HomeMy WebLinkAboutResolution 2012-0031TITLE:
CITY OF WHEAT RIDGE CITY COUNCIL
RESOLUTION NO. ll
Series 2012
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
JOINT COOPERATION AGREEMENT BETWEEN JEFFERSON
COUNTY AND THE CITY OF WHEAT RIDGE REGARDING THE
FORMATION OF A HOME CONSORTIDM BETWEEN
JEFFERSON COUNTY AND THE CITY OF LAKEWOOD
WHEREAS , pursuant to the I lousing and Community Development Act of 1974,
as amended, 42 U.S.C. 530 I , et. Seq. (the Act). the U. S. Department of Housi ng and
Urban Development (HUD) administers a wide range of local housing and community
development activities and programs under Title I of the Act; and
WHEREAS, the primary objective of Title I of the Act is the development of
viable urban communities by providing decent housing, a suitable living environment,
and expanding economic opportunities principally for persons of low to moderate
income~ and
WHEREAS, to further this objective, HUD provides funds to local governments
to conduct and administer housing activities and projects; and
WHEREAS, HUD has made a determination that Jefferson County is an Urban
County and as such is eligible to qualify and receive funds from HUD by annual grant
agreement; and
WHEREAS , the City ofWheat Ridge can participate in Jefferson County's
HOME and Community Development Block Grant Programs by entering into an
Intergovernmental Agreement between the County and other municipalities and towns
within the County who wish to become Participating Jurisdictions; and
WHEREAS. the City of Wheat Ridge is a party to that certain intergovernmental
Agreement, dated on or about May 25, 2011, between the City and Jefferson County,
Colorado, which agreement concerns the City's participation in the County-administered
HOME and Community Development Block Grant Programs; and
WHEREAS , the Agreement sets out the purposes, powers, rights and obligations
and the fmancial and other responsibilities of the Parties thereto; and
WHEREAS, HUD has made determination that the City of Lakewood is an
entitlement community and as s uch is eligible to qualify and receive funds from HUD by
annual agreement; and
WHEREAS, Jefferson County and the City of Lakewood desire to create a
HOME Consortium to pool their HOME funds , thereby potentially making more funds
availab le to the Urban County; and
WHEREAS, HUD requires the C ity of Wheat Ridge and Jefferson County to
enter into an Intergovernmental Joint Cooperation Agreement concerning the allocation
and expendit ure of the funds through the HOME Consortium; and
WHEREAS, the Parties have collectively and separate ly determined that it will
be mutually beneficial and in the public interest of the Parties to enter into the above-
referenced Agreement regarding the administration of the HOME Consortium.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofWbeat
Ridge, Colorado, as follow s:
l. The Intergovernmental Joint Cooperation Agreement between the C ity of Wheat
Ridge and Jefferson County concerning the creation of a HOME Consortium
between Jefferson County and the City of Lakewood. a copy of which is attached
here to as Exhibit A is hereby approved by the City Council of the City of Wheat
Ridge, Colorado.
2. The Mayor and City Clerk are hereby authorized to execute the Agreemen t on
behalf of the City.
3. This Resolution shall take effect immediately.
DONE AND RESOLVED TffiS 25 1h day of June 2012.
ArrEST:
I NTERGOVERNM ENTAL JOINT COOPERATION AGREEMENT
AND HOME CO"\SORTI U'\1 AGREEMEI"'T
BETWE EN
JEFFE RSON C OUNT\', COLORADO
Al"'D
CITV OF WHEAT RJDGE . COLORADO
RELATI NG TO THE C ON DUCT OF
HOME !!'\'V ES TMENT PARTNERSHIPS PROGRAM
FOR GRANT \'EAR S 2013 THRO UG H 201 5
T ill S AGREEMENT is entered into and shall be effccuvc as of June I, 20 13, by and between Jefferson Count).
Colorudo (the "County"). a bod) corporate and politic of the State ofColorndo, and the City of Wheat Ridge (the
"City''), a municipal corporation of the State of Colorado located in Jefferson County.
RECITALS
A. In 1974 the U.S. Congress enacted the Housing and Communit> De,elopmcnt Act of 197 4. as since
amended (42 l1 S.C 530 I ct seq.) (''IICDA"), permitting and prO\ tding for the panicipation of the
Cnitcd States go' cmment in a" ide range of local housmg and commuOII) development activities and
programs under 1 itle I of HCDA "hu~h actt\ lites and programs arc administered by the L.S.
Dcpanment of llousmg and Urban Development (''H LID"). and the I lome InveStment Pannerships
Program ("IIOME") was enacted under Tule II (42 U.S.C 1270 1-12839) of the Cran5ton-Gonzale7
1\auonal Affordable Hou$ing Act ("NAHA ") '' h1ch nett\ ities and programs are administered b) HL'D:
8 fhe prirmlJ) obJectiYe ofTitle I ofliCDA ts the development ofvtable urban communities. by
pro' iding decent housing and a suitable living en' ironment and expanding economic opponunities.
principally for persons oflo\\ and moderate income. and the pnmar) objccti\(: of the IIOME program
IS to expand the suppl) of decenL safe, san it at') and affordable housmg for lo" and moderate income
Amencans. These objecuves an! to be accomplished b> the federal government providing financial
~sistance pursuant to HCDA and NA II A in the form of HOME funds to the state and local
governments to be used m the conduct and admini!>1rution of housing and community development
activities and projects as contemplated b) the primnt) objectives of the I lOME:. Program;
C. To implemen t the policies. objec ti ves and other prov istons of llCDA and NA II A, !IU D has issued
rules and regulallons govern ing the conduct of Community Development Block Grant (''CDBG'')
program~. puhl ished in 24 Code of Federal Regulation!> (CFR). Part 570 (the ''Regula tions''), ~\hic h
regulations provide that a coun ty rna) qualify as an "urban county", as defined in Section 570.3 of the
regulations. and thereby become eligible to receive entitlement grants from I IUD for the conduct of
CDBG and I lOME Programs as an urban coun t) and abo in 24 CI'R. Pnn 92, governing the HOME
program, wh1ch regulations provide that an urban count) rna) form a consonium \\tlh a metropolitan
city\\ tthin the county, as outlined in Sect10n 92.10 I. and that a metropolitan cit) that qualifies fo r a
separate entitlement grant rna) be included as a pan of the urban count) and HOME consonium b)
entering into a cooperation and consonium agreement "ith the urban county in accordance \\ith the
requirementS of the Regulations:
0 The Count> has heretofore qualified under the Regulauons as an "urban count)" and will receive
1-l OMF funds from I IUD by annual grant agreement. and the Cit) of Wheat Ridge. the Cit) of Golden.
the Cit) of Edge\\ ater. the 1 own of Mountain Vtc\\ and the lo"n of Lakeside have entered into an
Intergovernmental Cooperation Ag reemen t (the "CDBG Coopcrnti\'C Agreement") \\ith the Count)
makmg the ctties and towns identified abon· cligtble to parttcipate m the IIOML consortium The City
of Lake\\ ood. as a HlfO en titlement commurut)' and a metropolitan cit) "ill be included as a
panictpant in the I lOME Conso n ium:
E. In t 981, and again since then. HUD amended the Regulations, pursuant to amendments of!ICDJ\,
revising the qualification period for urban counties h) providing that the qualifications by HUD of an
urban count) and/or IIOME consonium shall remain effective for three succcsstvc grant years
rcgardlcs~ of changes in its populauon durmg that period, except for failure of an urban county to
receive a grant during an) year of that period. and also prm tding that during the three )car period of
qualification. no mcluded cit) or other unit of general local go' emment rna) withdra'' or be removed
from the urban count} or HOME consontum for IIUD's grant oomputauon purposes. and no Cit) or
other unit of general local gO\ ernment co,ering an additional area ma) be added to the urban count)
dunng that thrcc-~ear period except 10 the case ''here a cit) or other unit loses its dc:.tgnation as a
metropolitan city; ho\\e\er. the HOM[ consonium rna) add members dunng the three year
qualification period at the discretion of the lead entit) through the exc.:cutton of a consonium
agreement;
F. In 2012. the County is submitting to !IUD the required documentation to qualif) as an urban count),
includtng the Consolidated Plan and t.hc One Year Action Plan. pursuant to Section 570.307 of the
regulauons, !>O as to become eligible to recet'e annual I lOME funds for the next three Program Years
from Grant Years 2013. 2014 , and 2015 appropriations. and if the Cit) approve:. and authorizes thts
Agreement for a !lOME Consontum ( the "liOM£ Consortium Agreement"). an C'\CCuted cop) thereof
''ill be included 10 the documentation for thts ensuing period of qualification and. tfthc Count)
qualific~. the Cit) ''illthereb) be included as a pan of the urban count) and IIOMF consortium and be
eligible to panictpate in the County's IJOMI: Programs for the next three Program Years:
G. The Count) recognizes and under:;tands that 11 doc~ not have independent legal authority to conduct
community development and housing assistance activities within the boundaries of the Cit) and
therefore, its ability to conduct the !lOME Program in the City is Jim Jted by the requirement that it
must obtaiO permission from the Cit) to perform activities therein. and according!). in order for the
Cit) to be considered a pan of the urban county and IIOME consortium and be included in the
County's annual request to HUD for HOME funds. it ts required by the regulations for 1 10~1:
consoniums that the Cir:y and the Count) enter into a cooperation a.greement ''hereb) the Cit)
author11.c~ the Count) to undertake or to as.~ist in undertaking essential communll) development and
hous10g asststance acth tties within the Cll) as may be specified in the "Consolidated Plan" to be
submmcd to I IUD annuall) b) t.hc County to receive it!> annual HOME entitlement grant ;
H. Under general provisions of Colorado law governing contracting between governmental entities and by
'inue of spectfic authority granted in Pan 2 of Article I of Title 29, C.R.S., any two or more political
subdiv tstons of the state ma) enter into agreements wtt.h one another for j01nt cooperative action and
any one or more poli tical subdivisions may contract with another or with a legal or adminisrrative
entity created pursuant to that act to perform an) governmental service, acuvity or undertaking \\ hich
each political subdivision entering into the contract is authorized b) Ia" to perform. and
According!). the parties hereto ha\e determined that 11 ''til b¢ mutually benefictal and in the public
intere$t of both pantes to enter tnto this mtcrgoH:rnmcntal agreement regardmg the conduct of the
County'5 IIOME Programs.
TIIEREFORE. in constdcration of the premises and cooperative actions contemplated hereunder, the panics agree as
follows:
I. B) entering into this intergovernmental joint cooperation agreement with the Count) ("IIOME Consonium
J\grccment"), the City shall be tncluded as a pan of Jefferson County's IIOME consonium for
qualification and grant calculation purposes upon the qualification by I IUD of the County to receive
I IOML Program entitlementS as a IIOMF consonium for the next three successi"c Program Years.
1 une I. 20 13 through Ma) 31. 20 16.
2. As required b) the Consolidated Plan final rule. 2-1 CRf Part 91 . the H0\1E consonium ts on the same
program year as the urban OOUnf) CDBG program. June I through Ma) 31 As pronded m Section
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92 .10 I of the.: Regulations. tht qualification of the County as a HOME consortium shall remain
cfTcctivc for the next three successive grant years. June I, 2013 through May 31. 20 16, regardless of
changes in its population during that period of time and the Parties agree that the Ciry may not
withdraw from nor be removed from inclusion in the HOME consortium during the period of
qualification.
3. A full) executed copy of this HOME Consortium Agreement, together with the approving resolutions of
both the City and the County, shall be submitled to HUD b) the County as part of its qualification
documentation and the City docs hereby give the County the authority to carry out HOME Program
activities and projects which will be funded from annual HOME funds from grant years 20 13. 20 I 4.
and 2015 appropriations and from any Program income generated from the expenditures of those
funds.
4. The City and the Count) agree to, and shall cooperate in, the preparation of detailed HOME Program
activities and projects to be conducted or performed in the City during each of the three program years
covcn:d by this I lOME Consortium Agreement and these finalized activities and projects will be
included in the County's Consolidated Plan and requests for funds for those program years. The city
understands and agrees, however, that the County shall have final responsibility for selecting the
program activities and projects to be included in each annual grant request and pr~ject grant request
and for riling the Consolidated Plan with 1-JUO on an annual basis.
5. TI1c panics recognize and understand thatthl' County, as a qualified HOME recipient and urban county.
will be the lead entity required to execute all grant agreements received from I IUD pursuant to the
County"s annual request for HOME Program funds and that as the lead entity it assumes overall
responsibility for ensuring that the consonium's HOME Program is carried out in compliance with the
requirements of the IIOfvU:. program. including requirements concerning the Consolidated Plan.
Further. the County , as lead cntit). will to the extent required by HUD. be the responsible entity under
such grant agreements for the overall administration and performance of the I lOME programs.
including the projects and activities conducted within the City. Accordingly. the.> Cit)' agrees that as to
all projects and activities performed or conducted in the City under any HOM I· grant agreement. which
includes the City, that the County shall have the ultimate supervisory and administrative control and
compliance responsibility.
6. The City shall cooperate full) with the County in all HOME Program efforts planned and performed
hereunder and docs hereby allow and permit the Coumy to undenake or assist in undenaking essential
community development and housing assistance activities within the City as may be approved and
authorized in the County's agreements. including the Consolidated Plan . The City and the County also
agree to cooperate to undcnakc, or assist in undertaking, community development housmg assistance
activities for the HOME Program, as they may be planned and specified in the County's Consolidated
Plan subm incd annual I>• to I TUD for the three Program years specified herein and for such additional
time as may be required for the expenditure HOME funds granted by the Count) for such activities.
7. The County. as the lead entity. is authorized to act in a representative capacity as the lead emit)' for all
members of the consortium for the purposes of administering the I lOME Progmm . The County will
accept project recommendations trom all HOME consortium members. but reserves the right to make
final f1Jnding decisions based upon the recommended projects.
8. The HOME funds will be disbursed so that no less than fol1)'-scven percent (47%) of the 81Ulual HOME
Consortium allocation be reserved for projects located within the boundaries of the Urban County
("Urban Count) Percentage'') and no less than fifty-three percent (53%) of the annual !lOME
Consortium allocation be reserved for projects located within the boundaries of the City of Lakewood
(''Lakewood Percentage .. ). ProjectS located outside of the.: Cit) of Lakewood boundaries will not
utilize any portion of the Lakewood Percentage unless first approved by the City of Lakewood or
unless Lakewood has not designated projects as provided be)O\\. ProjectS located within the City of
Lakewood boundaries will not utilize any portion of the Urban Count) Percentage unless fin.1
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appro' ed by the County on behalf of all HOME consortium members . If Lakewood does not identify
in writing the projects eligible for payment from the Lakewood Percentage '' ithin one (I) year from
the date of an award, the County shall have the authority to reallocate any portion of the Lakewood
Percentage not designated for a specific eligible project for use for any project \\~thin or without the
Lakewood boundaries as deemed appropriate by the County. I lOME Consortium members will revisit
the disbursement percentages at the time of the automatic rcnewaJ of this HOMt. Consortium
Agreement and reserve the right to amend the Agreement to include percentages reOecting updated and
current demographic data.
9. For the City of Lakewood (''Lakewood'') he HOME funds may be accessed by the Lakewood in two ways:
Lakewood may approve a project or activit). carried out by a third entity, as appropriate for the needs
of Lakewood. and endorse the application, or; Lakewood may originate a grant or loan request on its
o\\n behalf for an eligible project or activity . If the City applies for HOME funds Itself. then the
provisions in paragraphs 10 and 11 apply and the Cit) shall comply with all other provisions of this
HOME Consortium Agreement. For example, if the City opts to create an eligible homeowners
rehabilitation program, 1l1e City would be subject lO the same requirements as a subrecipient. including
a \lrinen agreement . If the Cit} approves or endorses a third party application, then the City's
continuing participation in the project or activity is not required.
I 0. Pursuant 10 24 CFR 92 .504, the City is subject to the same requirements applicable to subrecipicnts,
111cluding the requirement of a wriucn agreement as set forth in 24 CRF 92.504.
II. The City understands thai pursuant to Section 92 .504 of the Regulations, it \\~II be nccessar) for the City to
en ter into separate pr~ject agreements or sub-grants in writing with the County with respect to the
actual conduct of the projects and activities approved for performance by the City for the three HOME
Program years covered be the cooperation agr\:cment and that the funds designated in the County's
Consolidated Plan for those projects and activities will also be funded to tl1e City under those separate
project agreements or sub-grants . Subject to the provisions of Paragraph 5 above. the City will
administer and control the pcrfonnancc of the projects and activitie~ specified in those separate project
agreements. and will be responsible for the expenditure of the funds allocated for each such proJect or
activity and will conduct and perform the projects and activities in compliance with t11e Regulations
and all other applicable federal laws and requirements relating 10 the HOME Program .
12. Alii-lOME Program funds that are approved by I-IUD for expenditure under the County 's grant agreements
for the three Program years covered by this Agreement, including those that are idemificd for projects
and activities in the City, 11ill be budgeted and allocated to the specific projectS and activtties
described and listed in the County's Consolidated Plan and One Year Action J>lan to the Consolidated
Plan submiucd annually to ITUD and those allocated funds shall be used and expended only for the
projects or activiues to which the funds arc tdemified. No project or activity nor the amount allocated
therefore may be changed, modified. substituted or deleted by the City with respect to any project of
activit) without the prior written approval of the County and the approval of I-IUD when that approval
is required b) the regulations.
13. Because the City will be included as part of the HOME consortium for the three Program Years covered by
thts Cooperation Agreement, the City will do all things that are appropria.tl! and required of it 10
comply\\ ith the applicable provisions of the grant agreements received b) the County from HUD in
which the City is included, and with the provisions of HCDA and NAI-IA and all Rules and
Regulations. guidelines, circulars. and other requisites promulgated by the various federal departments.
agencies, administrations and commissions relating to the HOME Program. In addition. the City and
the County shall ea.ch take all actions necessary to assure compliance with the certification required of
the Count) b) Section 104(b) of Title I ofHCDA including the National Environmental Policy Act of
1969. Title VI of the Civil Rights Act of 1964, Title VIU of the Civil Rights Act of 1968. the Fair
I lousing Act , Section 109 of Title I ofi-ICDA and other laws applicable to the conduct of the HOME
and Program . In addition. the parties hereto undcr~1and and agree that the County may not prO\'ide any
HOM£ funding for activities in. or in support of. the City if the City does not affirmathrely further fair
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housing within its jurisdiction or impedes the County" s actions to comply with its fair housing
ceni ficauon .
14. During the period of performance of this IJOMF Consortium Agreement. as provided in Paragraph 18
below, the Cny shall :
(a) Inform the County of any income generated by the expenditure of HOME:. Program
funds received by the City:
(b) Pay over to the Coumy any Program Income received by the City, or retain and use
that Progrdm Income subject to, and in accordance ,.,.ith, the requirements and
provisions of the separate HOME project agreements that will be entered into
bct\\et:n the C'ity and the Coumy for the actual conduct of the HOMF Program:
(c) Use any Program Income the City is authorized by the County to .retain only for
eligible activities in accordance with all HOME Program requirements as may then
apply and as will be specifically provided for in the separate project agreements
between the City and the County;
(d) Keep appropriate records regarding the receipt or, usc of, or disposition of all
Program Income and make reports therein to the County as will be required under
the separate project agreements between the City and the County. and
(e) Pay over to the County any Program Income thlll may be on hand in the event of
close-out or change in status of the Cit) or that ma} be received subsequent to the
close-out or change in status as will be provided for in the separate project
agreements mentioned above .
15 . The separate proJect agreements or sub-grant agrcemtnts that will be entered into bet\H:en the County and
the Cit) for the conduct of the HOME Program , as mentioned and referred to elsewhere in this
agreement , shall include provision:. setting forth the standards which shall apply to any real property
acquired or improved by the City, in whole or in part , using HOME Program Funds. These standards
\\ill require the City to.
(a) Notif) the County in a timely manner of any modification or change in the use of
that property from that which was planned at the time of acquisnion or improvement
and this notice requirement shall include any disposition of such property.
(b) Reimburse the County in an amount equal to the current fair market value of
property acquired or improved with HOME funds (less any pon.ion thereof
anributablc to expenditures of non-HOME funds) that is sold or transferred for a use
which does not qualify under the Regulations. and
(c) Pay over to the County any Program Income that is generated from the disposition or
transfer of property either prior to. or subsequent to , an} close-out. change of status
or tennination oftl1is HOME Consortium Agreement that is applicable.
16. The City. by execution of' this HOME Consortium Agreement understands that it may not participate in a
HOME consortium except through tl1e urban county, regardless of whether the urhan county receives a
IJOME formula allocation. The City may. however, apply for State HOME funds.
17. The County shall , in accordance with the applicable requirements of 24 C.F.R. Part 92 , collect an
administrative fee for the performance of its duties administering the HOME program. pursuant to this
agreement . In no event shall the administrative fee exceed ten percent (10%) of the overall annual
IIOME allocation . The County can elect to enter into an annual agreement wilh the City if the City and
County mutuall)-agree the City will perform administrative functions relating to the HOME program.
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In this occurrence the City would be subject to the same requirements as a subrecipient, including a
written agreement and adherence to all I lOME rules and regulations .
I 8. The period of performance of this HOME Consortium Agreement shall cover three HOi'vt.E Program years
consisting of the County's 1". 2"d, and 3'd Program years from this HOME Consortium Agreement.
beginning June I, 2013 and ending May 31, 20 16 (and subsequent 3 year terms for any renewal
penods). The HOME and CDBG program years are the same. as is required . As 1itated herein,
however. the HOME Consortium Agreement in its initial period of performance is intended to cover
activities to be canied out with annual HOME Consortium funds !Tom grant year 20 13. 2014, and 2015
appropriations (and the following three grant years for each subsequen t renewal period) and shal l be
and remain in full force and effect until all projects and activities approved and authorized to be
performed and funded for those grant )'l!ars have been completed and any program income earned has
been remirtcd to the Count) or used by the City in accordance with the criteria described in paragraph
13 and the pr~jccts authorized in separate project agreements or sub-grant agreements shall have mel
all alfordability requirements.
19. This I lOME Consortium Agreement will be amomatically renewed for participation for successive three
(3) year qualification periods, unless a part) provides writh!n notice to the other pany that it elects not
to participate in a new qualification period. TI1e written notice should be provided a minimum of 60
days prior to the deadline for automatic renewal.
The party u.:rminnting this II OM I:. Consortiun1 Agreement must notify the other party in writing of the
election of its right not to participate and termination of this II OME Consortium Agreement. A copy
of the notification must be sent to both the other party and the I-IUD Region 8 field ollice by the party
electing not to participate . Notices and responses must be sent according to the schedule specified in
IIUD"s HOME consortia qualification notice and the urban county qualification notice for the next
qualification period .
fhe County will notify the City in writing of the City's right to make an election to terminate this
HOME Consortium Agreement. A copy of the Coun t y"~ notification must be sent to the HUD field
omce by the date specified in the IIllO's HOME consortia qualification notice and the urban county
qualification notice for the next qualification period .
Each part) hereb) agrees to adopt any amendment to this I lOME Consortium Agreement
incorporating changes necessary to meet the requirements for cooperation agreements se t forth in the
HOME consortia qualification notice and the urban count) qualification notice applicable for a
subsequent three-year I lOME consortia and urban county qualification period , and to submit such
amendment to JJUD. Failure to comply with this provision and to submit the amendment to the HUD
field office will void the automatic renewal for such qualification period.
If a new member is added for the first year of a new qualification period. th e automatic renewal clause
for the next term shall not apply and a new consortium agrcemenL signed by all members. shall be
required to continue the I lOME Consortium witJl all the parties. The new consortium agreement may
contain automatic renewal provisions for subsequent qualification periods.
20. Each HOME consortium member agrees to affirmatively further fair housing.
21. Pur~uant tO the provisions of 24 C.F.R. § 91.225 the City has adopted and is enforcing the following
policies:
(a) Prohibiting the use of excessive force by Ia\\ enforcement agencies within its
jurisdiction against an) individuals engaged in nonviolent civil rights
demonstrations. and:
(b) E:.ntbrcing applicable State and local laws against physically barring entrance to or
exit from a facilit) or location which is the subject of such noll\ iolent civi l rights
demonstration within its jurisdiction.
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22. Any changes and modifications to this Agrcemen1 shall be made in writing and shall be executed b) both
parties. e~cept as provided in 23 c) bclo\~. prior to the performance of an) work or activity involved in
the change and be approved by ITUD, if necessary. to comply with the Regulations.
23 .
(a) This I lOME Consortium Agreement sha ll be and remain in force and effect for the
period of performance specified in Paragraph 18 hereof and, when the County has
been qualified by HUD as a HOME consortium and urban county. neither the
County nor the City rna) terminate this HOME Consortium Agreement or withdra\~
there from during that period of performance.
(b) During the three Program Years for which the Cou nt y has qualified, the panics agree
not to veto or otherwise obstruct the implementation of lhe approved Consolidated
Plan during that three rear period and for such additionalt1me as may be required for
the expenditure of funds granted for that period .
(c) The County is authori7..cd to amend thts 110M I: Consortium Agreement for the
purpose of adding nC\\ members to the Consortium on behalf of the entire
consortium. The County may enter into an agreement with a new member to add the
nc" member and bind them to the same tenns as set forth in this I lOME Consortium
Agreement.,
24 . The parties agree to maintain a complete set of books and records that account for the HOME monies and the
supervision and administration of the HOM 1~ Programs. The parties agree that they wi II provide access to
these books and records to each other and to HUD, as nccessai) or requested. to confirm compliance with
Federal laws and regulations.
25. This ll OME Consortium Agreement and the rights and duties of the part1es shall be interpreted in
accordance with the laws of the State of Colorado applicable ro contracts made and to be performed
ent irely within the state.
26. The courts of the State of Colorado shall have sole and exclusive Jurisdiction of any djsputes or li ti gauon
arising hereunder.
27. Venue for an) and all legal actions arising hereunder shall lie in the District Court in and for the County of
JeiTcrson. State of Co lorado.
28 . No member or employee of the City or County government. commiSSioners. cit) council persons or
indi' idual elected omccrs shall receive any share or part of this Agreement or any benefit that may arise
therefrom.
An ACHMENTS:
Jefferson Cou nty, Colorado 20 I 0-2014 Five-Year Community Development Consolidated Plan Includin g the
2012 One Year Action Plan to the 2010-2014 Consolidated Plan
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IN WITNESS Wl IEREOF. the panics hereto have caused this agreement to be dul y authorized and executed by
..:ach on the date s pecified as follows :
JEFFERSON COUN rY. COLORADO
By:__,..,.-,--~-,----:--,----
Donald Rosier , Board Chair
Board of County Commissioners
ATIEST:
By: ---:---:---:--::-=------::----,----..,-
Cierk to the Board or County Commi ss ioners
Approved as to fonn :
Dy ___________________ _
Assistant County Attorney
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