HomeMy WebLinkAbout20012409 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
HOUSING AUTHORITY SERVICES THROUGH CONSORTIA AND AUTHORIZE
CHAIR TO SIGN - HOUSING AUTHORITY OF THE CITY OF GREELEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
the Provision of Housing Authority Services through Consortia between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Housing Authority, and the Housing Authority of the City of Greeley,
commencing September 1, 2001, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, ex-officio Housing Authority Board, that the Intergovernmental
Agreement for the Provision of Housing Authority Services through Consortia between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Housing Authority, and the Housing Authority of the
City of Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of August, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
sttt
W C TY, COLORADO
ATTEST: LI"1A ells
g wt1 u- %M. J. de, Chai
Weld County Clerk to thee. acid
a $
A r'. • - $Glenn Vaad, Pro-Tem
BY: �'► ii` /
Deputy Clerk to the Boa Nita F �1, 1 / J
Willia Jerke
AP AS ORM: cyuk C C�
DMog )\\\4
ounty Attorney
Robert D. Masden
Date of signature: 'WO
2001-2409
HA0021
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
HOUSING AUTHORITY SERVICES THROUGH CONSORTIA
THIS INTERGOVERNMENTAL AGREEMENT FOR CONSORTIA ("Consortia
Agreement") is made and entered into this 27th day of August, 2001, by and between the Weld
County Housing Authority, whose address is 915 10th Street, Greeley, Colorado 80631,
hereinafter referred to as "County Housing Authority," and the Housing Authority of the City of
Greeley,whose address is 2448 1st Avenue, Greeley, Colorado 80631, hereinafter referred to
"Greeley Housing Authority."
WITNESSETH:
WHEREAS, County Housing Authority is organized as a county housing authority and
political subdivision of the State of Colorado, pursuant to C.R.S. § 29-4-503, with those powers
and duties listed in C.R.S. § 29-4-505, and
WHEREAS, Greeley Housing Authority is organized as a city housing authority and
political subdivision of the State of Colorado, pursuant to C.R.S. § 29-4-204, with those powers
and duties listed in C.R.S. § 29-4-209, and
WHEREAS, the County Housing Authority and the Greeley Housing Authority, through
an Intergovernmental Agreement dated December 28, 1998, have provided since that date
services within their respective jurisdictions under the direction of one Executive Director, and
have benefit from cost savings afforded by the provision of housing authority services in both
jurisdictions by the staff of only one of the Greeley Housing Authority, and
WHEREAS, the parties hereto desire to enter into this Consortia Agreement to continue
cost savings and to accomplish more efficient management practices, and
WHEREAS, this Consortia Agreement is intended to supplement the parties original
Intergovernmental Agreement, dated December 28, 1998, and to amend the provisions contained
in said Intergovernmental Agreement to the extent that the provisions therein are inconsistent
with those set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1. Term:
This Consortia Agreement is effective September 1, 2001, extend for the period of one
year from the date thereof, and shall be renewed automatically each year thereafter for
successive one-year terms unless sooner terminated, as per the provisions of Paragraph
12, herein.
Page 1 of 5 Pages
2001-2409
2. Provision of Housing Authority Services in City and in County Housing Authority
Jurisdictions by Greeley Housing Authority
The Greeley Housing Authority agrees to provide housing authority services in the City of
Greeley, and Weld County, under the name of Greeley-Weld Housing Authorities, herein
after referred to as GWHA. Such services shall include the following, as may be
modified by the GWHA Administrative Plan, a copy of which is attached hereto and
referred to herein as "Exhibit A." Specifically, GWHA agrees to:
a. Continue all responsibilities and duties currently being carried out by the City
Housing Authority and the County Housing Authority as required by HUD, and
the existing Intergovernmental Agreement dated and signed on December 28,
1998.
b. Continue all financial responsibility for the operation, maintenance, and growth of
existing programs.
c. Assume all responsibility for complying with all terms and conditions of a any
grants and contracts administered under the County Housing Authority and all
applicable laws in carrying out project operations. These grants or contracts
include,but are not limited to:
1. Section 8 Vouchers and Certificates;
2. Housing Rehabilitation including the Intergovernmental Agreement with
Greeley Urban Renewal Services;
3. Federal Emergency Shelter Grants;
4. Weld County General Assistance Funding to Homeless and Case
Management Providers;
5. Loan Management and Intergovernmental Agreements with the Farm
Labor Sponsoring Association and Catholic Charities Northern Housing
Project; and
6. Development of Migrant Housing Projects.
d. Fulfill all administrative and reporting requirements of any grant as required to
ensure full grant compliance.
e. Prepare all necessary reviews, public notices, and other documents s to comply
with grants and contract rules and regulations.
Page 2 of 5 Pages
:7DD/-c_93{d 9
eTh
f. Report all activities to the County Housing Authority Board of Commissioners
according to the schedule prescribed by such Board.
g. Develop and plan annual budgets.
h. Provide all accounting functions.
i. Continue liability coverage for errors and omissions insurance.
j. Operate using one combined waiting list.
k. All property, equipment, and funds currently held by both housing authorities
remain the property of the individual housing authority and are to be used in
GWHA business to manage existing and future programs.
3. Employment of County Housing Authority Staff
a. Employees of the County Authority were terminated and hired as Greeley
Housing Authority Staff on January 15, 1999.
b. GWHA assumes all responsibility for employee issues.
4. Modification of the Consortia Agreement
All modifications of this Consortia Agreement shall be in writing and signed by both
parties.
5. Assignment
This Consortia Agreement shall be binding upon the parties hereto, their successors,
heirs, legal representatives, and assigns.
6. Venue\Applicable Laws
Venue for any legal action between the parties hereto shall be proper in Weld County,
Colorado,pursuant to Colorado law.
7. Entire Agreement
The parties hereby agree that neither has made or authorized any agreement with respect
to the subject matter of this instrument other than expressly set forth herein, and no oral
representation,promise, or consideration different from the terms herein contained shall
be binding on either party, or its agents or employees,hereto. This Consortia Agreement
Page 3 of 5 Pages
embodies all agreements between the parties hereto and there are no promises, terms,
conditions, or obligations referring to the subject matter whereof other than as contained
herein.
8. No Waiver of Immunity
No portion of this Consortia Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any portion of
this Consortia Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Consortia Agreement.
9. Records Maintenance
The GWHA will maintain records in accordance to federal, state, and local laws and
regulations.
10. Representatives
For purposes of this Consortia Agreement, individuals identified below are hereby
designated representatives of the respective parties. All notices required to be given by
the parities hereunder shall be given by certified or registered mail to the individuals at
the addresses set forth below. Either party may from time to time designate in writing a
new or substitute representative(s):
For County Housing Authority: For Greeley Housing Authority:
Don Warden, Finance Administrator Tom Teixeira, Executive Director
11. Litigation
All liability and litigation responsibilities are assumed by GWHA. The GWHA shall
promptly notify the County Housing Authority Board of Commissioners in the event of
any actual litigation in which the County Housing Authority is a party defendant in a case
involving services provided under this consortia agreement.
12. Termination
This Consortia Agreement may be terminated at any time by either party giving ninety
(90) days written notice and is subject to the availability of funding.
Page 4 of 5 Pages
P"'"
13. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of
this Consortia Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties and nothing in this Consortia Agreement shall
give or allow any claim or right of action whatsoever by any other person not included in
this Consortia Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this
Consortia Agreement shall be an incidental beneficiary only.
SIGNED the date and ear set forth above.0110.�� � �
ATTEST: I\` ]ELZ `WELDCOUNTYHOUSINGAUTHORITY
40.
CLERK TO THE BOARD
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BY: . ..� . - I .... ,' ' r s
Deputy Clerk to the B� OU` )/ M. J. Ile, Chairman (OEM P I)
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ATTEST: HOUSING AUTHORITY OF THE CITY OF
GREELEY
BY: v BY:
Thomas Teixeira, Executive Director Aar n anchez, hair
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Page 5 of 5 Pages
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