HomeMy WebLinkAboutRES 11-45RESOLUTION NO.11-45
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SIGNING
OF A SERVICE AGREEMENT WITH PINAL COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF ARIZONA FOR REHABILITATION
SERVICES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM.
WHEREAS, the City of Apache Junction is desirous of
participating in the Neighborhood Stabilization Program
("NSP3"); and
WHEREAS, the City of Apache Junction is desirous of
providing rehabilitation services to Pinal County; and
WHEREAS, the City of Apache Junction is desirous of
providing rehabilitation services to eligible homeowners under
the NSP3 program to improve living standards; and
WHEREAS, the City of Apache Junction has the ability and
the resources to provide such services.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction as follows:
SECTION 1:
The Mayor is authorized to sign the Service Agreement and
authorizes the staff to take any and all actions necessary to
implement and complete the activities identified in Exhibit A of
the Service Agreement.
SECTION 2:
Pinal County will provide the City of Apache Junction
reimbursement for time spent on the NSP3 program in accordance
with Exhibit A of the Service Agreement.
SECTION 3:
The City of Apache Junction Housing Program Coordinator will
provide said services as outlined in Exhibit A of the Service
Agreement. Further, the City of Apache Junction recognizes the
total maximum investment of $25,000 per rehabilitated home,
shall not be exceeded.
RESOLUTION NO.11-45
PAGE 1 OF 2
SECTION 4:
The Housing Program Coordinator will work with Pinal County to
complete the assigned tasks in accordance to NSP3 requirements.
SECTION 5:
The City of Apache Junction will utilize the most current
adopted Pinal County Housing Rehabilitation Guidelines.
SECTION 6:
The City of Apache Junction is aware that any funds unexpended
by July 1, 2013 shall be forfeited.
SECTION 7:
The City of Apache Junction shall comply with all Federal NSP3
Program guidelines, federal statutes and regulations applicable
to the NSP3 Program.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS 20TH DAY OF SEPTEMBER 2011.
SIGNED AND ATTESTED TO THIS 20TH DAY OF SEPTEMBER 2011.
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO.11-45
PAGE 2 OF 2
Housing Rehabilitation/Housing Replacement Service Agreement
for the
Neighborhood Stabilization Project
This Agreement ("Agreement") is entered into by and between Pinal County, a Political
Subdivision of the State of Arizona (COUNTY) and the City of Apache Junction ("CITY")
for Rehabilitation Services for the Neighborhood Stabilization Program_CNSP3").
BACKGROUND
A.The parties to this Agreement wish to cooperate to provide Housing
Rehabilitation Services to homebuyers who qualify for NSP3 funds in Apache
Junction, Arizona.
B.The COUNTY and the CITY have the ability and resources to provide the
necessary housing rehabilitation services in selected areas of Apache
Junction under the provisions of NSP3 funds awarded to the COUNTY.
C.The parties agree that the sole purpose of this Agreement is to provide
Housing Rehabilitation Services to improve living standards in accordance
with NSP3 requirements
AGREEMENT
The parties agree as follows:
1.Assignments.The COUNTY will use NSP3 grant funds for the purpose of
conducting housing rehabilitation activities in selected areas of Pinal County.
2.County Responsibilities.The COUNTY shall have the following responsibilities:
2.1 The COUNTY will provide available funding, up to $25,000 or an increased
amount as availability of grant funding permits, to conduct housing
rehabilitation on homes which meet qualifications as set forth in the NSP3
provisions.. All funds must be expended by July 1, 2013. In no event shall the
COUNTY's liability, however, exceed the maximum amount of grant funds
available, and no rehabilitation project shall receive funding in excess of the
limits prescribed by federal law, rule or regulation.
2.2 The COUNTY agrees to identify, in consultation with CITY staff, those_
- tasks to be performed fOr each individual housing unit to be
rehabilitated. These tasks include, but may not be limited to the tasks
outlined in Exhibit A of this Agreement. The COUNTY agrees to pay
CITY staff for any tasks performed by CITY staff at the rates outlined in
Exhibit A.
2.3 COUNTY rehabilitation guidelines will be followed with respect to the
homes that receive housing rehabilitation under NSP3. All homeowners
will be required to record a deed of trust and promissory note with the
Pinal County Recorder's Office as required by these guidelines.
2.4 The COUNTY will be responsible for determining program eligibility and
property eligibility for the program.
3.City Responsibilities.The CITY will have the following responsibilities:
3.1 The CITY will be responsible for tasks outlined in Exhibit A of this
Agreement, and will receive compensation from the COUNTY for
performing such tasks.
4.Mutual Responsibilities.The parties share the following mutual responsibilities:
4.1 The assigned personnel of the CITY and the COUNTY will confer at such
times as may be mutually agreed upon to evaluate the Project.
4.2 The personnel of the CITY and the COUNTY assigned to the NSP3
project shall cooperate in providing accurate assessments of the NSP3
project to ensure successful completion.
5.Discontinuance of Project.
5.1 The COUNTY shall notify the CITY as soon as possible in the event that
NSP3 funding is no longer available at which time the COUNTY'S
financial obligation pursuant to this Agreement shall terminate.
6.Insurance.During this Agreement both parties shall maintain the insurance
policies specified below:
6.1 The policies shall be issued by companies licensed in Arizona with a
current A.M. Best rating of A -VII or better.
6.2 Each party's insurance must be primary, and any insurance or self-
insurance maintained by the other party shall not contribute to it. The
following coverage is required:
6.2.1 Commercial General Liability insurance with a limit of not less
than $1,000,000.00 per occurrence for bodily injury, property
damage, personal injury, products and completed operations, and
blanket contractual coverage, including but not limited to, the
liability assumed under the indemnification provisions of the
Agreement.
6.2.2 Workers' Compensation insurance with limits statutorily required
by and Federal or state law and Employer's Liability insurance of
not less than $500,000 for each accident, $500,000 disease for
each employee, and $500,000 disease policy limit; and
7.Indemnification. To the fullest extent permitted by law, each party shall defend,
indemnify, and hold harmless the other its agents, officers, officials, employees,
and volunteers from and against all claims, damages, losses, and expenses
(including but not limited to attorney fees and court costs) arising from the acts,
errors, mistakes, omissions, work or service of the indemnifying party, its agents,
employees, or any tier of that party's subcontractors in the performance of this
Agreement. The insurance requirements of this Agreement will not be construed
as limiting the scope of this indemnification.
8.Notices. All notices required under this Agreement shall be sufficient if sent by
electronic mail, facsimile, or U.S. Mail as follows:
For COUNTY:
For CITY:
Ernest Feliz, Grant Coordinator
Pinal County
970 N. Eleven Mile Corner Rd.
Casa Grande, AZ 85194
520.866.7221 (phone)
520.866.7235 (fax)
ernie.felizapinalcountvaz.00v (e-mail)
Heather Patel
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85119
480 474-2635 (phone)
480 982-7010 (fax)
hpatelAaicitv.net
9.Non -Discrimination. Both parties shall comply with all federal, state, and local
laws, rules, and regulations, and executive orders concerning non-discrimination
in employment, education, and services on the basis of sex, race, disability,
religion, national origin, or veteran's status.
10.Independent Contractor. CITY administration and staff are not officers, agents,
or employees of the COUNTY.
11.Effective Date. The effective date of this Agreement is the date on which the
Agreement was duly executed. Either party may terminate this Agreement with
written notice to the other party at least ninety days in advance.
CITY:COUNTY:
City of Apache Junction Pinal County Housing & Community
Development
By:
John S. lnsalaco, Mayor Pete Rios, Chairman
Date:
ATTEST:
q/4 /1 Date:
Kathleen Connelly, City Clerk d Sherif Cluff, Clerk of the Board of
Supervisors
Date Date
APPROVED AS TO FORM:
Richard J. Stern, City Attorney Joe Albo, Deputy County Attorney
Date Date