HomeMy WebLinkAbout06305ORDINANCE NO. 6305
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
The Agreement between the City of Pueblo and the County of Pueblo dated March 23, 1998,
a true copy of which is on file with the City Clerk, relating to participation in and the conduct of the
Federal Home Investment Partnerships Program ( "Agreement ") for federal FY 1997 -1999 is hereby
approved and the President of the City Council authorized to execute same, and the City Clerk to
attest the 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: March 23, 1998
ATTEST:
City Clerkb
By Rich Golenda
Councilperson
APPROVED:
President o e C' Council
r, { ,
ORDINANCE NO. 6305
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
The Agreement between the City of Pueblo and the County of Pueblo dated March 23, 1998,
a true copy of which is on file with the City Clerk, relating to participation in and the conduct of the
Federal Home Investment Partnerships Program ( "Agreement ") for federal FY 1997 -1999 is hereby
approved and the President of the City Council authorized to execute same, and the City Clerk to
attest the 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: March 23, 1998
an
Rich Golenda
Councilperson
ATTEST:
City Clerkb
APPROVED:
President o e C' y Council
AGREEMENT
THIS AGREEMENT is made and entered into this 23rd day of March, 1998, effective as of
October 1, 1997, 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.
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 fiends, 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 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, 1997, and, unless sooner renewed or
extended by separate written document between the parties, shall terminate September 30, 2000.
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, 1997. 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.
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 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
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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 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.
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IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first
written above.
ATTEST:
By
Clerk to e Board
ATTEST:
City Clerk
PUEBLO COUNTY, COLORADO
A MUNICIPAL CO
By
Gf \
President odie aty Council
F: \FILLS \CITY \I IOU SING\HOME \HOMEAGR2. W PD -4-
CITY OF PUEBLO,
STATE OF COLORADO,
ss.
County of Pueblo,
The Board of County Commissioners met in Regular session in its
office in Pueblo County, Colorado, on Tuesday the 2 6 th day of
May A. D. 19 9 8 , at 10:00 A.M. o'clock.
Present: Richard A. Martinez (Excused) Chairman.
" John L. Klomp County Commissioner.
" Kathy Farley County Commissioner.
" Terry A. Hart County Attorney.
" Sue M. Kovacich DPp Clerk County Clerk or Deputy.
When the following proceedings, among others, were had and done, to -wit:
RESOLUTION NO. 98-222 RESCINDING RESOLUTION NO. 97 -399 AND
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
WHEREAS, this Board, by Resolution No. 97 -399, dated October 2, 1997, approved 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; and
WHEREAS, thereafter, the City of Pueblo requested changes be made to the Agreement
prior to their execution of said Agreement; and
WHEREAS, the Pueblo County Attorney's Office has negotiated and made those changes
and it is the recommendation of that Office that the Board rescind Resolution No. 98 -399
approving the original Agreement between the parties and approve the Agreement, as revised;
and
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. 94 -268, dated July 6, 1994, approved 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; and
WHEREAS, Pueblo County, Colorado and the City of Pueblo now desire to enter into the
Agreement, as revised, 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; and
STATE OF COLORADO,
SS.
County of Pueblo,
The Board of County Commissioners met in _ Regular session in its
office in Pueblo County, Colorado, on Tuesday the 26th day of
May A. D. 19 _9 , at 10:00 A.M. o'clock.
Present: Richard A. Martinez (Excused) Chairman.
" John L. Klomp County Commissioner.
" Kathy Farley County Commissioner.
" Terry A Hart County Attorney.
" Sue M. Kovacich, Dep. Clerk County Clerk or Deputy.
When the following proceedings, among others, were had and done, to -wit:
RESOLUTION NO. 98-222_ (Continued)
. WHEREAS, said cooperative agreement is for funds to be awarded during three federal
fiscal years, beginning October 1, 1997 and ending September 30, 2000, 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 Consolidated Plan (CP), and
there is no County match required by said guidelines for federal fiscal year 1997, 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
amlual appropriation of funds by the Board of Conunissioners 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pueblo County, Colorado, that:
1. Resolution No. 98 -399, dated October 2, 1997, which approved the Agreement
between the City of Pueblo and Pueblo County dated October, 1997, be, and
hereby is, rescinded.
2. The Agreement between the City of Pueblo, a Municipal Corporation, and Pueblo
County, Colorado, dated March 23, 1998, the terms and conditions of which are
incorporated herein by this reference, be, and hereby is, approved, nunc pro tune
October 1, 1997.
3. The Chairman of the Board of County Commissioners of Pueblo County,
Colorado, be, and hereby is, authorized to sign said Agreement on behalf of
Pueblo County.
By the following vote on roll call:
KLOMP — AYE FARLEY -- AYE
MLTY93,SAMT:U111ULCS '
COUNCIL AGENDA
A ORDINANCE APPROVING A COOPERATION to(
AGREEMENT BETWEEN THE CITY OF
PUEBLO AND THE COUNTY OF PUEBLO
RELATING TO PARTICIPATION IN AND THE
CONDUCT OF THE FEDERAL HOME Agenda Item #
INVESTMENT PARTNERSHIPS PROGRAM
AND PROVIDING FOR THE EXECUTION
THEREOF
LIN
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A. ISSUE:
Intergovernmental agreement between the City of Pueblo, and Pueblo County for a
joint funding effort under the federal HOME Investment Partnerships program to
provide safe, sanitary housing, for low and moderate income families in participating
cities.
B. RECOMMENDATION:
Approve the Consortium Agreement thereby renewing an agreement in existence since
1992.
• ►Ib
The City of Pueblo and Pueblo County since the inception of the federal HOME program 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 HOME funds would allow
County residences to receive HOME funds for rehabilitation while the County has provided
other non - federal funds for various projects. This HOME cooperation agreement is for a three
year period.
The 1998 funding allocations would be prorated to the County in'the amount of $155,890 and
the city share would be $761,110
PUEBLv
A. The City could adopt the proposed agreement and form a Consortium with the County
and share the HOME investment funds.
B. The City could reject the Consortium Agreement and receive the HOME funds with no
percentage to the County for a formula allocation on their own.,