CAVE CREEK COOPERATION AGREEMENT.PDF
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Town of Cave Creek
1
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARICOPA
AND
PARTICIPATING MUNICIPALITY
FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT is made and entered into this ____ day of ______, 2020, by and
between the County of Maricopa, a political subdivision of the State of Arizona (“County”),
and the Town of Cave Creek, located in the County of Maricopa (“Municipality”).
W I T N E S S E T H
Whereas two laws have been enacted, Public Law 93-383, the Housing and
Community Development Act of 1974, Title I as amended, and Public Law 101-625,
HOME Investment Partnership Act at Title II of the Cranston-Gonzales National
Affordable Housing Act of 1990, as amended; hereafter called “the Acts”; and
Whereas the County, as an “Urban County “ as that term is used in the Acts, is
eligible to receive funds under the Acts, has final responsibility for selecting Community
Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME)
and Emergency Solutions Grant (ESG) activities, and is authorized to undertake or to
assist in the undertaking of essential community development and housing assistance
activities which shall be funded from annual CDBG, HOME and ESG grants from federal
Fiscal Years 2021, 2022, 2023 appropriations and from any program income generated
from the expenditure of such funds, and
Whereas the CDBG, HOME and ESG regulations issued pursuant to the Acts
provide that qualified urban Counties must submit a Consolidated Plan and Annual Action
Plans hereafter called “Plan” or “Plans”, and Consolidated Annual Performance and
Evaluation Reports (CAPERs) to the U. S. Department of Housing and Urban
Development (HUD) for use of funds and that cities and towns within the metropolitan
area not qualifying as metropolitan cities may join the County in said Plans and CAPERs
and thereby become a part of a more comprehensive Urban County effort.
NOW THEREFORE, the County and Municipality agree as follows:
1.
This Agreement shall cover the CDBG Entitlement program, the HOME Investment
Partnership (HOME) and Emergency Solutions Grants (ESG) Programs.
Town of Cave Creek
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2.
The period of performance of this Agreement shall:
a. Be for the federal Fiscal Years 2021, 2022 and 2023, (July 1, 2021, through
June 30, 2023) under the plan which shall commence on the date of HUD
approval of the County’s Annual Action Plan and
b. Remain in effect until the CDBG, HOME and ESG funds and the program
income received with respect to activities carried out during the three-year
qualification period and any successive qualification period, if applicable, are
expended and the funded activities completed.
c. The County and the Municipality cannot terminate or withdraw from this
Agreement while it remains in effect. Subject to renewal in Paragraph 3, this
Agreement shall remain in effect until either funds are expended, or the funded
activities are completed, or 3 years, whichever occurs first.
3.
Automatic Renewal:
a. This Agreement may be automatically renewed for participation in successive
three-year qualification periods, unless the County or the Municipality provides
written notice it elects not to participate in a new qualification period.
b. By the date specified in the HUD urban county qualification notice for the next
qualification period, the County shall notify the Municipality in writing of the
Municipality’s right not to participate.
c. A copy of the County’s notification to the Municipality will be sent to the HUD
Field Office by the date specified in Section II of the urban county qualification
schedule.
d. Failure by either party to adopt an amendment to this Agreement incorporating
all changes necessary to meet the requirements for cooperation agreements
set forth in the Urban County Qualification Notice applicable for a subsequent
three-year urban county qualification period and to submit the amendment to
HUD by the due date, shall void the automatic renewal of such qualification
period.
4.
The County and the Municipality agree to cooperate to undertake, or assist in
undertaking, community renewal and lower income housing assistance activities.
5.
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
Town of Cave Creek
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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.
6.
The County and the Municipality recognize the prohibition of urban county funding
for activities or in support of a Municipality that does not affirmatively further fair
housing within the Municipality’s own jurisdiction or that impede the County’s
actions to comply with its fair housing certification.
7.
The County and the Municipality recognize that pursuant to 24 CFR 570.501 (b),
the Municipality is subject to the same requirements applicable to subrecipients,
including the requirement of a written agreement set forth in 24 CFR 570.503.
8.
The County and the Municipality recognize that:
a. The County is the governmental entity required to execute any grant agreement
received pursuant to its Plan, and that the County shall thereby become legally
liable and responsible thereunder for the proper performance of the Plan and
program.
b. The County has final responsibility for selecting CDBG, HOME, and ESG
activities and submitting the Consolidated Plan to HUD for the County and the
HOME Consortium.
c. Further, the Municipality agrees to hold the County harmless from any loss,
damage or liability that may arise out of the performance or failure to carry out
the requirements of this program where the Municipality has been given
responsibility over any aspect of the program by the County.
9.
The County and the Municipality agree that a fully executed amendment or
amendments to this Agreement shall be entered into only as required for the
purpose of complying with any grant agreement received or regulations issued
pursuant to the Acts.
10.
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 this
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.
11.
This Agreement is subject to the provisions of A.R.S. § 38-511.
12.
To assist the County in performing its functions under the Acts, there shall be a
Community Development Advisory Committee, hereafter called “CDAC”,
authorized by the County Board of Supervisors consisting of representatives from
Town of Cave Creek
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the County districts and cooperating municipalities. CDAC’s recommendations
shall be advisory and shall not bind the County.
13.
The County Agrees to include the Municipality in its Plans under the Acts.
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.
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.
15.
The Municipality has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and
b. A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-
violent civil rights demonstrations within jurisdictions.
16.
The Municipality agrees that it shall be included in the Plan the County makes to
HUD for Title I Housing, and CDBG, HOME and ESG funds, and that the
population of the Municipality shall be utilized along with the population of other
municipalities and the unincorporated areas of the County to qualify the County at
the population level necessary to be an Urban County as defined under the Acts.
17.
The Municipality agrees to undertake certain actions as determined by the County
to carry out a community development program and the approved Consolidated
Plan and/or to meet other requirements of the CDBG, HOME and ESG Programs
and other applicable laws. These actions include but are not limited to:
Completion of a performance report on an annual and five-year basis in a
format and by such deadlines as determined by the County to be used in the
HUD required CAPER.
18.
The Municipality agrees it shall cooperate with the County in all efforts hereunder
and that it shall assist in doing any and all things required and appropriate to
comply with the provisions of any grant agreement received by the County
pursuant to the Acts and regulations in carrying out CDBG, HOME and ESG
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programs and the approved Consolidated Plan, as well as other applicable State
and local laws. Furthermore, the Municipality agrees to be named as the
beneficiary of the deed of trust for all multi-family rental HOME funded activities
within its jurisdiction.
19.
The undersigned Municipality hereby authorizes Maricopa County to act on its
behalf and to modify and amend this Agreement in any way required in order to
comply with federal statute or regulation.
20.
Immigration law and regulations certifications – The President’s Executive Order
13465 of June 6, 2008 and Arizona Revised Statutes (A.R.S.) Section 41-4401,
requires all government entities to ensure that each government entity, contractor
and subcontractor it conducts business with complies with federal immigration laws
and regulations that relate to their employees and A.R.S. Section 23-214,
Subsection A. All governmental entities, vendors, contractors and subcontractors
MUST certify use of the E-Verify System established by the Department of
Homeland Security.
21.
The undersigned Municipality understands that:
a. If any provision or portion of a provision of this Agreement is determined to be
invalid or unenforceable, it shall be deemed omitted and the remaining
provisions of this Agreement shall remain in full force and effect.
b. Except where Federal statutes apply, this Agreement is governed by and
construed in accordance with the laws of the State of Arizona.
c. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof, and all prior agreements, representations,
statements and undertakings are hereby expressly cancelled.
22.
The Municipality agrees that it may not sell, trade, or otherwise transfer all or any
portion of such funds to another such metropolitan city, urban county, unit of
general local government, or Indian tribe, or insular area that directly or indirectly
receives CDBG funds in exchange for any other funds, credits or non-Federal
considerations, but must use such funds for activities eligible under title I of the
Act.
[Signatures on following page]
Town of Cave Creek
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IN WITNESS, the County and Municipality have approved and signed this Agreement:
TOWN OF CAVE CREEK
By: ___________________________
Municipal Manager
MARICOPA COUNTY
BY: _____________________________
Chairman, Board of Supervisors
ATTEST:
By: ___________________________
Clerk of the Municipality
_______________________________
Date
ATTEST:
BY: _____________________________
Clerk of the Board
________________________________
Date
The terms and provisions of this Agreement are fully authorized under state and local
law and provide the County with the authority to undertake, and assist in undertaking,
essential community development and low-income housing assistance activities.
APPROVED AS TO FORM:
BY:___________________________
Attorney for Municipality
______________________________
Date
APPROVED AS TO FORM:
BY: ___________________________
Deputy County Attorney
______________________________
Date