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HomeMy WebLinkAbout05880ORDINANCE NO. 5 8 8 0 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 PARTNERSHIPS PROGRAM AND PROVIDING FOR THE EXECUTION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. That Agreement between the City of Pueblo and the County of Pueblo dated June 27, 1994, 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 ") for federal FY 1995 -1997 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. Except to the extent authorized in duly adopted Budgets, 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. INTRODUCED: June 27 , 1994 B CHARLES JONES Councilperson ATTEST: APPROVED: City Clerk e delft of the City Council 1%� AGREEMENT THIS AGREEMENT is made and entered into this 27th day of June, 1994, 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 WIMREAS, 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 select one or more Community Housing Development Organizations (CHDO) to receive required set aside funding, 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, 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, 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 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 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. 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 supporting 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, 1994, and, unless sooner renewed or extended by separate written document between the parties, shall terminate September 30, 1997. 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, 1994. 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. 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, inswing 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, -2- �i 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 CHAS. 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 or 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 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. -3- 4 IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. ATTEST: By &- Clerk to the Board PUEBLO COUNTY, COLORADO By Chairman, Board of County Commissioners ATTEST: Z)z M- CITY OF PUEBLO, A MUNICIPAL CORPORATION By P esi ent of the City Council KI STATE OF COLORADO, ss. County of Pueblo, The Board of County Commissioners met in regular session in its office in Pueblo County, Colorado, on Wednesday the 6th day of July A .D.l9 94 , a 10:00 o'clock. Present Kathy Farley Chairman. Richard A. Martinez County Commissioner. James M. Brewer County Commissioner. " Terry A. Hart County Attorney. Lucille Wilson Deputy County Clerk or Deputy. When the following proceedings, among others, were had and done, to wit: 4; RESOLUTION NO. 94 -268 APPROVING THE AGREEMENT BETWEEN THE ;v 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, said cooperative agreement is for funds to be awarded during three federal fiscal years, beginning October 1, 1994 and ending September 30, 1997, 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, based upon their respective populations; and WHEREAS, both the City and County, under the terms of the cooperative agreement, are required to contribute matching funds to be determined in accordance with the applicable match requirements established by the U.S. Department of Housing and Urban Development for the eligible activities conducted by each party in accordance with the Comprehensive Housing Affordability Strategy (CHAS), and there is no County match required by said guidelines for federal fiscal year 1994, and the County is entering into the cooperative agreement on the condition that all county matching funds to be contributed to this program during the term of this cooperative agreement are subject to the annual appropriation of funds by the Board of Commissioners of 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.