HomeMy WebLinkAboutResolution 95-183 Pima county cooperative intergovernmental agreement relating to CDBG an the Home programF. ANN
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P I1" fA CO CLERK RK OF° THE :: BOARD
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AZ 85 701
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RESOLUTION NO. 1995 - 183
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PIMA AUTHORIZING THE
BOARD OF SUPERVISORS TO ENTER INTO AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT
WITH THE TOWN OF MARANA FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP PROGRAM PURPOSES.
WHEREAS, the County and the Town of Marana 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, 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, the County and the Town of Marana are public agencies under the
Provision of Sections 11 -951 et seq. of the Arizona Revised Statutes, and each
is authorized by law to enter into joint powers agreements; and
WHEREAS, the County and Town of Marana are individually authorized by law to
engage in housing and community development activities; and
WHEREAS, the County and the Town of Marana do hereby find and detewmine that it
is to the best interest of the residents of the unincorporated areas of the
County and 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 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 this 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, that the County of Pima does enter into an
Intergovernmental Cooperative Agreement with the Town of Marana for CDBG and
HOME Program purposes.
PASSED AND ADOPTED by the Board of Supervisors of Pima County this 5th day of
Ju1v
Chaff man ' 4 JUL x '5.1995
�.
APPROVED AS TO FO :
k�,. �J4.,
Deputy County Attorney
e
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INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE
i
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND _, - -- - - -- - - -- - -
HOME INVESTMENT PARTNERSHIP PROGRAM
THIS AGREEMENT made and entered into this 5th day of July
1995, by and between the County of Pima, a political subdivision of the State of
Arizona, hereinafter referred to as the "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."
WITNESSETH:
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; and
WHEREAS, the County and the Town are public agencies under the Provisions of
Sections 11 -951 et sea. of the Arizona Revised Statutes, and each is authorized
by law to enter into joint powers agreements; and
WHEREAS, the County and the Town are individually authorized by law to engage in
housing and community development activities; and
WHEREAS, the County and the Town do hereby find and determine that it is to 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; and
WHEREAS, it is mutually beneficial to each of the parties hereto for the 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, IT IS AGREED 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 delegated the
power to plan and undertake community development projects within its
jurisdiction and will have the final responsibility for selecting all CDBG
10082 462
and HOME projects in accordance with the approved Community Development
and Housing Consolidated Plan.
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.
S. 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 5th day of Ju 1v 1995, shall be the effective date
of this agreement and remain in force for three years. This Agreement
covers CDBG and HOME Program funding for Federal Fiscal years 1996, 1997,
and 1998. This Agreement shall 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.
County and Town may not terminate or withdraw from this Agreement while
the Agreement remains in effect.
7. The Town and the County recognize that the County shall be the
governmental entity required to execute any grant agreement received
pursuant to its 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
_I__O_Q 8 2 _ _.__4.6.3 ___ _ -
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
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.
100 82 ;464
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to
be executed the 5th day of July _ 1995.
PIMA COUNTY BOARD OF SUPERVISORS
Chairman, Board of Supervisors
JUL = 5 1995
U
k, Bca
REVIEWED BY:
of Supervisors
TOWN OF MARANA
Mayor
Director, Communi Services Dept.
APPROVED AS TO FO
Deputy County torney
I have reviewed this contract and
have determined that it is in
appropriate form and within the
powers and authority granted to the
County.
This contract is subject to the
provisions of A.R.S.638 -511.
BY: % %���
I have reviewed this contract and
have determined that it is in
appropriate form and within the
powers and authority granted to the
Town of Marana.
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MEMORANDUM OF UNDERSTANDING
On July 5, 1995 Pima County and the Town of Marana entered into an Intergovernmental
Cooperative Agreement for the Community Development Block Grant Program and the
Home Investment Partnership Program. The agreement included the statement "this
contact is subject to the provisions of A.R.S. 38- 511 ".
In order to comply with federal regulations Pima County and the Town of Marana agree
not to exercise any right to cancel this Agreement which the parties may have pursuant to
Arizona Revised Statutes Ann. 38 -511.
ATT
Chairman, Board of Superv JUL 5 1935-
� l
fey i<, 431d :,f Supervisors
pir Co�_A, -ty, Arizona
Mayor, Town of Marana