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HomeMy WebLinkAboutResolution-2005-0050 - CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 50 Series of 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE APPROVING AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH JEFFERSON COUNTY TO P ARTICIP ATE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the Wheat Ridge City Council adopted ResolutiOn No 1354, Senes 1993. approvmg smd llltergovernmental cooperatiOn agreement; and amended said agreement on Decemher 21, 1993. Decemher 20,1994 and February 10, 1997, and WHEREAS, said resolutiOn approved an mtergovernmental agreement between the City of Wheat Ridge and Jefferson County regarding participation III the Commulllty Development Block Grant Program, and WHEREAS, it IS deSired to adopt a ne\'< intergovernmental cooperatiOn agreement m order to ehmlllate the general allocatiOn fund and mcrease the amount of Jurisdictional allocatiOn of the CDSG program from the Federal allocatiOn to the particlpatlllg junsdictiOns; and WHEREAS, It IS desired to adopt a new llltergovernmental cooperation agreement m order to provide for city representatiOn on the Commulllty Development AdVISOry Soard NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that: The attached Intergovernmental CooperatIve Agreement between the City of Wheat Ridge and the County of Jetferson, regardmg partlclpation III the CDSG Program is hereby approved. '") The Mayor and City Clerk are hereby authorized and empowered to execute the Intergovernmental Agreement on behalf of the CIty of Wheat Ridge DONE AND RESOLVED THIS 24th day of October, 2005 . r /./ i . ,\{,'-<J. irl' L- u "----"'-_L;:t '......1..:::., ~. v Gretchen Cerveny, Mayor ATTEST ~~ Q { ~1.(.LJA. veX,U.-- Pamela J And~1m. CltV ('Jerk ./ SR\ ( I. '\D\1_11111',IISERS'.BDl:LGADILLO\l\lHll1S,RESOS'j(j,\ I.t)!{ ('013(, j)()( ,\ . I r:. ' iJJACyUK { rO ()(c' {~ /Lif., ,,' jD<- .. , INTERGOVERNMENTAL COOPER A TION AGREEMENT Between JEFFERSON COUNTY and the CITIES OF EDGEW A TER, GOLDEN, Town of MOUNT AIN VIEW, WHEAT RIDGE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS (Federal Fiscal Years 2005 through 2008) THIS AGREEMENT, dated for reference purposes only this _ day of _, 2005, is between Jefferson County, Colorado (the "County"), a body politic and corporate of the State of Colorado, and the Cities of Edgewater, Golden, Town of Mountain View and Wheat Ridge (the "Cities"), municipal corporations of the State of Colorado located in Jefferson County. RECITALS A. Pursuant to The Housing and Community Development Act of 1974, as amended, 42 U.S.C 5301 ~ ~., (the "Act"), the U.S. Department of Housing and Urban Development ("HUD") administers a wide range of local housing and community development activities and programs under Title I of the Act. B. The primal) 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 and moderate income. To further this objective, the Federal government provides Community Development Block Grant ("CDBG") funds to local governments to conduct and administer housing and community development activities and projects (the "CDBG Programs"). The CDBG Programs are governed by regulations contained in 24 C.F R. Part 570 (the "Regulations"). 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. m1attorney/Comm_DcvIIGA CDBG Cites 2005-2008 doc I o To become entitled on an annual basis to receive CDBO funds, a county must quality 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 that has entered into an intergovemmental cooperation agreement with the County shall be considered to be a "Participating Jurisdiction." E. The qualification by HUO of an urban county remains effective for the next three successive fiscal years, September 1,2003, through August 31,2005, (the "Program Years") regardless of changes in the County's population during that period, except for failure of an urban county to receive a COSO during any year of that period. F The County is submitting to HUD the required documentation to qualifY as an urban county so as to become eligible to receive annual CDSO funds for the Program Years (as "Entitlement County"). The Cities wish to be included as part of the urban county and to be eligible to participate in the County's CDSO Programs for the Program Years. O. Pursuant to C.R.S Section 29-1-201, ~ ~., the Cities and the County may enter into agreements for joint or cooperative 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 ofthe parties. I. Accordingly, the parties have determined that is will be mutually beneficial and in the public interest of the parties to enter into this Agreement regarding the conduct of the CDBO Programs. rn/attomey/Comm_DevIIGA CDBCi Cites 2005-2008.doe 2 AGREEMENT NOW, THEREFORE, in consideration of the promises and cooperative actions contemplated hereunder, the parties agree as follows: I. Inclusion of Cities. The Cities shall be included as a part of the County for CORa qualification and grant calculation purposes for the Program Years. The parties recognize their mutual benefit to seeking entitlement status so that there may be local control over CORa monies and so that the parties may receive the benefits of yearly allocations of COBa monies. The Cities understand that because they have elected to pursue entitlement status jointly with the County, HUD restricts the Cities during the Programs Years from applying for grants under the small cities or state COBa programs and from participating in a HOME consortium, except through the urban county, regardless of whether the urban county receives a HOME formula allocation. 2. Period of Performance. This Agreement shall remain in effect 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 Cities may terminate, withdraw, or be removed from the Program during the Period of Performance. 3 Renewals. This Agreement will renew automatically for participation by the parties in successive three-year (3-year) qualification periods, unless the Cities or the County provide written notice to the other party that it selects not to participate in a new qualification period. The terminating party shall send a copy of the notice of termination to the HUO field office by the date specified in HUD's urban county qualification period. The County will notify the Cities in writing of the Cities' right to make this election. 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 HUO as provided in the urban county qualification notice will void the m/attomey/Comm_DevllGA CDBG Cites 2ooS-200S.doc 3 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 Cities and the County agree to cooperate as follows. a. To plan and prepare the CDBG Programs, the Comprehensive Housing Affordability Strategy and Community Development Plan (the "Consolidated Plan"), and detailed descriptions of CDBG Programs to be conducted or performed during each of the Program Years. The finalized activities and projects will be included in the Consolidated Plan and in the requests for CDBG funds for the Program Years. The parties acknowledge, however, the County has responsibility, as mandated 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 administration and performance of the CDBG Programs. Accordingly, the parties agree that the County shall have the administrative responsibility necessary to meet the requirements ofHUD for those Cities selected CDBG Programs to be performed or conducted by the Cities. The County will have full administrative responsibility for all programs performed or conducted by the Cities. As further required by HUD and only to the extent required by HUD, the Cities and the County agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities, as approved and authorized between the parties in the CDBG agreements, including the Consolidated Plan. b. As required by HUD, pursuant to 24 C.F.R. ~ 570.501 (b) and ~ 507.503, Cities may enter into separate CDBG agreements (the "CDBG Agreements") with the County for the actual conduct of the CDBG Programs, as approved and authorized by the Board of County Commissioners and the Consolidated Plan. As required by HUD, the parties agree to include standards relating to the management and disposition of assets and real property acquired through the CDBG Programs, in accordance with 24 C.F.R.570 c. As required by HUD, to affirmatively further fair housing within their own jurisdictions. The County may not provide any CDBG funding for activities in or in support of the Cities if the Cities m1altomey/Comm_DevIIGA CDBG Cites 2005-200S.doc 4 do not affinnatively further fair housing within their own jurisdiction or if the Cities impede the County's actions to comply with the County's fair housing certification. This provision is required because non- compliance by the Cities 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 twenty percent (20%) of the total CDBG funds allocated to the County for purposes of general oversight, management, coordination, and related costs ("Administrative Allocation"). b. Jurisdiction Allocation. The funds remaining after the Administrative Allocation is subtracted from the total CDBG funds shall be allocated to the various Participating Jurisdictions and the County based upon the representative percentage of low/moderate income populations in the Participating Jurisdictions or the County, as established for the Urban County by HUD ("Jurisdiction Allocation"). The project application and approval process set forth in Paragraph 6 below shall be followed 6. Proiect Application and Approval Process a. Project applications from the County, the Cities and other eligible applicants will be reviewed by the Community Development Advisory Board (CD Advisory Board) using evaluation criteria set forth in the applicable Consolidated Plan and the goals of the Board of County Commissioners. Higher priority shall be given to eligible proposals submitted by the County and the Cities so long as proposals are cons istent with the applicable Consolidated Plan. b The decision for determining what funds receive block grant funding IS the responsibility ofthe Jefferson County Board of County Commissioners. 7 Advisory Board. In furtherance of the cooperative process of developing the CDBG Programs, and in order to ensure coordination while respecting the role of the Cities, Jefferson County has established a Community Development (CD) Advisory Board. a. Membership. The CD Advisory Board shall be appointed by the Jefferson County Board of County Commissioners and shall include at least one member from each participating jurisdiction. The m/attomey/Comm~ DevlIGA CDBG Cites 2005.2008.doc 5 Participating Jurisdictions shall advise the Board of County Commissioners of its nommee for the Advisory Board. b. Duties. The CD Advisory Board shall recommend the allocation of funds to the County, the Cities and other eligible applicants. Although HUD requires the County to maintain legal liability and responsibility for the overall administration and performance of the CDBG Programs, the County will give strong consideration to the recommendations of the CD Advisory Board. 8. Mutual Aereements. The parties agree as follows. 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 Programs. The parties agree that they will provide access to these books and records to each other and to HUD, as necessary 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 and to assure compliance with County certifications required by' \. Federal Laws and Regulations. The Housing and Community Development Act of 1974, as amended; Title VI of the Civil Rights Act of 1964, sections I 04(b) and 109 of Title I of the Housing and Community Development Act of 1974, the Fair Housing Act, 42 U.S.c. 5301, ~ ~., 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, ~ ~., relating to requirements governing any income generated from CDBG funds, ("Program Income"); all rules, regulations, guidelines, circulars, and other requirements promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG. 11. State and Local Law Compliance. The responsibilities of the parties shall be subject to applicable state laws, city and county ordinances, resolutions, rules and regulations, and city charter provisions. mlattomey/Comm_DevlIGA CDBG Cites lOOS-lOO8.docd 6 iii. Nonviolent Civil Rights Policies. Pursuant to 42 U.S.C 5304(b)(2), the County and the Cities 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 nonviolent civil rights demonstrations within its jurisdiction. c. Expenditure of Funds. All CDBG funds that are approved by HUD for expenditure under the grant agreements will be budgeted and allocated (i) to the County, no more than twenty percent (20%) of the total CDBG funds allocated 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 Consolidated Plan, which shall be expended only for the CDBG Programs for which the funds are provided. d. Lobbving Requirement. To the best ofthe knowledge and belief of each of the Cities and County' 1. 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 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, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; II. 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 officer 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 m1attorney/Comm~DevIlGA CDBG Cites 2005-2008.doc 7 and submit a Standard Form-LLL, "Disclosure Form to Report Lobbying," In accordance with its instructions. iii. Each party agrees that it will require the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants. and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifY and disclose accordingly. 9. Amendments. This Agreement constitutes the entire agreement of the parties. Any changes and modifications 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 10. Miscellaneous Provisions. a. Choice of Law This Agreement 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. d. Officials Not to Benefit. No member of the Cities 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. Indemnification. To the extent allowed by law, the Cities 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 limited to damages for personal injury, theft or damage to property, both public and private, resulting from or arising out of an act or omission resulting directly or indirectly from the performance or failure to perform under this Agreement, provided, however, that the indemnification shall not cause a waiver of the Govemmentallmmunity Act for either the Cities or the County m1attorney/Comm~DevIIGA CDBG Cites 2005-2008.doc 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly authorized and executed. JURI~TI9N: CITY.9F WHEAT RIDGE ~ ,,' I ,L B;. .. ~ It, /.{ (.1.Hl1i.J-!C! Ti e' MD f1 ,,," < : Date' (\_ . ~ If l.C() J JEFFERSON COUNTY BY' Sherri Almond, Director Human Services Department Date' ATTEST ST ATE OF COLORADO ) )9 COUNTY OF JEFFERSON ) By: County Clerk By: Jim Congrove, Chairman Board of County Commissioners Date: APPROVED AS TO FORM BY' Gay B. Ummel, Asst. County Arty m1attorney/Comm_Dev/IGA CDBG Cites 2005-2008.doc 9