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HomeMy WebLinkAboutResolution 98-109 IGA with pima county for 1998 CDBGMARANA RESOLUTION NO. 98-109 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF PIMA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 1998 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 WHEREAS, Pima County has submitted an application to the U.S. Department of Housing and Urban Development (HUD) for the 1998 Community Development Block Grant (CDBG) funds; and WHEREAS, in the event that HUD approves Pima County's 1998 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 Council 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 1998 Community Development Block Grant (CDBG) Program. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6T}~ day of October, 1998. Ora Mae Ham, I~ayor '/ 1 of 2 2 of 2 Tv1AR_A_NNA RESOLUTION NO. 98-109 T A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF NTLA-RAINA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNITTMENTAL AGREEMENT WITH THE COUNTY OF PIMA FOR THE 'j\,LkNjAGEMjE-jNT AIND IMPLEMENTATION OF THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Pima County and the Town of 'Marana desire to engacre iTL housing and 1:1 -_ - community development activities as authorized under the Housin2 and Community Development Act of 19774 and sulbsequent amendments.- and WHEREAS, Pima County has submitted an application to the U.S. Department of Housing and Urban Development (HUD) for the 1998 Community Development Block Grant (CDBG) funds; and WHEREAS, in the event that HUD approves Pima County's 1998 CDBG Consolidated Plan, it is the desire of the Town of Marana and Pima County that the To,,vn of Marana's allocation of the grant be implemented by the Town of Marana: and WHEREAS, the Intergovernmental Agreement with Pima County would --reatly benefit I - 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 Council of the Town of Marana that the Mayor is authorized to execute the Intergovernmental Agrecinent bet-,v?;en the 1 1:1 Town of Marana and Pima County for the management and implementation of the 1998 Community Development Block Grant (CDBG) Pro-ram. 0 T PASSED AND ADOPTED by thei'vlavor and Council of the Town of Nflarana, Arizona, this 6 H day of October, 199S. Ora ilvlae Ham, Nlayor I of2 San S-C'- Town Clejllr' ................... APPROVED AS TO,544RM: ------Daniel J.. HHocchull Town Attorney 2 of 2 RESOLUTION NO. 1998- RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TO" OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, as follows: SECTION 1 Pima County has submitted an application to the U.S. Department of Housing arid Urban Development (HUD) for 1998 Community Development Block Grant (CDBG) funds. SECTION 2 In the event that HUD approves Pima County's 1998 CDBG Consolidated Plan Annual Update, 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. PASSED AND ADOPTED ON PE\4A COUNTY, A Body Politic & Corp. ATTEST: Chairman, Board of Supervisors APPROVED AS TO FORM: Clerk, Board of Supervisors C-1- Deputy-tounty Attorney INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is made and entered into by and between the County 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 federal assistance for community 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, 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; and WHEREAS, the Agency is 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 implementation 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 Agency 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"); and 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; 1 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TERM AND ALLOCATION The effective date of this Agreement shall be the day of 3 1998. This contract will expire one year thereafter. In no event is this Agreement to be interpreted as subject to automatic renewal. Maximum amount allocated under this Agreement shall not exceed one hundred eighty thousand ($180,000.00) dollars. II. WORK TO BE PERFORMED Agency agrees to implement their allocation 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 ftinds to carry out the Projects and the Certifications which were submitted concurrently with the Consolidated Plan to HUD, and with the Cooperation Agreements with the Cities and Towns (Appendix "C"). The Consolidated Plan is hereby 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 County may suffer with respect 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 Description (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. Ill. PAYMENTS Payments by County will not exceed the $180,000.00 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". 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. I The report will include location of client, income level, family size, race, if family is female headed household, services provided, and if family is elderly or handicapped. 2 Reconcihation 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 f6flowing contract terrn and without reimbursement, additional units of contract services in a number equal to the amount of reimbursement overage divided by the unit fee in effect at the termination of the contract term to which the overage apphed. The additional units to be defivered 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. V. INSURANCE REQUIREMENTS Agency shall provide evidence of current insurance as fisted below. Pima CouM sham be named by th insurer as an additional insured on all required insurance for all operations performed within the scop of this Agreement. Required insurance is: Commercial General Liabifity in amount of $1,000,000 combined, single limit Bodfly Injury and Property Damage or $1,000,000 Bodily Injury, $1,000,000 Property Damage. Coverage shall specifically include: Prernises/Operations, Indwendent Contractors, Products/Completed Operations. Contractual LiabUily, and Automobile Liab?? 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 contract involves professional services, Professional LiabUity insurance in amount of $1,000,000 must be provided. If the Contractor %rishes to receive advances of funds, Fidefity Bond or Employee Dishonesty Liability coverage shall be provided in an amount equal to the maximum advance desired. Employee Insurance Workers' Compensation and Unemployment Insurance shall meet all Arizona statutory requirements. All Certificates of Insurance must provide for guaranteed thiT1Y (30) dgy notice of cancellation, non-renewal or material change. Any modifying language in the Insurance Certificate must be deleted. Agency's failure to provide proper notice of insurance meeting all of these conditions shall result in withholding of all payments and in voiding of this Agreement. ,vi. INDEMNITY Agency shall indemnify, defend and hold harrnless Pima County, its officers, departments, employees g and agents fi7om and against any and all suits, actions, legal or adniiinistrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which are attributed to any act or on'llission 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. VIL INDEPENDENT CONTRACTORS The status of Agency shall be that of an independent contractor. Agency shall not be considered an employee or agent of Pima County, shall not be entitled to received any fiinge benefits associated with regular employment and shall not be subject to the provisions of the Pima County Merit System. Agency shall be responsible for payment of all federal, state and local taxes associated with compensation received pursuant to the Agreement and shall indemnify and hold County harmless from any and all liability which County may incur because of Agency's failure to pay such taxes. Agency shall be responsible for program development and operation without supervision of the County. VIII. MODIFICATIONS 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 Services Department. Minor modifications are changes in the Scope of Work or budget which 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. IKSUBCONTRACTS Agency may propose contracts with one or more subcontractors to carry out its obligations under this g Contract, insofar as it deems proper or efficient; provided, however, that all such subcontracts shall be in writing, and shall be subrruitted 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 indirectly employed by them, as it is for the acts and omissions of persons directly employed by itself. Nothing contained in the Contract Documents shall create any contractual relationship between the subcontractor and the County. The contracting for professional services shall be done through an open selection process which shall be in conformanceArith the procedures and requirements of County. X. PROCUREMENT OF GOODS AND SERVICES Agency agrees it will be solely responsible for obtaining all goods 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 County. Agency shall comply with OMB Circular No. A- 122, "Cost Principles for Non-Profit Organizations" (if Agency is a non-profit corporation), OMB Circular No. A-110, and other regulations fisted in Appendix "B". )Q. 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 govem. the rights of the parties, the performance of this Agreement and any disputes thereunder. Any action relating to this Agreement shall be brought in an Arizona Court. if any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue valid and enforceable to the Ul 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 comply 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 85 "Uniform Administrative 5 Requirements for Grants and Cooperative Agreements to State and Local Gove ents" (if Agency is a local government). XE. 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 four (4) years after receipt of the final payment under t ds Contract or until after resolution of audit questions, whichever period is longer. Agency must comply with Section 570.506 "Records to be Maintained" of the Community Development Block Grant Program - Entitlement Grant Regulations. XM. MONITORING AND EVALUATI County will monitor all activities and information sources in the management, fiscal, and service systems of Agency and any subcontracted parties, relating to perfon-nance of duties and obligations under this Contract, to assure that Agency is maintaining adequate and acc table progress and systems, and to ensure that the funds provided to Agency by County are being used effectively and efficiently to accomplish the purposes for which the funds were made available. County, in cooperation with Agency will evaluate products, services, and perforrn ce 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 projects described in Appendix "A". Site visits for monitoring, audit, and/or evaluation may be made at any time dwing nor-mal hours of operation and as often as County may deem necessary. County will give re onable notice when scheduling times for these meetings. 7 Agency shall make available to County for examination a1l of its records with covered by this Contract and shall permit County to audit, examme, and make e from such records, except where legal constraints or professional rules of cond and such other information designated as privileged by such laws or reg confidentiality is legally or professionally mandated, County may require A4 system designed to comply with applicable confidentiality requirements whic information available to County as the laws or regulations will allow. Agency must comply with 24 CFR Part 85 "Uniform Administrative RE Cooperative Agreements to State and Local Governments" Section 85.40 program performance" (if Agency is a local government). spect to all matters erpts and transcripts t prohibit disclosure ?,tions. Where such icy to implement a wiH make as much . or Grants and -s f ing and reporting XRI, CLIENT FEES AND PROGRAM INCOME Any program income generated and received by Agency as a result of contract services shall be kept by Agency, used for the purpose of this contract, and reported to County. Agency 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. XV, NON-ASSI Any assignment or attempted assignment of this Agreement without the prior written consent of County shall be void. This Agreement shall be binding on any and all 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. XVI. NON-WAIVER The failure of either party to insist on any one or more instances upon the full and complete perfon-nance of any of the terrns and provisions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereo? 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. XVII. NON-DISCRMNATION 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 75.5 of the State of Arizona is hereby incorporated into this Agreement by reference, as if set forth in full herein. XVM, TERN41NATION 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 Commuruity Services Department, shall thereupon have the fight to tern-iinate 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 7 option of the County, become its property. In no event shall County be obligated for any payments to ai Agency in excess of grant funds av ilable. Agency shall comply %krith 24 CFR Part 85 "Uniforin Adrriinlistrative Requirements for Grants and Cooperative Agreements to State and Local Governments" Section 85.43 "Enforcement" and Section 85.44 "Tern-driation for Convenience" (if Agency is a local government). XIX. IDENTIFICATION OF FUNDING AND COPYRIGHTS A, All advertisements, real property, publications, printed and other materials which are produced by the Agency and refer to services funded under this Agreement shall clearly attribute "PRVIA COUNTY" and the Community Development Block Grant Prograin in the following suggested format: Funded by: PRAA COUNTY and the Community Development Block Grant Program Reference to Pima County shall be displayed at least as prominently as other credited fiinding sources. 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. XX A.R. S. 3 8-511 -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 or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if 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 of 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. )M 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. 8 XXII. AMERICANS WYM DISABILITIES ACT Contractor shall comply with all applicable provisions of the Ameri cans 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 3 5 and 3 6. =11. 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. XXIV. AUDIT REQUIREMENTS A. Federal Requirements (applicable if Federal funds are involved): If Agency is a state, local government or non-profit organization, Agency shall comply with ONO 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. Agencies with total expenditures of Federal awards less than $50,000 do not have an annual audit requirement. B. State of Arizona Audit Requirements: If Agency is a non-profit organizations, Agency shall comply with ARS § 11 -624 "Audit of Non- Profit Corporations Receiving County Monies." If total expenditures of State or County Funds are greater than $100,000, then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required annually. If total State of County 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. Agencies with total expenditures of Federal awards less than $50,000 do not have an annual audit requirement. 9 C. Additional County Requirements- 1. Agency shall establish and maintain a separate, identifiable accounting of all funds provided by County pursuant to this agreement. 2. 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 i by a qualified, independent accounting firm and shall be submitted to the county within six months of the close of the contract period being audited. It shall include any response Agency wishes to make concerning any audit findings. Audits shall be submitted to: Pima County Community Services Director 32 North Stone Avenue, 16'h Floor Tucson AZ 85701 4. 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. TFIIS SPACE INTENTIONALLY LEFT BLANK 10 XXrV. 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 bound thereby. The section headings 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 day of . 1998. PIMA COUNTY Chairman, Board of Supervisors ATTEST: Clerk of the Board APPROVED AS TO FORM: Deputy County Attorney REVIEWED BY: birector, Community Services Department 11 TOWN OF MARANA Mayor INTERGOVERNMENTAL AGREEMENT DETERMINATION Pursuant to A.R. S. § I 1-952(D), the undersigned has determined that the foregoing Intercyovernmental Agreement between Pima County and the Town of Marana is in the proper form and within the powers and authority granted to the Pima County Board of Supervisors under the laws of the State of Arizona. Dated this J I S_?Iday of 1998. Richard W. McKee Deputy County Attorney APPENDIX "A" PROJECT SUMMARY 12 C5 C14 C14 61? 613, 0 z U) D 0 < w .2 w 31. 2 IL D) < 0 U) 0 0 (n U) < L u 0 LL 0 w m < m > c .2 E C: = P E ' CL L. - 0 a < D IL *a o E E CD 0) 0 cc 6 0 x 2 0 0 CL U) 0 0 c 76 16 o 0 N CL 0 0 < - ci * - a) cc 0 4- N L n (D 7 0 0 a E < C) 0 LO (L 0 L) 0 ci 2 r- W Lo E co u 0 C) 6. C 2 0 C6 . 76 0 0 - U) 0 a .C: E z z u ) 0 = 0 L. CL 2 4; . Ln c 6 cl- to 4) -E < - < P > 'D 0 c cc a) .0 . 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E ca m w E E L) 0 E z 0 .- E -0 c 0- 0 C M -0 C.C 4) D :3 Z (D >1 C,) m - z 0 - -= 0- c M.9 CL 4) ?- 0) o Lp - ?'G 6 ED 3: - - c m >' m 0) a) c Z6 cc - c O.C.- Mcmwmmc"FnwQE 0 V?-Wzomm2x CD 0 CL .- d) C c CD 0 '05 E CD Um) E 'to au r- C o o 0 c m a) CL M 3: - F- --*?j- r-< a) < ? 5 o< 6 0 0 En E a) E 0 4) 0= 16 0 0 CD Z B (U E E cc .- E a) -or E -M 0 LE) o C- C 0 0 = 'T '6 0) ch m m >,.c -0 - tu cu M 2 '-Z CD Z LD -? > 0- 0- .0 U) OD a) 0 0 c :3 M c 0 0 a) E ;,, ? 0 o 3 0 co C, L) -C 0; c U) E :-?? c a) E a) Cc M .'o 0 E 5 C) cn (U :3 -0 Z'o 0 a) 0 Z) a) m 2 8. a: 4 'a 'm -'0 'c co 0) 0) m rl- co 0 0 ai 6 cc m 0 0 tf c ca 0 65 'a E 0 0 0 0 z z Cl. U) 0 > U) 0 U) W 0 W M 0 0 0 ci 2 r- - Lf) 3: 2 0 = _j -0 R T) C-4 G-) 06 C:j U) C) CY) 0 Iq 0 0 0 Cl) d m r- ;?, OD Q) cn Z o 0 - 0 u 0 Ul U) -j L) ,Np_PEND1X 1 T B f 1 Agency hereby certifies it will comply with: HUD Community Development Block Grant Regulations at 24 CFR Part 570. 1) Z? Title I of the Housing and Community Development Act of 1974. 24 CFR Part 85, "Uru'form Admiru*strative 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 Disaster Protection Act of 1973. 9) National Environment Policy Act of 1969. Section 106 of the National Historic Preservation Act of 1966, Executive Order 115 93. 10) Federal Labor Standards Provisions. "-" NIR?f tes Cbpcal Governments" (If agency -is local OMB Circular A-1289 "Airffits ?a ,government. 12) OMB Circular A-122, -Cost principals for Non-Profit Organizations" (if agency is non- profit organization). 13) OMB Circular A- 110, A-8 7, and A-21. 14) Subpart K of the Community Development Block Grant program Entitlement Regulations. m unity Development 15) 570 . 200(J) First Amendment Church/State Principles of the Co m Block Grant Program Entitlement Regulations. 16) 570.503(b)(6) Prohibition Against Religious Activities. 17) 570.503(b)(8) Reversion of Assets. 12 APPENDIX "B" Agency hereby certifies it "rill comply Nkrith: 1) HUD Community Development Block Grant Regulations at 24 CFR Part 570. 2) Title I of the Housing and Community Development Act of 1974. 3) 24 CFR Part 85, "Uniforrn 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 Disaster 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-133, Audits of States and Local Governments and Non-Profit Organizations. 12) OMB Circular A-122, "Cost Principles for Non-Profit Organizations" (if agency is non-profit organization). 13) OMB Circular A- I 10, A-87, and A-2 1. 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 Program Entitlement Regulations. 16) 570.503(b)(6) Prohibition Against Religious Activities. 17) 570.503(b)(8) Reversion of Assets. 13 F. ANN RODRIGUE**""- RECORDED BY: H D&Y ?E14AR 04 1 21)_57 R002 FIMA CO CLERt... OF THE BOARD F, T C ?::'U F TUCSON A. e?J-,(-_)i T- EM (M F-7. 1(-)(:)3 E 0 OF PAGES: SEQUENCE: 1 ql?'S 10 1(--)4F--. 1 6 / 2 4/ ?-_' S RE S _11:P! PI C?-`UF AMOUNT PAID S c) . c) () RESOLUTION NO. 1998 - 1?6 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY 07 PIZA AUTHORIZI-NG THE BOARD OF SUPERVISORS TO ENTER INTO AN T-NTEERGOVERMi-ENTAL COOP ETUXT IVE AGREE NT WITH THE TOWN OF MARANA FOR COMMUNITY DEVELOPMZ= BLOCK GRANT AND HOME INVEST3fENT PARTNERSHIP PROGRAM PURPOSES. WHEREAS, the County and the Town of Marana desire to engage in housing and communitV development activities as authorized under the Housing- and Community Development Act of 1974 and subsequent amendments; and WHEREAS, it is necessary to enter into an Intergovernmental Coooerative z?greement h e ommun I, zv in order to meet the requirements of t' Hous4na and C_ Develooment Act of 1974 and subsequent amendments; and WHEREAS, the County and the Town of M-arana are public agencies under the Provision of Sections 11-951 et seq. of the Arizona Revised Statutes, and each is authorized by law to enter into joint powers agreements; and WHEREAS, tme County and the Town of Marana a-re individually authorized I-r, law to engage in housing and community development activities; and WHEREAS, the County and the Town. of Ma=?La do hereby f4nd and determine that it is to the best interest of the residents of the unincc_--ocrated areas of the Countv and the Town of Marana. that housing and community develc=menz activities be performed jointly in accordance with the pro-?-isions of this Agreement and that the U.S. Demartme=t of Housing and Urban Devellcoment recommends that exoenditures of funds for each ourzose be on an Urban Count-v basis; and WHEREAS, it is mutually beneficial to each of the parties .1lereto for the County to administer -and execute =he provisions of the Agreement 4- acccrdance 'with the terms and conditions hereinPfter urovided and subject t o local ordinance and State and Federil law; NOW THER-EFOPE, BE IT RESOLVED, that the County of Pima does enter into an intergovernmental Cooperative Agreement with the Town of Marar-a for C?BG and Home Program purposes. I PASSED AND ADOPTED by the Board of Supervisors of Pizma Countv this 16-,11 da-v 0- JIZIe 1998. Piy_'?L COUN"I"Y BOARD OF SUPERVTISCPS ""ZI ? / .4 * ? ' Cler% &Z" the' -BoaL-d--) APPROVED AS TO FO?LM: cot __'n t cot t ?y i og?L, i nn? LVIARANA RESOLUTIONNO. 98-60 A RESOLUTION OF THE MAYORAND COUNCIL OF THE TOWN Or MARANA, ARIZONA AIJTHORIZING THE TOWN TO ENTER INTO AN I-INTERGOVERNMENTAL AGREEMENT C WITH THE PITYIA COUNTY FOP, THE MANAGEMENT OF COMIMUNITYDEVELOPMENT BLOCK GRANT FUNDING AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDING THROUGH THE YEAR 2001. WHEREAS, the Town of Marana a-id the County of Pima havc agreed to enter into an Intergoverrimental Agreement (IGA) relating to the participation in the Comniunity Development 1 .3 Block Grant (CDBG) Program and HOMIE Investment Partnership program for a three-year period within that same program; and WHEREAS, the Town would Financially benefit based on participation with Pinia County in the programs as it would benefit the citizens of the Town of Marana and be in the Town's best interest. NOW. THEREFORE, BE IT RESOLVED, that the Town of Marana is authorized to enter intu an Intergovemmental Agreement between the Town of Marana and County of Pima for the managemcnt of Community Development Block Grant and Home Investment Partnership Programs throu-h the year 2001. BE IT FURTHER RESOLVED, that the Mayor is authorized to execuie said InLergovcrnmcntal Agmcnient on behal f of the Town of Marana. A, I -f%l lk-okilloll '4v ON-0) I"Lat I of I CONTRACT H. C(04-, IN INTERGOVERNMENTAL COOPERATIVE AGR ?111E---? COMMUNITY DEVELOPMENT BLOCK GRA This numbet must appear on all _!PRA1\4orrespondence, and AND documents pertaining to this HOME INVESTMENT PARTNERSHIP PRO&?AU THIS AGREEMENT made and entered into this J12rb day of June 1998, by and between the County of Pima, a political subdivision of the State of Arizona, hereinafter referred to as the "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 -i own." WITNEESSETH: 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; and WHEREAS, the County and the Town are public agencies under the Provisions of Sections 11-951 et s-ea. of the Arizona Revised Statutes, and each is authorized by law to enter into joint powers agreements; and WHEREAS, the County and the Town are 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 interest of the residents of the unincorporated areas of the County and the Town 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 recommends that expenditures of funds for such purpose be on an Urban County basis; and WHEREAS, it is mutually beneficial to each of the parties hereto for the County to adminisler and execute the provisions of this Agreement and the provisions of the Agreement ' 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 for-th herein, in accordance with 'the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law, NOW, THEREFORE, IT IS AGREE:D AS FOLLOWS.- Pima County, as an Urban County, is hereby designated as the sponsoring agency to I 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 Development 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 the final responsibility for selecting 211 CDBG and HOME projects in accordance with the approved Community Development and Housing Consoficated Plan. IOR?L 100L 2. 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 certifications as required by HUD, subject to change in legislation or regulations and the Consolidated Plan. 3. 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. 4. 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 enfity'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. 5. It is understood that in order to qualify for funds under the Housing and Community Development Act of 1974 and subsequent amendments, ft 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 partidpate 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. 6. The 16th day of _ le 1998 , shall be the effective date of Agreement, and remain in force for three years. This Agreement covers CDBG and HOME Program funding for Federal Fiscal years 1999, 2000, and 2001. 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 rec'_=ived during the three years covered by this Agreement 7. 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, a that the County shall thereby become responsible thereunder for the nd lu proper Performance of the plan and program. The Town agrees that it shall I IIY cooperate with the County in all efforts hereunder and I at they will assist Lh L in doing any and all thin-as required or appropriate to comply with the provisions of any grant agreement received by the County pursuant to the Act and its regulations. 8. All records of the County or Town related to this Consolidated Plan and any projects under-Laken pursuant thereto shall upon reason2ble notice, be available for inspection by HUD, County, and/or Town-auditors, during normal business hours. 10824 1005 9. This Intergovernmental Cooperative Agreement shall be binding upon the pates hereto, their successors and assignees. Any assignment of Agreement shall be void without the consent of the other party. 10. Pursuant to t?e primary objective of Tiitle I of the Housing and Community Development Act of 1974, the parties hereby agree to direct their Community Development Block Grant and HOME Proaram resources toward 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. County and Town will take all required actions necessary to comply with the Urban County's Certificadon required by Section 104(b) of Tide I of the Housing and Community Development Act of 1974, as amended, including TiWe 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 certificabon. 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 ri-ghts demonstrations; and 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. 13. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary to implement a detailed and formulated plan and program as contemplated hereunder or for the purpose of complying with any a-rant 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 expenditure of all Community Development Block Grant and HOME funds allocated for use in the Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(b), the Town is suciect to the same requirements a , o , olicable to subrecipients, including the requirement for a written Agreement set forth in 24 Clc::R 570.503. 1082L 1006 IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed the jEt-jiday of jljrp . 1998. PIMA COUNTY BOARD OF SUPERVISORS TOWN OF MARANA k? L , -- - Chairman, Board of Su rvisors Mayor N 1 6 My 8 ATTEST: CleK Board'of Supervisors RE 'VIEWED BY: ??Orl Community Services Dept Z APPROVED AS TO FORM: Dec) Cou?ntLyAttorney I have reviewed this contract and have determ ined that it is in appropriate form and within the powers and authority granted to the County. The Agreement provides full Ieaal authority for the County to undertake or 2ssist in undertaking essential community development assistance activities, specifically urban renewal and publicly assisted housing. APPROVED AS TO FORM: ?t 6wn 6-?--rk,4 T 70e I have reviewed this contract and have en-nined that if is in appropriate form and within tthpowers and authority granted to the Town of Marana. 10324 1007 OPINION OF DEPUTY COUNTY ATTORNEY URBAN COUN TY COOPERATION AGREEMENT I am an Attorney at Law admitted to practice in the State of Arizona- and a duly appointed Deputy County Attorney for the County of Pima. I have examined the Cooperation Agreements entered into by and between the County of Pima and the cities specified in the Attachment hereto, pursuant to Title I of the Housing and Community Development Act of 1974, and I am of the opinion that each of such Cooperation Agreements 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 agreements are authorized under state and local law and that Pima County is authorized to enter into these agreements 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 Agreements or the ability of the County of Pima to be the applicant for funding as a Urban County under T'ide I of the Housing and Community Development Act of 1974, as amended. ?Dep ?Cou?nAt?tomey??? Civil Division 10824 1008 MARANX 1\ TOWN OF MARANA July 28, 1998 Pima County Community Services Department Mr. Allen Kulwin 32 N. Stone Avenue 16?h Floor Tucson, AZ 85701 RE: Memo of Understanding/CDBG and HOME Program Dear Mr. Kulwin: Enclosed please find two executed originals regarding the above captioned matter. At your earliest convenience please forward to me an executed original for my file. If you have any questions please feel free to contact me. Sincerely, Diane Mangialardi Deputy Clerk 13251 N. LON ADAMS ROAD IIIIIII MARANA, ARIZONA 85653 PHONE: (520) 682-3401 FAX: 682-2654 MEMORANDUM OF UNDERSTANDING On June 16, 1998 Pima County and the Town of Marana entered into an Intergovernmental Cooperative Agreement for the Community Development Block Grant Program and the Home Investment Partnership Program. In accordance with program requirements and consistent with the expiring 1v Intergovernmental Cooperat; e Agreement, paragraph #6 is revised to read as follows: The 16th day of June, 1998, shall be the effective date of Agreement, and remain in force for three years. This Agreement covers CDBG and HOME Program funding for Federal fiscal years 1999, 2000, and 2001. This Agreement shall 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. County and Town may not terminate or withdraw from this Agreement while the Agreement remains in effect. The parties agree that this clause is hereby included and made part of the above mentioned Intergovernmental Cooperative Agreement. PIMA COUNTY TOWN OF MARANA Chairman, Board of Supervisors ax?)iao-4LU Mayor ATTEST: Clerk of the Board PEk1A COUNTY COMMUNITY SERVICES DEPARTMIENT HANK ATHA 32 N. Stone Ave. - 16th Floor Director Tucson, Arizona 85701 (602) 740-5205 July 15, 1998 Mike Hein, Town Manager Marana Town Hall 13251 N Lon Adams Rd. Marana, Az. 85653 Dear Mike: A clause critical to HUD got omitted from our three-year cooperation agreement. Could you please have your Mayor sign the enclosed Memo of Understanding. Feet free to call me if you have any questions. Sincerely, zx?`111 ? Allen M. Kulwin Community Development Coordinator F. ANN RODRIGP'". RECORDER RECORDED BY: DEPUTY RECORDER 20-57 R002 P0230 PIMA CO CLERi` OF THE BOARD F! CK*UP TUCSON A.Z_ 85701 DOCf: 'ET: 1 (_)e24 PAGE. !(-)(--)3 NO. OF PAGES: 6 SEQUENCE: 1 Q (-)6/241/1?8 X10 RES 11:21 PI CKUP AMOUNT PAID $ RESOLUTION ND. 1998 - 126 A RESOLUTION OF THE BOARD OF SUPERVISORS OF 'THE COUNTY OF PIMA AUTHORIZING THE BOARD OF SUPERVISORS TO ENTER INTO AN 124TERGOVERNMENTAL COOPERATIVE AGREE NT WITH THE TOWN OF MARANA FOR COMMUNITY DtVELOPMLNT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM PUP-POSES. WHEREAS, the County and the Town of Marana des, , re to engage in housing and community development activities as authorized under the Housing and Community Development Act of 1974 and subsequent amendments; 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, the County and the Town of Marana are Public agencies under the Provision of Sect4;ns :11-951 et seq. of the Arizona Revised Statutes, and each is authorized by law to enter into joint powers agreements; a-rid WHEREAS, the County and the Town of Marana are individually authorized by law to engage in housing and community development activities'; and WHEREAS, the County and the Town of M-axana do hereby find and determine that it is to the best interest of the re'sidents of the unincorporated areas of the County and the Town of Marana that housing and communi-.y development 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 exDenditures of funds for each purpose be on an Urban Countv 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, that the County of Pima does enter into an Intergovernmental Cooperative Agreement with the Town of Marana for CDBG and Home Program purposes. 4. PASSED AND ADOPTED by the Board of Supervisors of Pima County this _]LJ:h_day o f -June 1 1998. PIMA COUNTY BOARD OF SUPERVISORS L 6 1098 ie"', oar APPROVED AS TO FORM: Deput- Coun Atto-_-nev? 0. C)(-) 10824 1003 CONTRACT Sh -qL-(L L INTERGOVERNMENTAL COOPERATIVE AGRL - , f '01R. In F: COMMUNITY DEVELOPMENT BLOCK Gl? AND HOME INVESTMENT PARTNERSHIP This numbet must appear on all iTRP1tQQRAl%orrespondence, and documerts pertaining to this THIS AGREEMENT made and entered into this J12rb day of Jime 1998, by and between the County of Pima, a political subdivision of the State of Arizona, hereinafter referred to as the "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." WITNESSETH: 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; and WHEREAS, the County and the Town are public agencies under the Provisions of Sections 11-951 et seg. of the Arizona Revised Statutes, and each is authorized by law to enter into joint powers agreements; and WHEREAS, the County and the Town are 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 interest of the residents of the unincorporated areas of the County and the Town 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 recommends that expenditures of funds flor such 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 this Agreement and the provisions of the Agreement 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, t NOW, THEREFORE, IT IS AGREED 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 Development 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 the final responsibility for selecting all CDBG and HOME projects in accordance with the approved Community Development and Housing Consolidated Plan. 10824 1004 2. 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 certifications as required by HUD, subject to change in legislation or regulations and the Consolidated Plan. 3. 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. 4. 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. 5. 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 CDE3G 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. 6. The 16th day of June 1998 , shall be the effective date of Agreement, and remain in force for three years. This Agreement covers CDBG and HOME Program funding for Federal Fiscal years 1999, 2000, and 2001. 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. 7. 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 County 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. 8. All 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. 10824 1005 9. This Intergovernmental Cooperative Agreement shall be bin ing upon the parties hereto, their successors and assignees. Any assignment of A reement shall be void without 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 providing decent housing and a suitable living environment and expanding economic opportunities; principally for persons of low- and moderate- income. County and Town will take all required actions necessary to Mmply 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 sha I not fund Town if the Town does not affirmatively further fair housing within its own ju i di s iction. 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 witt 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 rights demonstrations; and 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 on-violent civil rights demonstrations within its jurisdiction. 13. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary 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 AgreE changes necessary to meet the requirements for cooperation A the Urban County Qualification Notice applicable for the YE qualification of the Urban County is scheduled shall autom Agreement following the expenditure of all Community Develop HOME funds allocated for use in the Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(b), the Town is subject to the applicable to subrecipients, including the requirement for a written in 24 CFR 570.503. nt incorporating all ements set forth in in which the next ally terminate this it Block Grant and same requirements Agreement set forth 10824 1006 IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed,the Ifitladay of Junp . 1998. PIMA COUNTY BOARD OF SUPERVISORS k? W Chairman, Board of'Su rvisors; N 1 6 19918 ATTEST: CIeK' Board of Supervisors REVIEWED BY: ???Or, Community Services Dept TOWN OF MARANA (0-t6-, -Q , 1/41 Mayor APPROVED AS TO FORM: 6wn 6ierkA r APPROVED AS TO FORM: Dep CountyAttomey I have reviewed this contract and have ermined that if is in appropriate form and within tth powers and authority granted to the Town of Marana. C I have reviewed this contract and have determined that it is in appropriate form and within the powers and authority granted to the County. The Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development assistance activities, specifically urban renewal and publicly assisted housing. 10824 1007 OPINION OF DEPUTY COUNTY ATTORNEY URBAN COUNTY COOPERATION AGREEMENT I am an Attorney at Law admitted to practice in the State of Arizona- and a duly appointed Deputy County Attorney for the County of Pima. I have examined the Cooperation Agreements entered into by and between the County of Pima and the cities specified in the Attachment hereto. pursuant to Title I of the Housing and Community Development Act of 1974, and I am of the opinion that each of such Cooperation Agreements 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 agreements are authorized under state and local law and that Pima County is authorized to enter into these agreements 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 Agreements 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. Dep County Attorney Civil Division t 10824 ion MARANX TOWN OF MARANA June 3, 1998 Mr. Allen M. Kulwin Pima County Communi? Services Department 32 N. Stone Avenue 16 Floor Tucson, AZ 85701 Dear Mr. Kulwin: Enclosed please find the contract to requalify as an Urban County under the Community Development Block Grant Program. Please forward an original once the Supervisor of Pima County executes the contract. If you have any questions please feel free to contact me. Sincerely, ialaTrd Deputy Clerk 13251 N. LON ADAMS ROAD MARANA, ARIZONA 85653 PHONE: (520) 682-3401 FAX: 682-2654 PIMA COUNTY COMMUNITY SERVICES DEPARTMENT HANK ATHA 32 N. Stone Ave. - 16th Floor Director Tucson, Arizona 85701 (520) 740-5205 April 30, 1998 Hurvie Davis, Town Manager Town of Marana 13251 N. Lon Adams Marana, AZ 85653 Dear Hurvie: The Department of Housing and Urban Development (HUD) has notified Pima County that it is time to requalify as an Urban County under the Community Development Block Grant Program (CDBG). The incorporated political jurisdictions within the County may elect to either join with Pima County under the Urban County Program or to compete for funds in the State of Arizona, Small Cities Program. We believe that your community will financially benefit from participating in the Urban County Program, but the decision is up to you. In addition, as part of the Urban County Program your community is automatically eligible to participate in the HOME program. The decision of whether or not to participate must be approved by your governing council and formalized in an intergovernmental agreement prior to June 1, 1998. If your Council chooses not to participate in the Urban County Program, please complete the enclosed Notification of Intent not to Participate in the Urban County Program, and return a copy to Pima County and HUD by June 1, 1998. If applicable, send the Notification of Intent Not to Participate to: Allen M. Kulwin Pima County Community Services Department 32 N. Stone Avenue, 16th floor Tucson, AZ 85701 and Sue Miller, U.S. Department of HUD 2 Arizona Center, #1600 400 North 5th Street Phoenix, AZ 85004 April 30, 1998 Hurvie Davis Page 2 If you have any questions regarding the Urban County Program, please contact me at 740- 5205. Sincerely, Allen M. Kulwin Community Development Coordinator NOTIFICATION OF INTENT NOT TO PARTICIPATE IN URBAN COUNTY PROGRAM It is the intent of the Town of Marana not to participate with the County of Pima, Arizona, in the Urban County - Community Development Block Grant Program sponsored by the Department of Housing and Urban Development for Fiscal Years 1999, 2000, and 2001. By: Date: ATTEST: Mayor Clerk Date: RESOLUTION NO. 1998 - A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PIMA AUTHORIZING THE BOARD OF SUPERVISORS TO ENTER INTO AN INTERGOVERNMENTAL COOPERATIVE AGRERM NT WITH THE TOWN OF MARANA FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND H014E INVESTMENT PARTNERSHIP PROGRAM PURPOSES. WHEREAS, the 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 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, the County and the Town of Marana are public agencies under the Provision of Sections 11-951 et seq. of the Arizona Revised Statutes, and each is authorized by law to enter into joint powers agreements; and WHEREAS, the County and the Town of Marana are individually authorized by law to engage in housing and community development activities; and WHEREAS, the County and the Town of Marana do hereby find and determine that it is to the best interest of the residents of the unincorporated areas of the County and 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 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, that the County of Pima does enter into an Intergovernmental Cooperative Agreement with the Town of Marana for CDBG and Home Program purposes. PASSED AND ADOPTED by the Board of Supervisors of Pima County this _ day of 1 1998. PIMA COUNTY BOARD OF SUPERVISORS Chairman ATTEST: APPROVED AS TO FORM: Clerk of the Board Deput?y County Attorney INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM THIS AGREEMENT made and entered into this _ day of 1998, by and between the County of Pima, a political subdivision of the State of Arizona, hereinafter referred to as the "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." WITNESSETH: 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; and WHEREAS, the County and the Town are public agencies under the Provisions of Sections 11-951 et seg. of the Arizona Revised Statutes, and each is authorized by law to enter into joint powers agreements; and WHEREAS, the County and the Town are 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 interest of the residents of the unincorporated areas of the County and the Town 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 recommends that expenditures of funds for such 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 this Agreement and the provisions of the Agreement 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, IT IS AGREED AS FOLLOWS 1 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 Development 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 the final responsibility for selecting all CDBG and HOME projects in accordance with the approved Community Development and Housing Consolidated Plan. 2 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 certifications as required by HUD, subject to change in legislation or regulations and the Consolidated Plan. 3. 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. 4. 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. 5. 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. 6. The - day of _ 1998 , shall be the effective date of Agreement, and remain in force for three years. This Agreement covers CDBG and HOME Program funding for Federal Fiscal years 1999, 2000, and 2001. 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. 7. 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 County 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. 8. All 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 H U D, County, and/or Town auditors, during normal business hours. 9. Tills Intergovernmental Cooperative Agreement shall be binding upon the parties h,' their successors and assignees. Any assignment of Agreement shall be void ",A/i'N)0LJt the consent of the other party. 0 P?,J-?liant to the primary objective of Title I of the Housing and Community Development Act of -19'/4, the parties hereby agree to direct their Community Development Block Grant and HOME Program resources toward the development of viable urban COt-IlML1111ties, by providing decent housing and a suitable living environment and ?,xpanclinq economic opportunities; principally for persons of low- and moderate- income. 11 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 Cumriiuni?y 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 rights demonstrations; and 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. 13. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary 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 expenditure of all Community Development Block Grant and HOME funds allocated for use in the Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(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. IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed the _ day of _ 1 1998, PIMA COUNTY BOARD OF SUPERVISORS Chairman, Ro?ird of Supervisors ATTFST? Clerk, Board of Supervisors REVIEWED BY: Direeror, Community Services Dept. APPROVED AS TO FORM: Dep County Attorney I have reviewed this contract and have determined that it is in appropriate form and within the powers and authority granted to the County. The Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development assistance activities, specifically urban renewal and publicly assisted housing. TOWN OF MARANA Mayor APPROVED AS TO FORM: Town CfMk,17'7-eeA)z_11' I have reviewed this contract and have ?eterminecl that if is in appropriate form and within t1le powers and authority granted to the Town of Marana. OPINION OF DEPUTY COUNTY ATTORNEY URBAN COUNTY COOPERATION AGREEMENT I am ari 11\Lturney at Law admitted to practice in the State of Arizona and a duly appointed Deputy County Attorney for the County of Pima. I have examined the Cooperation Agreements entered into by and between the County of Pima and the cities specified in the Attachment hereto, pursuant to Title I of the Housing and Community Development Act of 1974, and I am of the opinion that each of such Cooperation Agreements 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 agreements are authorized under state and local law and that Pima County is authorized to enter into these agreements 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 Agreements 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. Deput ?County Attorney Civil Division Ffom: Marie Jewed To: Diane Mangialardi Date: 10121198 Time: 09:1514 1 Page 2 012 -?7 ? F T 'A7 -F 1 L --------- ------ T PA R T Jf r A 1? T A Z ----------- --- ------- 7 T? A T T T Q A jv?,-T? i 1 N F r ?,,M A ' T Ti?,' -'N' Y Ar?L N1 T R 'AT H-', I ?AT N E, A I F F FE L W CV ?X, . . ................ * ...... ................ ............ ............. ... ...... ...... ......... ........ FT--L? A AR! NA ??S,,? RETE-N-70N P,`?_11- -NPI? 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