HomeMy WebLinkAboutResolution 96-072 IGA with pima county for 1996 CDBGMARANA RESOLUTION NO. 96-72
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA
A[TTHORIZING TIiE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
WITH THE COUNTY OF PIMA FOR THE MANAGEMENT AND I1VIPLEMENTATION OF
~ 1996 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, Pima County and the Town of Marana desire to engage in housing and
community development activities as authorized under the Housing and Community Development
Act of 1974 and subsequent amendments; and
WtlF_REAS, Pima County has submitted an application to the U.S. Department of Housing
and Urban Development (HUD) for 1996 Community Development Block Grant (CDBG) funds; and
WHEREAS, in the event that HUD approves Pima County's 1996 CDBG Consolidated Plan,
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; and
WHEREAS, the Intergovernmental Agreement with Pima County would greatly benefit the
citizens of the Town of Marana and would be in the Town's best interest.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Cound/of the Town of Marana
that the Mayor is authorized to execute the Intergovernmental Agreement between the Town of
Marana and Pima County for the management and implementation of the 1996 Community
Development Block Grant (CDBG) program,
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
6th day of August, 1996.
'~~/APPRO'VED AS TO FORM:se
Town Attorney
Mayor ED HONEA
Page 1 of I
F. ANN RODRIGUEZ, ,-,,DER
C -i F
RECO R D E
ED BY: DDA
DEPUTY RECORDER
R. 0 C., F
F-C-123C.,
PIMA CO CLER-` OF THE BOARD
T U C S 0 N
AZ 857ol
PI CKUP
AMOUNT PAID Is
5 5 C
ADOPTED BY THE PIMA COUNTY BOARD OF SUPERVISORS
RESOLUTION NO. 1996-190
-J::. E T 0 5
12
NO 13 F FA G E S
EDU?NCc*:
E0
RES 14:`?01: o0
RESOLUTION AUTHORIZING PIb,-fA COUNTY TO ENTER INTO AN
INTERGOVERNI-ENTAL AGREENENT WITH THE TOWN OF KARANA FOR THE
MIANAGEI-ENT AND IIVIPLEb-ENTATION OF THE COK-IUNITY DEVELOPNENT BLOCK
GRANT PROGRAM.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, as
follows:
SECTION 1
Pima Countv has submitted an aPalication to the U.S. Department cfL
Housina and Urban Development (!-.UD) for 1996 Communitv Develoument
Block Grant (CDBG) funds.
SECTION 2
L L L
Tn the event that HIUD approves Pima County's 1990' (-,DBG Consolida-ed
Plan, it- is the desire of Pima County and the Tcvrn of Marana that
the Town of Marana's allocation of the grant be implemented by the
!own of Marana.
PASSED AuND ADOPTED OCTOBER 1, 1996
?7Y,A COUNTY BOARD OF SUPERV7SORS
Paul marsi , C
'Ar , M-7slr
.L_ - :
'j'ane s W-i-lHams,
Clerk of -the Boar-4
APP-RCIJED AS TO FORY-:
-4e U-nv ?CcM??,,
cut%r Cc(UnL_
v
f
10395
T R A T
INTERGOVERNMENTAL AGREEMENT FOR MAk
IMPLEMENTATION OF THE COMMUNITY D
BLOCK GRANT PROGRAM.
P?*13er must appear on all
invoices, correspondence, and
documents pertaining to this
conTract
THIS AGREEMENT is made and entered into by a wit
of Pima, a body politic and corporate, hereinafter called "County"
as the Community Development Block Grant Recipient, and the Town of
Marana, a body politic and corporate, hereinafter called "Agency".
WITNESSETH:
WHEREAS, there has been enacted into law Public Law 97-35 . the
Housing and Community Development Act amended 1981, 'the primary
objective of which is the development of viable urban communities
by providing Lederal assistance for communitv development
activities in urban areas, including the area served by the Agency;
and
WHEREAS, the County as an "Urban County" as that term is used in
the Act, 4s authorized to apply for and accept Community
Development grants with respect to its unincorporated zerritorv and
with respect to included units of general local government actively
part-ici?Dating with -the County to undertake or to assist in the
undertaking of essential community development and housing
assistance activities; and
WHEREAS, the Agency J s a legal entity within the territorial
boundaries of the County; and
WHEREAS, Agency and County have agreed to submit a proposal to the
U.S. Department of Housing and Urban Development, hereinafter
referred to as "HUD"; and
WHEREAS, in the event that the Agency's proposal is approved by HUD
as part of the County's Consolidated' Plan and a Community
Development Block Grant is made to -the County on account of such
Consolidated Plan, the parties heretofore will enter into this
Agreement 'providing for implementat?on of the Agency's allocation
of the grant by the County, the Subrecipient or by cooperative
action of the two agencies; and
WHEREAS, it is the desire of the Agency and the County that 'the
Agency's allocation of the grant be implemented by the Town of
Marana; and
WHEREAS, the Age--.?:y is the legal entity responS 4 'le for operating
and maintaining the projects to be developed, and carrying out the
specific activities, as described in the Project Summary (Appendix
"A"); and
10355'
WHEREAS, the Agency shall undertake the same obligations to the
County, as the County does to HUD, with respect to the Agency's
allocation of the Community Development Block Grant;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. TERM AND ALLOCATION
The effective date of this Agreement shall be the day of
1996- This Agreement shall expire on December 31,
1997. In no event is this Agreement to be interpreted as subject to
automatic renewal.
Maximum amount allocated under this Agreement shall not exceed two
hundred and twelve thousand ($212,000.00) dollars.
I!. WORK TO BE PERFORMED
Agency agrees to implement their a1locat-ion of the grant as
described in Appendix "A" hereof fully in accordance with the terms
of the overall application made by +the County to HUD for funds to
carry out the Projects and the Certifications which were submit-Led
concurrently with the Consolidated Plan to HUD, and with the
Cooperation Agreements with the Cities and Towns (Appendix "C") .
The Consolidated Plan is herebv incorporated by reference into this
agreement fully as is set forth herein. Agency agrees that it
undertakes hereby the same obligations to the County that the
County has undertaken to HUD pursuant to said Consolidated Plan and
assurances. Agency will hold County harmless against any injury
which Countv mav suffer wi-t-h res-oect to HUD on account of any
failure on the part of Agency to comply with the requirements of
any such obligation.
Agency shall perform in accordance with the Project Descr I iption
(Appendix "A") and Applicable Regulations (Appendix "B") set forth
in this Agreement. The work under this Agreement 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 amounts to be paid under this Agreement.
III. PAYMENTS
Payments by County Vill not exceed the $212,000.00 which was
allocated for these projects by the U.S. Department of Housing and
Urban Development under the Community Development Block Grant
Program. No funds other than CDBG funds will be expended or
advanced by the County, from any source, for the projects described
in Appendix "A".
10395 920
Requests by Agency 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.
Agency will supply County with an annual report which lists
statistical data on the clients served. The report will include
location of client, income level, family size, race, if family is
.Lemale headed household, services provided, and if family is
elderly or handicapped.
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 Agency shall,
at the County's discretion, 1) refund to the County the excess
amount received; or 2) provide, during the following contract term
and without reimbursement, additional units of contract services in
a number ecrual to the amount of 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, option (1) shall be
effected.
IV. ACCOUNTING
Agency shall keep and maintain proper and complete books, records,
and accounts which shall be open for inspection and audit by duly
authorized representative of the County and U.S. Department of
Housing and Urban Development at all reasonable times.
Within six (6) months of the close of the contract year, Agency
shall provide the County with an outside audit of its overall
financial books, records and reports by an independent CPA firm.
Audit shall approximate the period of County contract, shall cover
all costs and receipts from CDEG funds, and shall include Agency
response to any audit findings. Cost of such audit shall be borne
by Agency.
Agency shall comply with OMB Circular No. A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State,
Local, and Federally recognized Indian Tribal Governments" (if
Agency is a local government), 24 CFR Part 85 "Uniform
Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments" (if Agency is a local government),
OMB Circular A-128, "Audits of State and Local Governments" (if
Agency is a local government), and OMB Circular No. A-122, "Cost
Principals for Non-Profit Organizations" (if Agency is a non-profit
corporation) .
10395 921
V. INSURANCE REQUIREMENTS
Agency shall provide evidence of current insurance as listed below.
Pima County shall be named by the insurer as an additional insured
on all required insurance for all operations Derfor-med within the
scone of this Agreement. Required insurance is:
Commercial General Liability in amount of $1,000,000 combined,
single limit Bodily injury and Property Damage or $1,000,000
Bodily Injury, $1,000,000 Property Damage. Coverages shall
specifically include: Premises/Operations, Independent
Contractors, Products/Com-o leted Operations. ContractuTl
Liability, and Automobile Liability covering owned and non-
owned vehicles. Where vehicles are used to transport the
general public or clients, automobile coverage must be for at
least $1,000,000 and must meet the requirements of ARS 28-
1233. If the co..n.tract involves professional services - ,
Professional Liability insurance in amount of $1,000,000 musE
be provided. If the Contractor wishes to receive advances of
funds, Fidelity Bond or Employee Dishonesty Liability coverage
sha'Ll be provided in an amount equal to the maximum advance
desired.
E=lovee Insurance
Workers' Compensation and Unemployment insurance shall
meet all Arizona statutory requirements.
A 11 _1 Certificates Of - Insurance must provide for
guaranteed thirty (30) day notice of cancellation, non-.
renewal or material change. z%.ny modifying language in
the Insurance Certificate must be deleted.
Agency's failure
meeting all of
withholding of
Agreement.
VI. INDEMNITY
to provide proper notice of insurance
these conditions shall result in
all payments and in voiding of this
Agency shall indemnify, defend and hold harmless Pima County, its
officers, departments, employees and agents from and against any
and all suits, actions, legal or administrative proceedings,
claims, demands or damages of any kind or nature arising out of
this Agreement which a?e attributed to any act or omission of
Agency, its agents, employees, or anyone acting under its
direction, control or on its behalf, whether intentional or
negligent, in connection with or incident to this Agreement.
10395 922
VII. SUBCONTRACTS
Agency may propose contracts with one or more subcontractors to
carry out its obligations under this Contract, insofar as it deems
proper or efficient; provided, however, that all such subcontracts
shall be in writing, and shall be submitted to County before
execution for review and comment. Agency shall bind every
subcontractor by the terms and conditions of the subcontract as
applicable to the work, and shall pay the subcontractor in the
amount allowed to Agency on account of the subcontractor's work, to
the extent to Agency's interest therein. Nothing in this Contract
shall create any obligations on the part, of County to pay or to see
to the payment of, any sums to the subcontractor.
Agency shall be as fully responsible to County for the acts and
omissions of subcontractors, and of persons either directly or
L_ - L_ -
indirectly employed by them, as it is for the acts and omissions of
nersons directly employed by itself.
Nothing contained in the Contract Documents shall create anv
contractual relationshic between the subcontractor and the County.
The contracting for professional services, shall be done through an
open selection process which shall be in conformance with the
procedures and requirements of County.
V711. PROCUREMENT OF GOODS AND SERVICES
Agency agrees it will be solely responsible for obtaining all goods
4
and services necessary for operating the projects described in
Appendix "A".
Agency is not the agent of County for any purpose and shall not
purchase any materials, equipment, or supplies on the credit of the
Countv.
Agency shall comply with OMB Circular No. A-122, "Cost Principals
for Non-Profit Organizations" (if Agency is a non-profit
corporation) , OMB Circular No. A-110, and other regulations listed
k-
in Appendix "B".
IX. COMPLIANCE WITH ALL LAWS
Agency shall comply with all applicable federal, state, and local
laws, rules, regulations, standards and Executive Orders, without
limitation to those designated within this Agreement. The laws and
regulations of the State shall govern the rightc of the parties,
the performance of this Agreement: and any disputes thereunder. Any
10395 923
action relating to this Agreement shall be brought in an Arizona
7 I=
Courz. -.L any provision of -this Agreement is held invalid or
unenforceable, the remaining provisions shall continue valid and
enforceabIe to the full extent permitted by law. Any changes in
the governing laws, rules, and regulations during the term of this
Agreement shall apply but do not require an amendment. Agency
shall ccmply with all applicable provisions of the Housing and
Community Development Act of 1974, as amended, other regulations
listed in Appendix "B", Subpart K of the Community Development
Block Grant Entitlement Regulations, and 24 CFR Part 8S "Uniform
Administrarive Requirements for Grants and Cooperative Agreements
to State and Local Governments" (if Agency is a local government) .
X. RETENTION OF RECORDS
Records shall be maintained in accordance with sound management
practice with respect to all matters covered by this Contract.
Except as otherwise authorized or required by County, such records
shall be maintained for a period of three (3) yedrs after receipt
of the final payrr.-ent under this Contract or until after resolution
of audit auestions, whichever period is longer. Agency must comply
with Sec-c-ion 570.506 "Records to be Maintained" of the Community
Developmenz Block Grant Program - Entitlement Grant Regulations.
XI. MONITORING AND EVALUATION
County wi'Ll monitor all activities and information sources in the
management, f iscal, and service systems of Agency and any
subcontracted parties, relating to performance of duties and
obligations under this Contract, to assure that Agency is
mainzain-ing adequate and acceptable progress and systems, and to
ensure thar the funds provided to Agency by County are being used
effectivelv and efficiently to accomplish the purposes for which
the funds were made available.
County, in cooDeration with Agency will evaluate products,
services, and performance under the terms of this Contract.
Agency 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 pro?ects described in
Appendix "A".
Site visits for monitoring, audit, and/or evaluation may be madeat
any time during normal hours of operation and as often as County
may deem necessary. County will give reasonable notice when
scheduling times for these meetings.
Agency shall make available to County for examination all of its
records with respect to all matters covered by this Contract and
10395 924
shall permit county to audit, examine, and make excerpts and
transcripts from such records, except where legal constraints or
professional rules of conduct prohibit disclosure and such other
Jnformation designated as privJ
ileged by such laws or regulations.
Where such confidentiality is legally or professionally- mandated,
County may requJre Agency to implement a system designed to comply
with applicable confidentiality requirements which will make as
much information available to County as the laws or regulations
will allow.
Agency must comp,.y with 24 CFRI Part L L
85 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and
Local Governments" Section 85.40 "Monitoring and reporting program
performance" (if Agency is a local government).
XTI CLIENT FEES AND PROGRAM INCOME
Any program income generated and received by Agency as a result of
cont.-act services shall be kept by Agency, used for the purpose of
this contract, and rer)orted to Countv.
Agency shall comply with Section 570.SO4 "Program Income", and
Section 570.503 "Agreements with Subrecipients" of the Community
Develo-oment Block Grant Program Entitlement Grant Regulations.
XIII. NON-ASSIGNMENT
L L_ L
DLny ass?gnment or attempted assignment of this Agreement without
the -ori or written consent of County shall be void. This Agreement
shali be binding on any and ail successors and assigns to Agency.
If Agency is reorganized, new officers or Board of Directors must
agree to uphold all clauses of this Agreement. Failure to do so
will result in termination of this Agreement.
XIV. NON-WAIVER
The failure of either part-y to insist on any one or more instances
upon the full and complete performance or any of the terms and
provisions of this Agreement 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 u?)on 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
satisfact'Lon.
10395 925
XV. NON-DISCRIMINATION
The parties to this Agreement shall not discriminate against any
individual in any way on account of such individual's race, color,
religion, sex, age, handicap or national origin.
Executive Order Number 7S.5 of the State of Arizona is herebv
incorporated into this Agreement by reference, as if set forth in
full herein.
XVT.
TERMINATION
Either party to this Agreement may terminate the Agreement and such
additional supplemental Agreements hereinafter executed in whole or
in part, with or without cause, by giving thirty (30) days written
notice which- shall commence on the date of mailing by certified
mail, or personal delivery. However, if the Community Development
Block Grant from the Department of Housing and Urban Development
under which this Agreement is made, is terminated or the amount of
the grant reduced, the Director of the Pima County Community
Services Department, shall thereupon have 'the righ'-, to terminate or
reduce the contract dollar amount of this Agreement by giving the
agency written notice of such termination and specifying the date
thereof at least fifteen (15) days before the effective date of
such termination. In either event all finished or unfinished
documents and other materials shall, at the option of the County,
become its property. In no event shall County be obligated for any
payments to Agency in excess of grant funds available.
Agency shall comply with 24 CFR Part 85 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and
Local Governments" Section 85.43 "Enforcement" and Section 85.44
"Termination for Convenience" (if Agency is a local government) .
XVII. IDENTIFICATION OF FUNDING AND COPYRIGHTS
A. All advertisements, real property, publications, printed
and other materials which are produced bV the Agency 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.
10
B. Agency shall not copyright any materials or products developed
through contract services or contract expenditures without prior
written 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.
XVIII. A.R.S. 38-511 - CONFLICT OF INTEREST
The state, its political subdivisions or any department of either
may, within three years after its execution, cancel any contract,
without penalty (-)r further obligation, made by the state, its
political subdivisions, or any of the departments or agencies of
either i f any person significantly involved in initiating,
negotiating, securing, drafting or creating the contract on behalf
of the state, its political subdivisions or any of the departments
or agencies or either is, at any time, while the contract or any
extension of the contract is in effect, an employee or agent of any
other party to the contract in any capacity or a consultant to any
other party to the contract with respect to the subject matter of
the contract.
XIX. NON-WARRANTY
County does not warrant its power or right to enter into this
Agreement or to participate in the provision of services set forth
in this Agreement, and if any court determines that County does not
have such authority, County shall not be liable to Contractor by
reason of such court determination or by reason of this Agreement.
XX. 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 ail applicable federal regulations under the Act,
including 28 CFR Parts 35 and 36.
THIS SPACE INTENTIONALLY LEFT BLANK
10395 927
XXI. ENTIRE AGREEMENT
This document contains and constitutes the entire Agreement between
the parties pertaining to the subject matter hereof. No agreements,
representations, or understandings not specifically contained
herein shall be binding upon any of the Parties hereto unless
reduced to writing and signed by the authorized signatories of the
Parties to be bou.id therebv. The section headiny- used herein are
for convenience only and shall have no significance in the
interpretation or construction of this Agreement or any provisions
herein.
IN WITNESS WHEREOF, Agency and County have executed this contract
this 1st day of October / 1996.
PITMA COUNTY
Ch 4rman, Board ork3upervisors
TOWN OF MARANA
vlayor
ty ?ounty ktto#??y Town Att6-rney
REVIEWED BY:
D i r e c tof-17 Community Services Department
10395. 928
aTT7qT- MMM"---
APPENDIX "A"
PROJECT SUW-ARY
10395 .929
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APPENDIX IIBII
Agency hereby certifies it will comply with:
1) HUD Communitv Develoioment Block Grant Regulations at 24 CFR
Part 570.
1
2) Title I of t.'ie Housing and Community Development Act of 1974.
3) 24 CFR Part 85, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local
Governments" (if Agency is local government).
4) Title VI of the Civil Rights Act of 1964.
5) Section 109 of the Housing and Community Development Act of
1974.
6) Executive Order 11246 - Equal Employment Opportunity.
7) Section 3 of the Housing and Urban Development Act of 1968.
8) Flood Disast,?r Protection Act of 1973.
9) National Environment Policy Act of 1969.
Section 106 of the National Historic Preservation Act of 1966,
Executive Order 11593.
10) Federal Labor Standards Provisions.
11) OMB Circular A-128, "Audits of States and Local Governments"
(if agency is local government.
12) OMB Circular A-122, "Cost Principals for Non-Profit
Organizations" (if agency is non-profit organization).
13) OM.B Circular A-110, A-87, and A-21.
14) Subpart K of the Community Development Block Grant Program
Entitlement Regulations.
15) 570.200(J) First Amendment Church/State Principles of the
Community Development Block Grant Proqram Entitlement
Regulations.
16) S70.503(b)(6) Prohibition Against Religious Activities.
17) 570.503(b)(8) Reversion of Assets.
10395 s4?_
APPENDIX "C"
REESOLUTION No. 11995-18"'1
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PIMA AUTTIOR-UTNG THE
BOARD OF SUPERVISORS TO DITER INTO AN INT,-7RG0Vr_71NMENTiAL COOPERATTYE ZiEEMB-i
WI-1-14 THE TOWN OF MARANA FOR COMMUNI-ly DEVELopMB-j BLOCK GRANT AND HO-ME !NVEESTMerl
PARTINERSiiIP PROGRAM PURPOSES.
WHEIREAS, the County and the Town of Marana desi- to encace
community develoomen-t, actlivitles as aut'horized under 1. in housing and
the Housing and ro -
Develooment Act of 1974 and subsequent amendments; and mmunity
L
WHEREAS, it is Ilecessary to enter into an Intergovernmentai Cooperative Agr-eement
L
in order to mee7 ?he -._quirsrnen?s of the HOL,
L 1 1. sinc and Community Development Act
of 1974 and subsequent amendments; and
WHE]Rc"S, -.he County and the Town of Marana ar-a Public agencies
?rovi si on of Sec-ions i*_,_p und=r the
Z, _Z St seq. 0-12 the Arl_zona 'Revised St -u-
.: a %-Z - Cas, and each
L
is authori ed by law to =nzar into jOint Powers aqrsemeqtz; and
WHEEREAS, the 1--ounty and 71-own 0-P Marana are individually authorized
I - Dy law to
engage in housing and c"mmun4ty development activities: and
WHEREAS, the County and zh-= Town af Marana do hereby find and de?_-ar-,njne that it
s to the best int-arest of the residents a-1z the unincorporaza-j areas o-12 the
L L
Coun Y and the Town Of Marana ?hzt housing and Community development acttivi?ie_s
be , oer- , Formed jointly in ac::ardanc2 with the or-avisions o-z this A 'ra nt and'?_hat
c eme
;the U.S. Department Of Housing and Urban Development that
Z * - -commends E_-Pendltur-as
of funds or each aurpos= be on an Urban County basis; and
ER t.
is mu?ual 1 v bele-zi ci a] ?O each Of the parties hereto for the Countv
L.0 administer and eXecut-= the Pnvisions Of this Agreemen
?h ?
L in acCordance w,?th 12
Larm,S and conditions her-sinaft-ar provided and su'bJect to local ordinance and
State and Federal law:
NOW, THEREFORE, BE 0,::.30LYEb, that the raun?*y of Pima does enter inzo an
I. L
1nteroovernment=1 COODer`aZIve Ag eement wj?h the Town of Marana for COEG and
6 1 _r t. L I-
HOME Program purposes.
PASSED AND ADOPIF.:-D, by the Board 0-2 Supervisors Of Pima Count. th.;S 5th day of
I t.V I
j 11V
C h a J " man jUL 5
AT 775T APPROVED Az To CORM:
ark he Beard
ueouzv County A-Ltorne)f
J1,0195 !nra
3-If - /-;
CONTRACT
I I - [;? C
No. C
UC??!T FJO.
INTERGOVERNMENTAL COOPERATIVE AGR66?POR-w
,.his rumber must aocear on ail
,AM ccrresooncc-ncs. and
COMMUNITY DEVELOPMENT BLOCK GRAN11nPROS-r,
tnis
per-,sming ?0
AND
HOME INVESTMENT PAR-1`NERSHIP PROGRAM
THIS AGREE-MENT made and entered into this 5th day oi: J-V 17
19951 by and be-tween the County of Pima, a political subdivision of the State of
Arizona, hereinaf-ter referred to as the "County," and 'the Town of Marana, a
municipal corporation of the State of Arizona, located within 'he boundaries of
Z.
the County of Pima, hereina-Ifter referred to as "Town.'
WTTNESSETH:
I 1?
WHEREAS, it is necessary to enter into a Cooperative Agreement in order to meet
the requirements of the Housing and Community Devefopment Act of 1974 and
subsequent amendments; and
WHERF-AS, the County and the Town are pubiic agencies under the Provisions of
- I - I L I t. L
Sections 11-951 et sea. of the Arizona Revised Statutes, and each is authorized
by law to enter into Joint powers agreements; and
WHEREAS, the County and the Town ars individually authorized by law to engage in
housing and community development activities; and
WHEREAS, the County and the Town do hereby find and determine that it is to the
best interes-It of the residents of the unincorporated areas of the County and the
L L
Town that housing and community development activities be performed jointly in
accordance with the provisions of this Agreement and that the U.S. Department o f
I I
.-Iousing and Urban Development recommends that expenditures of funds for such
purpose be on an Urban County basis; and
WHERE.AS, it is mutually beneficial to -each of the parties hereto for 'he County
t. I L. L. 6
ta administer and execute the provisions of this Agreement and the ' oravisions of
the Agreement for Management and Implementation of the CD6G Procram and HOME
Pr,agraim Agreements ent-;red into by the parties, which Agreements are hereby
incorporated by reference as if fully set forth herein, in accordance with the
ta-ms and conditions here i na-f-ter provided and subject to local ordinance and
State and Federal law;
NOW, THEREFORE, IT IS AGREED A
AS FOLLOWS:
Pima County, as an Urban County, is hereby designated as 'he sponsoring
agency to administer and implement the plan and program for housing an?
community development activities for each of the participating parties to
this Acreement in accordance with the provisions of the Housing and
Community Development Act of 1974 and subsequent amendments, 'the laws of
the State of Arizona, and the terms and conditions provided herein. In
this respec't', the Town acrees that the County is hereby delegated the
power to plan and undertlake community development projec-cs within its
jurisdiction and will have the final responsibility for selecting all CDBG
10395 9k4
and HOME projects in accordance with the approved Community Development
and Housing Consolidated Plan.
s unders tood and agreed that the County as the Grantee- i s 'to take the
L t.
-final responsibility and to assume all 'he oblications OT applicant for
assistance under 'he orovisions of said Housing and Communi"t."Y' bevel'ooment.
Act of 1974 and subsecuent amendments, the th"ree-year ca It I.
rtifications as
required by HUD, subject'. to chance in legislation or regulations, and t h e
Consolidated Plan.
The County and Town aorse to cooperate to undertake, or assist in
undertaki ng, community renewal and lower income housing assistance
activities, speci-IFicallY urban renewal and publicly assisted housing.
L
4. The Countv and Town do not have the power to veto or otherwise restrict or
withhold the Support aiV en by the County or the Town to the activities
proposed in the Consof1dated Plan for any program year covered by this
Acreement. in the event that any participating member entity does not
comDiy with a federal prerequisite in order for . I cunds to be a--pended in
ed i?hin
such area, then said entit"y's share shall be expend W t. all or any
portion of tthe area served by the member entities who qualify under the
provisions of said Act'..
is understood that in order to qualify for funds under the Housinc and
Community Development Act, of 1974 and subsequent amendments, i is
necessary that a Consolidated Plan be submitted to and approved by the
United States Department of Housing and Urban Devejopment, All parties
hereto agree 't*.o abide by tthe terms and conditions OT an approved
Consolidalted Plan for housino and community development activities as
submitted to the Oesart-aieni oT1 Housing and Urban Development.
L L 1. 1
Upon executing the Agreement the Town agrees not to apply for CDBG finds
from the State= of Arizona Small Ciities Program, and may not participate in
a HOME consortium ex-capt 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 or
the respective parties to initiate and complete a local project within
.C I
their respective jurisdiction with their own tunas.
The 9r?, day al: J71 1 -7 199E, shall be the effective data
of this agreement and remain in force for three years. This Acreement
covers CD8G and HOME Program funding for Federal Fiscal y?ars 1999, 1997,
and 1998. This Agreement shall be a-mended to extend the term el Agreement
in order to complete activities funded but not completed, or to expend
program income received during the three years covered by this Agreement.
County and Town may not terminate or withdraw from this Agreement while
the Agreement remains in effect.
7. The Town and the County recoanize that* the County shall be Ihe
governmental entity required Lo-execute any qrant agreement ra#-sived
pursuant to its Consolidated Plan, and that the County shall thereby
become responsible thereunder for the proper performance of the plan and
I.
program. The Town agrees that it shall fuily cooperate with the County in
all eflorts hereunder and 'Chat they will assist in doing any and all
10395 i 945
. .11 1 1 ; .
things required or appropriate t.0 comoly with the provisions of any grant
I
agreement received by the County pursuant to the Act and i's regulations-
L
8. All records of the County or Town related to 'his Consolidated Plan and
any projects undertaken pursuant thereto-shall upon reasanable-not-ice, be
available -For inspection by HUD, County, and/or Town auditors, during
normal business hours.
L. L. L I.
9. This In erg-overnmental Cooperative Agreement shall be binding upon 'he
parties hereto, their successors and assignees. Any assiTgnment of
Acreement shall be void without the consent al: the other party.
10. Pursuant to the primary objective of Title I of 6Lhe Housing and Community
Dev elooment Act of 1-974, the parties hereby agree to direct their
Community Development Block Grant, and HOME Program resources %'award the
development of viable urban communities, by providing decent housing and
a suitable living environment and expanding economic opportunities;
principally -For persons of low- and moderate- income.
!I. County and Town witl take ail required actions necessary to comply with
the urban county's car-tification required by Section 104 (b) of Title 1 of
L
Housinc and Community Development Act of 1-974, as amended, including Title
L
he Civil Rights Act of 1964, ?he Fair Housing Act, sect
V T o'?z : I L I L. tion 109 of
Titl; 14 of the Housing and Community Devetooment Ac-;- of 1974, and other
applicabie 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 'a impede the County's actions to comply
with County fair housing certification.
County and Town have adopted and are enforcing policy prohibiting the use
of excessive forca by law enforcement acencies within its jurisdiction
against any individuals angaged in non-violent civil rights
demonstrations; and
A policy of enforcing applicable State and local laws against physically
I.
barring entrance to or exit from a f cility or location which
ia I 1. 1 is the
subject. el such non-violent civil rights demonstrations within 41ts
jurisdiction.
13. The parties acr-ae that a fully eXecut-ed amendment or amendments to this
Aareement shafl be entered into as required or necessary to imal q? a
I. L
eme. for
detailed and formulated plan and program as contemplated hereunder or I
the purpose of complying with any' grant agreement received or (the
reculations issued pursuant to the Act.
Faillure by either party to adoo an Amendment to this Agreement
I. I. k.
incorpora-ting all changes necessary to meet the requirements for
cooperation Agreements set forth in the Urban County Qualffication Notice
applicable for the year in which the next qualification of the Urban
County is scheduled shall automatically tam, inatte this Agreement following
'he eXpenditure of all Community Development Block Grant and HOME funds
allocated for use in the Town's jurisdiction.
Pursuant I. L L
to 24 CFR 570.501(b), the Town is subject 'a the same
requirements applicable to subrecipients, including the requir ent for a
am
written Agreem.enL set iorth in 21 CFR 570.503.
Of 10395 A46
r
C
IN WITNESS WHEREOF, the parties hereto have caused this cooperative Agreement to
be executed the 5th day of ju-17 1-995. 1. L
PIMA COUNTY BOARD OF SUHRVISORS
Cha
JUL - 5 1,095
ST:
I
Cl rk, Bodrd of -supervisor?
W
REVIE ED BY:
Services Dept,
APPROVED AS TO FORM:
4 ,P -cy
uty County Al torn
1 have reviewed this contract and
have determined L
that it is in
appropriate form and within the
powers and authority granted to the
County.
TOWN OF MARANA
Mayor
83?YY ?:?
For IOWN OF IARANA
I have reviewed this contract and
have determined 'that i? -6 -
I. k. is rn
appropriate form and within the
powers and authority granted to the
Town of Marana.
TrUs ccn-.racr. is suojeCL L-3 Lne
provis"Lons or A.R.S.938-511.
10395 947