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HomeMy WebLinkAbout10174RESOLUTION NO. 10174 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PUEBLO AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR ENVIRONMENTAL REVIEW OF PUBLIC HOUSING AUTHORITY MODERNIZATION AND REHABILITATION PROJECTS, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated July 12, 2004 between the Housing Authority of the City of Pueblo and the City of Pueblo, a Municipal Corporation, ( "the Agreement "), for environmental review of public housing authority modernization and rehabilitation projects, a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED July 12, 2004 BY Michael Occhiato Councilperson Background Paper for Proposed RESOLUTION )I&C : 1'1101?4 AGENDA ITEM # r j DATE: July 12, 2004 DEPARTMENT: HOUSING AND CITIZEN SERVICES / TONY BERUMEN TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PUEBLO AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR ENVIRONMENTAL REVIEW OF PUBLIC HOUSING AUTHORITY MODERNIZATION AND REHABILITATION PROJECTS, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE The Housing Authority is required to comply with HUD's environmental review requirements for proposed modernization and rehabilitation projects. This Agreement between the City and the Authority allows the City to act as the certifying agency pursuant to the provisions of 24 CFR Part 58. The City will review the Authorities environmental process for accuracy and compliance. Agreement calls for reimbursement by the Authority of any expenses incurred by the City. RECOMMENDATION Approve BACKGROUND If approved this would be the second year in which the City acts as the Responsible Entity. HUD has not brought any issues of concern to the City's attention regarding the Authorities environmental review process. FINANCIAL IMPACT The Authority will reimburse the City for its actual reasonable expenses incurred for performing its functions under this Agreement, which are not limited to copying, publishing, travel, telephone, staff time and other expenses. AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered this 12th of July, 2004 by and between the Housing Authority of the City ofPueblo, a public housing authority (hereinafter referred to as the "Authority ") and the City of Pueblo, a municipal corporation (hereinafter referred to as "City"). WHEREAS, Authority is a public housing authority authorized under law to undertake projects and/or activities for public housing development including modernization activities and rehabilitation of public housing with federal financial assistance; and WHEREAS, such projects and activities receiving federal financial assistance are subject to the policies of the National Environmental Policy Act of 1969 ( "NEPA ") and implementing regulations issued by the Council on Environmental Quality, including but not limited to the regulations at 40 CFR Parts 1500 -1508, and implementing regulations of the U.S. Department of Housing and Urban Development ( "HUD "), including but not limited to HUD's regulations at 24 CFR Parts 50 and 58; and WHEREAS, the Multifamily Housing Property Disposition Reform Act of 1994 (P.L. 103- 233) authorizes the assumption of HUD's federal agency environmental review obligations under NEPA with respect to public housing projects by certain qualifying entities (hereinafter referred to as the "Responsible Entity"); and WHEREAS, pursuant to 24 CFR §58.2(a)(7)(ii)(B), when the recipient of federal financial assistance is a public housing agency, a unit of general local government where the project is located with regulatory authority over land use is authorized to assume said environmental review obligations as the Responsible Entity; and City is such a unit of local government; and WHEREAS, for the purpose of expediting project development, Authorityhas requested City to act as the Responsible Entity with respect to Authority's public housing modernization projects for which environmental review and decision - making is required; and WHEREAS, upon the conditions and provisions set forth in this Agreement, City is willing to so act as the Responsible Entity with respect to said projects; NOW, THEREFORE, In consideration of the foregoing recitals and the terms, conditions and covenants set forth below, the parties hereto agree as follows: 1. Subject to Authority performing its obligations hereunder, with respect to Authority's proposed modernization and rehabilitation projects for which federal financial assistance from HUD is sought, City agrees to act as the Responsible Entity pursuant to the provisions of 24 CFR Part 58, certify to HUD compliance with environmental review requirements and, when and as appropriate, issue findings of no significant impact, findings of significant impact, determine whether to hold public hearings, prepare records of decision, issue notices of intent to request release of funds, and prepare requests for release of funds. 2. Authority shall, at Authority's Expense, provide City with all available project and environmental information which City may reasonably request in connection with City's activities pursuant to this Agreement, including, without limitation, all existing relevant information and any reports of investigation or study which, in City's opinion, should be undertaken or maybe reasonably required to conduct an appropriate environmental review consistent with law and regulations. 3. Authority shall provide for City's use and convenience a draft of all environmental review documents, notices of public meetings, notices of intent to request release of funds, requests for release of funds, environmental assessments, environmental impact statements and all other documents related to City's functions under this Agreement. City may, in City's sole discretion, adopt or use any such draft documents, or request Authority to revise any such draft in a manner directed by City, and resubmit same to City, or disregard such draft and prepare the document itself. It is expressly understood that the decision - making responsibility hereunder shall in every case remain with City and is not hereby delegated to Authority. 4. City shall have the right to retain consultants and experts for special review or investigation, and to obtain other outside services deemed necessary by City to its functions hereunder. Prior to retaining any such experts, consultants or outside services, City shall discuss the need for and scope of such work or services with Authority. The cost of any such experts, consultants or outside services shall be paid by Authority. S. Authority shall promptly reimburse City for its actual reasonable expenses incurred for performing its functions under this Agreement, including, but not limited to: (a) the costs of copying or reproducing documents, (b) the costs of publishing notices, (c) travel expenses, if any, (d) long distance telephone charges, (e) postage, and express package delivery charges, (f) the fees and expenses of experts, consultants and outside services retained by City, (g) City's staff time devoted to performance of City's function under this Agreement, and (h) the actual costs incurred associated with any surveys or investigations. 6. Within 10 days of the date ofthis Agreement, City shall designate a Certifying Officer who shall be authorized to sign environmental review documents on behalf of City. In the event City fails to so designate a Certifying Officer, the City Manager of City shall be automatically so designated. 7. Pursuant to 24 CFR §58.13, the City's responsibilities hereunder may subject City and/or the Certifying Officer to legal actions for which the federal government will not provide representation. As an additional inducement to City to nevertheless undertake such responsibilities, Authority agrees to indemnify, defend and save City, Certifying Officer and City's officers, agents and employees harmless from all claims, demands, actions, judgments, and costs, including reasonable attorney fees, which may arise from or relate to City's performance or non - performance of any action or activity under this Agreement, or under the regulations at 24 CFR Parts 50 and 58 or 40 CFR Parts 1500 -1508, or NEPA, and which concern any Authority project or proposed project. -2- 8. The term of this Agreement shall be from July 12, 2004 to December 31, 2005, unless sooner terminated as provided herein. 9. This Agreement may be terminated by City for cause upon ten (10) days written notice to Authority including a statement of the reasons therefor, and after an opportunity for a hearing has been afforded. As used herein, cause shall include any failure of Authority to promptly reimburse City for its costs, any other non - performance by Authority under this Agreement, or any material failure by Authority to comply with any term of this Agreement. If a hearing is requested, it shall be held before City's Director of Housing and Community Development whose decision as to the cause of termination and the appropriateness thereof shall be final and binding upon both the City and Authority. In the event of termination, Authority shall remain liable to City for costs incurred by City prior to the date of termination, and Authority's duty to indemnify and defend City under paragraph 7 of this Agreement shall survive termination. 10. In the event Authority breaches any term of this Agreement and City commences an action to enforce the provisions of this Agreement or to recover damages for breach thereof, City shall be entitled to also recover City's costs and reasonable attorney fees as part of any judgment against Authority. 11. The provisions set forth in this Agreement constitute the entire and complete agreement of the parties hereto and supersede all prior written and oral agreements, understandings or representations related thereto. No amendment or modification of this Agreement, and no waiver of any provision of this Agreement, shall be binding unless made in writing and executed by the duly authorized officers of both the Authority and City. 12. Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person, firm or corporation, other than the parties hereto, any rights or remedies under or by reason hereof. 13. The persons signing this Agreement on behalf of Authorityrepresent and warrant that such persons and Authority have the requisite power and authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of Authority enforceable against Authority in accordance with its terms. 14. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. IN WITNESS WHEREOF, the Authority and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. ATTEST: CITY OF PUEBLO, a Municipal Corporation By -3- City Clerk [SEAL] ATTEST: Jack Oldi of the Board of Directors President of the City Council HOUSING AUTHORITY OF THE CITY OF PUEBLO, a Public Housing Authority By / - JJL Ben Weindling Chairman of th oard of Directors