URBAN COUNTY AGREEMENT WITH CITY OF EL MIRAGE 2027-2029.PDF
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A COOPERATION AGREEMENT BETWEEN MARICOPA COUNTY
AND
PARTICIPATING MUNICIPALITY
FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT is made and entered into this 24th day of June, 2026 by and between
Maricopa County, a political subdivision of the State of Arizona, hereinafter called
“County”, and the City of El Mirage, located in the County of Maricopa, hereinafter called
“Municipality”; used individually or collectively, hereinafter called “Party” or “Parties”.
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 2027, 2028, 2029 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.
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2.
The period of performance of this Agreement shall:
a. Be for the Federal Fiscal Years 2027, 2028 and 2029, (July 1, 2026 through
June 30, 2029) 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, including all reporting requirements,
completed.
c. The County and the Municipality cannot terminate or withdraw from the
cooperation 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 the three-year period has
concluded, whichever occurs first.
3.
Automatic Renewal:
a. The Agreement may be automatically renewed, by amendment, for
participation in one successive three-year qualification period unless the
County or the Municipality provides written notice electing not to participate in
a new qualification period. The Agreement may be in place for only a maximum
of six years (two qualification periods) before the Parties must re-authorize and
re-execute a new agreement.
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 HUD’s urban county
qualification schedule.
d. Failure by either Party to adopt amendment(s) to this Agreement as may be
required by HUD to meet any new Urban County Qualification requirement(s)
for subsequent qualification cycles, when applicable, or to submit such
amendment to HUD by the due date, will void the automatic renewal of such
qualification period.
4.
The County and the Municipality agree to cooperate to undertake, or assist in
undertaking, essential community renewal and lower income housing assistance
activities as approved and authorized between Parties in the CDBG Agreements,
including the Consolidated Plan.
5.
The County and the Municipality shall take all actions necessary to assure
compliance with the County’s certification under Section 104(b) of Title I of the
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Housing and Community Development Act of 1974. The grant will be conducted
and administered in conformity with:
a) Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24
C.F.R. Part 1); and
b) the Fair Housing Act, the implementing regulations at 24 C.F.R. Part 100, and
the obligation to affirmatively further fair housing (AFFH); and
c) Section 109 of Title I of the Housing and Community Development Act of 1974,
and the implementing regulations at 24 C.F.R. Part 6, which incorporate:
• Section 504 of the Rehabilitation Act of 1973, and the implementing
regulations at 24 C.F.R. Part 8;
• Title II of the Americans with Disabilities Act of 1974, and the implementing
regulations at 28 C.F.R. Part 35;
• the Age Discrimination Act of 1975, and the implementing regulations at 24
C.F.R. Part 146;
• Section 3 of the Housing and Urban Development Act of 1968;
• Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, and the implementing regulations at 49 C.F.R. Part 24;
• Section 104(d) of Housing and Community Development Act of 1974, and
the implementing regulations at 24 C.F.R. Part 42; and
d) Other applicable laws
6.
The Parties agree that Urban County funding in no event will be used for activities
in, or in support of, any cooperating unit of general local government that impedes
the County’s actions to comply with the County’s fair housing certification and duty
to affirmatively further fair housing.
7.
The County and the Municipality recognize that pursuant to 24 C.F.R. section
570.501(b), the Municipality is subject to the same requirements applicable to
subrecipients, including the requirement for a written agreement as described in
24 C.F.R. section 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.
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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 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.
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
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 and agrees that it:
a. May not apply for grants from appropriations under the State CDBG Programs
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 in 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
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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 its jurisdiction.
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:
a. 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
programs and the approved Consolidated Plan, as well as other applicable State
and local laws.
19.
The undersigned Municipality hereby authorizes Maricopa County to act on its
behalf and to modify and amend this Cooperation 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.
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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 County and the Municipality understand and agree that they may not sell,
trade, or otherwise transfer all or any portion of CDBG funds to a Metropolitan City,
Urban County, unit of general local government, or insular area that directly or
indirectly receives CDBG funds in exchange for any funds, credits, or non-federal
considerations, but must use such funds for activities eligible under Title I of the
Housing and Community Development Act of 1974, as amended.
23.
The County and the Municipality understand and agree this Agreement must be
authorized and signed by the governing bodies of County and Municipality.
24.
This Agreement, and any renewals and/or amendments to the Agreement, 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 Agreement may
be executed by electronic (.pdf) signature. An electronic signature shall be treated
as an original signature for all purposes.
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IN WITNESS WHEREOF, the Parties have caused the Cooperation Agreement to be
executed this
day of
, 2026.
CITY OF EL MIRAGE
BY: __________________________
City Mayor
MARICOPA COUNTY
BY: ___________________________
Chair, 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 housing assistance activities.
APPROVED AS TO FORM:
BY:___________________________
Attorney for Municipality
___________________________
Date
APPROVED AS TO FORM:
BY: ___________________________
Deputy County Attorney
___________________________
Date