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HomeMy WebLinkAbout09259ORDINANCE NO. 9259 AN ORDINANCE APPROVING 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 PARTNERSHIPS PROGRAM AND PROVIDING FOR THE EXECUTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, and the County of Pueblo April 23, 2018, 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 2019-2021, is hereby approved and the President of the City Council is authorized to execute same, and the City Clerk is hereby authorized and 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 all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the transaction described within the Action Plan. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: April 9, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: April 23, 2018 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 9, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Bryan Gallagher, Acting 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 THE PARTICIPATION IN AND CONDUCT OF THE FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM AND PROVIDING FOR THE EXECUTION THEREOF SUMMARY: 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 to provide safe, sanitary housing, for low- and moderate-income families. PREVIOUS COUNCIL ACTION: None. 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 87/13 basis after set asides for administrative costs and funding of Community Housing Development Organizations (CHDO). BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If City Council does not approve this Ordinance, the City will apply for HOME funds as an Entitlement Community and receive fewer funds. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: Consortium Agreement FFY I>-2 CONSORTIUM AGREEMENT THIS AGREEMENT is made and entered into this 23'` day of A , 2018, effective as of October 1, 2018, 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"). 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. 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 Fr' -18-21 own priorities for the use of any grant monies received b' the consortium. and sisal; retain: the right to determine how those funds attributed to each entire 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 of the fifteen percent(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-seven percent (87%) of such remaining funding being allocated to the City, and thirteen percent (13%) 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, 2009, 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 the U.S. Department of Housing and Urban Development (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, 2018, and, unless sooner renewed or extended by separate written document between the parties, shall terminate September 30,2021;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, 2018 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, 2018. 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 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. 2 FrY 1 .-21 Ti,: designation of the ; ay as the representative of th_ 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. 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 or nota the City and the I ounr. Tilt: Agreenien: snail be binding on, and inure to the nenefit 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. The City is authorized on behalf of the parties to amend the agreement for reasons approved by HUD. 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, 2019 and City and County are on the same program year for CDBG and HOME. 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: PUEBLO COUNTY, COLORADO 411, By � By 764/ Clerk to the Board Chairpe on, B ard,,f�County Com issioners // ATTEST: CITY OF PUEB A MUN ' P if I ' 'ORATION �1( (x-'VTy) By Heh rl Cy City Clerk President of the City Council 4