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HomeMy WebLinkAboutResolution 2001-141 IGA FOR CDBG RESOLUTION NO. 2001-141 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COLrlhrrY FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Pima County has submitted an application to the U.S. Department of housing and Urban Development (HUD) for the 2001 Community Development Grant (CDBG) funds; and WHEREAS, in the event that HUD approves Pima County's 2001 CDBG Consolidated Plan Annual Update, it is the desire of the Town of Marana and Pima County, that the Town of Marana's allocation of the grant be implemented by the Town of Marana. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the accompanying Intergovernmental Agreement with Pima County attached hereto as Exhibit A and incorporated herein by this reference be approved, provided that, as a condition precedent to the Agreement becoming effective, HUD must approve Pima County's 2001 CDBG Consolidated Plan Annual Update; and BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2001 CDBG Consolidated Plan Annual Update, the Mayor of the Town of Marana is authorized to execute the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of November, 2001. ATTEST: , Sutton, Jr. ~ocelyn ~ntz - ~ ~ ~ "~ ~ Town C~rk ~ iS~ ~ APPRO~D AS TO FO~: ~/JJjill{l~ As Town Attorney ~d not personally EXHIBIT A Contract Number: PIMA COUNTY COMMUNITY SERVICES DEPARTMENT INTERGOVERNMENTAL AGREEMENT ~ROJECT NAME: Administration, Honea Heights Bike Path, Housing Rehabilita~on, Emergency Home Repair, Affordable Housing Land Acquisition, Yoem Pueblo Street Improvements CONTRACTOR: Town of Marana 13251 N. Lon Adams Rd. Marana, AZ. 85653 ~URPOSE: Provide funding for Contractor to administer and maintain the projects to be developed and carry out the specific activities, as described in the Project Summary Appendix A FUNDING: CDBG GRANT DISTRICT NO: 3 CONTRACT TERM: 11/01/_~.91 TO 12/31/02 CONTRACT AMOUNT: $232,000.00 INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS Intergovernmental Agreement ("Contract") entered into between Pima County, a body politic and corporate of the State of Arizona, hereinafter called "COUNTY" as the Community Development Block Grant Recipient, and the Town of Marana, a body politic and corporate, hereinafter called CONTRACTOR. WITNESSETH WHEREAS, COUNTY through its annual Community Development Block Grant (CDBG) proposal I~rocess for federal year 2001, required all applicants submit a proposal for each of their projects that they would like to be considered for funding; WHEREAS, there has been enacted into law Public Law 97-35, the Housing and Community Development Act, as amended, the pdmary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas, including the area served by the Contractor;, WHEREAS, the County as an "Urban County" as the term is used in the Act, is authorized to apply for and accept Community Development grants with respect to its unincorporated territory and with respect to included units of general local government actively participating wit the County to undertake or to assist in the undertaking of essential community development and housing assistance activities; WHEREAS, the Contractor is a legal entity within the territorial boundaries of the County; t^IHEREAS, the Contractor and County have agreed to submit a proposal to the U.S. Department of Housing and Jan Development, hereinafter referred to as "HUD"; WHEREAs, in the event that the Contractor's proposal is approved by HUD as part of the County's Annual Action 'an and a Community Development Block Grant is made to the County on account of such Annual Action Plan, the r, arties heretofore will enter into this Contract providing for implementation of the Contractor's allocation of the grant by the County, the Subrecipient or by cooperative action of the two agencies; WHEREAS, it is the desire of the Contractor and the County that the Contractor's allocation of the grant be implemented by the Town of Marana; WHEREAs, the Contractor is the legal entity responsible for operating and maintaining the projects to be developed, and carrying out the specific activities, as described in the Project Summary (Appendix A); WHEREAs, the Contractor shall undertake the same obligations to the County, as the County does to HUD, with respect to the Contractor's allocation of the Community Development Block Grant; and WHEREAS, the Pima County Board of Supervisors reviewed and approved such proposal; now, therefore, The parties agree as follows: ARTICLE I - TERM AND EXTENSION/RENEWAl This Contract shall commence on the 1st day of November ,2001 , and shall terminate on the 31 day of December ,2002 unless sooner terminated or further extended pursuant to the provisions o~ this Contract, provided that it shall not be effective until recorded with the Pima County Recorder following execution by both parties. This Contract, upon mutual consent of the parties may be extended for a period of time not to exceed up to 2 additional twelve month pedods. Any modification or time extension of this Contract shall comply with the modifications provisions contained in the Special Agency Conditions, which are attached as Appendix B to this 3ntract and fully incorporated herein by reference. ARTICLE II - PAYMENT/FINANCING This is a cost reimbursement Contract. In consideration of the services specified in this Contract, the COUNTY agrees to reimburse CONTRACTOR for expenses incurred pursuant to the following budget: Administration $ 30,000.00 Honea Heights Bike Path $ 75,000.00 Housing Rehabilitation $ 45,000.00 Emergency Home Repair $ 20,000.00 Affordable Housing Land Acquisition $ 30,000.00 Yoem Pueblo Street improvements $ 32,000.00 The total amount of this Contract is $232,000.00. Payments and allocation by County will not exceed the $232,000 which as allocated for this project by the U.S. Department of Housing and Urban Development under the Community Development Block Grant Program. No funds other than the CDBG funds will be expended or advanced by the County, from any source, for the projects described in Appendix A. Payments shall conform to the budget categories itemized in this article. Requests by Contractor for payment will include all claims and invoices of every kind and nature against County, arising under this Contract or any provision thereof, express or implied, or from any cause whatsoever. Reconciliation of payment received with actual costs incurred shall be accomplished pdor to final payment, or through bsequent audit. If payment received exceeds actual costs, the Contractor shall, at the County's discretion, 1) ,efund to the County the excess amount received; or 2) provide, dudng the following contract term and without reimbursement overage divided by the unit fee in effect at the termination of the Contract term to which the overage ~evised August O0 /profem'l.wpd applied. The additional units to be delivered shall be for commensurate contract services. If Contract services are ot continued in the next Contract term, option (1) shall be effected. _ARTICLE III - SCOPF A. Purpose The purpose of this Contract is to provide funding for Contractor to administer and maintain the projects to be developed and carry out the specific activities, as described in the Project Summary contained in Appendix A and fully incorporated herein by reference. B. Scope Scope of work to be performed by Contractor shall include: Contractor 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 funds to carry out the Projects, the Certifications which were submitted concurrently with the Annual Action Plan to HUD, and with the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program contained in Appendix C and fully incorporated herein by reference. The Annual Action Plan is hereby incorporated by reference into this agreement fully as is set forth herein. Contractor agrees that it undertakes hereby the same obligations to the County that the County has undertaken to HUD pursuant to said Annual Action Plan and assurances. Contractor will hold County harmless against any injury which County may suffer with respect to HUD on account of any failure on the part of Contractor to comply with the requirements of any such obligation. Contractor shall perform in accordance with the Project Summary Appendix A set forth in this Contract. The work under this Contract will be performed to the satisfaction of the County. County will interpret all reports pursuant to the budget and will decide the acceptability and progress of work, and amount to be paid under this Contract. C. Performance Requirements CONTRACTOR certifies that it will to the best of CONTRACTOR'S ability perform the work in accordance with the terms of this Contract and with the laws, regulations and other legal authorities listed in Attachment B-1 of Appendix B to this Contract and incorporated herein by reference. CONTRACTOR shall employ suitably trained and skilled professional personnel to perform all services under this Contract. Prior to changing any key personnel, especially those key personnel COUNTY relied upon in making this contract, CONTRACTOR shall obtain the approval of COUNTY. The key personnel include the following staff: Mike Hein Contractor will supply County with a monthly and an annual report which lists statistical data on the clients served. The report will include location of client, income level,~amily size, race, if family is female headed household, services provided, and if family is elderly or handicapped. Contractor shall keep and maintain proper and complete books, records and accounts, which shall be open at all reasonable times for inspection and audit by duly authorized representative of County. Contractor shall retain all records relating to this Contract at least 4 years after its termination or cancellation of, if later, until any related pending proceeding or litigation has been closed. Contractor must comply with Section 570.506 "Records to be Maintained" of the Community Development Block Grant Program - Entitlement Grant Regulations. ARTICLE IV- INSURANCF CONTRACTOR shall obtain and maintain at its own expense, during the entire term of this Contract the following type(s) and amounts of insurance: Revised August O0 /profem'l.~pd a) Commercial General Liability in the amount of $1,000,000.00 combined, single limit Bodily Injury and Property Damage. Pima County is to be named as an additional insured for all operations performed within the scope of the Agreement between Pima County and Contractor; b) Commercial or Business automobile liability coverage for owned, non-owned and hired vehicles used in the performance of this Agreement with limits in the amount of $1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage; c) If this Agreement involves professional services, professional liability insurance in the amount of $1,000,000.00; and, d) If required by law, workers compensation coverage including employees liability coverage. CONTRACTOR shall provide COUNTY with current certificates of insurance. All certificates of insurance must provide for guaranteed thirty (30) days written notice of cancellation, non-renewal or material change. ARTICLE V - INDEMNIFICATION CONTRACTOR shall indemnify, defend, and hold harmless COUNTY, its officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands and costs attendant thereto, arising out of any act, omission, fault or negligence by the CONTRACTOR, its agents, employees or anyone under its direction or control or on its behalf in connection with performance of this Contract. ARTICLE VI - COMPLIANCE WITH LAW?, CONTRACTOR shall Comply with all federal, state, and local laws, rules, regulations, standards and Executive -ders, without limitation to those designated within this Contract. The laws and regulations of the State of Arizona .,,~all govern the dghts of the parties, the performance of this Contract, and any disputes hereunder. Any action relating to this Contract shall be brought in a court of the State of Arizona in Pima County. Any changes in the governing Jaws, rules, and regulations dudng the terms of this Contract shall apply, but do not require an amendment. _ARTICLE VI/- INDEPENDENT CONTRACTOR The status of the CONTRACTOR shall be that of an independent contractor. Neither CONTRACTOR, nor CONTRACTOR's officers agents or employees shall be considered an employee of Pima County or be entitled to receive any employment-related fdnge benefits under the PJma County Medt System CONTRACTOR shall be responsible for payment of all federal, state and local taxes assoc ated with the compensation received pursuant to this Contract and shall indemnify and hold COUNTY harmless from any and all liability which COUNTY may incur because of CONTRACTOR's failure to pay such taxes. CONTRACTOR shall be solely responsible for program development and operation. ARTICLE VIII - SUBCONTRACTOR CONTRACTOR will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by any subcontractor and of persons for whose acts any of them may be liable to the same extent that the CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in this contract shall create any obligation on the pad of COUNTY to pay or see to the payment of any money due any subcontractor, except as may be required by law. CONTRACTOR shall not enter into any subcontracts for any services to be performed under this Contract unless it received pdor wdtten approval of the subcontract by the County. Contractor shall follow applicable Federal, State, I County rules for obtaining subcontractor services: Prior written approval shall not be required for the purchase of supplies where are necessary and incidental to Contractor's performance under this Contract. Revised Augu$: 00 /profem'l.wpd ARTICLE IX - ASSIGNMENT CONTRACTOR shall not assign its rights to this Contract, in whole or in part, without pdor wdtten approval of the COUNTY. Approval may be withheld at the sole discretion of COUNTY, provided that such approval shall not be unreasonably withheld ARTICLE X - NON-DISCRIMINATION CONTRACTOR shall not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out CONTRACTOR's duties pursuant to this Contract. CONTRACTOR shall comply with the provisions of Executive Orders 75-5, as amended by Executive Order 99-4, which are incorporated into this Contract by reference as if set forth in full herein. _ARTICLE XI - AMERICANS WITH DISABILITIES AC ~ CONTRACTOR shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE XII - WORKER'S COMPENSATION Each party shall comply with the notice ofA. R.S. § 23-1022(E). For purposes ofA. R.S. § 23-1022, each Party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. ARTICLE XIII - FULL AND COMPLETE PERFORMANCi The failure of either party to insist on one or more instances upon the full and complete performance with any of the terms or conditions of this Contract to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the dght 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 ar~ accord and satisfaction. ARTICLE XIV - CANCELLATION FOR CONFLICT OF INTERE$ I This Contract is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the pertinent provisions of which are incorporated into this Contract by reference. _ARTICLE XV - TERMINATION/SUSPENSiON a) Termination: COUNTY reserves the dght to terminate this Contract at any time and without cause by serving upon CONTRACTOR 30 days advance written notice of such intent to terminate, except that if the Community Development Block Grant from the Department of Housing and Urban Development under which this Contract is made, is terminated or the amount of the grant reduced, the County, shall thereupon have the right to terminate or reduce the contract dollar amount of this Contract by giving the contractor wdtten notice of such termination and specifying the date thereof at least fifteen (15) days before the effective date of such termination. In the event of termination under this paragraph, the COUNTY'S only obligation to CONTRACTOR shall be payment for services m'*dered pdor to the date of termination. b)_Non-Apprepriation of Fund~: Notwithstanding any other prevision in this Contract, this Contract may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining RePrised August O0 /profem'l.wpd COUNTY or other public entity obligations under this Contract. In the event of such termination, COUNTY shall have no further bligation to CONTRACTOR, other than to pay for services rendered prior to termination. c) Suspension for Cause: County may suspend operations and payments under this Contract immediately for violation of contractual requirements, unsafe working conditions, violation of Federal or State law, or lack of reasonable progress in accomplishing objectives and schedules contained in this Contract. d) Administrative Suspension: County may temporarily suspend operations and payments under this Contract immediately at any time if the Board of Supervisors or Administration determines that it is in the County's best interest to suspend this Contract. In the event of such suspension, Contractor shall assist County by providing information and documents to evaluate the status of the Contract and whether it should be Continued. ARTICLE XV1 - NOTICE Any notice required or permitted to be given under this Contract shall be in writing and shall be served by personal delivery or by certified mail upon the other party as follows: COUNTY: Pima County Community Services Director 32 North Stone Avenue. 16th Floor Tucson, AZ. 85701 CONTRACTOR: Town of Mamna 13251 N Lon Adams Road Marana, AZ. 85653 ARTICLE XVII - NON-EXCLUSIVE CONTRACT CONTRACTOR understands that this Contract is nonexciusive and is for the sole convenience of COUNTY. COUNTY reserves the right to obtain like services from other sources for any reason. ..ARTICLE XVIII - OTHER DOCUMENT~ CONTRACTOR and COUNTY in entering into this Contract have relied upon information provided in the CONTRACTOR'S proposal submitted in response to Pima County's annual CDBG proposal process which, together with any other submissions or representations made by Contractor, to the extent, not inconsistent with this Contract, including the Special Agency Conditions contained in Appendix B, are hereby incorporated into and made a part of this Contract. To the extent of any inconsistency among the Contract documents, the Special Agency Conditions shall govern except as other'wise required by law . ARTICLE XIX - REMEDIER Either party may pursue any remedies provided by law for the breach of this Contract. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other dght or remedy existing at law or at equity or by virtue of this Contract. ARTICLE XX - SEVERABILITY Each provision of this Contract stands alone, and any provision of this Contract found to be prohibited by law shall b~ ineffective to the extent of such prohibition without invalidating the remainder of this Contract. Revised August O0 /profem'l..wpd Each provision of this Contract stands alone, and any provision of this Contract found to be prohibited by law shall be effective to the extent of such prohibition without invalidating the remainder of this Contract. .ARTICLE XXl - ENTIRE AGREEMENT This document including all appendices and attachments constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all pdor or contemporaneous agreements and understandings, oral or wdtten, are hereby superseded and merged herein. This Contract may be modified, amended, altered or extended only by a wdtten amendment signed by the parties and recorded with the Pima County Recorder. IN WITNESS THEREOF, the parties have affixed their signatures to this Contract on the date wdtten below. PIMA COUNTY CONTRACTOR - TOWN OF MARANA Chair, Board of Supervisors Mayor Date: __ Date: ATTEST A'FTEST '-:-lea of the Board Town Clerk ate: Date: APPROVED AS TO CONTENT Department Head Pursuant to A.R.S. §11~952(D), the undersigned has determined that the foregoing Intergovernmental Agreement between Pima County and the Town of Marana is in the proper form and within the powers and authority granted under the laws of the State of Adzona. PIMA COUNTY TOWN OF MARANA Deputy Cou~.ty Attorney Date: lc)! t~,lr31' Town Attorney · Date:_ Appendix A PROJECTS SUMMARY See attached for each pro. iect: Administration Honea Heights Bike Path Housing Rehabilitation Emergency Home Repair Affordable Housing Land Acquisition Yoem Pueblo Street Improvements Appendix B SPECIAL AGENCY CONDITIONS 1. Modification Modifications may be made to this Agreement in accordance with the following provisions: A. All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and County policies and directives. Approval of modifications is at the sole discretion of County. B. Major modifications shall be by written amendment signed by both par[les. 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 PJma 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. Procurement of Goods and Services: Contractor is not the agent of County for any purpose and shall not purchase any mat,e,.dals equipment, or supplies on the credit of the County Contractor shall comply with OMB Circular No. A-122, Cost Principals for Non-Profit Organizations" (if Contractor is a non-profit corporation), OMB Circular No. A-110, and other regulations listed in Attachment B-1. ' 3. Monitoring and Evaluation: County shall monitor all activities and information sources in the management, fiscal, and service systems of Contractor and any subcontracted parties, relating to performance of duties and obligations under this Contract, to assure that Contractor is maintaining adequate and acceptable progress and systems, and to ensure that the funds provided to Contractor by County are being used effectively and efficiently to accomplish the purposes for which funds were made available. County in cooperation with Contractor shall evaluate products, services, and peri:ormance under the terms of this contract. Contr'actor shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to the performance and impact of the projects, as described in the Projects Summary Appendix A. 4. Ctient Fees and Program Income: Any program income generated and received by Contractor as a result of contract services shall be kept by '- ~tractor, used for the purpose of this contract, and reported to County. Contractor shall comply with Section 570.504 "Program Income", and Section 570.503 "Agreements with Subrecipients" of the Community Development Block Grant Program Entitlement Grant Regulations. 5. identification Of Funding and Copyrights: A. All advertisements, real property, publications, pdnted and other materials which are produced by the Contractor and refer to services funded under this Agreement shall dearly attribute "PIMA COUN'I'¥" and the Community Development Block Grant Program in the following suggested format: Funded by:. Pima County and the Community Development Block Grant Program Reference to Pima County shall be displayed at least as prominently as other credited funding sources. B. C°ntract°r shall n°t copyright any materials or products developed through centract services or withoutpdorwriffenap reva bvthe +,, ~, ............... . _ Contract expend tures P . Coun,~,. ,.,p,.,. op~,,uv,~. L.u Teoeral government and Pima county shall have a non- exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any Copyrighted material. 6. Nepotism Agency shall not employ relatives in positions where one is Jn supervisory chain of the other, nor where one is in daily working contact with the other. A. Relat've" means the spouse, child, child's child, parent, grandparent, brother or sister of whole or half blood or child of a spouse. County may grant temporary waiver of this policy where relative employment situation already exists at the time of execution of this contract. 7. Audit Requirements: A. Federal Requirements (applicable if Federal funds are involved): If Contractor is a state, local government or non.profit organization which expends $300,000 or more of federal funds during the year, then, Contractor shall comply with OMB Circular A-133 (31 U.S.C. § 503, 1111, 7501 et seq. And Executive Orders 8248 and 11541) and includes the compliance supplement OMB Circular A-133, "Audits of State and Loca Governments and Non-Profit Organizations." If total expenditures of Federal awards are greater than $100,000 but less than $300,000 then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required annually. If total Federal expenditures are $100,000 or less, but at least $50,000, then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required bi- annually. Contractors With total expenditures of Federal awards less than $50,000 do not have an annual audit requirement. B. State of Arizona Audit Requirements: If Contractor is a (non-profit) corporation, as defined in A.R.S. § 10-3140, or local government organization, Contractor shall comply with ARS § 11-624 "Audit of Non-Profit Corporations Receiving County Monies." which ~ys in part: a. Each nonprofit corporation or local government organization that receives in excess of $100,000 County assistance in any fiscal year shall file for each such financial statements prepared in accordance with federal single audit regulations or financial statements prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant. b. Each nonprofit corporation or local government organization receiving $50,000 to $100,000 in County assistance in any fiscal year shall file bi-annually at the corporation's expense with the Board of Supervisors either an audited annual financial statement for the most recently completed even-numbered year prepared in accordance with federal single audit regulations or a financial statement for the most recently completed even-numbered year prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. c. Each nonprofit corporation or local government receiving less than $50,000 in County assistance in any .fiscal year shall comply with contract requirements concerning financial and compliance audits contained ~n contract agreements governing such programs. C. Additional County Requirements: a. Contractor shall establish and maintain a separate, identifiable accounting of all funds provided by County pursuant to this agreement. b. County may require any contractor to provide a program-specific or financial audit at any time by providing wdtten 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. c. Audits provided under sections A and B of this section shall be performed by a qualified, independent accounting firm and shall be submitted to the county within six months of the close of the contract pedod being audited. It shall include any response Contractor wishes to make conceming any audit findings. Audits shall be submitted to: Pima County. Cornmun ty Services Director 32 North Stone Avenue, 16'h Floor Tucson AZ 85701 d. Contractor shall pay all costs for audit and county shall not be responsible for audit costs. Grant funds may be used to pay for audit provided the cost is allowable under the appropriate federal or state grant law and the cost is specifically included in the grant budget approved by the county. END OF SPECIAL AGENCY CONDITIONS ATTACHMENT B-1 Contractor hereby certifies it will comply with: 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 CFI 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 Disaster Protection Act of 1973. 9) National Environment Policy Act of 1969. Section 105 of the National Historic Preservation Act of 1965, Executive Order 11593. 10) Federal Labor Standards Provisions. , ,) OMB Circular A-133, "Audits of States and Local Governments and Non-Profit Organizations". 12) OMB Circular A-122, ost Pnnc~pals for Non-Pref'rt Organizations" (if agency is non-profit organization). 13) OMB 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 Program Entitlement Regulations. 16) 570.503(b)(6) Prohibition Against Religious Activities. 17) 570.503(b)(8) Reversion of Assets APPENDIX C Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program See attached: Resolution No. 2001-132 Resolution NO. 2001-5298-60 IGA NO. 01-39-M-129182-0701 L;T~ RECORDER ~; O~ I~ OF PAGES: 8 ~ 2~03 ROOD S~OENCE: 20011391343 P0230 07/19/2001 PI/~A CO CLERK OF THE BOARD RES PICKUP 17: 30 PICKUp At4OUNT PAID $ 0.00 RESOLUTION NO. 2001 - 132 Resolution of the Board of Supervisors of Pima County, Arizona authorizing execution of an Intergovernmental Cooperative Agreement between Pinna County and the Town of Marana to engage in housing and community development activities through the Community Development Block Grant(CDBG) and Home Investment Partnership (HOME) Programs. WHEREAS, County and Town may contract for services and enter into agreements with one anothe, forjoint or cooperative action pursuant to A.R.S, § 11-951, et seq.; and WHEREAS, it is necessary to enter into an Intergovernmental Cooperative Agreement in order to meet-the requirements of the Housing and community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town desire to engage in housing and commu, nity development activities as authorized under the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town do hereby find and determine that it is in ~e best interest of the residents of the unincorporated areas of the. County and of the Town of Marana that ho~sing and community development activities be performed jointly in accordance with the ~rovisions of this Agreement and that the U.S. Department of Housing and Urban Development (HUD) recommends that expenditures of funds for each purpose be on an Urban County basis; and WHEREAS, it is mutually beneficial to each of the parties hereto for the County to administer and execute the provisions of the Agreement in accordance with the terms and Conditions hereinafter provided and subject to local ordinance and State and Federal law; now, therefore. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF'PIMA, COUNTYi ARIZONA, as follows: 1. The attached Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for CDBG and HOME Program purposes is hereby approved; and 2. The Chair of the Board of Supervisors is hereby instructed and authorized to. sign the Intergovernmental Cooperative Agreement for the Pima County Board of Supervisors. i: PASSED AND ADOPTED ON : NTY,p~ ~,ody Politic & Corp PIMA COU . -. ~, .. .... .._... EST" "..-' ....;-. ¢h u rk, Boa erv~so~s ' '. APPROVED AS TO FORM: %.. ............ Deputy C~unty Attorney