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HomeMy WebLinkAbout2023 - RESO - 32 - IGA with Jeffco CDBG Funding CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32 Series of 2023 TITLE: A RESOLUTION APPROVING THE FOURTH AMENDMENT TO AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE, COLORADO, PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge (“City”) is authorized to enter into cooperative agreements with other governmental entities to provide any function, service, or facility each is authorized to undertake; and WHEREAS, on June 13, 2011, by Resolution No. 17, Series 2011, the City Council (“Council”) approved an Intergovernmental Cooperation Agreement between the City and Jefferson County (“County”) concerning Community Development Block Grant programs (the “IGA”); and WHEREAS, on September 26, 2011, by Resolution No. 33, Series 2011, the Council approved a First Amendment of said IGA; and WHEREAS, on July 14, 2014, by Resolution No. 42, Series 2014, the Council approved a Second Amendment of said IGA; and WHEREAS, on September 28, 2020, by Resolution No. 47, Series 2020, the Council approved a Third Amendment of said IGA; and WHEREAS, the Council wishes to approve a Fourth Amendment in order to maintain compliance with federal requirements and preserve the City’s ability to participate in the Community Development Block Grant program; and WHEREAS, pursuant to Section 14.2 of the City’s Home Rule Charter, the Council must approve intergovernmental agreements and amendments thereto by resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Fourth Amendment to the Intergovernmental Agreement between Jefferson County and the City of Wheat Ridge concerning Community Development Block Grant Programs, attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 12th day of June 2023. ___________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk TM 11-01050 1 FOURTH AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT THIS FOURTH AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT (this “Fourth Amendment”), dated for reference purposes only this 12th___ day of MayJune, 2023, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the “County”) and CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado (the “City”). RECITALS A. The County and City previously entered into an Intergovernmental Cooperation Agreement dated May 25, 2011 (the “Agreement”), which qualified the County as an urban county and entitled the parties to receive Community Development Block Grant (“CDBG”) funds to conduct and administer housing and community development activities and projects; B. The County and City subsequently entered into (1) the First Amendment to Intergovernmental Cooperation Agreement dated August 29, 2011; (2) the Second Amendment to Intergovernmental Cooperation Agreement dated June 4, 2014; and (3) the Third Amendment to Intergovernmental Cooperation Agreement dated September 15, 2020; C. The County and City now desire to further amend the Agreement as set forth herein to meet the requirements for cooperation agreements set forth in the current urban county qualification notice and to update the urban county's project application and approval process; D. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. AGREEMENT In consideration of the covenants and conditions set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and the City agree as follows: 1. Section 4(e) of the Agreement shall be deleted in its entirety and replaced with the following: The County and the City shall (i) take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and regarding affirmatively furthering fair housing; (ii) comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with TM 11-01050 2 Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968; and (iii) comply with all other applicable laws. Urban county funding shall not be used for activities in, or in support of, the City if the City does not affirmatively further fair housing within its own jurisdiction or the City impedes the County’s actions to comply with the County’s fair housing certification. 2. A new Section 4(f) shall be added to the Agreement which reads as follows: The County and the City will comply with the requirements in the Form HUD 424-B (“Applicant and Recipient Assurances and Certifications”), which the County signs. 3. Section 6 of the Agreement shall be deleted in its entirety and replaced with the following: 6. Project Application and Approval Process. a. Project applications from the County, the City and other eligible applicants will be reviewed by the County’s Community Development Division using evaluation criteria set forth in the applicable Consolidated Plan and the goals of the Jefferson County Board of County Commissioners. Higher priority shall be given to eligible proposals submitted by the County and the City so long as proposals are consistent with the applicable Consolidated Plan. b. The decision for determining what activities receive block grant funding is the responsibility of the Jefferson County Board of County Commissioners. 4. Section 7 of the Agreement shall be deleted in its entirety. 3.5. Except as amended herein, all terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. In the event of any conflict between the Agreement and this Fourth Amendment, the terms and conditions of this Fourth Amendment shall control. (Signature Page Follows) Formatted: Indent: Left: 0.5", No bullets or TM 11-01050 3 TM 11-01050 4 The parties hereto have caused this Fourth Amendment to be executed. COUNTY OF JEFFERSON STATE OF COLORADO By: _____________________________ Andrew Kerr, Chairman Board of County Commissioners Date: ___________________________ APPROVED AS TO FORM: _______________________ Jean R. Biondi Assistant County Attorney CITY OF WHEAT RIDGE STATE OF COLORADO By: ____________________________ Bud Starker, Mayor Date: __June 12, 2023_________________________ Formatted: Underline