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HomeMy WebLinkAboutResolution-1993-1354 RESOLUTION NO. 1354 Series of 1993 TITLE: RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY, CITY OF GOLDEN, TOWN OF MOUNTAIN VIEW AND THE CITY OF WHEAT RIDGE, TO UTILIZE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the Community Development Block Grant program (CDBG) is a federally sponsored program that is intended primarily to provide funds to communities for the benefit of low and moderate income individuals; and WHEREAS, Jefferson County anticipates receiving between one million and 1.5 million dollars for the CDBG program; and WHEREAS, an intergovernmental cooperation agreement is proposed to provide for distribution of Community Development Block Grant funds; and WHEREAS, the CDBG program is one which will be beneficial to Jefferson County and each of the participating jurisdictions and the City of Wheat Ridge should participate in the program and cooperate with the County in implementation of the program; and WHEREAS, Section 14.2 of the Home Rule Charter of the city of Wheat Ridge requires that all intergovernmental agreements entered into by the City be approved by resolution; WHEREAS, the City Council of the city of Wheat Ridge has agreed to enter into the attached Intergovernmental Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. That certain Intergovernmental Agreement between the City of Wheat Ridge and the County of Jefferson, City of Golden, and the Town of Mountain View, regarding distribution of CDBG funds, which is attached hereto, is hereby approved. 2. The Mayor and City Clerk are authorized to execute said Intergovernmental Agreement. DONE AND RESOLVED this 1~~ day of June, 1993. /~) j,.d-u Ray J. I ATTEST: J ---...-/ / t u ( Wanda Sang, rk OFFICE OF THE CITY CLERK WHEAT RIDGE, CO 80033 THIS IS A TRUE AND CORRECT COpy (EXACT) OF THE ORIGINAL DaCUM NT IN MY CUSTO DATE: -/0 - J RESOLUTION NO. 1354 Series of 1993 TITLE: RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY, CITY OF GOLDEN, TOWN OF MOUNTAIN VIEW AND THE CITY OF WHEAT RIDGE, TO UTILIZE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the Community Development Block Grant program (CDBG) is a federally sponsored program that is intended primarily to provide funds to communities for the benefit of low and moderate income individuals: and WHEREAS, Jefferson County anticipates receiving between one million and 1.5 million dollars for the CDBG program: and WHEREAS, an intergovernmental cooperation agreement is proposed to provide for distribution of Community Development Block Grant funds; and WHEREAS, the CDBG program is one which will be beneficial to Jefferson County and each of the participating jurisdictions and the City of Wheat Ridge should participate in the program and cooperate with the County in implementation of the program: and WHEREAS, Section 14.2 of the Home Rule Charter of the 'city of Wheat Ridge requires that all intergovernmental agreements entered into by the City be approved by resolution: WHEREAS, the City Council of the city of Wheat Ridge has agreed to enter into the attached Intergovernmental Agreement: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. That certain Intergovernmental Agreement between the City of Wheat Ridge and the County of Jefferson, City of Golden, and the Town of Mountain View, regarding distribution of CDBG funds, which is attached hereto, is hereby approved. 2. The Mayor and City Clerk are authorized to execute said Intergovernmental Agreement. DONE AND RESOLVED this 1~~ day of June, 1993. Q,dJ (J ,~~ j. Ray J. i er, Jr .(j ~yor ATTEST: ,_ / i ' : ----/7tL il! t~ /\) d1-<- ( \'landa Sang, Ci ty ~rk '~j INTERGOVERNMENTAL COOPERATION AGREEMENT between JEFFERSON COUNTY and the CITY OF WHEAT RIDGE, COLORADO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS (Federal Fiscal Years 1994 through 1996) THIS AGREEMENT, dated for reference purposes only this 27th day of May, 1993, is between Jefferson County, Colorado (the "County"), a body politic and corporate of the State of Colorado, and the City of Wheat Ridge, Colo- rado (the "City"), a municipal corporation of the State of Colorado located in Jefferson County. RECITALS A. Pursuant to The Housing and Community Develop- ment Act of 1974, as amended, 42 U.S.C. 5301 et ~., (the "Act"), the U. S. Department of Housing and Urban Develop- ment ("HUD") administers a wide range of local housing and community development activities and programs under Title I of the Act. B. 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 expand- -l- ing economic opportunities principally for persons of low and moderate income. To further this objective, the fed- eral government provides Community Development Block Grant ("CDBG") funds to local governments to conduct and adminis- ter housing and community development activities and proj- ects (the "CDBG Programs"). The CDBG Programs are governed by regulations contained at 24 C.F.R. Part 570 (the "Regu- lations") . C. A determination has been made by HUD that the County is eligible to qualify as an urban county to receive funds from HUD by annual grant agreement. D. To become entitled on an annual basis to receive CDBG funds, a county must qualify as an "urban county." Cities and other units of local governments may be included as part of the urban county by entering into cooperation agreements. A city who has entered into an intergovernmen- tal cooperation agreement with the County shall be consid- ered to be a "Participating Jurisdiction." E. The qualification by HUD of an urban county remains effective for the next three successive fiscal years, January 1, 1994, through December 31, 1996 (the "Program Years") regardless of changes in the County's pop- ulation during that period, except for failure of an urban county to receive a CDBG during any year of that period. F. The County is submitting to HUD the required -2- documentation to qualify as an urban county so as to become eligible to receive annual CDBG funds for the Program Years (an "Entitlement County"). The City wishes to be included as a part of the urban county and to be eligible to partic- ipate in the County's CDBG Programs for the Program Years. G. Pursuant to C.R.S. S 29-1-201, et ~, the city and the County may enter into agreements for joint or coop- erative action and may contract with each other to perform any governmental service, activity, or undertaking that each is authorized by law to perform. H. This Agreement sets forth fully the purposes, powers, rights, obligations, and the financial and other responsibilities of the parties. I. Accordingly, the parties have determined that it will be mutually beneficial and in the public interest of both parties to enter into this Agreement regarding the conduct of the CDBG Programs. AGREEMENT NOW, THEREFORE, in consideration of the promises and cooperative actions contemplated hereunder, the parties agree as follows: 1. Inclusion of City. The City shall be included as a part of the county for CDBG qualification and grant calculation purposes for the Program Years. The parties recognize their mutual benefit to seeking entitlement -3- status so that there may be local control over CDBG monies and so that the parties may receive the benefits of yearly allocations of CDBG monies. The City understands that because it has elected to pursue entitlement status jointly with the County, HUD restricts the City during the Program Years from applying for grants under the small cities or state CDBG programs and from participating in a HOME con- sortium, except through the urban county, regardless of whether the urban county receives a HOME formula alloca- tion. 2. Period of Performance. The period of performance of this Agreement shall extend through the Program Years and such additional time as may be required for the expenditure of funds granted and income received during the Program Years and the completion of the funded activities (the "Period of Performance"). Neither the County nor the City may terminate, withdraw, or be removed from the Program during the Period of Performance, provided, however, that if the County fails to qualify as an urban county or does not receive a CDBG in any of the Program Years, or if any federal legislation changes the qualifica- tion or entitlement status of the County or the City, either party may terminate or withdraw from this Agreement. 3. Renewals. This Agreement will renew automatically for participation by the parties in succes- -4- sive three-year (3-year) qualification periods, unless the City or the County provides written notice to the other party that it elects not to participate in a new qualifica- tion period. The terminating party shall send a copy of the notice of termination to the Hun field office by the date specified in HUD's urban county qualification notice for the next qualification period. The County will notify the City in writing of the City's right to make this elec- tion. A copy of the County's notification must be sent to the HUD field office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the urban county qualification notice applicable for a subsequent three-year urban county qualification period and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. If the Agreement is renewed, the subsequent three-year (3-year) period will constitute the new Program Years. 4. Mutual Cooperation. The City and the County agree to cooperate as follows: a. To plan and prepare the CDBG Programs, the comprehensive housing affordability strategy (the "CHAS"), and detailed descriptions of CDBG Programs to be conducted -5- or performed during each of the Program Years. The final- ized activities and projects will be included in the "Final Statement of Community Development Objectives and Projected Use of Funds" (the "Final Statement") and in the requests for CDBG funds for the Program Years. The parties acknowl- edge, however, that the County has responsibility, as man- dated by HUD, for selection of the CDBG Programs to be included in the grant request and for submission of that request. The parties recognize that HUD requires the County to execute all grant agreements and holds the County legally liable and responsible for the overall administra- tion and performance of the CDBG Programs. Accordingly, the parties agree that the County shall have only the administrative responsibility necessary to meet the requirements of HUD for those CDBG Programs to be performed or conducted within the City. As further required by HUD and only to the extent required by HUD, the City and the County agree to cooperate to undertake or assist in under- taking community renewal and lower income housing assis- tance activities, specifically urban renewal and publicly assisted housing, as approved and authorized between the parties in the CDBG agreements, including the CHAS and the Final Statement. -6- b. To enter into separate CDBG agreements (the "CDBG Project Agreements") that are required by HUD to be entered into between the City and the County for the actual conduct of the CDBG Programs, as approved and authorized between the parties in the CDBG agreements, including the CHAS and the Final Statement. As required by HUD, the par- ties agree to include standards relating to the management and disposition of assets and real property acquired through the CDBG program, in accordance with 24 C.F.R. 570. c. As required by HUD, to affirmatively fur- ther fair housing within their own jurisdictions. The County may not provide any CDBG funding for activities in or in support of the City if the City does not affirma- tively further fair housing within its own jurisdiction or if the City impedes the county's actions to comply with the County's fair housing certification. This provision is required because non-compliance by the City included in an urban county may constitute non-compliance by the urban county, which may provide cause for funding sanctions or other remedial action by HUD. 5. Distribution of Funds. a. Administrative Allocation. The County may retain no more than ten percent 10% of the total CDBG funds -7- allocated to the County for the purpose of general over- sight, management, coordination, and related costs ("Admin- istrative Allocation"). b. Jurisdiction Allocation. Two-thirds of the funds remaining after the Administrative Allocation shall be allocated to the various Participating Jurisdictions and the County based upon the percentage that the low/moderate income population in the Participating Jurisdiction or the County represents of the total low and moderate income pop- ulation as established for the urban county by HUD ("Juris- diction Allocation"). c. General Allocation. One-third of the funds remaining after the Administrative Allocation shall be allocated to a pool for all Participating Jurisdictions and the County to share on a project by project basis (the "General Allocation"). d. Reallocation of Funds. The Jurisdiction Allocation shall not remain allocated to a Participating Jurisdiction but shall be added to the General Allocation if either of the following events occur: i. A Participating Jurisdiction does not comply with the laws and regulations applicable to the expenditure of CDBG funds. -8- ii. A Participating Jurisdiction elects not to apply for the funds that it is automatically eligi- ble to receive. In either case, the Participating Juris- diction will be eligible to apply for its Jurisdiction Allocation the following year. 6. Advisorv Board. In furtherance of the coopera- tive process of developing the CDBG Programs, and in order to insure coordination while respecting the role of the Participating Jurisdictions, the parties establish a CDBG Advisory Board. a. Membership. The CDBG Advisory Board shall include as members a representative from each Participating Jurisdiction, the County, and the Jefferson County Housing Authority. The Jefferson County Housing Authority shall be a non-voting member of the CDBG Advisory Board. b. Duties. The CDBG Advisory Board shall rec- ommend the allocation of the General Allocation. Although HUD requires the County to maintain legal liability and responsibility for the overall administration and perfor- mance of the CDBG Programs, the County will give strong consideration to the recommendations of the CDBG Advisory Board. 7. Mutual Agreements. The parties agree as fol- lows: -9- a. Books and Records. To maintain a complete set of books and records that account for the CDBG monies and the supervision and administration of the CDBG Pro- grams. The parties agree that they will provide access to these books and records to each other and to HUD, as neces- sary or requested, to confirm compliance with federal laws and regulations. b. Compliance with Laws. To take all actions necessary to comply with the following laws: (I) Federal Laws and Requlations. The Housing and community Development Act of 1974, as amended; Title VI of the Civil Rights Act of 1964; sections 104(b} and 109 of Title I of the Housing and Community Development Act of 1974; the Fair Housing Act, 42 U.S.C. 5301, et seq.i 24 C.F.R. Part 570, and especially 24 C.F.R. 570.501(b) applicable to subrecipients and 24 C.F.R. 570.503 applicable to the minimum standards for a written agreement prior to disbursing any CDBG funds; 24 C.F.R. Part 570, et ~, relating to requirements governing any income gener- ated from CDBG funds, ("Program Income"); all rules, regu- lations, guidelines, circulars, and other requirements pro- mulgated by the various federal departments, agencies, administrations, and commissions relating to the CDBG. (2) state and Local Law Compliance. The responsibilities of the parties shall be subject to appli- -10- cable state laws, city and county ordinances, resolutions, rules and regulations, and city charter provisions. (3) Nonviolent Civil RiQhts Policies. Pursuant to 42 U.S.C. 5304(1}, the County and the City each have adopted and are enforcing or will adopt and enforce by September 1, 1993, and, if requested, will provide copies to each other of the following policies: (a) Prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and (b) Enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of nonvio- lent civil rights demonstrations within its jurisdiction. c. Expenditure of Funds. All CDBG funds that are approved by HUD for expenditure under the grant agree- ments will be budgeted and allocated (i) to the County, no more than ten percent (lO%) of the total CDBG funds allo- cated to the County for administrative, general oversight, management, coordination, and related costs, as allowed by HUD, and (ii) to the specific CDBG Programs described in the Final Statement, which shall be expended only for the CDBG Programs for which the funds are provided. -11- D. Lobbvinq Requirement. To the best of the knowledge and belief of each of the city and County: (l) No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an offi- cer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amend- ment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an offi- cer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, each party agrees that it will complete and submit a Standard Form-LLL, "Dis- closure Form to Report Lobbying," in accordance with its instructions. (3) Each party agrees that it will require the language of this paragraph be included in the award -12- documents for all subawards at all tiers (including subcon- tracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 8. Amendments. This Agreement constitutes the entire agreement of the parties. Any changes and modifica- tions to this Agreement shall be made in writing and shall be executed by both parties prior to the performance of any work or activity involved in the change and be approved by HUD if necessary to comply with the Regulations. 9. Miscellaneous Provisions. a. Choice of Law. This Contract and the rights and duties of the parties shall be interpreted in accordance with the laws of the State of Colorado applicable to contracts made and to be performed entirely within the state. b. Forum. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising hereunder. c. Venue. Venue for any and all legal actions arising hereunder shall lie in the District Court in and for the County of Jefferson, State of Colorado. -13- d. Officials Not to Benefit. No member of the City or County government, commissioners or individual elected officers shall receive any share or part of this Agreement or any benefit that may arise therefrom. e. Indemnifieation. To the extent allowed by law, the City and the County agree to indemnify and hold each other harmless from and against any and all claims, losses, expenses, and attorney fees, including but not lim- ited to damages for personal injury, theft or damage to property, both public and private, resulting from or aris- ing out of an act or omission resulting directly or indi- rectly from the performance or failure to perform under this Agreement, provided, however, that the indemnification shall not cause a waiver of the Governmental Immunity Act for either the City or the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly authorized and executed. THE COUNTY: ATTEST: JEFFERSON COUNTY, COLORADO By n~ \~j\-~ John~Stone, Chairman Board of County Commissioners Date b i '5 "e, -14- ATTEST: THE CITY: C~lf 06 wh~at R~dg~ ~ I} j J By \..j) a_I i t/ j~"'- F- ' Name d J Ralf J. w~I'lC -"'C. JIt. Ti tIe J MalfO!t Date JUIl~ 10 1993 APPROVED A TO FORM: lj/!4c f) {2,,0// Assistant County Attorney APPROVED AS TO FORM: ~~d ~AMJlflV City A to ey -IS- 06d 0/93 08 55 '6"303 "71 8901 JEFFCO CTY ATTYS I4J 003/003 The terms and provisions of this agreement are fully authorized under state and local law and the Agreement pro- vides full legal authority for the County to cooperate to undertake or assist in undertaking community renewal and lower income housinq assistance activities, specifically urban renewal and publicly assisted housing, within the City. ') r;Yk,' JJ Ass- stant County Attorney - A!-r . J) il ~/riIU{l(/f. yfMA.JJf'm./ city Attorney -16-