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HomeMy WebLinkAbout08733ORDINANCE NO. 8733 AN ORDINANCE APPROVING AND RATIFYING A COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO RELATING TO THE PARTICIPATION IN AND CONDUCT OF THE FEDERAL HOME INVESTMENT PARTNERSHIP ACT GRANT AND PROVIDING FOR THE EXECUTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. th The Agreement between the City of Pueblo, and the County of Pueblo dated May 12, 2014, a copy of which is attached hereto, relating to participation in and the conduct of the Federal HOME Investment Partnership Act Grant (‘Agreement’) for Federal FY 2015-2017, is hereby approved and the President of the City Council is authorized to execute same, and the City Clerks is directed to affix the official seal of the City of Pueblo and attest same. 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. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the transactions described within the Action Plan. SECTION 4. This Ordinance shall become effective immediately upon final passage. INTRODUCED: April 28, 2014 BY: Ed Brown COUNCIL PERSON PASSED AND APPROVED: May 12, 2014 City Clerk’s Office Item # R-2 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: April 28, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Ada Rivera Clark, Director of Housing and Citizen Services SUBJECT: AN ORDINANCE APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO RELATING TO PARTICIPATION IN AND THE CONDUCT OF THE FEDERAL HOME INVESTMENT PARTNERSHIP ACT GRANT AND PROVIDING FOR THE EXECUTION THEREOF SUMMARY: Attached for consideration is an intergovernmental agreement between the City of Pueblo and the County of Pueblo for a joint funding effort under the Federal HOME Investment Partnership Act Grant. The funding allows both governments to provide for safe, decent and sanitary housing for low- and moderate-income families. PREVIOUS COUNCIL ACTION: This consortium agreement has been brought before the City Council for approval since the City became a HOME Entitlement Community in 1992. The City Council and the County Commissioners have continuously approved the agreement as required. BACKGROUND: The City of Pueblo and Pueblo County since the inception of the federal HOME Program in 1992 have operated under a Consortium agreement whereby the HOME funds have been shared on a percentage basis. While the City of Pueblo is the Entitlement Community there have been mutual benefits in continuing this administrative arrangement. The City as the Participating Jurisdiction acts in a representative capacity, and therefore assumes overall responsibility for ensuring that the Consortium’s HOME Program (City and County programs) is carried out in compliance with the requirements of the HOME Program regulations, including requirements concerning a Consolidated Plan. The City assumes this responsibility, and there is no cost to the County. FINANCIAL IMPLICATIONS: By entering into a consortium, the City of Pueblo receives more funding than would be allocated to it under the Entitlement Community Allocation Formula. The County receives HOME funding that it would not otherwise be eligible to receive on a non-competitive basis. The funds are split on an 80/20 basis after set asides for administrative costs and funding of Community Housing Development Organizations (CHDO). BOARD/COMMISSION RECOMMENDATION: There are no boards and commission associated with this particular action. STAKEHOLDER PROCESS: There are no required or recommended stakeholder processes attached to this particular action. ALTERNATIVES: The City or the County can choose not to enter into this Agreement. If that were to occur the City would continue to receive funding at the levels established through the formula allocation. The County would receive no HOME funds, but could go to the State for funding. RECOMMENDATION: Approval of the Ordinance PROPOSED MOTION: First Presentation: Motion to Approve the Ordinance on First Presentation, Set the Public Hearing for Monday, May 12, 2014 and Order the Ordinance to be Published BY TITLE Second Presentation: Motion to Approve the Ordinance on Final Presentation Attachments: Consortium Agreement Statement of Counsel FFY -15 -17 CONSORTIUM AGREEMENT THIS AGREEMENT is made and entered into this 12 day of May, 2014, effective as of October 1, 2014, 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 "). WITNESSETH: WHEREAS, Section 29 -1 -203, C.R.S., authorizes governments to cooperate or contract with one another to provide any function, 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 Partnerships 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. FFY -12 -15 2. Notwithstanding the designation of the City as representative of the consortium, as 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. Except as modified by the Memorandum of Understanding between the parties dated July 10, 2006, 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 determine 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 each agree to affirmatively further fair housing. 4. This Agreement shall commence October 1, 2014, and, unless sooner renewed or extended by separate written document between the parties, shall terminate September 30, 2017; 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, 2015 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, 2014. Furthermore, the City and the County shall remain in the consortium for the entire term of this Agreement. The term 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 FFY -12 -15 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. 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 - performance 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 right 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. 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. 3 FFY -12 -15 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 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 without 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 1, 2014 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. 12. The parties will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. PUEBLO COUNTY, COLORADO ATTEST: / _ Clerk to the Board ,/Chairpe on, Board ounty Commissioners CITY OF PUEBLO, A MUNICIPAL CORPORATION ATTEST: By: • By: Li -4- LI.�► City rk President of the City Coun 'N/ 4 Date: J-- ) 3 - 1 STATEMENT OF COUNSEL The undersigned hereby states: that he is the City Attorney of the City of Pueblo, Colorado (hereinafter "City "); that he has reviewed the Consortium Agreement between the City of Pueblo and the County of Pueblo entered into May 12, 2014 and effective October 1, 2014 relating to the undertaking of activities for the HOME Investment Partnerships Program as a consortium; that the terms and provisions of this Agreement are authorized under State and local law subject to appropriations therefor; and that the Agreement provides legal authority for the consortium to undertake or assist in undertaking housing assistance activities for the HOME Investment Partnerships Program, and in doing so, for each of the parties to affirmatively further fair housing. •C/ • 01/1.21 , City Attorney Signature Print Name: _PAA C. iO6 DVS+% K RESOLUTION NO. 14- 150 THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO APPROVING THE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO COUNTY FOR THE PURPOSE OF COOPERATING IN A CONSORTIUM TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIP PROGRAM FOR FEDERAL FY 2015 -2017 WHEREAS, the Congress of the United States has approved the HOME Program authorized by Title II - Investment in Affordable Housing or HOME Investment Partnerships Act - of the Cranston - Gonzales National Affordable Housing Act; and WHEREAS, Section 216 (2) of the Act provides that a consortium of geographically contiguous units of general local government may be considered to be a unit of general local government for purposes of the HOME Investment Partnerships Act; and WHEREAS, this Board, by Resolution No. 12 -213, dated August 21, 2012, approved the Consortium Agreement dated August 13, 2012, between the City of Pueblo, a Municipal Corporation, and Pueblo County, for the purpose of cooperating in a consortium to participate in the Home Investment Partnership Program for federal fiscal years 2012 -2015; and WHEREAS, Pueblo County, Colorado, and the City of Pueblo now desire to enter into the Consortium Agreement, dated May 12, 2014, whereunder the entities shall continue to cooperate in said consortium to assist in undertaking housing assistance activities for the HOME Investment Partnerships Program in Pueblo County for federal fiscal years 2015 -2017; and WHEREAS, the City Council, of the City of Pueblo, approved said Agreement by Ordinance No. 8733 at their May 12, 2014, City Council meeting; and WHEREAS, said Consortium Agreement is for funds to be awarded during three (3) federal fiscal years, beginning October 1, 2015, and ending September 30, 2017 and, according to the terms of the agreement, a portion of HOME Program funds for each year are to be divided between the City and the County with 80% to be awarded to the City and 20% to be awarded to the County, after the required 15% is awarded to the various Comprehensive Housing Development Organizations (CHDO); and WHEREAS, this Board feels it would serve the public welfare and be in the best interests of the citizens of Pueblo County, Colorado, for the County of Pueblo to enter into a Consortium Agreement with the City of Pueblo to enable both entities to better serve the housing needs of the citizens of Pueblo County. 'LL „ f RESOLUTION NO. 14- 150 (CONTINUED) NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado, that the Consortium Agreement between the City of Pueblo, a Municipal Corporation, and Pueblo County, Colorado, dated May 12, 2014, effective as of October 1, 2015, the terms and conditions of which are incorporated herein by this reference, is hereby approved and the Chairman of the Board of County Commissioners of Pueblo County, Colorado, is hereby authorized to sign said Agreement on behalf of Pueblo County. PASSED AND ADOPTED this 28 day of May 2014, in Pueblo County, Colorado. THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO erry A. rt, Chair . ATTEST: By: j`•� /. � _ �IIW Gilbert Ortiz, County Clerk U: \HH \RES \BMPB CONSORTIUM 2015 -2017 04- 16- 14.DOCX 2