HomeMy WebLinkAboutResolution 2016-087 Approving IGA for the Community Development Block Grant Program for FY 2017-2019MARANA RESOLUTION NO. 201.6-087
REI:..ATING To COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AMENDMENT ONE TO THE 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 201.7 -2019
WHEREAS Pirna County and the Town of Marana may contract for services and enter
into agreements with one another for joint and cooperative action pursuant to A.R.S. § 1.1 -951, et
seq. ; and
WHEREAS on June 7, 2016, the Town Council approved Resolution 2016 -055,
authorizing the Mayor to execute an intergovernmental agreement (IGA) between Pima County
and the Town of Marana to meet the requirements of the Housing and Community Development
Act of 1974 and subsequent amendments to obtain federal funding for the Community
Development Bloch Grant Program (CDBG) and the HOME Investment Partnership Program for
federal fiscal years 2017, 2018, and 2019; and
WHEREAS Pima County and the Town of Marana desire to amend the
intergovernmental agreement of June 7, 2016 because the Department of Housing and Urban
Development (HUD) requested a formatting change and a change of term dates; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the public to approve the amendment to the IGA.
NOW rFI:IEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL of THE
TOWN OF MARANA, ARIZONA, that Amendment one to the intergovernmental agreement
between Pima County and the Town of Marana for the Community Development Block Grant
(CDBG) Program and HOME Investn -ent Partnership Program for Federal Fiscal Years 2017-
201.9, attached to and incorporated by reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the
rl , own of Marana.
IT IS FURTHER RESOLVED that the rI "own'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 aforementioned amendment to the intergovernmental
agreement.
Marana Resolution No. 2016 -087
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 6th da of September, 2016.
9 MAAA 7 Ma Ed Honea
ATTEST: 10 ot4l APPROVED AS TO FORM:
c l Bronson, Town Clerk Fr Cas i y , Town o e
00048495. DOC 11
Marana Resolution No. 2016-087
-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, 2017 — June 30, 2020
Amount:
No Cost
Funding:
U.S. Department of Housing and Urban Development
Federal Contract No.
N/A
Award Date:
N/A
Pima County Contract No.
CTN -CD -16 *187
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 ") entered into the above - referenced Agreement 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.
AMENDMENT ONE
RECITALS
A. On June 21, 2016, County and Town submitted the Intergovernmental Agreement ( "IGA" or "Agreement ")
to HUD seeking approval as an Urban County for receipt of Community Development Block Grant
( "CDBG ") and HOME Investment Partnership Program ( "HOME ") funds for federal fiscal years 2017,
2018 and 2019.
B. HUD reviewed the Agreement and did not approve the Agreement as written and executed by County and
Town.
C. In order to receive HUD approval of the Agreement and, therefore, receive funding as an Urban County, it
is necessary to amend the Agreement to include specific language requested by HUD.
NOW, THEREFORE, the parties agree to amend the IGA as follows:
1. SECTION 1.0, TERM, EXTENSIONS AND AMENDMENTS, is amended as follows:
1.1. Paragraph 1.1 is amended to change the term of the Agreement:
FROM: July 1, 2016 through June 30, 2019
TO: July 1, 2017 through June 30, 2020
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1.2. Paragraph 1.5 is deleted in its entirety and replaced with the following:
This Agreement will remain in full force and effect until the CDBG and /or HOME funds, and
program income received (with respect to activities carried our during the three -year term of this
Agreement, and any successive qualification periods) are expended and the funded activities
completed. Neither County nor Town may terminate or withdraw from this Agreement while it
remains in effect.
1.3. Paragraph 1.3 is amended to add:
Periodically, statutory or regulatory changes may require the Parties to amend this Agreement to add new
provisions. The Parties may draft a separate amendment to this Agreement to include the new provision(s)
rather than drafting a new cooperation agreement that contains the new provisions.
2. SECTION 2.0, SCOPE OF SERVICES, Paragraph 2.4.5 is added to read:
2.4.5. Town and County agree to:
2.4.5.1. Cooperate to undertake, or assist in undertaking, community renewal and lower - income
housing assistance activities;
2.4.5.2. Take all actions necessary to assure compliance with the urban county's certification
under section 104(b) of Title I of the Housing and Community Development Act of 1974,
as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and
affirmatively furthering fair housing; and
2.4.5.3. Comply with Section 109 of Title I of the Housing and Community Development Act of
1974, which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age
Discrimination Act of 1975.
3. SECTION 3.0, FUNDING is amended as follows:
3.1 Paragraph 3.5 is added to read:
3.5 CDBG or HOME funds provided to the urban county may not be used for activities in, or in
support of, any cooperation unit of general local government that does not affirmatively
further fair housing within its own jurisdiction or that impedes the county's actions to comply
with the county's fair housing certification. Failure to comply with this provision may
provide cause for funding sanctions or other remedial actions by HUD.
3.2 Paragraph 3.6 is added to read:
3.6 Town may not sell, trade, or otherwise transfer all or any portion of such funds to another
such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular
area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-
Federal considerations. CDBG funds must be used for activities eligible under title I of the Act (see
Consolidated and Further Continuing Appropriations Act, 2015, Pub.L. 113 -235.)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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4. SECTION 11.0, NON - APPROPRIATION, is amended to change "Notwithstanding any other provision
in this Agreement" in the first sentence to read;
"Except as provided in Paragraph 1.5,"
All other provisions of the Agreement, not specifically changed by this amendment, shall remain in effect
and be binding upon the parties.
THIS AGREEMENT MAY BE EXECUTED IN COUNTPARTS
PIMA COUNTY TOWN OF MARANA
Chair, Board of Supervisors
Date:
ATTEST
Ed Honea, Mayor
Date:
ATTEST
Clerk of the Board Town Clerk
Date:
APPROVED AS TO CONTENT:
Director, Community Development
and Neighborhood Conservation
APPROVED AS TO FORM:
Karen S. Friar, Deputy County Attorney
Frank Cassidy, Town Attorney
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