HomeMy WebLinkAbout1999 Ordinance No. 023r '
•
•
•
ORDINANCE NO.~
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO . 22
INTRODUCED BY COUNCIL
MEMBER HABENICHT
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF ENGLEWOOD , COLORADO, AND THE ENGLEWOOD HOUSING
AUTHORITY FOR PURPOSES OF PLANNING , FINANCING, ACQUISITION,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION , MAINTENANCE,
MANAGEMENT, AND OPERATION OF HOUSING PROJECTS PURSUANT TO A
MULTIJURISDICTIONAL PLAN TO PROVIDE AFFORDABLE HOUSING TO
ENGLEWOOD RESIDENTS.
WHEREAS , the City of Englewood has assisted the Englewood Housing Authority
(EHA) with meeting City housing goals by providing staff, benefits, and program
moneys ; and
WHEREAS, this Agreement contemplates that the EHA will continue to provide
housing services benefiting Englewood citizens with some administrative and technical
assistance provided by the City;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS:
Section 1. The Englewood City Council hereby approves the agreement between the
City of Englewood , Colorado, and the Englewood Housing Authority to provide for
continuation of housing service for Englewood citizens.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the "Agreement Between The City Of Englewood And The Englewood Housing
Authority", attached hereto as "Exhibit A".
Introduced, read in full , and passed on first reading on the 5th day of April, 1999.
Published as a Bill for an Ordinance on the 9th day of April , 1999 .
Read by title and passed on final reading on the 19th day of April, 1999 .
-1-
Published by title as Ordinance No.~' Series of 1999 , on the 23rd day of April,
1999.
I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true copy of the Ordinance pas on final reading
and published by title as Ordinance No.~ Series of 199 .
Loucrishia A. Ellis
-2-
'\ ' '·J ' ~ . '
•
•
•
' '.
. '
•
•
•
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
THE ENGLEWOOD HOUSING AUTHORITY
This Agreement, entered into this __ day of , 199_, by and between
the City of Englewood, a Colorado Home Rule Municipality (herein called "City") and the
Englewood Housing Authority, a body politic and corporate, under Part 2 of Article 4 of Title
29 , C .R.S. 1986 of the State of Colorado (herein called "EHA").
WHEREAS, the City and the EHA consider it to be in their mutual interest to cooperate
in achieving housing goals for Englewood citizens; and
WHEREAS , the City and the EHA desire to set forth their respective obligations , duties
and powers;
SECTION ONE
P URPOSE
The purpose of this agreement is to clarify the relationship between the City of
Englewood and the Englewood Housing Authority s uch that the parties may effect the
planning, financing , acquisition, construction, reconstruction, rehabilitation, maintenance ,
management, and operation of housing projects pursuant to a multijurisdictional plan to
provide affordable housing to Englewood residents.
SECTION TWO
CITY OBLIGATIONS
The City shall have the following responsibilities, duties , and powers with respect to the
EHA:
1. The Mayor shall be responsible for the appointment of commissioners to the
EHA.
A. The EHA shall be constituted as follows:
i. The EHA shall consist of five commissioners .
11. A commissioner shall hold office until his successor has been
appointed and qualified .
rn . A commissioner's term shall expire five years from the expiration
date of the terms· of his/her predecessors-.
iv . Vacancies other than by reason of expiration of terms shall be filled
by Mayor for the unexpired term .
E x
H
I
B
I
T
A
v. The Mayor may remove a commissioner for inefficiency, neglect, or
misconduct in office, but only after the commissioner has been given a
copy of the charges made by the Mayor against him/her and has had
an opportunity to be heard in person or by counsel before the Mayor .
In the event of the removal of any commissioner, the Mayor shall file
in the office of the City Clerk a record of the proceedings , together
with the charges made against the commissioner and findings
thereon.
2. The City, through various departments shall provide the following
administrative services:
A. The City shall provide payroll processing services for all ERA funded
positions for a monthly fee as established by the City in Attachment A.
B . The City shall assist, as requested, in the hiring process for EHA positions .
C . The City shall provide, as requested , vehicle maintenance, gasoline and oil
for all EHA vehicles, through the City Servicenter for fees as established by
the City in Attachment A.
D . The City shall provide Worker's Compensation Insurance for the EHA
commissioners and staff to the extent allowed by law . See Attachment A.
E. The City shall provide EHA employees with medical , dental, and life
insurance that is identical to that provide d for City employees for a monthly
fee as established by the City in Attachment A.
3. The City reserves the right to approve or disapprove, with reasonable advance
notice , an EHA request for funding and the use of in kind services on a year to
year basis.
4. The City shall bill ERA for services rendered by the 10th of the month following
the date of service.
5. The City m ay support-additional activities of the EHA through funding, in an
amount to be determined by the City Council. Said amount to be appropriated
annually.
6. The City agrees to accept assignment of all rights a nd liabilities associated with
the Vectra Bank line of credit for the "Housing Rehabilitation Loan Program", as
well as all advances, loans and deposits which are currently in the name of the
Englewood Housing Authority and directly associated with said line of credit.
7. The City agrees to accept assignment of all other assets and liabilities of the
"Housing Rehabilitation Loan Program" as described in Attachment B .
8. The City agrees to accept all rights and liabilities to the extent provided for in
the Promissory Note related to a CHFA "Promissory Note" dated April 27, 1988
to the City of Englewood .
2
• > '
} .
•
•
•
'I
•
•
•
SECTION THREE
ERA OBLIGATIONS
The ERA shall have the following responsibilities , duties, and powers:
1. The ERA shall be responsible for the administration of the public housing,
Section 8, Section 8-Existing, and other programs that may be approved from
time to time in the ERA work program.
2. On an annual basis, during the City budget process , the ERA shall prepare a
request for funding from the City and for the rendering of in kind services and
submit these to the City Council for consideration. Said request shall illustrate
the manner in which City funds and services will augment the goals and
objectives of the ERA and meet City housing goals and objectives for the
following year.
3. On an annual basis , the ERA shall confer with City Council regarding the go als
and objectives of the ERA in order to coordinate the housing goals of the ERA
and the City .
4 . The ERA may employ other officers, agents, and employees, permanent and
temporary, as it may require , and it shall determine their qualifications, duties
and compensation .
5 . The ERA shall fund all Englewood Housing Authority Positions .
6 . The ERA shall hire its Executive Director , who shall report directly to and be
supervised by the Commissioners for all EHA activities.
7. The ERA Executive Director shall attend meetings as requested by the City
Manager.
8 . The provisions of artiCles 10.5 and 47 of Title 11 , C.R.S. 1987 , as amended,
shall apply to moneys of the EHA relating to deposits of public monies.
9. No ERA commissioner, other officer, any employee , nor any immediate member
of the family of any such commissioner, officer, or employee shall acquire any
interes t , direct or indirect, in any project or in any property included or planned
to be included in any project, nor shall he/she have any interest , direct or
indirect, in any contract or proposed contract for materials or services to be
furnished or used in connection with any project. If any commissioner, other
officer, or employee of the EHA owns or controls an interest, direct or indirect, in
any property included or planned to be included in any project, he/she shall
immediately disclose the same in writing to the ERA, and such dis clo sure shall
be entered upon the minutes of the ERA. Upon such disclosure, such
commissioner, other officer , employee, or immediate family member shall not
participate in any action by the ERA affecting the carrying out of the project
planning or the undertaking of the project unless the ERA determines that, in
the light of such personal interest, the participation of such member in any such
act would not be contrary to the public interest. Willful violation of the
provisions of this section constitutes malfeasance on the part of a commission e r,
or other officer and is grounds for instant dismissal of any employee. The City
3
Council may by ordinance provide for automatic forfeiture of office by a
commissioner for violation of this section.
10. The EHA agrees to pay the City of Englewood the fees stated in Attachment A,
or any subsequent fee negotiated pursuant to this Agreement for the services
described therein . Partial payments will be made as the work progresses. Said
payments will be based on estimates, prepared by the City, of the value of the
work performed.
11 . EHA shall pay for services rendered by the City by the 30th of the month
following receipt of billing described in Section 2 , Paragraph 4.
12. The Englewood Housing Authority agrees to promptly assign to the City of
Englewood all rights and liabilities associated with the Vectra Bank line of credit
for "Housing Rehabilitation Loan Program", as well as all associated advances,
loans and deposits which are currently in the name of the Englewood Housing
Authority and directly associated with said line of credit.
13. The Engle wood Housing Authority agrees to assign all other assets and
liabilities of the "Housing Rehabilitation Loan Program" as described in
Attachment B .
14. The Englewood Housing Authority agrees to assign all rights and liabilities , to
the extent provided for in the Promissory Note , related to a CHF A " Promissory
Note " dated April 27, 1988 to the City of Englewood .
15. Englewood Housing Authority will continue to manage the property at 2931 S.
Franklin for the benefit of the City.
SECTION FOUR
MISCELLANEOUS
1. The term of this Agreement shall begin on the date of the City Council approval
(the "effective date"), as evidenced by the date first written above and shall
continue until the Agreement is terminated as set forth herein.
2. This Agreement is subject to such modifications as may be required by changes
in federal or state law, or their implementing regulations. Any such required
modification shall automatically be incorporated into and be part of this
Agreement on the effective date of such change as if fully set forth herein.
3. This Agreement is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever, unless embodied
herein by writing. No subsequent notation, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unless embodied in a written
supplemental contract which has been properly executed. All previous
agreements between the City and EHA are void and this Agreement shall govern
the relationship between the City and the EHA.
4
l '
•
•
•
. '
't
•
•
•
4. To the extent that this Agreement may be executed and performance of the
obligations of the parties may be accomplished within the intent of the
Agreement, the terms of this Agreement are severable , and should any term or
provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other term or provision
hereof. The waiver of any breach of a term hereof shall not be construed as a
waiver of any other term , or the same term upon subsequent breach.
5. It is expressly understood and agreed that enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the City and the ERA, and nothing
contained in this Agreement shall give or allow any such claim or right of action
by any other or third person on such Agreement. It is the express intention of
the City and the ERA that any person other than the City or the ERA receiving
services or benefits under this Agreement shall be deemed to be an incidental
beneficiary only.
6 . Either party to this Agreement may terminate the Agreement by giving to the
other thirty (30) days notice in writing with or without good cause shown. Upon
delivery of such notice and upon expiration of the thirty (30) day period, all
services in connection with the performance of this Agreement shall stop. As
soon as practicable after receipt of notice of termination, each party shall submit
a statement, showing in detail the services performed under the Agreement to
the date of termination.
7 . Each party shall promptly pay that proportion of the charges which the services
actually performed under the Agreement bear to the total services called for
under the Agreement, less such payments on account of the charges as have been
previously made.
8 . Each party represents and warrants that it has taken all actions that are
necessary or that are required by its procedures , bylaws , or applicable law, to
legally authorize the undersigned signatory to execute this Agreement on behalf
of the party and to bind the party to its terms.
9 . Each party shall maintain all books , documents , papers , accounting records and
other evidence pertaining to costs incurred and other performance hereunder or
under any previous agreements and make such materials available for
inspection by the other party at all reasonable times during the period of the
Agreement and three years from the date of acceptance of the Agreement by the
City. On request, copies of such records shall be furnished to the City for the
City's permanent records.
10. The City of Englewood and the ERA agree that they shall not refuse to hire,
discharge, promote or demote or discriminate in any matter of compensation;
performance of services or otherwise , against persons otherwise qualified solely
because of race , creed , sex, color , national origin or ancestry.
11. The City of Englewood and the ERA as well as the employees and agents of each
entity shall be considered for all purposes of the Agreement as separate entities .
12. The City of Englewood and the EHA will establish safeguards to prohibit their
employees, agents , or servants from using this Agreement for any purpose which
causes or lends itself to create an appearance of impropriety. Said employees,
5
agents or servants shall not seek any personal benefits or private gain for
themselves, their families, or others.
13 . Each party agrees that it shall not assign or transfer its interest in this
Agreement without the written consent of the other party. Any unauthorized
assignment or transfer shall render this Agreement null, void and of no effect.
14 . Any notice to be given hereunder shall be deemed given when sent by registered
or certified mail to the addresses below:
Director
Englewood Housing Authority
3460 South Sherman St. -#101
Englewood, Colorado 80110
City Manager
City of Englewood
3400 S. Elati St.
Englewood, Colorado 80ll0
15 . Nothing herein shall be construed as creating any personal liability on the part
of any officer or agent of any public body which may be party hereto.
16 . This Agreement shall be carried out in accordance with the laws of the State of
Colorado and all applicable Federal laws and regulations , and all local laws ,
ordinances and regulations .
IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and
year first above written.
ATTEST:
Loucrishia A. Ellis, City Clerk
ATTEST:
Secretary
CITY OF ENGLEWOOD , COLORADO
Gary Sears, City Manager
ENGLEWOOD HOUSING
AUTHORITY
Cheryl St. Clair, Director
6
'.
•
•
•
..
•
•
•
Services Provided bv Citv
Cost for City personnel (Steve Ozburn)
(currently an even exchange for office space)
Payroll processing services for EHA personnel
Vehicle maintenance for EHA vehicles
Includes all necessary repairs and
maintenance on vehicles owned by EHA
Worker's Compensation Insurance for EHA
Human Resources Services for EHA
(hiring services)
Employee Benefits for EHA personnel
(same benefit package as EEA
excluding retirement and tuition
reimbursement)
Information Services
(UNIX & E-Mail -capabilities for
2 positions. Does not include general
equipment and service.
Purchasing
7
Costs to EHA
$ 0
$ 0
Set by annual Resolution
$
Reimburse for actual
premium cost.
(administrative costs included
in premium)
$
Reimburse for actual
costs of advertising only.
(no administrative fee )
$
Reimburse for actual
premium costs.
(administrative costs
included in premium)
$ 0
$
Reimburse for actual cost.
(no administrative fee)
T
T
A
c
H
M
E
N
T
A
T. .. T . . A..
c
H
Housing Rehabilitation Loan Program • Balance Sheet
As of December 31, 1998 N
T
Fund Fund B
71 72 Total
ASSETS
CURRENT ASSETS
Cash and investments $ 51,887 $ 930,617 $ 982 ,5 04
Interest receivable 599 10,664 11,263
Total current assets 52.486 941 ,281 993,767
OTHER ASSETS
Cash and investments-restricted 98 ,02 6 87,520 185,546
Notes receivable 966 ,Ti8 736,576 1,703,354
Long-term receivables 142 ,8 41 97,533 240.374
Total other assets 1,207,645 921.629 2.129 ,274
TOTAL ASSETS $ 1,260,131 s 1,8 62.910 $ 3 ,123 ,041
LIABILITIES & FU~'D EQUITY • CURRENT LIABILITIES
Accounts payable $ 444 s 1,990 $ 2,434
Mortgage payable-current portion 74,273 74,273
Total current liabilities 444 76,263 76,707
LONG-TERJ.\1 LIABILITIES
Mortgage payable-long term 647,6 71 647 ,671
TOTAL LIABILITIES 444 723 ,934 724,378
FUND EQUITY
Contributed capital 740,000 740,000
Retained earnings 1,259,687 398 ,976 1,658,663
TOT AL FUND EQUITY 1,259 ,687 1, 138,976 2 ,398 ,663
TOTAL LIABILITIES & FUND EQUITY $ 1,260, 131 $ 1,862 ,910 $ 3 ,123,041
l •
•
•
' . . ·
.•
Date
April 5, 1999
Initiated By
COUNCIL COMMUNICATION
Agenda Item Subject
Agreement with Englewood
11 a ii Housing Authority
Staff Source
Neighborhood and Business Development Mark Graham, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Providing decent housing in safe neighborhoods and expanding economic opportunities for Englewood
citizens.
RECOMMENDED ACTION
Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental
Agreement (IGA) between City of Englewood and the Englewood Housing Authority (EHA) for the
purpose of improving coordination and clarifying respective obligations .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This agreement is meant to clarify and strengthen the existing relationship between the City of
Englewood and the Englewood Housing Authority (EHA). Historically, the City has assisted the EHA
with meeting City housing goals by providing staff, benefits, and program moneys. This agreement
contemplates that the EHA will continue to provide housing services benefiting Englewood citizens with
some administrative and technical assistance provided by the City of Englewood . City assistance and
housing needs may be evaluated and budgeted annually.
City assistance may include payroll, recruitment, vehicle maintenance and other in-kind services. In
return, the EHA provides the City with housing services meeting broad City goals. EHA provides
affordable housing opportunities by administering programs funded primarily by the U.S. Department of
Housing and Urban Development (HUD). The City also provides resources and support for creating
decent housing in safe neighborhoods. The Neighborhood and Businesss Development (NBD) Office
and EHA collaborate to provide housing opportunities and believe it is in our mutual interest to clarify
roles and responsibilities related to providing housing programs. The proposed IGA anticipates an
ongoing relationship.
FINANCIAL IMPACT
The proposed IGA covers annually budgeted programs.
LIST OF ATTACHMENTS
Inter-Governmental Agreement
• Proposed Bill for an Ordinance
To :
Thru :
From:
Date :
Subject:
City Council
Bob Simpson, Director, Neighborhood and Business Development
Mark Graham, Senior Planner ;14"
March 15, 1999
Englewood Housing Programs
Requested Action:
Review the proposed Inter-Governmental Agreement and provide comment. If the document is
acceptable, then an Ordinance adopting the Agreement will be scheduled for first reading on
April 5, and second reading on April 19 .
Background:
A revised Inter-Governmental Agreement (copy attached) has been prepared and reviewed by
City of Englewood staff, Englewood Housing Authority (EHA) Board and staff, and the
Council appointed Ad Hoc Housing Committee. City Council and Housing Authority Boards
will be asked to approve the agreement. The proposed agreement would replace the IGA
approved by Council with Ordinance 60-85 in 1985.
The City of Englewood (Cit y) and Englewood Housing Authority (EHA) worked together
through 1998 and during 1999 to clarify our respective roles in delivering housing-related
programs to Englewood residents . During the last year, some City housing program staff
relocated back to City Hall and established new reporting relationships. Due to space shortages
at City Hall the Rehabilitation Construction Specialist continues to use EHA offices . It is
anticipated that NBD staff will be fully consolidated with the move into the renovated Foley 's
building .
As a result of the changes , program administration for the Community Development Block Grant
(CDBG) and the CDBG funded Home Rehabilitation Program have returned to the City as a
responsibility of the Neighborhood and Business Development Department. Along with the staff
comes program assets and liabilities described in the attached Inter-Governmental Agreement.
CDBG and the Home Rehabilitation program are returned to City administration with approval
of the proposed IGA.
No Project Build houses were started during 1998 . The Project Build properties in inventory
were traded to the Englewood Housing Authority for the properties occupied by the Historical
Englewood Depot. The Depot property will be landscaped as a park during the summer of 1999 .
Englewood 's finance director is preparing a report on the status of Project Build Funds . Because
•
•
the Project Build program is now in the direct control of the City, it is not included in the Inter-•
Governmental Agreement (IGA).
-'
~ ' ..
•
•
•
The proposed 1999 Inter-Governmental Agreement (IGA) documents the relationship between
the City and EHA. The agreement is broken into four sections: Purpose, City Obligations, EHA
Obligations, and Miscellaneous. City Obligations include, for example: appointing EHA Board
Members, processing payroll, recruiting staff, and maintaining vehicles. EHA Obligations
include, for example : administering Section 8 programs, maintaining program records,
conferring with the City on housing goals, avoiding conflicts of interest, and transferring assets
and liabilities of the housing rehabilitation program back to the City .
Several other issues were resolved outside of the agreement . The City billed EHA for
reimbursement of construction funds for the AVS house because the financially related Depot
transaction was incomplete when the A VS House on Acoma Street was started. The A VS house
is a cooperative project with the school district to provide vocational training to high school
students . EHA requested that Englewood waive building permit fees. An Ordinance addressing
that issue is drafted for Council consideration .
2
1\ENG_CH\SYS\DEP1\NBD\GROUP\BOAROS\COUNCIL\CC EHA IGA Memo.doc