Loading...
HomeMy WebLinkAboutResolution-2001-0008 RESOLUTION NO. 08-2001 Series of 2001 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE HOUSING AUTHORITY AND THE JEFFERSON COUNTY HOUSING AUTHORITY RELATING TO THE PROVISION OF AFFORDABLE HOUSING WITHIN THE CITY OF WHEAT RIDGE WHEREAS, the parties referenced in the title of this resolution wish to enter Into a Cooperation Agreement, described more fully and set forth in the Intergovernmental Cooperation Agreement Between the City of Wheat Ridge Housing Authority and the Jefferson County Housing Authority Relating to the Provision of Affordable Housing Within the City of Wheat Ridge attached hereto and made a part hereof, and WHEREAS, the parties to the Intergovernmental Cooperation Agreement Between the City of Wheat Ridge Housing Authority and the Jefferson County Housing Authority Relating to the Provision of Affordable Housing Within the City of Wheat Ridge have determined that it is in the best interest of and will promote the health, safety, and welfare of the citizens of the City of Wheat Ridge to execute this Agreement; and WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge requires that all Intergovernmental agreements entered into by the City be approved by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1 . That certain Intergovernmental Cooperation Agreement Between the City of Wheat Ridge Housing Authority and the Jefferson County Housing Authority Relating to the Provision of Affordable Housing Within the City of Wheat Ridge, Colorado, attached hereto and made a part hereof, is hereby approved. 2. City Clerk, Agreement The Jerry DiTullio as Chair of the Wheat Ridge Housing Authority, the and the City Attorney are authorized to execute said Cooperation DONE AND RESOLVED this l......day of A--.f;Jr\ \ ,2001. ~ ;:1 (. .. f , / i) 'J 1 \ ~'l< ,(1'.< / { '. \ -i...!L.I.." A. Lu,', cf~ TCHEN CERVENY, MAYOf\ '\ ATTEST: INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE HOUSING AUTHORITY AND THE JEFFERSON COUNTY HOUSING AUTHORITY RELATING TO THE PROVISION OF AFFORDABLE HOUSING WITHIN THE CITY OF WHEAT RIDGE. THIS AGREEMENT, made and entered into this 9th day of April 2001, by the Jefferson County Housing Authority, a body corporate and politic, hereinafter referred to as the "JCHA" and the City of Wheat Ridge Housing Authority, a body corporate and politic, hereinafter referred to as the "WRHA" (hereinafter together referred to as the" Authorities"). RECIT ALS WHEREAS, governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the contracting or cooperating units, including the sharing of costs, the imposition of taxes or the incurring of debts pursuant to C R S. 9 29-1-201, et seq ; and WHEREAS, 29-4-201, et seq, C.R.S. (the "Colorado Housing Authorities Law") authorizes Colorado cities to create local housing authorities to facilitate the provision of affordable housing within the city limits and the WRHA was created pursuant to this authority by Resolution 01-2001, Series 2001, of the Wheat Ridge City Council; and WHEREAS, the WRHA and the JCHA recognize that it would benefit both Authorities to cooperate in the performance of those powers granted to the WRHA by the Colorado Housing Authorities Law and that such cooperation would be the best means by which to promote affordable housing within the City of Wheat Ridge. NOW, THEREFORE, in consideration of the covenants herein provided, it IS agreed by and between the Authorities as follows: ARTICLE I. JCHA OBLIGATIONS The JCHA hereby recognizes and affirms its obligations under this Agreement to: 1 . Provide labor and expertise to the WRHA in the area of housing authority operation and administration within reasonable limits and to the extent such labor and expertise can be coordinated with JCHA's operation and administration. GED\53027\373414 03 2. Provide to the WRHA and perform a list of specific services to be rendered pursuant to this Agreement, which list shall include, but not be limited to the following: A Manage the acquisition of properties on behalf of the WRHA to be used for affordable housing, in cooperation with any designated real estate broker of the WRHA. B Obtain all services and requirements necessary for closing when purchasing property, such as surveys and appraisals. C. Design and contract for the repair and/or refurbishment of properties acquired by the WRHA. D. Prepare the refurbished properties for market, including meeting all necessary private and public obligations, such as HOA agreements, covenants, party wall agreements, and local zoning and building permit requirements. E. Assist the WRHA in the pricing and sale of refurbished property, including assistance in locating qualified buyers. F. Assist the WRHA in developing guidelines for the designation of low and moderate income buyers within the City of Wheat Ridge. 3. Submit requests for approval of expenditures of funds needed to carry out its duties under this Agreement to the WRHA. The JCHA hereby recognizes that WRHA approval, whether prior or subsequent to the expenditure, is an absolute condition precedent to the release of WRHA funds. The JCHA further recognizes that financial obligations incurred without prior WRHA approval are undertaken at the sole risk of the JCHA. 4. Assist the WRHA in obtaining federal and state grants. 5. Direct the WRHA Home Ownership Program. 6. Other responsibilities as mutually agreed by the Authorities. 7. Abide by all applicable laws, regulations, and administrative rulings of the United States, the State of Colorado and the applicable ordinances of the jurisdiction of the WRHA that pertain to the provision of affordable housing within the City of Wheat Ridge. ARTICLE II. WRHA OBlIGA TrONS GED\53027\373414 03 2 The WRHA hereby recognizes and affirms its obligations under this Agreement to: 1 . Pay the JCHA for services rendered pursuant to this Agreement, under such terms as the Authorities may establish In writing from time to time. 2 Review any proposed expenditure of funds by the JCHA in connection with the performance of its obligations under this Agreement and render a decision regarding such proposal as soon as practicable. 3. If deemed appropriate by WRHA and at the WRHA's sole expense, designate a real estate broker to work with the JCHA in the acquisition and disposition of properties pursuant to this Agreement. 4 Other responsibilities as mutually agreed by the Authorities 5. Abide by all applicable laws, regulations, and administrative rulings of the United States, the State of Colorado and the applicable ordinances of the jurisdiction of the WRHA that pertain to the provision of affordable housing within the City of Wheat Ridge. ARTICLE III. MUTUAL OBLIGATIONS 1 . Each Authority shall report relevant information on those properties owned by the WRHA under this Agreement to the other Authority upon request. In addition, each Authority, upon written request, shall transmit to the other Authority copies of resolutions pertinent to this Agreement and an annual report. JCHA will provide quarterly reports to WRHA on the number and addresses of properties sold to low income households pursuant to this Agreement. 2. The JCHA and the WRHA agree to diligently cooperate and take appropriate action to satisfactorily resolve client and/or neighborhood impacts, complaints, or related issues that the City of Wheat Ridge or Jefferson County identify and request assistance upon within the capabilities retained by the housing authority involved to remedy those identified issues. 3. In connection with performing any work or activities authorized by this Agreement, both Authorities agree not to discriminate in matters of hiring, discharging, promoting, demoting, or compensation, against any person because of race, creed, sex, color, nationality, religion or disability . GED\53027\37341403 3 4 The JCHA agrees, to the fullest extent permitted by law, to indemnify and hold the WRHA harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the JCHA's negligent acts, errors or omissions in the performance of JCHA services under this Agreement and those of its subconsultants or anyone for whom the JCHA is legally liable. The WRHA agrees, to the fullest extent permitted by law, to indemnify and hold the JCHA harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the WRHA's negligent acts, errors or omissions in the performance of this Agreement and those of its subconsultants or anyone for whom the WRHA is legally liable. JCHA and WRHA agree to cooperate in the defense of any such claim. The Parties agree that the obligations set forth in this Section shall survive expiration or termination of this Agreement for any reason. Neither party waives any immunity or defense under the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S. ARTICLE IV. MISCELLANEOUS 1. The term for this Agreement shall be an initial period of two (2) years and shall be automatically renewed for an additional two (2) year term unless either the WRHA or JCHA gives notice to the other of election not to renew the Agreement at least sixty (60) days before the end of the initial term or any subsequent terms. 2. This Agreement can be terminated at any time by either Authority by providing written notice of termination to the other Authority at least sixty (60) days before the proposed termination date. 3. Each Authority understands and agrees that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation and therefore notwithstanding anything in this Agreement to the contrary, any and all payment obligations of either Authority under this Agreement are expressly dependent and conditioned upon the continuing availability of funds beyond the term of each respective Authority's current fiscal period. Financial obligations payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Authority and other applicable law. Upon the failure to appropriate such funds by either Authority, this Agreement shall be terminated. 4. If, for any reason, this Agreement is not renewed or otherwise terminated, any contracts entered into by one Authority pursuant to GED\53027\37341403 4 this Agreement within the jUrisdiction of the other Authority will remain in effect for the duration of the said contracts. 5. The terms and provisions of this intergovernmental cooperation agreement apply only to the provision of low income housing within the City of Wheat Ridge as authorized by the Colorado Housing Authorities Law and to no other programs or projects of either the JCHA or WRHA. IN WITNESS WHEREOF, the Authorities have hereunto set their hands and seals on the day and year first above written. (SEAL) ATTEST. JEFFERSON COUNTY HOUSING AUTHORITY Chairperson (SEAL) ATTEST. GED\53027\37341403 5