HomeMy WebLinkAbout01/03/2006 Blue Sheet 2005 CDBG
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: January 3, 2006
AGENDA ITEM: I. 3
TO: MAYOR AND COUNCIL
FROM: Dan Groseclose, Housing General Contractor
AGENDA TITLE: Resolution No. 2006-03: Relating to Community Development
Block Grants; approving and authorizing the Mayor to execute an
intergovernmental agreement with Pima County for the
management and implementation of the 2005 Community
Development Block Grant Program.
DISCUSSION
As in previous years, this intergovernmental agreement (lGA) allows the Town to receive funds
from Pima County under Title I of the Housing and Community Development Act of 1974 for
the administration of the 2005 CDBG Program. The IGA is the same as in previous years, with
the exception of the dollar amounts. Under the 2005 agreement, the Town's allotment is as
follows:
Administration
$30,000
$50,000
$40,000
$25,000
$145,000
Housing Rehabilitation
Affordable Housing Land Acquisition
Smoke Alarms Program
TOTAL
ATTACHMENTS
Intergovernmental agreement with Appendices A, Band C.
RECOMMENDATION
Staff recommends adoption of the 2005 intergovernmental agreement with Pima County for the
administration of the Community Development Block Grant funds.
SUGGESTED MOTION
I move to approve Resolution No. 2006-03.
Brief Title
2/24/20041:33 PM FJC
MARANA RESOLUTION NO. 2006-03
RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANTS; APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
WITH PIMA COUNTY FOR THE MANAGEMENT AND IMPLEMENT A nON OF THE
2005 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 2005 Community Development Block Grant
(CDBG) funds; and
WHEREAS, in the event that HUD approves Pima County's 2005 CDBG Consolidated
Plan Annual Update, it is the desire of the Town of Marana and Pima County that the Town's
allocation of the grant be implemented.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the intergovernmental agreement with Pima County be approved, provided
that, as a condition precedent to the agreement becoming effective, HUD must approve Pima
County's 2005 CDBG Consolidated Plan Annual Update; and
BE IT FURTHER RESOLVED that upon HUD'S approval of Pima County's 2005
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 3rd day of January, 2006.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn Bronson, Town Clerk
Frank Cassidy, Town Attorney
INTERGOVERNMENTAL AGREEMENT
between
Pima County and Town of Marana
for
Management and Implementation of the Community Development Block Grant Program
THIS Intergovernmental Agreement (IGA) is entered into by and betweeh Pima County, a body politic and corporate of the State of Arizona
(" COUNTY") and Town of Marana, a body politic and corporate of the State of Arizona ("TOWN"), pursuantto AR.S. ~ 11-952.
RECITALS
WHEREAS, COUNTY and TOWN may contract for services and enter into agreements with one another for joint or cooperative
action pursuant to AR. ~ 11-951, et seq.; and,
WHEREAS, COUNTY is authorized by AR.S. ~ 11-254.04 to spend public monies to improve the economic welfare of the inhabitants of the
COUNTY; and,
WHEREAS, TOWN is authorized by AR.S. ~ 9-500.11 to enter into a joint cooperative agreement with COUNTY and carry out the specific
activities, as described in the Project Summary Appendix A; and,
WHEREAS, COUNTY applied for and received funds from the United State Government under Title I of the Housing and Community
Development Act of 1974, as amended (HCD ACT), Public Law 93-383; and,
WHEREAS, COUNTY through its annual Community Development Block Grant (CDBG) proposal process for federal year 2005-2006, required all
applicants to submit a proposal for each of their projects that they would like to be considered for funding; and,
WHEREAS, TOWN submitted a proposal seeking funding for the projects set forth in this IGA; and,
WHEREAS, COUNTY submitted its 2005 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), which induded
the TOWN'S proposal; and,
WHEREAS, TOWN will be responsible for utilizing CDBG funds pursuant to its proposal as approved by the Board of Supervisors on June 21,
2005.
NOW THEREFORE, COUNTY and TOWN, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do
mutually agree as follows:
AGREEMENT
I. Purpose. The purpose of this IGA is to provide CDBG funding to TOWN to carry out the specific activities described in the Project Summary
attached herein as Appendix A
II. Scope. TOWN shall:
A Use the CDBG funds provided through this IGA in accordance with terms of: the 2005-2006 Annual Action Plan ("Plan") submitted
by COUNTY to HUD for CDBG funding; the Certifications that were submitted concurrently with the Plan; 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 D and fully incorporated herein. TOWN shall
undertake the same obligations to the COUNTY, as the COUNTY does to HUD pursuant to said Plan and assurances. TOWN will
hold COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any failure on the part of
TOWN to fulfill any obligations to HUD.
B. Perform in accordance with the Project Summary Appendix A set forth in this IGA The work under this must be performed to the
satisfaction of the COUNTY. COUNTY shall review TOWN reports for compliance with the budget set forth herein and the scope of
work and shall determine the acceptability and progress of the work and the amounts to be paid under this IGA
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1
C. Meet one ofthe CDBG Program's National Objectives: benefit low-and moderate-income persons; aid in the prevention or elimination of
slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 57.208. TOWN certifiesthat
the activities carried out under this IGA will meet and benefit low-and moderate-income persons. In addition, TOWN certifies that it will
perform the work in accordance with the terms of this IGA, consisting of this document and Appendices A (Project Summary), B
(Special Agency Conditions), C (Town's Certification), and D (Intergovernmental Cooperative Agreement between Pima County and
Town of Marana for the Community Development Block Grant Program and HOME Investment Partnership Program), Appendix E
(sample report formats) and the 2005 Annual Action Plan. The Annual Action Plan is hereby incorporated by reference into this IGA as if
fully set forth herein.
D. Employ suitable trained and skilled personnel to perform all services under this IGA.
E. Supply County with a monthly, quarterly and an annual report (see samples attached as Appendix E) that provide statistical data about
the clients served with CDBG funds.
1) The monthly reports shall include: client's address; income level; family size; race; whether the family is female-headed household;
services provided; and, whether anyone in the family is elderly or handicapped. The monthly reports shall be submitted with every
request for funds by the end of the following month.
2) The quarterly reports shall include: a narrative of the program's accomplishments; problems or concerns impacting the achievement
of the program's goals and objectives during the past quarter; and, an output and outcome report. The quarterly reports shall be
submitted with every request for funds on the last days of October, January, April and July.
3) The annual report shall include a community impact narrative for the year and a financial report. TOWN shall submit the annual
report within thirty (30)) days after the end of COUNTY'S fiscal year (June 30).
F. Be the legal entity responsible for operating and maintaining the projects to be developed as described in Project Summary Appendix A.
III. Financing. This is a cost reimbursement IGA. In consideration of the services specified in this IGA, the COUNTY agrees to reimburse TOWN
in an amount not to exceed $145,000.00:
A. Budget:
Administration
Housing Rehabilitation
Affordable Housing Land Acquisition
Smoke Alarms
$ 30,000.00
$ 50,000.00
$ 40,000.00
$ 25,000.00
B. The total amount of this IGA is $145.000.00.
C. Payments:
Payments by COUNTY will not exceed the amount allocated for this project by HUD under the Community Development Block Grant Program
administered by Pima County. No funds other than the CDBG funds earmarked for TOWN'S projects as set forth in this IGA will be expended or
advanced by the COUNTY. Only eligible expenses in the budget categories itemized above shall be reimbursed for TOWN'S performance
pursuant to this IGA.
Requests by TOWN for payment shall include all claims and invoices of every kind and nature against COUNTY, arising under this IGA or any
provision thereof. TOWN shall submit monthly requests for payment no more than 30 calendar days following the end of each month. TOWN
shall submit an estimate for expenses occurring June, 2006 prior to July 7,2006.
For regulatory purposes, TOWN shall submit a monthly payroll journal that documents the TOWN'S expenses for salaries and
benefits associated with this IGA and distinguish different funding sources. TOWN shall also submit time sheets for personnel
associated with this IGA to COUNTY on a quarterly basis. The time sheets should show the days and hours worked for all programs
and should be signed by the employee and their supervisor. COUNTY shall determine and notify TOWN when to submit the quarterly
time sheets.
If TOWN requests payment for invoiced bills, not reimbursements, TOWN must submit evidence of payment of these invoiced bills within (30) thirty
calendar days. Future payments to TOWN may be withheld until this evidence of payment is received and approved by COUNTY.
TOWN shall not be entitled to, and shall forfeit, payment of expenses not submitted to COUNTY as follows:
1) Within 90 days after the end of the month in which the expenses were incurred, for expenses incurred in the months of November,
2005 through April, 2006 and July, 2006; and,
2) By July 30, 2006, for expense incurred in the months of May, 2006 and June, 2006; and
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3) Within 60 days after the end of the month in which expenses were incurred for expenses incurred in August, 2006 through October,
2006.
Payment received by TOWN shall be reconciled with actual costs incurred by TOWN either before the final payment is made under this IGA or
through a subsequent audit after final payment. If payment received exceeds actual costs COUNTY shall, at its sole discretion, determine whether
it will require TOWN to:
1) Refund to COUNTY the excess amount received. TOWN shall refund the excess amount received to COUNTY within thirty (30)
days of receipt of the request from COUNTY; or,
2) Provide, for no additional reimbursement, additional units of IGA services during the folloWing IGA term, if any. Such additional units
of service must be provided in a number equal to the excess amount received by TOWN divided by the unit fee in effect at the time
the excess funds were provided to TOWN.
To the extent permitted by HUD regulations, TOWN may be paid for planning and administration activities occurring after July 1,2005.
All planning and administration costs not used by the end of the next fiscal year, June 30, 2006, shall be forfeited.
For the period or record retention required under Article XVIII, COUNTY reserves the right to question any payment made under this Article and to
reqUire reimbursements therefore by setoff or otherwise for payments determined to be improper or contrary to the IGA or law.
IV. Term.
This IGA shall be effective on the date it is recorded with the Pima County Recorder following execution by both parties. Except as otherwise
provided in this IGA, this IGA shall terminate on the 31 st day of December. 2006 unless sooner terminated or further extended pursuant to the
provisions of this IGA. This IGA upon mutual consent of the parties may be extended for a period of time not to exceed two (2) additional one-year
periods. Any modification or time extension of this IGA shall comply with the modifications provisions contained in Appendix B.
V. Termination.
A. Termination: COUNTY reserves the right to terminate this IGA at any time and without cause by serving upon TOWN 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 IGA is made, is terminated or the amount of the grant reduced, the County, shall thereupon have
the right to terminate or reduce the IGA dollar amount of this IGA by giving the TOWN written notice of such termination and specifying
the date thereof at least fifteen (15) days before the effective date of such termination. In the event oftermination under this paragraph,
the COUNTY'S only obligation to TOWN shall be payment for services rendered prior to the date of termination.
B. Non-Appropriation of Funds: Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason, there are not
sufficient appropriated and available monies for the purpose of maintaining COUNTY or other public entity obligations underthis IGA. In
the event of such termination, COUNTY shall have no further obligation to TOWN, other than to pay for services rendered prior to
termination.
C. Suspension for Cause: COUNTY may suspend operations and payments under this IGA immediately for violation of IGA contractual
requirements, unsafe working conditions, violation of Federal or State law, or lack of reasonable progress in accomplishing objectives
and schedules contained in this IGA.
D. Administrative Suspension: COUNTY may temporarily suspend operations and payments under this IGA immediately at any time if the
Pima County Board of Supervisors or Administrator determines that it is in the COUNTY'S best interest to suspend this IGA. In the event
of such suspension, TOWN shall assist COUNTY by providing information and documents to evaluate the status of the IGA and whether
it should be continued.
VI. Insurance.
TOWN shall obtain and maintain at its own expense, during the entire term of this IGA the following type(s) and amounts of insurance:
A. Commercial General Liability in the amount of $1,000,000.00 combined, single limit Bodily Injury and Property Damage. Pima
County is to be named as an additional insured for all operations performed within the scope of the IGA between Pima County and
TOWN;
B. Commercial or Business automobile liabtlity coverage for owned, non-owned and hired vehicles used in the performance
of this IGA 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 IGA 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.
Revised August 05
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TOWN shall provide COUNTY with current certificates of insurance. All certificates of insurance must provide for guaranteed thirty (30) days
written notice to the COUNTY of cancellation, non-renewal or material change.
, .
VII. Indemnification.
TOWN shall indemnify, defend, and hold harmless COUNTY, its officers, departments, employees and agents from and against any and all suits,
actions, legal administrative proceedings, claims or demands, or damages of any kind or nature which result from any act or omission ofTOWN,
its agents, employees or anyone acting under its direction, control or on its behalf unless due solely to county negligence.
VIII. Compliance with Laws.
The parties shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those
designated within this IGA The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this IGA, and
any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County.
IX. Non-Discrimination.
The parties 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 their duties pursuant to this IGA The parties shall comply with
the provisions of Executive Orders 75-5, as amended by Executive Order 99-4, which is incorporated into this IGA by reference as if set forth in full
herein.
X. ADA
TOWN shall comply with all applicable provisions of the American 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 36 and 36.
If TOWN is carrying out a government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to the
same extent and degree that would be required of COUNTY under 28 CFR Sections 35.130,35.133, 35.149 through 35.151,35.160,35.161,
and 35.163. Failure to do so could result in the termination of this IGA
XI. Severability.
If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect
other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of
this IGA are declared to be severable.
XII. Conflict of Interest
This IGA is subject to cancellation for conflict of interest pursuant to A.R.S. 9 38-511, the pertinent provisions of which are incorporated herein by
reference.
XIII. Legal Authority.
Neither party warrants to the other its legal authOrity to enter into this IGA If a court, at the request of a third person, should declare that either
party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall null and void, and no recovery
may be had by either party against the other for lack of performance or otherwise.
XIV. Worker's Compensation.
Each party shall comply with the notice of AR.S. 923-1022(E). For purposes of AR.S. 923-1022, each party shall be considered the primary
employer of all personnel currently or hereafter employed by that party, irrespective ofthe 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.
XV. No Joint Venture.
It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment
relationship between the parties or create any employer-employee relationship between COUNTY and any TOWN employees, or between TOWN
and any COUNTY employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including
(without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees.
XVI. No Third Party Beneficiaries.
Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal
liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of
care imposed by law.
Revised August 05
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XVII. Notice.
Any notice required or permitted to be given under this IGA shall be in writing and shall be served by personal delivery or by certified mail upon the
other party as follows:
COUNTY:
TOWN OF MARANA:
C.H. Huckelberry
County Administrator
130 West Congress Street, 10th Floor
Tucson, AZ 85701
Ed Honea
Town Mayor
13251 North Lon Adams Road
Marana, AZ 85653
Lori Godoshian
Clerk of the Board
130 West Congress Street, 5th Floor
Tucson, AZ 85701
Margaret Kish, Director
Pima County Community Development and Neighborhood Conservation Director
2797 East Ajo Way, 3'd Floor
Tucson, AZ. 85713
XVIII. Record Retention.
A) TOWN shall keep and maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the
activities to be funded un this IGA, which shall be open at all reasonable times for inspection and audit by duly authorized representative
of COUNTY. Such records shall include, but are not limited to:
1. Records providing a full description of each activity taken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG
assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Records documenting Environmental Review compliance;
7. Records documenting scope of work, change orders, on-site inspection and sign-off on rehabilitation work, including final
inspection;
8. Records of owner occupancy (property deed or land contract);
9. Records of disbursements made for completed and approved work;
10. Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and
11. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
B) TOWN shall retain all financial records, supporting documents, statistical records, and all other records relating to this IGA for a period of
four (4) years. The retention period starts from the date of submission ofthe COUNTY'S annual performance and evaluation report, as
prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the
final expenditure report for the award or, if later, until any related-pending proceeding or litigation has been closed. TOWN must comply
with Section 570.506 "Records to be Maintained" ofthe Community Development Block Grant Program - Entitlement Grant Regulations.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Revised August 05
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XIX. Entire Agreement.
This document, including all incorporations, appendices and attachments and the documents identified in Article XVIII, constitutes the entire IGA
between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are
hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment
signed by the parties and recorded with the Pima County Recorder.
In Witness Whereof, COUNTY has caused this Intergovernmental Agreement to be executed by the Chair of its Board of Supervisors, upon
resolution of the Board and attested to by the Clerk of the Board, and TOWN has caused this Intergovernmental Agreement to be executed by the
Mayor upon resolution of the Mayor and Council and attested to by:
PIMA COUNTY
TOWN OF MARANA
Chair, Board of Supervisors
Date:
Mayor
Date:
ATTEST
ATTEST
Clerk of the Board
Date:
Town Clerk
Date:
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. ~11-952
by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State
of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned.
PIMA COUNTY
~e~J2A<
"0 County Attorney
Date: \2.-la-05
Revised August OJ
6
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Appendix A
PROJECTS SUMMARY
See attached for each project:
Administration
Housing Rehabilitation
Affordable Housing Land Acquisition
Smoke Alarms
Revised August 05
7
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Appendix B
SPECIAL AGENCY CONDITIONS
1. Modification
Modifications may be made to this Agreement in accordance with the fOllowing provisions:
A. All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and County policies and directives.
Approval of modifications is at the sole discretion of County.
B. Major modifications shall be by written amendment signed by both parties. Major modifications include any which do the following:
a. Change the purpose of the Agreement;
b. Increase or decrease the compensation provided for in the Agreement;
c. Change the term of the Agreement;
d. Change the scope or assurances of the Agreement;
e. Change any section of the Agreement other than the Scope of Work or budget;
f. Any change that is not a minor modification as described below.
C. Minor modifications may be made by written memorandum approved and signed by the Director ofthe Pima County Community Development
and Neighborhood Conservation Department. Minor modifications are changes in the Scope of Work or budgetthat do not change the purpose
or total compensation of this Agreement and do not in any way increase the direct or indirect liability of the County under this Agreement.
2. Procurement of Goods and Services:
Town is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on the credit of the County. Town
shall comply with OMB Circular No. A-122, -"Cost Principals for Non-Profit Organizations" (if Town is a non-profit corporation) and OMS Circular
No. A-110.
3. Monitoring and Evaluation:
County shall monitor all activities and information sources in the management, fiscal, and service systems of TOWN and any subcontracted
parties, relating to performance of duties and obligations under this IGA, to assure that Town is maintaining adequate and acceptable progress
and systems, and to ensure that the funds provided to Town by County are being used effectively and efficiently to accomplish the purposes for
which funds were made available.
TOWN shall provide payroll information consisting of source documentation that can include employment letters, authorizations for rates of pay,
benefits, and employee withholding, minutes from Board of Directors' meetings where salary schedules and benefit packages are established,
copies of written policies, W-4 forms in conjunction with time and attendance records. If an employee works soley on the CDBG funded services a
statement to that effect should be signed by the applicable employee and supervisor. Such statement should be certified semi-annually. If an
employee's time is split between CDBG and another funding source, Town must have time distribution records supporting the allocation of
charges among the sources.
County in cooperation with Town shall evaluate products, services, and performance under the terms of this IGA. Substandard performance as
determined by the County will constitute noncompliance with this IGA. If action to correct such substandard performance is not taken by the
TOWN within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.
Town shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to
the performance and impact of the projects, as described in the Projects Summary Appendix A.
4. Client Fees and Program Income:
Any program income generated and received by Town as a result of IGA services shall be kept by Town, used fo~ the purpose of this IGA, and
reported to County.
Town 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.
Revised August 05
8
5. Identification Of Funding and Copyrights:
A. All advertisements, real property, publications, printed and other materials which are produced by the Town and referto services funded underthis
Agreement shall clearly attribute "PIMA COUNTY" and the Community Development Block Grant Program in the following suggested format:
Funded by:
Pima County
and the
Community Development Block Grant Program
Reference to Pima County shall be displayed at least as prominently as other credited funding sources.
B. Town shall not copyright any materials or products developed through IGA services or IGA expenditures without prior written approval by the
County. Upon approval, the federal govemment and Pima County shalt have a non-exclusive and irrevocable license to reproduce, publish or
otherwise use or authorize the use of any copyrighted material.
6. Nepotism
Agency shall not employ relatives in positions where one is in supervisory chain of the other, nor where one is in daily working contact with
the other.
A. "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of whole or half blood or child of a spouse.
B. County may grant temporary waiver of this policy where relative employment situation already exists at the time of execution of this
IGA.
7. Audit Requirements:
A. Federal Requirements (applicable if Federal funds are involved):
If Town is a state, local government or non-profit organization which expends $500,000 or more of federal funds during the year, then, Town
shall comply with OMS 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 $500,000 then a program-specific audit in accordance with
generally accepted auditing standards, which includes compliance testing, is required annually. Iftotal 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. Towns with total expenditures of Federal awards less than $50,000 do not have an annual audit
requirement.
B. State of Arizona Audit Requirements: NOT APPLICABLE
C. Additional County Requirements:
1. Town shall establish and maintain a separate, identifiable accounting of all funds provided by County pursuant to this agreement.
2. County may require any Town to provide a program-specific or financial audit at any time by providing written notice to the Town.
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.
3. 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 IGA periOd being audited. Any Audit shall include any response Town
wishes to make concerning any audit findings. Audits shall be submitted to:
Pima County Community Development and Neighborhood Conservation Director
2797 East Ajo Way, 3rd Floor
Tucson AZ 85713
4. Town 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
Revised August 05
9
Appendix C
TOWN'S CERTIFICATION
TOWN hereby certifies it will comply with:
1) HUD Community Development Block Grant Regulations at 24 CFR Part 570.
2) Tille 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 govemment).
4) Title VI of the CMt 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 Principals for Non-Profit 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 Entitlernent Regulations.
15) 570.200(J) Rrst Amendment ChurchlState 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
Revised August 05
10