HomeMy WebLinkAboutRes 2026-17 - CDBG_Program�;��f.Y1lR1Y Y [11�����r�ar.�+y.r:sr►
A RE501.[lTIQN OF THE MAYUR AN❑ COtlNCIL �F THE TOWN OF
FDUNTAIN HILLS, MARIC�PA ��[INTY, AR[�UNA, APPRQVING
THE C�OPERATION AGREEMENT WITN MARICUPA CQUNTY,
ADMINiSTERED BY ITS HUMAN SERVICES ❑EPARTMENT, TO
ESTABLISH THE TOWN'S PARTI�iPATION IN THE MARIC�PA
COl]NTY iJRBAN CDUNTY PRQGRAM FDR THE [].5. DEPARTMENT
OF HDUSING ANU [IRBAN UEVEL�PMENT`S (HUD] C�MM[JNITY
UEVELDPMENT BL�CK GRANT PR�GRAM; AN❑ A[ITHQRI2[NG
THE MAYDR T❑ EXEC[]TE THE AGREEMENT.
WHEREA5, the Tawn of Fountain Hills participates in fedet•al �lot�sing and
cammuniry de�elopmer�t programs administered thraugh Maricopa County and
funded by the U.S. Department of Housing and Llr6an Develapment (HUi]]; and
WHEREAS, parti�ipation in these ��rograms requires the Tawn to enter inta a
Cooperatian �lgreeme�it with Marico�a �ounty ta estaulish eligibiliry and
participati�ii in HUD-futided programs, includi:ig the Communiry ❑eVelapment
Binck Grant �CDBG}, HOME In�estment Partnerships Prograrrt {H�ME], Emergen�y
Solutions Grant {E5G], and other related F�Ull programs; and
[NHEREA5, the proposed �aaperation Agreement estalalishes participation
for a ttiree-year periad effecti�e j�ily 1, 2fl26, co�eriilg Feder�l Fisc�l Years 2027,
2D�8, and 2�29;
1VDW, THEREF�RE, BE IT RESOLVED BY THE MAY�R AND C�UNCIL QF THE
TOWN ❑F FOLINTAIN HILLS, ARIZONA, as fallows:
SECTIUN �. `�'he Mayor and �aun�il herehy appra�e the Cooperation
Agreement with Maricopa County, in substantially the farm attached hereto as
F.xhibit A, fnr the Tawn's }aarti�ipatifln i�} H[]I)-Funded programs for rederal Fiscal
Years 2�Z7, 20Z8, and 2029, together with any non-substanti�e amendments or
admitlistrati�ve modifications necessary ta cai-ry aut the intent of the agreement.
SECTIDN 2. The Mayar of ttie Town ❑f Fotintain Hills is hei'eby autllorized
and directed t❑ execute the Coaperatiori llgreement and any associated do�uments
necessary to iniplemcnt the Town's participation in sticl� pi-ograms.
SFCTION 3. The �arinus Town officers �tzid et»pinyees are �ut}iari�ed and
directed to pertorm all acts necessary or desirable ta gi�e effect tc� this ResaluCion.
SECTI�N 4. This Resolutian shall become eFfecti�e immediately upon its
passage and adaptian hy the "f'own Cotincil oFthe Town nF Hountain Hills, Aa•i�ona,
ail[1 its appi-o�al by the Mayor and attestatian by the Towzl C1ei-k.
PA55E❑ ANU ADOPT�D k�y the M�y�r �nd C�uncil �f the Tawn �f Fountaiil
Hilis, Arizona, this 1Gth day of June, 202G.
FOR THE TQWN Q�' FQ[1NTA1N H[LLS: ATTESTEU TD:
���
� ayor Tawn C�e�
R�VIEWED B
Town Manag r
APPR�VED AS TQ FQRM:
: � � �--� � ,-�
To Attarney �
ExH1BIT A
T❑
RE50LUTI�N N0. 2026-17
Caaperatian Agreement Betwee�� Mari�opa Cnu�zty arid the 'I'own �F Fountain Hills
far a Cammunity Qe�elopment Slack Gratit Program
See following pages
C-2�-26-044-X-D�
Board Appraved 612412�25
A COOPERATI�N AGREEMENT BETWEEN MARICOPA C�IJNTY
AN❑
PARTICIPATING MUNiCIPALITY
F�R A C�MMUNITY DEVELDPMENT B�DCK GRANT PROGRAM
TH15 AGREEMENT is made and entered into this 24th day of June, 2026 by and between
Maricopa County, a political subdi�isian of the State of Ari�ona, hereinafter called
"Cour�ty", and the Town of Fountain Hills, located in the County of Maricapa, hereinafter
called "Municipality"; used individually or �olle�tively, hereinafter called "Party" or
"Parties".
WITN�SSETH
Whereas twa laws ha�e been enacted, Public Law 93-383, the Housing and
Commur�ity ❑evelopment Act af 19?4, Title I as amended, and Public �aw 1Q1-6Z5,
HOME Investment Partnership Act at Title �E ❑f the Crans4on-Gonzales National
Af#ardable Housing Act of 199a, as amended; hereafter called "tfi�e Acfs"; and
Whereas the County, as an "Llrban County", as that term is used in the Acts, is
eligible to receive funds under the Acts, has fi�al responsibility for selecting Community
❑evelopment Block Granf �C�BG}, H�ME 1n�estment Partnerships Program (HOME}
and Emergency 5olutions Grant {ESG} activities, and is authorized t❑ undertake ar to
�55tSt in the undertaking of essential community development and housirig assistance
activities which shali be funded from annual CDBG, HOME and ESG grants fr�m Federal
Fiscal Years 2Q27, 202$, 2029 a�pr�priations and from any program income generated
fram the expenditure pf such funds, and
Whereas the C�BG, H�ME and E5G regulations issued pursuant to the Acts
provide that qualified Urban Counties must submit a Consalidated Plan and Annt�al Action
Plans hereafter cailed "Plan" or "Plans", and Consolidafed Annual Performarice and
Evaluation Reports (CAPERs} to the U.S. �epartment of Housing and Urban
Develapment �Hl1D} far use of funds and khat cities and towns within the metrapolitan
area not qualifyirsg as metropolitan �ities may join the County in said Pians and CAPERs
and thereby become a part of a mare comprehensive Urban County effort.
N�W THERE�ORE, the Caunty and Muni�ipality agree as follows:
This Agreem�nt shall �aver the C�BG Entitiement program, the HDME Investment
Partnership �H�ME} and Emergency 5olutions Grants {ESGJ Programs.
2. The period �f performance af this Agreement sha41:
a. fie for the Federal Fiscal Years �Q27, 2028 and 2029, (July 1, 2Q�6 through
June 3D, 2D29} under the pian which shall commence an the date of HLl❑
approvai of the County's Annual Ac#ian Plan; and
b. Remain in efTe�t untif the C�BG, HQME and ESG funds and the pragram
income recei�ed with respe�t t❑ a�tivi#ies carried out during the #hree-year
qualification period and any successive qualifica#ion periad, if applicable, are
exp�nded and the funded acti�ities, including all rep�rting requirements,
completed.
�. The County and the Muni�i�ality �annat terminate or withdraw fram the
cflaperation agreement while it remains in effect. Subject ta renewal in
Paragraph 3, #his Agreement shail remain in eff�ct uritil eith�r funds are
expen�#ed, or the fundeaf activities are compketed, ar the three-year period has
concluded, wY�ichever accurs first.
3. Autamatic Renewal:
a. The Agreement may be automatical[y renewed, hy amendment, for
participation in one successive three-year qualificatian peri�d U�lIE55 the
Caunty ar tfie Municipalify provides written notice electing not ta participate in
a new qualificatian period, The Agreement may be in pla�e for anly a maximum
af six years [two qualification periods} before the Parties must re-autharize and
re-�xecute a new agreern�nt.
b. By the date specified in tt�� HU❑ Urban Caunty Qualification Natice for the nex#
quafification peri4d, the County shall natify the Municipality in writing of the
Municipality's right not to participate.
c. A capy of the County's notifi�ation to th� Munici�ality will be sent to khe HU❑
Field �ffice #�y the date specified in 5ection II of the HLJ�'s urban county
qualification schedule.
d. Failure by either Party ta adopt amendment{s} ta this Agreement as may �e
required by HUD to mee# any n�w Urban County Qualification requirement{sJ
far subsequent qualifi�ation �y�les, wi�er� applicable, ❑r to submit such
amendrr-�ent to FiiJD hy the due date, wil! void the automatic renewal of such
qualificatian periad.
4. The County and the M�kni�ipality agree to caoperate to undertake, ar assist ii}
undertaking, essential community r�newal and lower in�ome housing assistanc�
activities as appraved and authariz�d b�fween Parties in the CDBG Agreements,
including the Cansofidated Plan.
5. 7he Caunty and the Municipality shalk take all actions necessary ta assure
corxrpliance with t�e County's certificatian under Sectian 1�4{�} af Title I af tk�e
2
Housing and Cammunity ❑evelopmeni Act of 1974. The grant wili be �onducted
and administered in �onformity with;
a} Title VI af the Civil Rights Act vf 1964, and the impkementing regulations at 24
C. F. R. Part 1}; and
h} the Fair H�using Act, the implementing reguiatians at 24 �.F.R. Part �OQ, and
the obligatiQn t� affirmatively further fair h�ausing (AFFH}; and
c} 5ection 1�9 of Title I af the Housing and Community ❑evelopment Act of 1974,
and the irn�lementing regulations at 24 C.F.R. Part 6, whi�h in�orporate:
• 5ection 5�4 af the Rehabilitation Act of 1973, and the implern�nting
regulations a# �4 C.F.R. Part S;
■ Title If of the Americans with ❑isabiiities Act of 1974, and the implementing
regulations at 28 C. F. R. Part 35;
• the Age ❑is�rimination A�t af 1975, and the implemer�ting reguiations at 2�4
C.F.R. Part 14G;
• Section 3 of khe Housing and Llrban Development Act of "1968;
• Uniform Relocation Assistance and Real Pr�perty Acquisitivn Pol�cies Act
�f 197a, and the impiementing regulations a# 49 C F.R. �art �4;
■ Sectian 1D4{d} ❑f Hvusing and Community ❑e�elopment A�t of 'l974, and
the implemen#ing regulafions at 24 C.F.R. Part 42; and
d} Otk�er applicable laws
6. The Parties agree that Urban Cauniy fun�ing in nQ event wili be used far activities
iri, or in suppart of, any �ooperating unit of general IocaE gavernment that irripedes
the Caunty's actions to compiy with the Co��r�ty's fair hausing certification and duty
to affirmatively further fair hausing.
7. The County and the Muni�ipality recagniz� that pursuant ta 24 C.F.R. section
57� 501(h}, the Municipafity is subj��t to the same requirements applicable ta
subrecipient�, including the requirement for a writt�n ag�e�ment as des�ribed in
��4 C.F.R. sectian 570.503.
8. The Caunty and the Muni�lpality re�agniz� that:
a. The Caunty is the governmental entity requir�d to ex�cut� any grant agreement
received pursuant ta its Plan, and that the County shafl thereby become legally
liable and responsible theret�n�er fpr the prvper performan�e of the Plan and
program.
h. The County has final responsibiiity far selecting C�BG, HOME, and �SG
activities and submitting fhe Carrsolidated Plan to HU❑ for the County and the
HOM� Cansortium.
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c. Further, the Municipality agrees to hoid the Caunty harmless from any loss,
damage or �iability that may arise �ut ❑f the performance or failure t❑ �arry out
the requir�ments of this pragram where the Muni�ipality has been given
responsibility over any aspect of the program by the County.
9. The County and t}�e Municipa�ity agree that a fully executed amendment ar
amendments to this Agreement shall be entered into ❑nly as required far the
purpose af complying with any grant agreement recei�ed �r r�guiatians issued
pursuant t❑ the Acts.
�0. The Caunty and Municipality agree ihat the terms, conditians and abligations of
this Agreement are enfor�ea�le and s�all remain in effe�t until such time as the
Agreement is not renewed �Oursuant to Paragraphs � and 3. Notwithstanding the
#oregoin�, if any actiQn is taken by any federal agency or ir�strumentali#y to
suspertd, decrease ❑r terminat� its fiscal obEigation affecking the capaci#y �f the
Parties to cantinue this Agreer�nent, the Parties may amend, suspend, decrease
❑r terminate its ablEgations und�r or in connectian with this Agreement.
11. This Agreement Is subject to the provisions of A.R.S. � 38-511.
12. Ta assist the Cotiniy in performing its functions uncier the Acts, there shall b� a
Community ❑evelapment Advisory Committee, hereafter �aEled "C[]AC",
authori�ed by the County Baard of 5�rpervisors consisting a# representatives #rom
the County districts and caoperating municipali#ies, CDAC's recommendatians
shall be advisary and shall nQt bind the Caunty.
�3. The County agrees to include the Muni�ipality In its Plans under tf�e Acts.
1�4, The �arti�ipat+ng Municipality understands and agrees that it:
a. May not apply for grants from apprapriations under the 5tate CDBG Programs
during the period in which it participates in the County's CaBG Program.
b. May receive a farmula aflocation under the H01111� Program only fhrough the
County. Thus, even if the Caunty does not receive a HDME farmula allocation,
t�e Municipality cannat form a HOME �ansartium with ❑ther local governments
and shall ��ot parti�ipate in a H�ME �onsortium except thraugh the County.
c. May receive a farmula allocatian under the E5G Program arily through the
County.
15. The Municipality has adopted and is enforcing:
a. A palicy prohibiting the use af excessiv� force by !aw enfarcement agen�ies
within its jurisdictian against any individuals engaged in non-violent civil rights
dernar�stratlons; and
�
k�. A palicy of enforcing applicabl� State and loca! laws against �hysically barring
entrance ta ar exit from a facility or locatian whi�h is the subject ❑f such non-
�iolent civil rights demonstrations within its jurisdi�tion.
16. 7he Munici�alify agrees that it shail be included in the Plan the County maices to
HUD for Title I Housing, ancf CaBG, r��ME and E5G funds, and that the
population of the Muni�ipa#ity shall be utilized alQng with the pap�flation of other
municipalities and the unincorporated areas of the County to qualify #he County at
{he population fevel necessary to be an Urban County as defined under the Acts.
�7. The Municipality agrees to undertake certain a�tions as determined by the County
to carry ❑u# a community development pragram and the apprQ�ed Consafida#ed
Plan andlor t❑ meet other requirements af the C�BG, HaME and E5G Programs
and other applicable laws. These actions include but are na� limited to:
a. Completion of a perfarmance report an an annual and five-year basis in a
farmat and by such deadlines as deterrnined by the County to be used in the
HUD require� CAPER.
18. The Municipalify agrees it shal( cooperate with the Cvunty in al! efforts hereun�er
and tha# it s}iall assist in doing a�y and all things required and apprapriafe ta
cQmply with the provisions af ar�y grant agreement re�eived by the County
pursuant to the Acts and regulations in �arrying out C�BG, H�ME and E5�
programs and the appraved Consolidat�d Plan, as well as ather applicable 5tate
and lo�al laws.
19. The undersigned Municipality hereby autharizes Maricopa Caunty to act on its
behaff and fo modify and amend this Goaperatian Agreement in any way required
in order to camply w#th federal statute or regulation.
20. Immigration law and regulatior�s certifications — The Pr�sident's Executive ❑rder
13465 of June 6, 2Qa8 and Arizona Re�ised 5tafutes [A.R.S.} section 41-4401,
requires all gavernment entities to ensure that eact� government entity, contractar
and st�bcontractar it c�nducts business w3th complies with federal immigration laws
and regulations that relate ta their employees and A.R.S. section 23-�14,
subse�tion A. All gov�rnmental entities, �endnrs, �ontractors and subcantra�tors
ML15T certify use of the F-Verrfy 5ystem established by the �epartment af
Homeland Security.
21. The undersigned Municipality understands that:
a. If any provision or portian of a provision of this Agreem�nt is determir�ed ta be
invalid or uner�forceable, it shafl �e deemed amitted and the remaining
provisions af this Agreeme►�t shal! remain in full forc� and effec#.
h. �xcept where �ederaf s#atutes apply, fhis Agreem�nt is governed �y and
cons#rued in accordance with the laws of the State af Arizana.
This Agreement canstitutes the entire agreement between fhe Parties with
respect ta the subject matter t�ereaf, and all prior agreements, representations,
statements and undertakings are hereby expressly cancelled.
2�. The Cvunty and the Municipality unders#and and agree that they may nflt sell,
trade, ar atherwlse transfer a!I or any portion af CDBG funds to a M�tropoiitan City,
lJrban Caunty, unit of general local government, or insular area that direc#ly or
indirectky rec�ives CDBG funds in exchange for any funds, credits, ❑r nan-federal
considerations, but must use such funcfs for ac#ivities eligible under T�tle I❑f the
Hausing and Cammunity Development Act ❑f 197�4, as amended.
23. The County and the Muni�ipality understand and agree this Agre�ment must be
authorized and signed by the governing bodies of Caunty and Municipality.
24. This Agreement, and any renewals an�lar amendments to the Agreement, may �e
ex�cuted En multiple �ounterparts, each ❑f which shall be deemed to be an original
but al! of which shall constitute ❑ne and the same agreement. This Agreement may
he exec�►ted by electronic {.pdf} signature, An electronic signature shall �e treated
as an ❑riginal signature far all purposes,
IN WITNESS WH�REO�, the P rti�s have caused the Coo�eration Agreerrtent #o h�
executed this _f� day of �� , ZD26.
TaWN OF F�UNTAiN HILLS MARICOPA COUNiY
BY ��
7vwn yor
,
_ - _ �::,. � - osr�5r2�
BY: �
Chair, 8oard of 5t�pervisors
ATTEST;
8Y: ��
Clerk af th ur►iL�ipality
���1��
Dat�
A77�5T:
1�u� C�a.�z�
�Y. Juan.raGarzaiJi�n2G O1fi111722P�i1
Clerk of tf�e Board
06�26�Z5
Date
The terms and provisiorts of this Agree�r�ent are fully authorized under Stat� and local
law and provide t#�e Caunty with the authority to undertake and assist in und�r#aking
essential cammunity develQprnent and housing assistartce a�ti�iti�s.
APPROVED AS TD F�RM:
�v: �� k_II_ ' �� �
A rney'far �'icipality
L
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Qate
APPR�VE❑ AS TD F�RM:
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�Y' A� rey Jo7 � rcoran CSun 23, 2�28 16�53 17 PpT)
❑epi�ty Co�rnty Attdrney
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Date
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