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HomeMy WebLinkAboutResolution 99-001 IGA for joint housing program "~, RESOLUTION NO. 99-01 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF lVIARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO A1~ INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF PIlVIA CREATING A JOINT HOUSING PROGRAM UTILIZING FUNDS FROM THE DEP ARTMENT OF HOUSING AND URBAN DEVELOPlVIENT. 'VHEREAS, Pima County and the Town of Marana desire to engage in housing and community development activities to provide low income housing with funds from the Department of Housing and Urban Development; and 'VHEREAS, Pima County and the Town of Marana are public agencies under the provisions of Sections 11-951 et seq. of the Arizona Revised Statutes, and each is authorized by law to enter into joint agreements and Pima County and the Town of Marana are individually authorized by law to engage in housing and community development agreements; and 'VHEREAS, Pima County and the Town of Marana do hereby find and determine that it is to the best interests of the residents of the unincorporated areas of Pima County and the Town of Marana that housing and community development activities be preformed jointly; and 'VHEREAS, Pima County and the Town of Marana desire to provide integrated construction-skills training and education for at-risk youth; and 'VHEREAS, the Town of Marana previously authorized the formation of a HOME Investment Partnership Program in conjunction with Pima County on May 23, 1995, by Resolution No. 95-30; and NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Mayor is authorized to execute the Intergovernmental Agreement with Pima County for the purpose of creating a joint housing program and to provide for the administration of funding for such program from the Pima County HOME Program and Town of Marana General Funds. ,.--, PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of January 1999. (Jl~ ~~~ Mayor Ora Harn Daniel J. Hochuli T own Attorney ,,- ,,- -~ INTERGOVERNMENTAL AGREEMENT CREATING A JOINT HOUSING PROGRAM This Intergovernmental Agreement, entered into by and between the County of Pima, a body politic acting in its capacity as an Urban County, hereinafter called "County", and the Town of Marana, a municipal corporation, hereinafter called "Marana". WITNESSETH: WHEREAS, pursuant to the provision of Title 36, Chapter 12, Article 1, Arizona Revised Statutes, 1956, as amended, County is authorized to engage in or assist in the development or operation of housing for low income families; and WHEREAS, County has received funding as a subrecipient from the Department of Housing and Urban Development's HOME Program to carry out assisted housing programs for lower income households; and WHEREAS, pursuant to Arizona Revised Statutes, 9-240-B29, Marana is authorized to engage in or assist in the development or operation of housing for low income families; and WHEREAS, Pima County and the Town of Marana desire to provide integrated construction-skills training and education for at-risk youth; and WHEREAS, Pima County has an intergovernmental agreement with the Marana School District and an agreement with the Arizona Carpenters Union to provide construction training for youths enrolled in an alternative education program through the "Construction Works!" project. NOW, THEREFORE, in consideration of the matters and things hereinafter set forth, the County and Marana hereby agree as follows: I. PURPOSE '- The purpose of this Agreement is to set forth the obligations of Pima County and Marana concerning the use of funds from the federal HOME Program. II. OBLIGATIONS OF COUNTY As a subrecipient of the HOME program, County, acting through its Community Services Department, will provide Marana with $138,748 in accordance with the Program Budget (Attachment A) for the construction of two single-family homes in Marana. County will act as the representative of Maran a in its dealings with the Department of Housing and Urban Development on all issues relative to these grant funds and will assume overall responsibility for ensuring that these funds are expended in compliance with rules, regulations and requirements HOME program. The Pima County Community Services Department has executed agreements to provide a construction-training program for 14 at-risk youth in Marana with the Arizona Carpenters Union and the Marana School District (The agreements are incorporated by reference.). Youth trainees will perform construction activities including framing, finish work, and cabinet installation. County will be responsible for on-site supervision and training of youth and coordination with construction manager, youth payroll, insurance, and monitoring to ensure compliance with State, federal, OSHA and child labor laws. County will provide for case-management, participant tracking, counseling and training costs, including tools and supplies for trainees, from non-HOME sources. III. OBLIGATIONS OF MARANA Marana will provide two suitable building lots and will cause two single-family housing units to be constructed, using plans provided by Marana. Marana will ensure that both units meet Model Energy Code and all applicable Construction and Housing Standards. Marana will prepare the site and contract with a licensed builder to provide construction management services. Construction management will include coordination of supplies to site and construction of systems not supplied by Pima County (roofing, plumbing, electrical, and mechanical). In conducting its outreach program to locate qualified and eligible buyers, Marana will comply with Fair Housing Laws including display of the "Equal Housing Logo" on all information and literature distributed by Marana for this project. Marana will select applicants and reconvey the property to them so that the PITI will be no lower than 20% and no higher that 30% of the homebuyers' monthly gross income. Marana must return funds received from the sale ofthe properties to the County. Marana will meet the 25% matching requirement of the HOME program by contributing cash and labor necessary for site preparation and landscaping needed to complete the project; waiver of building permits and other fees; project related administration and cash necessary to complete the project. Marana will provide records to indicate the value of said match. Marana will provide necessary administration for the project and submit monthly progress reports to the County until completion of the project. Reports will include detailed project information, so that the County can make necessary reports to the HUD. Marana will conduct this project in concurrence with the federal HOME regulations referenced herein as if they were part of this document. IV. PROCUREMENT OF GOODS AND SERVICES Marana agrees it will be solely responsible for obtaining all goods and services necessary for the operation of this housing construction project. Marana is not the agent of County for any purpose and shall not purchase any materials, equipment or supplies on the credit of the County. V. INDEMNITY Marana shall indemnify, defend and hold hannless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which are attributed to any act or omission of Maran a, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Agreement. VI. TERM OF THE AGREEMENT The duration of this Agreement will be two years beginning with execution of this Agreement. Any funds remaining unspent at the time County fulfills all HOME requirements will be returned to County. VII TERMINATION Either party to this Agreement may terminate the Agreement and such additional supplemental Agreements hereinafter executed in whole or in part, with or without cause, by giving thirty (30) days written notice which shall commence on the date of mailing by certified mail, or personal delivery. However, if the HOME grant under which this Agreement is made, is terminated or the amount of the grants reduced, the Director of the Pima County Community Services Department, shall thereupon have the right to terminate or reduce the contract dollar amount of this Agreement by giving Marana written notice of such termination and specifying the date thereof at least fifteen (15) days before the effective date of such termination. In either event all finished or unfinished documents and other materials shall, at the option of the County, become its property. In no event shall County be obligated for any payments to Marana in excess of grant funds available. Marana shall comply with "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" 24 CPR Part 85, "Enforcement" Section 85.43 and "Termination for Convenience" Section 85.44. THIS SPACE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers. PWA ~OUNTY p;: ~.~ - Chairman, Board of Supervisors JAN 1 2 1999 TOWN OF MARANA May~ Ylf:o_~ ATTEST: '- /'.~ .' A'#t' ~~/J4J Oerk of the Board APPROVED AS TO FORM: ~c Deputy 0 nty Attorney _ OVEDASTO~ ~z::; REVIEWED BY: /}K or, Community Services Department 188~tj8 ATTACHMENT "A" PROGRAM BUDGET Construction of 2 SINGLE FAMILY HOUSES: (Including materials, supplies, subcontracts) Construction Management Contingencies TOTAL $118,748 $10,000 $10,000 $138,748 ATTORNEY CERTIFICATIONS The foregoing intergovernmental agreement between Pima County and the Town of Marana setting forth obligations of both parties under the HOME Program has been reviewed on /~/~ I~ j _ pursuant to A.R.S. 11-952 by the undersigned Assistant County Attorney, who has detenhmed that it is proper form and is within the powers and authority granted under the laws of the State of Arizona to Pima County. ~~, The foregoing intergovernmental agreement between Pima County and the Town of Marana setting forth obligations of both parties under HOME Programs has been reviewed on _pursuant to A.R.S. 11-952 by the undersigned Town Attorney, who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Town of Mar ana. " Town Attorney IFf) ..fiB