HomeMy WebLinkAboutResolution 2013-076 CDBG Program and home investment FY 2014-2016MARANA RESOLUTION NO. 2013-076
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT
BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT
PARTNERSHIP PROGRAIVI FOR FEDERAL FISCAL YEARS 2014-2016
WHEREAS Pima County and the Town of Marana 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 ("the
Agreement") to meet the requirements of the Housing and Community Development Act of 1974
and subsequent amendments ("the Act") in order to obtain federal funding for the Community De-
velopment Block Grant Program ("CDBG") and the HOME Investment Partnership Program
("HOME") for federal fiscal years 2014, 2015 and 2016; and
WHEREAS, County and Town desire to engage in CDBG and HOME housing and commu-
nity development activities as an "Urban County" as authorized under the Act; and
WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") recom-
mends that awards and expenditures of CDBG and HOME funds be made as an Urban County; and
WHEREAS the Town Council finds that it is in the best interest of the residents of the Town
of Marana to perform CDBG and HOME housing and community development activities jointly and
pursuant to the provisions of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Intergovernmental Cooperative Agreement between Pima County and the
Town of Marana, attached to and incorporated by this reference in this resolution as Exhibit A, is
hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of
Marana.
Marana Resolution 2013076 -1 -
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the Intergovernmental Cooperative Agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6 day of August, 2013.
Mayor d Honea
ATTEST:
ocelyn . ronson, Town Clerk
APPROV�D AS TO FORM:
, Town A
Marana Resolution 2013076 - 2 -
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CdNTRACT
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AM�NOMENT N0.
Intergovemmentai Cooperative Agreem r�is number must appear cn al�
between i voices, correspondence and
documents pertaining to this
Pima County and Town of Marana contcact.
for the
Community Development Block Grant Program
and
Home Investment Partnership Program
Th' Intergovernmental Cooperative Agreement made and entered into this � day of
, 2013, by and befinreen the County of Pima, a body politic and corporate of
h e 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. 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. County and Town must enter into a Cooperative Agreement to meet the requirements of the
Housing and Community Development Act of 1974 and subsequent amendments ("the Act")
to participate as an Urban County in order to obtain federal funding for the Community
Development Block Grant Program ("CDBG") and the HOME Investment Partnership
Program ("HOME°) for federal fiscal years 2014, 2015 and 2016.
C. County and Town are individually authorized by law to engage in housing and community
development activities.
D. The U.S. Department of Housing and Urban Development ("HUD") recommends that awards
and expenditures of CDBG and HOME funds be made as an Urban County.
E. The governing bodies of County and Town have found that it is in the best interests of the
residents of the unincorporated areas of the County and of the Town to perform CDBG and
HOME housing and community development activities jointly pursuant to the provisions of this
Agreement.
F. This Agreement, designating Pima County as an Urban County and establishing the
responsibilities for County to act as the sponsoring agency to administer and implement the
terms and conditions of the CDBG and HOME grants, in accordance with local ordinances
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 agree 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 both parties to this Agreement. All activities shall be carried out 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, Town agrees that County is hereby delegated
EXHIBIT A
,c � .
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 Pima 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. County and- Town agree to
renewal and lower income
publicly assisted housing.
cooperate to undertake, or assist in undertaking, community
housing assistance activities, specifically urban renewaf and
4. County and Town do not have the power to veto or otherwise restrict or withhold the
support given by County or 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 Caunty 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 pro�ect within their
respective jurisdiction with their own funds.
6. The 1 st day of July, 2013 shall be the effective date of Agreement. The Agreement
shall remain in force and effect for three years. This Agreement covers CDBG and HOME
funding for Federal Fiscal vears 2014, 2015, and 2016. 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, but not expended, during the three years covered
by this Agreement.
7. Town and County recognize that County shall be the governmental entity required to
execute any grant agreement received pursuant to Consolidated Plan, and that County
shall thereby become responsible thereunder for the proper perFormance of the plan and
program. Town agrees that it shall fully cooperate with County in all efforts hereunder and
that Town will assist County in doing any and all things required or appropriate to comply
with the provisions of any grant agreement received by County pursuant to the Act and its
regulations.
8. All records of County and of Town rela#ed 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 Intergovemmental 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 CDBG and HOME resources toward
the development of viable urban communities, by providing decent housing and suitable
living environments and by expanding economic opportunities. Such efforts shall
principally be accomplished for the benefit of 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
Aet of 1974 and other applicable laws. County shall not fund Town if 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 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 comptying 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 #erminate this Agreement following the
expenditure of all CDBG and HOME funds allocated for use in Town's jurisdiction.
14. Pursuant to 24 CFR 570.501(b), 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. 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, Uni�orm 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 City.
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 and requirements relating to non-
discrimina#ion 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�llwww azqovemor ctov/dmsfupload/EO 2Q09 09.pdf
These documents are hereby incorporated into this contract as if set forth in full herein.
During the performance of this contract, SUBGRANTEE 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 AGREEMENT MAY BE EXECUTED IN COUNTERPARTS.
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be
executed the 2nd day of July , 2013.
PIMA COUNTY BOARD OF SUPERVISORS TOWN OF RAN
-�-^^^ �^^S�^ JUL 02 201
Vice Chairman, Board of Supervisors Mayor
ATT ST:
. �� '
Clerk, Board of S ervisors
REVI��/b'��
�
Director, Co��nmunity Development &
Neighborhood Conservation Department
/ /
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Pursuant to A.R.S. § 11-952, the undersigned Pima
County legal counsel has determined that the above
Agreernent is in proper form and is within the powers
and authority granted to the County under the laws
of the State of Arizona.
� • L_
a en . Friar, eputy County Attorney
Pursuant to A.R.S. § 11-952, the legal counsel for
the Town of Marana has determined that the above
Agreement is in proper form and is within the powers
and authority granted to the Town under the laws of
the State of Arizona.
�
e al Co sel, Town of arana
Print e: ° �rx� � rv�
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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.
Ka . Friar, eputy County Attorney
Pima County Attomey's Office
Civil Division
RESOLUTION NO. 2013 - �
- RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA AUTHORIZING
EXECUTION OF AN INTERGOVERNMENTAL GOOPERATIVE 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 ("the
Agreement") to meet the requirements of the Housing and Community Development Act of 1974 and
subsequent amendments ("the Act") in order to obtain federal funding for the Community Development
Block Grant Program ("CDBGn) and the HOME Investment Partnership Program ("HOME") for federal
fiscal years 2014, 2015 and 2016; and
WHEREAS, County and Town desire to engage in CDBG and HOME housing and community
development activities as an "Urban County" as authorized under the Act; and
WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") recommends that
awards and expenditures of CDBG and HOME funds be made as an Urban County; and
WHEREAS, the Board of Supervisors of Pima County find and that it is in the best interests of the
residents of the unincorporated areas of the County and of the Town of Marana to perForm CDBG and
HOME housing and community development activities jointly and pursuant to the provisions of the
Agreement; and
WHEREAS, it is mutually beneficial to both parties to execute the Agreement so that County, as a
designated Urban County and as the sponsoring agency, may administer and execute the terms and
conditions of the CDBG and HOME grants in accordance with local ordinance and State and Federal
law.
NOW 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 AND ADOPTED ON THIS 2nd DAY OF July , 2013
PIMA COUNTY, A Body Politic & Corp ATTEST
.
�,,,�,,, ��,,�,,,, .lUl 0 $ 2013 �
vice Chairman, Board of Supervisors G��rk of th Boar
APPROVED AS TO FORM:
� •
Ka . Friar, eputy County Attorney
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