HomeMy WebLinkAboutResolution 2012-100 relating to community developmentMARANA RESOLUTION NO. 2012-104
RELATING TO COI��VIUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA
COUNTY AND THE TOWN OF MARANA FOR TI-� MANAGEMENT AND
IlVIPLEMENTATION OF THE 2012-2013 COl��TY DEVELOPMENT BLOCK GRANT
PROGRAM
WHEREAS the Town of Marana recognizes the need ta provide safe af�ordable housing
and neighborhood infrastructure for its citizens and has applied for Community Develapment
Block Grant (CDBG) funding for these ptuposes; and
WHEREAS Pima County has been awarded fixnding from the U.S. Department for Hous-
ing and Urban Development und�r the CDBG program for the 2012-2013 fiscal year; and
WHEREAS the Town of Marana has been selected as a sub-grantee through Pima Coun-
iy's proposai process; and
WHEREAS the parties may contra.ct for services and enter into agreements with ane another
for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and
WHEREAS the Mayor and Council of the Town of Ma.rana find it is in the best interests of
its citizens to enter into this intergovernxnental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTIpN 1. The intergovernmental agreement between the Town of Marana and Pima
County attached to and incorporated by this reference in this resolution as E�ibit A is hereby ap-
proved, and the Mayor is hereby authorized and directed. to execute it for and on behalf of the Town
of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take a1I other and further task� required or beneficial to carry out the terms, obligations, and objec-
tives of the intergovernmental agreement.
M�rana Resolution No.��,2-100 - T -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18�' day of December, 2012.
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Mayor Ed Honea
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Ivtazana Resolurioa No. 2012-100 - 2-
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AP��NRMENT' N0,
. This number must a�pear on all
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docurr?nts pertaining to this
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INTERGOVERNMENTALAGR
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, et seq;
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. §§ 11-254.04, 19-251 (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 ("CDBG') funds in the amount of $2,421,558.00 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 2012-2013 for programs that would qualify for CDBG funds under
solicitation number CDNC-12-16-11-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-
12-16-41-CDBG-ESG-OA;
TOWN'S program was determined to be in the best interests of the residents of Pima County;
J. The 2012-2013 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 consideration for the CDBG 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
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. 7he 2012-2013 Annual Action Plan ("Plan") 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 IGA 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://www.pima.aov/CED/Data/forms.html. Reports provided in any other form shall be accepted only after a written
approval is provided by the Community Development and Neighborhood Conservation director or authorized
representative. Reports shall be submitted as follows:
1. Quarterly reports shall be submitted no later than the following dates for the preceding quarter:
a) January 31
b) Apri130
c) July 31
d) October 31
2. The quarterly reports shall include:
a) Demographic information including clienYs address; income level; family size; race; whetherthe family is female-
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#he annual report no later than January 31 2014.
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.
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 $90,000.00.
A. Budget:
Administration $15,000.00
Emergency Home Repair $25,000.00
Graffiti Abatement Program Coordinator $12,000.00
Colonia-Neighborhood Cleanup Program Coordinator $10,000.00
Owner-Occupied Housing Rehabilitation $28,000.00
B. The total amount of this IGA is $90.000.00.
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.
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
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. �
A monthly payroll journal that documents TOWN'S expenses for salaries and benefits associated with
this IGA and distinguish different funding sources.
Copies of all receipts and checks (front and back) and general ledger to support all purchased goods or
seroices.
❑�
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:
All requests for payments shall be on the form set forth in Exhibit E. Each monthly request for payment shall
include:
Include invoices for the requested change;
Be for expenditures made within 30 days of the date of the request; and
E
F
G
H
iii. Be submitted on or before July 7.
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.
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.
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, 2014 for expenses incurred in December.
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
C011NTY shall, at its sole discretion, determine whether it will require TOWN ta
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,
Revised June 10, 2008 3
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.
I. To the extent permitted by HUD regulations, TOWN may be paid for planning and administration activities
� occurring afterJuly 1, 2012. All planning and administration costs not used bythe end ofthe ne�ct�scal year, June
30, 2013, shall be forFeited.
J. For the period or record retention required under Section 20 CO{JNTY 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 IGA shall be effective on October 1. 2012 and shall terminate on December 31. 2013 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 finro
(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 faifure 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
8. 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
Revised June 10, 2008 4
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—
(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) Acts of another Contractor in the performance of a contraet with the COUNTY,
(iv) Fires,
" (v) Floods,
(vi) Epidemics,
(vii) Quarantine restrictions;
(viii) Strikes,
(ix) Freight embargoes,
(x) Unusually severe weather, or
(xi) 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
COUNT`n, notifies the COUNTY in writing of the cause(s) therefor. In this circumstance, the COUNTY shall
ascertain the facts 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.
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. Nofinrithstanding 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 endeavorto 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 sxtent that grant funds
are available.
C. Nofinrithstanding 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 a�d 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) or property damage, but only to the extent that such claims which result in
Revised June 10, 2008 r>
vicariouslderivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault ofthe Indemnitor,
its officers, agents, employees, or volunteers.
n 9. Compliance with Laws.
The parties shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those
designated within this IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this
IGA, and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County.
10. Non-Discrimination.
TOWN agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 includinp flow down of all
provisions and reauirements to anv subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and
_ amends Executive Order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona's website
http://www.azqovernor.gov/dms/upload/EO 2009 09.pdf
These documents are hereby incorporated into this contract as if set forth in full 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 government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to
the same e�ent 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 lack 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
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.
Revised June 10, 2008 6
18. No Third Parly 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.
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:
Margaret Kish, Director
Pima County Community Development and
' Neighborhood ConservationDepartment
2797 East Ajo Way, 3` Floor
Tucson, AZ. 85713
20. Record Retention.
TOWN OF MARANA:
Ed Honea, Town Mayor
Town of Marana
11555 West Civic Center Drive
Marana, AZ 85653
A. TOWN shall keep and maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are
pertinenf 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.
2.
3.
4.
8.
9.
10.
11.
Records providing a full description of each activity taken;
Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement, use or disposition of real property acquired or improved
with CDBG assistance;
Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
Records documenting Environmental Review compliance;
Records documenting scope of work, change orders, on-site inspection and sign-off on rehabilitation work, including
final inspection;
Records of owner occupancy (property deed or land contract);
Records of disbursements made for completed and approved work;
Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and
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
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.
Revised June 10, 2008 7
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.
�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.
ln Witness Whereof, CO NTY has c sed this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors,
upon resol on the B rd and ested to by the Clerk of the Board, and TOWN has caused this Intergovernmental Agreement to be
executed the yor u n re lutipn of the Mayor and Council and attested to by:
�
1'fl�n' Board of �uperv
�!� A 5 �D�
AT7� • .
�� a�
Clerk of 4��}o�f� ,
Date: JUN
TOWN OF MARANA•
c---�
Mayor
Date: fd� -/�- �02
ATTEST
own Gler d
Date: /o� ��O '� � c�-
APPROVE S TO C _ T
C nity Development and Neighborhood onservation 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:
D put County Attorney
Da : 11-15-12
� •
/� �/i ,�
/t"/�'!!/.:.�r�
.� '!��1��.
Revised June 10, 2008 8
EXHIBIT A
PROJECT'S SUMMARY
See attached for each project:
Administration
Emergency Home Repair
_ Graffiti Abatement Program
Colonia-Neighborhood Cleanup Program
Owner-Occupied Housing Rehabilitation
Revised June 10, 2008 9
Project (34) 1 CPMP
Grantee Name: PIMA COUNTY
�
Project (34)
2
. .
Project (37) 1 CPMP
Grantee Name: PIMA COUNTY
CPMP Version 2A
Project (37) 2 CPMP
Project (35) 1 CPMP
Grantee Name: PIMA COUNTY
�
Project (35)
2
CPMP
Project (36) 1 CPMP
Grantee Name: PIMA COUNTY
CPMP Version 2A
Project (36) 2 CPMP
Project (43) 1 CPMP
�rantaa Namr�• DTMA CAiiNTV
Project (43) 2 CPMP
EXHIBIT B
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 modifications is at the sole discretion of County.
3) Major modifications shall be by writterr 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;
fl 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 GOUNTY
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 procedureswill 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 ofthe projects, as described in the Projects SummaryAppendixA.
Revised June 10, 2008 1 0
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 complywith Se�tion 570.504 "Program Income", and Section 570.503 "Agreementswith Subrecipients" ofthe
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 referto 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 execu2ion 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 (6) months of completion of TOWN'S fiscal year, unless a
different time is specified by County. The audit submitted must include TOWN responses, if any, concerning
any audit findings.
e) Pay all costs for any audit required or requested pursuant to this Article, unless the cost was specifically
included in TOWN'S budget approved by County and the cost is an allowable charge for payment under
applicable law or regulation.
Revised June 10, 2008 1 1
fl Timely submit the required or requested audit(s) to:
- Dewey Cooper
Community Development and Neighborhood Conservation Dept.
2797 East 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. § 11-624.
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
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 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)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
Flood Disaster Protection Act of 1973.
National Environment Policy Ac# of 1969.
Section 106 of the National Historic Preseroation Act of 1966, Executive Order 11593.
Federal Labor Standards Provisions.
OMB Circular A-133, "Audits of States and Local Govemments and Non-Profit Organizations".
OMB Circular A-122, "Cost Principals for Non-Profit Organizations" (if agency is non-profit organization).
OMB Circular A-110and A-87.
A-21, "Cost Principals for Educational Institutions".
Subpart K of the Community Development Block Grant Program Entitlement Regulations.
570.200(J) First Amendment Church/State Principles of the Community Development Block Grant Program Entitlement Regulations.
570.503(b)(6) Prohibition Against Religious Activities.
570.503(b)(8) Reversion of Assets
Revised June 10, 2008
13
EXHIBIT D
�
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. 2010-140
Resolution No. 2010-54
IGA No. 01-70-M-143070-0710
Revised June 10, 2008
14
RESOLUTION NO. 2010 — 140
RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARlZ�?NA AUTHORIZING
EXECUTtON OF AN lNTERGOVERf�MENTAL COOPERATtVE AGREEMENT BETWEEN PIMA �
�OUNTY AND THE TQWN OF MARANA FOR TFiE CON��VlU[4ITY DEVEL'QPMFNT BL[�CK GRAR�T
PROGRAM AND HOME fNVESTMENT PARTNERSNIP PROGRAM.
WHEREAS, County and Tawn may contract for services and enter into agreements with one
another for joint or cooperative action pursuant ta A.R.S. § 11-951, et seq.; and
WHEREAS, it is necessary to enter into an lntergavemmentai Cooperative Agreement in order to
rr the requirements of the Housing and Community Development Act of 1974 and subseguent
amendmenfs; and
WHEREAS, County and Town desire to engage in housing and community devetopment activtties
� �,�f� jZe.`�. :jn�inr �F�o �-t�� �g nn �nri (�.C^ ��L�ni�v �o���ICnmo�t tl�+ nf '{ Q7� �^u Sli�3S�C�u�i ii
u i� �� v ��) �. r� r� c i�.a v� t.i e
amendments; and
WHEREAS, County and Town do hereb�r find and determine that it is in the best interest of the
residents of the unincorporated areas of the County and af the Town of Marana thaf housing and
community deve(opment activities be performed jointfy 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 mutualiy beneficial to each of the parties hereto for the Caunty to administer and
execute the provisians of the Agreement in accordance with the terms and conditions hereinafter
pravided and subjec# to Iocal ardinance and State and Federal law; '
THEREFaRE �E ET RE�OLVED BY THE �OARD O� S�1PEP.`JlSQRS OF F'Et�4A, COURlTY, ARIZONR,
ac fn����^!c: ,
1
2
The Intergovecnmental Caoperative Agreement between Pima Co�nty and the Town of
I�1larana far the Gc�rt�rr�uni#y Develo�ment Btc►ck �rar�t PrQgrarr� and NQrrzP lnvestment
l'artnership Program is hereby approved; and
The Chairman of the Board of Supervisors is here�iy instrucied and authorizeci to sign the
tntergovernrnental Cooperative Agreement for the Pima County Board of Supervisocs.
PASSED P�Adb A OPTED
P{ ,�A B P
C� irman, Boarci �f Super
Julv b, 2010
�7HIS 6c'n DAY OF �uly , 2010
c $�orp ATTEST �
��
�E%� Cle�k of th2 Soa�C1
RPPP.QVEQ AS TO FORNl:
/
.
ty Counfy Attorney
�ON�RA�T
Ho. D/ ��• f'�. /��367� • 4�i�
�MEN4MENT' N0.
Intergovemmentai Cooperative Agree ffnts number must appear o� a!!
between invoices, correspondence and
Pima County and Town of Marana dacuments pertainine ta tn�s
for the contract.
Community Development Block Grant Program
and
Home investment Partnership Program
T�i� i�tergb�er�men4�i �eapera4iv� ���e�mee�t ��ri� �na entereti into t�iis _ day a�
2��C, �y �r� �e��en tE�e �o�nty �,� �ir�a, a ��y palitie anc# ca�;c��ate o► � �e Stat� ��
Arizana, hereinafter referred to as "County," and the Town of Marana, a►�nuniapal corporation of
the State of Arizona, located within the boundaries of the County of Pima, hereinafter referred ta
as "To�rrt." .
REC ITALS
A. WHEREA6 Counry. and Town may contract for services and enter into agreements with one
another forjoint ar cooperafive action pursuant to A.R.S. § 11-951, ef seq_
B. V�IHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the
requirements af the Housing and Community Development Act of . 1974 and subsequent
amendments.
C. WHEREAS County and Tawn are individually authorized by iaw to engage in housirtg and
community deveiopment activities.
D. WHEREAS Caunty and Tawn t!o hereby find and determirte that. it is in the best intsrest af the
residents ef th� �:nincorporated areas of the �a�rty and the To�,rrn that ho�sing ar�d ccsrnrrrursity
development activities be performeci jointly in accordance with the pravisEans af tnis Agreement
dnd that tF�e U_S. Department af H�using and Urban D�veloRment recommends that expenditures
of funds for such purpose be on an Urban County basis_
E. WHEREAS it is mutuaity beneficial to each of the Parties hereto for County to administer and
�x�cute the provisions of this Asreement 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 fufly set forth herein, in
accordance with the terms and canditians hereinafter provicled and subject to local ordinance and
State and Federal iaw.
N JW, T�iEREFORE, Caunty and' Town, p�rsuant to the above, and in cansideratior� of the
�:�atters and thing� hPre�r�after �et ferth, �� mut!�aliy agree� as foll���:
Pirna County, as an tlrban County, is hereby designated as the sponsoring agency t�
administer and impfement the plan and program €or hausing and community deveRopment
activities for each of the �articipating parties ta this �4greement �n accordance with the
provisions of the t-fausirtg and Comrr�unity Deveiopment Act of 1974 ancf subsequent
amendments, the taws of the State of Anzana, and the terms an�+ conditions provided
herein. in this respect, the Town agrees that the County is hereby delegated the power to
pian ar�d under�ake ca�mue�ity developrr�ent prt�jec�s wiii�En its j�risdiction ar�ci v�rili have
S e
EXHIBIT E
PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FY2012-2013 CONTRACT #
TOWN OF MARANA
ADMINISTRATION, EMERGENCY HOME REPAIR, GRAFFITI ABATEMENT PROGRAM, COLONIA
NEIGHBORHOOD CLEANUP PROGRAM AND OWNER-OCCUPIED HOUSING REHABILITATION
FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS FOR THE MONTH OF
20
REQUEST #
Activity Budgeted Expenditures Cumulative Balance
This Month Ex enditures Available
Administration $15,000.00
Emergency Home $25,000.00
Re air
Graffiti Abatement $12,000.00
Pro ram
Colonia- $10,000.00
Neighborhood
Cleanu Pro ram
Owner-Occupied $28,000.00
Housing
Rehabilitation
Total Bud et $90,000.00
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 15
M f
� EXHIBIT F
PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FY2012-2013 CONTRACT #
TOWN OF MARANA
, ADMINISTRATION, EMERGENCY HOME REPAIR, GRAFFITI ABATEMENT PROGRAM, COLONIA-NEIGHBORHOOD
CLEANUP PROGRAM AND OWNER-OCCUPIED HOUSING REHABILITATION
- BUDGET MODIFICATION
Please include:
1. A written justification for the modification for the line item(s) you wish to change; and
2. A new billing request with the requested change.
Budget change request must be limited to 10% of the total IGA amount and submitted within 30 days of the request
Requests for budget change may not be accepted after July 7, 2043.
Please include the following:
Date:
Name of person requesting change:
Activity Budgeted Requested Balance Available
Modification
Administration $15,000.00
Emergency Home $25,000.00
Re air
Graffiti Abatement $12,000.00
Pro ram
Colonia- $10,000.00
Neighborhood
Cleanu Pro ram
Owner-Occupied $28,000.00
Housing
Rehabilitation
Total Bud et $90,000.00
i ne reason tor tne changes to our budget is as follows:
Authorized Signature
Maii or fax to: Gloria Soto
Pima County, Kino Service Center
2797 East Ajo Way, 3�d Floor
Tucson, AZ 85713
Fax Number: 520-243-6796
Revised June 10, 2008
Date
16
EXHIBIT F
�
PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FY2012-2013 CONTRACT #
�
TOWN OF MARANA
. ADMINISTRATION, EMERGENCY HOME REPAIR, GRAFFITI ABATEMENT PROGRAM, COLONIA-NEIGHBORHOOD
CLEANUP PROGRAM AND OWNER-OCCUPIED HOUSING REHABILITATION
Please include:
1. A written justification for the modification for the line item(s) you wish to change; and
2. A new billing request with the requested change.
Budget change request must be limited to 10% of the total IGA amount and submitted within 30 days of the request.
Requests for budget change may not be accepted after July 7, 2013.
Please include the following:
Date:
Name of person requesting change:
Activity Budgeted Requested Balance Available
Modification
Administration $15,000.00
Emergency Home $25,000.00
Re air
Graffiti Abatement $12,000.00
Pro ram
Colonia- $10,000.00
Neighborhood
Cleanu Pro ram
Owner-Occupied $28,000.00
Housing
Rehabilitation
Total Bud et $90,000.00
The reason tor tne cnanges to our puaget is as roiwws:
Authorized Signature
Mail or fax to: Gloria Soto
Pima County, Kino Service Center
2797 East Ajo Way, 3� Floor
Tucson, AZ 85713
Fax Number: 520-243-6796
Revised June 10, 2008
Date
16
4 _>_ .
y r
.. . � r� y " . .
�7�� �' `�� t�
PIMA COUNTY COMMUNITY DEVELOPMENT AND NEIGHBORHOOD CONSERVATION DEPARTMENT
INTERGOVERNMENTAL AGREEMENT AMENDMENT NUMBER 1
PROJE�T NAME: Management and Implementation of the Community Development Block Grant Program
CONTRACTOR: Town of Marana
11555 West Civic Center Drive c Q N � A C-�
Marana, AZ 85653
Contract Number:
Resolution Number:
FUNDING:
01-70-M-143632-1010
2011-3
CDBG GRANT
DISTRICT NO.: 3
N� �U Udoad
AMENDMENT N0. Q �
1'his number must appear on ali
invoic8s, correspondence and
dacuments pertaining to this
GtlritfiBCt.
C�
ORG. CONTRACT TERM: 10/01/10 to 12/31/11 CONTRACT AMOUNT: $115,000.00
TERMINATION DATE PRIOR AMENDS: AMOUNT PRIOR AMENDMENTS: $ -0-
TERMINATION DATE THIS AMEND: 12f31/12 AMOUNT THIS AMENDMENT: $-0-
REVISED CONTRACT AMOUNT: $ -0-
INTERGOVERNMENTAL AGREEMENT AMENDMENT
WHEREAS, on 'January 4, 2011, the Board of Supervisors approved an Intergovemmental Agreement (IGA) for $115,000.00,
consisting of federal Community Development Block Grant (CDBG) funds, to TOWN OF MARANA (TOWN) to provide funding for
management and implementation of the Community Development Biock Grant Program described in the Project Summary attached as
Exhipit A to original IGA, and • •
WHEREAS, the IGA expires on December 31, 2011 before the projects will be completed and IGA funds are not fully expended; and
WHEREAS, COUNTY and TOWN desire to extend the IGA term in order to comptete the remaining IGA activity; and
WHEREAS, the through the Community Development and Neighborhood Conservation Department has received CDBG funds from
the U.S. Department of Housing and Urban Development to provicle for CDBG projects in low and moderate income county
communities; and
WHEREAS, TOWN'S projects described in the Project Summary attached as Exhibit A to the original IGA are an appropriate use of
CDBG funds.
NOW, THEREFORE, it is agreed as follows:
1. ARTICLE 4— TERM, First paragraph is amended ta change the termination date:
From: 31 �` day of December, 2011
To: 31 day of December, 2012
REMAINDER OF PAGE INTENTIONALLY �EFT BLANK
. -� �
. ..
{ ,,�_ .
. Ali other provisions of this IGA, not specifically changed by this amendment, shail remain in effect and be binding upon the parties.
�his amendment shall bG effecti upon execution by the Chairman, Board of Supervisors, provided that it has been previously
executed by t�TO�1VN. \ "
IN �
and
PIMA
Ch:(irrrsan, Board of Supervisors
DATE:_ AUG � 20�2
ATTEST:
� � l
Clerk of t Bo
�ate: �116 8 7 2012
IGA
/
, tr�par� do hereby affix their signatures and do hereby agree to carry out the terms of this Amendment
TOWN OF A
�� `.-:..-
Mayor.
DATE: �'� C ! '" � ~�
RE ED BY: � • ��
Director, Co unity Development and
Neighborho Conservation Department
/ ,
I,�t�at/r /.�1�� �.! i
r'•( �
�
..-
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S.
§11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the
laws of the State of Arizona to those parties to the Intergovemmental Agreement represented by the undersigned.
PIMA COUNTY TOWN OF ARA
l . ���_
De County ttomey Attom
Date: (p _ 1�— L Z. D e: . CO �
0
— . -�
:: •
PIMA COUNTY
PROJECT NAME:
CONTRACTOR:
Contract Number:
Resolution Number:
FUNDING:
C�NTRACT
NO,L���'� l aeaao �a �o �
AMENDMENT N0. D �►
This number must appear on all
a ---�- : ---•
Management arrd lmplementati
Town of Marana
11555 West Civic Center Drive
Marana, AZ 85653
01-70-M-142420-1009
;-
CONSERVATION DEPARTMENT
JT NUMBER 2
>ment Block Grarrt Program
2009-273 recorded in the Office of Pima County Recorder on November 10, 2009 in Docket 13682, Rage
2170
CDBG GRANT
DISTRICT NO ---- 3 -------- ----------------------------•---------------------------------------------------------------•-------------------- 1
ORG. CONTRACT TERM: 10L01/09 to 12/31I10 CONTRACT AMOUNT: $130,000.00
TERMINATION DATE PRIOR AMENDS: 12/31/11 AMOUNT PRIOR AMENDMENTS: $ -0-
TERMINATION pATE THIS AMEND: 12/31l12 AMOUNT THIS AMENDMENT: $-0-
REVISED CONTRACT AMOUNT: $ -0-
INTERGOVERNMENTAL AGREEMENT AMENDMENT
WHEREAS, on November 3, 2009, the Board of Supervisors approved an Intergovernmental Agreement (IGA) for $13U,000.00,
consisting of federal Community Development Block Grant (CDBG) funds, to TOWN OF MARANA (TOWN) to provide funding for
management and implementation of the Community Development Block Grant Program described in the Project Summary attached as
Exhibit A to original IGA, and
WHEREAS, the IGA expires on December 31, 2010 before tl�e projects will be completed and IGA funds are noYfully expended; and
WHEREAS, COUNTY and TOWN desire to exfend the IGA term in order to complete the remaining IGA activity; and
WHEREAS, the through the Community Development and Neighborhood Conservation Department has received CDBG funds from
the U.S. Department of Housing and Urban Development to provide for CDBG projects in low and moderate income county
cammunities; and
WHEREAS, TOWN'S projects described in the Project Summary attached as Exhibif A to the ariginal IGA are an appropriate use of
CDBG funds.
NOW, THEREFORE, it is agreed as follows:
1. ARTICLE 4— TERM, First paragraph is amended to change the termination date:
From: 31 g ` day of December, 2011
Ta 31 S � day of December, 2012
REMAINDER OF PAGE INTENTIONALLY LEFT BIANK
� R
� •
I�
u �'
0
>
Ali other provisions of this IGA, not specifically changed by this amendment, shall remain in effect and be binding upon the parties.
This amendment , shall be effective upon execution by the Chairman, Board of Supervisors, provided that it has been previously
executed by the TOWN.
IN WITNESS HERE F, th pa es�j hereby affix their signatures and do hereby agree to carry out the terms of this Amendment
and of#he or' inal cited h r'. // /
�
�.7 ► .'f _
Chai�n� Board of Si
AUG
DATE:
ATTEST:
Clerk o he B r
��
oate: AUG 0 7?. Qfi2
REV EQ BY: �
` � iH�►.�.._._
Director, Com nity Development and
Neighborhood nservation Department
TOWN OF MARA
�
Mayor:
DATE: � , j � � �
EST: C /;1
\ . 9 //
' own Clerk
Date: ! ` / �' �.�—
The foregoing Intergovemmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S.
§11-952 by the undersigned, who have determined that it is in proper form and is within�the powers and authority granted under the
laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned.
PIMA COUNTY TOWN OF A
� -
e oun �e
tY Y T A r e
Date:�,=1, — 12 ate: O