HomeMy WebLinkAbout05704ORDINANCE NO. 5704
AN ORDINANCE APPROVING A COOPERATION AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF
PUEBLO RELATING TO PARTICIPATION IN AND THE
CONDUCT OF THE FEDERAL HOME INVESTMENT PART-
NERSHIPS PROGRAM AND PROVIDING FOR THE EXECUTION
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
cFrTTnN 1_
That Agreement between the City of Pueblo and the County of
Pueblo dated August 31, 1991, a true copy of which is on file with
the City Clerk, relating to participation in and the conduct of
the Federal Home Investment Partnership Program ( "Agreement ") is
hereby approved and the President of the City Council authorized
to execute same, and the City Clerk to attest to same, by and on
behalf of the City of Pueblo.
SECTION 2.
No funds of the City are appropriated 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.
ATTEST:
r
qty Clerk
INTRODUCED: Au 26 1991
By DR. GILBERT GARBISO
Councilperson
APPROVED:
r of e Ci y C uncil
COUNCIL BACKGROUND PAPER
I. SUMMARY
A. Issue:
Intergovernmental Agreement between the City of Pueblo, and
Pueblo County for a joint funding effort under the federal Home
Investment Partnership Program (HOME) a new federal program to
provide safe, sanitary housing, for low -and moderate income
families in participating cities.
B. Reconnendations:
Approve the Consortium Agreement.
II. BACKGROUND
III.
Congress is now considering legislation for funding amounts that
would allow HUD to grant to entitlement communities federal funds
on a matching basis for low- income housing. The Pueblo County
Department of Community Services has requested that a consortium
be made that would allow County residences to receive HOME funds
for rehabilitation. The HOME legislation allows this to occur
only when a consortium cooperation agreement is prepared between
the participating local governments for a three year period and
submit such documents by September 3, 1991. HUD will then
consider the consortium as a unit of local government for
purposes of the HOME program formula.
FINANCIAL IMPACT
No final funding allocations to jurisdictions have been
authorized by Congress these are still under review. Preliminary
amounts for HOME funds for the Pueblo entitlement community range
from $500,000 to $261,000. Under existing legislation, if a
community receives less than $750,000 but at least $500,000, they
may add funds to meet the minimum required amount of $750,000.
However HOME funding amounts may be lowered depending on final
Congressional action. The local match requirement may come from
the Colorado Division of Housing, in the event the State does not
meet the local match requirement than local non - federal funds
will be needed to participate in the HOME program..
IV. ALTERNATIVES
A. The City could adopt the proposed agreement and form a
consortium with the County to share the HOME investment funds.
B. The City could reject the Consortium Agreement and depending
on final HOME funding allocations may be eligible for a formula
allocation on their own.
AGREEMENT
THIS AGREEMENT is made and entered into this 31st day of August,
1991, 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 form
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. Following formation of the consortium, 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 Comprehensive Housing
Affordability Strategy (CHAS) . Additionally, the City, as representative of
the consortium, 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, each party shall retain the sole and exclusive authority over
its
respective housing programs and the agencies carrying out such programs
on
behalf of each party. As such, each party shall set its own priorities for
the
use of any grant monies received by the consortium, and shall retain the
sole
and exclusive 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
to
divide any and all funding received under the HOME Program by
the
consortium, with eighty percent (800) of such funding being allocated to
the
City, and twenty percent (200) of such 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. The
contribution of each party of required non - federal matching funds 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
CHAS.
3. The consortium created under this cooperative Agreement shall prepare a
CHAS 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 CHAS shall describe the consortium's five -year strategy for addressing
housing, homeless and supportive housing needs covering all of Pueblo
County. The CHAS 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 CHAS will be submitted by
the consortium, each party retains the sole and exclusive 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
agree to affirmatively further fair housing.
4. This Agreement shall commence October 1, 1991, and, unless sooner
renewed or extended by separate written document between the parties, shall
terminate September 30, 1994. 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, 1991. 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 CHAS 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.
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5. The designation of the City as the representative of the consortium
notwithstanding, each party assumes full and exclusive responsibility for
carrying out its respective obligations under this Agreement, and the CHAS
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 of that
party under this Agreement or the CHAS.
6. Each party certifies and warrants that none of their 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.
IN WITNESS WHEREOF, the parties have entered into this Agreement the
day and year first written above.
ATTEST:
PUEBLO COUNTY, COLORADO
By . �� B
Clerk to the Board Chairman, Board of County
Commissioners
ATTEST:
CITY OF PUEBLO
C00- MC.28 /CAK
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 Agreement between the City and the County of Pueblo
dated August 31, 1991 relating to the undertaking of activities
for the HOME Investment Partnership Program as a consortium; that
the terms and provisions of the 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 Partnership Program.
Thomas E.
City Attorfa6er
STATE OF COLORADO,
County of Pueblo,
1 SS.
The Board of County Commissioners met in regular session in its
office in Pueblo County, Colorado, on Tuesday the 27 th day of
August A D 19 91 10:00
a o'clock.
Present: James M. Brewer
Sollie S. Raso
Chairman.
County Commissioner.
.. Kathy Farley County Commissioner.
Michael Como Assistant
County Attorney.
Lucille Wilson Deputy County Clerk or Deputy.
When the following proceedings, among others, were had and done, to wit:
RESOLUTION NO. 91-329 APPROVING THE AGREEMENT BETWEEN THE
CITY OF PUEBLO AND PUEBLO COUNTY FOR
THE PURPOSE OF COOPERATING TO FORM A
CONSORTIUM TO PARTICIPATE IN THE HOME
INVESTMENT PARTNERSHIPS PROGRAM
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, Pueblo County, Colorado and the City of Pueblo desire to
enter into an agreement whereunder the entities shall cooperate to form a
consortium to assist. in undertaking housing assistance activities for the HOME
Investment Partnerships Program in Pueblo County; 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 cooperative agreement with the City of Pueblo to enable
both entities to better serve the housing needs of the citizens of Pueblo
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pueblo County, Colorado, that the Agreement between the
City of Pueblo, a municipal corporation and Pueblo County, Colorado, dated
August 31, 1991, the terms and conditions of which are incorporated herein by
this reference, be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Chairman of the Board of County
Commissioners of Pueblo County, Colorado, be, and hereby is, authorized to
execute said Agreement on behalf of Pueblo County.
By the following vote on roll -call:
RASO -Aye,
FARLEY —Aye,
BREWER —Aye.
C00- 14C.- WCARES01,