows: To MAPA Foundation: Greg Youell, Executive Director MAPA Foundation 2222 Cumming Street Omaha, NE 68102 402-444-6866 Fax -402-951-6517 evouell(@maaacoe.orR To City of Blair: Rod Storm, City Administrator City of Blair 218 S 16th Street Blair, NE 68008 402-426-4195 Fax — 402-426-4195 rstorm@blairnebraska.org 9. Entirety of Agreement This MOU, consisting of four pages, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral. 10. Applicable Law The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of Nebraska. The courts of the State of —Nebraska shall have jurisdiction over any action arising out of this MOU and over the parties, and the venue shall be the Fourth Judicial District Court of Douglas County, Nebraska. 11. Severability Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either party may renegotiate the terms affected by the severance. 12. Amendment This MOU may be modified by written amendment duly executed by the parties to this MOU. 13. Assignment This MDU shall not be assigned by either party. 14. Execution This MOU may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts together shall constitute one and the same document. Signatures may be transmitted electronically. MAPA Foundation �7 / """'2 --- P Greg Youell Date City of Blair Rod St Date