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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. 3 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 ��[!� � �U Qate APPR�VE❑ AS TD F�RM: ,�GtbY2� �7D�] C4�GD�QYI �Y' A� rey Jo7 � rcoran CSun 23, 2�28 16�53 17 PpT) ❑epi�ty Co�rnty Attdrney as1231zs Date 7