CITY OF BULLHEAD CITY,.* COUNCIL COMMUNICATION MEETING DATE: May 19, 2015 SUBJECT: DEPT OF ORIGIN: DATE SUBMITTED: May 7, 2015 SUBMITTED BY: IGA for County Administration of Federally Funded Housing Assistance Programs Human Services and Transit Department Susan Betts, Human Services and Transit Director SUMMARY: This is a request for City Council to approve an Intergovernmental Agreement (IGA) between the City and Mohave County for the purpose of continuing County administration of federally funded housing assistance programs in Bullhead City. The Mohave County Housing Authority administers a number of housing assistance programs that receive funding from the U.S. Department of Housing and Urban Development (HUD), including the Section 8 Housing Choice Voucher Program, Veterans Supportive Housing, Continuum of Care Program, and the Housing for Persons with HIV/AIDS Program for residents in Bullhead City, Kingman, Lake Havasu City, and unincorporated areas of Mohave County. These programs are designed to help low-income families with rental assistance, utility assistance, and utility and security deposits. In 1998 through an IGA, the City of Bullhead City transferred the responsibility for administering the Section 8 Housing Choice Voucher Program to the County. People who receive Section 8 vouchers choose their own rental housing and use the vouchers they receive from the Housing Authority to help pay the rent or other allowed costs. The Section 8 rental assistance program is the largest rental subsidy program administered by Mohave County Housing Authority. Any landlord that will accept vouchers and qualify for the Program may be contracted. Every home that participates in the Section 8 Program is inspected by a certified HUD Quality Standards inspector. The attached IGA renews the agreement for the County to administer the various housing assistance programs and continues Bullhead City's commitment to help defray the costs of administering the rental assistance programs by paying the County $3,500 annually for the next two fiscal years. The City also agrees to continue to provide the HUD certified inspections for Section 8 housing units that are located within the City limits. FISCAL IMP ACT: $3,500 annually in FY2015-16 and FY 2016-17 with funds budgeted in GL #101.619.3601.3890. ATTACHMENTS: 1. Intergovernmental Agreement between Bullhead City and Mohave County 2. Resolution No. 2015R-..o25.._
CITY OF BULLHEAD CITY COUNCIL COMMUNICATION MEETING DATE: May 19,2015 SUBJECT: IGA for County Administration of Federally Funded Housing Assistance Programs DEPT OF ORIGIN: Human Services and Transit Department DATE SUBMITTED: May 7, 2015 SUBMITTED BY: Susan Betts, Human Services and Transit Director LEGAL REVIEW: RECOMMENDATION: Move to adopt Resolution No. 2015R-<X.s:' approving the attached INTERGOVERNMENTAL AGREEMENT BETWEEN BULLHEAD CITY AND MORAVE COUNTY for the purpose of continuing Mohave County administration of the housing assistance programs within Bullhead City in the amount of $3,500 annually through June 30, 2017. APPROVED FOR SUBMITTAL BY: CITY CLERK'S USE ONLY COUNCIL ACTION TAKEN Resolution No. Ordinance No. Approved Other Continued To: Referred To: Denied File No.
INTERGOVERNMENTAL AGREEMENT BETWEEN BULLHEAD CITY AND MOHAVE COUNTY This Intergovernmental Agreement (the "Agreement") is made between BULLHEAD CITY, a municipal corporation of the State of Arizona, hereinafter called "CITY," and MOHAVE COUNTY, ARIZONA, a body politic and corporate and political subdivision of the State of Arizona, hereinafter called "COUNTY." RECITALS: WHEREAS, COUNTY, through the Mohave County Housing Authority ("MCHA"), administers a number of housing assistance programs that receive funding from the U.S. Department of Housing and Urban Development (HUD), including the Section 8 Housing Choice Voucher Program, Veterans Supportive Housing, Continuum of Care Program, and the Housing for Persons with HIV/AIDS Program for residents of Bullhead City, City of Kingman, Lake Havasu City and the unincorporated areas of Mohave County, and WHEREAS, these programs are designed to help low-income families within the MCHA service area with rental assistance, utility assistance, and utility and security deposits, and WHEREAS, under these programs COUNTY works with landlords to use existing rental housing stock which reduces the vacancy factor within Bullhead City, City of Kingman and Lake Havasu City, and WHEREAS, on October 1, 1998, CITY transferred the rental assistance programs previously administered by the Bullhead City Housing Authority to COUNTY through an Intergovernmental Agreement to be administered by MCHA, and WHEREAS, CITY, by and through its City Council, has determined that the operations of MCHA serves the public welfare and benefit the community as a whole and to that end have authorized its Mayor to execute this Agreement, and WHEREAS, COUNTY and CITY each has the authority to enter into intergovernmental agreements such as this one with other governing bodies of public agencies, pursuant to A.R.S. Sections 11-951, et seq. NOW, THEREFORE, LET ALL MEN BY THESE PRESENTS KNOW that the parties hereto, in consideration of the foregoing recitals and the mutual covenants, agreements, promises and obligations set forth herein below, agree as follows:
Page 2 AGREEMENTS: I. TERMS A. During Fiscal Years 2015-16 and 2016-17 CITY shall provide funding in the amount of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) (the "CITY Funds") to COUNTY to be used by COUNTY to help defray the costs of administering the rental assistance programs. B. CITY shall disburse to COUNTY the CITY Funds provided for hereunder prior to the end of the respective Fiscal Years (June 30). C. COUNTY shall use the CITY Funds to help defray the costs of administering the rental assistance programs, and COUNTY shall refund to CITY any amounts not spent by COUNTY in accordance with the terms and conditions of this Agreement, within thirty (30) days after COUNTY is notified by CITY of such refund requirement. D. CITY shall continue to perform Housing Quality Inspections for all assisted units located within the CITY limits. II. REPORTING REQUIREMENTS Within the limits permitted by law, CITY and COUNTY agree to prepare and retain, and permit the other party to inspect, all records that the other party reasonably deems necessary for the purposes of carrying out the provisions of this Agreement. Both parties agree further that the other party may carry out monitoring and evaluation activities as are reasonably necessary and permitted by law and that each party will effectively ensure the cooperation of its employees, officials, and officers in such efforts. Ill. DURATION This Agreement shall become effective July 1, 2015, upon approval by the COUNTY Board of Supervisors and the CITY Council and execution of this Agreement by the parties' authorized representatives, and shall continue through June 30, 2017. IV. CONTRACTOR'S STATUS This Agreement does not create an employee/employer relationship between the parties, and both CITY and COUNTY shall be considered independent contractors under this Agreement, and neither party shall be deemed to be an employee of the other party to this Agreement. Moreover, this Agreement shall not be construed as creating any joint employment relationship between CITY and COUNTY.
Page 3 V. NO THIRD PARTY BENEFICIARIES; INDEMNITY A. Nothing in this Agreement shall be construed to give any person other than CITY and COUNTY any legal or equitable right, remedy or claim under this Agreement, and this Agreement shall be held to be for the sole and exclusive benefit of CITY and COUNTY. B. Each party agrees to be responsible for the conduct of its operations and performance of its obligations under this Agreement and for any and all liabilities resulting from or arising out of or in connection with its failure to perform its obligations under this Agreement. Each party agrees to indemnify, hold harmless and defend the other party and its elected officials, officers, agents, and employees from and against any and all actions, causes of action, suits, claims, judgments, settlements, liabilities, damages, penalties, losses, costs, and/or expenses, including, without limitation, court costs, attorneys' fees, and compensatory damages, resulting from the indemnifying party's failure to perform its obligations under this Agreement. VI. NON-DISCRIMINATION A. All programs and services maintained and/or provided by COUNTY under this Agreement shall be open to all residents of the CITY who are otherwise eligible, without regard to race, color, religion, sex, or national origin. Both COUNTY and CITY shall in all respects comply with the Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101, et seq), as the same may be amended from time to time (as amended, the "ADN'), in the performance of their respective obligations under this Agreement. COUNTY agrees to indemnify and save CITY, its officers and employees harmless against and from any and all claims, loss, damage and expense by or on behalf of any person(s), firm(s), corporation(s), arising from any failure or alleged failure of COUNTY to comply with the ADA or arising from any claim made under the ADA in connection with the premises or services provided, and from and against all costs, reasonable attorney's fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; in case any action or proceeding be brought against CITY by reason of any such claim, COUNTY, upon notice from CITY, covenants to resist or defend such action or proceeding by counsel reasonably satisfactory to CITY. B. Moreover, both parties agree to comply with all applicable state and federal laws and requirements governing equal employment opportunity and nondiscrimination. VII. NON-APPROPRIATION OF FUNDS The parties recognize that the CITY Funds to be distributed pursuant to this Agreement are tax funds. In the event that the CITY's projected income is not attained,
Page 4 there is a possibility that some or all of the CITY Funds set forth herein will not be available. In the event income falls short of the projected income, CITY may, in its sole discretion, reduce or delete some of the CITY Funds set forth in this Agreement, provided that such funding has not yet been dispersed to COUNTY. CITY will give as much notice as possible if the amount of the CITY Funds must be reduced. Should CITY be unable to provide some or all of the CITY Funds set forth in this Agreement, following notice of same to COUNTY by CITY, the parties agree this Agreement automatically will be amended or cancelled to reflect said change without further action and without penalty to either party. VIII. TERMINATION CLAUSE This Agreement may be terminated by either party by giving ninety (90) days written notice to the other party of its intention to terminate this Agreement. Upon termination, the installment payment for that period shall be calculated on a pro-rata basis to the date of actual termination. IX. ENTIRE AGREEMENT; MODIFICATIONS This writing represents the entire agreement of the parties hereto and supersedes any and all prior understandings, whether oral or written, touching on the subject matter hereof, and any amendment or modification hereof shall be effective only if in writing and signed by both parties. X. GOVERNING LAW; VENUE This Agreement shall be construed, enforced, and governed by the laws of the State of Arizona and shall incorporate by reference all laws governing intergovernmental agreements and mandatory contract provisions for governmental entities required by statute and executive order. Any lawsuit or other action to enforce or construe this Agreement or to declare the rights of the parties hereunder shall be commenced and maintained in a state court in Mohave County, Arizona. XI. CONFLICTS OF INTEREST This Agreement is subject to cancellation pursuant to A.R.S. Section 38-511, the provisions of which are incorporated herein and made part hereof. XII. CONSTRUCTION; SECTION HEADINGS Whenever the context of this Agreement requires, the singular shall include the plural, and the masculine, neutral or feminine shall include each of the other. This Agreement is the result of negotiations between the parties and shall not be construed for or against any party as a consequence of its role or the role of its counsel in the preparation or drafting of this Agreement. The section headings contained in this
Page 5 Agreement are for convenience or reference only and are not intended to define or limit the scope of any provision of this Agreement. XIII. NOTICES All notices, demands, payments, and correspondence required or permitted to be given under this Agreement shall be given in writing and personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by recognized overnight delivery service, or by regular United States mail to the persons and addresses specified below, or to such other persons and/or addresses as either party may designate to the other party by written notice: For COUNTY: For CITY: Community Services Director Mohave County P.O. Box 7000 Kingman, Arizona 86402-7000 Finance Director City of Bullhead City 2355 Trane Road Bullhead City, Arizona 86442-5733 with a copy to: City Attorney City of Bullhead City 2355 Trane Road Bullhead City, Arizona 86442 XW. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed a duplicate original and all of which when taken together shall constitute one and the same document. Counterparts are effective and binding when this Agreement has been executed by all of the parties. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth opposite their signatures below. BULLHEAD CITY, a municipal corporation of the State of Arizona By: Tom Brady, Mayor Date APPROVED AS TO FORM AND AUTHORITY TO ENTER AGREEMENT: ATTEST: Garnet K. Emery, City Attorney Susan Stein Clerk of the City Council MOHAVE COUNTY, a body politic and corporate and political subdivision of the State of Arizona By: Steven C. Moss, Chairperson of the Mohave County Board of Supervisors Date APPROVED AS TO FORM AND AUTHORITY TO ENTER AGREEMENT: ATTEST: William J. Ekstrom Deputy Mohave County Attorney Ginny Anderson Clerk of the Board
RESOLUTION NO. 2015R- Ol5' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BULLHEAD CITY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF BULLHEAD CITY AND MOHAVE COUNTY FOR THE PURPOSE OF CONTINUING COUNTY ADMINISTRATION OF FEDERALLY FUNDED HOUSING ASSISTANCE PROGRAMS FOR COUNTY RESIDENTS IN BULLHEAD CITY AND AUTHORIZING THE MAYOR TO ENTER INTO AND EXECUTE THE AGREEMENT. WHEREAS, Mohave County ("County"), through the Mohave County Housing Authority ("MCHA") administers a number of housing assistance programs that receive funding from the U.S. Department of Housing and Urban Development (HUD), including the Section 8 Housing Choice Voucher Program, Veterans Supportive Housing, Continuum of Care Program, and the Housing for Persons with HIV/AIDS Program for residents of Bullhead City, Kingman, Lake Havasu City, and the unincorporated areas of Mohave County, and WHEREAS, these programs are designed to help low-income families within the MCHA service area with rental assistance, utility assistance, and utility and security deposits, and WHEREAS, under these programs the County works with landlords to use existing rental housing stock which reduces the vacancy factor within Bullhead City, Kingman, and Lake Havasu City, and WHEREAS, on October 1, 1998, the City of Bullhead City ("City") transferred the rental assistance program previously administered by the Bullhead City Housing Authority to the County through an Intergovernmental Agreement to be administered by MCHA, and WHEREAS, the City, by and through its City Council, has determined that the operations of MCHA serves the public welfare and benefits the community as a whole, and WHEREAS, the County and the City each has the authority to enter into intergovernmental agreements with other governing bodies of public agencies, pursuant to A.R.S. Section 11-951, et seq. NOW, THEREFORE, BE IT RESOLVED THAT, the Mayor and members of the Bullhead City Council hereby approve the INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF BULLHEAD CITY AND MOHAVE COUNTY,_all as attached and incorporated herein, for the administration of various housing assistance HUD funded programs, and hereby authorize the Mayor to enter into and execute the Agreement on behalf of the City. PASSED AND ADOPTED by the Mayor and City Council ofthe City of Bullhead City, Arizona, this 19th day of May 20 15. Tom Brady, Mayor ATTEST: (SEAL) Susan Stein, City Clerk APPROVED AS TO FORM: Garnet K. Emery, City Attorney