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HomeMy WebLinkAbout08860ORDINANCE NO. 8860 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 April 13, 2015, 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 Clerk 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 the 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 upon final passage and approval. INTRODUCED: _ April 13, 2015 BY: Chris Nicoll PASSED AND APPROVED: April 27, 2015 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance CITY COUNCIL MEETING DATE: April 13, 2015 TO: President Stephen K. Nawrocki 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 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 SUMMARY: Attached is an intergovernmental agreement between the City 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 consortia, 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 or commissions 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 could 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 ATTACHMENTS: Consortium Agreement • FFY-15-17 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, 2015, 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, 2015. 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 2 FFY-15-17 carry out such obligations is forthcoming and has been appropriated at the federal, state, and local levels, including, but not limited to, local funding necessaryto carryout 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-15-17 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, 2015 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. ATTEST: COUNTY, COLORADO PO Lj d ....I(\ Pi 1.14 By 4111L ��iogie ._i BY Clerk to the Board , Chairperson, Board of County Commissioners ATTEST: CITY OF PUEBLO, A0 .'i ' • CO' • TION Nt City rk Presi•e!e City Council 4