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Home My WebLink About20201645.tiffBOARD OF COUNTY COMMISSIONERS PASS-AROU D REVIEW PASS -AR UNTITLE: CDBG 1GA Amendment DEPARTMENT: Finance & Administration DATE: August 25, 2020 EREESTI : : Don Sandoval Brief description of the problem/issue: HUD required us to make some changes to the CDBG IGA via an amendment. The amendment changes to the IGA are not substantial. I have sent the amendment to the 25 municipalities. None have objected to the amendment language and understand HUD can be very prescriptive even to the point that they didn't want us to use our standard template and required us to use their amendment template. The amendment changes are: First change Change From last Whereas on page 1 of the original IGA which reads: WHEREAS, rules and regulation to qualify or re - qualify as an Urban County are published annually and the notice for the Federal fiscal years 2020-2022 are published in HUD Notice CPD-19-04, "Instructions for Urban County Qualification for Participation in the Community Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2020-2022;" Change To: WHEREAS, rules and regulation to qualify or re -qualify as an Urban County are published annually and the notice for the Federal fiscal years 2021thorugh 2022 and are published in HUD Notice CPD-20-03, "Instructions for Urban County Qualification for Participation in the Community Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2021-2023; Next Change Change From page 2 Section 1 paragraph 1: This Agreement covers the CDBG Entitlement program. The initial term of this Agreement shall be for three (3) program years, beginning July 1, 2020, ending June 30, 2023. Funding for this Agreement is based on Federal fiscal years, which begin October 1st and end September 30th of the following year. Change To: This Agreement covers the CDBG Entitlement program. The initial term of this Agreement shall be three years covered by the urban county qualification period of Federal Fiscal Year 2021 through 2023. Funding for this Agreement is based on Federal fiscal years, which begin October 1st and end September 30th of the following year. Next Change Change From page 2 Section I paragraph 2: This Agreement shall automatically be renewed for an additional three (3) year term unless either party provides written notice that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, County shall provide notice to Municipality of its right not to participate in the additional term, pursuant to applicable HUD regulations. Any changes to this Agreement required pursuant to HUD's Urban County Qualification Notice shall be made by written amendment to this Agreement, which shall be mutually agreed upon and executed by both Parties hereto and submitted to HUD. Change To: This Agreement shall automatically be renewed for an additional three (3) year term unless either party provides written notice that it elects not to participate in a new qualification period. Each party must adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period; the amendment must be submitted to HUD as provided in the urban county. qualifi do is nd Failure to comply will void the automatic renewa l for such qualification period. � � Q090- �,� t 7712r)� Cc gi,C.P.-1-a Next Change Change From page 3 Section II A: Municipality will cooperate and work with County in the preparation of detailed projects and other activities to be conducted or performed within Municipality during the Federal fiscal years during which this Agreement is in effect. Municipality will also cooperate with County, and County will cooperate with Municipality, to undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The finalized projects and activities will be included in County's AAP when required, annually. Municipality understands and agrees, however, that County shall have final responsibility for the selection of all projects and activities to be included in the grant requests and the submission of requests. Municipality shall cooperate fully with County in all CDBG Program efforts planned and performed hereunder and does hereby allow and permit County to undertake or assist in undertaking essential community development and housing assistance activities within Municipality as may be approved and authorized in County's CDBG Plans, Agreements and/or Contracts, including the AAP, when required. Change To: The County and the municipality agree to cooperate to undertake, or assist in undertaking, community renewal and lower -income housing assistance activities. Next Change Change From page 5 Section II H. : Municipality understands that, while this Agreement is in effect, it may not apply for grants under the "Small Cities" or State CDBG Programs and HOME consortium with other local governments, except through the County regardless whether the County receives a HOME allocation for the Federal fiscal years during which it is participating in the Urban County's CDBG Program. Change To: By executing the CDBG cooperation agreement, the included municipality understands that it: a. May not apply for grants from appropriations under the State CDBG Program for fiscal years during the period in which it participates in the urban county's CDBG program. b. May receive a formula allocation under the HOME Program only through the urban county. Thus, even if the urban county does not receive a HOME formula allocation, the participating unit of local government cannot form a HOME consortium with other local governments. c. May receive a formula allocation under the ESG Program only through the urban county. Next Change Change From page 6 Section II L.: If Municipality terminates its participation in the Urban County CDBG Program, any assets acquired under this Agreement or from CDBG Program funding shall be managed or disposed of in accordance with 24 C.F.R. Volume 1, Subtitle A, Part 85 and any other applicable HUD and/or Federal regulations. Change To: If Municipality terminates its participation in the Urban County CDBG Program, any assets acquired under this Agreement or from CDBG Program funding shall be managed or disposed of in accordance with 2 CFR Part 200 and any other applicable HUD and/or Federal regulations. What options exist for the Board? (include consequences, impacts, costs, tcm of options): HUD has given us until September 16 to email them all the amendments in order to meet the timelines set forth in their March 9, 2020 Instructions for Urban County Qualification for Participation in CDBG program for fiscal years 2021- 2023. If we want to continue on the course we have set to have our program funding in 2021, we must sign the amendments and submit them to HUD Denver no later than September 16, 2020. We did ask for an extension and were given the extra 5 days to the 16th for submission. Recommendation: I recommend signing the 25 Amendments to the CDBG IGAs. I anticipate most will be available for our signature process for the September 9 BOOO meeting and others will be ready for the September 14 meeting. Signing the amendments will allow us to move forward in becoming an Entitlement County and receive CDBG funds. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross Approve Schedule Recommendation Work Session Other/Comments: AMENDMENT to Intergovernmental Agreement for Conduct of Community Development Block Grant Program in Weld County Between the County of Weld And grown of Pierce1 This Amendment to Intergovernmental Agreement for Conduct o f 'ompunity Develo •. ent .1 lock Grant Program in Weld County (the "Amendment") is made and entered into "` day of a°� by and between the Coun of Weld b y and through the Board of County Comm stun; �s of County of Weld (the "County"), and [Town of Pierce] (the "Municipality"). WITNESSETH: WHEREAS, the parties entered into an Intergovernmental Agreement for Conduct of Community Development Block Grant Program in Weld County (the "Agreement") dated May 11, 2020 identified by the Weld County Clerk to the Board of County Commissioners as document No. j2020-16451, and approved on jJune 3, 20201 and pp WHEREAS the parties hereby agree to amend the Agreement to incorporate the CDBG Program requirements described in Notice CPD-20-03, Instructions for Urban County Qualification for Participation p in the Community Development Block Grant (CDBG) Program for Fiscal 'Fears (FYs) 2021-2023 (the "Notice"). NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: I. The reference to Notice CPD-19-04 is amended to reflect Notice CPD-20-03, the current rules and regulations to qualify as an. Urban County for Fiscal Years 2021-2023. 2. The first paragraph of Section I of the Agreement is hereby replaced with the following: This Agreement covers the CDBG Entitlement program. The initial term of this Agreement shall be three years covered by the urban county qualification period of Federal Fiscal Year 2021 through 2023. Funding for this Agreement is based on the Federal fiscal year which begins October 1s1 and ends September termer 30th of the following year. P 3. The second paragraph of Section 1 of the Agreement is hereby replaced with the following: g This Agreement shall automatically be renewed for additional three (3) year qualification periods unless either party provides written notice that it elects not to participate in a newqualification period. � P d. Each party must adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three- year urban county qualification period; the amendment must be submitted pp to HUD as provided in in the the urban county qualification notice; and failure to comply will void the automatic renewal for such qualification period. 4. Section WA. of the Agreement is hereby amended to include the following statement: The County and the municipality agree to cooperate to undertake, or assist in undertaking, community n ty renewal and lower -income housing assistance activities. Sao ita461, 5. Section ll.H. of the Agreement is hereby replaced with the following: By executing the CDBG cooperation agreement, the included municipality understands that it: a. May not apply for grants from appropriations under the State CDBG Program for fiscal years during the period in which it participates in the urban county's CDBG program; b. May receive a formula allocation under the HOME Program only through the urban county. Thus, even if the urban county does not receive a HOME formula allocation, the participating unit of local government cannot form a HOME consortium with other local governments; and c. May receive a formula allocation under the ESO Program only through the urban county. Section ILL. of the Agreement is hereby replaced by the following: if Municipality terminates its participation in the urban county CDBG Program, any assets acquired under this Agreement or from CDBG Program finding shall be managed iaged or disposed of in accordance with 2 CFR Part 200 and any other applicable HUD and/or Federal regulations. 7. All other terms and conditions ofthe Original Agreement are unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. ATTEST: Weld •, •un ..r Clerk to the Board By. i Deputy Clerc c to '. e Board Lamina: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair own of Pierce 144 Main Ave Pierce Co 80650 Date: ro 1 6 2fl [Name of Authorized Signor], [Title /nor Zee 020 aro 9/0 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWN OF PIERCE 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 Conduct of the Community Development Block Grant (CDBG) Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration, and the Town of Pierce, commencing July 1, 2020, and ending June 30, 2023, 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, that the Intergovernmental Agreement for Conduct of the Community Development Block Grant (CDBG) Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration, and the Town of Pierce, 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 3rd day of June, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dithivjeitoeic Weld County Clerk to the Board ounty Attorney Date of signature: b /Io /22O Mike Freeman, Chair Kevin D. Ross cc: FI(pw/so/D5), A GT(Bc/co) Clio /2O 2020-1645 FI0071 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CDBG Municipal IGA DEPARTMENT: Finance & Administration PERSON REQUESTING: Don Sandoval DATE: March 4, 2020 Brief description of the problem/issue: To allow the IGAs to be sent to municipalities to help the County qualify as an Urban County and receive HUD CDBG funds. In order to qualify as an Urban County and receive HUD CDBG funds, the County must have signed Cooperation Agreements (IGAs) with each non -entitlement municipality within the county. (Greeley, Longmont, Thornton, Brighton, and Northglenn are an Entitlement entities) This is a HUD requirement. The IGA allows the municipality to be a participating jurisdiction with us and is needed to keep the Urban County designation of 200,000 population. The IGA is a 3 -year agreement with automatic renewal if the municipality does not request to withdrawn from the agreement. Also, the municipality may not apply to the State for CDBG during the agreement period. Timnath and Berthoud will not be asked to sign the IGA as most of their population is within Larimer County. City of Greeley will not either. Gabe Kalousek, Assistant County Attorney, reviewed and approved the IGA's. An example of the letter from the BOCC Chair, IGA and flyer are all attached for your review. What options exist for the Board? (include consequences, impacts, costs, etc. of options): If there is no IGA with the municipalities, we do not qualify as an Urban County. Recommendation: I recommend approval to send the IGAs to the municipalities. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross ©& 70,3 PYI Schedule Work Session Other/Comments: 2020-1645 FJ O'71 OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-336-7204 FAX: 970-336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 9, 2020 The Honorable Nansi Crom Mayor of Pierce P.O. Box 57 Pierce, CO 80650 Dear Mayor Crom, We are pleased to inform you the U.S. Department of Housing and Urban Development (HUD) notified Weld County that it may qualify for designation as an Urban County. Weld County intends to seek that designation and, if successful, will be eligible to receive an allocation of Community Development Block Grant (CDBG) funds for federal fiscal years 2020-21. The goal of the CDBG program is to provide funds for decent housing and suitable living environments, along with the expansion of economic opportunities, principally for low- and moderate -income persons. HUD requires municipalities within Weld County that are not Entitlement Cities to notify HUD and the county of its intent to be included or excluded for participation in Weld County's designation of an Urban County. This designation will allow Weld County to receive nearly one million dollars for each of the next three years to be used to principally benefit low- and moderate -income persons both in your community and in unincorporated portions of the county through a grant program operated by the county. If your municipality is included in the Urban County designation, HUD requires an intergovernmental agreement (IGA), called a Cooperation Agreement, to be made with Weld County. As a result of participation in the Urban County, the local government will be exempt from applying for CDBG funding from the State of Colorado or participating in other HOME or ESG consortiums. Should Weld County receive a percentage of HOME or ESG funding, incorporated municipalities participating in the CDBG program are automatically included in a HOME or ESG consortium with Weld County. HUD requires municipalities to notify Weld County and HUD in writing of their intent to be included or excluded from the Urban County by June 2, 2020. We would appreciate the opportunity to further discuss this program with the you. We request you send us the signed Intergovernmental Agreement as soon as possible. Please feel free to contact Don Sandoval CDBG Manager at dosandoval@weldgov.com or 1150 O Street, PO Box 758, Greeley, CO 80632 with any questions. Sincerely, BOARD OF COUNTY COMMISSIONERS 1 A-124 Mike Freeman, Chair c: Don Sandoval, CDBG Manager INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN WELD COUNTY THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made this 11th day of May . 2020. by and between County of Weld, by and through the Board of County Commissioners of County of Weld. whose address is P.O. Box 758. 1150 O Street, Greeley, CO 80632, a body corporate and politic of the State of Colorado. hereinafter referred to as "County," and Town of Piece, whose address is 144 Main Street. P.Q. Box 57, Piece. CO 80650, a municipality located in Weld County. State of Colorado, hereinafter referred to as "Municipality." County and Municipality may be referred to collectively as "Parties.- and individually as "Party." WITNESSETH: NESSETH: WHEREAS, in 1974 the U.S. Congress enacted the Housing and Community Development Act of 1974 ("the Act") thereby permitting and providing for the participation of the Federal government in a wide range of local housing and community development activities and programs. which activities and programs are administered by the U.S. Department of Housing and Urban Development ("HUD"): and WHEREAS, the primary objective of Title I of the Act is the development of viable urban communities by providing decent housing and a suitable living environment and the expansion of economic opportunities, mainly for persons of low and moderate -income. This objective is to be accomplished by providing financial assistance in the form of block grant funds to state and local governments for the conduct and administration of housing and community development activities and programs as contemplated under the Act via the Community Development Block Grant ("CDBG") program; and WHEREAS, HUD rules and regulations governing the CDBG Program, as published in 24 C.F.R., Volume 3, Subtitle B, Chapter V, Part 570 ("CDBG Regulations"), provide that a county must qualify as an ``Urban County," as defined therein, and submit to HUD an annual request for funding in the form of a Three (3) year Consolidated Plan ("Consolidated Plan") and an Annual Action Plan ("AAP") or a Three (3) year Consolidated Plan with an Annual Action Plan component ("CPAAP"). The municipalities and other units of local government within an Urban County may be included in the Urban County by intergovernmental or cooperative agreement and may thereby be included in the Urban County's CDBG Program; and WHEREAS, Weld County wishes to obtain Urban County classification for the next three successive fiscal years 2021 -2023 and future years; and WHEREAS. rules and regulation to qualify or re -qualify as an Urban County are published annually and the notice for the Federal fiscal years 2020-2022 are published in HUD Notice CPD-I9-04, "Instructions for Urban County Qualification for Participation in the Page I of 9 Pages Community Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2020-2022;" and WHEREAS, HUD has determined that County is authorized to undertake essential community development activities in its unincorporated areas that are necessary to qualify as an Urban County to receive funds from HUD by annual grant agreement. This determination is based on the authority granted County pursuant to §§ 29-3-101 to123, §§ 30-1 1-101 to 107; §§ 30-20-301 to 310; and §§ 30-20-401 to 422. Colorado Revised Statutes (C.R.S.). as amended; and WHEREAS, it is recognized that County does not have independent legal authority to conduct some kinds of community development and housing assistance activities within the boundaries of Municipality and. therefore, its ability to conduct the CDBG Program in Municipality is limited. Accordingly, in order for Municipality to be considered a part of the Urban County and be included in County's annual requests to HUD for CDBG Program funds. CDBG regulations require that Municipality and County enter into a cooperation agreement wherein Municipality authorizes and agrees to cooperate with County to undertake or to assist in the undertaking of essential community development and housing assistance activities within the boundaries of Municipality. as may be approved and authorized in County's annual grant agreements with HUD; and WHEREAS, pursuant to Colo. Const. art. XIV, § 18 and § 29-1-203. C.R.S., as amended, County and Municipality are expressly authorized to cooperate and contract with each other for any function, service, or facility lawfully authorized to each; and WHEREAS, County and Municipality have determined that it would be mutually beneficial and in the public interest to enter into this Agreement. Municipality that has entered into an intergovernmental agreement with the County shall be considered a "Participating Jurisdiction" and shall be eligible to participate in the County's CDBG programs for the County's qualification period. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth, the sufficiency of which is hereby acknowledged. County and Municipality agree as follows: 1. TERM OF AGREEMENT: This Agreement covers the CDBG Entitlement program. The initial term of this Agreement shall be for three (3) program years, beginning July 1, 2020, ending June 30, 2023. Funding for this Agreement is based on Federal fiscal years, which begin October Is' and end September 30th of the following year. This Agreement shall automatically be renewed for an additional three (3) year term unless either party provides written notice that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, County shall provide notice to Municipality of its right not to participate in the additional Page 2 of 9 Pages term. pursuant to applicable HUD regulations. Any changes to this Agreement required pursuant to HUD's Urban County Qualification Notice shall be made by written amendment to this Agreement. which shall be mutually agreed upon and executed by both Parties hereto and submitted to HUD. This Agreement shall remain in effect until the CDBG funds and Program Income ("Pr) received with respect to activities carried out during the three-year qualification period and any applicable successive qualification periods pursuant to renewals of the Agreement are expended and the funded activities completed, and County and Municipality cannot terminate or withdraw from the Agreement while it remains in effect. II. RESPONSIBILITIES OF MUNICIPALITY: A. Municipality and County Cooperation. Municipality will cooperate and work with County in the preparation of detailed projects and other activities to be conducted or performed within Municipality during the Federal fiscal years during which this Agreement is in effect. Municipality will also cooperate with County, and County will cooperate with Municipality, to undertake or assist in undertaking community renewal and lower income housing assistance activities. specifically urban renewal and publicly assisted housing. The finalized projects and activities will be included in County's AAP when required, annually. Municipality understands and agrees. however, that County shall have final responsibility for the selection of all projects and activities to be included in the grant requests and the submission of requests. Municipality shall cooperate fully with County in all CDBG Program efforts planned and performed hereunder and does hereby allow and permit County to undertake or assist in undertaking essential community development and housing assistance activities within Municipality as may be approved and authorized in County's CDBG Plans. Agreements and/or Contracts, including the AAP, when required. B. Delegation of Administrative and Supervisory Control. Municipality acknowledges that County is ultimately responsible to HUD for the supervision and administration of any funds received by the Urban County or Participating Jurisdiction under the CDBG Program. C. Subrecipient Agreements. Pursuant to CDBG Regulations. as published in 24 C.F.R. Volume 3, Subtitle B, Chapter V, Part 570.501(b), Municipality is subject to the same requirements applicable to "subrecipients," including the requirement of a written agreement as set forth in 24 C.F.R. Volume 3, Subtitle B, Chapter V, Part 570.503. Additionally, County shall use Sub -recipient Agreements for all projects administered on behalf of Municipality and shall notify Municipality of individual project and/or Activity County approvals. The Agreements may contain the Project Name, Project Purpose, Scope of Service, Project Description, Performance Measures, Staffing and Description of System Delivery, Project Budget. Time of Performance, Reporting Requirements, Labor Standards requirements (if any), Environmental Review Requirements and other Financial Information. This Agreement shall govern such elements as PI, Reversion of Assets. Records, Reports and Asset Management. Page 3 of 9 Pages D. Project Timelines. The timeline for a project or activity shall commence when County provides written notification to Municipality of proposal/project/activity approval and authorization by County and/or HUD and a fully executed Subrecipient Agreement. Municipality shall submit to County, no less frequent than annually, formal Municipality proposals, including a timeline and budget for each project or activity. The timeline shall specify the length of time needed for each phase through the completion of the project or activity. Municipality shall comply and/or require its contractors and/or sub -contractors to comply with the timelines submitted and Municipality shall allocate the funds received hereunder accordingly. Municipality understands that failure to comply with the timelines may result in cancellation of a project or activity and/or the loss of CDBG funding, unless County determines that extenuating circumstances beyond Municipality control exist, permitting the project to proceed and be completed in a reasonable time. Unobligated or unexpended funds not used by Municipality shall be transferred to the allocation formula for redistribution. County will review all CDBG projects and activities to determine whether they are being carried out in a timely manner as required by CDBG Regulations, 24 C.F.R. Volume 3, Subtitle B, Chapter V, Part 570.902. E. Payment Process. 1. Applications for Funding. Before County distributes any funds to Municipality under this Agreement. Municipality shall submit to County an application for funding, which shall be in the form and format specified by County and in compliance with HUD regulations. F. Non -Appropriation Clauses. Municipality agrees that every contract to which it is a party involving the use of CDBG funds allocated hereunder shall include a non - appropriation clause. Such clause shall state that the funding therefore is contingent upon the continuing allocation and availability of CDBG funding and not upon the availability of County General Funds. 1. Accounting Standards. Municipality's financial management system shall be in compliance with the standards specified in OMB Circular A-87. In addition, Municipality shall comply with OMB Circular A -I 10, Attachment F, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. G. Expenditure Restrictions. All CDBG funds approved by HUD for expenditure under County's Grant Agreement, including those that are identified for Municipality projects and activities, shall be allocated to the specific projects and activities described and listed in Municipality's proposal for funding. Agreements, and Contracts; such funds shall be used for no other purposes. No project, activity, or the amount allocated to a given project or activity may be changed without the written concurrence of County and/or HUD, as required. Page 4 of 9 Pages H. Additional Spending Limitations. Municipality understands that, while this Agreement is in effect. it may not apply for grants under the `"Small Cities" or State CDBG Programs and HOME consortium with other local governments, except through the County regardless whether the County receives a HOME allocation for the Federal fiscal years during which it is participating in the Urban County's CDBG Program. I. Municipality as Independent Contractor. Municipality shall be responsible for the direct day-to-day supervision and administration of the projects and activities for which it receives funding under this Agreement. As such. Municipality shall be deemed to be acting as an independent contractor and not as an employee of County. Municipality shall be solely and entirely responsible for its acts and omissions, and the acts and omissions of its elected officials, employees, servants, contractors, and subcontractors during the term and performance of this Agreement. No elected official, employee, servant, contractor, or subcontractor of Municipality shall be deemed to be an employee, servant, contractor, or subcontractor of County because of the performance of any services or work under this Agreement. Municipality, at its expense, shall procure and maintain workers' compensation insurance and unemployment compensation insurance as applicable and/or required by law. Pursuant to the Workers' Compensation Act, 4 8-40-202(2)(b)(IV), C.R.S., as amended, Municipality understands that it and its elected officials, employees, and agents are not entitled to workers' compensation benefits from County. Municipality further understands that it is solely obligated for the payment of Federal and State income tax on any moneys earned pursuant to this Agreement, as applicable. Unemployment insurance benefits will not be available to Municipality unless unemployment coverage is provided by the Municipality or some other entity. J. Excessive Force. Municipality has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and; 2. A policy enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. K. Record Retention. Municipality shall maintain records and accounts of the funds it receives hereunder in accordance with accepted accounting procedures and any applicable Federal and State laws and regulations. Municipality will provide full access to these records to County, the Secretary of HUD or the Secretary's designee, the Office of Inspector General, and/or the General Accounting Office, so that compliance may be confirmed regarding the expenditure of funds pursuant to this Agreement. Municipality further agrees to provide County, upon request, a copy of any audit records pertaining to Municipality's CDBG Program operations during the term of this Agreement. Page 5 of 9 Pages Municipality shall retain all records pertaining to this Agreement for a period often (10) Federal fiscal years following the termination of this Agreement. L. Termination Asset Management. If Municipality terminates its participation in the Urban County CDBG Program. any assets acquired under this Agreement or from CDBG Program funding shall be managed or disposed of in accordance with 24 C.F.R. Volume I. Subtitle A. Part 85 and any other applicable HUD and/or Federal regulations. M. Compliance With Local Laws. All responsibilities of Municipality enumerated herein shall be subject to applicable State statutes and regulations and Municipality ordinances, resolutions, and rules and regulations insofar as they apply to projects or activities located within Municipality. III, RESPONSIBILITIES OF COUNTY: A. Administrative Oversight. County, as a designated Urban County and Participating Jurisdiction, is ultimately responsible for the administrative oversight and supervision of all funds. As such, it is responsible for ensuring that all funds allocated to Municipality are expended in accordance with the AAP, all Agreements and/or Contracts, and all applicable Federal, State, and local laws. ordinances, resolutions, regulations, and laws pertaining to this Agreement. It is the intent of County to exercise only that degree of administrative and supervisory control concerning Municipality projects and activities as necessary to comply with such requirements and in accordance with the provisions of this Agreement and any Subrecipient Agreement. B. Distribution of Funds. The distribution of CDBG funds between County and Municipality shall be determined as follows: 1. Administrative Allocation. County shall retain up to twenty percent (20%) of the total CDBG Program funds allocated to County for the purpose of general oversight, management, coordination and related costs. The expenditure of these funds shall be within the sole discretion of County for the aforementioned purposes. 2. Allocations to Participating Jurisdictions. The funds remaining after the subtraction of the administrative allowance outlined above shall be made available to the County and Participating Jurisdictions. 3. Application Compliance. All applications for funds must comply with all applicable Federal laws and regulations before any funds may be distributed. 4. Benefit to Low and Moderate Income Residents. CDBG National Objectives require that at least seventy (70%) of CDBG funds utilized must principally benefit low -to -moderate -income residents. County and Municipality agree to utilize their CDBG Program allocations each year in accordance with CDBG Program National Objective requirements by allocating at least seventy (70%) percent of their funds Page 6 of 9 Pages toward projects or activities that principally benefit low -to -moderate income residents. In preparing applications for funding. Municipality shall also take into consideration provisions for the elimination of slums or blight and provisions to meet urgent community development needs that are a threat to public health and safety and have become known or serious within the last eighteen (1 8) months, which are also part of the CDBG Program National Objectives. IV. MUTUAL RESPONSIBILTIES AND MISCELLANEOUS PROVISIONS: A. Compliance With Federal Laws and Regulations. The Parties shall take all actions to do all things that are appropriate and required to comply with the applicable provisions of the grant agreements received from HUD by County in which Municipality is included. These include but are not limited to: the Act, as most recently amended, including all associated regulations, rules, guidelines, and circulars promulgated by the Federal departments, agencies. and commissions relating to the CDBG Program; the Davis -Bacon Act, as applicable; Section 3. as applicable; Minority -Owned Businesses/Women-Owned Businesses, as applicable; the Contract Work Hours and Safety Standards Act; Title VI of the Civil Rights Act of 1964: Title VIII of the Civil Rights Act of 1968; the Housing and Community Development Act of 1974; The Fair Housing Act; the Uniform Federal Accessibility Standards (UFAS); the Americans With Disabilities Act (ADA); and the Residential Lead -Based Paint Hazard Reduction Act of 1992, as amended, and any associated regulations and rules. Additionally, in accordance with 24 C.F.R. Volume 3, Subtitle B, Chapter V, Part 570, no employee, official, agent or consultant of the Municipality shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The Parties shall take all actions necessary to assure compliance with County's Urban County certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act. section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. B. Governmental Immunity. County and Municipality are "Public Entities" as defined under the Colorado Governmental Immunity Act, § 24-10-101, el seq., C.R.S., as amended. Nothing in this Agreement shall be construed to waive or in any manner limit any of the protections or immunities afforded thereunder. C. Fair Housing. County is prohibited from funding activities that do not comply with HUD's policies and regulations concerning fair housing. Municipality agrees to affirmatively further fair housing. Municipality agrees not to take any actions pursuant to funding it receives under this Agreement that would result in County being in noncompliance with its Fair Housing Certification. Municipality acknowledges that noncompliance by Municipality may constitute noncompliance by County, which may provide cause for funding sanctions or other remedial actions by HUD. Urban County funding shall not be used for activities in. or in support of. any locality that does not affirmatively further fair housing within its own jurisdiction or that impedes County's actions to comply with County's Fair Housing Certification. Page 7 of 9 Pages D. Reporting. Municipality will file all reports and other information necessary to comply with applicable Federal laws and regulations as required by County and HUD. This includes providing to County information necessary to complete the Consolidated Annual Performance and Evaluation Report (CAPER) in a timely fashion. Requirements will be specified in individual Agreements and/or Contracts. County shall be responsible for confirming the compliance of Municipality projects with applicable Federal laws and regulations. County shall further be responsible for maintaining proper documentation of County's administrative expenses and for determining that all necessary reports and information are filed with HUD and other applicable Federal agencies in a timely fashion. 1. Support of Nonprofit Organizations. County recognizes nonprofit organizations as being valuable partners in addressing the needs of low and moderate -income citizens. Municipality is encouraged to provide financial support utilizing its General funds, CDBG funds, and other available funds to support nonprofit organizations that serve low-income residents within the Urban County and/or Municipality. CDBG funds should supplement activities above and beyond what local Municipality funds normally support; they are not meant to displace use of local support. 2. Termination. This Agreement may only be terminated as provided herein or as otherwise provided by Federal, State, or local law, ordinance, resolution, regulation. or rule. E. Entire Agreement. This writing constitutes the entire Agreement between the Parties with respect to the subject matter herein, and shall be binding upon the Parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of the Parties. F. No Third -Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It is the express intention of the Parties that any entity other than the Parties receiving services or benefits under this Agreement shall be incidental beneficiary only. G. Severability. If any term or condition of this Agreement shall be held to be invalid. illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the Parties. H. Modification and Breach. This Agreement contains the entire Agreement and understanding between the Parties and supersedes any other Agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the Parties. No Page 8 of 9 Pages breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party, or waiver of. a breach by any other Party. whether express or implied. shall not constitute a consent to, waiver of. or excuse for any other different or subsequent breach. 1. Prohibition of Fund Use. The Parties may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county. unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. This requirement is contained in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act. J. Legal Opinion. The terms and provisions of this agreement are fully authorized under State and local law and the agreement provides full legal authority for the county. K. Notices. All notices required herein shall be mailed via First Class Mail to the Parties' representatives at the addresses set forth below: MUNICIPALITY: Nansi Crom 144 Main Street P.O. Box 57 Piece, CO 80650 COUNTY: Don Sandoval Weld County 1 150 "O" Street P.O. Box 758 Greeley, CO 80632 IN WITNESS WHEREOF, County and Municipality have duly executed this Agreement, which shall become effective as of the latest date written below. ATTEST: TOWN OF PIERCE, COLORADO By:�ct.> / zrps,.1�� Martha J. arold, Deputy Clerk ATTEST: d% v• WELD COUNTY Clerk to the B By: By: A/4 (.LLB Nansi Crom. Mayor NTY OF WELD, STATE OF ORADO, by and through the BOARD UNTY COMMISSIONERS OF THE TY OF WELD : (Deputy) Clerk to the Board Mike Freeman, Chair JUN 0 3 2020 Page 9 of 9 Pages Hello