HomeMy WebLinkAboutResolution 2004-030 IGA with pima county for CDBGMARANA RESOLUTION NO. 2004-30
RELATING TO HOUSING; AUTHORIZING THE TOWN OF MARANA, ARIZONA, TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR
THE COMITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME
INVESTMENT PARTNERSHIP PROGRAM.
WHEREAS, the 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 agreement in order to meet
the requirements of the Housing and Community Development Act of 1974 and subsequent
amendments; and
WHEREAS, the 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, the 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 o£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 intergovernmental agreement in accordance with the
terms and conditions hereinaRer provided and subject to local ordinance and State and Federal
law.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCI]~ OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The intergovernmental government between the Town of Marana and Pima
County attached to and incorporated by this reference in this resolution as Exhibit A is hereby
authorized and approved.
SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town
Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana.
SECTION 3. The Town Manager, Town Attorney and other Town staffare hereby
authorized to undertake all other tasks required to carry out the terms, obligations, and objectives
of said Exhibit A.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of
Marana, Arizona, this 16th day of March, 2004.
Mayor B~b~tSut(on, Jr.
ATTEST:
nson, Town Clerk
APPROX~ED AS T,,O FORM:
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H:\FrankC~20040316~Council Mtg\PC CDBG Reso
RESOLUTION NO. 2004-
RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA AUTHORIZING
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 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 Program and Home Investment Partnership
Program is hereby approved; and
2. The Chair 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
DAY OF ,2004
PIMA COUNTY, A Body Politic & Corp
ATTEST:
Chair, Board of Supervisors
APPROVED AS TO FORM:
Deputy County Attorney
Clerk of the Board
EXHIBIT A
F. ANN ROE UEZ, RECORDER OCKET: 12317
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RECORDED BI:
J V PT
01 P1
'V
PAGE:
3571
DEPUTY RECORDER
47
co NO. OF PAGES: 8
4437 PE3 SEQUENCE: 20041090518
P0230
06/07/2004
PIMA CO CLERK OF THE BOARD RES 16:05
PICKUP
PICKUP
-AMOUNT PAID -- $ 0..-00
RESOLUTION NO. 2004- 13 0
RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA AUTHORIZING
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
anotherforjoint 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 BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, as follows:
1 . The IntergovernmentalCooperative Agreement between Pima County and the Town of
Marana for the C - ommunity Development Block Program and Home Investment Partnership
Program is hereby approved; and
2. The Chair 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 ist DAY OF
PIMA COUNTY, A Body Politic & Corp
Chair, Board of Supervisors JUN 2004
APPROVED AS TO FORM:
-P? ??
Deputy County Attorney
EXHIBIT A
CERTIFIED
RMANA
Original ? COPY
Adoptod by Caundlma???
a-A
Or& Inm Resolution #-2Wy-:-50
ate
MARANA RESOLUTION NO. 2004-30'
RELATING TO HOUSING; AUTHORIZING THE TOW-N OF MARANA, ARIZONA, TO
ENTER INTO AN IN'TERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR
TBB CONM4UNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME
INVESTMENT PARTNERSHIP PROGRAM.
WHEREAS, the County and Town may contract for services and enter into agreements
with one another forjoint or cooperative action pursuant to A-R. S. § 11 -951, et seq.; and
WHEREAS, it is necessary to enter into an intergovernmental agreement in order to meet
the requirements of the Housing and Community Development Act of 1974 and subsequent
* i
amendments; and
WHEREAS, the County and Town desire to engage in housing and community
development activities as authorized under the Housing and Commi unity Development Act of
1974 a n-d subsequent amendments; and
WHEREAS, the 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
(HLJD) 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 pTovisions of the intergovernmental 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, AS FOLLOWS:
SECTION 1. The intergovernmental government between the Town of Marana and Pima
County attached to and incorporated by this reference in this resolution as Exhibit A is hereby
authorized and approved.
J
SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town
Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana.
SECTION 3. The Town Manager, ToIAM Attorney and other Town staff are hereby
authorized to undertake all other tasks required to carry out the terms, obligations, and objectives
of said Exhibit A.
PA?SED, ADOPTED, and APPROVED by the Mayor and Council of the Town of
Marana, Arizona, this l6th day of.March, 2004.
Mayor B66byrSudon, Jr.
ATTEST:
?J.oce*lC. Bronson, Town Clerikk
FC/eds
FORM:
7
HAFTank-C\20040316\Council Mtg\PC CDBG Reso
I ?CONTRACT I
N 0.
AMENONIEN-1 NO,
This n u m c e:* r? ? -,,, -,1 - ?, a- a r on all
invoices, co ES 210 1 21=? -^.e and
?s o s r t a i n r this
Intergovernmental Cooperative Agree
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
2004, by and between the County of Pima, a body politic and cor
Arizona, hereinafter referred to as "County," and the Town of Marana, a mt
the State of Arizona, located within the boundaries of the County of Pima, I
as "Town."
RECITALS
A. WHEREAS County and Town may contract for services and enter into
another forjoint or cooperative action pursuant to A.R.S. § 11 -951, et seq.
into this _ day of
porate of the State of
inicipal corporation of
iereinafter referred to
with one
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 1 74 and subsequent
amendments. I
C. WHEREAS County and Town are individually authorized by law to en age in housing and
community development activities. g
D. WHEREAS County and Town do hereby find and determine that it is in t e 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 Cou ty to administer and
execute the provi - sions 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 --onsideration of the A
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 Arizona, and the terms and conditions provided
herein. In this respect, the Town agrees that the County is hereby de egated the power to
plan and undertake community development projects within its jurisdiciion 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 2004 , shall be the effective date of Agreement, which shall remain
in force for three years. This Agreement covers CDBG and HOME Program funding for
Federal Fiscal years 2005, 2006, and 2007. 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 fL 11 responsibility for the
execution of the community development program, for following its C onsolidated Plan, and
for meeting the requirements of other applicable laws (e.g., Nationa Environmental Policy
Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil M )hts Act of 1964, Sec.
504 of the Rehabilitation Act of 1973, Sec. 109 of the Hou ing 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
included in every contract of a political subdivision of the State of
parties must comply with all applicable provisions of Arizona Exe(
amended by Executive Order 99-4 [relating to non-discrimination].
A.R.S. § 38-511 be
izona and that both
tive Order 75-5, as
THIS SPACE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereto have caused this Coo
executed the _ day of 2004.
PIMA COUNTY BOARD OF SUPERVISORS
Chair, Board of Supervisors JUN 1 2004
ATTEST:
Cleek,-66irdbf Supervisors
REVIEWED BY:
,ptKr, C - munity Services Dept.
om
Pursuant to A.R.S. §11-952, the undersigned,
Pima Countys 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.
Paula Wilk
Typed Name of Legal Counsel
2-79j-,/
Signiture of Legal Counsel
TOWN OF MARANA
Mayor
ATTEST:
Agreement to be
Pursuant to A.R.S. §11-95 , the undersigned,
Town of Marana's legal Co insel has determined
that the above agreement i s in proper form and is
within the powers and auth )rity granted under the
laws of the State of ArizonE to the Town of Marana.
Frank J. Cassidy
Typed Name of Legal Counsel
OPINION OF DEPUTY COUNTY ATTORNEY
INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE
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.
---T.2"L
Deputy County Attorney
Civil Division