HomeMy WebLinkAbout20201936.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: CD
DEPARTMENT:
.f
(S
G IGA Amendment
Finance & Administration
PERSON REQUESTING: Don Sandoval
DATE: August 25, 2020
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 I 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 qualification notice; and Failure to comply will void the automatic
renewal for such qualification period. art doee- 20 — 36'
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xt 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, etc. 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: for
.IGAs. I anticipate most will be available
�n the 25 Amendments to the CDBG September
recommend signing meeting and others will be ready for the p
process for the September 9 BOCC me g
our signature the amendments will allow us to move forward in becoming an Entitlement
14 meeting. Signing
County and receive CDBG funds.
Approve
Recommendation
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
Schedule
Work Session
Other/Comments:
TOWN OF WINDSOR
RESOLUTION NO. 2020 --- 65
A RESOLUTION APPROVING ING AN AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN AND WINDSOR AND THE WELD
COUNTY BOARD OF COUNTY COMMISSIONERS WITH RESPECT TO
PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
WHEREAS, the Town of Windsor ("Town") is a Colorado home rule municipality with
all powers and authority vested. by Colorado law; and
WHEREAS, the Town has a long history of cooperative relations with other local
governments, including the Weld County Board of County Commissioners ("Weld
County"); and
WHEREAS, Weld County has been selected to receive federal funds through the
Community Development Block Grants ("CDBG") Program for a three-year period
commencing in 2021; and
WHEREAS, the CDBG Program is intended to fund housing and related infrastructure
projects that primarily benefit low- and moderate -income persons; and
WHEREAS, the Town and Weld County entered into that certain Intergovernmental
Agreement ,for Conduct of Community Development Block Grant Program in Weld
county dated June 8, 2020 ("IGA."); and
WHEREAS, since the executionof the IGA by the Town, the United States Department
of Housing and Urban Development ("HUD") has requested that the IGA be amended to
assure continued eligibility for funding; and
WHEREAS, Weld County has presented the attached Amendment to Intergovernmental
Agreement for Conduct of Community Development Block Grant Program in Weld
county Between the County of Weld and the Town of Windsor ("Amendment"), which
contains the terms suggested by HUD and approved by Weld County; and
WHEREAS, Title 29, Article I of the Colorado Revised Statutes encourages and permits
local governments to cooperate in the provision of any function, service, or facility
lawfully authorized to each of the cooperating entities, including the sharing of costs, the
imposition of taxes, or the incurring of debt, so long as such cooperation is authorized by
each party thereto with the approval of its governing body; and
WHEREAS, Town Board wishes to authorize the execution of the attached Amendment.
NOW, THEREFORE, be it resolved by the Town Board for the Town of Windsor,
Colorado, as follows:
1. The attached Amendment to Intergovernmental Agreement for Conduct of
Community Development Block Grant Program in Weld County Between the
County of Weld and the Town of Windsor is hereby approved and adopted.
2. The Town Manager is hereby authorized to execute the attached
Intergovernmental Agreement on behalf of the Town.
3 The Town Attorney is authorized to make such modifications to the form of
the attached Intergovernmental Agreement as may be necessary to carry out
the intent of this Resolution.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted
this 24th day of August, 2020.
TOWN OF W A DS OR, COLORADO
ATTEST:
yE 1# �
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,N '�.� WET•• iii
y,n..
Karen Frawley, Town Cler
t1/4"
2
By: �
eyer, ayor
AMENDMENT t
Intergovernmental Agreement for Conduct of
Community Development Block Grant Program in Weld County
Between the County of Weld
And
( Town of Windsor)
This Amendment to Intergovernmental .Agreement for Conduct of Community Development Block Grant
Program in Weld County (the *`Amend re°rat") is made an . entered into 9 ~i-b day of__ Septemhpri
QP2Q.. �-�:a����z.. by and : between the County ofWeld, by and through the Board _ f County Commissioners of County: of.
Weld (the "County"), and [Town of Windsor] (the "Municipality").
WITNESSE"1'11.
WHEREAS the parties entered into an Intergovernmental Agreement for Conduct of. §ommunity.
'i! i :S Program V k'"Agreement")
Dev.elopm nt Block Grant in Weld County (thy dated . June 8 2020 , identified by
the Weld County Clerk to the Board of County Commissioners as document No. 12020-19361 and approved on
3une 29, 2020 and
I l'EREAS the parties hereby agree to amend the Ag,reementto incorporate gate the CDBG Program
requirements described in Notice CP 20 03, Instructions for Urban County Qualification for Participation in the
Community Development Block Grant (+lr"'DBG) Pr* gnun for Fiscal Years (''s) 2021-2023 (the "Notice"),
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
1., The reference to Notice CP1)40-0441 is amended to reflect Notice P1 -2:0«03# the current rules and.
regulations to qual i & as an Urban County for Fiscal Years 2021-2023.
The first paragraph of Section 1 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 1 and ends September 30th of
the following year:
•
3.. The. second paragraph Of Section 'l of the Agreement is hereby. replaced with the. following:
This Agreement shall automatically be renewed fbr additional three (3) year qualification periods unless
either party provides written notice that it elects not to participate in a new qualification period. Each party
mustadopt 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 urbancounty qualification period; the amendment must be submitted td to HOD as provided in the urban
county qualification notice and failure to comply will void the automatic renewal for such qualification
period.
4. Section 11.A. of the Agreement is hereby amended to include the fbliowing statement:
The County and the -municipality agree to cooperate to undertake, or assist in undertaking.„ community
renewal and lower -intone, housing assistance activities,
goo o(9 6)(f)
5, Section 1t.l..l• of the Agreement ishereby replaced with the. following:
By execrating the COBO cooperation agreement. the: included municipality understands that it:
rrn May not apply fear grants from appropriations under the State cDBG Program for fiscal years during.
the period in which t participates in the urban county's C:DRG program;
b. May receive a formula allocation under. the HOME Program only through the urban county.. Thu,.
even if the urban county does not receive a HOME formula allocation the participating unit ofl cal
government cannot form a HOME consortium with other local governments: and
May receive a formula allocation under the ESG 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 CDBO Program funding shall be managed or disposed of in accordance with 2 CFR
Part 200 and any other applicable HUD and/or Federal regulations..
All other terms and conditions of the Original Agreement are unchanged and remain in full force and effect.
IN WITNESS WI WREN'. the parties hereto have duly executed this Amendment as of the day% month.
and year first above written.
COUNTY:
Alr : "r
Weld C
Ca
„ii.,trtiogo
Clerk to the Board
i•3QARD.OF CO:uNTY CM .iSr 1.ON RS.
W l p COUNTY, COLORADO
• � Fl `
S fY
B :
Deputy Cler ►o t:h 4 and
Mike Freeman, Chair
I'M 4
Town of Windsor
301 Walnut Street
[Windsor, CO 80550.1
0 9 2020
Shane Hale,own Manager
atw. #7>40
Date:
t scon
Elected Official or Department Head
Amendment to Intergovernmental Agreement for Conduct of Community Development
Block Grants Program
PPROVED AS T( STANCE:
APPROVED AS TO FUNDING:
pal
APPROVED AS TO FORM:
County Attorney
RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZE CHAIR TO
SIGN - TOWN OF WINDSOR
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 Windsor, 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 Windsor, 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 29th day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dathA .. lto;e1
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APP ED
County Attorney
Date of signature: 07/a'AO
Mike Feeman, Chair
Steve
oreno, Pro -Tern
James
Kevin D. Ross
Cc: F.I(Dia/so/Ds), f}CT(tc/cD),
[3occ(cF)
7110 /20
2020-1936
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
/g•�
Schedule
Work Session
Other/Comments:
2020-1936
FT c3 7
OFFICE OF BOARD OF COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
March 10, 2020
The Honorable Kristie Melendez
Mayor of Windsor
301 Walnut Street
Windsor, CO 80550
Dear Mayor Melendez,
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
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 day
of June.„ , 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 Windsor, whose address is 301 Walnut Street, Windsor, CO 80550, 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:
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-19-04, "Instructions for Urban County Qualification for Participation in the
Community Development Block Grant (CDBG) Program for Fiscal Years (FYs) 2020-2022;"
and
Page I of 9 Pages
aocgo-19.3& C�)
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, §§ 30-11-101 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:
I. 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 1St and end September 30`h
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
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
Page 2 of 9 Pages
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 ("PI")
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 4 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-110, 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.
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
Page 4 of 9 Pages
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, §
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.
Municipality shall retain all records pertaining to this Agreement for a period of ten (10)
Federal fiscal years following the termination of this Agreement.
Page 5 of 9 Pages
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
1, 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
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
Page 6 of 9 Pages
urgent community development needs that are a threat to public health and safety and
have become known or serious within the last eighteen (18) 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, et 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.
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
Page 7 of 9 Pages
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
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
Page 8 of 9 Pages
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.
I. 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:
Paul Rennemeyer
301 Walnut Street
Windsor, CO 80550
COUNTY:
Don Sandoval
Weld County
1150 "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:
ttal Eucker,
ATTEST:
WELD COUNTY Clerk to the Board
By:
(Deputy) CI ' k tot e Boar
Y3 TOWN OF WINDS COLORADO
By:
ennemeyer, Mayor
COUNTY I . ELD, STATE OF
COLORADO, by and through the BOARD
OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD
Mike Freeman, Chair
Page 9 of 9 Pages
JUN 2 9 2020
020020 -- /1'3 606)
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