HomeMy WebLinkAbout2009 Ordinance No. 022•
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ORDINANCE NO . _2b
SERIES OF 2009
CONTRACT NO. 'j-3.-.1.t>o'i'
BY AUTHORITY
COUNC IL BILL NO . 23
INTRODUCED BY COUNC lL
MEMBER JEFFE RS ON
AN ORDINANCE APPROVING AND AUTHORIZING A THREE YEAR
INTERGOVERNMENTAL COOPER.A TI ON AGREEMENT BETWEEN AR.'.!' AHOE
COUNTY, COLO RADO AND THE CITY OF ENGLEWOOD , COLO RADO RELATING TO
THE CONDUCT OF COMMUNITY DEVELOPMENT BLOC K GRANT (CDBG) AND HOME
INVESTMENT PARTNERSHIP (HO~E) PROGRAMS FOR PROGRAM GRANT YEARS 2010
THROUGH 2012.
WHEREAS, the City Cc uncil of the Ci ty of Engl ewood appro ved the execution of an
intergovernmental Agreement between the Cit y of Englewood and Arapahoe County by pa ssage
of Ordinance No. 39, Series of 1994, coverin g the City's participati on in the Arapahoe County
CDBG Entitleir.ent Program as extended oy Amendment No . 3, for fundin g years 2004 through
2006 ; and
WHEREAS , the Englewood Ci ty Council pas sed Ordinance No . 13, Series of 2006 and that
was modified by Am endment No. I dated February , 200 7 relating to participation in the Urban
Co unty Entitlement Program for CDBG and HOME funds for 1007 through 2009; and
WHEREAS , the Englewood City Council passed Ordinance No . 38, Series of 2006
authorizing Amendment No . I to the Urban County Entitlement Program for CDBG and HOME
funds for 2007 through 2009 ; and
WHEREAS , the passage of thi s O.-dinan ce authorizes the execution of a three-year
intergov ernm ental Cooperation Agreement between Arapahoe Cow,ty and Englewood relating to
the condu ct of Community Development Block Grant (CDBG) and HOME Investment
Part ners hip (HOME) programs for program grant years 20 IO through 2012;
NOW, THEREFORE, BE IT ORDAINED BY THE CffY COUNCIL OF THE CITY OF
ENGLE WOO D, COLORADO , THAT:
Section I . TI1 e attached "Int erg overnment al Coo peration Agreement Between Arapahoe
Cow,ty, Co lora do and the City of Eng lewood , Co lo rado Re lating To Th e Cond uct Of
Co mmunit y De ve lopm ent Bl ock Grant (CDBG) And Home Invest ment Partn ership(H OME)
Programs for program grant years 2010 through 2012" attached hereto as Exhibit A, is hereby
accep ted and approved by tl,e Englewood City Cow,cil.
Secti on 2. The Ma yor and City Clerk arc hereby auth ori zed to sign and attest said Agreement
for and on behalf of the Ci ty of Englewood , Co lora do.
• Section 3. The City Manager shall be auth ori,eJ to further extend and/o r amend the
Intergove rnmental Coo perati on Agreem ent for die program gran t years 2010 through 20 I 2.
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Introduced , read in fu ll , and passed on first rea ding on the 1st day of June 2009 .
Publish ed as a Bill for an Ordinance in the Ci ty's official newspaper on the s• day of Jun e, 2009 ,
Published as a Bill for an Ordinnnce on the Ci ty 's officia l website begi nning an the 3'' day of June, 2009 for thirty (30) days .
Read by title and passed on final reading on the 15th da y of June , 2009.
Published by title in the Ci ty's officia l newspaper as Ordinance No .~Series of 2009, on the 19th day ofJune, 2009.
I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Co lorado
above and foregoing is a true copy of the Ordinance pa ssed o final r
title as Ordinance No . ~cries of 2009 .
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TEllGOVERNMENTAL COO PERATION AGREEMENT
BETWEEN
ARAPAHOE C OUNTY, COLORADO
AND
CITY OF ENGLEWOOD, COLORADO
RELATING TO THE CONDUCT OF
C OMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP
PROGRAMS
FOR PROGRAM GRANT YEARS 2010 THROUGH 2012
THIS AGREEMENT is entered into and sha ll be effecti ve s of ____ 2009, by and between
Arap ahoe County, Co lorado (the "County"), a body corporate and politic of the State of Colorado, and th e
City of Engl ewood (th e "City"), a muni ci pal co rporati on of Co lorado loca1ed in Arapahoe Counry.
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A In 1974 , th e US . Congress enacted The Housing and Comm unity Developme nt Act of 1974 ,
as si nce amen it:d (42 U.S.C. 5301 et seq .) (the "Act"}, pennitting and providing for 1:hc
participation< f the United States government in a wide range oflocal housing and
community development activities ti11d programs under Title I of the Act which activities and
programs arc administered by the U.S. Department ofHou.r :,1g and Urban Development
("HUD");
B . The primary objective of Title I of the Act is the developr 1ent of viable urban communities,
by providing dece nt housing and n su iui ble living cnviro r ment and expanding cconumic
opponunities , prin cipall y for persons of low and mod' h! ~ ;acome, this objective to be
accomplished by the federa l government provitling fin&m !al assista nce pu rs uant to the Act i•
the form of Community Dev elo pment Bloc k Grant ("CDEIG") fuods to st,te and local
governments to be used in the co nduct and administration o(housing and community
developme nt activities and projects as conter.ip latcd by th e prima ry objec ti ve of th e Act (the
"CDBG Program");
C. To implement the poli cies, objectives and other pro visi on of the Act, HUD has issued rul es
and regulations governing the conduct ofCDBG programs, published in 24 Code ofFederal
Regulations (CFR), Pan 570 (tl1e "Regulations"), whicb regulations provide that a county
may qualify as an "urban coun ty," as defi ned in Section 570 .3 of the reg ul ations, nnd there bJ
' ~co me eligible to recei ve entitlem ent grants from HUD for th e condu ct of CDBG and Ho~
Investment Partnership (HOME) programs as an urb an county and that cities and other uniu
o, ge neral loc al gove mments in the same 1:-ietropolita n statis•ical area that do not or caMot
qu alify for separate entitlement grants may be included as a part of the urban county by
entering into coopera tion ag ree ments with the urb an co unty in accordan ce with the
requirements of the Re3ulations;
D. The County has heretofore qualifi ed under the Regulations as on "urbon co unty" and will
receive CDBG and ::OME funds fr om HUD by annual grant agreements, and all participatin g
muni cipalities located in the County which do not receive se parate co mmuni ty de\ ~lop mcn l
enti tlem ent grants have been included as a part of the County in its COBO and HOM E
Programs;
E. In 1981, and again si nce then, HUD amended the Reg ulati ons, pursua nt to amendme nts of th e
Ac~ revising th e qualificati on peri od for urban counties by providing that the qualifi cation by
HUD of an urban cou nty sha ll remain effecti ve for three r:ucc essive grant years regardless of
changes in it s popul at io n during that peri od , except for failure of nn ur bnn co unty to receive a
grant du ri ng any year of thal peri od, and als o providing lh nt duri ng the three year peri od of
qualificat ion, no incl uded city or other unit of general local government may withdraw fr om,
net be removed from, the urban count y for HUD's computation purpo ses , and no city or other
unit of general local governm ent co vering an additional area ma y be added to th e urban
co unty du ring that three-year period except in the case where a cit y or other unity lo ses its
designation as a metropolitan city;
F. In 2009, the Coun ty is submitting to HUD the required documentati on lo requalify as an
urban county, pursuant to Section 570.307 of the Regulations, so as to become eligible to
receive an nual COBO and HOME funds for th e next three Program Y cars from grant years
2010 , 201 1, and 2012 appropriations, and if the City approve and authorizes this agreement,
nn executed copy thereof will be included in the docu mentation for this ensuing period of
qualification and, if the County qualifies, the City will thereby be included as a part of the
urban co unty and be eligible to participale in the County's CDBG and HOME Programs for
the nex t three Procrnm Years ;
G. The County recognizes and understands that it docs not have independent leg al authority to
conduct some kinds of community development and housing assistance activities within the
boundaries of the City and therefore , its ability to conduct the COBG and HOME Programs in
the City is limited by the requirement that it must obtain pennission from the City to perfonn
some of those activities therein, and accordingly, in order for the City to be considered a part
of the urban co unt y and be included in the County's annual request for CDBG and HOME
funds, it is required be the Regulations that the City and the County enter into a cooperation
agreement whe reb y the City authorizes the County to undertake or to assist in undertaking
essential community renewal and low-income housing assistance activities within the City as
ma y be speci fied !n the "One Year Aclion P hm to th e Consolidated Plan" (the "Action Plan")
to be submitted tu HUD annually by the County 10 receive its annual CDBG and HOME
entitleme nt grants;
H. Under general prov isions of Colorado law governing contracting between governmental
entities and by virtue of specifi c uu thority granted in Part U of Article I of Title 29, C.R.S.,
uny two or more political subdivisions of th e stat e may enter into agreements with one another
for joint or cooperative action and an y one or more political subdi visions may co ntract with
another or with a legal or administrative entit y created pursuant to that net to pcrfonn ar.y
governmental service, activity or undertaking whi ch each political subdivision en tering into
the contract is authorized by law to perfonn , and
I. Acco rdingly, the parties hereto have determined that it will be mutually beneficia l and in the
public interest of both parties to enter into this intergovernmental cooperation agreement
regarding lh e conducl of the County 's CDBG and HOME Programs,
THEREFORE, in consideratio n of the premises and cooperative acti ons contemplated here under, the
pa rties agree as follows :
I. By enteri ng int o thi s intergovernmental coopera tion agreement with the County, the
Cit y shall be included as a part of urban Arapahoe County for qualification and grant
calculation purposes upon the qualification by HUD of the County to receive CDBG
and HOME Program entitlements as an urban co unty for the nex t three successive
Program Yem, May I, 2010 through April 30, 2013. As provided in Section
570.307 of lhe Regulations, the qu alification of the County as an urban co unty shPtl
remain effective for tl1rce successive grant years regard less of changes in its
population during that period of time and the parties agree 1hnt th e City may not
withdraw from , nor be removed fr om, inclusion in the urban county for HUD's grant
computntion purposes during the peri od of qualification. A fully executed copy of
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grant duri ng any year of tho t period, and also provid in g that during the three year period of
qualificotion, no included city or other uni t of ~encral local governme nt may withdraw from,
nor be removed from , the urb an county for HUO's ~a mputati on purposes, and no city or other
un it of general local govemmenl covering an additional area ma y be add ed to the urban
county during that three-year period exce pt in the case where a city or oth er uni 1y loses its
designntion as a metropolitan city;
F. In 2009, the County is submitti ng to HUD the requi red docum entat ion to requalify as an
urbar. co,mty, pursuant to Sec ti on ~70 .307 of the Reg ulations, so as to become eligibl e to
receive an nu al CDBG and HOME funds for th e next three Program Years from grant years
2010 , 201 1, and 2012 appropriations , and if the City approves and authorizes this agreement,
rm exec uted copy thereof will be included in the documentation for this ensu ing period of
qualification and, if the County qualifies , the City will thereby be included as a part of the
urban county and be eligible to parti cip ate in the County's CDBG and HOME Programs for
the next three Program Years;
G. The County recognizes and understands that it does not have independent legal authority to
co nduct some kinds of community development and housing assistance activities within the
boundaries of the City and the,.efore , its ability to conduct the CDBG and HOME Program s in
the City is limited by the rcqu rcmen t that it must obtain penn iss ion from the City to perfonn
some of those activities thereii ., and accordingly, in order for the City to be considered a pan
of the urban co unty and be in cluded in the County's nnnua\ request for CDBG and HOME
funds , it is required be the Regulations that the City and th e County enter into a cooperation
agreement whereby the City authorizes the County to undenake or to assist in undertaking
essentia l community renewal and low-inco me housing assis tan t\. activities within the City as
may be specified in the "One Year Action Plan to the Consolida ted Plan" (the "'A ction Plan")
to be submitted to HUD aMuall y by the County to receive its aMual CDBG and HOME
entitl eme nt grants ;
H. Under ge nera l provisions of Colorado law governi ng co ntrac tin g between governmental
entities and by vinue of specific authority gra nt ed in Pan II of Artic le I of T itl e 29, C.R.S.,
any two or more political sub div isions of the state may en ter into agreements with one another
for join t or coopera tive action and any one or more political subdivisions may contract with
onothcr or with n legal or administrati ve entity created pursua nt to th at act to perfonn an y
governmental service, activi ty or undenaking which each politica l sub division entering into
th e contract is auth orized by law to perform, and
1. Accordingly, the parties hereto have detcnnined that it will be mutually bc1. ificial and in the
public interest of both parties to enter into this intergovernmental cooperation agreement
rega rd ing the co ndac t of the County's CDBG and HOME Programs,·
THEREFORE, in consid eration of th e premi ses and cooperative actions contemplated hereunder, the
parties agree as follows :
I. By entering into this interg overnmental coopera tion agreement with the County, !he
City shall be incl uded as a part of urban Arapahoe County for qualificatio n and grant
ca lculation pU?J>OSes upon the qualification by HUD of the County to receiv e COBO
and HOME P:-ogram entitlements as an urb an county for the next three success ive
Program Years, May I, 2010 through April 30, 2013. As provided in Section
570.307 of th~ Regulations, th e qualifi cation of the Co unt y us on urba n county shall
remain effedve for three successive grant years regard less of changes in its
population t'uring that period of tim e and the part ies agree that th e City may not
witl1draw fro m, nor be removed from, inclusi on in the urban co unty fo r HUD's grant
co mputa tio n ,1u?J)oses du ri ng the peri od of qual ifi cation. A fully executed co py of
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this cooperation agreement, together with the approving reso lutions of both the City
and the County, shall be submined to HUD by the Coun ly as part of its qualification
docume ntation and the Cit y does hereby give the County the auth ority to carry out
CDBG and HOME Program activities and projects which will be funded from aMual
Communit y Deve lopment Block Grants and HOME funds from grant years 2010,
2011, and 2012 appropriations and from any Program income generated from the
expenditure of those funds.
The City and i.he County agree to, and shall coo perat e in, the execution of CDBG
and HOME Program activities and projects to be conducted or perfonned in the City
during each of the three program years covered by this Agreement and these
finalized activities and projects will be inc luded in the County's required annual
Action 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 aMual grant request and for
fil ing the Action Plan wi th HUD on an annual basis.
Th e parti es recognize and understand that the County, as a qualified urban co u~ty,
will be the entity required to execute all grant agreements received from HUD
pursuant to the County's annual requests for CDBG and HOME Program funds and
that as the grantee under the CDBG and HOME Programs it will be held by HUD to
be lega ll y liable and responsib le for the overall administration and performance of
the annual CDBG and HOME Programs, including the projects and activities to be
conducted in the City, Accordingly, the City agrct'.s that as to all projects and
activities performed or conducted in the City under any CDBG grant agreement
received by the County, which includes the City, that the r.ounty shall have the
ultimnte supervisory and administrative contr"I with regard 10 lhe Federal
Regulations and Guideline and confonnancc to the Subgrantec Agreements.
4 . The City shall coop erate full y with the Cou nty in all CDBG and HOME Program
efforts planned and pcrfonncd hereunder and does hereby allow and permit the
County to undertake or assist in undertaking ess ential communi ty development and
housing assistance activities within the City as may be approved and authorized in
the County's CD grant agreements , including the Five Year Consolidated Plan (th e
"Consolidated Plan"). The City and the Cou nty also agree to cooperate to undertake,
or assist in undertaking , community renewal and lower income housing assistance
activities, as they may be planned and specified in the County's Action Plan
sub mitted annually to HUD for the three Program years specified herein and for such
addi tional time as may be required for the expenditure of CDBG funds granted by
the Coun ty for such activi ti es .
5. Pursuant 19 24 CFR 570 5Ql(b) the Ci ty is subject to the same requireme nts
.ipp\icnble to subrecipients, inc lu ding the requirement of a written agreement as set
fort h in 24 CFR 570 503
6, The City unde rs tnnds tlmt pursuant lO Section 570.503 of the Regulations, it will be
necessary for the City to enter into separate project agreements or sub -grants in
writing with the Co unty with respec t to the actual conduct of the projects and
ac tivities approved for performance in the City for the three CDBG Program years
covered by this cooperation agreement an d that the fun1s designated in the C9unty 's
Action Pinn for those projects and activitir:s will also be funded to the City under
•J1ose separate project agreements or sub-grants . Subject to the provisions of
Paragraph 3 above, the City will administer and co nlfol the performance of the
project s and acti vit ies specified in th ose separate project agreements, will be
respo nsible for th e expenditure of the fund s allo cated for each such project or
acti vity and will conduct and perfonn the projects and activities in compliance with
the Regulations and all other applicable federal laws and requirements relating to th e
CDBG Program . The City also understands and agrees that it sha ll also co mply with
the requirements of Secti on 570.503 prior 10 disbu rsi ng any CDBG fu nd s to the
su brecipien t of the Ci ty.
7. All CDBG Program fund s that are approved by HUD for expenditure und er th e
County 's gra nt agree ments for the three Program years covered by this Agreem ent,
including those that are identified for projects and activities in the City, will be
budgeted a1,d allocated to the specific projects and activities described and listed in
the County's Action Plan submitted BMually to HUD and those allocot:d funds shall
be used and expended only for the projects or activities to which the funds are
identified. No project or activity nor the amount allocated therefore may be changed1
modified, substituted or deleted by the City with respect to any project or activity
without the prior written app roval of the County and the approval of HUD when that
approva l is required by the Regulations .
8. Because the City will be inc luded as a part of urban Arapllhoe County for the three
CDBG Program years covered by this Cooperation Agreement, it will do all things
that are appropriate and required of it to comply with the applicable provisions of the
grant agreements received by the County from HUD in which the City is included,
anc1 with the provisions of the Act and all Rules and Regulations , guidelines,
cirr.u lnrs and other requisites promulgated by the various federal departments,
agencies, administrations and commissions relat ing to the CDBG a.id HOME
Programs . 1n addition, the Cily and the County shall each take all actions necessary
to ass ure compliance with the certifi catio n required of the County by Section I 04 (b)
of Title I of the Act1 including th e National Environmental Policy Act of 1969 1 Title
VI of th e Ci vil Rights Act of 1964 , Title vm of the Civil Rights Act of 1968, the
Fair Housing Act , Section 109 of Title I of the Act and other laws applicable to the
conduct of the CDBG Program. In addi1ion, th e parties hereto unders tund and agree
that th e County ma y not provide an y CDBG fundin g for activities in, o·,· in support of
1be Cit y, if th e City docs not affi1mativcly furU1er fair housing with h1 its j urisdi ction
or impedes the Co unty's ac tio ns to compl y with its fair housi ng cciti fication .
9. The cooperating un it of loca l government (C it y) hus adopted and is enforcing:
a) a po licy prohibiting the use of excessive forc e by law enforccme n'.
agencies within its jurisdiction against any individuals engaged in
non •violcnt civil rights demonstrations ; and ,
b) a policy of enforcing applicable state and local laws against
physically barring entrance to or exit from a facility or locati on
which is the subject of such non•violcnt civ il rights demonstrations
within its jurisdiction.
10. During the peri od of pcrfonn·Jncc of ,.his agreement as provided in Pnrngroph 13
below, the City sha ll :
a) Jnfonn the Count y of any income generated by the expenditure of
CDBG Program funds received by the City; ·
b) Pa y over to the County any Program Incom e received by the City,
or retain and use that Program Income subject to, and in
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acco rdance with, the requireme nts and provisions if the sepurate
CO project agreements that will be entered into between th e City
and the County for the ac tu al co ndu ct of the CDBG Program;
Use an y Progra m Income the City is authorized by the Coun ty to
reta in only fo r eli gible activities in accordance with all CDBG
Program requirements as may th en apply and as will be
specifica ll y provided for in the separate CD proj ect agreements
between the City and the County;
Keep app ro priate records rega rding the receipt of, use of, or
disposition of all Program In come an d make re ports thereon to tht
Cou nty as will be required und er the separate CO project
agreements between the C ity and th e County1 and
Pay over to the County any Program Income that may be on hand
in the event of close-out or change in status of the City or that may
be received subsequent to the close•OUt or change in status as will
be provid ed for in the separate CD project agreements mentioned
ab ove.
The separate CD project agreements or sub•grants that will be entered into between
the County aod the City for the co nduct of the COBO Program, as menti oned and
referred to elsewhere in this agreement, shall include provis ions setting forth the
standards which shall appl y to any real propcf1!• acqui red or improved by the City in
wh ole: or in part, using CDBG or HOME Program funds. These standards will
requ ire the City to:
a) Notify the County in a timel y manner of any modi fi cation or
change in dle use of that propeny fr om that which was planned at
the time of the acquisition or improvements and this notice
req uirement sha ll includ e any disposition of such property ,
b) Reimburse the County in an amount equ al to th e current fair
market value of property acquired or improved with CDBG or
HOME funds (less any portion thereof attributable to expe nditure-.,
of non-CDBG fund s) that is so ld or transferred for a use wl,1ch
does not qllRlify under the Reg ulati ons , nnd
c) Pay over to the Cou nty any Program Inc ome that is generated from
the di sposition or transfer of property either prior to, or subsequent
to, any close-out, change of status or termination of this
coopera ti on agreement that is applicable .
The City, by executi on of this agreement, und erstands that it may not o.pply foi
grants under the sma ll cities of slate CDBG Programs for appropriations for gra nt
years during the period in which it is participating in the urban co unty '1; CDBG
Program; and may not participate in a HOME consortium except through the urban
county, regardl ess of whether the urb an co unty receive s a HOME fonnuls allo cali on .
The period of perfonnance of this Agreement shall cover three CDBG Program
yea rs, beginning May I", 2010, and endir.g April 301
\ 2013. As slated herein,
however, th is Agree ment is int ended to cover activities to be carried out with annua l
Co mmunity Development Bl ock Grant and HOME funds from grant years 20 I 01
20 1 I, and 2012 appro pria ti ons and s:1all be and remain in full force nnd effect until
all proj ects and activities approved an d authorized to be perfonned and funded for
those grant years have been completed and any program in co me earned has been
remitted to the County or us ed by the City in accordan ce wi th th e criteria descr ibed
in paragraph ten .
14 . The Agree ment wi ll be autrmrn ti ca ll y renewed for parti cipati on in successive three -
year qualifi cati on peri ods, un less the County or the City provi des written notice it
elec ts not to participate in a new qualific ation period.
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16.
The County will notify the City in writing of its rig ht not to parti ci pate . A copy o(
the Co unty's notificatio n must be sent to the HUD Fie! ; Office . The City's response
to the noti ce or its right nol to participa te must be sent to both the Co unty and the
HUD Reeion 8 fi eld office. Notices and responses must be sent according to the
schedule specified in HUD's urban county qualification noti ce and HOME consortia
qualification nntice for the next qualification perio d.
Each party is required 10 adopt any amendment to the agreement incorpo rating
chsngcs necessary to meet the requirements for cooperation agreements set forth in
an urban co unty qualification notice applicab le for a sub seq ue nt three•ycar urban
qu alific ation period , and to submit such amendment to HUD . Fa ilure to comply will
voi d the automati c renewal for such qualifi cation period.
An y change s a~d modifications to th is Agreement shall be made in writing, and shall
be executco by bo th parti es prior to the pcrfonnan ce o( any work or activity involved
in th e change and be Rpproved by HUD if necess ary to compl y with the Regu lati ons .
n) This Agreeme nt shall be nnd rema in in force and effect for th e
period o( perform ance sp ecified in Para gra ph IO hereo f and, wh en
th e Co unt y hu s been qualifi ed by HUD as n urbnn count y neither
the Co unty nor the Ci ty muy termi nate th i1, agreeme nt or withdraw
the refrom during that period o( perfo rmance; prov ided, however, if
the County fails to qualify as an urb an co un ty or does not receive a
CD grant in nny ycnr of the three Prog ram yea rs for which it has
qualified , or if any fede ral legislati on should change the
qualification or entitl ement stl' .. IS of the County or th e City, ei th er
party ma y tenninate this agreement or withdraw therefrom.
b) Fnilure by eith er party to adopt amendments to this lig rccment .
in co rporating all changes necessary to meet the requireme nts fo r
coo perat io n agreeme nts set forth in th e urban co unty qualifi cation
noti cv appli cab le for a subseq uent three year period , 11.nd submittal
o( said amen dm ent to HUD as provided in the urban county
qualifi ca ti on notice will vo id this agreement.
c) The City understands th at th e County is subject to budget chang es
as a result of federal legislation, and that th e County is not und er
obligation to allocate a constant amount o( CDBG funds to th e
City for use in projects su pported by the Ci ry. The Co unt y,
however , agrees to notify the City o( the amount of CDBG fun ds
desig nated for us e on City end orsed projects .
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Jf the County qualifi es as an urban coun1 y and the Ci ty is in cl uded ,
duri ng the three Program years for which th e County has qualified ,
the panics agree not to veto or otherwise obstru ct the
implementation of th e approved Five Year Consolida ted P lan
du ring th at three year peri od and fo r such additiona l ti me as may
be req ui red for the ex penditure of funds gran ted for th at peri od.
IN WITNESS WH EREOF, the parties hereto have caused thi s ag reeme nt to be duly authorized and
execu ted by each on th e do te specified as follows :
Arapahoe County
Signature ___________ _
Susan Beckman
Chair of the Board of Coun ty Co mmissioners
Sig nature ___________ _
Nancy A. Doty
Clerk to the B011,rd of County Commissioners
Cily of Englewood
Signature ___________ _
Name James K, Woodward
Mayor of Englewood
ATTEST :
Signature ___________ _
Name Loucrishia A. Ellis
City Clerk
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COUNCIL COM MUNICATION
Date : Ag enda Item: Subject :
June 1, 2009 11 a i Intergovernm ent al Coopera tion Agreemen t
Arapahoe County-C()3C,''"1OME Programs
lniliated By : I Staff Source:
Commu nity De\'clopment D epartm ent Jane t Grimmett, Hou si ng Fin ance Sp eciali st
COUNCIL GOAL AND PREVIOUS CO UNCIL ACTION
Council pass ed O rdin ance No. 37, Se ri e, of 199 1, ~utho:iz in g initial parti cipa tion in th e U rb an
Coun ty Entit l em ent Program for th e Community Develop ment Bl ock Grant (C DBG) program for
federa l fiscal yea rs 1992 -1994. Coun cil also pass ed O rdinance No. 39, Series of 1994, w hic h was
ex ten ded by Amendments Nos. 1 -3 relatin~ to pa rti cipati or. in th e Urban County En titlement
Program fo r CDBG an d HOME fund , fo r fed~ral fis cal yea rs t 995 -2006. Counci l also approved
O rdin ance No. 13, Series of 2006, authorizi ng participation in th e of th e CDBG and H O ME
In ves tm ent Partn ership prog rams fo r program gra nt yea r 2007 -2009 plu s Amendment No. 1 to
that agree m ent approved as Ordinan ce 38, Series 2006 .
RECOMMENDED ACTION
Approve a Bill fo r an O rdi na nce authorizing th e ex ec ution of a three-yea r Intergovernmental
Coopera ti on A greeme nt between Ara pahoe Cou nty and the City of En glewood rel ating to th e
condu ct of Community Deve lo pm ent Bl ock Gra nt (C DB G) and HOME In ves tm ent Partn ership
(HOME) "programs for p rogra m grant yea rs 20 10 th rough 20 12.
l!ACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A r, pahoe County is des ignated as an Urban County, w hi c h entitl es th e County to receive
Com munity D eve lopm ent Block Gran t (C DBG ) and H O ME funds provid d by th e U . S. Dept. of
H ousin g and Urban Development (HUD). Th ese programs provide grants to im p rove loca l
communities by providing decent housing, improved infrastruc ture, publi c fa ci liti es and serv ices,
and improved eco no m ic op po rtl111iti es for low an d moderate in co me perso ns. Funds may also be
us ed for ac ti vities th at elimin ate slums or bligh t, or for projec ts th at mee t urge nt community needs.
Arapa hoe County is in the process of requ ali fying as an U rb an Co unty for th e yea rs 20 10, 201 1 and
2012. Th e County is re qui.. ,i to inform each unit o f general local gov ernm en t th at it has th e ri ght
to elec t to b e included or excl ud ed fr om th e Urb an County. Local governm ents that previous ly
entered into an Intergovernm ental Ag reement w ith Arapahoe County are being n o tifi ed th at th e
agree ment will not au tomatica ll y be renewed. A new IGA must be au th o rized to participa te for
program grant yea rs 2010 -20 12. The IGA has been updated, but is esse ntiall y tt1 e same as prior
approve d cooperati o n ag ree m ents .
CDBG and HOME funds are all oca ted by statut ory fo rmu la to eac h Urb an County. Th e Urban
County tli en alloca tes th e CDBG fund s to eac h participating j urisdi cti on . The loca l ju risd icti o n still
must ap pl y annuall y fur its share of funding. An y HOME funds awa rd ed to Arapahoe County are
n o t automati ca ll y sharerl by th e partici pating juri sdi c ti ons. Th e City is eli gible, howeve r, to appl y
separa tely fo r HOME fu nd s th rough Arapahoe Coun ty as well as th e Stat e of Colorado.
Sinc e 1992, th e City of Englewoo d has rece i,·ed approxima tely $2 .95 milli on in combined CDBG
and HOME fund s from Arapah oe Cou nty to support its loca l projects . This ave rages over $175,000
per yea r. The authorization of this IGA w ill all ow th e City to receive its share of th e FY 20 1 O -
2012 CDBG funds as well as being ab le to apply for HOME funds through Arapahoe County. Th e
funds will allow for th e continuation of eligible projects su ch as th e Housing Rehabi litation Program,
Homeowner Fix-Up project and support for th e House of Hope.
FINANCIAL IMPACT
None. The exist in g employees in Community Development are available to admi nis ter thi s
agreement and any f1Jture approved proj ects . Their salaries and benefi ts are part of the City's
contribution towards those projects. The City wi ll generally utilize a portion of the awarded CDBG
and HOME funds to partially offset th e costs of employees' salaries and benefits.
LIST OF ATTACHMENTS
Bill for an Ordinar,ce with Intergovernmental Cooperation Agreeme nt attached
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