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HomeMy WebLinkAboutResolution 2001-052 IGA to engage in housing and community development through CDBG MARANA RESOLUTION NO. 2001-52. A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA TO ENGAGE IN HOUS1NG AND COMMUNITY DEVELOPMENT ACTIVITIES THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS. WHEREAS, County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S.§ 11-951, et.seq.; and WHEREAS, it is necessary to enter into an Intergovernmental Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town desire to engage in housing and community development activities as authorized under the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town do hereby find and determine that it is in the best interest of the residents of the unincorporated areas of the County and of the Town of Marana that housing and community development activities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and urban Development (HUD) recommends that expenditures of funds for each purpose be on an Urban County basis; and WHEREAS, it is mutually beneficial to each of the parties hereto for the County to administer and execute the provisions of the Agreement in accordance with the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona as follows: 1. The attached Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for CDBG and HOME Program purposes is hereby approved; and 2. The Mayor of the Town of Marana is hereby instructed and authorized to sign the Intergovernmental Cooperative Agreement for the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 22~d day of May, 2001. ATTEST: ~ryr~ Y' SUTTON, JR. APPROVED AS TO FORM: L~,,,~ *""~aniel J. Hochuli '~'~~.~ As Town Attorney and not personally ~i~ Intergovernmental Cooperative Agreement _:. between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program This Intergovernmental Cooperative Agreement made and entered into this 1st day of July 2001, by and between the County of Pima, a body politic and corporate of the State of Adzona, hereinafter referred to as "County," and the Town of Marana, a municipal corporation of the State of Adzona, located within the boundaries of the County of Pima, hereinafter referred to as "Town." RECITALS A. WHEREAS County and Town may contract for sewices and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. WHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments. C. WHEREAs County and Town are individually authorized by law to engage in housing and community development activities. D. WHEREAS County and Town do hereby find and determine that it is in the best interest of the residents of the unincorporated areas of the County and the Town that housing and community development activities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and Urban Development recommends that expenditures of funds for such purpose be on an Urban County basis. E. WHEREAS it is mutually beneficial to each of the parties hereto for County to administer and execute the provisions of this Agreement and the provisions of the Agreement for Management and Implementation of the CDBG Program and HOME Program Agreements entered into by the parties, which Agreements are hereby incorporated by reference as if fully set forth herein, in accordance with the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law. NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agrees as follows: 1. Pima County, as an Urban County, is hereby designated as the sponsoring agency to administer and implement the plan and program for housing and community development activities for each of the participating parties to this Agreement in accordance with the provisions of the Housing and Community Development Act of 1974 and subsequent amendments, the laws of the State of Adzona, and the terms and conditions provided herein. In this respect, the Town agrees that the County is hereby delegated the power to plan and undertake community development projects within its jurisdiction and will have the final responsibility for selecting all CDBG and HOME projects in accordance with the approved Community Development and Housing Consolidated Plan pursuant to 24 CFR Part 91. 2. It is understood and agreed that the County as the Grantee is to take the final responsibility and to assume all the obligations of applicant for assistance under the provisions of said Housing and Community Development Act of 1974 and subsequent amendments, the three-year certifications as required by HUD, subject to change in legislation or regulations and the Consolidated Plan. 3. The County and Town agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 4. The County and Town do not have the power to veto or otherwise restrict or withhold the support given by the County or the Town to the activities proposed in the Consolidated Plan for any program year covered by this Agreement. In the event that any participating member entity does not comply with a federal prerequisite in order for funds to be expended in such area, then said entity's share shall be expended within all or any portion of the area served by the member entities who qualify under the provisions of said Act. 5. It is understood that in order to qualify for funds under the Housing and Community Development Act of 1974 and subsequent amendments, it is necessary that a Consolidated Plan be submitted to and approved by the United States Department of Housing and Urban Development. All parties hereto agree to abide by the terms and conditions of an approved Consolidated Plan for housing and community development activities as submitted to the Department of Housing and Urban Development. Upon executing the Agreement the Town agrees not to apply for CDBG funds from the State of Adzona Small Cities Program, and may not participate in a HOME consortium except through the Urban County dudng the period in which it is participating in the Urban County's CDBG Program. Nothing herein shall be construed as limiting in any manner the powers of any of the respective parties to initiate and complete a local project within their respective jurisdiction with their own funds. - 6. The 1st day of July 2001 , shall be the effective date of Agreement, and remain in force for three years. This Agreement covers CDBG and HOME Program funding for Federal Fiscal years 2002, 2003, and 2004. This Agreement may be amended to extend the term of Agreement in order to complete activities funded but not completed, or to expend program income received dudng the three years covered by this Agreement. 7. The Town and the County recognize that the County shall be the governmental entity required to execute any grant agreement received pursuant to Consolidated Plan, and that the County shall thereby become responsible thereunder for the proper performance of the plan and program. The Town agrees that it shall fully cooperate with the County in all efforts hereunder and that they will assist in doing any and all things required or appropriate to comply with the provisions of any grant agreement received by the County pursuant to the Act and its regulations. 8. All records of the County or Town related to this Consolidated Plan and any projects undertaken pursuant thereto shall upon reasonable notice, be_¢vailable for inspection by HUD, County, and/or Town auditors, dudng normal business hours. 9. This Intergovernmental Cooperative Agreement shall be binding upon the parties hereto, their successors and assignees. Any assignment of Agreement shall be void without the consent of the other party. 10. Pursuant to the pdmary objective of Title I of the Housing and Community Development Act of 1974, the parties hereby agree to direct their Community Development Block Grant and HOME Program resources toward the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities; principally for persons of Iow- and moderate- income. 11. County and Town will take all required actions necessary to comply with the Urban County's 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. County shall not fund Town if the Town does not affirmatively further fair housing within its own jurisdiction. County and Town agree to affirmatively further fair housing within County and Town. Town shall take no actions to impede the County's actions to comply with County fair housing certification. 12. County and Town have adopted and are enforcing 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 A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil dghts demonstrations within its jurisdiction. 13. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary to implement a detailed and formulated plan and program as contemplated hereunder or for the purpose of complying with any grant agreement received or the regulations issued pursuant to the Act. Failure by either party to adopt an Amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation Agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the Urban County is scheduled shall automatically terminate this Agreement following the expenditure of all Community Development Block Grant and HOME funds allocated for use in the Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(b), the Town is subject to the same requirements applicable to subrecipients, including the requirement for a written Agreement set forth in 24 CFR 570.503. 15. The County, as the CDBG grant recipient for the urban county has full responsibility for the execution of the community development program, for foll~7_wing its Consolidated Plan, and for meeting the requirements of other applicabl~ laws (e.g., National Environmental Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec. 504 of the Rehabilitation Act of 1973, Sec. 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively furthering fair housing). County shall be held accountable for the accomplishment of the community development program, for following the Consolidated Plan, and for ensuring that actions necessary for such accomplishment are taken by Town. 16. The parties acknowledge that A.R.S. § 38-511 requires that notice of A.R.S. § 38-511 be included in every contract of a political subdivision of the State of Adzona and that both parties must comply with ail applicable provisions of Arizona Executive Order 75-5, as amended by Executive Order 99-4 [relating to non-discrimination]. THIS SPACE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have caused this Coope?tive Agreement to be executed the day of ,2001. PIMA COUNTY BOARD OF SUPERVISORS TOWN OF MARANA Chair, Board of Supervisors Mayor A'I-FEST: ATTEST: Clerk, Board of Supervisors REVIEWED BY: APPROVED AS TO FOR/Mf~ Director, Community Services Dept. Town Attorney ,~%%~lll~f¢'~.~ APPROVED AS TO FORM: ~ ""~'" ~ ~ Deputy County A~omey A RESOLUTION OF Tt~ MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MA. RANA TO ENGAGE IN HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS. WHEREAS, County and Town may contract for serv/ces mad enter into agreements w/th one another for joint or cooperative action pursuant to A.R.S.§ 11 ~951, et.seq.; and WHEREAS, it is necessary to enter into an Intergoverurnental Cooperative Agreement in order to meet the requirements of the Housing and Commun/ty Development Act of ] 974 and subsequent amendments and WHEREAS, County and To~m desire to engage in housing and community development activ/ties as author/zed under the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town do hereby find and determine that it is in the best interest of the residents of the unincorporated areas oft_he County and of the Town of Marana that housing and community development activities be pen'ormed jointly in accordance w/th the provisions of tiffs A~eement and that the U.S. Department of Housing and urban Development (HUD) recommends that expenditures of funds for each purpose be on an Urban County basis; and WHEREAS, h is mutually beneficial to each of the parties hereto for the County to administer and execute the p~'ovisioas of the Agreement in accordance w/th the terms and conditions hereinafter provided and subject to local ordln~nce and State and Federal law; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of ! Marana, Arizona as follows: 57 1. The attached Intergovernmental Cooperative Agreement between Pima County and 4 the Town of Marana for CDBG and HOME Program purposes is hereby approved; and E; 2. The Mayor of the Town of Marana is hereby instructed and authorized to sign the Intergovernmental Cooperative A~eement for the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 22"d day of May, 2001. ATTEST: (e~~O N, .IR. As Town Attorney and not personally ¢~*,V,> i This number must e.~cear on all Intergovernmental Cooperative A, ~~ be~een - - ~ Pima County and Town of Marana - for ~e Communi~ Development Block Grant Program and Home Inves~ent Pa~ership Program This Intergovernmental Cooperative A reeme of ~, by and be~een the Co--~- ¢~ ~. nt made and entered into this l~t day -,~y ur ~lma, a body poli~c and corpo~te of the State of Arizona, hereina~er referred to as "Count," and the Town of Marana, a municipal corpo~on of the State of Adzona, located wi~in ~e boundaries of the County of Pima, hereina~er refe~ed to as "Town." RECITALS A. WHER~S Coun~ and Town may con~ for se~ices and enter into agreements with one another for joint or cooperative a~ion pursuant to A.R.S. ~ 11-951, et seq. B. WHER~S it is necessa~ to enter into a Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments. C. WHER~S Coun~ and Town are individually ~uthodzed by Jaw to engage in housing and Communi~ development activities. D. WHER~S County and To~ do hereby find and dete~ine that it is in the best interest of the residents of ~e uninco~orated areas of ~e Coun~ and the Town ~at housing and communi~ development a~vi~es be Peffo~ed join~y in accordance wi~ the provisions of this Agreement and that ~e U.S. Depadment of Housing and U~an Development recommends ~at expenditures of funds for such pu~ose be on an U~an County basis. E. WHER~S it is mutually beneficial to each of the pa~es hereto for Coun~ to administer and execute the.provisions of ~is Ag~ement and the provisions of the Agreement for Management and Implementation of the CDBG Program and HOME Program Agreements entered into by the padies, which Agreements are hereby incorporated by reference as if fully set fo~h herein, in accordance ~ ~e te~s and condi~ons hereina~er provided and subject to local ordinance and State and Federal law. NOW, THEREFORE, County and Town, pu~uant to the above, and in consideration of the maAers and things hereina~er set fo~, do mutually agrees as follows: 1. Pima Count, as an U~an Count, is hereby designated as the sponsoring agency to administer and.implement ~e plan and program for housing and community development a~vJties for each of ~e padicipa~ng pa~ies to this Agreement in accordance wi~ ~e provisions of the Housing and Communi~ Development Act of 1974 and subsequent amendments, ~e laws of the State of Arizona, and ~e te~s and conditions provided herein. In ~is respect, the Town agrees that ~e Coun~ is hereby delegated the power to plan and undedake communi~ development projects within its jufisdi~on a~d will have the final responsibility for selecting all CDBG and HOME projects in accordance with the approved Community Development and Housing Consolidated Plan pursuant to 24 CFR Part 91. 2. it is understood and agreed that the County as the Grantee is to take the final responsibility and to assume all the obligations of applicant for assistance under the provisions of said Housing and Community Development Act of 1974 and subsequent amendments, the three-year certifications as required by HUD, subject to change Jn legislation or regulations and the Consolidated Plan. 3. The County and Town agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 4. The County and Town do not have the power to veto or otherwise restrict or withhold the support given by the County or the Town to the activities proposed in the Consolidated Plan for any program year covered by this Agreement. in the event that any participating member entity does not comply with a federal prerequisite in order for funds to be expended in such area, then said entJty's share shall be expended within all or any portion of the area served by the member entities who qualify under the provisions of said Act. 5. It is understood that in order to qualify for funds under the Housing and Community Development Act of 1974 and subsequent amendments, it is necessary that' a Consolidated Plan be submitted to and approved by the United States Department of Housing and Urban Development. All parties hereto agree to abide by the terms and conditions of an approved Consolidated Plan for housing and Community development activities as submitted to the Department of Housing and Urban Development. Upon executing the Agreement the Town agrees not to apply for CDBG funds from the State of Arizona Small Cities Program, and may not 'participate Jn a HOME consortium except through the Urban County dudng the period in which it is participating in the Urban County's CDBG Program. Nothing herein shall be construed as limiting in any manner the powers of any of the respective parties to init[ate and complete a ~ocaJ project within their respective jurisdiction with their own funds. 6. The 1st . day of Ju y 2001 , shall be the effective date of Agreement, and remain in force for three years. This Agreement covers CDBG and HOME Program funding for Federal Fiscal years 2002, 2003, and 2004. This Agreement may be amended to extend the term of Agreement in order to complete activities funded but not Completed, or to expend program income received during the three years covered by this Agreement. 7. The Town and the County recognize that the County shall be the governmental entity required to execute any grant agreement received pursuant to Consolidated Plan, and that the County shall thereby become responsible thereunder for the proper performance of the plan and program. The Town agrees that it shall fully cooperate with the County in all efforts hereunder and that they will assist in doing any and all things required or appropriate to comply with the provisions of any grant agreement received by the County pursuant to the Act and its regulations. 8. All records of the County or Town related to this Consolidated Plan and any projects undertaken pursuant thereto shall upon reasonable notice, be available for inspection by HUD, County, and/orTown auditors, during normal business hours. 9. This Intergovernmental Cooperative Agreement shall be binding upon the parties hereto, their successors and assignees. Any assignment of Agreement shall be void without the consent of the other party. 10. Pursuant to the primary objective of Title I of the Housing and Community Development Act of 1974, the parties hereby agree to direct their Community Development Block Grant and HOME Program resources toward the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities; principally for persons of Iow- and moderate- income. 11. County and Town will take all required actions necessary to comply with the Urban County's 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. County shall not fund Town if the Town does not affirmatively further fair housing within its own jurisdiction. County and Town agree to affirmatively further fair housing within County and Town. Town shall take no actions to impede the County's actidns to comply with Co'unty fair housing certification. 12. County and Town have adc~Pted and are enforcing 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 A policy of enforcing applicable State and local Iaws against physically barfing entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 13. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary to implement a detailed and formulated plan and program as contemplated hereunder or for the purpose of complying with any 'grant agreement received or the regulations issued pursuant to the Act. Failure by either party to adopt an Amendment to this Agreement incorporating ali changes necessary to meet the requirements for cooperation Agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the Urban County is scheduled shall automatically terminate this Agreement following the expenditure of all Community Development Block Grant and HOME funds allocated for use in the Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(b), the Town is subject to the same requirements applicable to subrecipients, including the requirement for a wdtten Agreement set forth in 24 CFR 570.503. 15. The County, as the CDBG grant recipient for the urban county has full responsibility for the execution of the community development program, for following its Consolidated Plan, and for meeting the requirements of other applicable laws (e.g., National Environmental Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec. 504 of the Rehabilitation Act of 1973, Sec. 109 of the Housing and Community .Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively fur[hering fair housing). County shall be held accountable for the accomplishment of the community development program, for following the Consolidated Plan, and for ensuring that actions necessary for such accomplishment are taken by Town. 16. The parties acknowledge that A.R.S. § 38-511 requires that notice of A.R.S. § 38-511 be included in every contract of a political subdivision of the State of Arizona and that both parties must comply with all applicable provisions of Adzona Executive Order 75-5, as amended by Executive Order 99-4 [relating to non-discrimination]. THIS SPACE INTENTIONALLY; LEFT BLANK IN WITNESS WHEREOF, the par~ies hereto have caused this Cooperat/ve Agreement to be executed the ~ day of.._~ul~zL._- . 2~001. PIMA COUNTY BOARD OF SUPERVISORS ,~ ,, --~/¢. , TOWN OF MARANA Mayor -,; ~;t,'.*, ,'" ATTEST: REVIEWED B~: ~rector. Community Se~ices Dept ' Town A~omey APPROVED AS TO' FORM: