HomeMy WebLinkAbout09852RESOLUTION NO. 9852
A RESOLUTION APPROVING A COOPERATION AGREEMENT BE-I'VVEEN THE CITY OF
PUEBLO AND THE COUNTY OF PUEBLO RELATING TO THE PARTICIPATION IN AND
CONDUCT OF THE FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM AND
PROVIDING FOR THE EXECUTION THEREOF
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo and the County of Pueblo dated May 12, 2003,
a copy of which is attached herewith, relating to participation in and the conduct of the Federal
HOME Investment Partnerships Program ('Agreement') for Federal FY 2003-2006 is hereby
approved and the President of the City Council is authorized to execute same, and the City Clerk
to attest the same, by and on behalf of the City of Pueblo.
SECTION 2.
Except to the extent budgeted and appropriated, no funds of the City may be used for any
purpose under the Agreement. No application for federal assistance pursuant to the Agreement
shall be made or submitted unless duly authorized by the City Council.
INTRODUCED May 12, 2003
BY Al Gurule
APPROVED: President of City Council
ATTEST: City Clerk
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CONSORTIUM AGREEMENT
THIS AGREEMENT is made and entered into this 12th day of May 2003,
effective as of October 1, 2003, by and between the City of Pueblo, a Municipal Corporation
(hereinafter referred to as the "City"), and Pueblo County, Colorado (hereinafter referred to as the
"County").
WlTNESSETH:
WHEREAS, Section 29-1-203, C.R.S., authorizes governments to cooperate or contract with
one another to provide any ftmction, service, or facility lawfully authorized to each of the
cooperating or contracting entities; and
WHEREAS, the City and the County are lawfully authorized to provide housing and
community-based services of the type contemplated by this Agreement; and
WHEREAS, it would serve the public welfare and be in the best interest of the citizens of
Pueblo County, Colorado for the City and the County to continue in a consortium and cooperate to
undertake housing assistance activities as part of the Federal HOME Investment Parmerships
Program; and
WHEREAS, the parties desire to enter into this Intergovernmental Agreement setting forth
the terms and conditions under which the parties shall cooperate in providing home and community-
based services to the citizens of Pueblo County under such Program.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. During the term of this Agreement, the City and the County agree to cooperate to
undertake or to assist in undertaking housing assistance activities for the HOME Investment
Partnerships Program (hereinafter referred to as the "HOME Program"), through the formation of
a consortium consisting of the City and the County. The City or its designee shall act in a
representative capacity on behalf of the consortium and all entities comprising the consortium. In
such capacity, the City shall assume overall responsibility for insuring the consortium's HOME
Program is carried out in compliance with the requirements of the HOME Program including, but
not limited to, those requirements concerning a Consolidated Plan (CP). Additionally, the City, as
representative of the consortium, shall select one or more Community Housing Development
Organizations (CHDO) to receive required set aside funding, if any, and shall act as the contact
person so far as all dealings with the state and federal governments concerning the HOME
Investment Partnerships Program are concerned.
2. Notwithstanding the designation of the City as representative of the consortium, as
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between the parties hereto, each party shall retain authority over its respective housing programs and
the agencies carrying out such programs on behalf of each party. As such, and subject to the terms
of this Agreement, each party shall set its own priorities for the use of any grant monies received by
the consortium, and shall retain the right to determine how those funds attributed to each entity shall
be expended in meeting those priorities. To that end, and to the extent lawful under applicable grant
regulations, the parties mutually agree that, after deduction for the 15% set aside for CHDO's as
required by regulation, the parties will divide any and all remaining funding received by the
consortium under the HOME Program, with eighty percent (80%) of such remaining funding being
allocated to the City, and twenty percent (20%) of such remaining funding being allocated to the
County. This funding allocation is based upon the population of the City and the population of those
areas of Pueblo County outside of City boundaries. The contribution of each party of required non-
federal matching funds, if any, shall be determined in accordance with the applicable match
requirements established by HUD for the eligible activities conducted by that party in accordance
with the CP.
3. The consortium created under this cooperative Agreement shall prepare a CP for
submittal to the appropriate entity of federal and/or state government in order to receive HOME
Program funds and other federal/state funds, as applicable, and to become a participating jurisdiction
in the HOME Program. The CP shall describe the consortium's five-year strategy for addressing
housing, homeless and supporting housing needs covering all of Pueblo County. The CP shall
provide for a separate description of how the City and the County each intend to carry out the five-
year strategy in their respective areas of jurisdiction. Such descriptions shall include, but not be
limited to, the determination, by each entity, of that entity's priorities for use of grant monies, and
a report as to how such monies will be used to meet those priorities. Notwithstanding the fact that
the CP will be submitted by the consortium, each party retains the right, subject to compliance with
applicable Federal regulations, to detemfine its respective priorities, and how that party's portion of
the grant monies will be expended in meeting those priorities. In providing services hereunder, the
parties agree to affirmatively further fair housing.
4. This Agreement shall commence October 1, 2003, and, unless sooner renewed or
extended by separate written document between the parties, shall terminate September 30, 2006;
provided, however, that this Agreement shall continue in effect until the HOME funds from each of
the three Federal fiscal years beginning with the fiscal year commencing October 1, 2003 have been
expended for eligible activities. The term of this Agreement covers the period necessary to carry out
all activities that will be funded from funds awarded for three Federal fiscal years beginning with
the Federal fiscal year commencing October 1, 2003. Furthem~ore, the City and the County shall
remain in the consortium for the entire term of this Agreement. The tern, of the Agreement
notwithstanding, neither party shall be obligated to carry out its respective responsibilities under this
Agreement and/or the CP until such time as the funding necessary to carry out such obligations is
forthcoming and has been appropriated at the federal, state, and local levels, including, but not
limited to, local funding necessary to carry out any matching funding responsibilities of the City or
the County for each year during the term of this Agreement.
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5. The designation of the City as the representative of the consortium notwithstanding,
each party assumes full responsibility for carrying out its respective obligations under this
Agreement, and the CP including, but not limited to, insuring that Program funds are expended in
accordance with applicable federal, state, and local laws or regulations. To that end, each party
agrees to indemnify and hold harmless the other party, its officers, employees and agents, from and
against any and all demands by HUD for repayment of grant funds, claims, damages, liability and
court awards including costs, expenses, and attorney's fees, incurred as a result of any act or omission
by that party, its officers, employees, agents, subcontractors, or assignees arising out of, or in any
way connected with, the performance or non-perfomxance of that party under this Agreement or the
CP.
6. Each party certifies and warrants that none of its directors, officers or employees has
or will derive any personal or financial interest or benefit from the activity or activities conducted
pursuant to this Agreement, nor has an interest in any contract or agreement with respect thereto, nor
the proceeds thereunder, either for themselves or for those with whom they have family or business
ties, during their tenure and for one year thereafter. Each party shall avoid all conflicts of interest
which are prohibited by applicable federal regulations as presently promulgated, and as the same may
be revised from time to time in the future.
7. Each party shall maintain records as to all services provided, expenses incurred in
performing programs conducted pursuant to the HOME Program, and complete accounting records.
Accounting records shall be kept on a generally recognized accounting basis, and as requested by
either party's auditor. Each party agrees to comply with all applicable uniform administrative
requirements. The City, the County, HUD, the Comptroller General of the United States, the
Inspector General of HUD, and any of their authorized representatives shall have the fight to inspect
and copy, during reasonable business hours, all books, documents, papers and records kept by either
party which relate to this Agreement for the purpose of making an audit or examination.
8. Each party shall maintain files containing information which shall clearly document
all activities performed in conjunction with this Agreement including, but not limited to, financial
transactions, conformance with assurances, activity reports, and Program income. These records
shall be retained by each party for a period of five years after the completion of the activities
conducted under the Home Program. i
9. Nothing contained herein nor the relationship of the parties shall make or be
construed to make either party or its agents or employees the agents or employees of the other party.
Each party shall be solely and entirely responsible for its acts and the acts of its agents, employees,
and subcontractors.
10. This Agreement constitutes the entire Agreement between the parties, and supersedes
and replaces all prior and contemporaneous agreements, representations and understandings of the
parties. No variation or modification of this Agreement, and no waiver of any Agreement's
provisions or conditions shall be binding unless made in writing and signed by duly authorized
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officers of both the City and the County. This Agreement shall be binding on, and inure to the
benefit of, the parties to it and their respective successors and assigns. Any delegation or assignment
of this Agreement by either party withom the prior written consent of the other party shall be void.
This Agreement shall be governed by and construed according to the laws of the State of Colorado.
11. The program year start date for the consortium is October 1st .,20 03
and City and County are on the same program year for CDBG, HOME, Emergency Shelter Grants
("ESG") and Housing Opportunities for Persons with AIDS ("HOPWA"). This Agreement does not
provide for automatic renewal for any successive three-year qualification period after the term
specified in paragraph 4.
IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first
written above.
ATTEST:
BYclerk to~d ~'~
PUEBLO COUNTY, COLORADO
~h~irp~rson, Board of Count~
Commissioners
CITY OF PUEBLO,
A MI_YNI~
By ~_ ~' ~
President of the City Council
F:~files\CITY~OUSIN'GkHUD-MISC~Consorfium Agreement 1 .wpd -4-