DELEGATION AGREEMENT WITH CITY OF GLENDALE.PDF

C-6860-2
12/06/2016
Delegation Agreement
THIS AGREEMENT, entered into this day of , 2016, by and
between the City of le,• ("City") and County of Maricopa ("County"). The City and the
County may be referred to individually as "Party" and collectively as "Parties."
A. WHEREAS, the City and the County cooperate in performing environmental reviews
within the geographic boundaries of the City for HOME-funded HUD projects in
accordance with the National Environmental Policy Act (NEPA), 24 CFR Part 58 and the
related laws and authorities, listed at sections 58.5 and 58.6, including responsibilities
under Section 106 of the NEPA; and
B. WHEREAS, the Parties agree that the County is responsible as the lead agency for
implementation of HOME funded HUD programs including determination of whether
properties are included in or eligible for inclusion in the National Register of Historic
Places (National Register) pursuant to Section 800.14 of 56 CFR Part 800 and
implementation of Section 106 of the National Historic Preservation Act, 16 U.S.0 470f;
and
C. WHEREAS the City serves as lead agency and Responsible Entity pursuant to 24 CFR
Part 58 for CDBG programs; and
D. WHEREAS, the State Historic Preservation Office (SHPO) assists Federal Agencies and
their agents in fulfilling the Section 106 responsibilities pursuant to 36 CFR Part 8; and
E. WHEREAS the City and SHP() have entered into a Programmatic Agreement on14.11e ,
20 D
NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein
by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
A. The purpose of this agreement is to define the responsibilities of the parties as it relates to
environmental reviews of HOME- funded HUD projects.
B. The County delegates and the City agrees to assume all Section 106 responsibility as
required by 24 CFR Part 58.1 for all undertakings HOME-funded HUD projects.
Consistent with this delegation the City agrees to consult with the State Historic
Preservation Office in fulfilling its Section 106 responsibilities and to comply with all
terms of its Programmatic Agreement with SHPO,
C. Notwithstanding this delegation, the County remains the lead agency and will have
ultimate responsibility, in concurrence with SHPO, for determining whether projects have
or do not have a potential effect on historic properties in the environmental review for
projects funded by HOME funds.
D. The term of this Agreement is IQ/ , 2016 until ialko , 2021. The Agreement is
effective when executed by all parties. The Agreement may be renewed for an additional
(5) five year term. Either party, with the mutual consent of the other, may extend this
Agreement in writing.
E. The Parties may terminate this Agreement for convenience, with or without cause, by
delivering a 60 day written termination notice stating the effective termination date.

Delegation Agreement
F. This Agreement is subject to and incorporates by reference the statutory language of
A.R.S. §38-511.
G. By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will indemnify and save the other Party harmless, including any of the Party's
departments, agencies officers, employees, elected officials or agents, from and against
all loss, expense, damage or claim of any nature whatsoever which is caused by any
activity, condition or event arising out of the performance or nonperformance by the
indemnifying Party of any of the provisions of this Agreement. By entering into this
Agreement, each Party indemnifies the other against all liability (including, but not
limited to, vicarious liability), losses and damages of any nature for or on account of any
injuries or death of persons or damages to or destruction of property arising out of or in
any way connected with the performance or nonperformance of this Agreement, except
such injury or damage as shall have been occasioned by the negligence of that other
Party. The damages which are the subject of this indemnity shall include but not be
limited to the damages incurred by any Party, its departments, agencies, officers,
employees, elected officials or agents. In the event of an action, the damages which are
the subject of this indernnity shall include costs, expenses of litigation and reasonable
attorney's fees. Notwithstanding any other term of this Agreement, this Section shall
survive the expiration and/or termination of this Agreement.
(Intentionally left blank, signatures to follow)
IN WITNESS WHEREOF, the parties have caused this Agreement to be made on the date above
written.
BY CITY OF GLENDALE: BY MARICOPA COUNTY:
Kevin R. Phelps Clint L. Hickman, Chair
CITY MANAGER Maiicopa County Board of Supervisors
ATTESTED TO BY: ATTESTED TO BY:
CITYCCOWN CLERK Fran McCarroll, Clerk of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
ZTORNEY DEPUTY COUNTY ATTORNEY