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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 2 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 3 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 4 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. 5 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. 6 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 7 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 8