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HomeMy WebLinkAboutResolution 2010-020 IGA with pima county for CDBG funding of honea heights engineering and designMARANA RESOLUTION N0.2010-20 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE MANAGEMENT AND IMPLEMENTATION OF COMMUNITY BLOCK GRANT PROGRAM FUNDING FOR HONEA HEIGHTS NEIGHBORHOOD DESIGN AND ENGINEERING PLANS WHEREAS, the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) for these purposes; and WHEREAS, Pima County has been awarded funding from the U.S. Department for Housing and Urban Development under the CDBG program for the 2009-2010 fiscal year; and WHEREAS, the Town of Marana was selected as asub-grantee through Pima County's proposal process and has requested that unspent funding be reprogrammed; and WHEREAS, this CDBG award will provide program funding for planning and engineering costs associated with the Honea Heights III project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is authorized to fully execute an intergovernmental agreement with Pima County for the use of CDBG funding for Town of Marana's Honea Heights III project. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2na day of March 2010. p~~eARP~ ! Mayor E Honea -. = s~ ATTEST: -.~...- Jocel .Bronson, Town Clerk APPROVED AS TO FORM: . CONTRACT • t AMENDMENT N0. This number must appear on all invoices, carreapOndence and INTERGOVERNMENTAL AGREEM ~ument5 pertaining to this between contract. Pima County and Town of Marana for Management and Implementation of the Community Development Bloclr Grant Program THIS Intergovernmental Agreement (IGA) is entered into by and between Pima County, a body politic and corporate of the State of Arizona (° COUNTY"} and Town of Marana, a municipality of fhe 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 pursuanttaA.R.S. § 11-951, etseq. B. COUNTY is authorized by A.R.S. §§ 11-254.04, 11-251 (5) and 11-251 (17) 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 I of the Housing and Community 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 all applicants to submit a proposal for each of their projects that they would like to be considered for funding. G. TOWN submitted a response to COUNTY. H. COUNTY submitted its 2006-2007 and 2007-2008 Annual Action Plans to the U.S. Department of Housing and Urban Development (HUD), which included the TOWN'S proposals. I. COUNTY has determined that the TOWN is qualified 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 in consideration of the matters and things hereinafter set forth, da mutually agree as follows: AGREEMENT 1. Purpose. This IGA establishes the rights and responsibilities of the Parties for the provision of CDBG funding for TOWN io design infrastructure for the Honea Heights Neighborhood Redevelopment area ("the project"). The project shall provide affordable housing to low-to- moderate income first-time homebuyers. The public area of the project shall include park improvements including but not limited to a playground, ramada, benches, landscaping and walking trails. 2. Scope. TOWN shall: A. Use the CDBG funds provided through this IGA in accordance with terms of: the 2006-2007 and 2007-2008 Annual Action Plans ("Plan") submitted by COUNTY to HUD for CDBG funding; the Certifications that were submitted concurrently with the Plan; and, with the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program contained in Exhibit C and fully incorporated herein. 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 Revised June 10, 2008 1 y 1 6. Drainage report 7. Soils report 8. Property survey D. Submit the design plans to the Community Development and Neighborhood Conservation Department {GONG) 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 Exhibit A. G. TOWN shall undertake the same obligations to the COUNTY, as the COUNTY does to HUD pursuant to said Plan and assurances. TOWN will hold COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any failure on the part of TOWN to fulfill any obligations to HUD. 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. Provide quarterly and annual program reports on the COUNTY'S web based reporting system at httga/www.gima.govlCED/Datalforrns,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 fhan the following dates for the preceding quarter: a) January 31 b) Apri130 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 fhan January 31 ~`, 2011. Warrant compliance with the Town's Certification contained in Exhibit B and 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. K. Employ suitable trained and skilled personnel to perform al! services under this IGA. t_. Be the legal entity responsible for operating and maintaining the projects to be developed. 3. 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. Budges: FY 2008-2007 FY 2007-2008 Design plans for the Honea Heights Neighborhood Redevelopment area $48,648.73 $129,351.27 B. The total amount of this IGA is $170.000.00, C. Payments: 1. Payments will not exceed the amount allocated far this project by HUD under the Community Development Block Grant Program administered by COUNTY. The following conditions shall apply: Revised June 10, 2006 2 ` 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 far expenses occurring in June must be submitted prior to July 7. d. All requests for payments shall be on the form set forth in Exhibit D. Each monthly request for payment shall include: 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, TOWN must submit evidence thatthe invoiced bill was paid by TOWN within (30} thirty calendar days. Future payments to TOWN may be withheld until this evidence of payment is received and approved by COUNTY. E. Payment by COUNTY will generally occur ten (10) 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 (60) 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 than July 6 for expenses incurred in June; ~t. Within sixty (60) days for expenses incurred in July through November; and 5. Na later than January 31, 2010 far 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 (30) days of receipt of the request from COUNTY; or, 2. Provide, for no additional reimbursement, additional units of IGA services during the following IGA term, if any. Such additional units of service must be provided in a number equal to the excess amount received by TOWN divided by the unit fee in effect at the time the excess funds were provided to TOWN. H. For the period or record retention required under section 19, COUNTY reserves the right to question any payment made under this Section and to require reimbursements therefore by setoff or otherwise for payments determined to be improper or contrary to the IGA or law. 4. Term. This 1GA shall be effective an January 1.2010 following execution by both parties. Except as othernise provided in this IGA, this IGA shat{ terminate on December 31.2010 unless saonerterminated orfurther extended pursuantto the provisions of this IGA. This IGA upon mutual consent of the parties may be extended for a period of time not to exceed two (2) additional one-year periods. Any modification or time extension of this IGA shall comply with the modifications provisions contained in Exhibit B. 5. Termination. A. COUNTY reserves the right to #erminate this IGA at any time and without cause by serving upon TOWN 30 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 {15) 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 shall 6e payment for services rendered prior to the date of termination to the extent that grant funds are available. Revised June 10, 2008 3 4C.~ Y'his IGA maybe 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. Nofwithstanding any ocher provision in this IGA, this IGA may be terminated if for any reason, there are not suffic'sent 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 na further obligation to TOWN, other than to pay for 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 (45) days, whichever is sooner, TOWN will be notified in writing that the IGA will be immediately terminated or that performance may be resumed. 6. 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 (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) ar property damage, but only to the extent that such claims which result in vicariouslderivative liability to the 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 caws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this IGA, and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County. 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 75-5, as amended by Executive Order 2009-D9, which is incorporated into this lGA by reference as if set forth in full herein. 10. ADA TOWN shall comply with all applicable provisions ofthe 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 3B and 36. If TOWN is carrying out a government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to Ehe same extent and degree chat would be required of COUNTY under 28 GFR Sections 35.13D, 35.133, 35.149 through 35.151, 35.160, 35.161, and 35.163. Failure to do so could result in the termination of this IGA. 11. 5everabiiity. If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. 12. Conflict of Interest. This IGA is subject to cancellation for conflict of interest pursuant to A.R.S_ § 38-511, the pertinent provisions ofwhich are incorporated herein by reference. 13. Non-Appropriation. 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 this IGA. In the event of such cancellation, GOUNTY shall have no further obligation to TOWN, other than for payment of services rendered prior to cancellation. Revised June 10, 2008 14. `Legal Authori~jr. 'Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 15. Worker's Compensation. Each party shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 16. 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 far any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 17. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended #o 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 differen# from the standard of care imposed by law. 1ti. Notice. Any notice required or permitted to be given under this 1GA 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`~ Floor Tucson, AZ. 85713 19. Record Retention. TOWN OF MARANA: Ed Honea Town Mayor 11555 West Civic Center Drive Marano, AZ 85653 A. TOWN shall keep and main#ain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded un this IGA, which shall be open at all reasonable times for inspection and audit by duly authorized representative of COUNTY. Such records shaA include, but are not limited to: t. Retards providing a full description of each activity taken; 2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; 3. Records required to determine the eligibility of activities; 4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; 5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; 6. Records documenting Environmental Review compliance; 7. Records documenting scope of worts, change orders, on-site inspection and sign-off on rehabilitation work, including final inspection; 8. Records of owner occupancy (property deed or land contract); 9. Records of disbursements made for completed and approved work; 10. Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and t t, Other records necessary to document compliance with Subpart K of 24 CFR Part 570. TOWN shall retain all financial records, supporting documents, statistical records, and all other records relating to this IGA for a period of four (4} years from the start of the retention period or until any related-pending proceeding or litigation has been closed, whichever date is later. The retention period starts from the dale of submission of the COUNTY'S annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. TOWN must comply with Section 570.506 "Records to be Main#ained" of the Community Development Block Grant Program -Entitlement Grant Regulations. Revised June 10, 2D08 20. 'Puta9ic Information A. Pursuant to A.R.S. § 39-121 et seq., and A.R.S. § 34603(G) 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 supporting data becomes public information and upon request, is subject to release and/or review by the general public including competitors. B. Any records submitted in response to this solicitation that respondent believes constitute proprietary, trade secret or otherwise confidential information must be appropriately and prominently marked as CONFIDENTIAL by respondent prior to the close of the solicitation. C. Notwithstanding the above provisions, in the event records marked CONFIDENTIAL are requested for 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 for release shall not be counted in the time calculation. Respondent shall be notified of any request for such release on the same day of the request for public release or as soon thereafter as practicable. D. COUNTY shall not, under any circumstances, be responsible far securing a protective order or other relief enjoining the release of retards marked CONFIDENTIAL, nor shall COUNTY be in any way financially responsible for any casts associated with securing such an order. 21. Entire Agreement. This document constitutes the entire 1GA between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties. !n ~fness Whereof, COUNTY has caused this Intergovemmental 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 th~fOhayor upon resolyt~ of the Mayor and Council and attested to by: PIMA of Supervisors ATTEST Clerk of the Board Dale: AP OVED AS TO CONT T . ~~ Community a elopment and Neighborhood TOWN OF MARAN Mayor Date: ~ '^ L~ ~ ~ ATTEST own Clerk ~ J /G ate: Conservation Director The foregoing Intergovemmental Agreement between Pima County and the Town of Marano 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 Intergovemmental Agreement represented by the undersigned. PIMA COUNTY County Attorney Date: 2- S - td T W OF MARANA ttorn Date: Revised June 10, 2006 EXHIBIT A SPECIAL AGENCY CONDITIONS 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 modifcations is at the sole discretion of County. 3) Major modifcations shalt be by written amendment 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 for 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 that 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 Developmen# and Neighborhood Conservation Department or authorized representaiive to be effective. Minor modifications 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 OMB Circular No. A-122, "Cost Principals for Non-Profit Organizations" (if Town is anon-profit corporation), OMB 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: 1) County shall manitorall activities and information sources in the management, fiscal, and service systems of TOWN and any subcontracted parties, relating to performance of duties and obligations under this IGA, to assure that Town is maintaining adequate and acceptable progress and systems, and to ensure that the funds provided to Town by County are being used effectively and efficiently to accomplish the purposes far 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 TOWN within a reasonable period of time after being notifted 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. D. 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, 20D8 ,2) ~ Town shall comply with Section 570.504 "Program Income", and Section 570.503 "Agreements with Subrecipients" of the Community Development Block Grant Program Entitlement Grant Regulations. 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 sen-ices funded under this IGA shalt clearty 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 !GA services or IGA expenditures without priorwritten 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 temporary waiver of this policy where relative employment situation already exists at the time of execution of this IGA. G. Audit Requirements: 1) TOWN 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 aprogram-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. d) Assure that any audit conducted pursuant to this IGA is performed by an independent certified public accountant and submitted to County within six (8) 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. t) Timely submit the required or requested audit(s) to: Renee Poquette, Financial Officer Community Services, Employment ~ Training Dept. 2797 E. Ajo Way, 3`~ Floor Tucson, AZ 85713 2) If TOWN is a "nonprofit corporation" that meets the definition of "corporation" in A.R.S. §10-3140, TOWN shall comply with the applicable audit requirements set forth in A.R.S. § 11-824. Revised June 10, 2008 3}' TbWN is receiving federal funds under this IGA, and TOWN is a state or local government 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 Revised June 10, 20D8 g EXHIBIT B TOWN'S CERTIFICATION TOWN 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 Govemments" (if Agency is local government}. 4) Title VI of the Civil Rights Act of 1964. 5) Section 109 of the Housing and Community Development Act of 1974. 6) Executive Order 11246 -Equal Employment Opportunity. 7) Section 3 of the Housing and Urban Development Act of 1968. 8) Flood Disaster Protection Act of 1973. 9) National Environment Policy Act of 1969. Section 106 of the National Historic Preservation Act of 1966, Executive Order 11593. 10) Federal Labor Standards Provisions. 11) OMB Circular A-133, "Audits of States and Local Govemments and Non-Profit Organizations". 12} OMB Circular A-122, "Cost Principals for Non-Profit Organizations" (if agency is non-profit organization). 13) OMB Circular A-110and A-87. 14) A-21, "Cost Principals far 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} 570.503(b)(6) Prohibition Against Religious Activities. 18) 570.503(b)(8) Reversion of Assets k Revised June 10, 20D8 10 BXHIBIT C Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program See attached: Resolution No. 2004-130 Resolution No. 2DD4-3D IGA No. 01-39-M-134204-D7D4 Revised June 10, 2008 ~ 1 _ n _ ~r t: " - ~P~i ~t f~ mot. _ ~ ~ ; ~ ' 'r ~ -- - - - ~-- ' DSPU1'Y='T2E:CQP.DER':-.:_:._°- k~' ~~ ~~ NO OF ~~'GES - '8 -- - _ -.•-., - Y4~.i ~ FEs ~'' ~+~~ SE¢IIENCE;.. _200~I490518 .._. .. - - - - .. _ .. ._ - ~ pozaa ..-- -~~_~ - ., .:._~ ~...... ~.~. _ ..- ..: µ ~ .~ ~= - - - _a6/oz/zoaa..... . . PLT~ CO CLERK OF Thy' SOF_~?* .q~TLUt'~• RES -Z5.4S PICKUP PICKUP F.MOGIr'C P n ID $ 0. 0 0 RESOLU T lON NO. 20Q4- 130 _ -i"c~vvl:.Uilt?' N CJ~ir-Th'E:`Rt]ARU aF:SUPI"t{V1SOP•5~ C~E~PiMA-COUNTY, ARIZOEVA"AUTHORIZING y EXECUTION OF AN fNTERGOVERNMENTAL COOPERATIVE AGREEMENTBETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLDCK GRANT PROGRAM AHD HOME INVESTMENT PARTNERSHIP-PROGRAM. ~ _ ~_ . - •= WHEREAS, Coen#y and Towr~~ rnay:contracf~fo~ services and enter inta~agreemerits with "orte anotherfor join# or cooperative action pursuant do A.R.S. § 11-95~, et seq.; and '`- - WHEREAS, it is necessary to enter into an In#ergovernmentai Cooperative Agreement in order to mee# the requirements of the Housing and Gommunity Development Act of 1974 and subsequent amendments; and ~ - - WHEREAS, County and Town desire to engage in housing and community-developmen# activities as authorized under the Housing and Community Development Act of 9974 and subsequent arnencfinen#s; and WHEREAS, County and Town do hereby find and determine that it is in the best in#erest of the ' residents of the unincorporated areas of the County and of the Town o€ Marano that housing and comrriurtity development activities be -performed--jointly in accordance with the provisions ~af this Agreement and that the U.S. Department of Housing and Ur#~an Development (HUD} recarrimencis that - expenditures of funds for each purpose be on an Urban County basis; and ~, ~ the parties hereto for the County to administer WHEREAS, it is riiutually beneficial to each of and execute the provisions of the Agreement in accordance with the terrYts and conditions hereinafter provided and subject to local ordinance and State and Federal law; nQw, therefore - BE 1T RESOLVED BY THE BOARD OF SUPERI>'1SORS OF PIMA COUNTY, ARIZONA, as €ollows: 1. The Intergoverrtment~l'Cooperative Agreement between Pima County and the Town of - = ii _ . I~Rar_artafac.tbe~munif3r.D~eEapment.Bloc[~-P-ragrarr~ and k~orra~ tnyestmer~~t~te~ip ~ ._: '~' i Program is herby approved; and '. • ~ • ~ ~ 2. The Chair of the Board of Supervisors is hereby instruc#ed and authorized to sign the _ ~ Intergovernmental Cooperative Agreement for the Pima County Board of Supervisors. - ~~ ~ F~~SED AND ADOPTED ON THIS 1st DAY OF .TUt~T~; , 2004 c~ • .• - - E ~ ., - :_ . P/I~ COUNTY, A Body Politic & Corp ATTEST_.,~ _':•_~•.. ~ " ~y.~4 ~ F1 _ . . ` '~ ~ l ~~~ Y+ ~~~ Ci , Board, of Supervisors `11 II S~~~ 1 2084' Cleric of the pBga)r)d- ~ ~: ~ - cif ' I OVED AS TO FORM: ~ ~~ ' - : ,%•~ r- , County Attorney _ ~~"~gll~a~ ~. O~ 4 ~ . ~ . EX~BIT A ! ~"1 ~ Q : ~ ~ ~, -._ .._ -- ------~-~ ---- r - - - -- .__ --~ _ --- _ - ~ ~ - - _.._-'r'te-~....-~ CkwRTkFiE<k3-._= =. y ~_ ~ • - `ti~~ - •- ~ --- -~ ~~: q ' knak - ----- --- ----- - ~ ~ ~Y Ceuacfk_._~~ -- _ l~iL~TA ~Sfli~UTI~~ t IYfl_ 2~~~-3~~~ RELATING T4 HOUSING;. AUTHOR.TZb~TG THE TOWN' OF MA.RANA; ARIZONA, TO - _ ENTER IlY7'0 AN INTHRG0VERN11dlrNTAL AGREEMENT WITH PID~IA ~C0LTl~I1'Y ~FQR ,~ ~ - THE COMMUNITY,DEVELOPMENT BLOCK GRA?~I`I' {CDBG) PROGRAM AND,HOME~= 3NV~T1VfEN`I'PARTNER,SHiP~PROCx1ZAM. : - ... ~ . ' : ~ . - . - h WHEREAS, the County and Town may conhact for services and enter into agreements - with one another for joint or cooperative action pursuant to A.R.S. -~ ~lj-95~; et seq.; and WHEREAS, it is necessary to enter iota arx intergo~+ernme~Ztal ageement in order to meet the-requirements oftlicHousirzg-and Community Developrx~ent Act of 1-974-and subsequent amendments; and - ... - . ~ ~ ~ ~ ~ ~ ~. ~~ '~ ~ ,-~~`, ~ ;~ ~ ~~ ~s ~ ~, .~ ~ ~ ~~ ~ - ~: - WHEREAS, the County and Town desire to engage in housing and community _ , ... development activities as authorized under the Housing aad Com,7ii r»ity Development Act of 1974 and-s~rbsequcnt amcndmEents;'and .. - . WHEREAS, the County and Town do hereby find aad determhie that it is in the best interest of the residents of tJie unincorporated areas of the County and Qf the Town. of Marana • that housimg and community development activities be performed jointly m accordance with the provisions ofthis Agreement and that the U.S_ I1~artment ofHo~ising and•Urbag Development (HUA) recommends that exgendi#ures offends for eachpurpose be on an Urban County basis; . and • - ~ ~ - WITEREAS, it is mi~tuall~r beneficial to_each of the paxties hereto for the County to - ~~minister'azrd execute the provisions of~he intergavemmental agreement in accordance with the - terms and conditiotis~liereinaf~erpravidcd and subject tQ local ordinance and State and Federal law. ~ ~ ' - ;. NOW, THEREFORE, BE ITRESOLVED BY THE IvIAYOR AND COUNCIL. OF TfIE TOWN OF lV1ARANA, AS FOLLOWS: ~ ~ - SECTION I . The intergovernmental government between tb:e Town ofMarana and Pitxza Caunty attached td and iztcozporated by this reference in this resolution as Exlybit A is hereby authorized and approved - ~~ ~~ ?i$ ~3~ i } ~-, .. .... _--.:..,: ---'~-- -.. - .-. - --'rte -~ - i ~" " ~ ."~~~"" SECTION 2.- Th:, Mayor is hereby authorized to execute said Exhibit A and file Town i Clerk is hereby authorized to attest thereto for and an behalf of the Taw1r ofMarana. SECTION 3. The To•vvrY Manager, Tavvn Attoiney and other To~n1" staff are hereby - autbori?ed to ~1dec sake aIi other tasks rzquired to carry ont the terms, obli~atzons, and object?v4s of said Exhibit A. P_~SED, _fi1lQPT~T}, and API'RO VED by- file ll~fayor n1,d Councit of the Tat_vn of Marana, Arizona, this 16th day of lVlareh, 2004, _ " _ - , . :Mayor ,~ • . •Su oi~, Tr. - ~. _ ;~. >~ 'i ~. {~ ~~ ~ i~u ~ ~~ I ~ ~~ ~-- sw f p ! £~ ~ ~" .~ ~: ~ ~.. t,~ .~~ ~ :~ ~ ~--" .,. ATTEST: - Joeel G:Bronsun, Tow1i G~erk APPRO~ED AS ~ FO~v1: FC/cds ~- H:1Frasi~12004Q3161Comncit MtgIPC CDBG Acsv " - 1~ " ~~ i . ~ - v ~- ..-~ _...,,...,~ t .. -.__ - - ~- lntergavernmental Coopera6~eAgree ~umer,is ~;:~rlai ~ I~ ~thiz j b h'``r2 ~:- between -- --- ------- Pima County and Town of Marano for the Community Development Block Grant Program _ and ... -- - .._ !';iaft~~E~;~~iVPaCi~~7c:i~ YGriilEf4iit~j'7-~riC~ra`ii7: This lntergovemmental Cooperative Agreement made and entered into this ~ day of 2x304; by and between th_e County of Pima, a body politic and. corporate of the State of Arizona, hereinafter referred to as "County," and the Town of Marano, a muniapaf corporation of the State of Arizona, located within the boundaries-of the County of Pima, hereinafter referred to as'Town." RECITALS ~~ ~~ ~' ~ ems. Q :~ ~ ~ .'~:_ ~ ~ ~ ; cr', ~ .® ~a ~ ~ ~in ~ A. VLrHEREAS County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A-R.S. § 1'1-951, et seq. B. WHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act_ of 1974 and' subsequent amendments. C. WHEREAS County and Tawn are individually authorized by_ law to engage_ in housing and community development activities. D. WHEREAS County and Town da hereby find and determine that it is in the best interest of the residents of the unincorporated areas of the County and the Town that housing and community development activities be performed jointly in accordance with the provisions of this Agreement and #hat the U.S. Department of Housing and Urban Development recommends that expenditures of funds for such purpose be an an Urban County basis. E. WHEREAS it is mutually beneficial to each of the parties hereto for County to administer and execute t_he provisions of this A_.greement and the-grovisions_of the Agreement for.Management and lmplementatian of the CDI~G Program and HOME Program Agreements entered info by the parties, which Agreements are hereby incorporated by reference as if fully set forth herein, in accordance with the terms and conditions hereinafter provided and subject to~loca! ordinance and State and Federal law. - NOW, THEREi=OI~E, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set fiorth, do mutually agrees as foi[ows: - 1. Pima County, as an Urban County, is hereby designs#ed as the sponsoring agency to administer and implement the plan and program for housing and community development - activities for each of the participating parties to this Agreement in accordance with fhe• provesions of the Housing and Communi#y Aeveiop3nent Act of 1974 and subsequent - amendments, the laws of the State of Arizona, -and the Perms and conditions provided -herein. 1n this respect, the Tawn agrees that the County is hereby delegated the power to plan and undertake cQr~.u~ity.devel~tpmsr~t~t~j.~t~ W~fJ1in It~,~uris~Lc~on artd will have. - ,. ~! ~~ 7~ - ~ the final responsibility for selecting all CDBG grid HOME projects iriaccordance with the -`~ -~.- approved Community Development and Housing CansoFidated Plan pursuant to 24 CFR Part 9i . 2. It is understood and agreed thGt the County as the Grantee is to take the final responsibility and tc assume all the obligations of applicant for assistance under the provivions of said Ho~;sing and Comrnunii`j Development Act of 1974 and subsequent - - - ~ - crne't7dlr;eni , ui2 iehr ----yc?F ~.:%'CCoTiGl~S ~S rc~G~rC~a ,'^.sj` iitiD, crxbjc t~ t0..€~arrg^e _iri.. . ~ . - iegislatior, or t-egula#ions and the Consolidated Plan. ~ ~ - 3. The County and Town agree to coopera#e to undertake, or assist in undertaEcing, community renewal and lawer income housing assistance actirri#ies; specifrally~_~urban renewal and publicly assisted housing. - - - . 4. The County and Town do not have the power to veto or otherwise restrict or withhold the support given by the County or the Town to the activities proposed in the Consolidated PEan 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 be expended within all or any portion _ _ - -- - af the area served by the member entities who qualify dndef the ~~=ovisions of-said- Act_ 5. Et is understood that in order to qualify for funds under the Housing and Community Development Act of 1974 and subsequent amendments, i# is necessary that a Consolidated Plan be submitted to and approved by the United States Department of Housing and Urban Development- All parties hereto agree to abide by the terms and conditions of an approved Consolidated Pian for- housing and- community development activities as submitted to the Department of Housing and Urban Development_ - Upon executing the Agreement the Town agrees no# to apply for CDBG funds from the S State of Arizona Small Cities Program, and may not participate in a HOME consortium except through the Urban County during the period iri which it is participating in the Urban Count}~s CDBG Program. Nothing herein_shall be construed as limiting in any manner the powers of any of the respective parties to initiate and complete a Iota[ project within their respective jurisdiction with their awn funds_ ~ 6. The . tst . da of Ju 2004 ,shat! 6e the effective date of A reement, which shall remain ~ a Program funding for rs. This Agreement covers CDBG and HOME in farce fvr three ye ~, I Federal Fscal years 2005, 2406, and 2007. This Agreerrten# may be amended to exkend ~ -~ ~ the term of Agreement in orcler to complete activities funded but no# completed, or to expend program income received during the three years covered by this Agreement ~ ~. ~ 7. The Town and the County recognize #ha# the County shall be the gavemmentai entity ~_ ~ required to execute any grant agreement received p~rsuan# to Consolidated Plan, and that the .Gounty shall thereby become resparisible thereunder for the proper performance of - The Town agrees that it shall fu![y cooperate with the-County in alt the plan and program. ~ ~ ~ . ~ + • efforts -hereunder and tha# they will assist in doing any and all things required or 1$ the Count ent received b t f y y agreetra any gran appropriate #o comps with the provisions o ~ „~ i pursuant to the Ac;t and its regulations. 8. All records of the County ~or Town related to this Consofidated Plan and any projects ~ -.undertaken pursuant thereto sf~all upon reasonable notice, be available for inspec#ion by - ~ ~ HUD, County, and/ar Town auditors, during normal business hours. - ~ ~,~ 1 - Ler - E? F.~.: -0d ~ I C,5 I - ~,? ' . -- - - - __=_W.~_-_.~.~-__._____ _. ~' ~ g- ~ This Intergovernmental Cooperative Agreement shall be binding~~rpgn the partie~'herito,~~ =~ their successors and assignees. Any assignment of Agreement shah be void without the . consent of the other party. ~ . # D. Pursuant to the primary objective of Tltfa f of the Housing and Community Development Act of 1974, the parties hereby agree to direct their Community Development Block Crant and HO~IE Program resources Toward the development of viable urban communities, by ---~- _~- -- .--prvu~ding~.~cece;~t;--nozrsirgar~d~.-a s~.7rs-aelE-]i`~irg-_envir~rrrx;Vnt:and-_e ~ ndino:~~r~©crie...... ~~ opportunities; principally.forpcrsons of low and moderatE-incomE. ~ ' ~~ . ~ ~~ ~~ E "' ~ ~ ~. ~ •~ e~ ~ ~ ~ ~~ _ ~ ~ r~, .a ~r :~.: ~ 11_ County and Town will take all required. actions,necessary,:ta comply, with the Urban Gor~n[y`s Cert~cation ~equlred by_Section ~'104(b) of File 1 of the Hou`si~ig and Comm. unity _ Development Act. of'1974, as amended,, inciuding'Tifle`1II_ of the Civi[~RigFi#s Act of 19fi4, the Fair Housing Act, section 109 of Titie. l of the Housing and Community Development _ Act of 1974 and other applicable laws. County shall not fund Town If the Town does not affim-rativeiy further fair housing within its awn jurisdiction. County and Town agree to affirmatively further fair housing within County and Town. Town shall take no actions to impede the County's actions to comply with County fair housing certification. . 12. County and Town have adopted-and are enforcing_policy_prahbiting the use.af.excessive -force 6y law enforcement agencies within its jurisdiction agains# any individuals engaged in non-violent civil rights demanstrations;.and A policy of enforcing applicable State and' local laws against physically barring en#rance -to or exr~ from a facility or location which is the subject of such non-violent rivi! rights demonstrations within its jurisdiction. 13. ~ The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as requined or necessary to implement a detailed and formulated plan - ~ and program as contemplated. hereunder or for the purpose of complying with any grant agreement received or ~e regufa#ions issued pursuant to the Act. Failure by either party to adopt an Amendment to this Agreement Incorporating al! - changes necessary to meet the requirements for cooperation Agreemenfs set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of tb~ U~bara Gotrnty is scheduled shall au#omatically terminate this Agreement fallowing the ~ ~ expenditure of all Community Development Black Grant and HOME funds allocated for use In the Town`s jurlsdietion. 14. Pursuant to 24 CFR 570.50i(bj, the Town is subject to the same requirements applicable to subrecipients, including the requirement for a written Agreement set forth in 24 GFR ~ 570.03. ,~ 4 19 ~$ ~, -- -~ ~,--- - - - "1~.-The Cou~tjr,~as-tl-~e CDgG-giarif recipient far the'iarbaii~coii+ity'tias"fill[ i=e5p'orisif~ility"for'the-''~-~~~ - - execution of the community development program, for following its Consalidafed Pian, and for.rrieeting fhe requirements of other applicable laws te_g., National Erivironmerital Policy Act, [Jniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec_ 504 of the Rehabilitation Act Gf 19T3, Sec. 109 ~of the Housing and CGmmunity Development Act of 194, the Americans with bisabifities Act of 1990, and for affirmatively furthering fair housing). County shall be held accountable for the accomplishment of fhe . ._ .;. - =GOmriiL„4:j devefOprrtent progr2m, fGf -following fne .COnsofi~ated. Picri;~.ar:d .far'ersuring ._ that acfions necessary for such accomplishment are talceti by Town. 16. The parties acknowledge that A.R.S. ~ 38-5i 1..regaires.that riafic_ e.of A.R:S._.§ 38-51.~,_be Fnclgded in every cantract~ Gf a .~olitical:suhdivisionof the,State pf Anzona and-.that"bath parties inust-corripfy with aA applicable :provisions of Arizona ExecutiveOrder 75-5, as amended by Executive Order 99-4 [relating tG non-discrimination]. TH[S SPACE INTENTIONALLY LEFT BLANK ~.~ ~ ~ ~~ ~~ ~~ ~ ~- ~~_ ~y ._ •~..~ ~ kTi 1 ~~ ~i y, ~e PIAi1A COUiYY aOAr;D O,C SU?ERVlSORS Chair, Board of~Supervisors ~~~ ~ 20Q~ ATTEST: .; Ci , Beard of ~u~eivisors REVIEWED BY: Dire ~ ~r, Community Services Dept, ~ Pursuant to A_RS. §11-952, the undersigned, ,.~, ~ Pima County's legal counsel has determined ~ that the above Agreement is in proper farm ~ ~ and is within the powers and-authority granted ~- ~ under fhe Paws of the State of Arizona fo Pima County. tom. i ~- ~ Paula Wilk ~ ~ Typed Name of Legal Counsel ~ ea ~s ~ ~~ ~ ~ ~ ~1grFetar~ Sf Le~CC~n~t ~ c~a I~ ~ ~ ~ ~~ ~ j '~ ~ 1 ~, ~ ~ T~?C/~1N OF MARANA Mayor ~ ~ :. ATTi=ST: - t~~L/ Cie ~ . Pursuant to A.R.S. §1 i-952, the undersigned, Town of Marana's legal Counsel has determined that the above agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Town of Marana. - . ig dire b aI uns - ~ - - ' ~`~ 1 ~~ I~ Frank ..Cassidy Typed Name of Legal Counsel OPINION OF DEPUTY COUNTY ATTORNEY - INTERGOVERNMENTAL COOPERATNE AGREEMENT BETWEEN PIMA COUNTY AND THE ~ TOWN OF M,4RANA FOR THE COMMUNITY DEVELOPMENfi BLOCK GRANT PROGRAM j AND HOME_ !INVESTMENT. PARTNERSHIP PROGf~AM - _ I am an At#omey at Law admitted to practice in the State of Arizona and a duty appointed Deputy County Attorney for the County ofi Pima. - ~' - ~ ~ ~ :~ ~~ c~ ces ~~ ~: ~~ ice, ~5 ~~ £"° (~ ~ ~ ~t~} `~ P_ .~ :€~ .~ L.a ~~ '" k~ I have examined the Intergovernmental Cooperative Agreement between Pima County and the Town of Marano for the Community Development Block Grant Pr9gram and Home Investment Partnership Pi'ognam entered-into-by and-between the County of Pima and the Town of IUI'arana, pursuant to Title ! of the Housing •and Community Development Act of 1974, and I am of the opinion that the Agreement has been duly a~rthorized by the Board of Supervisors of the County of Pima in accordance with State and local legal requirerreents. I am further of the opinion that the names and provisions afi the agreement are authorized under state and Inca! law and that Pima County is authorized to enter into this agreement pursuant to state-a~idlocal1aw. - - • - - ----~--- -~--- - - - -- -- - - - -~ - Ta the best of my knowledge, there is na pending or threatened litigation affecting the implementation •ot the Cooperation Agreement or the ability of the County of Pima to be the applignt for funding as a Urban County under Title I of the Housing and Community Development Act of 1974, as amended. ' ~. - ~7ep~x€~Ec~ur~ty-AttQr-ney Civil Division - 4 A ~ t EXHIBIT D PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2006-2007 and FY2007-2008 CONTRACT # TOWN OF MARANA AFFORDABLE HOUSING AND HONEA HEIGHTS NEIGHBORHOOD PARK FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS FOR THE MONTH OF 20 REQUEST # Activity Budgeted Expenditures This Month Cumulative Ex enditures Balance Available Design plans FY 2006-2007 $ 48,648.73 Design plans FY 2007-2008 $121,351.27 Total Bud et $170,000.00 Funds requested this month $ . (this line must equal the GRAND TOTAL column for "EXPENDITURES THIS MONTH") 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 of the CDBG Program and are based on official accounting records and supporting documents which will be maintained by us for purposes of audit. REVIEWED BY TITLE DATE PREPARED BY TITLE PHONE NUMBER DATE Revised June 10, 2008 12 ~, RESOLUTION NO. 2010 - b 5 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 AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR HONEA HEIGHTS NEIGHBORHOOD DESIGN AND ENGINEERING PLANS. WHEREAS, Pima County submitted applications consisting of the Annual Action Plans 2006-2007 and 2007-2008 to the U.S. Department of Housing and Urban Development ("HUD") for 2006-2007 and 2007-2008 Community Development Block Grant ("CDBG"} funds; and WHEREAS, HUD approved Pima County's 2006-2007 and 2007-2008 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 SUPERVISORS OF PIMA COUNTY that the accompanying Intergovernmental Agreement ("Contract") in the amount of $170,OOD.00 far the management and implementation of the CDBG Program Honea Heights Neighborhood Design and Engineering with the Town of Marana be approved; and BE IT FURTHER RESOLVED that the Chairman of the Board of Supervisors is authorized to execute the Intergovernmental Agreement and any related documents necessary to implement the agreement. PASSED AND ADOPTED ON THE Gbh DAY OF APRIL, 2010. PIMA OU B Politic & Corp. l I~;~a~, ~Oi d of Supe iso s APPROVED AS TO FORM: ATTEST Cler ,Board of Supervisors De ~ County Attorney