HomeMy WebLinkAboutResolution 2004-159 IGA with pima county for 2004 CDBG programMARANA RESOLUTION NO. 2004-159
RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANTS; APPROViNG AND
AUTHORIZiNG THE TOWN OF MARANA TO ENTER iNTO AN
INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE
MANAGEMENT AND IMPLEMENTATION OF THE 2004 COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM.
WHEREAS, Pima County has submitted an application to the U.S. Department of
Housing and Urban Development (HUD) for the 2004 Community Development Block Grant
(CDBG) funds; and
WHEREAS, in the event that HUD approves Pima County's 2004 CDBG Consolidated
Plan Annual Update, it is the desire of the Town of Marana and Pima County, that the Town of
Marana's allocation of the grant be implemented by the Town of Marana.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the accompanying Intergovernmental Agreement with Pima County be
approved, provided that, as a condition precedent to the Agreement becoming effective, HUD
must approve Pima County's 2004 CDBG Consolidated Plan Annual Update; and
BE IT FURTHER RESOLVED that upon HUD"S approval of Pima County's 2004
CDBG Consolidated Plan Annual Update, the Mayor of the Town of Marana is authorized to
execute the Intergovernmental Agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 16the day of November, 2004. ~
ATTEST:
elyn C{~i~ronson, Town Clerk
{00000216.DOC/}
APPRO~I~D AS TO FORM~,
y- Cydyl ~°wn A/~eY
FJC/cds 9/16/04
RESOLUTION NO. 2004 -
RESOLUTION AUTHORIZING PIMACOUNTY TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT IN THE AMOUNT OF $220,000.00 WITH THE
TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ADMINISTRATION,
HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, AND
SANTA CRUZ MULTI USE TRAIL FACILITIES PROJECT.
WHEREAS, Pima County has submitted an application consisting of the Annual
Action Plan 2004-2005 to the U.S. Department of Housing and Urban
Development ("HUD") for 2004-2005 Community Development Block Grant
("CDBG") funds; and
WHEREAS, in the event that HUD approves Pima County's 2004-2005 Annual
Action Plan, it is the desire of Pima County and the Town of Marana that the
Town of Marana's allocation of the grant be implemented by the Town of Marana.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
PIMA COUNTY that the accompanying Intergovernmental Agreement
("Contract") in the amount of $220,000.00 for the management and
implementation of the CDBG Program Administration, Housing Rehabilitation,
Affordable Housing Land Acquisition, and Santa Cruz Multi Use Trail Facilities
Project with the Town of Marana be approved; and
BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2004-
2005 Annual Action Plan, the Chair of the Board of Supervisors is authorized to
execute the Intergovernmental Agreement and any related documents necessary
to implement the agreement.
PASSED AND ADOPTED ON
PIMA COUNTY, A Body Politic & Corp.
ATTEST
Chair, Board of Supervisors
APPROVED AS TO FORM:
Clerk, Board of Supervisors
Deputy County Attorney
Contract Number:
PIMA COUNTY COMMUNITY DEVELOPMENT AND NEIGHBORHOOD CONSERVATION DEPARTMENT
INTERGOVERNMENTAL AGREEMENT
PROJECT NAME:
CONTRACTOR:
Administration, Housing Rehabilitation, Affordable Housing Land Acquisition, Santa Cruz Multi Use
Trail Facilities
Town of Marana
13251 N. Lon Adams Rd.
Marana, AZ. 85653
PURPOSE:
Provide funding for Contractor to administer and maintain the projects to be developed and
carry out the specific activities, as described in the Project Summary Appendix A
FUNDING: CDBG GRANT
DISTRICT NO: 3
INTERGOVERNMENTAL AGREEMENT
FOR MANAGEMENT AND IMPLEMENTATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS Intergovernmental Agreement ("Contract") is entered into between Pima County, a body politic and
corporate of the State of Arizona, hereinafter called "COUNTY," as the Community Development Block Grant
Recipient, and the Town of Marana, a body politic and corporate, hereinafter called CONTRACTOR.
WITNESSETH
WHEREAS, COUNTY, through its annual Community Development Block Grant (CDBG) proposal process for federal
year 2004-2005, required all applicants submit a proposal for each of their projects that they would like to be
considered for funding;
WHEREAS, there has been enacted into law Public Law 97-35, the Housing and Community Development Act, as
amended, the primary objective of which is the development of viable urban communities by providing federal
assistance for community development activities in urban areas, including the area served by the CONTRACTOR;
WHEREAS, the COUNTY as an "Urban County" as the term is used in the Act, is authorized to apply for and accept
Community Development grants with respect to its unincorporated territory and with respect to included units of
general local government actively participating with the COUNTY to undertake or to assist in the undertaking of
essential community development and housing assistance activities;
WHEREAS, the CONTRACTOR is a legal entity within the territorial boundaries of the COUNTY;
WHEREAS, the CONTRACTOR and COUNTY have agreed to submit a proposal to the U.S. Department of Housing
and Urban Development, hereinafter referred to as "HUD";
WHEREAS, in the event that the CONTRACTOR'S proposal is approved by HUD as part of the County's 2004
Annual Action Plan and a Community Development Block Grant is made to the COUNTY on account of such Annual
Action Plan, the parties heretofore will enter into this Contract providing for implementation of the CONTRACTOR'S
allocation of the grant by the COUNTY, the Subrecipient or by cooperative action of the two agencies;
WHEREAS, it is the desire of the CONTRACTOR and the COUNTY that the CONTRACTOR'S allocation of the grant
be implemented by the Town of Marana;
WHEREAS, the CONTRACTOR is the legal entity responsible for operating and maintaining the projects to be
developed, and carrying out the specific activities, as described in the Project Summary (Appendix A);
WHEREAS, the CONTRACTOR shall undertake the same obligations to the COUNTY, as the COUNTY does to
HUD, with respect to the CONTRACTOR'S allocation of the Community Development Block Grant; and
WHEREAS, the Pima County Board of Supervisors reviewed and approved such proposal on J.uly 6, 2004;
NOW THEREFORE, the parties hereby enter into this Contract, consisting of this document and Appendices B
(SPECIAL AGENCY,CONDITIONS), C (CONTRACTOR'S CERTIFICATION), and D (INTERGOVERNMENTAL
COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM), all of which,
with any attachments, are incorporated herein by reference, as follows:
ARTICLE I - TERM AND EXTENSION/RENEWAL
This Contract, as awarded by the Board of Supervisors, shall commence on the 1st day of November, 2004,
and shall terminate on the 31 st day of December, 2005 unless sooner terminated or further extended pursuant to
the provisions of this Contract, provided that it shall not be effective until recorded with the Pima County Recorder
following execution by both parties. The parties may renew this Contract for up to two (2) additional one-year periods
or any portion thereof.
Any modification, or extension of the Contract termination date, shall comply with the modifications provisions
contained Appendix B.
ARTICLE II-PAYMENT
In consideration for the services specified in this Contract, the COUNTY agrees to reimburse CONTRACTOR in an
amount not to exceed $220,000.00 for administration, affordable housing land acquisition, housing rehabilitation, and
the Santa Cruz multi-use trail facilities pursuant to the following budget:
A. BUDGET:
Administration $
Housing Rehabilitation $
Affordable Housing Land Acquisition $
Santa Cruz Multi Use Trail Facilities $
30,000.00
50,000.00
50,000.00
90,000.00
The total amount of this Contract is $220,000.00.
PAYMENTS:
Payments and allocation by COUNTY will not exceed the amount allocated for this project by the U.S. Department of
Housing and Urban Development under the Community Development Block Grant Program administered by Pima
County. No funds other than the CDBG funds will be expended or advanced by the COUNTY, from any source, for
the projects described in Appendix A. Payments shall conform to the budget categories itemized in this article.
Requests by CONTRACTOR for payment will include all claims and invoices of every kind and nature against
COUNTY, arising under this Contract or any provision thereof, express or implied, or from any cause whatsoever.
If CONTRACTOR requests payment for invoiced bills, not reimbursements, CONTRACTOR must submit evidence of
payment of these invoiced bills within thirty calendar days. Future payments to CONTRACTOR may be withheld until
this evidence of payment is received and approved by COUNTY.
Reconciliation of payment received with actual costs incurred shall be accomplished prior to final payment, or through
subsequent audit. If payment received exceeds actual costs, the CONTRACTOR shall, at the COUNTY'S sole
discretion, 1 ) refund to the COUNTYwithin 30 days of request, the excess amount; or2) provide, during the following
contract term and without reimbursement overage divided by the unit fee in effect at the termination of the Contract
term to which the overage applied. The additional units to be delivered shall be for commensurate contract services.
If Contract services are not continued in the next Contract term, CONTRACTOR shall, within thirty (30( days of
receipt of a request from COUNTY, refund to COUNTY the excess amount received.
To the extent permitted by HUb regulations, CONTRACTOR may be paid for planning and. administration
activities occurring after July 1,2004. All planning and administration costs not used bythe end of the next
fiscal year, June 30, 2005, shall be forfeited.
For the period or record retention required under Article XXI, COUNTY reserves the right to question any payment
made under this Article and to require reimbursements therefore by setoff or otherwise for payments determined to
be improper or contrary to the Contract or law.
AR'i'ICLE III - SCOPE
A. Purpose
The purpose of this Contract is to provide funding for CONTRACTOR to administer and maintain the projects to be
developed and carry out the specific activities, as described in the Project Summary contained in Appendix A and
fully incorporated herein by reference.
B. Scope
CONTRACTOR shall:
Implement their allocation of the grant as described in Appendix A hereof fully in accordance with terms of
the overall application made by the COUNTY to HUD for funds to carry out the Projects, the Certifications
which were submitted concurrently with the 2004 Annual Action Plan to HUD, and with the Intergovemmental
Cooperative Agreement between Pima County and Town of Marana for the Community Development Block
Grant Program and Home Investment Partnership Program contained in Appendix D and fully incorporated
herein by reference. The Annual Action Plan is hereby incorporated by reference into this agreement fully as
is set forth herein. CONTRACTOR hereby undertakes the same obligations to the COUNTY that the
COUNTY has undertaken to HUD pursuant to said Annual Action Plan and assurances. CONTRACTOR will
hold COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any
failure on the part of CONTRACTOR to comply with the requirements of any such obligation.
Perform in accordance with the Project Summary Appendix A set forth in this Contract. The work under this
will be performed to the satisfaction of the COUNTY. COUNTY will interpret all reports pursuant to the
budget and will decide the acceptability and progress of work, and amount to be paid under this Contract.
C, Performance Requirements
CONTRACTOR certifies that it will perform the work in accordance with the terms of this Contract, including those
contained in Appendices A, B, C, and D, to the best of CONTRACTOR'S ability. CONTRACTOR shall employ
suitably trained and skilled professional personnel to perform all services under this Contract.
CONTRACTOR will supply County with a monthly and an annual report which lists statistical data on the clients
served. The report shall include location of client, income level, family size, race, if family is female-headed
household, services provided, and if family is elderly or handicapped. CONTRACTOR shall submit the monthly
report with every request for funds by the end of the following month. CONTRACTOR shall submit the annual report
that covers the contract term within thirty (30) days of Pima County's fiscal year end (July 1st to June 30th).
ARTICLE IV - INSURANCE
CONTRACTOR shall obtain and maintain at its own expense, during the entire term of this Contract the following
type(s) and amounts of insurance:
A) Commercial General Liability in the amount of $1,000,000.00 combined, single limit Bodily Injury and
Property Damage. Pima County is to be named as an additional insured for all operations performed
within the scope of the Contract between Pima County and CONTRACTOR;
B) Commercial or Business automobile liability coverage for owned, non-owned and hired vehicles
used in the performance .o¥ this Contract with limits in the amount of $1,000,000.00 combined
single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage; ..
C) If this Contract involves professional services, professional liability insurance in the amou'r~t of
$1,000,000.00; and,
D) If required by law, workers compensation coverage including employees liability coverage.
CONTRACTOR shall provide COUNTY with current certificates of insurance. All certificates of insurance must
provide for guaranteed thirty (30) days written notice to the COUNTY of cancellation, non-renewal or matedal change.
ARTICLE V - INDEMNIFICATION
CONTRACTOR shall indemnify, defend, and hold harmless COUNTY, its officers, employees and agents from and
against any and all suits, actions, legal administrative proceedings, claims or demands and costs attendant thereto,
adsing out of any act, omission, fault or negligence by the CONTRACTOR, its agents, employees or anyone under its
direction or control or on its behalf in connection with performance of this Contract.
CONTRACTOR warrants that all products and services provided under this Contract are non-infringing.
CONTRACTOR will indemnify, defend and hold COUNTY harmless from any claim of infringement arising from
services provided under this Contract or from the provision, license, transfer or use for their intended purpose of any
products provided under this Contract.
ARTICLE Vi - COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, and local laws, rules, regulations, standards and Executive
Orders, without limitation to those designated within this Contract. The laws and regulations of the State of Arizona
shall govern the dghts of the parties, the performance of this Contract, and any disputes hereunder. Any action
relating to this Contract shall be brought in a court of the State of Adzona in Pima County. Any changes in the
governing laws, rules, and regulations during the terms of this Contract shall apply, but do not require an amendment.
ARTICLE VII - INDEPENDENT CONTRACTOR
The status of the CONTRACTOR shall be that of an independent contractor. Neither CONTRACTOR, nor
CONTRACTOR'S officers agents or employees shall be considered an employee of Pima County or be entitled to
receive any employment-related fringe benefits under the Pima County Medt System. CONTRACTOR shall be
responsible for payment of all federal, state and local taxes associated with the compensation received pursuant to
this Contract and shall indemnify and hold COUNTY harmless from any and all liability which COUNTY may incur
because of CONTRACTOR'S failure to pay such taxes. CONTRACTOR shall be solely responsible for program
development and operation.
ARTICLE VIII - SUBCONTRACTOR
CONTRACTOR will be fully responsible for all acts and omissions of any subcontractor and of persons directly or
indirectly employed by any subcontractor and of persons for whose acts any of them may be liable to the same extent
that the CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in this
contract shall create any obligation on the part of COUNTY to pay or see to the payment of any money due any
subcontractor, except as may be required by law.
CONTRACTOR shall not enter into any subcontracts for any services to be performed under this Contract unless it
received pdor written approval of the subcontract by the County. Contractor shall follow applicable Federal, State,
and County rules for obtaining subcontractor services. Pdor written approval shall not be required for the purchase of
supplies that are necessary and incidental to Contractor's performance under this Contract.
ARTICLE IX - ASSIGNMENT
CONTRACTOR shall not assign its rights to this Contract, in whole or in part, without pdor written approval of the
COUNTY. Approval may be withheld at the sole discretion of COUNTY, provided that such app. r.0val shall not be
unreasonably withheld
ARTICLE X - NON-DISCRIMINATION
CONTRACTOR shall not discriminate against any COUNTY employee, client or any other individual in any way
because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out
CONTRACTOR'S duties pursuant to this Contract. CONTRACTOR shall comply with the provisions of Executive
Orders 75-5, as amended by Executive Order 99-4, which are incorporated into this Contract by reference as if set
forth in full herein.
ARTICLE Xl - AMERICANS WITH DISABILITIES ACT
CONTRACTOR shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,
42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
ARTICLE Xll - WORKER'S COMPENSATION
Each party shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall
be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the
operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's
Compensation benefits or other fringe benefits of said employees.
ARTICLE Xlll - FULL AND COMPLETE PERFORMANCE
The failure of either party to insist on one or more instances upon the full and complete performance with any of the
terms or conditions of this Contract to be performed on the part of the other, or to take any action permitted as a result
thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance
of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of
sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction.
ARTICLE XlV - CANCELLATION FOR CONFLICT OF INTEREST
This Contract is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the pertinent provisions of
which are incorporated into this Contract by reference.
ARTICLE XV- TERMINATION/SUSPENSION
A)
Termination: COUNTY reserves the right to terminate this Contract at any time and without cause by serving
upon CONTRACTOR 30 days advance written notice of such intent to terminate, except that if the Community
Development Block Grant from the Department of Housing and Urban Development underwhich this Contract
is made, is terminated or the amount of the grant reduced, the County, shall thereupon have the right to
terminate or reduce the contract dollar amount of this Contract by giving the contractor written notice of such
termination and specifying the date thereof at least fifteen (15) days before the effective date of such
termination. In the event of termination under this paragraph, the COUNTY'S only obligation to
CONTRACTOR shall be payment for services rendered prior to the date of termination.
B)
Non-Appropriation of Funds: Notwithstanding any other provision in this Contract, this Contract may be
terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of
maintaining COUNTY or other public entity obligations under this Contract. In the event of such termination,
COUNTY shall have no further obligation to CONTRACTOR, other than to pay for services rendered prior to
termination.
c)
D)
Suspension for Cause: C. OUNTY may suspend'operations and payments under this Contract immediately for
violation of contractual requirements, unsafe working conditions, violation of Federal or State. law, or lack of
reasonable progress in accomplishing objectives and schedules contained in this Contract.
Administrative Suspension: COUNTY may temporarily suspend operations and payments under this Contract
immediately at any time if the Pima County Board of Supervisors or Administrator determines that it is in the
COUNTY'S best interest to suspend this Contract. In the event of such suspension, CONTRACTOR shall
assist COUNTY by providing information and documents to evaluate the status of the Contract and whether it
should be continued.
ARTICLE XVl - NOTICE
Any notice required or permitted to be given under this Contract shall be in writing and shall be served by personal
delivery or by cedified mail upon the other party as follows:
COUNTY:
Pima County Community Development and Neighborhood Conservation Director
2797 East Ajo Way, 3rd Floor
Tucson, AZ. 85713
CONTRACTOR:
Town of Marana
13251 N Lon Adams Road
Marana, AZ. 85653
ARTICLE XVII - NON-EXCLUSIVE CONTRACT
CONTRACTOR understands that this Contract is nonexclusive and is for the sole convenience of COUNTY.
COUNTY reserves the dght to obtain like services from other sources for any reason.
ARTICLE XVIII - OTHER DOCUMENTS
CONTRACTOR and COUNTY in entering into this Contract have relied upon information provided in the
CONTRACTOR'S proposal submitted in response to Pima County's 2004-2005 annual CDBG proposal process
which, together with any other submissions or representations made by Contractor, to the extent, not inconsistent with
this Contract shall form the Contract between the parties. To the extent of any inconsistency among the Contract
documents, the Special Agency Conditions shall govern except as otherwise required by law.
ARTICLE XIX - REMEDIES
Either party may pursue any remedies provided by law for the breach of this Contract. No right or remedy is intended
to be exclusive of any other dght or remedy and each shall be cumulative and in addition to any other right or remedy
existing at law or at equity or by virtue of this Contract.
ARTICLE XX - SEVERABILITY
Each provision of this Contract stands alone, and any provision of this Contract found to be prohibited by law shall be
ineffective to the extent of such prohibition without invalidating the remainder of this Contract.
ARTICLE XXl - RECORD RETENTION
Contractor shall keep and maintain proper and complete books, records and accounts, which shall be open at all
reasonable times for inspection and audit by duly authorized representative of County. Contractor shall retain all
records relating to this Contract at least 5 years. The retention period starts from the date of submission of the
County's annual performance an~l evaluation report, a§ prescribed in 24 CFR 91.520, in which the specific activity is
reported on for the final time rather than from the date of submission of the final expenditure report, for the award or, if
later, until any related-pending proceeding or litigation has been closed. Contractor must comply With Section 570.506
"Records to be Maintained" of the Community Development Block Grant Program - Entitlement Grant Regulations.
ARTICLE XXll - ENTIRE AGREEMENT
This document, including all appendices and attachments and the documents identified in Article XVIII, constitutes the
entire agreement between the parties pertainin~i to the subject matter hereof, and all pdor or contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged herein. This Contract may be
modified, amended, altered or extended only by a written amendment signed by the parties and recorded with the
Pima County Recorder.
IN WITNESS THEREOF, the parties have affixed their signatures to this Contract on the date written below.
PIMA COUNTY
CONTRACTOR- TOWN OF MARANA
Chair, Board of Supervisors Mayor
Date: Date:
ATTEST ATTEST
Clerk of the Board Town Clerk
Date: Date:
/~ROVED AS TO CONTENT
Commu~.~ De,~elopment and Neighborhood Conservation Director
Pursuant to A.R.S. {}11-952(D), the undersigned has determined that the foregoing Intergovernmental Agreement
between Pima County and the Town of Marana is in the proper form and within the powers and authority granted
under the laws of the State of Arizona.
PIMA COUNTY
Deputy ¢_,o.u .n~.Atto. r~y
Date:
TOWN OF MARANA
Town Attorney
Date:
See attached for each project:
Administration
Housing Rehabilitation
Affordable Housing Land Acquisition
Santa Cruz Multi Use Trail Facilities
Appendix A
PROJECTS SUMMARY
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Appendix B
SPECIAL AGENCY CONDITIONS
1. Modification
Modifications may be made to this Agreement in accordance with the following provisions:
A. All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and
County policies and directives. Approval of modifications is at the sole discretion of County.
B. Major modifications shall be by written amendment signed by both parties. Major modifications include any
which do the following:
a. Change the purpose of the Agreement;
b. Increase or decrease the compensation provided for in the Agreement;
c. Change the term of the Agreement;
d. Change the scope or assurances of the Agreement;
e. Change any section of the Agreement other than the Scope of Work or budget;
f. Any change that is not a minor modification as described below.
C. Minor modifications may be made by written memorandum approved and signed by the Director of the Pima
County Community Development and Neighborhood Conservation Department. Minor modifications are changes in
the Scope of Work or budget that do not change the purpose or total compensation of this Agreement and do not in
any way increase the direct or indirect liability of the County under this Agreement.
2. Procurement of Goods and Services:
Contractor is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on
the credit of the County. Contractor shall comply with OMB Circular No. A-122, -"Cost Principals for Non-Profit
Organizations" (if Contractor is a non-profit corporation) and OMB Circular No. A-110.
3. Monitoring and Evaluation:
County shall monitor all activities and information sources in the management, fiscal, and service systems of
Contractor and any subcontracted parties, relating to performance of duties and obligations under this Contract, to
assure that Contractor is maintaining adequate and acceptable progress and systems, and to ensure that the funds
provided to Contractor by County are being used effectively and efficiently to accomplish the purposes forwhich funds
were made available.
County in cooperation with Contractor shall evaluate products, services, and performance under the terms of this
contract.
Contractor shall assist County in providing to the U.S. Department of Housing and Urban Development reports and
other communications relating to the performance and impact of the projects, as described in the Projects Summary
Appendix A.
4. Client Fees and Program Income:
Any program income generated and received by Contractor as a result of contract services shall be kept by
Contractor, used for the pUrpose of this contract, and reported to County.
Contractor shall comply with Section 570.504 "Program Income", and Section 570.503 "Agreements with
Subrecipients" of the Community Development Block Grant Program Entitlement Grant Regulations.
5. Identification Of Funding ~ind Copyrights: "
A. All advertisements, real property, publications, printed and other materials which are produced by the Contractor and
refer to services funded under this Agreement shall clearly attribute "PIMA COUNTY" and the Community Development
Block Grant Program in the following suggested format:
Funded by: Pima County
and the
Community Development Block Grant Program
Reference to Pima County shall be displayed at least as prominently as other credited funding sources.
B. Contractor shall not copyright any materials or products developed through contract services or contract expenditures
without prior wdtten approval by the County. Upon approval, the federal government and Pima County shall have a non-
exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted
material.
6. Nepotism
Agency shall not employ relatives in positions where one is in supervisory chain of the other, nor where one is in
daily working contact with the other.
A. "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of whole or half
blood or child of a spouse.
B. COunty may grant temporary waiver of this policy where relative employment situation already exists at the
time of execution of this contract.
7. Audit Requirements:
A. Federal Requirements (applicable if Federal funds are involved):
If Contractor is a state, local government or non-profit organization which expends $300,000 or more of federal
funds dudng the year, then, Contractor shall comply with OMB Circular A-133 (31 U.S.C. § 503, 1111, 7501 et
seq. And Executive Orders 8248 and 11541) and includes the compliance supplement OMB Circular A-133,
"Audits of State and Local Governments and Non-Profit Organizations."
If total expenditures of Federal awards are greater than $100,000 but less than $300,000 then a program-specific
audit in accordance with generally accepted auditing standards, which includes compliance testing, is required
annually. If total Federal expenditures are $100,000 or less, but at least $50,000, then a program-specific audit in
accordance with generally accepted auditing standards, which includes compliance testing, is required bi-
annually. Contractors with total expenditures of Federal awards less than $50,000 do not have an annual audit
requirement.
B. State of Arizona Audit Requirements: NOT APPLICABLE
Additional County Requirements:
a. Contractor shall establish and maintain a separate, identifiable accounting of all funds provided by County
pursuant to this agreement.
b. County may require any contractor to provide a program-specific or financial audit at any time by providing
written notice to the Contractor. Such notice shall specify the period to be covered by the audit, the type
of audit and the time for completion and submission of the audit.
Audits provided under sections A and B of this section shall be performed by a qualified, independent
accounting firm and shall be submitted to the county within six months of the close of the ~;bntract pedod
being audited. Any Audit shall include any response Contractor wishes to make concerning any audit
findings. Audits shall be submitted to:
Pima County Community Development and Neighborhood Conservation Director
2797 East Ajo Way, 3rd Floor
T. ucson AZ 85713
do
Contractor shall pay all costs for audit and county shall not be responsible for audit costs. Grant funds
may be used to pay for audit provided the cost is allowable under the appropriate federal or state grant
law and the cost is specifically included in the grant budget approved by the county.
END OF SPECIAL AGENCY CONDITIONS
· ' Appendix C
CONTRACTOR'S CERTIFICATION
Contractor hereby cedifies it will comply with:
1) HUD Community Development Block Grant Regulations at 24 CFR Part 570.
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
Title I of the Housing and Community Development Act of 1974.
24 CFI Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Govemments" (if Agency is local government).
Title VI of the Civil Rights Act of 1964.
Section 109 of the Housing and Community Development Act of 1974.
Executive Order 11246 - Equal Employment Opportunity.
Section 3 of the Housing and Urban Development Act of 1968.
Flood Disaster Protection Act of 1973.
National Environment Policy Act of 1969.
Section 106 of the National Historic Preservation Act of 1966, Executive Order 11593.
Federal Labor Standards Provisions.
OMB Circular A-133, "Audits of States and Local Governments and Non-Profit Organizations".
OMB Circular A-122, "Cost Principals for Non-Profit Organizations" (if agency is non-profit organization).
OMB Ciroular A-110, A-87, and A-21.
Subpart K of the Community Development Block Grant Program Entitlement Regulations.
570.200(J) First Amendment Church/State Principles of the Community Development Block Grant Program
Entitlement Regulations.
570.503(b)(6) Prohibition Against Religious Activities.
570.503(b)(8) Reversion of Assets
CONTRACTOR DATE:
APPENDIX D
Intergovernmental Cooperative Agreement
between
Pima County and Town of Marana
for the
Community Development Block Grant Program
and
Home Investment Partnership Program
See attached:
Resolution No. 2004-130
Resolution NO. 2004-30
IGA NO. 01-39-M-134204-0704
Fi1 .a_NL/g. RO' :SUEZ', RECORDER
RECORDED B~':"'~V .... :o~'~f - PAGE: 3571
4437 PE3 ~ SEQ~NCE: 20041090518
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RESOLUTION NO. 2004- 13 0
RESOLUTION OF. THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA AUTHORIZING
EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE' AGREEMENT BETWEEN PIMA
COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND HOME INVESTMENT PARTNERSHIP 'PROGRAM,
WHEREAS, County and Town may contract for services and enter into agreements with one
another for joint or cooperative action pursuant to A.R.S. § 11-951 et seq.; and
WHEREAS, it is necessary to enter into an Intergovernmental Cooperative Agreement in order
to meet the requirements of the Housing and Community Development Act of 1974 and subsequent
amendments; and
WHEREAS, County and Town desire to engage in housing and community development
aCtivities as authorized under the Housing and Community Development Act of 1974 and subsequent
amendments; and ,,
WHEREAS, County and Town do hereby find and determine that it is in the best interest of the
residents of the unincorporated areas of the County and of the'Town of Marana that housing and
community development activities be performed jointly in accordance with the provisions of this
Agreement and that the U.S. Department of Housing and Urban Development (HUD) recommends that
expenditures of funds for'each purpose be on an Urban County basis; and
WHEREAS, it is mutually beneficial to each of the parties hereto for the County to administer
and execute the provisions of the Agreement in accordance with the terms and conditions hereinafter
provided and subject to local ordinance and State and Federal law; now, therefore
BE IT RESOLVED BY THE BOARD OF~UPERVISORS OF PIMA COUNTY, ARIZONA, as follows:
1. The IntergovernmentaI'Cooperative Agreement between Pima County and the Town of
. . Mar_aha 'forfbe-C.-ommunity. De_velopment Block-P-rogram and Home. Investment-P--artner. shii~
Program is herebyappr:0ved; and ' '
2. The Chair of the Board'of Supervisors is hereby instructed and authorized to Sign the
Intergovemmehtal Cooperative Agreement for the Pima County Board of Supervisors.
PASSED AND ADOPTED ON THIS 1st
PIMA COUNTY, A Body Politic & Corp
Chair, Board of Supervisors JUN 12004'
APPROVED AS TO FORM:
-.
Deputy County Attorney
DAY OF
JUNE ,2004
.' .~ 7-' .C ,.
A'F1-EST:. ,.'-'t':...-
Clerk of the ?~d
Original I of 4
'i
(7
_~LiP,.~A RESOLUTION NO. 2004]30-:
~LAT~G TO HOUS~G; A~O~G T~ TO~ O~~A: ~ONA, TO
~ CO~~y DE~LOP~ BLOCK G~ (CDBG)?ROG~ ~ HO~'5
~ TMENT P~~ PROG~.
~~AS, ~e Co~ ~d To~ may con,act for se~ees ~d enter ~to ageements
with one
~~AS, it is necess~ to enter ~to ~ ~tergov~mefit~ ag~b~ent ~ order to meet
· e req~rements of~e Hou~g ~d Co~~ DeveIopment A~ of 1974 ~d subsequent
~~, ~e Co~ ~d To~ desire to engage ~ housing ~d comm~ty
development a~fivifies
1974 ~d.~bsequent ~en~en~;'~d
~~, ~e Co~W ~d To~ do hereby ~d ~d det~ne ~at it k ~ ~e be~
~terest of~e residen~ of~e ~oratea 'me~ of~e Co~w ~d of~e To~ of M~a
· at ho~g
provisions of~.~ Ageem~t ~d ~at ~e U.S. Dep~ent ofHo~s~g ~d'Urb~ Development
~) reco~en~ ~at e~en~es or,ds for each p~ose be oh ~ Urb~ Co~W b~s; .
~d
:_ .. w~_ ~.A_S, !t..i_~ m~ny b._=.e~cia ~o e~oh orthe p~es ~ereto fo~ m~ Co=~ to ·
a~!~ster'~d exec~tb ~'e PJO~sio~ of'~e ~t~govemenml ageement ~ accord~ce ~ ~e
te~s md con~fions h'ere~er provided ~d subject to Io.c~ °r~ce ~d State ~d Federal
NOW, T~FO~, BE IT ~SOLX~D BY ~E ~Y6R mN~ co~c~ oF THE
T0~'OF ~A, AS FOLLOWS: :.: ' "
· SECT/ON 1. The intergovernmental ~overnment befween the Town of Marana and Pima
County attached t6'and incorporated by this're~erence in th/s resolut/on as Exh/bit A is hereby
au~or/zed and approved.
i
SECT/ON 2. The Mayor is hereby authorized to execute Sa/d Exh_/bit A and th..e..Town
Clerk is hereby author/zed to at-test thereto for and on behalfo£the Town of Marana.
SECTJON 3. The Town Manager, Town Attorney and other Town staff are hereby
authorized to undertake all other task required to carry out the terms, obl/~at/ons, and ob./edtives
of said Ex/z/bit A. ~
PA~SED, ADOPTED, and AP/~ROVED by the Mayor and Counc/1 of the' Town of
Marana, Ar/zona, ttfs 16th day of. March, 2004.
ATTEST:
.
APPRO,,~:;ED AS T-.,O FORM:
FC/c_.ds
Mayor B~b~Su~on,
H:~.'mnk'C~O040316\Council MtgkPC CDBG Rc$o
Intergovernmental Cooperative Agreer
between
Pima County and Town of Marana
for the
Community Development Block Grant Program
and
,Home investment Partnership Program
This Intergovernmental Cooperative Agreement made and entered into this ~ day of
2004:, by and between the County of Pima, a body politic and corporate of the State of
Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal corporation of
the State of Arizona, located Within the boundaries of the County of Pima, hereinafter referred to
as "Town."
RECITALS
A. WHEREAS County and Town may contract for services and enter into agreements with one
another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq.
- B. WHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the
requirements of the Housing' and Community Development Act of 1974 and' subsequent
amendments.
C. WHEREAS County and ToWn are individually authorized by law to engage in housing and
community development activities.
D. WHEREAS County and Town do hereby find and determine that it is in the best interest of the
residents of the unincorporated areas of the County and the Town that housing and community
deveRSpment activities be performed jointly in accordance with the provisions of this Agreement
and that the U.S. Department of Housing and Urban Development recommends that expenditures
of funds for such purpose be on an Urban County basis.
E. WHEREAS it is mutually beneficial to each of the parties hereto for County to administer and
.execute the provisions of this_A_g, ree _merit and the .prov!_si_gns..o_f .the AgrLe. gme__n._t, for Management.
and Implementation of the CDBG Program and HOME Program Agreements entered into by the
parties, which Agreements are hereby incorporated by reference as if fully set forth herein, in
accordance with the terms and conditions hereinafter provided and subject to.local ordinance and
State and Federal law.
NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the
matters and things hereinafter set forth, do mutually agrees as follows:
Pima County, as an Urban County, is hereby designated as the sponsoring agency to
'administer and implement the plan and program for housing and community development
activities for each of the participating parties to this Agreement in accordance with the
provisions of the Housing and Community Develop. merit Act of 1974 and subsequent
amendments, the laws of the State of Arizona, 'and the terms and conditions provided
'herein. In this respect, the Town agrees that the County is hereby, delegated the power to
plan and undertake community development-projects within its jurisdiction and will have
o
the final responsibility for selecting all CDBG and HoME projects'in accordance with the
approved Community Development and Housing Consolidated Plan pursuant-to 24 CFR
Part 91.
It is' understood and agreed that the County as the Grantee is to take the final
responsibility and to assume all the obligations of applicant for assistance under the
provisions of said Housing and Community Development Act of 1974 and subsequent
amendments, the three-year ~,~l~¢ons as required by HUD, subje~ to .change in
legislation or regulations and the Consolidated Plan.
The County and Town agree to cooperate to undertake, or assist in undertaking,
community renewal and lower income housing assistance activities, specifically urban
renewal and publicly assisted housing.
The County and Town do not have the power to veto or otherwise restrict or withhold the
support given by the County or the Town to the activities proposed in the Consolidated
Plan for any program year covered by this Agreement. In the event that any participating
member entity does not comply with a federal prerequisite in order for funds to be
expended in such area, then said entity's share shall be expended within all or any portion
of the area served by the member entities who qualify under the provisions of said Act.
It is understood that in order to qualify for funds under the Housing and Community
Development Act of 1974 and subsequent amendments, it is necessary that a
Consolidated Plan be submitted to and approved by the United States Department of
Housing and Urban Development. All parties hereto agree to abide by the terms and
conditions of an approved Consolidated Plan for housing and community development
activities as submitted to the Department of Housing and Urban Development.
Upon executing the Agreement the Town agreeS not to apply for CDBG funds from the
State of Arizona Small Cities Program, and may not participate in a HOME consortium
except through the Urban County during the period in which it is participating in the Urban
County's CDBG Program. Nothing herein shall be construed as limiting in any manner the
powers of any of the respective parties to- initiate and complete a local project within their
respective jurisdiction with their own funds.
The_ 1st day of July 2004 , shall be the effective date of Agreeme.n.t_, which shall remain
in force for three years. This Agreement covers CDBG 'and HOME Program Cuhding for
Federal Fiscal years 2005, 2006, and 2007. This Agreement may be amended to extend
the term of Agreement in order to complete activities funded but not completed, or to
expend program income received during the three years covered by this Agreement.
The Town and the County recognize that the County shall be the governmental entity
required to execute any grant agreement received pursuant to Consolidated Plan, and that
the County shall thereby become responsible thereunder for the proper performance of
the plan and program.. The Town agrees that it shall fully cooperate with the-Coun, ty in all
efforts .hereunder and that they will assist in doing any and all things required or
appropriate to comply with the provisions Of any grant agreement received by the County
pursuant to the Act and its regulations.
Ail records of the County or Town related to this Consolidated Plan and any projects
undertaken pursuant thereto shall upon reasonable notice, be available for inspection by
HUD, County, and/or Town auditors, during normal business hours.
This Intergovernmental Cooperative. Agreement shall be binding upon the parties hereto,
their successors and assignees. Any assignment of Agreement shall be void"¢ithout the
consent of the other party.
10.
Pursuant to the primary objective of Title I of the Housing and Community Development
Act of 1974, the parties hereby agree to direct their Community Development Block Grant
and HOME .Program resources toward the development of viable urban communities, by
-provMing decent housing and~a suitable Jiving environment and expanding economic
opportunities; principally for perSons of Iow- and moderate-income.
'Il.
County and Town will take all required actions necessary to comply with the Urban
County's Certification required by Section 104(b) of Title I of the Housing and Community
Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964,
the Fair Housing Act, section 109 of Title I of the Housing and Community Development
Act of 1974 and other applicable laws. County shall not fund Town if the Town does not
affirmatively further fair housing within its own jurisdiction. County and Town agree to
affirmatively further fair housing within County and Town. Town shall take no actions to
impede the County's actions to comply with County fair housing certification.
12.
County and Town have adopted and are enforcing policy prohibiting the use of excessive
force by laW enforcement agencies within its jurisdiction against any individuals engaged in
non-violent civil dghts demonstrations;, and
13.
A policy of enforcing applicable State and local laws against physically barring entrance to
or exit from a fadlity or location which is the subject of such non-violent civil fights
demonstrations within its jurisdiction.
The parties agree that a fully executed amendment or amendments to this Agreement
shall be entered into as required or r~ecessary to implement a detailed and formulated plan-
and program as contemplated hereunder or for the purpose of complying with any .grant
agreement received Or the regulations issued pursuant to the Act.
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 the year in which the next qualification of
the Urban County is scheduled shall automatically terminate this Agreement following the
e~e.~ii~'e of ~ll. communi~ Deveio~ment l~10~k G~:~nt and HOME. {u~ds aiiocated ¢or
use in the Town's jurisdiction.
14. Pursuant to 24 CFR 5.70.501(b), the Town is subject to the same requirements applicable
to subrecipients, including the requirement for a written Agreement set forth in 24 CFR
570.503..
3
15. The County, as the CDBG grant recipient for the urban county has full responsibility for the
execution of the community development program, for following its Consolidate~' Plan, and
for meeting the requirements of other applicable laws (e.g., National Environmental Policy
Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec.
504 of the Rehabilitation Act of 1973, Sec. 109 of the Housing and Community
Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively
furthering fair housing). County shall be held accountable for the accomplishment of the
community development program, for following the Consoiidated Plan, and for ensuring
that actions necessary for such accomplishment are taken by Town.
16. The parties acknowledge that A.R.S. § 38-511 requires that notice of A.R.S. § 38-511 be
ihcluded in every contract of a political subdivision of the State of Arizona and .that both
parties must comply with all applicable provisions of Arizona Executive Order 75-5, as
amended by Executive Order 99-4 [relating to non-discrimination.].
THIS SPACE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be
executed the __ day of ,2004.
PIMA COUNTY BOARD OF SUPERVISORS
Chair, Board of Supervisors JUN I ZOOZ.
TOWN OF MARANA
A'FFEST:
Clef'k, B-~)a~rd'of SuibervisOrs'
ATTEST:
REVIEWED BY:
Dl*re~ct~ C~mmunity Services Dept.
Pursuant to A.R.S. §11-952, the u~dersigned,
Pima County's legal counsel has determined
that the above Agreement is in proper form
and is within the powers and'authority granted
undei-the laws of the State of Arizona to Pima
County.
Pauia Wilk
Typed Name of Legal Counsel
Signature of Legal Counsel
Pursuant to A.R.S. §117952, the undersigned,
Town of Marana's legal Counsel has determined
that the above agreement is in proper form and is
within the powers and authority granted under the
laws of the State of Arizona to the Town of Marana.
Frank J.. cassid¥
Typed Name Of Legal Counsel
OPINION OF DEPUTY COUNTY ATTORNEY
INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTM AND THE
TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND HOME INVESTMENT PARTNERSHIP PROGRAM
I am an Attorney at Law ad'mitted to practice in the State of Arizona and a duly appointed Deputy
County-Attorney for the County of Pima.
I have examined the Intergovernmental Cooperative Agreement between Pima County and the
Town of Marana for the Community Development Block Grant Program and Home Investment
Partnership Program entered into by and between the County of Pima and the Town of Marana,
pursuant to Title I of the Housing and Community Development Act of 1974, and I am of the
opinion that the Agreement has been duly authorized by the Board of Supervisors of the County of
Pima in accordance with State and local legal requirements.
I am further of the opinion that the names and provisions of the agreement are authorized under
state and local law and that Pima County is authorized to enter into this agreement pursuant to
state and local law.
To the best 'of my knowledge, there is no pending or threatened litigation affecting the
implementation of the Cooperation Agreement or the ability of the County of Pima to be the
applicant for funding as a Urban County under Title I of the Housing and Community Development
Act of 1974, as amended.
Depu¥¢our-~ty-Attomey
Civil Division