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HomeMy WebLinkAboutResolution 2010-021 development of a comprehensive energy efficiency and conservation strategyMARANA RESOLUTION N0.2010-21 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF A CONTRACT (R016-10-35) WITH THE ARIZONA DEPARTMENT OF COMMERCE TO RECEIVE FUNDS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ARIZONA STATE ENERGY EFFICIENCY BLOCK GRANT PROGRAM TO ASSIST IN THE DEVELOPMENT OF A COMPREHENSIVE ENERGY EFFICIENCY AND CONSERVATION STRATEGY WHEREAS, the Arizona Department of Commerce solicited Request for Information from Arizona jurisdictions meeting the guidelines for the Arizona Balance of State Energy Efficiency and Conservation Block Grant (ABS-EECBG) Program; and WHEREAS, the Town of Marana qualifies for funding under this program as anon-direct entities under the American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant program; and WHEREAS, the primary mission of the ABS-EECBG program is to assist, coordinate, and collaborate with local government entities implementing projects focused on increasing energy efficiency, reducing energy use, and reducing fossil fuel emissions; and WHEREAS, the Town of Marana wishes to develop a Comprehensive Energy Efficiency and Conservation Strategy, qualifies to receive a $171,429 funding allocation under the ABS- EECBG program, and completed the required Request for Information. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Council approves the contract and authorizes the Town Manager execute the contract (R016-10-35) with the Arizona Department Commerce. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2°d day of March, 2010. ````~~oE111~ je,,~ 1~~~~,~qn ~j ~~~~~tPO ~ Mayor ~ I=Ionea ATTEST: celyn ronson, Town Clerk APPROVED AS TO FORM: ,~ ~' ~..- ank Caddy, Town orney /~ d \~IZO~j ri , d6~ ~` ~ , r , ,~ .. ~,~ ~3~' of r a $E .~ , . ~F ~ 4 s ~.. ~~~~b~ ~, ~o~l•~o~d.. . , ..,..~ y E ~~ ~ :. r .: ~,~ , . ~,Ir ~ ~ ~., . ,. _ ..... d ~: ~ ..:,.. .. ..~.. BOARD OF SUPERVISORS AGENDA ITEM SUMMARY Requested Board Meeting Date. ITEM SUMMARY, JUSTiFiCA T1ON &lor SPECIAL CONSIDERATION 04l06lZO ~ 0 RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT IN THE AMOUNT OF $170,000.00 WITH THE TOWN OF MARANA FOR THE MANAGEMENT AN~IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR HONEA HEIGHTS NEIGHBORHOOD DESIGN AND ENGINEERING PLANS. CONTRACT NO. (If applicable): NEW STAFF RECOMMENDATION(S): To be approved by Board of Supervisors. CORPORA TE NFADQtJARTERS: Tucson, AZ F V ~~ ~ifi Q Page ~ of ~ Cv'a - ~.(A~` 3 . ~ ~/ ~o ,~~.~_id CLERIC OF B OA RD USE ONLY: B OX M. G. ITEM NO. P1MA COUNTY COST: 170 000.00 REVENUE TO P1MA COUNTY: ,~ FUNDING SOURCE: HUD-CDBG (i. e. General Fund, Sate Grant Fund, Federal Fund, Stadium D. Fund, etc.) Advertised Public Hearin~___ _ ~ YES X NO 1 1 Board of Supervisors Disfrict: _._. _ _ - -- . _.. ~~ ? _~ ... .-3 xx _ 4- 5 _ All IMPA C F: 1F APPROVED: Perna County well provide funds for the Honea Heights Neighborhood desr'gn and engineering plans in fire Town of Marana. 1F DENlED: Pima County wr"11 not provide funds for fhe Honea Heighfs Neighborhood design and en~r'n Bering plans in fhe Town of Marana. ~~ ~ ~ ~ ~ ~~ ARTMENT NAME: Communit Develo menf and Nei hborhood Conservation De f. `~ a ~' TACT Glorr'a Sofo TELEPHONE ND.: Z43-fi75~ Page Z of ~ ~~ Q~ ~~ ~~ ~8 CONTRACT INTERGOVERNMENTAL AGR between Pima County and Town of I for No. ai• 9o~~i/ ~y»i1 ~ oii d AMENDMENT N0. rana Management and lmplementat#on of the Community Development Block Grant Program THiS Intergovernmental Agreement RIGA} is entered into by and between Pima County, a body politic and corporate of the State of Arizona ~"COUNTY"}and Town of Marano, a municipality of the State of Arizona ~"TOWN}. RECITALS A. COUNTY and TOWN may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. COUNTY is authorized by A.R.S. §§ 11-254.04,11-251 ~5}and 11-251 X17} to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the COUNTY. C. TOWN is authorized by A.R.S. §9-500.11 to expend public monies for and in connection with economic development activities. D. COUNTY and TOWN are authorized by A.R.S. § 36-1403 to exercise certain powers relating to housing projects. E. COUNTY applied for and received funds from the United States Government under Title 1 of the HOUSing and Communi#y Development Act of 1974, as amended ~HCD ACT}, Public Law 93-383. F. COUNTY through its annual Community Development Block Grant CDBG}proposal process for federal years 2006-2007and 2007- 2008, required afl applicants to submit a proposal far each of their projects that they would like to be considered for funding. G. TOWN submitted a response to COUNTY. H. COUNTY submitted its 200fi-2007 and 20D7-2008 Annual Action Plans to the U.S. Department of Housing and Urban Development THUD}, which included the TOWN'S proposals. I. COUNTY has determined that the TOWN is qualifed and willing to provide the proposed services. J. COUNTY finds that it is appropriate to provide CDBG funds for TOWN'S program. NOW THEREFORE, COUNTY and TOWN, pursuant to the above, and inconsideration of the matters and things hereinafter set Earth, do mutually agree as follows: AGREEMENT F 1. rpose. This IGA establishes the rights and responsibilities of the Parties for the provision of CDBG funding for TOWN to design inf ucture for the Honea Heights Neighborhood Redevelopment area ~"the project"}, The project shall provide affordable housing tolow-to- ate income first-time homebuyers. The public area of the project shall include park improvements including but not limited to a ~ und, ramada, benches, landscaping and walking trails. pe. TOWN shall: ~~ ~ A. Use the CDBG funds provided through this IGA in accordance with terms of: the 2006-2007 and 20D7-2008 Annual ~ Action Plans ~"Plane} submitted by COUNTY to HUD for CDBG funding; the Certifcations that were submitted ~ concurrently with the Plan; and, with the Intergovernmental Cooperative Agreement between Pima County and Town of ~ ~ Marano for the Community Development Block Grant Program and Home Investment Partnership Program contained in ~ ~ Exhibit C and fully incorporated herein. a ~ B. The work under this IGA must be performed to the satisfaction of the COUNTY. ~ C. Hire, through a competitive selection process, professional engineers to design plans. Plans shall include: 1. Paving ~ 2. Grading ~ ~ 3. Water infrastructure design Q~ ~ ~ ~~ Revised June ~0, 208 1 6. Drainage report 7. Soils report 8. Property survey D. Submit the design plans to the Community Development and Neighborhood Conservation Department (CDNC}for approval. E. Retain copies of all executed contracts associated with design and engineering. F. TOWN shall comply with the Special Agency Conditions set forth in Exhibi# A. G. TOWN shall undertake the same obligations #o the COUNTY, as the COUNTY does to HUD pursuant to said Pian and assurances. TQWN 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. H. Certify that the projects under this IGA meets one of the CDBG Program's National Objectives defined in 24 C.F.R. 570.208. TOWN certifies that the activities carried under this IGA will meet and benefit low- and moderate-income persons. I. Provide quarterly and annual program reports on the COUNTY'S web based reporting system at htt~alwww. ima. ov1CEDIDatalforms.html. Reports provided in any other form shall be accepted only after a written approval is provided by the Community Development and Neighborhood Conservation director or authorized representative. Reports shall be submitted as follows: 1. Quarterly reports shall be submitted no later than the following dates for the preceding quar#er: a} January 31 b} April 30 c} July 31 d} October 31 2. The quarterly reports shall include: a} Demographic information including client's address; income level; family size; race; whether the family isfemale- headed household; services provided; and, whether anyone in the family is elderly or handicapped. b} A narrative of the program's accomplishments; problems or concerns impacting the achievement of the program's goals and objectives during the past quarter. 3. The annual report shall include a community impact narrative, demographic information and a financial report. TOWN shall submit the annual report no later than January 31 S~, 2011. F ~• ~~ ~ifi Q J. Warrant compliance with the Town's Certification contained in Exhibit B and the Intergovernmental Cooperative Agreement between Pima County and Town of Marano far the Community Development Block Grant Program and HOME Investment Partnership Program contained in Exhibit C. IC. Employ suitable trained and skilled personnel to perform all services under this IGA. L. Be the legal entity responsible for operating and maintaining the projects to be developed. 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 $170,000.00: A. Budget: FY 2006-2007 FY 2007-2008 Design plans for the Hones Heights Neighborhood Redevelopment area $48,648.73 $121,351.27 B. The total amount ofthis IGA is 1l0 OOO.DO~ C. Payments: 1. Payments will not exceed the amount allocated for this project by HUD under the Community Development Block Grant Program administered by COUNTY. The following conditions shall apply: R~~ised Jung 10, 200$ ° a. All of TOWN'S drawdowns for the payment of eligible expenses shall be made against the line item budget specified in Paragraph A above. b. Request for reimbursement shall include all claims and invoices of every kind and nature against COUNTY, arising under this IGA or any provision thereof. c. TOWN shall submit monthly requests for reimbursement no more than 30 calendar days following the end of each month except requests for payment for expenses occurring in May must be submitted by June 15; and an estimate for expenses occurring in June must be submitted prior to July 1. d. All requests for payments shall be on the form set forth in Exhibit D. Each monthly request for payment shall include: i. Copies of all receipts andlor checks front and back} and general ledger to support all purchased goods or services. D. If TOWN requests payment for invoiced bills, rather than a reimbursement, TOVVN must submit evidence that the invoiced bill was paid by TOWN within X30}thirty calendar days. Future payments to TOWN may be withheld until #his evidence of payment is received and approved by COUNTY. E. Payment by COUNTY will generally occur ten X10}days from the date the submission is received by Pima County Finance Department. TOWN should budget their cash needs accordingly. F. TOWN may not be entitled to, and may forfeit, payment of expenses not submitted to COUNTY as follows: 1. Within sixty X60} days after the end of the month in which expenses were incurred in the months of October through March; 2. No later than June 15 for expenses incurred in April and May; 3. No later #han July 6 for expenses incurred in June; 4. Within sixty t60} days for expenses incurred in July through November; and 5. Na later than January 31, 2010 for expenses incurred in December. G. 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 X30} 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. H. For the period or record retention required under Section 19, COUNTY reserves the right to question any payment made under this Section and tv require reimbursements therefore by setoff or otherwise for payments determined to be improper or contrary to the IGA ar law. 4~1 T e~ ~ ~ w ~ `~ ~ a ~~ ya~ e Ck ~ Tv x ~ ~ a ~ ~ ~ rm. GA shall be effective on Janua 1 2010 following execution by both parties. Except as otherwise provided in this IGA, this IGA shall gate on December 31, 2010 unless sooner terminated or further extended pursuant to the provisions of this IGA. This I GA upon mutual ant of the parties may be extended for a period of time not to exceed two ~2} additional one-year periods. Any modification or time sion of this IGA shall comply with the modifications provisions contained in Exhibit B. rmination. A. COUNTY reserves the right to terminate this IGA at any time and without cause by serving upon TOWN 34 days advance written notice of such intent to terminate. In the event of such termination, the COUNTY'S only obligation to TOWN shall be payment for services rendered prior to the date of termination. B. Notwithstanding Paragraph A above, if any state or federal grant monies used to pay for performance under this IGA are either reduced or withdrawn, COUNTY shall have the right to either reduce the services to be provided and the total dollar amount payable under this IGA or terminate the IGA. To the extent possible, COUNTY will endeavor to provide fifteen X15} days written notice of such reduction or termination. In the event of a reduction in the amount payable, COUNTY shall not be liable to TOWN for more than the reduced amount. In the event of a termination under this paragraph, COUNTY'S only obligation to SUBGRANTEE shah be payment for services rendered prior to the date of termination to the extent that grant funds are available. Revised June 10, 2008 3 C: This IGA may be terminated at any time without advance notice and without further obligation to the COUNTY when the TOWN is found by COUNTY to be in default of any provision of this IGA. D. 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 under this IGA. In the event of such termination, COUNTY shall have no further obligation to TOWN, other than to pay far services rendered prior to termination. E. COUNTY reserves the right to suspend TOWN'S performance and payments under this IGA immediately upon notice delivered to TOWN'S designated agent in order to investigate TOWN'S activities and compliance with this IGA. In the event of an investigation by COUNTY, TOWN shall cooperate fully and provide all requested information and documentation. At the conclusion of the investigation, or within forty-five X45} days, whichever is sooner, TOWN will be notified in writing that the IGA will be immediately terminated or that performance may be resumed. fi. Disposal of Property. Upon the termination of this IGA, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this IGA, nor affect any ownership of property pursuant to IGA. 7. Indemnification. Each party has Indemnitor} agrees to indemnify, defend and hold harmless the other party has Indemnitee} from and against any and all claims, losses, liability, costs or expenses including reasonable attorney's fees} thereinafter collectively referred to as "claims"} arising out of bodily injury of any person including death} or property damage, but only to the extent that such claims which result in vicariouslderivativeliability tothe Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, agents, employees, or volunteers. 8. Compliance with Laws. The parties shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limits#ion 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 1GA shall be brought in an Arizona court in Pima County. 9. 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 15-5, as amended by Executive Order 2D09-09, which is incorporated into this IGA by reference as if set #orth in full herein. 10. 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. N is carrying out a government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to th me 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. ,and 35.163. Failure to do so could result in the termination of this IGA. verability. rovision of this IGA, or any application thereof to the porkies or any person or circumstances, is held invalid, such invalidity shall not ~afi$et they previsions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the rc ons of this IGA are declared to be severable. 2.~ onflict of Interest. hill A is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions ofwhich are incorporated herein y ~ rence. ~~ a~ 3.~ on-Appropriation. i hstanding any other provision in this IGA, this IGA may be terminated if for any reason, there are not sufficient appropriated and v le monies for the purpose of maintaining this 1GA. In the event of such cancellation, COUNTY shall have no further obligation to other than far payment of services rendered prior to cancella#ion. ~ ~ Q~ ~ ~ 4~ ~ Revised dune 1~, 2D08 4 14. 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 tv 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. 15, Worker's Compensation. Each party shall comply with the notice of A.R.S. § 23-1D22~E}. For purposes of A.R.S. § 23-1D22, 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 benefiits of said employees. 1 fi. 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, obliga#ions 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. 1l. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended tv create duties or obligations to or rights in third parties not parties to this IGA or effect the legal liability of either party to the IGA by imposing any standard of care different from the standard of care imposed by law. 1 S. Notice. Any notice required or permitted to be given under this IGA shall be in writing and shall be served by delivery or by certified mail upon the other party as follows: COUNTY: Margaret Kish, Director Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3~d Floor Tucson, AZ. 85713 19. Record Retention. F V ~~ ~ifi Q TOWN OF MARANA: Ed Honea Town Mayor 11555 West Civic Center Drive Marano, AZ 85653 A. TOWN shall keep and maintain all records required by the Federal regula#ions 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 documentthe acquisition, improvement, use vrdisposition 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; ~. Records documenting Environmental Review compliance; 7. Records documenting scope of work, change orders, on-site inspection and sign-off on rehabilitation wank, including final inspection; 8. Records of owner occupancy property deed or land contract}; ~. Records of disbursements made for completed and approved work; I~. Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and l I. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. B. TOWN shall retain all f nancial records, supporting documents, statistical records, and all other records relating to this IGA for a period of four ~4~ years from the start of the retantion period or until any related-pending proceeding or litigation has been closed, whichever date is later. The retention period starts from the date of submission of the COUNTY'S annual performance and evaluation report, as prescribed in 24 CFR 91.52D, in which the specific activity is reported on for the f nal time rather than from the date of submission of the final expenditure report for the award. TOWN must comply with Section 570.506 "Records to be Maintained of the Community Development Block Grant Program -- Entitlement Grant Regula#ions. Revised June 10, 2008 5 20. Publicslnfarmation A. Pursuant to A.R.S. § 39-121 et seq., and A.R.S. ~ 34-6o3~D} in the case of construction or Architectural and Engineering services procured under A.R.S. Title 34, Chapter 6, all information submitted in response to this solicitation, including, but not limited to, pricing, product specifications, work plans, and any supporking data becomes public information and upon request, is subject to release andlor review by the general public including competitors. B. Any records submitted in response to this solicitation that respondent believes constitute proprietary, trade secretor otherwise confidential information must be appropriately and prominently marked as CDNF[DENTIAL by respondent prior tv the close of the solicitation. C. Natwithstandingthe above provisions, in the event records marked CONFIDENTIAL are requested far public release pursuant to A.R.S. § 39-121 et seq., COUNTY shall release records marked CONFIDENTIAL ten (10}business days after the date of notice to the respondent of the request for release, unless respondent has, within the ten day period, secured a protective order, injunctive relief or other appropriate order from a court of competent jurisdiction, enjoining the release of the records. For the purposes of this paragraph, the day of the request far release shall not be counted in the time calculation. Respondent shall be notified of any request far such release on the same day of the request for public release or as soon thereafter as practicable. D. COUNTY shat[ not, under any circumstances, be responsible far securing a protective order or other relief enjoining the release of records marked CDNF[DENT[AL, nor shall COUNTY be in any way financially responsible for any costs associated with securing such an order. 21. Entire Agreemen#. This document constitutes the entire IGA between the parties pertaining to the subject matter hereof, and all prior yr contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This [GA shall not be modified, amended, altered or extended except through a written amendment signed by the parties. In ~fness Whereof, COUNTY has caused this Intergovernmental Agreement to be executed by the Chairman 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 tl9~yor upon resol~v of the Mayor and Council and attested to by: PIMA CO ~ TOWNS MARAN Cha' n, Board of Supervisors Mayor Dafe: Date: ~ r ~ - ATTEST ATTEST e Board own Clerk ~ , /G ate: ate: D AS TO COT I~, rr~ ty e elopment and Neighborhood Conservation Director I~fq~ oing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. §11- 5~b undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of ie~5t of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. C~ ~ IAA LINTY unty Attorney 5 ~ ~ evised June ~.0, 2D08 T W OFMARANA T ttorn Date: 6 ExHIBIT A SPECIAL AGENCY G~NDITIQNS A. Modification 1 } Modifications may be made to this IGA in accordance with the following provisions: 2} 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. 3} Major modifications shall be by written amendmen# signed by both parties. Major modifications include any which do the following: a} Change the purpose of the IGA; b} increase or decrease the compensation provided far in the IGA; c) Change the term of the IGA; d} Change the scope or assurances of the IGA; e} Change any section of the IGA other than the Scope of Work or budget; f} Any change tha# is not a minor modification as described below. 4} Minor modifications may be made by written memorandum approved and signed by the Director of the Pima County Community Development and Neighborhood Conservation Department or authorized representative to be effective. Minor modifcations are changes in the Scope of Wark or budget that do not change the purpose or total compensation of this IGA and do not in any way increase the direct or indirect liability of the County under this IGA. B. 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 GMBCircular No. A-122, -"Cost Principals for Non-Profit Organizations" cif Town is anon-profit corporation}, QMB Circular No. A-110 and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educations, Hospitals, and other Non-Profit organizations. C. Monitoring and Evaluation: F V ~~ ~• ~ifi Q 1 } County shall monitor all activities and information sources in the management, fiscal, and service systems of TGWN 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 tv 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. 2} 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. 3} 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 TQWN within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. 4}. 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. Client Fees and Program Income: 1 } Any program income generated and received by Town as a result of IGA services shall be kept by Town, used for the purpose of this IGA, and reported to County. Revised June 10, 2008 2} 'own shall comply with Section 570.504 "Program Income",and Section 570.503 "A regiments with Subreci Tents" of the 9 p Community Development Block Grant Program Entitlement Grant Regulations. E. Identification Of Funding and Copyrights: 1 } All advertisements, real property, publications, printed and other materials which are produced by the Town and refer to services funded under this IGA 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 2} Reference to Pima County shall be displayed at least as prominently as other credited funding sources. 3} 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 government and Pima County shall have anon-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. F. Nepotism 1 } 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 #emporary waiver of this policy where relative employment situation already exists at the time of execution of this IGA. G. Audit Requirements: 1} TDWN shall: a} Establish and maintain a separate and identifiable account of all funds provided by County pursuant to this IGA. b} Provide financial statement audits as required by law, c} Upon written notice from County provide aerogram-specific audit. Such notice from County will specify the period to be covered by the audit and the deadline for completion and submission of the audit. F V ~~ ~ifi Q d} Assure that any audit conducted pursuant to this IGA is per#ormed by an independent certified public accountant and submitted tv County within six ~6} months of completion of TOWN'S fiscal year, unless a different time is specified by County. The audit submitted must include TOWN responses, if any, concerning any audit findings. e} Pay all costs for any audit required or requested pursuant to this Article, unless the cost was specifically included in the TOWN'S budget approved by County and the cost is an allowable charge for payment under applicable law or regulation. f} Timely submit the required or requested audits} to: Renee Poquette, Financial Officer Community Services, Employment & Training Dept. 2191 E. Ajo Way, 3rd Floor Tucson, AZ 85113 2} If TOWN is a "nonprofit corporation" that meets the definition of "corporation" in A.R.S. X10-3140, TOWN shall comply with the applicable audit requirements set forth in A.R.S. § 11-624. Revised June 10, 2008 8 3~ fiOWN is receiving federal funds under this IGA, and TOWN is a state or Iocaigovernment ornon-profit organization, TOWN shall provide an annual audit which complies with the requirements of the most recent version of OMB Circular A-133, "Audits of State and Local Governments and Non-Profit Organizations." END OF SPECIAL AGENCY CONDITIONS F V ~~ ~ifi Q Revised June 10, 2008 9 EXHIBIT B TOWN'S CERTIFICATION TOV11N 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" cif Agency is local government}, 4} Title VI of the Civil Rights Act of 1964. 5} Section 109 of the Housing and Community Development Act of 1974. 6} Executive Order 11246 -Equal Employment Opportunity. 7} Section 3 of the Housing and Urban Development Act of 1968. 8} Flood Disaster Protection Act of 1973. 9} National Environment Policy Act of 1969. Section 106 of the National Historic Preservation Act of 1966, Executive Order ~ 1593. 1 D} 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" cif agency is non-profit organization}. 13} OMB Circular A-110and A-87. 14} A-21, "Cos# Principals for Educational Institutions". 15} Subpart K of the Community Development Block Grant Program Entitlement Regulations. 16} 570.200~J} First Amendment ChurchlState Principles of the Community Development Block Grant Program Entitlement Regulations. 17} 51D.503~b}(6} Prohibition Against Religious Activities. 18} 570.503~b}~8} Reversion of Assets F V ~~ ~ifi Q Revised June 10, 208 10 ExHieirc Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community development Black Grant Program and Home Investment Partnership Program See attached: Resole#ion No. 2004-130 Resolution No. 2004-30 IGA No. 01-39-M-134204-0704 F V ~~ ~ifi Q Revised June ~0, 2008 ll .~. - - _ - .~~--~-:~-~.- :~. ~ ~-~~~-~ ~-:~. -~~EPU~.'Y=-RECOP~DER .~_._..~ ~' -_ ~ -- p TNa~~aF SAGES ~_:--._,-~--- _ $-_-_-__~-.. ..-. ~ ~r. ... ... .. .. ~ - ~ .:.. ,.. ... .u.~.~ ~ _ rE'~. ~ ~ ~z SEQt]ENCE :... _ .~ 0 04109 a 518 _ .. PIMx1 CD CLERK DF Th"E 84~~ ~,~~ ~ .~~ RES ~ .16 : ~5 ~o~ PrCxuD ~ - ~ Prcx~P { e RESOLD T ION NJ. ~fl~~- 13 ~ -nESv~.U r fO~~" c~~~ -TI~'E.-B~ARD ~~:SUF~R~iSORS OF PII~IA..COiJNTY,. QRIZO>~A ~AUTH4RI~~NG-_.-.. ..._ E~CI;CUTION DF AN IN T ERGQVERNMENTAIw COOPERATi~E AGREEMENT BETWEEN PIMA COUN~~'Y AItiID THE TawN OP MARANA FOR THE COMMUNITY pEVELCPMENT BLACK GRANT . PROGRAM AND HOME INVESTMENT PARTNERSHIP ~PRO~RAM. . ,~ . .. ~, . U~HEREAS, County and Town r~ay.cantract~far. services and enter Into a reements with ~~one ..,.. 9 . another for joint or cooperative action pursuant to A.R.S. § ~ ~-951, et seq.; and ~-. WHEREAS, it is necessary to enter into an Intergovemmental Cooperative Agreement in order to meet the requirements of the Housing and Camrnur~ity Development Act o~ 1914 and subse cent amend ~ - q rnents, and . ~ ~ ~JIIHEREAS, County and Town desire to engage in housing and community development - activities as' authorized under the Housing and Community Development Act of 1974. and subsequent amendments; and 1NNEREAS, County and Town do hereby fnd and determine that it is in the bes# interest of the residents of the unincorporated areas of the County and of the' Town of Marano that housin and comn7un~ty development activities beperformed-~jointl}~ ~n accordance w~tl1 the provisions of phis Agreement and that the U,S. Department of Housing and Urban Development THUD} recommends that expenditures of finds for each purpose be ari an Urban County basis; and . ~._:-~ - WHEREAS, it is mutually beneficial tv 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 (oca(ordinance and State and Federa(Iaw; now, there~are BE lT RESOLVED BY THE BOARD OF SUPER1~15ORS OF P(MA COUNTY, ARIZONA, as follows: 1. The Intergovernmental'CooperativeAgreement between Pima County and the Town of . _ ~I_tarana.~r..~e~ommua~y_L~euetapme.nt-8tOC1~-~'rogr~.m. and Hor~~ f~nves~tr~e~n#:~Ra~r-tner~hi-P F Program is hereby approved; and ' ~. The Chair of the Baard~of Supervisors is hereby instructed and authorized to sign the ~ Intergovernmental Cooperative Agreement far the Pima County Board of Supervisors. SSED AND ADOPTED ON THIS 1st DAY OF , X904 ~' . ~ I, A COUNTY, A Body Politic ~ Carp ATTEST:_~.....;..,: . ~ ~~.:_ . f. :. ~. .4 +~ ~ ; '~ ~ ir, Board of Supervisors 1 Zp~4~ Clerk of the Baard~ ~ : ~ - ~ : ROVED AS TO FORM: ~ ~ . ~ .., ,.~~~ ~ . , -.rr 5. .!./1• L ~ ~ •~ ~ .: , : •. uty County Attorney . ~ ~ Ors ~~r~a~ ~ ~~ 4 ~: ~ .~ Q:~. ~~ ~~ a ~,`~~"Q ~t~w .. s. ,~ ~i~; K ~ date ~ ,~D~.s~,,,, ~.~.~~~ R~S~LUTI~~ I'~~. ~~~ ~-3~~. ~ RELATING T4 hI~USIl~IG. AT]THOR~G T~ TCwN~ ~F ~ ~ . . ,. . A, AR~~NA, T~ r ENTER INTO AN ]~T'ERGO NTAL ~G ~3 PEA ~~~~ FOR TLTE GC~J~TY.I~EVELQP~' BLaOK GRAN`' ~~DBG~ PRflGR~,M ~ 330I~riE~: . ~r~TMENT ~'AR ~,~~ROGR~.M. ~ ~ ~- ~ ' . .. ~ ~. . f. w~IEREAS, the County and Town may contract for services and enter Into agreements with one another far joint or cooperative action pr~rsuant to A..RS. ~§ "I I-9~ I~, et seq.; and WHEREAS, it is necessary to enter iota an interaovernme~taI agre~n~ent in order to meet .. the requxrenzents of the Housing and Community Development AEt of I974 and subsequent amendznents;~ and ... . •L L wIi~REAS, the County and Town desire to engage in housing and community , ,., development activities as authorized under the Housing and Com~i~uzity Development ~.ct of 1 ~?'4 and subsequcnt amendn~ents,~and .. . wf iEREA.S, the Canty and Town do hereby find and dete~mme that it is m the best . . interest of the resident of the unincorporated areas of the County and ~f the Town of Manna _ that housing and community development activities be performed jointly m accordance with the provisions of this Agreement and that the U.S. Department af~iousinng and Urban Development ~HCJD~ reconarnends that expendi#ures of funds for eachpurpose be on an Urban County basis; . and F 3F "~ '~ ~ '` YYi Q ~~ r. ~EREASx it is mutually beneficial to.eaGh of the parties hereto for the County to administer ~aud e~ecut~ the p~avi~ions ofthe intergauernmental agreement in accordance with the terms and conditionshereinafter ~rovided and sub'ect to local ordinance and State and Federal . .P 1 law. ~ ~ ~ ~ r NQw BE IT RES LIED BY THE MAYQR A.~Q CCUNCLL CF T~ TT3ERFF4RE, a ; TOWN ~CF A, AS FCLLCwS: ~ . 5ECTTCN 1. The intergovernmental govern.tnent between the Town. of Marano and Puna . . County attached to ~ and incorporated by this reference in this resolution as Exhibzt A is hereby. ant~ori~ed and approved. ~~ E~ ~ 2 ,, ..... _ ._ __ .. ~ :...~ ..... SECTZ~~7 2. Th~h~a ~ or I~ hereb ~ autbo~zed~to e ..... ,_...-.... _.... ~ -- ~... _ _ - .~ Y Y ~ecute said Ex~ubzt A and the Town . Clerk i~ hereby authorized to attest thereto for and an behalf of the Town of Manna. . ~ECTIQN 3. The Town ~aoa~er, To~zl. Attoine and other Taws st ~ . .. Y aff are hereby au~hon~ed to ~-~de~a~e a.~ other tans rzq~ured to carry out the terns, obii a#~ons and ob'e~t~v4s ~ J of said E~hin~t ~. an y-~P~~RU~ by me ~faya~ ~~ ~vuncu of ~.e Ta~v~ off` ~arana~ Arizona, this ~ 5th day ~f March, ~~04, ~ ~ . .. ,.~ ,.. I~iaYa~ b ~S u an, Jr. ' T ATTEST: - ~~~~f~ . ~ ~ nn ~~ !~~~ ~~ _ .~ Jacel C..Bronsan Town C~ ~~ ~~ ~ ~~~ ~ ~~~~~ ~~~1~ ~~~. APPRD D AS F~R~Vi: ~. . F. ~, +~yi,..~ V ~.,;. ~' ~~' ~. ~. ~.. IY' "..~... ~+. ...~ Qi. ~" ~;, ' ~ , ....~ ~: H:lFrankC170Q~~3I~CassaciI Mc~C CDBG Rcso ., ~~ • - s ""~ . ~ ' - J" :,. . FClcd~ ~~ + u r i+ i ~+ ,1 ,.1 A i. i _ _ _~.. .~- _.-. .~.. r,1 VOICE ~:. _ ~+r~ ~• - -~~~~ ~:-~ } 1 _~-~~ ~~ ~4/~I ~.~v fir,....- ~~,. ~^ uv: ~~rr,,;,'~ G~Q intergovernmental Goa erative A ree aru~~r`~ ~~~~`~`~~~ ~ is "r~t~ j P 9 ~ ' ~r~ ~:. between .~w --, .. _...._: .~ Pima County and Town of Marana for the Cam~~nuni~~ Development 8iock Grant Program and . - - J i~L'ri 1G ~ it 1V~J~ {vii rG~ t; i Cwt tip ~ i" U~Cra1"~ This intergovernmental Cooperative Agreement made and entered ~inta this day of 2004, by and between the County of Pima, a body politic and corporate. of the S~at~ of Arizona, hereinafter referred to as "County," and the Tawn of Marana, a municipal corporation of fhe State of Arizona, located within the boundanes.of the County of Pima, hereinafter referred to as "Town." + RECITALS A. 1NHEREAS County and Town may contract for services and enter into agreements with one another far joint or cooperative action pursuant to A.R.S. ~ ~ ~-951, et seq, - B. UvHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the requirements of the Housing ~ and Community Development Act of 1914 and ~ subsequent amendments. C. 1NHEREAS County and Town are individually authorized by law to engage in housing and community development activities. D.1~11HEREAS County and Town do hereby f nd and determine that it is in the best interest of the ~ ~ residents of the unincorporated areas of the County and the Town ghat housing and community development ac~vities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Depar#ment of Housing and Urban Development recommends that expenditures of funds for such purpose be on an UrbanCounty basis. F +y '.~ V ~~ ~'~ .~ '~ifi Q E. Uv.HEREAS it is mutually beneficial to each of the parties hereto for County to administer and ..execute the_~rv~risions of ~his_AOreement and the provisions. of the A~re~ement_ for .Management , . , and implementation of the CDBG Program and HOME Program Agreements entered into by the parties, which Agreements are hereby incorporated by reference as if fully set forth herein, in .~ accordance with the terms and conditions hereinafter provided and subject tv.local ordinance and State and Federal law. N~CUV, THEREFGRE, Goun and Town, ursuant to the above, and in considera~'on of the tY P ~~ ~ matters and things hereinafter set forth, do mu#ualiy agrees as follows: - - - ~ '~' S~ ~. Pima County, as an Urban County, is hereby designated as the sponsoring agency to meht administer and Im develo and communit lement the lan and ro ram for housin ~ y p p p p g g ith th ~' e - ,activities for each of the partlcipat~ng parties to this Agreement ~n accordance w ~ provisions of the Housing and Community Development Act of ~ 9l4 and subsequent ~~ amendments, the laws of the State of Arizona, "and the temps and conditions provided herein. In this respect, the Town agrees that the County is hereby, delegated the power to plan and undertake eamt~.uni~y.dev~l~pm~r~t~.prQj~t~ wj~]!n R~ ~~~~i~tivn and wilt have. ... . .. the final responsibility far selecting all CDBG and HOh~~ pro}ec~s ~n~~accordance v~th the ~ ~~ ~ ~T ~ F approved Community Development and Housing Consolidated Plan pursuant to ~4 CFR Part 9 ~ . 2. It is understood and agreed that the Counfiy as the Grantee is to take the final resaonsiiailifi; ar~d tc assume all tl~e obligations of applicant for assistance under the provisions of said Housing and Communifif Development Act of ~g74 and subsequent . cn7en~ri~Ei~, iti~ t'~re=j/ccr w ~:'T: atiGr~. cs i ~~~~`~ Ly" a~, s~.~bje~- ~~. c~i~~g4 ~~[~..... ~ - __ iegisfatr'on or ~egula~ons and the ConsalidatG~ Plan. ~ ~ . 3. The County and Taws agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifcally :urban renews! and publicly assisted housing, 4. The County and Town do not have the power to veto or otherwise restrict or withhold the support given by the County or the Town to the activities proposed in the Consolidated Plan for any program year covered by this Agreement. fn the event that any participating member entity does not comply with a federal prerequisite in order for funds to be expended in such area, then said entity's share shall ~e expended within all or any portion of the area served bythe member entities who qualify under the provisions of said Act. 5. It is understood that in order to qualify far funds under the Housing and Community Development Act of 1974 and subsequent amendments, it is necessary that a Consolidated Plan be submitted to and approved by the United States Department of Housing and Urban Development. Alt parties hereto agree to abide by the terms and conditions of an approved Consolidated Plan far housing .and. community developrnent activities as submitted to the Department of Housing and Urban De~relopment. Upon executin the A regiment the Town a~ree5 not to apply for CDBG funds from the ~, 9 g ., ~ State of Anzona Srnafl C~t~es Program, and may not par~clpate rn a HOME consortium F V ;~ ~~ ~'~ Y Q except through the Urban County during the period in which it is participating in the Urban Counts CQBG Program. Nothing herein shat! be construed as limiting in any manner the powers of any of the respective parties to initiate and comply#e a local project within their respective jurisdiction with their own funds. fi. The , ~ st . day of Jul ~OD4 ,.shall be the effective dale of Agreement, which shall remain ~ Pragram funding far in farce for three ears. This A regiment covers CDBG 'and HOME Y 9 Federal Fiscal years ~OO5, 2Q0~, and ~Qg7. This Agreement may be amended to extend the term of Agreement in order to complete activities funded but not completed, ar to expend program income received during the three years covered by this Agreement. ~'. The Town and the County recognize that the County shall be the governmental entity ~ required to execute any grant agreement received pursuant to Consolidated Plan, and that the .County shall thereby become responsible thereunder far the proper performance of - The Town agrees that it shall fully cooperate with the ~Caunty in all the plan and program. . efforts .hereunder and that the will assist in doing any and all things required or Y t th i d b C ~~ y oun y e ve appropriate #o cornp~y with the provisions of any grant agreement rece ~, pursuant to the Acf and its regulations. ~~ S. All records of the County ~or Town related to this Consolidated Plan and any projects .undertaken pursuant tl~.eret4 shall upon ~~asonable rlof~ce~ be available for inspection by _ HfJD, County, andlar Town auditors, during normal business hours. ~ . r ; F,:,' .~ V'.,~ ~. ~: ~F... ~. ~ ' ~. ~.'.~ ~. ~. °. ~ This In ter avernmenta[ . Goa . _ .. - , .. - ,_ . _.. - . ' . r _ .- _ _ . -- ~. ~:..: ~ . ~ _ . } ......:. ~ - :. ~ ~~ .. 9 perat~ve Agreement shall be bindin u on the anti ~~ ~ ~ = their successors and assignees. An assn nm 9 p p es hereto, Y 9 ent of Agreement shah be void without the consent orthe otherparty, .. ~ .. - ~ ~. Pursuant to the primary objective of Title ! of the Ho ' using and Comrnun~#y Development Act of ~ 9T'!, the parties hereby agree to direct their Cam ~~ munlty Development Block Grant and HC~~I~ .Program resources toward the develo menu or _._ ._ . , _ ... .-.-rrcuiGin ~ ~ C~~-it~~-h~LCSir~ . ~ ~ .- ~ ~;•- ~;., .. :. p viable urban communities, by . _. g . :._ ....~~ Gnd ~ s~r:aL1C ~ Jr~~rg~. env~ranrx;wnt~ar~ •:p~andir~cr - cr opportunities, principally.ror persons ar !ow and me - . ._ -. ~` ~ -.,~nor~ric ... . . Berate-incamE. ~ ~. County and Town will take a!I r equlred actions .necessary .,to comply, with the Urban Counts ,Cdrttficatipn ~r"eq~uired by Section ~~ g4 b o~ Title ~ - . - .. , .. ~ ~ - 1 of the Flous~ng and Commune Development-Act. of ~97~, as amended includin~ ~ 't ~ - . ~. g T~ Ie V1 of ~the~Civil ~ights.Act of ~9~4, tfie Fair Housing Act, section 199 of Tile l o ~ - fthe Housing and Commurnty Development Act of ~ 974 and other applicable laws. Coun shall not fun . tY d Town rf the Town does not affrlrratrvely further fair housing within its own 'urisdie#ion. affirmative! furthe 1 County and Town agree to Y r fair housing within County and Town, Town shall take na impede the County's actions to com l wi actions tv p y th County fair housing certification. . ~ 2. County and Town have adopted and are enforcin oli force b law e 9 P cY proh~bjt~ng the use of excessive y nforcement agencres v~thln !ts ~unsdic#inn a a~nst an individual non-violent civil ri his de ~ Y s engaged ~n . g monstratians,. and A policy of enforcing applicable State and lacallaws a ainst h icall or ext~ from a faciii 9 p Ys y bamng entrance to ty or location uuhich ~s the subject of such non-violent civil n his demonstrations within Its jurisd-ic#ion. 9 ~ 3. ~ The parties agree that a fully executed amendment ar a mendments to this Agreement shall be entered into as required or necessary to implement a detailed a nd formulated plan and program as contemplated hereunder or far the u se of cam 1 ' a reement receiv P ~° p.Y~ng with any grant 9 ed or the regulations Issued pursuant to the Act. Failure by either party to adept an Amendment to this A reement in ' than es necessa to 9 corporattn9 all 9 ry meet the requirements far cooperation Agreements set Earth in the Urban County Qualification Notice applicable for the ear in which the ne the U C ~ Y xt qual~fca~on of _ .r~~r~ ounty is scheduled sha1~ automatically terminate this A reement followin expenditure of all Corn ~ + .. - ~ ~ .. ~ ~.. .. ~ the munrty Development Block Grant and HOME funds allocated for use in the T`own`s jurisdlc#ion. ~ - ~4. Pursuant to 24 Clrl~ 5~p.5at ~b~, the Town is subject to the same re uireme t to subrec~ tents ` ~ q n s applicable p , rncludrng the requirement for a written Agreement set forth in ~4 CFR 5~0.5g3. ~~ ~, "~' ~N~ ' ~ ~~ ~~ ~ ~~ - .~~ -, - s r.-. -•~^ . .: r,ti P _. ..... ..... ... '•'^F'._`_+. T~.A ff ... ati ~^: ~_ .- - - •. .~~~•.... - ~•~..-^'.f ie- ~•: ~ -rl ~~ ~ r• .^- _ - Tr• -- -,• .. ...-~-~ =..._. ..._, .__ ... ._ .._ ... -~... . _ _. ~ .~ t 11 .. •- ~ _~~5.-•The C~ur~~y; a~~~~e •CDB~G -gfanf^recipient fa•r fh~'urban coiih~ 'has~~fui(~res ~or~sibli~ •for~#i7~••-":... ~ - . - - tY p fY execution of the community development program, for fallowing its Consolidated Plan, -and for meeting the requirements of other applicable laws ~e.g., National Environmental policy Act, Uniform Relocation Act, Fair Housing Act, Title Vl of the Civil Rights Act of ~ 9fi4, Sec. 504 of the Rehabilitation Act of X973, Sec. ~D9 of the Housing and Community Development Act of ~ 9?'4, the Americans with Disabilities Act of ~ 99a, and for affirmatively furthering fair housing}. County shall ae held accountable for the accomplishment of the . - • - : c~l~n l,u~~ libf• d~~~~~opm~n~• p~gr~,~n, fcr -;ollo~ng 1'~~e .Consaiic2ted• Fl~r~;• and far•~e~suriria . _ that actions necessary for such accomplishmen# are taken. by Town. • ~5. The parties acknowledge that A.R.S. § 38-5~ 9 :requires ,that notice_.of A.R;S. § 38-51.~ be . incCuded in •euery~con#ract• of a ~political.su•bdivision :of the .state Hof Ar~zoha and that •both .~. - -r' •• ~ parties r~nust~comply with all • applir bte •.prbvisions • of •Ari~ona~~Executive •arder 75-5, as amended by Executive Order 99-4 jrelating to non-discriminationJ. THIS SPACE INTENTIONALLY LEFT BLANK F .' '.,~ ~~ i~ ~ifi Q ' .~ .' 19 ..... .. _•~-.~-. ,. -r+~. .ter-~._.._ ., .. ... .~.. _~.. ... .._-..._ ~. ~. -.. .. ~...~.. ».~-. _.. .__. ~. ~.. - .. __, IN VvCTNES~ WNEREDF, the arties ~ . - : .. __ .... _-~ : .~__. _ .....::..~..-: p hereto have caused this Cooperative A reemenf to b executed the day of ~p~~ g e Pl~~i~A CCUt~ i ~' B~~!,t~,~7 Q; SUPERIIIS~RS Chair, Board of ~Supervisars JUN ~ ~~~~ ATTEST: :, Cle , Board of supervisors REVfEVVED BY: Dire ~ r, Comm~,nity Services De t.~ P F ~. ''~., V ~, ~. ~!' '~ ~...~ ~. ~'., ,.~ ~Y / "' ~~., Y "...y Q.,'i 'L . V ~.. ~. ~...~ Pursuant tv A.R.S. §~ ?-952, the undersigned, Pima Co~ntys legal counsel has determined that the above Agreement is in proper form and is within the powers and~authority granted under" the laws ol= the State of Arizona tv Pirna County, Paula Wilk Typed Name of Legal Counsel r Sigrrat~rt~ ~ Le~~l ~o~i~~~~i ~ C~~1N 4 F MA1~~1~,q .. f Mayor ATTEST: Cle ' Pursuant tv A,R.S, §~ ~-952, the undersigned, Town of Manna's legal Counsel has determined that the above agreement is in proper form and is within the powers and authori~r granted under the laws of the State of Arizona to the Tvwn of Marana. Frank ~'. - Cass~.d~ Typed Name of Legal Counsel ~~ ~~ ~~~ i F! i i ,~ r i s v a 3 I f _ ........._ , ........ _ . _ _ ...._ __ N o~ DEPU T Y couNT~r ATT~RNE~r .. INTERGOVERNMENTAL CO~FERATIVE AGREEMENT BE - . ... - . TwEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PRO AND HOME INVESTMEN ~ GRAM ., T PARTNERSHIP PROGRAM _ . F 1 am an Attamey at Law admitted to practice in the State of Arizona and a dul a ointed D County~Attome for the Coun of Pima Y pP eputy Y ty l have examined the ~lntergavernmental Cooperative Agreement between Pima Coun ty and the Town of Manna for the Community Development Block Grant Pro ram and Home Investment Partnershi Pro ram en ~ 9 p g tend into by and between the County of Pima and the Town of Marana, pursuant to Title l of the Housing and Community Develdpment Act of ~ 974, and l am of the opinion that the Agreement has been duly authorized by the Board of Supervisors of the Goun of . ~ tY Pima in accordance with State and local legal requirements. F' +~y. '" ~' V ~' ~... ~, ~~ ~. '~ ~r ~~: ~,., "' ~'~,r ~ ., ~.. l am further of the opinion that the names and provisions of the agreement are au#horized under state and local law and that Pima County is authorized to enter into this agreement ursuant to states .,. .._..__. _.. _ ._ ._. P rid focal~law. To the best ~of my knowledge, there is no pending or threatened liti anon affectin th ..• 9 g e ~mplemen#ation ~of the Cooperation Agreement or the ab~lrfiy of the County of Pima to .be the applicant for funding as' a Urban County under Title f of the Housin and Communi Devela merit A 9 tY p . ct of ~ 914, as amended. Deputy-Ceunt~ Attamey Civil Division r r~ EXHIBIT D PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY24D6-20D1 and FY2DDT-2DD8 CONTRACT # TOWN OF MARANA AFFORDABLE HGUSING AND HONEA HEIGHTS NEIGHBORHOOD PARK FfNANCIAL STATUS REPORT AND REQUEST FGR FUNDS FQR THE MONTH GF 20 REQUEST # Activity Budgeted Expenditures This Month Cumulative Ex enditures Balance Available Design plans FY 2006-2007 $ 48,648.73 Design plans FY 2007-2005 $121,351.27 Total Bud et $110,000.00 Funds requested this month $ . this Ilne must equal the GRAND TOTAL column for "EXPENDITURES THIS fVIONTH"~ I hereby certify that to the best of my knowledge, the date reported represents actual receipts and actual expenditures which have been incurred in accordance with the agreement for management and implementation CDBG Program and are based on official accounting records and supporting documents which will be m~i, tained by us for purposes of audit. ~~ ~t IEWED BY cx ~ ~~ I~ E ~ ~ w~ ~~ ya~ e C~ ~ ~ ~ ~ x ~ ~ a ~ ~ ~ Revised June 10, 2008 PREPARED BY TITLE PHONE NUMBER DATE 12 4 I 1 RES~LUTI4N N0. zoo o - 6 5 ~~ ~ ~ ~~~ w ~ `~ ~ a ~~ ya~ e C~ ~ i4 x C ~ Q~ ~~ RESOLUTION AUTHORIZING PIMA COUNTY TG ENTER [NTO AN INTERGOIIERNMENTALAGREEMENT IN THE AMOUNT OF $1lD,oDD.DD ~IIVITH THE TO~11vN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUN[TY DEVELOPMENT BLOCK GRANT PROGRAM FOR HONER HEIGHTS NEIGHBORHOOD DESIGN AND ENGINEERING PLANS. ~lIVHEREAS, Pima County submitted applications consisting of the Annual Action Plans 2DD6-2DD~ and ~DD7-20D8 to the U.S. Department of Housing and Urban Development ~"HUD"} for ADDS-2D07 and ~DD7-2DD8 Community Development Block Grant ~"CDBG"}funds; and UvHEREAS, HUD appraved Pima County's 2DD6-SOD?' and ~D07-2DD8 Annual Action Plans, and it is the desire of Pima County and the Town of Marana that the Town of Marana's allocation of the grant be implemented by the Town of Marana. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISQRS OF P[MA COUNTY that the accompanying Intergovernmental Agreement ~"Contract"} in the amount of $1 ~D,DDD.DO for the management and implementation ofthe CDBG Program Hvnea Heights Neighborhood Design and Engineering with the Tovun of Marana be approved; and BE IT FURTHER RESOLVED that the Chairman of the Baard of Supervisors is authorized to execute the Intergovernmental Agreement and any related documents necessary to implement the agreement. PASSED AND ADOPTED 4N THE 6th DAY OF APRIL, ~~~0. PIMA OU , A o P litic & Corp. h rman, Boar of Supervi or APR 0 6 2010 ATTEST Cl rk, Board. of Supervisors APPROVED AS TO FORM: D ty County Attorney MARANA RESOLUTION NO.2010-21 F V ~~ ~ifi Q RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF A CONTRACT (R016-10-35) WITH THE ARIZONA DEPARTMENT OF COMMERCE TO RECEIVE FUNDS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ARIZONA STATE ENERGY EFFICIENCY BLOCK GRANT PROGRAM TO ASSIST IN THE DEVELOPMENT OF A COMPREHENSIVE ENERGY EFFICIENCY AND CONSERVATION STRATEGY V~HEREAS, the Arizona Department of Commerce solicited Request for Information from Arizona jurisdictions meeting the guidelines for the Arizona Balance of State Energy Efficiency and Conservation Block Grant (ABS-EECBG} Program; and WHEREAS, the Town of Manna qualifies for funding under this program as anon-direct entities under the American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant program; and WHEREAS, the primary mission of the ABS-EECBG program is to assist, coordinate, and collaborate with local government entities implementing projects focused on increasing energy efficiency, reducing energy use, and reducing fossil fuel emissions; and WHEREAS, the Town of Manna wishes to develop a Comprehensive Energy Efficiency and Conservation Strategy, qualifies to receive a $171,429 funding allocation under the ABS- EECBGprogram, and completed the required Request for lanformation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Council approves the contract and authorizes the Tawn Manager execute the contract ~R01b-10-35}with the Arizona Department Commerce. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2~d day of March, ~o l o. ~11~~111 ~1~ ~ ~~~j ~~~ ~~ ~~ ~~ ~~0 ~o~ ! Mayor ~Honea ~ ~ s~ ~ r u-a ATTEST; ~Ir'~Rj~ !1~ ~~~ I~~~ ~~~~ lJI~~~ _ celyn ronson, Town Clerk APPROVED AS TO FORM: ,. ~ y/' / ff /~ t~1 r /~1~~ 1 i!'/ ~l~ ank Ca,~sidy, Town orney u~