HomeMy WebLinkAboutResolution 2010-104 IGA with pima county for 2010-2011 CDBGMARANA RESOLUTION N0.2010-104
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING
FULL EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA
COUNTY FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2010-2011
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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 2010-2011 fiscal year; and
WHEREAS the Town of Marana has been selected as asub-grantee through Pima
County's proposal process; and
WHEREAS this CDBG award will provide program funding for administrative services
and owner-occupied housing rehabilitation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Mayor is authorized and directed to fully execute an
intergovernmental agreement with Pima County for the use of CDBG funding for Town of
Marana programs.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3~ day of November, 2010.
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r`,`~~~pFm~n° ~I~~s Mayor . d Honea
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ATTEST: ~ ~~~'~wuu--~~~`°° a APPROVE AS TO FORM:
ocel .Bronson, Town Clerk
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{00023631.DOC /}
RESOLUTION NO. 2011 — 3 t
RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN j
INTERGOVERNMENTAL AGREEMENT IN THE AMOUNT OF $115,000.00
WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THAT INCLUDES
ADMINISTRATION AND HOUSING REHABILITATION.
WHEREAS, Pima County (COUNTY) and the Town of Marana (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.;
and
WHEREAS, TOWN is authorized by A.R.S § 9- 5200.11 to expend public monies for and in connection
with economic development activities; and
WHEREAS, 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; and
WHEREAS, COUNTY and TOWN are authorized by A.R.S. § 36 -1403 to exercise certain powers relating
to housing projects; and
WHEREAS, COUNTY applied for and received Community Development Block Grant (CDBG) funds in
the amount of $2,860,697.00 from the U.S. Department of Housing and Urban Development (HUD) under
Title 1 of the Housing and Community Development Act of 1974, as amended Public Law 93 -383; and
WHEREAS, TOWN submitted a response to COUNTY's solicitation number CDNC-12-7-09- CDBG -ESG-
OA for CDBG funds to continue the management and implementation of the Community Development
Block Grant Program; and
WHEREAS, COUNTY submitted its 2010 -2011 Annual Action Plan to HUD which included TOWN's
proposal; and
WHEREAS, COUNTY finds that it is appropriate to provide CDBG funds to carry out the program outlined
in TOWN's proposal.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY that the
accompanying Intergovernmental Agreement (IGA) with the Town of Marana in the amount of
$115,000.00 for the management and implementation of the CDBG Program, including Administration
and Housing Rehabilitation, 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 A OPTED ON W
PIMA C U ATTEST:
C i an, Board of Supervisors Lor' odoshian, Clerk of the Board
JAN 04 2011
APPROVED AS TO FORM:
Ka n . Friar, Deputy County Attorney
CONTRACT
NO, Q1
AMENDMENT N0,
This number must appear on all
Invoices, correspondence and ,
documents pertaining to this rr
contract.
INTERGOVERNMENTAL AGRE
between
Pima County and Town of Marana
for
Management and Implementation of the Community Development Block Grant Program
THIS Intergovernmental Agreement (IGA) is entered into by and between Pima County, a body politic and corporate of the State of
Arizona (" COUNTY") and Town of Marana, 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, etseq;
B. TOWN is authorized by A.R.S. §9- 500.11 to expend public monies for and in connection with economic development activities;
C. COUNTY is authorized by A.R.S. §§ 11-264.04,11-251 (5) and 11 -251 (17) to spend public monies to improve and enhance the
economic welfare and health of the inhabitants of the COUNTY;
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 Community Development Block Grant CCDBG") funds in the amount of $2,860,697.00 from the
U.S. Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of
1974, as amended (Public Law 93 -383);
F. COUNTY sought proposals from local agencies for Federal Year 2010 -2011 for programs that would qualify for CDBG funds under
solicitation number CDNC- 12- 7- 09- CDBG- ESG -OA;
G. TOWN submitted a response to this COUNTY solicitation;
H. COUNTY has determined that the TOWN is qualified to provide the services proposed in its response to solicitation number CDNC-
12-7-09- CDBG- ESG -OA;
I. TOWN'S program was determined to be in the best interests of the residents of Pima County;
J. The 2010 -2011 Annual Action Plan COUNTY submitted to HUD to obtain CDBG funds, included TOWN'S proposal;
K. 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, do
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 to carry out the
specific activities described in the Project Summary attached as Exhibit A.
2. Scope. In donsideration for the CDOG funds received. TOWN shall:
A. Perform in accordance with the Project Summary Exhibit A set forth in this IGA. The work under this must be performed to s
the satisfaction of the COUNTY.
B. Comply with the Special Agency Conditions set forth in Exhibit B.
Revised June 10, 2008 1
C. Use CDBG funds in accordance with terms of:
1. The 2010 -2011 Annual Action Plan CPlan ") submitted by COUNTY to HUD for CDBG funding;
2. The Certifications that were submitted concurrently with the Plan; and,
3. 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 D and
fully Incorporated herein.
D. Undertake the same obligations to COUNTY, as 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.
E. 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 out pursuant to this EGA will meet and benefit low- and moderate -
income persons.
F. Provide quarterly and annual program reports on COUNTY'S web based reporting system at
http:/ Avww .pima.govMED /Datafforms.htmi 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 quarter.
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; whetherthe family isfemale-
headed household; services provided; and, whether anyone in the family is elderly or handicapped; and
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; and, an output and outcome report. The output report shall include
affordable housing, housing rehabilitation and public facilities improvements. The outcome report shall include
improved affordable housing services; improved housing conditions related to repairs, modifications, or
weatherization to increase safety, suitability, or livability of the housing units, and increased access to a public
facility due to its expansion or creation of new services.
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 2012.
G. Warrant compliance with the TOWN'S Certification contained in Exhibit C and 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 D.
H. Employ suitable trained and skilled personnel to perform all services under this IGA.
1. Be the legal entity responsible for operating and maintaining the projects to be developed as described in Project Summary
Exhibit A.
3. Financing. This is a cost reimbursement IGA. In consideration of the services specified in this IGA, COUNTY agrees to reimburse
TOWN in an amount not to exceed $115,000.00.
A. Budget:
Administration $25,000.00
Housing Rehabilitation $90,000.00
B. The total amount of this IGA is $115,000.00.
Revised June 10, 2008 2
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:
a. All of TOWN'S drawdowns for the payment of eligible expenses shall be made against the line item budget
specified Paragraph A above. Expenses for general administration shall also be paid against the line item budget
specified 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.
i
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 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 E. Each monthly request for payment shall
include:
L A monthly payroll journal that documents TOWN'S expenses for salaries and benefits associated with
this IGA and distinguish different funding sources.
ii. Copies of all receipts and checks (front and back) and general ledger to support all purchased goods or
services.
2. TOWN shall also submit time sheets for personnel associated with this IGA to COUNTY on a quarterly basis.
The time sheets should show the days and hours worked for all programs and should be signed by the
employee and their supervisor. COUNTY shall determine and notify TOWN when to submit the quarterly time
sheets.
D All requests to modify the current fiscal year budget line item amounts shall be on the form set forth in Exhibit F. TOWN
must limit requested modification of line items to 10% of the total IGA amount. Any requests to modify the current fiscal
year budget line item amounts must be submitted to COUNTY and must:
L Include invoices for the requested change;
ii. Be for expenditures made within 30 days of the date of the request; and
iii. Be submitted on or before July 7.
E. If TOWN requests payment for invoiced bills, rather than a reimbursement, TOWN must submit evidence that the 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.
F. Payment by COUNTY will generally occur thirty (30) days from the date the submission is received by Pima County
Finance Department. TOWN should budget their cash needs accordingly.
G. TOWN may not be entitled to, and may forfeit, payment of expenses not submitted to COUNTY as follows:
1. More than (60) days after the end of the month in which expenses were incurred in the months of October through
March;
2. After June 15 for expenses incurred in April and May;
3. No later than July 6 for expenses incurred in June to meet COUNTY'S fiscal year -end requirements;
4. More than sixty (60) days for expenses incurred in July through November; and
5. After January 31, 2010 for expenses incurred in December.
H. 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 shalt, 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 dimided by the
unit fee in effect at the time the excess funds were provided to TOWN.
Revised June 10, 2008 3
I. To the extent permitted by HUD regulations, TOWN may be paid for planning and administration activities
' occurring after July 1, 2010. All planning and administration costs not used by the end of the next fiscal year, ,tune
30, 2011, shall be forfeited.
J. For the period or record retention required under Section 20 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. Tenn.
{
This IGA shall be effective on October 1. 2010 and shall terminate on December 31. 2011 unless sooner terminated or further extended
pursuant to the provisions of this IGA. This IGA upon mutual consent of the parties may be extended for a period of time not to exceed two
(2) additional one -year periods. Any modification or time extension of this IGA shall comply with the modifications provisions contained in
Exhibit B.
5. Termination of IGA for Default.
A. Upon a failure by TOWN to cure a default under this IGA within 10 days of receipt of notice from COUNTY of the
default, COUNTY may, in its sole discretion, terminate this IGA for default by written notice to TOWN. In this event,
COUNTY may take over the work and complete it by contract or otherwise. In such event, TOWN shall be liable for
any damage to the COUNTY resulting from TOWN'S default, including any increased costs incurred by COUNTY in
completing the work.
B. The occurrence of any of the following, without limitation to the named events, shall constitute an event of default:
1. Abandonment of or failure by TOWN to observe, perform or comply with any material term, covenant,
agreement or condition of this IGA, or to prosecute the work or any separable part thereof with the diligence that will
insure completion within the time specified in this contract, including any extension, or a failure to complete the work
(or the separable part of the work) within the specified time;
2. Persistent or repeated refusal or failure to supply adequate staff, resources or direction to perform the work on
schedule or at an acceptable level of quality;
3. Refusal or failure to remedy defective or deficient work within a reasonable time;
4. Loss of professional registration or business or other required license or authority, or any curtailment or cessation
for any reason of business or business operations that would substantially impair or preclude TOWN'S
performance of this IGA;
5. Disregard of laws, ordinances, or the instructions of COUNTY or its representatives, or any otherwise substantial
violation of any provision of the contract;
6. Performance of work hereunder by personnel that are not qualified or permitted under state law or local law to
perform such services;
7. Commission of any act of fraud, misrepresentation, willful misconduct, or intentional breach of any provision of this
IGA; or
S. If a voluntary or involuntary action for bankruptcy is commenced with respect to TOWN, or TOWN becomes
insolvent, makes a general assignment for the benefit of creditors, or has a receiver or liquidator appointed in respect
of its assets.
C. In the event of a termination for default:
1. All finished and unfinished drawings, specifications, documents, data, studies, surveys, drawings, photographs,
reports and other information in whatever form, including electronic, acquired or prepared by TOWN for this project
shall become COUNTY'S property and shall be delivered to COUNTY not later than five (5) business days after the
effective date of the termination;
2. COUNTY may withhold payments to TOWN arising under this or any other IGA for the purpose of set-off until such
time as the exact amount of damage due COUNTY from TOWN is determined; and
3. Subject to the immediately preceding subparagraph (2), COUNTY'S liability to TOWN shall not exceed the IGA
value of work satisfactorily performed prior to the date of termination for which payment has not been previously
made.
D. The IGA will not be terminated for default nor the TOWN charged with damages under this
Article, if—
Revised June 10, 2008 4
(1) Excepting item (8) in paragraph B above, the event of default or delay in completing the work arises from
unforeseeable causes beyond the control and without the fault or negligence of TOWN. Examples of such
causes include—
(i) Acts of God or of the public enemy,
(ii) Acts of the COUNTY in either its sovereign or contractual capacity,
(iii) Ads of another Contractor in the performance of a contract with the COUNTY, -
(iv) Fires,
(v) Floods,
(vi) Epidemics,
(vi) Quarantine restrictions,
(viii) Strikes, i
('ix) Freight embargoes,
(x) Unusually severe weather, or
(x) Delays of subcontractors at any tier arising from unforeseeable causes beyond the control and without the
fault or negligence of both TOWN and the subcontractor(s); and
(2) The TWON, within seven (7) days from the beginning of any event of default or delay (unless extended by
COUNTY), notifies the COUNTY in writing of the cause(s) therefor. In this circumstance, the COUNTY shall
ascertain the fads and the extent of the resulting delay. If, in the reasonable judgment of COUNTY, the findings
warrant such action, the time for completing the work may be extended.
E. For the purposes of paragraph A above, "receipt of notice" shall include receipt by hand by TOWN'S project
manager, by facsimile transmission with notice of receipt, or under the Notices clause of this IGA.
F. If, after termination of the IGA for default, it is determined that the TWON was not in default, or that the delay was
excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the
convenience of the COUNTY.
G. The rights and remedies of COUNTY in this Article are cumulative and in addition to any other rights and remedies
provided by law or under this IGA.
6. Termination for Convenience.
A. COUNTY reserves the right to terminate this IGA at any time and without cause by serving upon TOWN 30 days
advance written notice of such intent to terminate. 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 TOWN shall be payment for services rendered prior to the date of termination to the extent that grant funds
are available.
C. 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 for services
rendered prior to termination.
7. 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.
8. 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 'claimsl arising
s
out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in
vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor,
its officers, agents, employees, or volunteers.
Revised June 10, 2008 5
9. Compliance with haws.
The parties shall comply with all federal, state, and local taws, rules, regulations, standards and Executive Orders, without limitation to those
designated within this IGA. The laws and regulations of the State of Arizona shall govem 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.
s
10. Non - Discrimination. i -
TOWN agrees to comply with all provisions and requirements of Arizona Executive Order 2009 -09 including flow down of all
provisions and reauirements to any subcontractors. Executive Order 2009 -09 supersedes Executive Order 994 and
amends Executive Order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona's website
http:/f www.azoovemor.gov /dms /uaload/EO 2009 09.pdf which is hereby incorporated into this contract as if set forth in full I
herein. During the performance of this contract, TOWN shall not discriminate against any employee, client or any other
Individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin.
11. ADA
A. 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.
B. If TOWN is carrying out a govemment program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to
the same extent and degree that would be required of COUNTY under 28 CFR Sections 35.130, 35.133, 35.149 through 35.151, 35.160,
35.161, and 35.163. Failure to do so could result in the termination of this IGA.
12. Severability.
If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not
affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the
provisions of this IGA are declared to be severable.
13. Conflict of Interest.
This IGA is subject to cancellation for conflict of interest pursuant to A.R.S. § 38 -511, the pertinent provisions of which are incorporated herein
by reference.
14. 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, COUNTY shall have no further obligation to
TOWN, other than for payment of services rendered prior to cancellation.
15. Legal Authority.
Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that
either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall null and void, and no
recovery may be had by either party against the other for tack of performance or otherwise.
16. 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.
17. 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 f
TOWN and any COUNTY employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the
other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees.
18. No Third Party Beneficiaries.
Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or 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.
Revised June 10, 2008 6
19. 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: TOWN OF MARANA:
Margaret Kish, Director Ed Honea, Town Mayor
Pima County Community Development and Town of Marana E
Neighborhood ConservationDepartment 11555 West Civic Center Drive
2797 East Ajo Way, P Floor Marana, AZ 85653
Tucson, AZ. 85713 !
20. Record Retention.
A. TOWN shall keep and maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are
pertinent to the activities to be funded under this IGA, which shall be open at all reasonable times for inspection and audit
by duly authorized representative of COUNTY. Such records shall include, but are not limited to:
1. Records providing a full description of each activity taken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved
with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Records documenting Environmental Review compliance;
7. Records documenting scope of work, change orders, on -site inspection and sign -off on rehabilitation work, including
final inspection;
8. Records of owner occupancy (property deed or land contract);
9. Records of disbursements made for completed and approved work;
10. Financial records as required by 24 CFR 570.502 and 24 CFR 84.21 -28; and
11. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
B. TOWN shall retain all financial records, supporting documents, statistical records, and all other records relating to this IGA
for a period of four (4) years 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 date of submission of COUNTY'S annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on forthe 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 Maintained" of the Community Development Block Grant Program — Entitlement Grant
Regulations.
21. Public Information
A. Pursuant to A.R.S. § 39-121 et seq., and A.R.S. § 34- 603(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 f
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 for securing a protective order or other relief enjoining
the release of records marked CONFIDENTIAL, nor shall COUNTY be in any way financially responsible for any costs
associated with securing such an order.
22. ELIGIBILITY FOR PUBLIC BENEFITS.
TOWN shall comply with applicable provisions of A.R.S. §§1 -501- AND 1 -502 regarding public benefits, which are hereby incorporated
as provisions of this IGA to the extent such provisions, are applicable.
Revised June 10, 2008 7
23. TRANSACTION PRIVILEGE TAX.
TOWN agrees that any transaction privilege and use taxes levied by the TOWN on the Project shall be contributed to the Project as a
portion of TOWN'S share of the costs of the Project. TOWN shall provide an accounting to COUNTY of the total amount of transaction
privilege and use taxes collected by the TOWN for the Project and pay the total amount of such taxes to the COUNTY in accordance
with this IGA.
24. Entire Agreement.
This document constitutes the entire IGA between the parties pertaining to the subject matter hereof, and all prior or contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended,
altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder.
In Witness Whereof, COUNTY has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors,
upon reso n of the Board and attested to by the Clerk of the Board, and TOWN has caused this Intergovernmental Agreement to be
execut by t Mayo up solution of the Mayor and Council and attested to by:
PI NTY� TOWN OF MARAN
Zo rman, Boa of S iso Mayor
ate: J I Date:
ATTEST j )ate: TEST
Clerk'be Boa
Date: f �lA 2011 Cl 11 - 4-16
APPROVED AS TO CONTENT
Community Develo ent and Neighborhood Conservation Director
The foregoing Intergovernmental Agreement between Pima County and TOWN of Marana has been reviewed pursuant to A.R.S. §11-
952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of
the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned.
PIMA COUNTY: UOFANA:
6 6 County Attorney Town Att or(�ey�
Date: 4 - 2't — to Date:
t
Revised June 10, 2008 $
EXHIBIT A
PROJECT'S SUMMARY i
See attached for each project:
1
Administration
Housing Rehabilitation
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Revised June 10, 2008 g
CPMP version 2.0 Grantee Name: PIMA COUNTY
ject Name: ITOWN OF MARANA - ADMINISTRATION
ascription: IDIS Project #: 34 UOG Code AZ049019
Aministration or the CDBG program
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Location: Priority Need Category
11555 West Civic Center Drive, -- --- -
Marana, Az 85653 in the Marana 1 Planning /Adminis -
Select one: ! -- -- -- .. -... — .�__......
designated colonia.
Explanation:
Expected Completion Date Local Government
(06130/2011)
Objective Category
0 Decent Housing
0 Suitable Living Environment
0 Economic Opportunity
Specific Objectives
Outcome Categories
❑ Availability/Accessibility -
❑ Affordability 2 ' = - --
❑ Sustainability
rn Accompl. Type: 1W Proposed Accompl. Type: Proposed
+' Underway Underway
— C `
N/A Complete Complete
N Accompi. Type: t , w Proposed Accompl. Type: Proposed
U ' Underway Underway
•0 Complete Complete
IL u Accompl. T ype: Proposed Accompl, Type: l W Proposed
Q Underway Underway
Complete Complete
Proposed Outcome Performance Measure Actual Outcome
21A General Program Administration 570.206 Matrix Codes
Matrix Codes Matrix Codes
Matrix Codes Matrix Codes j
Cpg{; IV Proposed Amt. 25000 Fund Source: • Proposed Amt.
t
L Actual Amount Actual Amount
} Fund Source: ? 1W Proposed Amt. Fund Source: Proposed Amt. !
Actual Amount Actual Amount
Accompl. Type: 1 , w Proposed Units Accompl. Type: ! Proposed Units
Im C Actual Units Actual Units
L Accompl. Type: r Proposed Units Accompl. Type: -w Proposed Units
a
Actual Units Actual Units
Project (34) 1 CPMP
Grantee Name: PIMA COUNTY
CPMP Version 2.6
Project Name: ITOWN OF MARANA - HOUSING REHABILITATION PROGRAM
Description: I JIDIS Project #: I luor. Code JAZ049019
Rehabilitate owner occupied homes of residents who are low to moderate income including roofing, heating and cooling,
septic system service, electrical and plumbing, etc.
Location: Priori
ty Need ;Eateg4
Census tract 44.06, Block Group 1
in the Marana designated colonia Select one Owner Oc cupied Housing I •
Explanation:
Expected Completion Date: Local Government
(06/30/2011)
Objective Category
Decent Housing
O Suitable Living Environment
O Economic Opportunity Specific Objectives
Outcome Categories 1 1 Improve the quality of owner housing
❑ Availability/Accessibility ,
❑ Affordability
Sustainability 3 1
10 Housing Units I w Proposed 25 Accompl. Type r Proposed
Underway Underway
01 Complete Complete
s Accompl. Type: 1 Proposed Accompl. Type: ♦ Proposed
i H
Underway Underway
E Complete Complete
0. V Accompi. Type: V Proposed Accompl. Type: Proposed
v Underway Underway
a
Complete Complete
Proposed Outcome Performance Measure Actual Outcome
#hsg units focused on imprved 25
quality or access to housing
14A Re Si ng l e -U Resident 5 70.202 Matrix C odes
Matrix Codes Matrix Codes
Matrix Co —' `� f Matrix Codes
CDBG j r Proposed Amt. 90000 Fund Sourc Proposed Amt.
L Actual Amount Actual Amount
Fund Source: IV Proposed Amt. Fu Sou i 'r Proposed Amt. [
} Actual Amount Actual Amount
i 10 Housing Unitsi W Proposed Units 25 A ccompl. Type: Proposed Units
n71 Actual Units Actual Units t
A Accompl. Type: Proposed Units Accompl. Type: : Proposed Units
0 . — - --
Actual Units Actual Units
Project (37) 1 CPMP
EXHIBIT B
SPECIAL AGENCY CONDITIONS
A. Modification r
1) Modifications may be made to this IGA in accordance with the following provisions: f
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 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 Development and Neighborhood Conservation Department or authorized representative to be effective. Minor
modifications are changes in the Scope of Work 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 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 COUNTY.
TOWN shall comply with OMB Circular No. A -122, -"Cost Principals for Non - Profit Organizations' (if Town is a non -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 monitor all activities and information sources in the management, fiscal, and service systems of TOWN
and any subcontracted parties, relating to performance of duties and obligations under this IGA, to assure that TOWN is
maintaining adequate and acceptable progress and systems, and to ensure that the funds provided to TOWN by COUNTY
are being used effectively and efficiently to accomplish the purposes for which funds were made available.
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 COUNTY will constitute noncompliance with this IGA. If action to correct such
substandard performance is not taken by TOWN within a reasonable period of time after being notified by 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 AppendixA.
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Revised June 10, 2008 10
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.
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 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 priorwritten
approval by COUNTY. Upon approval, the federal government and Pima County shall have a non- exclusive and irrevocable
license to reproduce, publish or otherwise use or authorize the use of any copyrighted material.
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 a program - 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 TOWN'S budget approved by County and the cost is an allowable charge for payment under
applicable law or regulation.
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Revised June 10, 2008 ��
f) Timely submit the required or requested audit(s) to:
Dewey Cooper
Community Development and Neighborhood Conservation Dept.
2797 East Ajo Way, a Floor I
Tucson, AZ 85713
1
2) If TOWN is a "nonprofit corporation" that meets the definition of "corporation" in A.R.S. §1 D -3140, TOWN shall comply 1
with the applicable audit requirements set forth in A.R.S. § 11 -624.
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3) TOWN is receiving federal funds under this IGA, and TOWN is a state or local government or non -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
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Revised June 10, 2008 12
EXHIBIT C
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 Governments" (if
Agency is local government).
4) Title VI of the Civil Rights Act of 1964.
5) Section 109 of the Housing and Community Development Act of 1974.
6) Executive Order 11246 - Equal Employment Opportunity.
7) Section 3 of the Housing and Urban Development Act of 1968.
8) Flood Disaster Protection Act of 1973.
9) National Environment Policy Act of 1969.
Section 106 of the National Historic Preservation Act of 1966, Executive Order 11593.
10) Federal Labor Standards Provisions.
11) OMB Circular A -133, "Audits of States and Local Governments and Non -Profit Organizations".
12) OMB Circular A -122, "Cost Principals for Non -Profit Organizations" Cif agency is non -profit organization).
13) OMB Circular A-1 1 Oand A -87.
14) A -21, "Cost Principals for Educational Institutions ".
15) Subpart K of the Community Development Block Grant Program Entitlement Regulations.
16) 570.200(J) First Amendment Church/State 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
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Revised June 10, 2008 13
EXHIBIT D
Intergovernmental Cooperative Agreement
between
Pima County and Town of Marana
for the
Community Development Block Grant Program i
and f
Home Investment Partnership Program
See attached:
Resolution No. 2007 -143
Resolution No. 2007 -88
IGA No. 01- 70- M- 139650 -0707
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Revised June 10, 2008 14
RECORDED BY: LL - - --
-E = 1015
DE. { RECORDER of PIS
t PE 6 f t�P / V aF i.1 OF PAGES: g
•P0230 O11[ ;'/ �0 SEQUENCE.: 20071260273
PIMA CO CLERK OF THE BOARD z 06/29/2007
PICKUP t RE S 12:33
'
PICKUP
a
AMOUNT PAID $ 0.00 �
RESOLUTION NO. 2007 — 143
RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA AUTHORIZING
EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA
COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM.
WHEREAS, 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.; and
WHEREAS, it is necessary to enter into an Intergovernmental Cooperative Agreement in order to
meet the requirements of the Housing and Community Development Act of 1974 and subsequent
amendments; and
WHEREAS, County and Town desire to engage in housing and community development activities
as authorized under the Housing and Community Development Act of 1974 and subsequent
amendments; and
WHEREAS, County and Town do hereby find and determine that it is in the best interest of the
residents - of the unincorporated areas of the County and of the of Marana that housing and
community development activities be performed jointly in accordance with the provisions of this
Agreement and that the U -S- Department of Housing and Urban Development (HUD) recommends that
expenditures of funds for each purpose be on an Urban County basis; and
WHEREAS, it is mutually beneficial to each of the parties hereto for the County to administer and
execute the provisions of the Agreement in accordance with the terms and conditions hereinafter
provided and subject to local ordinance and State and Federal law;
THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA, COUNTY, ARIZONA,
as follows
1 - The intergovernmental Cooperative Agreement between Pima County and the Town of
Marana for the Community Development Block Grant Program and Home Investment
Partnership. Program is hereby approved; and
.2 - The Chairman of the Board of Supervisors is hereby instructed and authorized to sign the
Intergovernmental Cooperative Agreement for the Pima County Board of Supervisors.
PASSED AND ADOPTED ON THIS 19th DAY OF June 2007
t E
PIMA C N , A dy orp ATTEST
Chairman, Board o ,Supervisors Cleric of the Board
APPROVED AS TO FOPM:
Deputy CounfyAttoey
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MARANA RESOLUTION NO. 2007-88
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING
EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP RENEWAL THROUGH JUNE 30, 2010.
WHEREAS, the Town of Marano recognizes the need to provide safe and affordable
housing, neighborhood infrastructure, and parks for its citizens through the use of Community
Development Block Grant (CDBG) and HOME Program funding; and
WHEREAS, Pima County serves as the sponsoring agency for distribution of CDBG and
HOME Program funding under HUD's Housing and Community Development Act of 1974 for
distribution of Federal funding to an Urban County, and
WHEREAS, the Town of Marano finds that it is in the best interest of its residents to
enter into an agreement with Pima County to develop activities jointly in accordance with U.S_
Department of Housing Urban and Development (HUD) guidelines and protocols; and
WHEREAS, it is necessary for Town of Marana the to enter into this Intergovernmental
Cooperative Agreement with Pima County as the sponsoring agency to meet the requirements of
HUD's Housing and Community Development Act of 1974; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MAR-ANA, ARIZONA, that the Contract between the Town of Marano and Pima
County is herby approved and the Mayor is herby authorized to execute it for and on behalf of the
Town of Marano;
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MAR-ANA, ARIZONA, this S` day of June, 2007.
�ttimrr, "Y 4 �
� 0 ? tpRPORtTF'y
Mayor E Honea
�. ; SEA.L ; �.
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ATTEST: � 111! t ►
L APPRO: D AS TFORM: `
i ll[ ,
� ronson, Town Clerk Frank Ca ssi y, Own At y
CG vT %A
N0. 0/ 7d :f /1J` So-
Intergovernmental Cooperative Agr- gfllenbsmc�r
e., all
between invoices. to _;�� °�_ ,c and
Pima County and Town of Mar r�$�'� menu
for the - ontrsct.
Community Development Block Grant Program I
and
Home Investment Partnership Program =
This Intergovernmental Cooperative Agreement made and entered into this _ day of
2007 by and between the County of Pima, a body politic and corporate of the State of
Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal corporation of
the State of Arizona, located within the boundaries of the County of Pima, hereinafter referred to
as "Town."
RECITALS
A. WHEREAS 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. - 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 Town are individually authorized by law to engage in housing and
community development activities.
D. WHEREAS County and Town do 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 that the U-S. Department of Housing and Urban Development recommends that expenditures
of funds for such purpose be on an Urban County basis.
E. WHEREAS it is mutually beneficial to each of the parties hereto for County to administer and
execute the provisions of this Agreement and the provisions of the Agreement 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 to local ordinance and
State and Federal law.
3
NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the
matters and things hereinafter set forth, do mutually agrees as follows.
1. Pima County, as an Urban County, is hereby designated 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 the F
provisions of the Housing and Community Development Act of 1974 and subsequent
amendments, the laws of the State of Arizona, and the tenns and conditions provided
herein. In this respect, the Town agrees that the County is hereby delegated the power to
plan and undertake community development projects within its jurisdiction and will have
the final responsibility for selecting all CDBG and HOME projects in accordance with the
approved Community Development and Housing Consolidated Plan pursuant to 24 CFP.. }
Part 91. ##
2. It is understood and agreed that the County as the Grantee is to take the final i
responsibility and to assume all the obligations of applicant for assistance under the
provisions of said Housing and Community Development Act of 1974 and subsequent
amendments, the three -year certifications as required by HUD, subject to change in
legislation or regulations and the Consolidated Plan.
3. The County and Town agree to cooperate to undertake, or assist in undertaking,
community renewal and lower income housing assistance activities, specifically 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
Plan for any program year covered by this Agreement. In 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
of the area served by the member entities who qualify under the provisions of said Act.
5. It is understood that in order to qualify for 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. All parties hereto agree to abide by the terms and
conditions of an approved Consolidated Plan for housing and community development
activities as submitted to the Department of Housing and Urban Development
Upon executing the Agreement the Town agrees not to apply for CDBG funds from the
State of Arizona Small Cities Program, and may not participate in a HOME consortium
except through the Urban County during the period in which it is participating in the Urban
County'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 local project within their
respective jurisdiction with their own funds -
6. The 1st day of July 2007 , shall be the effective date of Agreement, and
remain in force for three years. This Agreement covers CDBG and HOME Program
funding for Federal Fiscal years 2008, 2009, and 2010. This Agreement may be amended
to extend the ten of Ag in order to complete activities funded but not completed,
or to expend program income received during the three years covered by this Agreement
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7. 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 F
the County shall thereby become responsible thereunder for the proper performance of �-
the plan and program. The Town agrees that it shall fully cooperate with the County in all i
efforts hereunder and that they will assist in doing any and all things required or
appropriate to comply with the provisions of any grant agreement received by the County
pursuant to the Act and its regulations.
8. All records of the County or Town related to this Consolidated Plan and any projects
undertaken pursuant thereto shall upon reasonable notice, be available for inspection by
HUD, County, and/or Town auditors, during normal business hours. !
9_ This Intergovernmental Cooperative Agreement shall be binding upon the parties hereto,
their successors and assignees_ Any assignment of Agreement shall be void without the
consent of the other party.
10. Pursuant to the primary objective of Title I of the Housing and Community Development
Act of 1974, the parties hereby agree to direct their Community Development Block Grant
and HOME Program resources toward the development of viable urban communities, by
providing decent housing and a suitable living environment and expanding economic
opportunities; principally for persons of low- and moderate - income.
11. County and Town will take all required actions necessary to comply with the Urban
County's Certification required by Section 104(b) of Title I of the Housing and Community
Development Act of 1974, as amended, including Title Vl of the Civil Rights Act of 1964,
the Fair Housing Act, section 109 of Title I of the Housing and Community Development
Act of 1974 and other applicable laws. County shall not fund Town if the Town does not
affirmatively further fair housing within its own 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 prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuals engaged
in non-violent civil rights demonstrations; and
A policy of enforcing applicable State and local laws against physically barring entrance -to
or exit from a facility or location which is the subject of such non - violent civil rights
demonstrations within its jurisdiction.
13. The parties agree that a fully executed amendment or amendments to this Agreement
shalt be entered into as required 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 the regulations issued pursuant to the Act.
Failure by either party to adopt an Amendment to this Agreement incorporating all
changes necessary to meet the requirements for cooperation Agreements set forth in the
Urban County Qualification Notice applicable for the year in which the next qualification of g
the Urban County is scheduled shall automatically terminate this Agreement following the
expenditure of all Community Development Block Grant and HOME funds allocated for
use in the Town's jurisdiction.
14. Pursuant to 24 CFR 570.501(b), the Town is subject to the same requirements applicable f
to subrecipients, including the requirement for a written Agreement set forth in 24 CFR
570.503.
15- The County, as the CDBG grant recipient for the urban county has full responsibility for the
execution of the community development program, for following its Consolidated Plan, and t
for meeting the requirements of other applicable laws (e.g., National Environmental Policy
Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec.
504 of the Rehabilitation Act of 1973, Sec. 109 of the Housing and Community
Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively
furthering fair housing). County shall be held accountable for the accomplishment of the r
community development program, for following the Consolidated Plan, and for ensuring
that actions necessary for such accomplishment are taken by Town.
16. The parties acknowledge that A.R.S- § 38 -511 requires that notice of A.R.S. § 38 -511 be
included in every contract of a political subdivision of the State of Arizona and that both
parties must comply with all applicable provisions of Arizona Executive Order 75 -5, as
amended by Executive Order 99A [relating to non - discrimination].
THIS SPACE INTENTIONALLY LEFT BLANK
�+ F
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be
executed the ] 9th day of Ju 2007 -
PIM4COUN OARD OF SUPER VISORS TOWN OF MARANA
Ch , f upervisors Mayor
ATTEST:
Clerk, Board of Supervisors, Clerk
RE\A ED BY:
Director, Corte unity Development &
Neighborhood Conservation Department
Pursuant to A_R.S_ § 11 -952, the undersigned, Pursuant to AR -S- § 11 -952, the undersigned,
Pima County's legal counsel has determined Town of Marana's legal counsel has determined
that the above Agreement is in proper form that the above agreement is in proper form and is
and is within the powers and authority granted within the powers and authority granted under the
under the laws of the State of Arizona to Pima laws of the State of Arizona to the Town of
Cou nty. Marana
Karen Friar Frank Cassid
Typed Name of Legal Counsel Typed Name of Legal Counsel
FF /
Signature of Lega�Co sel Sig a ure oficegal C sel r
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OPINION OF DEPUTY COUNTYATTORNEY
1NTERGOVERMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF
MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME
INVESTMENT PARTNERSHIP PROGRAM
I am an Attorney at Law admitted to practice in the State of Arizona and a duly appointed Deputy
County Attorney for the County of Pima.
1 have examined the Intergovernmental Cooperative Agreement between Pima County and the
Town of Marana for the Community Development Block Grant Program and Home Investment
Partnership Program entered into by and between the County of Pima and the Town of Marana,
pursuant to Title I of the Housing and Community Development Act of 1974, and I am of the
opinion that the Agreement has been duly authorized by the Board of Supervisors of the County of
Pima in accordance with State and local legal requirements.
am further of the opinion that the names and provisions of the agreement are authorized under
state and local law and that Pima County is authorized to enter into this agreement pursuant to
state and local taw.
To the best of my knowledge, there is no pending or threatened litigation affecting the
implementation of the Cooperation Agreement or the ability of the County of Pima to be the
applicant for funding as a Urban County under Title I of the Housing and Community Development
Act of 1974, as amended.
Deputy C unty Attorne
Civil Divis1QQ ,
3_
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EXHIBIT E
PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FY2010 -2011 CONTRACT #
TOWN OF MARANA
ADMINISTRATION AND HOUSING REHABILITATION
FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS FOR THE MONTH OF
20
REQUEST #
Activity Budgeted Expenditures Cumulative Balance
This Month Expenditures Available
Administration $25,000.00
Housing $90,000.00
Rehabilitation
Total Budget $115,000.00
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 PREPARED BY
TITLE TITLE PHONE NUMBER
f
DATE DATE
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Revised June 10, 2008 15
EXHIBIT F
PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FY2010 -2011 CONTRACT #
t
TOWN OF MARANA
ADMINISTRATION AND HOUSING REHABILITATION
BUDGET MODIFICATION
Please include:
1. A written justification for the modification for the line Rem(s) you wish to change; and
2. A new billing request with the requested change.
Budget change request must be limited to 10 0 /6 of the total IGA amount and submitted within 30 days of the request.
Requests for budget change may not be accepted after July 7, 2011.
Please include the following:
Date:
Name of person requesting change:
Activity Budgeted Requested Balance Available
Modification
Administration $26
Housing $90,000.00
Rehabilitation
Total Budget $115,000.00
The reason for the changes to our budget is as follows:
Authorized Signature Date
Mail or fax to: Allen Kulwin
Pima County, Kino Service Center
2797 East Ajo Way, a Floor -
Tucson, AZ 85713
Fax Number: 520 - 243 -6796
Revised June 10, 2008 16