EL MIRAGE AMENDMENT 2 COOPERATIVE AGREEMENT.PDF

CONTRACT NO. C-22-11-064-3-02 Amendment 2
AMENDMENT No. 2 TO THE
COOPERATIVE AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND THE CITY OF EL MIRAGE
I. Maricopa County (“County”) by and through the Maricopa County Human Services Department and
the City of El Mirage (“City”) entered into a non-financial three (3) year Cooperative Agreement
(“Agreement”) on or about July 8, 2011. The Agreement effective date was July 1, 2012 through June
30, 2015. The purpose of the Agreement was to establish the City’s continued participation in U. S.
Department of Housing and Urban Development’s (HUD) Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG)
and other HUD related programs. The Parties executed Amendment No. 1 to the Agreement on or
about July 18, 2014 to renew the Agreement for an additional three (3) years. The term of the
Amendment is July 1, 2015 to June 30, 2018. The County and the City may be referred to
individually as “Party” or collectively as “Parties.”
II. The Parties wish to amend the Agreement as follows:
A. Renew the Agreement pursuant to the automatic renewal clause in Paragraph 3 for an
additional three years Federal Fiscal Years 2018, 2019, and 2020.
B. Pursuant to HUD Community Planning and Development Notice CPD-17-03 issued April
12, 2017:
1. Delete and substitute the reference of “CDBG and HOME” throughout the
Agreement and substitute with the following language: “CDBG, HOME, and
ESG”
2. Delete paragraph 5 in its entirety and substitute with the following:
The County and the Municipality will take all actions necessary to assure
compliance with the County’s certification required by Section 104 (b) of
Title I of the Housing and Community Development Act of 1974, as
amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing
Act, and affirmatively further fair housing. The Parties will also 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, as amended and the Age Discrimination Act of 1975, as well as, the
Americans with Disabilities Act of 1990 and all other applicable laws.
3. Delete paragraph 14 in its entirety and substitute with the following:
14. The participating Municipality understands that it:
a. May not apply for grants from appropriations under the State
CDBG Programs for fiscal years during the period in which it
participates in the County’s CDBG Program.
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CONTRACT NO. C-22-11-064-3-02 Amendment 2
b. May receive a formula allocation under the HOME Program only
through the County. Thus, even if the County does not receive a
HOME formula allocation, the Municipality cannot form a
HOME consortium with other local governments and shall not
participate a HOME consortium except through the County.
c. May receive a formula allocation under the ESG Program only
through the County.
III. Delete paragraph 10 in its entirety and substitute the following language:
The County and Municipality agree that the terms, conditions and obligations of this
Agreement are enforceable and shall remain in effect until such time as the Agreement is
not renewed pursuant to Paragraphs 2 and 3. Notwithstanding the foregoing, if any
action is taken by any federal agency or instrumentality to suspend, decrease or
terminate its fiscal obligation affecting the capacity of the Parties to continue this
Agreement, the Parties may amend, suspend, decrease or terminate its obligations under
or in connection with this Agreement.
IV. 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.
V. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and
conditions of the original Agreement remain the same and in full force and effect as approved
and amended.
IN WITNESS THEREOF, the Parties have signed this agreement:
APPROVED BY: APPROVED BY:
CITY OF EL MIRAGE MARICOPA COUNTY
___________________________________ ___________________________________
Lana Mook Denny Barney
Mayor Chairman, Board of Supervisors
Date: __________________________ Date: __________________________
Attested To: Attested To:
___________________________________ ___________________________________
City Clerk Maricopa County Clerk of the Board
The terms and provisions of this Agreement as amended are fully authorized under State and local
law and provide the County with the authority to undertake or assist in the undertaking of essential
community renewal and lower income housing assistance activities.
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CONTRACT NO. C-22-11-064-3-02 Amendment 2
APPROVED AS TO FORM: APPROVED AS TO FORM:
BY: ________________________________ BY: ________________________________
Attorney for the City Maricopa County Deputy County Attorney
Date: __________________________ Date: __________________________
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