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.
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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
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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.
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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
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