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HomeMy WebLinkAboutRes 2023-10RESOLUTION NO. 2023-10 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, APPROVING THE SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY, ARIZONA, RELATING TO CONTINUED PARTICIPATION IN THE COMMUNITY DEVELOMENT BLOCK GRANT PROGRAM. RECITALS: WHEREAS, the Town entered into a Intergovernmental Agreement (the "Agreement") with Maricopa County, a political subdivision of the State of Arizona (the "County'), for participation in the Community Development Block Grant Program on June 30, 2017 (and Amended via Amendment No. 1 thereafter); and WHEREAS, the Town and the County desire to continue its participation with Maricopa County for the next period of performance for the federal Fiscal Years 2023-24, 2024-25, and 2025-26. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town, through its Mayor and Council, hereby approves the Amendment to the Agreement (the "Second Amendment") in substantially the form attached hereto as Exhibit A. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Second Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 4th day of April, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginn Dick ayor �-} Li .a Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael oo in, Interim Town Manager n 0. A. A , nlittorney RESOLUTION NO. 2023-10 PAGE 2 EXHIBITA TO RESOLUTION NO. 2023-10 [SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR CONTINUED PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH MARICOPA COUNTY] See following pages. CONTRACT NO. C-22-17-065-3-01 Amendment 1 AMENDMENT NO. 1 TO THE COOPERATION AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE TOWN OF FOUNTAIN HILLS Maricopa County ("County") by and through the Maricopa County Human Services Department and the Town of Fountain Hills ("Town") entered into a non -financial three (3) year Cooperation Agreement ("Agreement") on or about August 23, 2017. The effective period of the Agreement was federal fiscal years 2018, 2019, and 2020. The purpose of the Agreement was to establish the Town's participation in U. S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Entitlement, HOME Investment Partnerships Program (HOME), Emergency Solutions Grants (ESG), and other HUD -related programs. The County and the Town are collectively referred to as the "Parties." II. The Parties wish to amend the Agreement as follows: A Renew the Agreement under the automatic renewal clause in Paragraph 3 for an additional three years, federal fiscal years 2021, 2022, and 2023. B. In accordance with HUD Community Planning and Development Notice CPD-20- 03 issued March 9, 2020: 1. Delete paragraph 5 in its entirety and substitute it with the following: The County and the Municipality will take all actions necessary to assure compliance with the County's certification under Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing. The Parties also will comply with Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, which incorporates Section 504 of the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, as amended, as well as, the Americans with Disabilities Act of 1990 and all other applicable laws. III. This Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. This Amendment may be executed by facsimile or electronic (.pdf) signature and a facsimile or electronic (.pdf) signature shall constitute an original for all purposes. 1 CONTRACT NO. C-22-17-065-3-01 Amendment 1 IV. The Agreement is amended to incorporate the changes contained in this Amendment No. 1. Al other terms and conditions of the Agreement remain the same and in full force and effect. V. This Amendment No. 1 shall be effective on the date of final approval and signature by the Parties. VI. The terms of the Agreement as amended are fully authorized under state and local law and provide the County with the authority to undertake, or assist in undertaking, essential community renewal and lower -income housing assistance activities. IN WITNESS, the Parties have approved and signed this Agreement: APPROVED BY: APPROVED BY: THE TOWN OF FOUNTAIN HILLS MARICOPA COUNTY Mayor Ginny Dickey Attested to: Town Clerk Chairman, Board of Supervisors Attested to: Date Clerk, Board of Supervisors Date IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 1 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE TOWN OF FOUNTAIN HILLS UNDER THE LAWS OF THE STATE OF ARIZONA APPROVED AS TO FORM: Attorney for the Town IN ACCORDANCE WITH AR.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 1 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Date Deputy County Attorney 2 Date