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HomeMy WebLinkAboutResolution 97-092 IGA with pima county for management of CDBGMARANA RESOLUTION NO. 97-92 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 1997 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. Depamnent of Housing and Urban Development (HUD) for the 1997 Community Development Block Grant (CDBG) funds; and WHEREAS, in the event that HUD approves Pima County's 1997 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 WI-IiEREAS, the Intergovernmental Agreement with Pima County would greatly benefit the citizens of the Town of Mararia 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 Mararia and Pima County for the management and implementation of the 1997 CommurJty Development Block Grant (CDBG) Program. PASSED AND ADOPTED by the Mayor and Council of the Town of Mararia, Arizona, this 2rid day of September, 1997. RESOLUTION NO. 199% RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUN/TY 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. Deparm~ent of Housing and Urban Development (HUD) for 1997 Commun/ty Developmere Block Grant (CDBG) timds. SECTION 2 In the event that HUD approves Pima County's 1997 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 implememed by the Town of Marana. PASSED AND ADOFrED ON PIMA COUNTY, A Body Politic & Corp. ATTEST: Chairman, Board of Superdsors APPROVED AS TO FORM: Clerk, Board of Supervisors INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF THE COP~TJNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREE/~ENT 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: WHEP~E~AS, there has been enacted into law P~blic 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 conununity 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 Cormmunity 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 WHERE3L~, the Agency is a legal entity within the territorial boundaries of the County; and WHEP~EA~, Agency and County have agreed to U.S. Department of Housing and Urban referred to as "HUD"; and submit a proposal to the Development, hereinafter WHERe, 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 Tow~n of Marana; and WHEREJLS, 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 S~mmary (Appendix "A"); and WHERE3LS, the Agency shall undertake the same obligations to the County, as the County does to HUD, with respect to the Agency's allocation of the Community Development Block Grant; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. TERM~/~DALLOCATION The effective date of this Agreement shall be the day of 1997. This Agreement shall expire on Decenther 31, 1998. 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 twenty-two thousand ($122,000.00) dollars. II. WORK TO BE PERFOBMED 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 funds 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. III. PAYMENTS Payments by County will not exceed the $122,000.00 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. The report will include location of client, income level, family size, race, if f~mily is female headed household, services provided, and if family is elderly or handicapped. Reconciliation of payment received with actual costs incurred shall be accomplished prior to final payment, or through subsequent audit. If payment received exceeds actual costs, the Agency shall, at the County's discretion, 1) refund to the County the excess amount received; or 2) provide, during the following contract term and without reirabursement, 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 applied. The additional units to be delivered shall be for commensurate contract services. If contract services are not continued in the next contract term, option (1) shall be effected. IV. ACCOUNTING Agency shall keep and maintain proper and complete books, records, and accounts which shall be open for inspection and audit by duly authorized representative of the County and U.S. Department of Housing and Urban Development at all reasonable times. Within six (6) months of the close of the contract year, Agency shall provide the County with an outside audit of its overall financial books, records and reports by an independent CPA firm. Audit shall approximate the period of County contract, shall cover all costs and receipts from CDBG funds, and shall include Agency response to any audit findings. Cost of such audit shall be borne by Agency. Agency shall comply with OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, and Federally recognized Indian Tribal Governments" (if Agency is a local government), 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (if Agency is a local government), OMB Circular A-128, "Audits of State and Local Governments" (if Agency is a local government), and OMB Circular No. A-122, "Cost Principals for Non-Profit Organizations" (if Agency is a non-profit corporation). V. INSURANCE REQUIREMENTS Agency shall provide evidence of current insurance as listed below. Pima County shall be named by the insurer as an additional insured on all required insurance for all operations performed within the scope of this Agreement. Required insurance is: Commercial General Liability in amount of $1,000,000 combined, single limit Bodily Injury and Property Damage or $1,000,000 Bodily Injury, $1,000,000 Property Damage. Coverages shall specifically include: Premises/Operations, Independent Contractors, Products/Completed Operations. Contractual Liability, and Automobile Liability covering owned and non- owned vehicles. Where vehicles are used to transport the general public or clients, automobile coverage must be for at least $1,000,000 and must meet the requirements of ARS 28- 1233. If the contract involves professional services, Professional Liability insurance in amount of $1,000,000 must be provided. If the Contractor wishes to receive advances of funds, Fidelity 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 thirty (30) day 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 inde~mify, defend and hold harmless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which are attributed to any act or omission of Agency, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Agreement. VII o SUBCONTRACTS Agency may propose contracts with one or more subcontractors to carry out its obligations under this Contract, insofar as it deems proper or efficient; provided, however, that all such subcontracts shall be in writing, and shall be submitted to County before execution for review and comment. Agency shall bind every subcontractor by the terms and conditions of the subcontract as applicable to the work, and shall pay the subcontractor in the amount allowed to Agency on account of the subcontractor's work, to the extent to Agency's interest therein. Nothing in this Contract shall create any obligations on the part of County to pay or to see to the payment of, any sums to the subcontractor. Agency shall be as fully responsible to County for the acts and omissions of subcontractors, and of persons either directly or 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, open selection process which shall be procedures and requirements of County. shall be done through an in conformance with the VIII. PROCUREMENT OF GOODS AND SERVICES Agency agrees and services Appendix "A". it will be solely responsible for obtaining all goods necessary for operating the projects described in 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 Principals for Non-Profit Organizations" (if Agency is a non-profit corporation), OMB Circular No. A-110, and other regulations listed in Appendix "B". IX. COMPLIANCE WITH ALL LAWS Agency shall comply with all applicable federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State shall govern the 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 full extent permitted by law. Any changes in the governing laws, rules, and regulations during the term of this Agreement shall apply but do not require an amendment. Agency shall 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 Requirements for Grants and Cooperative Agreements to State and Local Governments" (if Agency is a local government}. X. RETENTION OF RECORDS Records shall be maintained in accordance with sound management practice with respect to all matters covered by this Contract. Except as otherwise authorized or required by County, such records shall be maintained for a period of four (4) years after receipt of the final payment under this 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. XI. MONITORING AND EVALUATION County will monitor all activities and information sources in the management, fiscal, and service systems of Agency and any subcontracted parties, relating to performance of duties and obligations under this Contract, to assure that Agency is maintaining adequate and acceptable 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 performance under the terms of this Contract. Agency shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to the performance and impact of the projects described in Appendix "A". Site visits for monitoring, audit, and/or evaluation may be made at any time during normal hours of operation and as often as County may deem necessary. County will give reasonable notice when scheduling times for these meetings. Agency shall make available to County for examination all of its records with respect to all matters covered by this Contract and shall permit County to audit, examine, and make excerpts and transcripts from such records, except where legal constraints or professional rules of conduct prohibit disclosure and such other information designated as privileged by such laws or regulations. Where such confidentiality is legally or professionally mandated, County may require Agency to implement a system designed to comply with applicable confidentiality requirements which will make as much information available to County as the laws or regulations will allow. Agency must comply with 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" Section 85.40 "Monitoring and reporting program performance" (if Agency is a local goverrunent). XII. 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. XIII. NON-ASSIGNMENT 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 Aqreement. XIV. NON-WAIVER The failure of either party to insist on any one or more instances upon the full and complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist 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. XV. NON-DISCRIMINATION The parties to this Agreement shall not discriminate against any individual in any way on account of such individual's race, color, religion, sex, age, handicap or national origin. Executive Order Number 75.5 of the State of Arizona is hereby incorporated into this Agreement by reference, as if set forth in full herein. XVI. TERMINATION Either party to this Agreement may terminate the Agreement and such additional supplemental Agreements hereinafter executed in whole or in part, with or without cause, by giving thirty (30) days written notice which shall commence on the Rate of mailing by certified mail, or personal delivery. However, if the Community Development Block Grant from the Department of Housing and Urban Development under which this Agreement is made, is terminated or the amount of the grant reduced, the Director of the Pima County Community Services Department, shall thereupon have the right to terminate or reduce the contract dollar amount of this Agreement by giving the agency written notice of such termination and specifying the date thereof at least fifteen (15) days before the effective date of such termination. In either event all finished or unfinished documents and other materials shall, at the option of the County, become its property. In no event shall County be obligated for any payments to Agency in excess of grant funds available. Agency shall comply with 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" Section 85.43 "Enforcement" and Section 85.44 "Termination for Convenience" (if Agency is a local government). XVII. IDENTIFICATION OF FUNDING AND COPYRIGHTS A. All advertisements, real property, publications, printed and other materials which are produced by the Agency and refer to services funded under this Agreement shall clearly attribute "PIMA COUNTY" and the Community Development Block Grant Program in the following suggested format: Funded by: PIMA COUNTY and the Community Development Block Grant Program Reference to Pima County shall be displayed at least as prominently as other credited funding sources. 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 governalent and Pima County shall have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. XVIII. A.R.S. 38-511 - CONFLICT OF INTEREST The state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty 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. XIX. NON-WARRANTY County does not warrant its power or right to enter into this Agreement or to participate in the provision of services set forth in this Agreement, and if any court determines that County does not have such authority, County shall not be liable to Contractor by reason of such court determination or by reason of this Agreement. XX. ~MERICANS WITH DISABILITIES ACT Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. THIS SPACE INTENTIONALLY LEFT BIJtN-K XXI. ENTIRE AGREEMENT This document contains and constitutes the entire Agreement between the parties pertaining to the subject matter hereof. No agreements, representations, or understandings not specifically contained herein shall be binding upon any of the Parties hereto unless reduced to writing and signed by the authorized signatories of the Parties to be bound thereby. The section headings used herein arq 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 , 1997. PIMA COUNTY Chairman, Board of Supervisors TOWN OF MARANA ayor 7 ATTEST: Clerk of the Board A3PROVED A~ TO FORM: Deputy C_~nty Attorney REVIEWED BY: Director, Community Services Department 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. APPENDIX "A" PROJECT S U~W3~Ry o o o ZTZ o o o ILl Z Z Z u..~ rn APPENDIX "B" Agency 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 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (if Agency is local government). 4) 5) Title VI of the Civil Rights Act of 1964. Section 109 of the Housing and Community Development Act of 1974. 6) Executive Order 11246 - Equal Employment Opportunity. 7) Se~tion 3 of the Housing and Urban Development Act of 1968. 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-128, "Audits of States and Local Governments" (if agency is local government. 12) OMB Circular A-122, "Cost Principals for Non-Profit Organizations" (if agency is non-profit organization). 13) 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" A RESOLU9'~ON OF THE BOAR~ OF SUP_~L'~¥T_$ORS OF ~OA~ OF SUP~Yi~OR~ TO WS~H ~gE TOWN OF ~ FOR PAR~H!P PRO~ PU~OS~. WHERC~S, the County and the Town o? Mararia desire. to ~-q~age in hous~n~ and co.unity de,,elo~men~ ~v~ ~ ~thor~z~ ~ndar ~he ~o~s~ng and Co'unity Oeveioomen~ Ac% of !~7~ and subsequ~ ~en~en~s; ~d WNER~, ~ % is nec~ssar7 so ~nser ~ nso ~ ~n ~argove.~ensa~ Cooqer~st ve Agreement in order to meet %he ~euir~s of %he Housing and Co~uni~y Oevelopmens Act of !97Z and suosaquens ~en~enSs~ and WHER?A~, she County ~nd the Town of Marina ~. public aoencies under the ::rovision of Sections !i-E5! et seq. of the AriZona Revised ~tasuses. and ~ach is authorized by l~w so ~sar in~ joint powe~ ~g~ent~; ~d ~H~AS, the County ~d Town of Merino are ~nd~v~ual ~y authorized by law ?~o engage in housing ~nd cramunity development ~ct. ivities~ and ~?HE2K_,'~S, the County ~nd ~e Town o~ Mar~a do hereby find ~d determine that it is ~ the bess inserat o? she ~Jidents o6 t,ge uninca~or~s~ ~ of the County ~nd the Town of M~n~ th~t ho~ing and co--nit7 developmen~ a~iviti~ be pedaled jointly in ~cs:~c~ ~th the p~visions of this Ag~ent ~d that tee U.S. Deponent of :~ing anu U~ Development ~c~nds th~s ~!enditu~s of funds for e~d~ pu~os~ be on ~n U~ Count7 ba~is~ ~d '~CE2~AS, it is ~tuzliy beneficial to e~ch of ~e ~a~i~ he~to for the County to ~dminist~r ~nd ~ecut~ the p~visions of this Agr~ent in ~ccord~c~ with the ~a~s and conditions herinafter p~vid~ ~d s~bject Stoma ~nd Federal i~wl NOW: ?HE~FORE, BE ~ RESOLVe, that the County of Pim~ does enter insJ an Sns~overnment~l Cooperative Ag~ens 'vith the Town of Mzr~z for COBG ~nd HOME Progr~ pu~ases. PASSED AND ADO~ by the Board o~ Supervisors of Pima County ~9is _ . 199~. Chai~an JUL - S '.' day of .APPROVED "~ TO FORM: Deputy County A.~orne~ HOME INYEa~'~'Mb--',IT PARTNE?.SHZP PROGR~,JI ~di$ AGRE~H~T made and entered into this 5Sh day of Z~'ly !995, by and between the County of Pima, a policical subdivision of the State of Arizona, hereinafter referred to as the 'County," and the Town of Moreno, a municipal cor~orstion of :he State of Arizona, located within the boundaries of the County of Pim&, hereinafter r~f~?red to as 'Town.' WHEreAS, is is necessary to enter into a Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of !97¢ and subsequent amendments; and 'WHEREAS, the County and the Town are public agencies under the Provisions of Sections !I-95! et seq. of the Arizona Revised Statutes, and each is authorized by law to enter into joint powers agrezments; and WHE2£AS, the County and the Town are individually authorized by l~w to engage in housing and cook,unity development activities; and WHEREAS, the County and the Town do hereby find and determine that it is t~ the best interest of the residents of the uniocnrp. ora:ad areas of the County and the Town that housing and community development activities be pe~ormed jointly in accordance with the provisions of this Ag~em. ent and that the U.S. Department of Housing and Urban Development recommends that expenditures of funds for such purpose be on ~n Urban C~unty basis; and WHERFAS, it is mutually beneficial to each o~ the parties heard far the County to administer and execute the provisions of this Agreement and the provisions of the Agreement for Management and Impl~entation of the CDSG Program and HOME Program Agree_merits enter~ into by the par~ies, which Agreeme.ors ar~._ hereby incorporated by ~ference ~ if fully set forth herin, in accordance with the terms and conditions hereinafter provided and subject to local ordinanc.: and State and Federal law; NOW, THE2EFORE, IT IS AGRE~ AS FOLLOWS: Pima County, as an Urban County, is hereby designated zs the sponsoring agency to administer and implement the plan and progrem for housing and community development activities for each of the participating par~ies to this Agreement in accordanc~ with the prnvisions of the Housing and Community Development Act of 197~ and subsequent amendments, the laws of the State of Arizona, and the terms and conditions provided her~in] in this respect, the Town agrees that the County is hereby delegated the power to plan and undertake community development projects ~ithin its jurisdiction and will have the final r~.sponsi~ilit7 for sele-~ting all CDBG 10395 ~nd ,,OME ~ro~ec:s in ~ccardance wit.~ the approve~ Cummuni~y Oeve]opmen~ and ~ous~ng Consolidated Plan. it is unders%ood and agreed that the C~unty as the ~rantee ~s to take the ~final responsibility and to assume all the obligations of applic~qt for assistance under the provisions of said Housing and Cowunity DevelOpment Act of !974 and subsequent amendments, the thr..-e-year certifications as required by HUD, subject to change in legislation or r~ulations, and the Consolidated Plan. The County and Town agree to cooperate to undertake, or assist in undertaking, community r~newa) and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The County ~qd 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 A~reemen~. In the evens that any pa.,~.ici:atino member entity does not comp(y with a feder~! prerequisite in order For funds to be exoended in such area, then said entity's share. shall be expended within all or any ~or~ion of the area served b~ the member ~ntities who qualify under the provisions of said Act. it is understood that in order to qualify f~r funds under the ~ousing and Community Development Act of !97~ and subsequent ~mendment~, it is necessary that a Consolidated Plan be submitt~ to and approved by the United States Department of Housing and Urban Development. All parties hereto agree to abide by the terms ~nd conditions of ~n approved Consolidated Plan for housing and community development activities as submitted to the Depar-~ent of Housing and Urban Development. Upon executing the Agreement the Town agrees not to apply for CD86 funds from the S:ate of Arizona Small Cities Program, and may not pa~icip~te in a HOME consortium except through the Urban C~unty during the period in which it is participating in the Urb~q Cmunty'~ CDBG Program. Nothing herein shall be construed as limiting in any m~nner the powers of any of the r~spective parties to initiate and complete a local project within their respective jurisdiction with their own funds. ~e ~r~h day of ~,~]v !99~, shall be the effective data of this agreement and r-_main in forage for three years. , ~is Agree. merit covers CDSG and HOME Program funding for g~eral Fiscal years I996, !997, and !998. i~nis Agre~ment shall be ~mended to e~end the term of Agreement in order to complete activities funded but no: completed, or to e~pend program income received during the three years covered by this Agent. County and Town may not terminate or withdraw fr~m this Agr~=ement while the Agre-_ment r~ain~ in effect. i'he Town and the County recngnize that the County sh~ll be the governmental entity required to execute any grant agent re~ived pursuant to its C~nsolidated Pla~, and that the C~unty shall thereby become responsible thereunder for the proper performance of the plum and progrum. The Town agrees that iz shall fully cooperate with the County in all effort~ hereunder and that they will a.s~ist in doing any and all '{mmimlm 10395 10. !!. i3. things required or appropriate to comply with the provisions of any grant agreement received by the County pursuant to the Act and its regulations. All records of the County or Town retat_~d to this ConsolidaC-~d Plan and any proiects undert~aken pursuant thereto .shall upon re~sonable~not-ice, be available for inspection by HUD, County, and/ar Town auditors, during normal business hours. This Intergovernmental Cooperative Agra_~ment shall be binding upon the parties hereto, their successors and assignees. Any assignment of Agreement shall be void without the consent of the other party. Pursuant to the primary objective of Title Z of the Housing and Co~nity Development Act of i97¢, the parties hereby agree to di~ct their Community Development Block Grant and HOME P,-~gram resources toward the development of viable urban communities, by providing dec~nt housing and a suitable living environment and exnanding economic opportunities; principally for persons of low- and moderat-~-income. County and Town will take all ~quired actions necessary to com~ly with the urban county's c~rtification required by Section !04 (b) o6 Title ! of Housing and Community Development Act of !974, as amended, including Title V! 'Of the Civil Rights Act of !964, the Fair Housing Act, section 109 of Title ! of the Housing and Community Development Act of 197~, and other applicable laws. County shall not ~nd Town if :no )own does not affirmatively further fair housing ~ithin its own jurisdiction. County and Town agree._ to affirmatively fu~her fair housing within County and Town. Town shall take no a~ions ta'~m~ede the County's actions ta comply with County 6air housing certification. County and Town have ~dopted and ar~ enfor~ing policy prohibiting the use of excessive farce by law enforcement agencies within its jurisdiction against any individuals engaged in nan-violent civil rights d~manstrations; and A policy of ~forcing applicable State and local laws against physically barring antrunc~ to or exit from a facility or loc~tion whi~q is the subject of such non-violent civil right~ demonstrations within its jurisdiction. The parties agree that ~ fully executed amen~ment or amendments to this Agreement shall be entered_' into as required or necessary to imple~_nt a detailed ~nd formulated plan and program as contemplated hereunder or for the purpose of c~mplying with any grant agr!~ement ~ceived or the regulations issued pursuant to the Act. Failur~ by either party to adopt an Amendment to this ~ent incorporating all changes necessary to meet the requir~nts for cooperation Agr~_ements set forth in the Urban County Qualification Notic~ applic~le for the year in which the ne~c= qualification of the Urban County is s~qeduled shall automatically terminate this Agreement following the expenditure of all Community Development 81oc~ Grant and HOME funds allocat_~d for use in the Towo's jurisdiction. Pursuant to 24 CFR, 570.50!(b), the Town is subject to the s~me requirements applicable to subrecipients, including the re~uirem~nt for a written Agreement set fort~h in 2~ C,-~. ~70.503. · 103 J5 , 9l,$ IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to. be executed the ~ck day of J~l? i~5. P[MA COUNTY BOARD OF SUPERVISORS Chairman, Board ~f-Sbpervisor~ JUL- 5 APPROVED AS TO O'~uty County A~torne~ [ have reviewed this contract and have determined that it is in appropriate form and within the powers and authority granted to the County. TOWN OF M~ARANA Mayor ~/'~-~ /'~//~';~/~//:~"--'~) [ have reviewed this contract and have determined that it is i~ appropriate form and within the powers and authority granted to the Town of Moreno. ~.~.s ccnUracc Is suojecu uo one puovtsior~ o£ A.~.S. §]~-5!1. 10395 9q7