HomeMy WebLinkAboutResolution 2016-055 Approving IGA for CDBG between Pima County and MaranaMARANA RESOLUTION NO. 2016 -055
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 PROGRAM FOR FEDERAL FISCAL YEARS 2017-2019
WHEREAS the Town of Marana recognizes the need to provide safe, affordable
workforce housing for its citizens; and
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 ") to obtain federal funding for the Community De-
velopment Bloch. Grant Program ( "CDBG ") and the HOME Investment Partnership Program
CTIOME") for federal fiscal years 2017, 2018 and 2019; and
WHEREAS, County and Town desire to engage in CDBG and IJOME 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") 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, rI"HEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
'I WN 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.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the Intergovernmental Cooperative Agreement.
0004 919.1)OC X /I
Marana Resolution No. 2016-055 - 1
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 7th da of June, 2016.
Ma Ed Honea
ATTEST:
) S L a A 09'' mim
e
y n Am'ronson, Town Clrk
C
00046919.DOCX /I
M(irana Resolution No. 2016-055 - 2 -
PIMA COUNTY COMMUNITY DEVELOPMENT AND
NEIGHBORHOOD CONSERVATION DEPARTMENT
Program /Project Name:
Community Development Block Grant and HOME Investment Partnership
Cooperative Agreement
Awardee:
Town of Marana
11555 W. Civic Center Drive
Marana, AZ 85653
DUNS No.:
098034143
Contract Term:
July 1, 2016 — June 30, 2019
Amount:
No Cost
Funding:
U.S. Department of Housing and Urban Development
Federal Contract No.
N/A
Award Date:
N/A
This Intergovernmental Agreement ( "IGA" or "Agreement ") is entered into by and between Pima County, a
body politic and corporate of the State of Arizona ( "County ") and the Town of Marana, AZ, a municipal
corporation in the State of Arizona ( "Town ") to acknowledge and comply the requirements established by the
U.S. Department of Housing and Urban Development ( "HUD ") for a Cooperative Agreement between
jurisdictions of an Urban County.
RECITALS
A. County may receive HUD Entitlements including Community Development Block Grant ( "CDBG ") funds
from HUD under Title I of the Housing and Community Development Act of 1974, as amended (Public
Law 93 -383) ( "the Act ") and under the HOME Investment Partnership Program ( "HOME ") for federal
fiscal years 2017, 2018, and 2019.
B. With cooperation of Town and other incorporated jurisdictions within Pima County, County receives and
agrees to utilize these CDBG, HOME and other applicable HUD funds as an Urban County and must,
therefore, enter into a Cooperative Agreement for undertaking activities using such funds.
C. 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.
D. Both County and Town are authorized by law to engage in affordable housing and community
development activities.
E. The Pima County Board of Supervisors and the Marana Town Council both find that it is in the best
interests of their residents, to enter into this IGA to engage in CDBG and HOME affordable housing and
community development activities pursuant to the provisions of this IGA.
F. Pima County is designated as an Urban County and will act as the sponsoring agency to administer and
implement the terms and conditions of the CDBG and HOME grants in accordance with applicable
federal, state and local laws.
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:
1.0 TERM, EXTENSIONS AND AMENDMENTS
1.1 This Agreement, will commence on July 1, 2016 and will terminate on June 30, 2019 unless sooner
terminated or further extended pursuant to the provisions of this Agreement. This Agreement covers
CDBG and HOME funding for federal fiscal years 2017, 2018 and 2019.
1.2 This Agreement may be amended to extend the term in order to:
1.2.1 Complete activities funded, but not completed;
1.2.2 Expend Program Income ( "PI ") received, but not expended prior to the termination date; or
1.2.3 To continue the Agreement for additional three (3) year periods.
1.3 Any modification or extension of the contract termination date must be by formal written amendment
executed by the parties hereto.
1.4 Any amendments to the Agreement must be approved by the County before any services under the
amendment commences.
1.5 The terms of this Agreement will survive and remain in effect during any period that Town has control
over CDBG or HOME funds, including program income.
1.6 The parties agree that fully executed amendment(s) to this IGA will be entered into as required or
necessary to:
1.6.1 Implement a detailed and formulated comprehensive plan and program for CDBG and HOME
activities;
1.6.2 Comply with any grant agreement received from HUD;
1.6.3 Comply with the regulations issued pursuant to the Act;
1.6.4 To meet the requirements for Cooperative Agreements set forth in the Urban County
Qualification Notice applicable for the year in which the next qualification of the Urban County
is scheduled.
2.0 SCOPE OF SERVICES
2.1 Urban County The parties acknowledge and agree that Pima County is an Urban County as established
in the Urban County Qualification Notice. As recipient of the CDBG and HOME funds on behalf of the
Urban County, County is the designated sponsoring agency.
2.2 County obligations County will perform activities required of a sponsoring agency, including, but not
limited to:
2.2.1 Administer and implement the CDBG and HOME programs for both County and Town;
2.2.2 Assume full responsibility for:
2.2.2.1 The execution of any grant agreement received pursuant to the Community
Development and Housing Consolidated Plan approved pursuant to 24 CFR Part 91
( "the Consolidated Plan ")
2.2.2.2 The execution of the housing and community development programs;
2.2.2.3 Performance pursuant to the Consolidated Plan;
2.2.2.4 Ensuring the Town takes actions necessary for accomplishment of the community
development program; and
2.2.2.5 Meeting applicable federal legislation and regulations and state and local laws.
2.2.3 Assume all the obligation of applicant for:
2.2.3.1 Assistance under the Act and any subsequent amendments;
2.2.3.2 Three -year certifications as required by HUD; and
2.2.3.3 The Consolidated Plan.
2.2.4 Plan and undertake community development projects in unincorporated Pima County and within
the boundaries of the Town of Marana;
2.2.5 In consultation with Town and other participating jurisdictions, prepare the Consolidated Plans
as required by HUD; and
2.2.6 Prepare the required amendment(s) to the IGA, as set forth in paragraph 1.6 and provide to Town
for execution.
2.3 Town Obligations
2.3.1 As part of the Urban County, Town agrees that County is delegated the power to plan and
undertake community development projects within its jurisdiction and that County will have the
final responsibility for selecting all CDBG and HOME projects in accordance with the approved
Consolidated Plan.
2.3.2 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
2.3.3 Upon execution of this IGA, Town will:
2.3.3.1 Not apply for CDBG funds from the State of Arizona Small Cities Program;
2.3.3.2 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;
2.3.3.3 Fully cooperate with County in all CDBG and HOME efforts under this IGA;
2.3.3.4 Assist County in doing 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;
2.3.3.5 Undertake, or assist in undertaking, community renewal and low- and moderate -
income housing assistance activities if, at any time, County lacks authority to perform
such an activity within the Town's boundaries; and
2.3.3.6 Not take any actions to impede County's compliance with the Urban County Fair
Housing Certification.
2.4 Mutual Obligations
2.4.1 The primary objective of Title I of the Act is to develop viable urban communities by providing
decent housing and suitable living environments and expanding opportunities. These efforts will
principally be accomplished for the benefit of persons of low- and moderate - income, as defined
by HUD.
2.4.2 Town and County cooperate in undertaking community renewal and low- and moderate - income
housing assistance activities, specifically urban renewal and publicly assisted housing in
qualifying areas.
2.4.3 Consolidated Plan To qualify for funds under the Act, a Consolidated Plan must be submitted to
and approved by HUD.
2.4.3.1 Town and County will cooperate in the development of the required Consolidate Plans
for submission to HUD.
2.4.3.2 Town and County agree to abide by the terms and conditions of any approved
Consolidated Plan for housing and community development activities as submitted to
HUD.
2.4.3.3 Neither Town nor County will 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 IGA.
2.4.4 Civil Rights Demonstrations Within their respective jurisdictions, Town and County:
2.4.4.1 Have adopted and are enforcing policies prohibiting the use of excessive force by law
enforcement agencies against any individuals engaged in non - violent civil rights
demonstrations; and
2.4.4.2 Have 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.
2.5 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 will
automatically terminate this Agreement following the expenditure of all CDBG and HOME funds
allocated for use in Town's jurisdiction.
3.0 FUNDING
3.1 The terms of this IGA will apply to Town if, and only if, Town requests and receives CDBG or
HOME funding awarded to the Urban County for activities within the boundaries of Town under
the terms of this IGA.
3.2 In the event that Town does not comply with a federal prerequisite in order for funds to be expended in
its jurisdiction, Town's share will be allocated by County to other entities who qualify under the
provisions of the Act.
3.3 County will not provide CDBG or HOME funds to Town, if Town does not affirmatively further fair
housing within its own jurisdiction.
3.4 Nothing in this IGA will be construed as limiting in any manner the powers of either party to initiate and
complete a local project within its respective jurisdiction with its own funds.
4.0 INSURANCE
Town and County will maintain commercial general liability — occurrence form, automobile liability, and
worker's compensation and employer's liability insurance, or be self - insured, in amounts sufficient to cover
any claims, whether or not due to negligence, which may arise in the performance of the activities set forth in
this IGA.
5.0 INDEMNIFICATION
Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee)
from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees)
(hereinafter collectively referred to as "claims ") arising out of bodily injury of any person (including death) or
property damage, but only to the extent that such claims which result in vicarious /derivative liability to the
Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its
officers, agents, employees, or volunteers.
6.0 COMPLIANCE WITH LAWS
6.1 Town and County will carry out all CDBG and HOME funded activities under this IGA in accordance
with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without
limitation to those designated within this Agreement. The laws and regulations of the State of Arizona
will govern the rights of the parties, the performance of this Agreement, and any disputes hereunder.
Any action relating to this Agreement must be brought in a court of the State of Arizona in Pima County.
Any changes in the governing laws, rules, and regulations during the terms of this Agreement will apply,
but do not require an amendment.
6.2 Town and County will comply with the requirements of 24 CFR 570, including subpart K of these
regulations, except Town does not assume:
6.2.1 County's environmental responsibilities described in 24 CFR 570.604; and
6.2.2 County's responsibility for initiating the review process under the provisions of 24 CFR Part 52.
6.3 Town and County each warrant that CDBG and HOME funds provided or personnel employed in the
administration of the program funded under this Agreement will not be used for:
6.3.1 Political activities;
6.3.2 Inherently religious activities;
6.3.3 Lobbying;
6.3.4 Political patronage; or
6.3.5 Nepotism activities.
6.4 In the administration and management of CDBG and HOME projects undertaken within the Town of
Marana, Town and County will comply with the applicable provisions of:
6.4.1 Title VI of the Civil Rights Act of 1964;
6.4.2 Fair Housing Act;
6.4.3 Sections 104(b) and 109 of Title I of the Housing and Community Development Act of 1974.
6.4.4 National Environmental Policy Act,
6.4.5 Uniform Relocation Act,
6.4.6 Section 504 of the Rehabilitation Act of 1973; and
6.4.7 All rules and regulations applicable to the Acts set forth above.
6.5 Town and County will affirmatively further fair housing within their respective jurisdictions.
6.6 Town will fully cooperate with County, HUD and any other federal agency in the review and
determination of compliance with the above provisions.
7.0 ASSIGNMENT
Neither party will not assign its rights to this Agreement in whole or in part, without prior written approval of
the other party. This IGA will be binding upon the parties hereto, their successors and assignees. Any
assignment of Agreement will be void without the consent of the other party.
8.0 NON - DISCRIMINATION
8.1 Town and County agree to comply with all provisions and requirements of Arizona Executive Order
2009 -09 including flow down of all provisions and requirements to any subcontractors.
8.2 During the performance of this contract, Town and County will 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.
9.0 AMERICANS WITH DISABILITIES ACT
Town and County will comply with all applicable provisions of the Americans with Disabilities Act (Public
Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR
Parts 35 and 36. Failure to do so could result in the termination of this Agreement.
10.0 CANCELLATION FOR CONFLICT OF INTEREST
10.1 This Agreement is subject to cancellation for conflict of interest pursuant to ARS § 38 -511, the pertinent
provisions of which are incorporated into this Agreement by reference.
10.2 Subrecipient agrees to comply with all applicable conflict of interest provisions contained in Federal
laws and regulations that govern the awarding agency including 24 CFR 84.42 and 570.611.
11.0 NON - APPROPRIATION
Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason,
there are not sufficient appropriated and available monies for the purpose of maintaining County or other
public entity obligations under this Agreement. In the event of such termination, County will have no further
obligation to Subrecipient, other than for services rendered prior to termination.
12.0 NOTICE
Any notice required or permitted to be given under this Agreement must be in writing and must be served by
delivery or by certified mail upon the other party as follows:
Count
Town
Margaret Kish, Director
Gilbert Davidson, Town Manager
Pima County Community Development and
Town of Marana
Neighborhood Conservation
115 5 5 W. Civic Center Drive
2797 E. Ajo Way
Marana, AZ 85653
Tucson, AZ 85713
13.0 RECORDS
All records of County and of Town related to this IGA, the Consolidated Plan and any projects undertaken
pursuant thereto will, upon reasonable notice, be available for inspection by HUD, County, and /or Town
auditors, during normal business hours.
14.0 REMEDIES
Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is
intended to be exclusive of any other right or remedy and each will be cumulative and in addition to any other
right or remedy existing at law or at equity or by virtue of this Agreement.
15.0 SEVERABILITY
Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by
law will be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement.
16.0 ENTIRE AGREEMENT
16.1 This document constitutes the entire agreement between the parties pertaining to the subject matter
hereof.
16.2 No verbal agreements or conversations with any officer, agent or employee of County prior to or after
the execution of this Agreement will affect or modify any of the terms or obligations contained in any
documents comprising this Agreement. Any such verbal agreement will be considered as unofficial
information and in no way binding upon County and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein.
16.3 This Agreement may be modified, amended, altered or extended only by a written amendment signed by
the parties.
IN WITNESS THEREOF, the parties have affixed their signatures to this Agreement on the date written
below.
THIS AGREEMENT MAY BE EXECUTED IN COUNTPARTS
PIMA COUNTY
Chair, Board of Supervisors
Date:
ATTEST
Clerk of the Board
Date:
APPROVED AS TO CONTENT:
Director, Community Development
and Neighborhood Conservation
TOWN OF MARANA
Ed Honea, Mayor
Date:
ATTEST
Town Clerk
The foregoing Intergovernmental Agreement between Pima County and Town of Marana has been reviewed
pursuant to A.R.S. § 11 -952 by the undersigned Deputy County Attorney and the Town of Marana Attorney,
who have determined that it is in proper form and is within the powers and authority granted under the laws of
the State of Arizona to those parties to the Agreement represented by Pima
County and Town of Marana.
PIMA COUNTY.
FOR Karen S. Friar, Deputy County Attorney
TOWN OF MARANA:
Frank Cassidy, Town Attorney
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 Urban Agreement or the ability of the County of Pima to be the applicant for funding as an Urban
County under Title I of the Housing and Community Development Act of 1974, as amended.
FOR Karen S. Friar, Deputy County Attorney
Pima County Attorney's Office
Civil Division
108963 / 00371480 / v5