HomeMy WebLinkAboutRes 2026-17 - CDBG ProgramRESQLUTION N�, 2�26-17
A RESOLLITI�I� OF THE MAYDR AND C�LINCIL ❑F THE TOVNN OF
FDi]NTAiN HILLS, MARICOPA COUNTY, ARI20NA, APPROVING
THE C��PERATiON AGREEMENT �VITH MARCCOPA COUNTY,
ADMIIVISTEREU BY IT5 HiIMAN S�RVICES DEPARTMENT, T�
ESTABLISH THE TOWN'S PARTICIPATIQN IN THE MARICQPA
CO[]NTY []RBAN C�UNTY PR�GRAM F�R THE U.S. UEPARTMENT
❑F HDU'SCNG AN❑ i]RSAN DEVEL�PMENT'5 [HLID) COMMLINITY
DEV�LOPMENT ELDCK GRANT PR�GRAM; AN❑ Ai]THORIZING
THE MAY�R T❑ EXEC[ITE TH� AGREEMENT.
WHEREAS, the Town of Fou�ltai�l Hills parti�ipates in federal housi�lg and
community de�elopment programs administered through Maricopa Catinty atld
Fundecl by the i1.5. �epartment oF Housi��g and CJrhan iae�elQpme��t [HU[]]; and
WHEREAS, parti�ipatian in tllese programs requires the Town to etlter i:tC❑ a
CooperaCian f�greeme��t wit�1 Maricopa County to establish eligi��ility and
participation iil HCID-funded pr•agrams, i�iciuding the Community De�eiapment
Blnck Grant [CDBG], HOME In�estinent Partnerships Program [HOME], Eme�-geticy
Solutions Grant [ESG], and nther related HU❑ pragrams; and
WHEREAS, the propased Cooperation Agreement estabiishes parti�ipation
for a three-ycar period effecti�e ]uly 1, 20Z6, Lo�ering Fedei-al Fiscal Yeat-s 2027,
2028, and ZQ29;
IV�W, THEREFORE, BE IT RE50LVED BY THE MAYDR AND CDUNCIL �F TH�
TOWN OF F�UNTAIN HILLS, AR120NA, as follaws:
SECTI�N 1. The Mayor ancl Cauncil hereby approve the Cooperation
Agreement with Maricopa County, in substantially the form attached hereto as
Exhibit A, for the Town's participati�ti in HUU-ftinded proga•ams iar Federal Fiscal
Years 2flZ7, 2D28, and 20Z9, tagether with aily noil-substa:iti�e artieiidmenCs or
administrati�e modifi�atians necessary to carry out the inteilt of the agreemeilt.
SECTI�IV 2. The Mayar of the Tnw�i af FaunCain Hi]ls is here�y authQriaed
and dire�ted to execute the Caaperation A�reement and any assaciated documenCs
iiecessa:•y to implement t�ie Town's pa�•ticipation iii su�h pa•ograms.
S�CTI�N 3. The �ariaus Town off�icers and emplayees are autharized and
directed to perform al� acts :iecess�s•y ❑r desirable ta gi�e efFect to tlzis ]tesolutiori.
SECTI�N 4. Thss ResalLition sha�l laec�me effecti�e immediately Li}aan its
passage and adoption by the Towil Council of the Town af f ountaiil Hills, �rizana,
and its appro�al �y the Mayor and attestatian by the Town Clerk.
PASSE❑ AND ADOFTED by the Mayor and Council of the Town of Fountain
Hills, Arixona, this 1&th day af June, ZU26.
FQR THE TQWN QF FOUNTAIN HILLS: ATTESTED TO:
,��.,r�.�.r�� .��.�
Mayvr Town Clerk� �/�
REVIEWE❑ BY:
Town Man
APPRQ[iED AS TQ FDRM:
�g� ��
n Attorn�
� �►;�:ri:� � r:�
To
RES�LUTION N�. ��26-17
Coopei-atiai� Agreement Between Maricopa Ca�inty and the Tawn of Fauntain Hills
for a Community De�clopment Bl��k Grant Program
See Fnllawing pages
A C��PERATIDN AGREEMENT BETWE�N MARICDPA C�UNTY
ANO
PARTICIPATING IVIUNICIPALITY
FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PR�GRAM
TH15 AGREEMENT is made and entered into this 24th day af June, 2Q26 by and between
Maricapa County, a political subdivisian of th� Stat� af Arizana, hereinafter �alled
"Cvunty", and the Tawn af Fountain Hills, located in th� County ot Maric�pa, hereir�after
called "Muni�ipality"; used indi�idually vr callectively, hereinafter called "Party" ar
"Parties".
WITNESSETH
Whereas twa laws have been enacted, Public Law 93-383, the Hflusing and
Cammunity Develapment Act of 197�4, Title I as amended, and Public Law �0�-8�5,
HDME Investment Partnership Act at Title II af the Cranstfln-Gonzales Na#ional
Affardable Housing Act of 1990, as amended; hereafter called "the Acts"; and
Whereas the County, as an "Urban C�unty", as that term is used in the Acts, is
eligible #a r�c�iv� funds under tfi�e Acts, has final respansi�ility for selectin� Cammunity
❑evelopment Block Grant (C�BG}, HDME Investment Partnerships Program [H�ME}
and Emergency Solutions Grant (E5G} activities, and is autharized to undertake or t❑
assist in th� und�rtaking of essential cammunity develapment and housing assistanc�
activities which shall b� funded fram annual CDBG, HaME and E5G grants fram Federal
Fiscal Years 2Q27, 2028, 2�29 apprapriations and from any pr�gram incame ge�erated
from th� exp�r�diture af su�h funds, and
Whereas fhe CDBG, H�ME and ESG regulations issued pursuant ta the Acts
pro�ide t�af qualified Urban Cvunties must submit a Consolidated Plan and Annual Activn
Plans hereafter called "Plan" or "Plans", and Cansolidated Annual Performance and
Evaluation Reports (CAP�Rs} t❑ the U.S. ❑epartment ❑f Housing and LJrhan
Development �HtJD} €or use of funds and that citi�s and towns within the metro�Oolitan
area not qualifyin� as metrapolitan cities may join th� Gounty in said Plans and CAPERs
and thereby became a part of a more �omprehensive U rloan Gvunty effort.
N�W THEREF�RE, the Caunty and Munici�Oality agree as faflvws:
This Agreement shall ca�er the COBG Entitlement program, the H�IUIE In�estment
Partnership (H�ME� and Emergency Solutians Gran#s [E5G} Programs.
2. The perivd of performance af this Agreement shall:
a. Be far the Federal Fiscal Years 2Q27, 2Q28 and ZQ29, {July 1, ��2� through
June 3a, 2Q�9} under the plan which shall cammence on the date of HU❑
approvai af the County's Annual Action Plan; and
b. Remain in effect untii the CDgG, HQME and E5G funds and the program
incame recei�ed with respect to a�tivi#ies �arried ❑ut during the three-year
qualification period and any suc�essive qualification period, if ap�Olicable, ar�
expended and the funded activities, including all repor#ing requirements,
completed.
c. The Caunty and the Municipality �annot terminate or w�thdraw from the
cooperatian agreement while it remains in effect. Subject ta renewal in
Paragraph 3, this Agreement shall remain in effect until either funds are
exp�nded, ar the funded a�tivities are completed, or the three-year p�riod has
cancluded, whichever occurs first.
3. Automatic Renewal:
a. The Agreement may be autamatically rer�ewed, by amendment, far
parti�ipation in ❑ne successive three-year qualification perio� un�ess the
Cvunty or the Municipality pro�ides writt�n notice ele�ting nat ta participate in
a new qualification period. The Agreement may 6e in pla�� far only a maximum
vf six years �twa qualification periads} b�far� the Parties must re-authorize and
re-execute a new agreem�nt.
b. By the date specified in the HU❑ Urban Caunty Qualifi�atia� Notice for the next
qualification periad, #he Caunty shall natify ti�e Municipality in writing af the
Municipality's right nat ta participate.
c. A co�y af the County's notifica�ion to the Municipality will be sent tv the HL1D
Field affice by the date specified in 5e�tivn II of the HUa's urban caunty
qualification schedul�,
d. Failure �y either Party tv advpt amendment(s} to this Agreement as may �e
required by HLJD to mee# any new Urban County Qualification requir�ment�s}
f�r subs�qu�nt quali�icafion cycles, when ap�licable, ar to submit such
amendment ta HL1D by the due date, will void th� automatic renewal of such
qualifi�ation periad.
4. The Ca�nty and the Municipalify agree to cooperate t❑ undertake, vr assist in
undertaking, esser�tia! community r�n�wal and I�w�r incvme housing assistance
activities as approved and authoriz�d betw�en Parties in the CDB� Agreements,
including the Cansalidated Plan.
5. The Caunty and the Municipality shall take all actions necessary ta assure
�ampliance with the Caunty's certification under 5ection 1�4[b) of Title I�f the
�
Housing and Community Develvpment Act at 1974. The grant will be canductsd
and administered in conformi#y with:
a� Title VI of the Civil Rights Act vf 1964, and the implementing regulatiflns at 24
C. F. R. Part 1}; and
b} the Fair Housing Act, the implementing regulatians at �4 C.F.R. Part 10�, and
the obligativn ta affirmatively further fair housing �AFFH}; and
c} Section 1�9 of Title I of the Hausing and Community ❑e�elopment Act of � 974,
and t�e implementing regulations at 24 C.F.R, Part 5, which incarparate:
• 5e�tivn 5a4 af the Rehabilitatian Act of 1973, and the implementing
regulations at 24 C.F.R. Part 8;
■ Title II of the Americans with ❑isabilities Act vf 1974, and the implementing
regulations at 28 C.F.R. Part 35;
• the Age ❑is�riminatian A�t af 1975, and ths implementing regulatians at 24
C.F.R. Part 146;
• 5ection 3 of the Hgusing and LJrban �evelapment Act of � 968;
• Uniform Rela�ation Assistance and Real Praperty Acquisition Policies A�t
of 1970, and the implementing regulations at 49 C.F.R. Part 24;
■ 5ection 904{d) of Hausing and Communi#y �evefopment Act of 1974, and
the implemer�ting regulatians at 24 C.F.R. Part 42; and
d) ather applicable laws
6. The Parties agree that �rban County funding in n❑ event will be used for activities
in, ❑r in support af, any caoperating unit of general local ga�ernment that impedes
the County's actians to cQmply with the Caunty's fair housing certification and duty
to affirmatively further fair h4using.
7. The County and the Municipality recagnize that pursuant ta 24 C.F.R. section
57fl.5�1(b}, the Municipality is subject ta the same requirements applicable ta
subrecipi�nts, incEuding the requirement for a written agre�m�nt as described in
24 C.F.R. s�ctian 57Q.5Q3.
8. The County and the Municipality recagniae that:
a. The County is the gvvernmental entity required ta exe�ute any grant agreement
received pursuant ta its Plan, and that the Coun#y shall thereby be�ame legally
liable and res�onsi�le thereunder far the pr�per performance af the Plan and
program.
b. The Caunty has final respansibility far selecting C�BG, HOME, and E5G
ac#ivities and su�mitting the Consolidated Plan to HU❑ far the Caunty and the
H�M E Consortium.
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c. Further, ti�e Municipality agrees to hold the Caunty harm4ess from any loss,
damage vr liabiiity that may arise out of the performance ❑r failure to carry out
the requirements of this pragram where the Municipa4ity has been given
responsibility vver any aspec# af the pr�gram by the Cvunty.
9. The Caunty and the Municipality a�ree that a fully executed amendment ar
amendments to this Agreement shall be entered into only as required far the
purpase �f complying with any grant agreement recei�ed or regulations issued
pursuant to the Acts.
10. The County and Municipality agree that the terms, canditions and obligations af
this Agreement are enf�rceable and shall r�main in eff�ct un#il such time as the
Agreement is n�t renewed pursuant ta Paragraphs � and 3. Notwithstanding the
foregaing, if any a�tion is taken by any federal agency vr instrumentality tv
susp�nd, d�cr�as� or terminate its fis�al o�ligatian affe�ting the capacity a� fhe
Parti�s to continue this Agreement, th� Parties may amend, sus��nd, decrease
vr terminate its ahligations under or in cannectivn with this Agreement.
11. This AgreemEnt is subj�ct t❑ the provisians of A.R.S. § 3$-511,
12. Tv assisf the �ounty in performing its functivns under the Ac#s, there shall be a
Community ❑evelapm�nt Advisory Committee, hereafter called "CDAC",
authvrized by the Cvunty Board vf Supervisors consisting af representatives from
the County districts and �vaperating muni�ipalities. CDAG's recvmmendations
shall be advisory and shall not bind the County.
13. The Coun#y agrees to include the Municipality in its Plans under the A�ts.
14. The pa�ticipating Municipality understands and agrees #hat it:
a. May nat apply for grants from apprapriations under t�e State C�BG Pro�rams
during the perivd in which i# participates in the Caunty's C�6G Pragram.
b. May receive a#ormula allacatian under the H�ME Pragram anly thraugh the
County. Thus, even if the County daes not recei�e a HflME formula allocatian,
the Municipality cannat farm a H�ME consortium with ❑ther loca[ go�ernments
and shall not participate in a HOME cansartium except thraugh the County.
c. May receive a formula allocation under the E5G Pragram only thraugh the
cp�,�ty.
�5. The Municipality has adopted and is enfvrcing�
a. A pvlicy prohibiting the use ❑f excessive force hy law enforcemer�t agen�ies
within its jurisdi�tian against any individuals engaged in non-vialent �ivil rigY�ts
demanstrations; and
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b. A palicy of enforcing applicable 5tat� and local laws against physically barring
entrance ta ar exit fram a�acility ar Iocativn whi�h is the subje�t af su�h nvn-
vivlent civil rights demonstratians within its jurisdictian.
16. The Municipality agrees that it shall be included in the Plan the County makes to
HlJ❑ for Title I Housing, and C�BG, H�ME and ESG funds, and that the
population vf the Municipality shall be utilized along with the population of other
municipalities and the unincarporated areas af the Caunty t❑ qualify the County at
the populatian level necessary ta be an LJrban County as defined under the Acts.
97. The Municipality agrees to und�rtake certain actions as determined by the Caunty
to carry out a community de�elopment program and the appro�ed Cansolidated
Plan andlar ta meet other requirements of #he C�gG, H�ME and ESG Pr�grams
and other applicable laws. These actions include but are not limited t�:
a. Completian of a performanc� repart on an annual ar�d fi�e-year basis in a
fvrmat and by such deadlines as determined by the County ta loe used in the
HLJ❑ required CAPER.
18. The Municipality agrees it shall cvvperate with the Caunty in all effvrts hereunder
and that it shall assist in dving any and all things required and apprvpriate to
�omply with the pro�isions af any grant agreement recei�ed hy the County
pursuant ta the A�ts and regulations in �arrying ❑ut C�BG, H�M� and E5G
pragrams and the approved �onsvlidated Plan, as well as other applicable 5tate
and Ivcal laws.
19. The undersigned Municipality herehy authorizes Maricvpa County tv act on its
hehalf and to modify and amend this CQaperation Agreement in any way required
in vrder tv �omply with federal sta#ute or regulation.
2fl. Immigratian law and regulatians �ertifications — The President's Executive �rder
13465 af June 5, 2�a8 and Arizona Revised Statutes (A.R.S.� section 41-44fl1,
requires all gavernment entities ta ensure #hat each gavernment entity, contractor
and sub�Qntra�tor it conducts business with complies with federal immigration laws
and regulations that relate to their employees and A.R.S. sectian �3-214,
subsectian A. All governmental en#ities, vendars, c�ntractors and subcantractors
MUST certify use of the F-Verify 5ystem established by the Department af
Homeland Security.
21, The undersigned Municipali#y understands that:
a. If any pra�isivn ar pvrtian ❑f a provisiQn af this Agreement is ofetermined to be
inva}id or unenfarceable, it shal! be deemed vmitted and the remaining
provisions of ti�is Agreement sha�l remain in full force and effect.
b. Except where Federal statutes apply, this Agreement is go�erned by and
construed in accordance with th� laws of the Sta#e of Arizana.
c. This Agreement constitutes the entire agreement between th� Parties witr
respect to the subje�t matter herevf, and ail prior agreements, representatians,
statemer�ts and undertakings are hereby expressly cancelled.
2�. The C�unty and #he Municipality understand and agree that they may nat sell,
trade, ❑r athe�wise transfer all ar any portion af C�BG funds tfl a Metropolitan City,
Urban County, unit af ger�eral lacal government, or insular area #hat directly �r
indirectly recei��s COBG funds in exchange for any funds, credits, or nan-federal
cansiderations, but must us� such funds for acti�ities eligible under Titie I of th�
Hausing and Cammunity De�efopm�nt Act of �974, as amended.
23. The Caunty and the Municipality understand and agree this Agreement must be
au#horized and signed by the ga�erning bodies of County and Municipality.
24. This Agreement, and any renewals andlvr amendm�nts ta #he Agreem�nt, may be
executed in multiple caunterparts, each af wh�ch shall b� d�em�d ta be an ❑riginaE
but all vf whi�h shal! �anstitute ane and the same agreemen#. This Agreement may
be executed by ele�trani� {.pdf} signature. An electroni� signature shall be treated
as an ❑riginal signature for all purposes.
IN WkTNESS WHEREaF, the P rties have caused the Coaperatian Agreement ta be
executed this �� day ❑f � � , 2a26.
TOWN OF FOUNTAIN HILLS MARICDPA COLJNTY
BY: �'��
Tawn yar
ATTEST:
BY: ��� �
Clerk ❑f th urr�ipality
�%r���
Date
BY:
Chair, Board of Supervisars
ATTEST:
BY:
Clerk af the Board
�ate
The terms and provisions af this Agreement are fully authorized under 5tate and local
law and pravide the County with the authority ta undertake and assist in undertaking
essential cammunity de�elapment and hausing assistance activities.
APPRflVED A5 T� F�RM:
gY: � �_It 1�_�
A rney for �icipality
u
����� ��
❑at�
APPR�VE❑ AS TO FORM:
�
❑eputy County Attarney
❑ate
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