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HomeMy WebLinkAboutResolution 2010-054 CDBG and home investment partnership renewalMARANA RESOLUTION N0.2010-54 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF AN IGA WITH PIMA COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP RENEWAL THROUGH JUNE 30, 2013 WHEREAS, the Town of Marana recognizes the need to provide safe and affordable housing, neighborhood infrastructure, and parks for its citizens through the use of Community Development Block Grant (CDBG) and HOME Program funding; and WHEREAS, Pima County serves as the sponsoring agency for distribution of CDBG and HOME Program funding under HUD's Housing and Community Development Act of 1974 for distribution of Federal funding to an Urban County; and WHEREAS, the Town of Marana finds that it is in the best interest of its residents to enter into an agreement with Pima County to develop activities jointly in accordance with U.S. Department of Housing Urban and Development (HUD) guidelines and protocols; and WHEREAS, it is necessary for Town of Marana the to enter into this Intergovernmental Cooperative Agreement with Pima County as the sponsoring agency to meet the requirements of HUD's Housing and Community Development Act of 1974. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Contract between the Town of Marana and Pima County is herby approved and the Mayor is herby authorized to execute it for and on behalf of the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2010. L_ Mayor d Honea APPROVED AS TO FORM: CONTACT Intergovernmental Cooperative Agreem between Pima County and Town of Marana for the A~l~PiDMENT td0. IThis number must appear on a1! invoices, correspondence and documents pertaining to this contract. Community Development Block Grant Program and Home Investment Partnership Program This Intergovernmental Cooperative Agreement made and entered into this day of 2010, by and between the County of Pima, a body politic and corporate of the State of Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal corporation of the State of Arizona, located within the boundaries of the County of Pima, hereinafter referred to as "Town." RECITALS A. 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. 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: 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 Arizona, 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 Arizona Small Cities Program, and may not participate in a HOME consortium except through the. Urban County during 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 2010 ,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 2011, 2012, and 2013. 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/or Town 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 low- 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 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 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 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, Seca 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 City. 16. The parties acknowledge that A.R.S. § 38-511 requires that notice of A.R.S. § 38-511. must be included in every contract. of a political subdivision of the State of Arizona and that both parties must comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona's website http://www.azgovernor.gov/dms/upload/EO 2009 09.pdf which is hereby incorporated into this Agreement as if set forth in full herein. During the performance of this Agreement, the parties shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin. THIS SPACE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed the 6th day of July , 2010. PIMA CO TY OA PE VISORS TOWN OF MA A !z2~-'t--_~ Chai an, Board Supervisor Mayor JJL 0 6 201 ATTEST: Clerk, oard of Supervisors ~' Town Clerk REVIEWED BY: ~C6'~e ~ , Director, Community Development Neighborhood Conservation Department Pursuant to A.R.S. § 11-952, the undersigned, Pima County's legal counsel has determined that the above Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to Pima County. Karen Friar Typed Name of Legal Counsel ~1 Si na re of Le al Counsel Pursuant to A.R.S. § 11-952, the undersigned, Town of Marana's legal counsel has determined that the above agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Town of Marana. -- ~e ls~-s~~o~ Typed Name of Le I Counsel OPINION OF DEPUTY COUNTY ATTORNEY INTERGOVERMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM I am an Attorney at Law admitted to practice in the State of Arizona and a duly appointed Deputy County Attorney for the County of Pima. I have examined the Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program entered into by and between the County of Pima and the Town of Marana, pursuant to Title I of the Housing and Community Development Act of 1974, and I am of the opinion that the Agreement has been duly authorized by the Board of Supervisors of the County of Pima in accordance with State and local legal requirements. I am further of the opinion. that the names and provisions of the agreement are authorized under state and local law and that Pima County is authorized to enter into this agreement pursuant to state and local law. To the. best of my knowledge, there is no pending or threatened litigation affecting the implementation of the Cooperation Agreement or the ability of the County of Pima to be the applicant for funding as a Urban County under Title I of the Housing and Community Development Act of 1974, as amended. De County ttorney Civil Division RESOLUTION NO. 2010 - 140 RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA A~ITHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM. 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 focal ordinance and State and Federal law; THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA, COUNTY, ARIZONA, as follows: 1. The Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program is hereby approved; and 2. The Chairman of the Board of Supervisors is hereby instructed and authorized to sign the Intergovernmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED A OPTED THIS 6tn DAY OF July .2010 PI ~,A B P is orp ATTEST C irman, Board-of Supervisor Clerk of the Board July 6, 2010 APPROVED AS TO FORM: ~~~~ . --~ ty County Attorney