HomeMy WebLinkAbout08020ORDINANCE NO. 8020
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE COUNTY OF PUEBLO RELATING TO
THE PARTICIPATION IN AND THE CONDUCT OF THE FEDERAL
HOME INVESTMENT PARTNERSHIPS PROGRAM AND
PROVIDING FOR THE EXECUTION THEREOF
WHEREAS, entitlement cities can choose to enter into a Consortium,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
The Agreement between the City of Pueblo, and the County of Pueblo dated May
26, 2009, a copy of which is attached herewith, relating to participation in and the
conduct of the Federal HOME Investment Partnership Act Grant ('Agreement') for
Federal FY 2010 -2012, 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.
SFrTinN 9
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.
INTRODUCED: May 26, 2009
BY: Judy Weaver
} Councilperson
APPR D' } �-
PRESIDENTaf Cfty Council
A77TSTFD DY:
CITY CLERK
PASSED AND APPROVED: June 8, 2009
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 21
DATE: May 26, 2009
DEPARTMENT: HOUSING AND CITIZEN SERVICES / ADA RIVERA CLARK
TITLE
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COUNTY OF
PUEBLO RELATING TO THE PARTICIPATION IN AND THE CONDUCT OF THE
FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM AND PROVIDING FOR
THE EXECUTION THEREOF
ISSUE
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.
RECOMMENDATION
Approval of the Ordinance.
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 IMPACT
By entering into a consortium, the City of Pueblo receives more funding than would be allocated
to it under the Entitlement Community Allocation Formula. Through the consortium, 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).
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CONSORTIUM AGREEMENT
a M.,y
THIS AGREEMENT is made and entered into thisXh day ofd 2009, effective as of
October 1, 2009, 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.
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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, 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
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, 2009, and, unless sooner renewed or
extended by separate written document between the parties, shall terminate September 30, 2012;
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, 2009 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, 2009. 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
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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 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.
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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.
11. The program year start date for the consortium is October 1, 2009 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.
IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year
first written above.
ATTEST: PUEBLO COUNTY, COLORADO
B By
r to the Board Chairperson, Board of County
Commissioners
ATTEST:
City rk
e
CITY OF PUEBLO,
A MUNNIICCIIPAL CORPORATION
By
President of the City Co cil
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