HomeMy WebLinkAboutRes 2020-29 RESOLUTION NO. 2020-29
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE FIRST
AMENDMENT TO A COOPERATION AGREEMENT WITH
MARICOPA COUNTY, ARIZONA, RELATING TO CONTINUED
PARTICIPATION IN THE COMMUNITY DEVELOMENT BLOCK
GRANT PROGRAM.
RECITALS:
WHEREAS, the Town entered into a Cooperation 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
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 2021-22, 2022-23, and 2023-24.
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 "First 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 First 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 5th day of May, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Gi n�r Di key, Mayor lizabeth urke, Town eVikL
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REVIEWED BY: APPROVED AS TO FORM:
Gra y E. awn Manager Aaron D. Arnson, Attorney
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RESOLUTION NO. 2020-29 PAGE 2
EXHIBIT A
TO
RESOLUTION NO. 2020-29
[FIRST AMENDMENT TO COOOPERATION AGREEMENT
FOR CONTINUED PARTICIPATION IN THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH
MARICOPA COUNTY]
See following pages.
f
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.
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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. All 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 Chairman, Board of Supervisors
Attested to: Attested to:
Town Clerk Date Clerk, Board of Supervisors Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 and IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-952, THIS AMENDMENT NO. 1 HAS BEEN 11-251, AND 11-952, THIS AMENDMENT NO.
REVIEWED BY THE UNDERSIGNED 1 HAS BEEN REVIEWED BY THE
ATTORNEY WHO HAS DETERMINED THIS UNDERSIGNED ATTORNEY WHO HAS
AMENDMENT NO. 1 IS PROPER IN FORM DETERMINED THIS AMENDMENT NO. 1 IS
AND WITHIN THE POWERS AND PROPER IN FORM AND WITHIN THE
AUTHORITY GRANTED TO THE TOWN OF POWERS AND AUTHORITY GRANTED TO
FOUNTAIN HILLS UNDER THE LAWS OF MARICOPA COUNTY UNDER THE LAWS OF
THE STATE OF ARIZONA. THE STATE OF ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for the Town Date Deputy County Attorney Date
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