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Home My WebLink AboutResolution 2006-170 IGA with pima county for the 2006-2007 CDBG program MARANA RESOLUTION NO. 2006-170 RELATING TO COMMUNITY DEVELOPMENT: APPROVING AND AUTHORIZING FULL EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the Town of Marana recognizes the need to provide safe affordable housing, neighborhood infrastructure, and parks for its citizens and has applied for Community Development Block Grant (CDBG) for these purposes; and WHEREAS, Pima County has submitted an application to the to the U.S. Department for Housing and Urban Development for the 2006-2007 CDBG funds to include the Town of Marana's request for funding; and WHEREAS, in the event that HUD approves Pima County's 2006-2007 CDBG Consolidated Plan Annual Update, it is the desire ofthe Town of Marana and Pima County that the Town's allocation ofthe grant be implemented; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the intergovernmental agreement with Pima County be approved, provided that, as a condition precedent to the agreement becoming effective, HUD must approve Pima County's 2006-2007 CDBG Consolidated Plan Annual Update; and BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2006-2007 CDBG Consolidated Plan Annual Update, the Mayor ofthe Town of Marana is authorized to execute the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of November, 2006. MaYorEfiea~ 'S.\r~ nUt!II" ""~ OF M~ ~~ ~... ~,~\\\"m",/~~~ ~ ~~ ~~~~ ::: p ~ CORPORATE \"? ~ ~r-:: cxx:> .....- _ = =SEALS :: ~ ~ ;: ~ """;;' S-.o ~ ~ ~ ~ ~ ~/l U\\\~ ~ g\,~ RESOLUTION NO. 2006 - RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT IN THE AMOUNT OF $170,000.00 WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THAT INCLUDES ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, AND HONEA HEIGHTS NEIGHBORHOOD PARK. WHEREAS, Pima County has submitted an application consisting of the Annual Action Plan 2006-2007 to the U.S. Department of Housing and Urban Development ("HUD") for 2006-2007 Community Development Block Grant ("CDBG") funds; and WHEREAS, in the event that HUD approves Pima County's 2006-2007 Annual Action Plan, it is the desire of Pima County and the Town of Marana that the Town of Marana's allocation of the grant be implemented by the Town of Marana. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY that the accompanying Intergovernmental Agreement ("Contract") in the amount of $170,000.00 for the management and implementation of the CDBG Program that includes Administration, Housing Rehabilitation, Affordable Housing Land Acquisition, and Honea Heights Neighborhood Park with the Town of Marana be approved, provided that, as a condition precedent to the Contract becoming effective, HUD must approve Pima County's 2006-2007 Annual Action Plan; and BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2006-2007 Annual Action Plan, the Chairman of the Board of Supervisors is authorized to execute the Intergovernmental Agreement and any related documents necessary to implement the agreement. PASSED AND ADOPTED ON PIMA COUNTY, A Body Politic & Corp. ATTEST Chairman, Board of Supervisors Clerk, Board of Supervisors APPROVED AS TO FORM: ~~~M~' "D ty County Attorney o "Z. -T\8 - 0(,. INTERGOVERNMENTAL AGREEMENT 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 ARS.~ 11-951, et seq. B. COUNTY is authorized by AR.S. ~ 11-254.04 to spend public monies to improve the economic welfare of the inhabitants of the COUNTY. C. TOWN is authorized by ARS. ~9-500.11 to expend public monies for and in connection with economic development activities. D. COUNTY and TOWN are authorized by ARS. ~ 36-1403 to exercise certain powers relating to housing projects. E. COUNTY applied for and received funds from the United State Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD ACT), Public Law 93-383. F. COUNTY through its annual Community Development Block Grant (CDBG) proposal process for federal year 2006-2007, required all applicants to submit a proposal for each of their projects that they would like to be considered for funding. G. TOWN submitted a response to COUNTY under solicitation number CDNC-12-1-05-CDBG-ESG-OA. H. COUNTY submitted its 2006-2007 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), which included the TOWN'S proposal. I. COUNTY has determined that the TOWN is qualified and willing to provide the proposed services. J. COUNTY finds that it is appropriate to provide CDBG funds for TOWN'S program. NOW THEREFORE, COUNTY and TOWN, pursuant to the above, and in consideration of the matters and things hereinafter set forth, 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 herein as Exhibit A. 2. Scope. TOWN shall: A Use the CDBG funds provided through this IGA in accordance with terms of: the 2006-2007 Annual Action Plan ("Plan") submitted by COUNTY to HUD for CDBG funding; the Certifications that were submitted concurrently with the Plan; and, with the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program contained in Exhibit D and fully incorporated herein. B. Perform in accordance with the Project Summary Exhibit A set forth in this IGA The work under this IGA must be performed to the satisfaction of the COUNTY. C. TOWN shall comply with the Special Agency Conditions set forth in Exhibit B. Revised August 06 1 D. TOWN shall undertake the same obligations to the COUNTY, as the COUNTY does to HUD pursuant to said Plan and assurances. TOWN will hold COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any failure on the part of TOWN to fulfill any obligations to HUD. 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. These objectives include: benefit to low- and moderate-income persons; aid in the prevention or elimination of slums or blight; and meeting community development needs having a particular urgency. F. Warrant compliance with the Town's Certification contained in Exhibit C and the Intergovemmental 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. G. Employ suitable trained and skilled personnel to perform all services under this IGA. H Provide quarterly and annual program reports on the COUNTY web based reporting system at http://www.pima.Qov/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 on the following dates for the preceding quarter: a) January 31 b) April 30 c) July 31 d) October31 2. The quarterly reports shall include: a) Demographic information including client's address; income level; family size; race; whether the family is female- headed household; services provided; and, whether anyone in the family is elderly or handicapped. b) A narrative of the program's accomplishments; problems or concerns impacting the achievement of the program's goals and objectives during the past quarter; and, an output and outcome report. 3. The annual report shall include a community impact narrative, demographic information and a financial report. TOWN shallsubmitthe annual report no later than January 31, 2008. I. 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, the COUNTY agrees to reimburse TOWN in an amount not to exceed $170,000.00: A. Budget: Administration Housing Rehabilitation Affordable Housing Land Acquisition Honea Heights Neighborhood Park $ 25,000.00 $ 40,000.00 $ 30,000.00 $ 75,000:00 B. The total amount of this IGA is $170,000.00. 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. No funds other than the CDBG funds earmarked for TOWN'S projects as set forth in this IGA will be expended or advanced by the COUNTY. The following conditions shall apply: a. All of TOWN'S activities under this IGA must comply with the budget to be eligible for payment. 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. Revised August 06 2 c. TOWN shall submit monthly requests for reimbursement no more than 30 calendar days following the end of each month except requests for payment for expenses occurring in May must be submitted by June 15; and an estimate for expenses occurring in June must be submitted prior to July 7. d. All requests for payments shall be on the form set forth in Exhibit E. Each monthly request for payment shall include: i. 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/or checks (front and back) or 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. Any requests to modify the current fiscal year budget line item amounts must be submitted to COUNTY and must: i. Include invoices for the requested change; and ii. Be for expenditures made within 60 days of the date of the request. 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 ten (10) 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. Within sixty (60) days after the end of the month in which expenses were incurred in the months of October through March; 2. No later than June 15 for expenses incurred in April and May; 3. No later than July 6 for expenses incurred in June; 4. Within sixty (60) days for expenses incurred in July through November; and 5. No later than January 31, 2008 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 shall, at its sole discretion, determine whether it will require TOWN to: 1. Refund to COUNTY the excess amount received. TOWN shall refund the excess amount received to COUNTY within thirty (30) days of receipt of the request from COUNTY; or, 2. Provide, for no additional reimbursement, additional units of IGA services during the following IGA term, if any. Such additional units of service must be provided in a number equal to the excess amount received by TOWN divided by the unit fee in effect at the time the excess funds were provided to TOWN. I. To the extent permitted by HUD regulations, TOWN may be paid for planning and administration activities occurring after July 1,2006. All planning and administration costs not used by the end ofthe next fiscal year, June 30,2007, shall be forfeited. J. For the period or record retention required under Article XVIII, COUNTY reserves the right to question any payment made under this Article 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. 2006 and shall be recorded with the Pima County Recorder following execution by both parties. Except as otherwise provided in this IGA, this IGA shall terminate on December 31. 2007 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. Revised August 06 3 5. Termination. A. Termination: 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, except that if the Community Development Block Grant from the Department of Housing and Urban Development under which this IGA is made, is terminated or the amount of the grant reduced, the County, shall thereupon have the right to terminate or reduce the IGA dollar amount of this IGA by giving the TOWN written notice of such termination and specifying the date thereof at least fifteen (15) days before the effective date of such termination. In the event of termination under this paragraph, the COUNTY'S only obligation to TOWN shall be payment for services rendered prior to the date of termination. B. Suspension for Cause: COUNTY may suspend operations and payments under this IGA immediately for violation of IGA contractual requirements, unsafe working conditions, violation of Federal or State law, or lack of reasonable progress in accomplishing objectives and schedules contained in this IGA. C. Administrative Suspension: COUNTY may temporarily suspend operations and payments under this IGA immediately at any time if the Pima County Board of Supervisors or Administrator determines that it is in the COUNTY'S best interest to suspend this IGA. In the event of such suspension, TOWN shall assist COUNTY by providing information and documents to evaluate the status of the IGA and whether it should be continued. 6. Disposal of Property. Upon the termination of this IGA, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this IGA, nor affect any ownership of property pursuant to IGA. 7. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) 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. 8. 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. 9. Non-Discrimination. The parties shall not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this IGA. The parties shall comply with the provisions of Executive Orders 75-5, as amended by Executive Order 99-4, which is incorporated into this IGA by reference as if set forth in full herein. 10. ADA TOWN shall comply with all applicable provisions ofthe American with Disabilities Act (Public Law 101-336, 42 U .S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 36 and 36. If TOWN is carrying out a government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to 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. 11. 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. Revised August 06 4 12.. ConfliCt of Interest. This IGA is subject to cancellation for conflict of interest pursuant to A.R.S. 9 38-511, the pertinent provisions of which are incorporated herein by reference. 13. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining this IGA. In the event of such cancellation, COUNTY shall have no further obligation to TOWN, other than for payment of services rendered prior to cancellation. 14. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 15. Worker's Compensation. Each party shall comply with the notice of A.R.S. 923-1022(E). For purposes of A.R.S. 9 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 16. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between COUNTY and any TOWN employees, or between TOWN and any COUNTY employees. Neither party shall be liable 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. 17. 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 affect the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 18. 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 Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3'd Floor Tucson, AZ. 85713 Ed Honea Town Mayor 11555 West Civic Center Drive Marana, AZ 85653 With copies to: C.H. Huckelberry County Administrator 130 West Congress Street, 101h Floor Tucson, AZ 85701 Lori Godoshian Clerk of the Board 130 West Congress Street, 5th Floor Tucson, AZ 85701 19. 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 un this IGA, which shall be open at all reasonable times for inspection and audit by duly authorized representative of COUNTY. Such records shall include, but are not limited to: 1. Records providing a full description of each activity taken; Revised August 06 5 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 the COUNTY'S annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. TOWN must comply with Section 570.506 "Records to be Maintained" of the Community Development Block Grant Program - Entitlement Grant Regulations. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised August 06 6 20. 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 resolution of the Board and attested to by the Clerk of the Board, and TOWN has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by: Chairman, Board of Supervisors Date: TOWNflll~ Mayor II fl I Date: - () (J"'() " PIMA COUNTY Clerk of the Board Date: ~~ To : ,..:1 II /)6 ATTEST APPROVED AS TO CONTENT :U;. lk Itf(' lopment and Neighborhood Conservation Director The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. 911- 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. Deputy County Attorney Date: PIMA COUNTY Revised August 06 7 EXHIBIT A PROJECTS SUMMARY See attached for each project: Administration Housing Rehabilitation Affordable Housing Land Acquisition Honea Heights Neighborhood Park Revised August 06 8 CPMP Version 2.0 Grantee Name: PIMA COUNTY Project Name: ITown of Marana - Administration Description: I IIOIS Project #: 134 IUOG Code: 14019 Administration of the CDBG program Location: 11555 West Civic Center Drive, I D Marana, Az 85653 in the Marana Select one: Planning/Administration I~ designated colonia. Expected Completion Date: (09/~W2007)' .. . - Objective Category o Decent Housing o Suitable Uvin9 Environment o Ee;onomic Opportunity Explanation: Local Government . . Out.come Categories o Availability/Accessibility o Affordability '0 Sustainability ~__l.triiit~it.._~~Lif4ii1trit(~.f.r'~~~ '.~.~';~: <<~!JII['" . I... I... I... 1 2 VI Accompl. Type: \... Proposed Accompl. Type: I... Proposed ..., Underway Underway _c QJ QJ N/A Complete Complete > E .!J: Accompl. Type: I... Proposed Accompl. Type: \... Proposed I. VI -U= Underway Underway QJ C. Complete Complete 'S E &.. 0 Accompl. Type: \... Proposed Accompl. Type: I... Proposed D. u u c( Underway Underway . ... Complete Complete - Proposed Outcome Performance Measure Actual Outcome' 21A General Program Administration 570.206 I... Matrix Codes I... Matrix Codes I..... Matrix Codes Fund Source: \... Fund Source: I... Matrix Codes Matrix Codes 'I"f Fund Source: \..... I Proposed Amt. Actual Amount \... Proposed Amt. Actual Amount &.. fa QJ Fund Source: > E fa &.. Cl o &.. D. Accompl. Type: I v Proposed Units Actual Units Accompl. Type: \..... ,. Accompl. Type: I T Proposed Units Accompl. Type: I... Actual Units Project (34) 1 Proposed Amt. Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units Proposed Units Actual Units . [-... \... I... CPMP N CDBG I..,. Proposed Amt. 25,000 Fund Source: I..,. Proposed Amt. J.... Actual Amount Actual Amount ~ I..,. Proposed Amt. I..,. Proposed Amt. CI.J Fund Source: Fund Source: >- Actual Amount Actual Amount E -, ~. - ---._--- - ~- -- '- '___."_. ".__n__ -- -_.- ---- ..- - -.. .- . _..~ - .." -~. - ~ Accompl. Type: I..,. Proposed Units Accompl. Type: I..,. Proposed Units J.... C'I Actual Units Actual Units 0 Accompl. Type: I..,. Accompl. Type: I..,. J.... Proposed Units Proposed Units c.. Actual Units Actual Units I... Proposed Amt. -. I... Proposed Amt. ...."....-"....-.,-.. -. M Fund Source: Fund Source: J.... Actual Amount Actual Amount ~ I... Proposed Amt. I..,. CI.J Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E - - .' -- ."- - . ~ - - ..~- . -.-.".- --,_..- -- - "' .. .. I'tI Accompl. Type: I..,. Proposed Units Accompl. Type: I.... Proposed Units J.... C'I Actual Units Actual Units q-O-- Accompl. Type: I v Accompl. Type: I v J.... Proposed Units Proposed Units c.. Actual Units Actual Units 'It Fund Source: I... Proposed Amt. Fund Source: Iv Proposed Amt. J.... Actual Amount Actual Amount I'tI \.... I.... CI.J Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- E Actual Amount Actual Amount .0- I'tI Accompl. Type: I.... Proposed Units Accompl. Type: I.... Proposed Units J.... C'I Actual Units Actual Units 0 Accompl. Type: I.... Accompl. Type: \.... J.... Proposed Units Proposed Units Co Actual Units Actual Units In Fund Source: I..... Proposed Amt. Fund Source: \.... Proposed Amt. 1.0 Actual Amount Actual Amount I'tI I..... I.... CI.J Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- E Actual Amount Actual Amount I'tI Accompl. Type: I..... Proposed Units Accompl. Type: I.... Proposed Units 1.0 C'I Actual Units Actual Units 0 Accompl. Type: I.... Accompl. Type: I.... 1.0 Proposed Units Proposed Units c.. Actual Units Actual Units Project (34) 2 CPMP CPMP Version 20 Grantee Name: PIMA COUNTY Project Name: ITown of Marana - Housinq Rehabilitation Proqram Description: I, IIDIS Project #: 137 IUOG Code: 14019 Rehabilitate '10 owner occupied homes of residents who are low to moderate income. Location: , Census tract 44.06, Block Group 1 I B in the Marana designated colonia. Select one: Owner Occupied Housing ..... Expected Completion Date: ,. 6/30/2007, , , .;.. O\>jective Category @ Decent Housing o Suitable Living Environment o EConomic Opportunity Explanation: Local Government . Outcome Categories o Availability/Accessibility o Affordability o Sustainability 1l1lP.it ~:'::'iR~.f_lI"1.~iij{tlt'a'llt:~Z:'.,'~_~ 1 Improve the quality of owner housing ..... I 2 3 ..... ..... 10 Housing Units \..... Proposed 10 Accompl. Type: \..... Proposed Ul ..., Underway Underway - C OJ OJ Complete Complete > E I..... ., I..... ..!J: Accompl. Type: Proposed Accompl. Type: Proposed I Ul 1J= Underway Underway OJ Q. Complete Complete '0' E , , a- 0 Accompl. Type: I..... Proposed Accompl. Type: \..... Proposed a.. u u Underway Underway c:t " Complete Complete Proposed Outcome Performance Measure Actual Outcome #hsg units focused on imprved 10 quality or access to housing pf Fund Source: I..... Proposed Amt. a- Actual Amount 1'0 I... Proposed Amt. OJ Fund Source: > Actual Amount E " '. - ., .. , --- - ~...._-- -. 1'0 Accompl. Type: \... Proposed Units a- tn Actual Units 0 Accompl. Type: I v a- Proposed Units D. Actual Units I..... Matrix Codes I... Matrix Codes I..... Matrix Codes Fund Source: \..... Proposed Amt. Actual Amount Fund Source: \..... Proposed Amt. Actual Amount \..... I..... r..... 14A Rehab; Single-Unit Residential 570.202 Matrix Codes Matrtx Codes Accompl. Type: I... F'roposed Units Actual Units Accompl. Type: \..... ;~roposed Units , Actual Units Project (37) 1 CPMP N CDBG I... Proposed Amt. 40,000 L\, Fund Source: \... I Proposed Amt. I- Actual Amount kF+ Actual Amount ra I... I... Proposed Amt. Q} Fund Source: Proposed Amt. Fund Source: >- Actual Amount Actual Amount E .~ -'--. _. -.--- ".'u .____ -- ..- - . -- -- ,<.'- . ."- ".- 10 10 Housing unitsl... Proposed Units 10 Accompl. Type: \... Proposed Units I- C'l Actual Units Actual Units 0 Accompl. Type: I... Accompl. Type: I... I- Proposed Units Proposed Units Q. Actual Units Actual Units \.... Proposed Amt. --",-.,'--' .... --. I... Proposed Amt. ..-....".,.,..,....,.,.. -. ...,-....-.. M Fund Source: Fund Source: I- Actual Amount Actual Amount 10 I... r... 4.l Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- E Actual Amount Actual Amount -~., ...- - --- - . .u__ __ _ _. 10 Accompl. Type: I... Proposed Units Accompl. Type: \... Proposed Units I- C'l Actual Units Actual Units -.e-- Accompl. Type: I v Accompl. Type: T... I- Proposed Units Proposed Units c.. Actual Units Actual Units o:t Fund Source: \... Proposed Amt. Fund Source: \.... Proposed Amt. I- Actual Amount Actual Amount ra I... T... CD Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- E Actual Amount Actual Amount .-- - ra Accompl. Type: I... Proposed Units Accompl. Type: I... Proposed Units I- C'l Actual Units Actual Units 0 Accompl. Type: \... Accompl. Type: T... I- Proposed Units Proposed Units D- ..- Actual Units Actual Units 10 Fund Source: I... Proposed Amt. Fund Source: \... Proposed Amt. I- Actual Amount Actual Amount ra I... I... CD Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- E Actual Amount Actual Amount ra Accompl. Type: I... Proposed Units Accompl. Type: T... Proposed Units I- en Actual Units Actual Units 0 I- Accompl. Type: \... Proposed Units Accompl. Type: I... Propose~ Units D- Actual Units Actual Units Project (37) 2 CPMP Project Name: ITown of Marana - Affordable Housing Description: I 11015 Project #: 135 I UOG Code: 14019 Purchase of land in which a home will be constructed and sold to first time homebuyer who meets program requirements and who is low to moderate income household. A total of 1 lot will be purchased. Location: 1~~1if'j~~f~~!~~f~~1yjtfrj~~1f~~~1f;~rg~i1i:dil!~N~l!ii~iJ~~liiMlf~{~~~}*i~llml~II1~~ti~?!1il~~;$~}.. Census tract 44.06, Block Group 1 I Owner Occupied Housing EJ and Census tract 44.08, Block Select one: Group 3, in the Marana designated colonia. Explanation: Expected Completion Date: Local Government 6/30/2QQ7 .- ... ObjectiVe category @ Decent Housing o Suitable uving Environment o Economic Opportunity .~'If..~~'~l1lf!.i~~1fiil~.~1IlBtkl~~' - _.:.~~ r ,.wjjJ,~"j~ ,~1.~~i>~:~ 'r:., :"'iL""j:1~:liZ':;w., jlg~l".~ ,._~.~~. "= '.'~' .' ; .":'~] Outcome Categories 1 Increase the availability of affordable owner housing ... o Availability/Accessibility 1...1 o Affordability 2 o Sus1:alnability 3 \...\ _. vi 10 Housing Units I... Proposed 1 Accompl. Type: I... Proposed oIJ Underway Underway Gi C GJ Complete Complete > E GJ \... I... "j .c Accompl. Type: Proposed Accompl. Type: Proposed 'tl .!! Underway Underway GJ Co Complete Complete ...., E 0 J. 0 I... Proposed I.... Proposed D. u Accompl. Type: Accompl. Type: u Underway Underway < Complete Complete Proposed Outcome Performance Measure Actual Outcome # of housing units completed in 1 this project 01 Acquisition of Real Property 570.201(a) I.... Matrix Codes I... Matrix Codes I.... Matrix Codes \... Matrix Codes I.... Matrix Codes I.... " Fund Source: I... Proposed Amt. Fund Source: \.... Proposed Amt. J. Actual Amount Actual Amount In I.... Proposed Amt. \.... QJ Fund Source: Fund Source: Proposed Amt. > E Actual Amount Actual Amount , --, - --- - ,-- .- --- m Accompl. Type: I'V Proposed Units Accompl. Type: I.... Proposed Units J. Cl Actual Units Actuai Units e Accompl. Type: I.... Proposed Units Accompl. Type: I.... Proposed Units D. Actual Units Actual Units CPMP Version 2.0 Grantee Name: PIMA COUNTY Project (35) 1 CPMP N CDBG I..... Proposed Amt. 30,000 Fund Source: I..... Proposed Amt. I- Actual Amount Actual Amount 10 \..... Proposed Amt. \..... Proposed Amt. Q) Fund Source: Fund Source: >- Actual Amount Actual Amount E 10 10 Housing unitsl..... Proposed Units 1 Accompl. Type: I..... Proposed Units I- Cl Actual Units Actual Units 0 Accompl. Type: 1..... Accompl. Type: \..- I- Proposed Units Proposed Units 0.. Actual Units Actual Units 1..- Proposed Amt. ,"--"- ..,,--.....,.. ..-.--" ....,... I..... Proposed Amt. ,..-....-,........ ... "'_"_"_',._, ,.0. M Fund Source: Fund Source: Actual Amount . Actual Amount l- ra I,.. Proposed Amt. 1..- Proposed Amt. Q) Fund Source: Fund Source: >- Actual Amount Actual Amount E -- -. .,~ .-. --- - _.~ __.._ _'_on - _..~- '" - - .~~- -. - ra Accompl. Type: 1..- Proposed Units Accompl. Type: 1..- Proposed Units I- Cl Actual Units Actual Units .0- Accompl. Type: \... Accompl. Type: \..... J- Proposed Units Proposed Units 0.. Actual Units Actual Units ~ Fund Source: \..- Proposed Amt. Fund Source: \.... Proposed Amt. J- Actual Amount Actual Amount ra \... Proposed Amt. \... Q) Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E - ra Accompl. Type: I. Proposed Units Accompl. Type: I.... Proposed Units J- Cl Actual Units Actual Units 0 Accompl. Type: I... Accompl. Type: 1..- J- Proposed Units Proposed Units 0. Actual Units Actual Units In Fund Source: I... Proposed Amt. Fund Source: \... Proposed Amt. J- Actual Amount Actual Amount 10 I... Proposed Amt. I'" Q) Fund Source: Fund Source: Proposed Amt. >- E Actual Amount Actual Amount - 10 Accompl. Type: I. Proposed Units Accompl. Type: \... Proposed Units .J- ~ Actual Units Actual Units 0 Accompl. Type: I... Accompl. Type: I'" J- Proposed Units Proposed Units 0. Actual Units Actual Units Project (35) 2 CPMP Grantee Name: PIMA COUNTY CPMP Version 2.0 Project Name: ITown of Marana - Honea Heights Neighborhood Park Description: I IIDIS Project #: 136 IUOG Code: 14019 Funds will be used to construct a neighborhood park in the Honea Heights area. Location: Honea Heights subdivision in the Marana designated colonia. I Public Fadliti~ B Select one: Expected Completion Date: 6/30{2007- ' r- Objective Category o Decent Housing @ Suitable Uving Environment o Economic Opportunity Explanation: Local Government Outcome Categories o Availability/Accessibility o Affordability o Sustalnability ~.!II~~~~.~~;i;~~~~i1k~~4~t~'Sjji~iiidll~~t~Ii",\, ": "'. " :."""'. ">-'.\'?~~1lJ!j ~~1~ .~1~J~:*t~~~j".~;,m'~.d1.f';~)d.o.$!t~t/~~~~,=J1~~~t ~. "':t.t>:,~..,JJ~~t~~,~,. '. "-'0"" ,... _. ' :J. I _,. Jj '" .,.~~~~ 1 Improve quality I increaSe quantity of neighborhood fadlities for low-Income persons I... \... r... 2 3 11 Public Fadlities I... III +J - C GJ IV > E ~.c I III u= GJ C. 'S E a.. 0 D. u u c( Accompl. Type: I... Proposed 1 Accompl. Type: Underway Complete Proposed Accompl. Type: Underway Complete Proposed Accompl. Type: Underway , Complete Performance Measure 400 I... Proposed Underway , Complete I... Proposed Underway Complete I... Proposed Underway Complete Actual Outcome Accompl. Type: I... Proposed Outcome # of persons assisted with access to new facility 03 Public Fadlitles and Improvements (General) 570.201(c) ... Matrix Codes T... ......,.... Matrix Codes ... Matrix Codes I... Matrix Codes ... Matrix Codes 1... 'I"'f l- ta GJ >- E I'tl I- tn' o !.. D. Fund Source: \... I Proposed Amt. Actual Amount Fund Source: I... Proposed Amt. Actual Amount Fund Source: \... I Proposed Amt. Actual Amount Fund Source: I... Proposed Amt. A-ctual Amount Accompl. Type: I~, lP.roposed Units 4i.'ttual Units Accompl. Type: I... "if:9Posed Units 4,i;tual Units Accompl. Type: I... Proposed Units Actual Units Accompi. Type: I... Proposed Units Actual Units :J":'r Project (36) 1 CPMP N CDBG I,.. Proposed Amt. 75,000 Fund Source: I,.. Proposed Amt. i.. Actual Amount Actual Amount I'tl \... Proposed Amt. I,.. Proposed Amt. Q) Fund Source: Fund Source: >- Actual Amount Actual Amount E -- - - - .-.- - - ~._..- . - '-- _.- h_ -.- - - ...-... --- - --_. ---. ---- to 11 Public FaCilitiej ... Proposed Units 1 Accompl. Type: I... Proposed Units i.. C\ Actual Units Actual Units 0 Accompl. Type: I... Accompl. Type: I... i.. Proposed Units Proposed Units D.. Actual Units Actual Units I~ Proposed Amt. ",,",.,.-..-..-.,",..:-,.., . ,'~'- I,.. _._.,..,_..;.__.~ "'___',_.",,_,._'H" M Fund Source: Fund Source: Proposed Amt. i.. Actual Amount Actual Amount I'tl I,.. Proposed Amt. I,.. Proposed Amt. <Ll Fund Source: Fund Source: >- Actual Amount Actual Amount E -- - -- - - .-. - - - I'tl Accompl. Type: \... Proposed Units Accompl. Type: I... Proposed Units i.. C\ Actual Units Actual Units --0-- i.. Accompl. Type: I v Proposed Units Accompl. Type: I,.. Proposed Units D.. Actual Units Actual Units 'It Fund Source: I,.. Proposed Amt. Fund Source: \... Proposed Amt. i.. Actual Amount Actual Amount I'tl I,.. Proposed Amt. I,.. Proposed Amt. Q) Fund Source: Fund Source: >- Actual Amount Actual Amount E - I'tl Accompl. Type: I,.. Proposed Units Accompl. Type: I,.. Proposed Units L. Cl Actual Units Actual Units 0 L. Accompl. Type: I... Proposed Units Accompl. Type: I,.. Proposed Units D.. Actual Units .... Actual Units In Fund Source: I,.. Proposed Amt. Fund Source: \,.. Propo~ed Amt. L. Actual Amount Actual Amount I'tl I,.. Proposed Amt. I,.. GJ Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E - I'tl Accompl. Type: I... Proposed Units Accompl. Type: I,.. Proposed Units L. Cl Actual Units Actual Units 0 L. Accompl. Type: I,.. Proposed Units Accompl. Type: I,.. Proposed Units D.. Actual Units Actual Units Project (36) 2 CPMP EXHIBIT B SPECIAL AGENCY CONDITIONS A. Modification 1) Modifications may be made to this Agreement in accordance with the following provisions: 2) All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and County policies and directives. Approval of modifications is at the sole discretion of County. 3) Major modifications shall be by written amendment signed by both parties. Major modifications include any which do the following: a) Change the purpose of the Agreement; b) Increase or decrease the compensation provided for in the Agreement; c) Change the term of the Agreement; d) Change the scope or assurances of the Agreement; e) Change any section of the Agreement 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. Minor modifications are changes in the Scope of Work or budget that do not change the purpose or total compensation of this Agreement and do not in any way increase the direct or indirect liability of the County under this Agreement. B. Procurement of Goods and Services: Town is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on the credit of the County. Town shall comply with OMB Circular No. A-122, - .Cost Principals for Non-Profit Organizations" (ifTown is a non-profit corporation) and OMB Circular No. A-110. 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 the County will constitute noncompliance with this IGA. If action to correct such substandard performance is not taken by the TOWN within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. 4). Town shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to the performance and impact of the projects, as described in the Projects Summary Exhibit A. D. Client Fees and Program Income: 1) Any program income generated and received by Town as a result of IGA services shall be kept by Town, used for the purpose of this IGA, and reported to County. 2) Town shall comply with Section 570.504 .Program Income", and Section 570.503 "Agreements with Subrecipients" ofthe Community Development Block Grant Program Entitlement Grant Regulations. Revised August 06 9 E. Identification Of Funding and Copyrights: 2) 3) All advertisements, real property, publications, printed and other materials which are produced by the Town and refer to services funded under this Agreement shall clearly attribute "PIMA COUNTY" and the Community Development Block Grant Program in the following suggested format: Funded by: Pima County and the Community Development Block Grant Program Reference to Pima County shall be displayed at least as prominently as other credited funding sources. Town shall not copyright any materials or products developed through IGA services or IGA expenditures without prior written approval by the County. Upon approval, the federal government and Pima County shall have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 1) 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) Federal Requirements (applicable if Federal funds are involved): a) If Town is a state, local government or non-profit organization which expends $500,000 or more offederal funds during the year, then, Town shall comply with OMB Circular A-133 (31 U.S.C. 9 503, 1111,7501 et seq. And Executive Orders 8248 and 11541) and includes the compliance supplement OMB Circular A-133, "Audits of State and Local Governments and Non-Profit Organizations." b) If total expenditures of Federal awards are greater than $100,000 but less than $500,000 then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required annually. If total Federal expenditures are $100,000 or less, but at least $50,000, then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required bi-annually. Towns with total expenditures of Federal awards less than $50,000 do not have an annual audit requirement. 2) State of Arizona Audit Requirements: NOT APPLICABLE 3) Additional County Requirements: a) Town shall establish and maintain a separate, identifiable accounting of all funds provided by County pursuant to this agreement. b) County may require any Town to provide a program-specific or financial audit at any time by providing written notice to the Town. Such notice shall specify the period to be covered by the audit, the type of audit and the time for completion and submission of the audit. c) Audits provided under sections A and B of this section shall be performed by a qualified, independent accounting firm and shall be submitted to the county within six months of the close of the IGA period being audited. Any Audit shall include any response Town wishes to make concerning any audit findings. Audits shall be submitted to: Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3rd Floor Tucson AZ 85713 d) Town shall pay all costs for audit and county shall not be responsible for audit costs. Grant funds may be used to pay for audit provided the cost is allowable under the appropriate federal or state grant law and the cost is specifically included in the grant budget approved by the county. END OF SPECIAL AGENCY CONDITIONS Revised August 06 10 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" (if agency is non-profit organization). 13) OMB Circular A-110, A-87, and A-21. 14) Subpart K of the Community Development Block Grant Program Entitlement Regulations. 15) 570.200(J) First Amendment Church/State Principles of the Community Development Block Grant Program Entitlement Regulations. 16) 570.503(b)(6) Prohibition Against Religious Activities. 17) 570.503(b)(8) Reversion of Assets Revised August 06 11 EXHIBIT 0 Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program See attached: Resolution No. 2004-130 Resolution NO. 2004-30 IGA NO. 01-39-M-134204-0704 Revised August 06 12 ;::;7:-:-n-=::7i;; , --..-----_. ... .- ..... . . ..'.C' ..." - .'.: :..:.;~;.;.::.-;.;.::-",::_~--.;:.=:=.~..:.::....:..;::-_-::.?-:-. . .P0230 PIMA CO PICKUP PICKUP R.110UNT P1I_ID _J._,uO.OO RESOLUTJON NO. 2004- 130 -RESOLUTiDN OF -THE. BOARD OFSUPERVlSORS OFPfMA'COUNTY,'ARIZoNA':i\UTfioRJ:zifrG"'- EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN E:'MA COUN,TY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM. ....~~~ WHEREAS, County and T()"Yn'may~oritr~ct for services and enter into. agreements with 'One another for joint or cooperative action pursuant to AR.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 activitj~s as' authorized under the Housing ~nd Community Development Act of 1974. and subsequent amendments; and -' WHEREAS, County and Town do hereby find and determi,!e that it is in the best interest of the residents of the unincorporated areas of the County and of the' Town of Mara'na that housing and community development activities be 'performed"jointly in accordance with the prov!slons--,of this Agreement and that the U.S. Department of Housing and Urban Development (HUD) recomm~nqs th;3t expenditures of funds for' each P4rpose be ori an Urban County basis; and ' ' 0, .~;.._ 1. :2 U t?J e ~ '~ m WHEREAS, it is niutually beneficial to each of the parties hereto for the County to administer and execute the provisions of the Agreement in acc'ordance with the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law; now, therefore BE IT RESOLVED BY THE BOARQ OF SUPERVISORS OF PIMA COUNTY, ARIZONA, as follows: . 1. The Intergovernmental :Cooperative Agreement between Pima County and the Town of . . Macan.aforlb.e-Cpo:u:tlunity..Dav-elopme,r::tt.Block.8rog,r:am and Home; 1-nv.es.tme,R-t.,f2aFtner-s-J:J.i'!3 Program is her~by" apP~9ved; and { 2. The Chair of the B9ard' of Supervisors is hereby instructed and autho~ized to sign the . Int€?rgo~ernmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED AND ADOPTED ON THIS 1st PIMA COUNTY, A Body Politic & Corp DAY OF LTUNE , 2004 1 2 ""7 J 4 ~l ~Un ~~~ Chair, Board. of Supervisors JUN 1 2.004 APPROVED AS TO FORM: _ ~t? ddl1 Deputy County Attorney 0(" .. : J:- ,I. ..... ATT~'~~ . "'.. , .' ..' .~..... '.!~ 0 _~.:~.o'... :\.:. : 0':-:' ~o '.. ' 0 ~ ~Ierk of the Bpar-d-, .....,: , ",)/;~~~\;#~t ~ -. - __ 0 0 f,;l :2 8 ~~ :3 Orig:inaI 1 of 4 ': -~ ~~~J-J (f EXHIBIT A 5.:~:~=~..~._,~~."-~:~-j:~~>:_~;..~:~,_::~<~~.-~~~>~"ii~~~~~~;~-~; ~ ~ - - ~6r-fri-ahlW '# '. .' ". . Resb!utfOn # ~ <f - -?! .- ~~iJ()A(b. k(l./'r. . '. (7)~ __2)L . GI" '~R1-". Data I '.J - Ii -- srK {J _ : p' 01cJ71~ , l\1ARtLNARESOT.UTION NO. 2D04-3if , , . .. - .. - .d . - -.. - .. . ' , RELA TlliG TO HOUSlliG;. AUIHORIZJNG THE TOWN OF MARANA, ARIZONA, TO ENTER INTO AN INTERGov:ER.NM:ENrAL AGREETYfENT WITH PIMA 'COUNTY FOR >,.. TBE~OMMuNJrYDR.YEI-O~M;ENT BLQCK GRA])IT(CDBG) 'PROG~,ANDH6MJ;;' ~ lNVESTMENr P ARTNERSHIP.'PROGRAM, " ..' , , , . ", . ., WHEREAS, the County and Town m?-y contract for services and enter into agreements with one another for joint or cooperative action pursuant to AR.S. '9 '11-951', et seq.; and , WHEREAS, it is necessary to enter into an intergovernm~~tal agreement in order to meet the requirements ofilie Housing 2.L"ld Conimunit-y Development Ad of 1974 and subsequent amendments;' and :.; ~ WHEREAS, the Countj and Town desire to e~gage in houi,ing and community development activities as authi?rized under the Housmg and Comri:iUnity D~velopment Act of 1974,@Q.,S\lbsequent amendments;'and " , WHEREAS, the County and Town do hereby find and determine that it is in the best interest of the residents of the unincoIporated -areas of the County and Qfthe Town. of Maran a that ho~ing and community development activities be performed jointly in accordanc~ with the provisions of this Agreement and that the U.S. Department ofHOlising and. Urban Development (I:tUD) recommends that expendiiures of funds for each purpose be oir. an Urban QJpnty basis; , and' . . :1 2 ~ i li 2 l\jj i . . . . vrHEREAS, it is mutually beneficial to each of the p_~~~ hereto for the County to idminister'ai(rexec~te~e'p!~~sio~ ofthe'm"t~gove~entaI agreement ill accordance with th~' terms and conditioris '1iereinait~r provided and subject to Io.cal ordinance and State and Fede~I law.' , . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR A.ND CQlJNCl;L OF THE TOWNOFMARANA,ASFOLLOWS:' ' . ' , 1 2 ..., 4 lS.l ISl 2 :8 :2 ia SECTION J. The intergovernmental government between the Town of Maran a an~Pima Co unty attached to' and incorporated by this' reference in thi~ resolution as Exhi~it ~ is hereby authorized and approved. --/-)---- ------ -------:----- ------ ---~____:_-:-_=:("r_::-=_:-~-__-~--~~:--::-:~- -:;---- . ,,". . '_';-'_.~";_:_ ::::- ~-:_=-: .-~:::~ 7:"::'::,-,-:_~''''7"- -::-~~= --. - - "", -.' -:-.. . -.-..-..-,-.-.-- -. ,.. - . .--"" -- - '---- SECTION 2_--TheMayoi- ii-hereby authorIzed to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the ToWn of Mar ana . - - SECTION 3. The Town Manager, ToVro Attoiney and other TowTI staff are hereby _ autbori..zM to undertake all other tasks required to ca..rry out the terms, obligations, and objectives of said Ex..1llbit A. :...:- .-.:.....~. -;'-::"., ~ '.: ".:". .: ~ '::-:. .:':~ ;;..:..... " .-., ".-:.: ~_. ..,;-- ..... -- P J...5SED, ADOPTED, aDd ~~PROVED by tbe [yfayoT and Council of the- To~i:1 of Marana, Arizona, this 16th day orMarch, 2004~ .~. d~ . '. . .....M , ". : . ..~~.~~ - . .- . -""." ".-:' .' . ,". Mayo; . b':s~:jr." . -i:- ATTEST: _ ~\\,nIfl/~ ll.:f ~- .~RPoF<<ic\~~ - ,_ -ClO9._~- -' - SEAL - - . - - - ::: - . -_ -- :!!Ii - - S' ~. 1l)1l~. - un\~. FC/cds {' ~. / H:\Frank020040316\Council Mtg\PC CDBG Rcso -:-'r ,. -1 2 11 ~ ~ Ilil 2 ,. ~- :!5..~ II.' ~ -= I'I~: ,,- IJ. ~ IS! -<:>< F\ ~ ..a:. =1"'= ..;., <,~d""~,,~c\>~~"c:,,,'c""~C';~'~~~*'~"~~"~~;~"z;.~~,,;c~~~c,~~~~li~~:~:;:Jl:~:;~~;i:~~~~, . Intergovernmental Cooperative Agreerr~mu:;,~;ts .psr:2i!1;"g tc .this l . between <. -~-- Pima County and Town of Marana for the Communirj Development Block Grant Program and Home: fnvEstrnsrit.-.Partnershlp,. Program: This Intergovernmental Cooperative Agreement made and entered 'into this -,--. dayqf 2004; by and ~etween the County of Pima, a body poIitic andco,-porate of the Stat~ of Arizona, hereinafter referred to as "C6unty," 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 seNices and enter into agreements with one another for joint or cooperative action' pursuant to AR.S. S 11-951, et seq. - 8. 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 AGusing anEl community development activities. ' D. WHEREAS County and Town do hereby find and determine that it is in the best interest of the residehts 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 purpo:se be on an Urban County basis. E. WHEREAS it is mutually beneficial to each of the parties hereto for County to administer and .execute :tb~_-Rrovisions of tf}~~~.9Ieern~nt ~md the _Q[QY~lQf!S!_ 9f t~e Agr~'8ment fgr. ,!YIima~emenJ . and Implementation of the CDBG Program and HqME 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 arid State and Federal law. NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mut~ally 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 provisions of the Housing and Community Develop.ment Act of 1974 and subsequent amendments, the laws of the State of Arizona, 'and the terms and conditions provided -herein. In this resp~ctJ the Town agrees that the County is hereby: delegated the power to plan and undertake community ,developmsrJt'PIoJects within it~ j[Jri~gigtiQn Qf)Q will h~w~, 1 j S 8 m i '[ 1 :t 2 7 l!1 m l~l ~2 a 2 G I i , ..r\n - "" , '.'__n__ -:-n----.---~---:;-.-.~~- - -'C n--'- - - - -- ._....4.....'.,_....... "-', -"...... . - - ..- . .". .'- . .... .'.-=--~.:= -,'~~~~?:' :.": .-'-':,:::='':.'' .::....::-.;.,.-.:;;.-;-=:::..:7..=:.:..----=--:=:---=:~.==. -.'_ __~:::- - .. ... ""-- -. .--.. .. ..--. - ' ." - . - . . . . .. ," '.:' _._..=;:::.... .~~u...... ...". '':'u -. _. ...-._.-'--.. ~'_'" -':.':..7. .:.- . .-.. - .., .. ..~- ,.- -- th~-'fi~1~T~e~p;~~'iblI1tYi;;~~i~ctl ~-~ln5o 8-(;-'a ri.~tH6 ME' proj ea~ 'Tn~cco-raance 'Wi1h'I1ie'~~~ :-= approved Community Development and Housing Consolidated Plan pursuant to' 24 CFR Part 91. 2. It is understood and agreed that the Count; as the Grantee is to take the final responsibility and to assume all the obligations of applicant for assistance under the provis,ions of said Housing and Community Development Act of 1974 and subsequent amendments, t'1ethre::: yeaf certmcations as required by HUD, subject tOcha(lgejn. iegislation or regulations and the Consolidated Plan. 3. The County and Town agree to cOQperate to undertake, or assist in unp~rta,king, community renewal and lower income housing assistance activities; speci~caily'jjrban 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 pe 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 py 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 CDSG 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 CDSG Program. Nothing herein shall be construed as limiting in C!ny manner the powers of any of the respective parties to. initiate and complete a local project within their respectiv~ jurisdiction with their own fun~s. 6. The _ 1 st . day of July 2004 ,shall be the E?ffective date of Agreement, which shall remain ,- - . -.-- - -.. . in force for three years. This Agreement covers CDSG 'and HOME Program funding for Feqeral Fiscal years 2005, 2006, and 2007. This Agreement may be amended to ~xtend the term of Agreement in order to complete activities funded but not completed, or to expend program income received during the three years covered by this Agreem~nt. The Town and the County recognize that the County shall be the govemmental en~ty required to execute any grant agreement received pursuant to Consolidated Plan, i:lnd that the ,County shall thereby become responsible thereunder for the proper performance of the plan and program.. l:'he Town agrees that it shall fully cooperate with the'County in all efforts .hereunder and that they will assist in doing any and all things required or appropriate to compfy with the provisions of any grant agreement received by the County pursuant t.o the Act and its regulations. . 7. 8. All records of the County 'or Town related to this Consolidated Plan and any proj$cts .undertaken pursuant thereto s.h~!llJPon rE?~~9n~ple l1C?tiC?e, be ayailable for inspection by HUD, County, and/or Town auditors, during normal business hours. - - n_ 4 2 ~ ~ I ~ i :1 2 7 ,-(.1 15J IS! !;! :B 2 7 - --~--. __h:~__--:",. ('r---.~"----:----:-;-_:..-:-.._-----:-.--:--:--_._----"--- '__ ..__ .-- -:-:.. .~~: .~:.:-:~:~ ...~::- ::::-.=" 2~~'-~..~ ;.:.. ~~_:-.~::~-:=-.-....: :..-:.:-:- -:~:..:.:~.::.~~.=.~=::~~:::.:.~:.:-=:~ ...::-= ::~--::~ .~'.~. ~-:_. :=~~,.. -:.-~:- ~~ -::.:-.:....: ~_ ..-. ..' .~~-:=-:-::-~-: ::_~._. ~.:.::~~I-=~~:::~:..::.~ :.:~.~.=~:.~:l~~_::~:::;:-:."":.. 9. . . 'This lriterg'ov~rnmental Coop~rative:j\,gr~~'~~~t' sh~li b~ "bin'cling" upS;rthe parf;es~ here'to," .. . - . - . their succ;essors and assignees. Any assignment of Agreement shall be void without the consent of the othe'r 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 , .. . '. ' . d " .,. 1" . f: rI .- .- .. . -,~pfOVIGrng,GeCerlI"nGUsmg'c2n. ".2 'SUiI2DJe, f'/!i1g.:, enl/!rOnmen__"a nu ".expanarng "economIC. opp'ortunities; principaliy.for persons of low- -and moderat&=income. " " '" . 11. County and Town will take all required actions ,riecess9ry.to comply. with the !Jrban ,Countys ~erti~catiqn'n=iqtJh'edby Section 1 04(b) cJf;Title I of the t;1ous"ii19 arid, Comm'Unity . D~veiopment Act" ot" 1 g74,~a'sainended:'incrudinf{TitleVI bfthe- Civif Rights' Act of1 964, the' Fair Housing 'Ac( section 109 of Title I of the Housiri~i 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 ,ndividuals engaged in non~violent civil rights demonstrations;. and A policy of enforcing applicable State and' loca/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 shall 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 aweement 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 {n the Urban County Qualification Notice applicable for the year in which the next qualification of tbe. UJ'Raf1 CO~lJty is $chE:lqul~d shC!1! q[JtomatLC?l!ly tefITlinate this Ai1!~~qIe!lt f<?lIowing. t!1e 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 to subrecipients, including the requirement for a written Agreement set forth in 24 CFR 570.503.. 1. 2 a S e fA , ~ ~~ :1. :2 "7 4 ~l I\;-. I;;' .~;) 8 2 ;E,~ .' ____n_w___.__ _W_U_ _n_ ~_______ _.______w____._____.____ 'C .. _-. ..,. . :-..,,-~.". - -... . - ;......_ .., . -------------- -- - - ....... --. --.... . - ---.. - ,-.... - -...... -,- .. - . -...-....- ..... ,.': '-....-"-:--'-:.:~:.___. :..:....":~:.....;;..,,...'-, :,'_.:"'-_;'.__~-:'_ :.::.~~....._ ..'_ '.... ,_-.:.. '.;.:.~_-',c ~:_"-=:_'_:-.:".:" .____._ __- . -'., ~ ,__,. .: '.n .-_,. ..:. ,,":...:... '.. , .. ... . . .-.- ."-..-.,,.;..--.. -. . .. ...___ _. __._h_ - ..- _.. ... ..... -. .- .-... . .- - ._.. n ,_ ,_.W', . _ __w _.._ ....._.____.._. . _.~W_.._,. _'_'_'_ __. ... _. . _:. ".-"ui~~',,,,, _ : ...:.., >,_,,-,~..:~. -.-';' >. ~.:::.:~.~'~,;~ .,::.:i':.-~.;'";r':~ ~"::"':'''7- .~~~~j:=~:;,.~:~:<.:.:':.:'~-:.:.-:..-: ...;;..:----;,.: .~';'~~/:~,.,; ;~,:.:;;...;.'":., :-::'w - :~:_'~: -;-:=-'....;i.~.~;:..:..::,..-"':'.~=' :~~.i~:..:;;,.i'.;.~-::.:. ''':-:;:':'~~ '~" .L....:;,;,;':.::;;:;_;,':_~;.~""~-7X~: :;;'.::...~~,:'" .r':~"::-:~_,,:;:'- _::.-:-";:..';"'~i~:_ ':..:.:~:::~.;....:- -:;. :. - ~.:.-. c. .- --: - h_._ -- .~.-.-15.-The~C6lTrlt.Y;: as-tffe-CDBG -gri3ntreCipiefitf6r the;Urban -c6uhty'has.;flil(resp-onsibllitff6r-the.~.~.. . . execution of the community development program, for fol/olNing its CO(lso.lidated Plan, .and for. meeting the requirements of other applicable laws (e.g., National Eri"vironmentaIPolicy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil RightsAct of 1964, Sec. 504 of t0e Rehabili~ation 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 c"C9IT!1Jlunity cie;y~.roPrnE:;nt prOgram, for .folbwing ~le.(]onsQiidated Pi2n~and for'en.suring . thaI a~tions neces~ary for such accomplishment are taken. by Town. .. .. 16.. The parties ?c~no,^,ledge that AR.S. S 38-:51)/equires Jhat.llo.~ic~ pf A.R-~S,_S,38.:5t 1,be ,. , . ihql\J.qefJ in~y~'iYq9ri!ra~t of a .political. subdivisiOn:of the.State -of Piizooa-and that "bo.th parii~~smi.ist "campi) with all' applicable provisions of" Ariion~{ Executive. order 75-5,8S amended by Executive Order 99-4 [relating to non-discrimination]. THIS SPACE INTENTIONALLY LEFT BLANK . . , ---- .. .. i 2t 8 ~. ~ I i 2 7 4 IS) ISl :2 :6 2 13 .- .-.---.....---.---...--.------..--.-.--. -- .--- .,?---~:_u_u___ ___-.--._ ___'__'. . ". -.,J..~;, .:. . .. - _.._--~. -~- ..-. _ ..___ .'n _ . . _. - ... -- . .'. _ -=:.'::'.:.7:-==-.-':~7~::~ ::~.~. -::'-':.~:::-: ~:.:--: ~---:-.:: -:-~ -:--_'::... ~_;_-:.. -:' _..no .u__ ~.... _ _ _.. ~ ~ _',"'___ _.. _ __,_..,.._ . - . - .,- - -.,--.-----.-...---.,.---. ..., ...,.. . . ._ ..._...._. .... '_._~._h__"_. ..._._.._ ._____._ .. _.__ -. - -.. - .- -.--.. - - -- -H--~ . - .- -...._ _~;:-----__._ ___.___ IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed the _ day of .2004. PIMA COUNTY BO.nRD OF SUPERVISORS TOWN OF MARi\Ni\ ~~~ Chair, Board ofSuper:'jso~sJUN 1. 2004 tfttF d ~ . - Mayor -,' A TIEST: ~:&~.o~ Cle k, Bo<:?rd df SupervIsors A TIEST: REVIEWED BY: ~ 1 i s J;l fii 2 ~ i Pursuant to AR.s. S11-952, the undersigned, Pima COllnty's legal counsel has determined that the above Agreement is in proper form and is within the powers and' authority granted under the laws of the State of Arizona to Pima County. Pursuant to A.RS. S 11-952, the undersigned, Town of Marana's lega'- Counsel has determined that the above agreement is in proper form and is within the powers and authority granted unqer the laws of the State of Arizona to the Town of Marana. 1 ":J Jt:... '7 4 !!oJ ~~ :2 t1 .3 IS! Paula WHk Typed Name of Legal Counsel Frank J,. Cassidy Typed Name of Legal Counsel / , --:p71J b SIgm:lture of LegarC-~l1n$el fib--/;/v{ .' -_. .-.------.. -'--'-.-. -_. . -. '. ,. . ..-..- ------.-.----:- -:-- _. ...--.--:---.-.- -. .--:---. - . woo _. ... '..,..'_., .~.';';"......, '.~ ~"f.;~:_::'=~'.:..~ ...~.::-.:~;,;-=-.i...1~...:....:..:,.: .:~~~.;i=.~~.;.::~~.~~ :::.;.~~ :...-::.~~.~;::-..:~.~.~~..-:.:.:~=.:::;:.:...~-:; ~-:;..::- --;.~~-7;..-:-~.-':-~-:::~7-::-.-;_..-.-:-:~-~:::-:;,:;:.=.::=-.:~=:-_ .'~'- ~~~:f.-: ~?=:;;~..~~.~.~~~._ "l"~;.._~ ..~.~-.:::~ ::;._~-: . ___: ._...._... ';".., '. -0'-'. . . .... .-.." - . --.. .- , .. . .. . '. - -.... . ", . - . - . ',' ....__.__..._..._ ~_.'.'.' ....._ _.W'._ ..h. ..,'... . ._.__. ...._ . _. ..... - -".-' ... .__. ".,.' '0. _ _._'. ~__. 'W'_.' . . w__. ..... '.'W..._' ,.' . _.... u_. .. n. ". "' ._....,... .....~..W . .__, . ... '... - .. .. .. .,-. - . OPINION OF DEPUTY COUNTY ATTORNEY . .. .. '.. . .._ ..w .... __ _..._.__. w._. ......w_. . .., .,... .__ '"'W_''' .... '. ." ..... ..:..' INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN QF MARANA FOR THE COMMUNITY Df:VELOPMENT BLOCK GRANT PROGRAM AND HOME INVE~~~ENTr.~~!N.~_~?~r.p PRgqRAM . '.:.' '., ':;::~':;:: '\\..<:.:./~~>j~:,~"~:;~~"" ,'.~,.~.',,:.-"-:" :':.' 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. . , I 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 accordc~mce with State and loca/legal requirements. I 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 s'taleandlocarJaw. -.. . . ... -- - - .-. . -.. --- -- . - To the best 'of my knowledge, there is no pending or threatened litigation affecting the implementation' of the Cooperation Agreement or the abJlitY of the Cou.nty 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. . ~ ,l. :2 I m ~ I ~ -:Po ?1\.QL 8 epl:lty-Gel:lAty-Atterney Civil Division - 1 " ... "'71 4!1. l>~ 111 l~) ,.~ ~f.", :E,~ :3 ,; .J. EXHIBIT E PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2006-2007 CONTRACT # TOWN OF MARANA ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, HONEA HEIGHTS NEIGHBORHOOD PARK FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS FOR THE MONTH OF 20_ REQUEST # Activity Budgeted Expenditures Cumulative Balance This Month Exoenditures Available Administration $25,000.00 Housing $40,000.00 Rehabilitation Affordable $30,000.00 Housing Land Acquisition Honea Heights $75,000.00 Neighborhood Park Total Budaet $170,000.00 Funds requested this month $ . (this line must equal the GRAND TOTAL column for "EXPENDITURES THIS MONTH") 1 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 DATE DATE Revised August 06 13 EXHIBIT F PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2006-2007 CONTRACT # TOWN OF MARANA ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, HONEA HEIGHTS NEIGHBORHOOD PARK 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 Grant Agreement amount and submitted within 60 days of the request. Requests for budget change may not be accepted after April 15, 2007. Please include the following: Date: Name of person requesting change: Activity Budgeted Requested Balance Available Modification Administration $25,000.00 Housing $40,000.00 Rehabilitation Affordable Housing $30,000.00 Land Acquisition Honea Heights $75,000.00 NeiClhborhood Park Total Budget $170,000.00 The reason for the changes to our budget is as follows: Authorized Signature Date f..1ail or fax to: Allen Kulwin Pima County, Kino Service Center 2797 East Ajo Way, 3rd Floor Tucson, A?. 85713 Fax Number: 520-243-6796 Revised August 06 14 RESOLUTION NO. 2006 - 325 RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT IN THE AMOUNT OF $170,000.00 WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THAT INCLUDES ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, AND HONEA HEIGHTS NEIGHBORHOOD PARK. WHEREAS, Pima County has submitted an application consisting of the Annual Action Plan 2006-2007 to the U.S. Department of Housing and Urban Development ("HUD") for 2006-2007 Community Development Block Grant ("CDBG") funds; and WHEREAS, in the event that HUD approves Pima County's 2006-2007 Annual Action Plan, it is the desire of Pima County and the Town of Marana that the Town of Marana's allocation of the grant be implemented by the Town of Marana. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY that the accompanying Intergovernmental Agreement ("Contract") in the amount of $170,000.00 for the management and implementation of the CDBG Program that includes Administration, Housing Rehabilitation, Affordable Housing Land Acquisition, and Honea Heights Neighborhood Park with the Town of Marana be approved, provided that, as a condition precedent to the Contract becoming effective, HUD must approve Pima County's 2006-2007 Annual Action Plan; and BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2006-2007 Annual Action Plan, the Chairman of the Board of Supervisors is authorized to execute the Intergovernmental Agreement and any related documents necessary to implement the agreement. PASSEDANDADOPTEDON DECEr1BER 12, 2006 ATTEST .~ ',W~ Clerk, Board of Supervisors APPROVED AS TO FORM: ~47&"~J D Y County Attorney 0'2..' \A -O~ CONTRACT NO. ~l1o. nt- /Jf'l3/. /dIJC AMENDMENT NO. ThiS numoer rr .~. :~_::ir Invoices, coo,,;;:r~:':e documents ~€'~=rr; to contract, on all and this INTERGOVERNMENTAL AGREEMENT 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 AR.S.~ 11-951, et seq. B. COUNTY is authorized by AR.S. ~ 11-254.04 to spend public monies to improve the economic welfare of the inhabitants of the COUNTY. C. TOWN is authorized by AR.S. ~9-500.11 to expend public monies for and in connection with economic development activities. D. COUNTY and TOWN are authorized by AR.S. ~ 36-1403 to exercise certain powers relating to housing projects. E. COUNTY applied for and received funds from the United State Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD ACT), Public Law 93-383. F. COUNTY through its annual Community Development Block Grant (CDBG) proposal process for federal year 2006-2007, required all applicants to submit a proposal for each of their projects that they would like to be considered for funding. G. TOWN submitted a response to COUNTY under solicitation number CDNC-12-1-05-CDBG-ESG-OA. H. COUNTY submitted its 2006-2007 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), which included the TOWN'S proposal. I. COUNTY has determined that the TOWN is qualified and willing to provide the proposed services. J. COUNTY finds that it is appropriate to provide CDBG funds for TOWN'S program. NOW THEREFORE, COUNTY and TOWN, pursuant to the above, and in consideration of the matters and things hereinafter set forth, 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 herein as Exhibit A 2. Scope. TOWN shall: A Use the CDBG funds provided through this IGA in accordance with terms of: the 2006-2007 Annual Action Plan ("Plan") submitted by COUNTY to HUD for COBG funding; the Certifications that were submitted concurrently with the Plan; and, with the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program contained in Exhibit D and fully incorporated herein. B. Perform in accordance with the Project Summary Exhibit A set forth in this IGA The work under this IGA must be performed to the satisfaction of the COUNTY. C. TOWN shall comply with the Special Agency Conditions set forth in Exhibit B. Revised August 06 1 D. TOWN shall undertake the same obligations to the COUNTY, as the COUNTY does to HUD pursuant to said Plan and assurances. TOWN will hold COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any failure on the part of TOWN to fulfill any obligations to HUD. E. Certify that the projects under this IGA meets one of the COBG Program's National Objectives defined in 24 C.F.R. 570.208. These objectives include: benefit to low- and moderate-income persons; aid in the prevention or elimination of slums or blight; and meeting community development needs having a particular urgency. F. Warrant compliance with the Town's Certification contained in Exhibit C and the Intergovemmental 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. G. Employ suitable trained and skilled personnel to perform all services under this IGA. H Provide quarterly and annual program reports on the COUNTY web based reporting system at http://www.pima.Qov/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 on the following dates for the preceding quarter: a) January 31 b) April 30 c) July 31 d) October31 2. The quarterly reports shall include: a) Demographic information including client's address; income level; family size; race; whether the family is female- headed household; services provided; and, whether anyone in the family is elderly or handicapped. b) A narrative of the program's accomplishments; problems or concerns impacting the achievement of the program's goals and objectives during the past quarter; and, an output and outcome report. 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 31,2008. I. 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, the COUNTY agrees to reimburse TOWN in an amount not to exceed $170,000.00: A. Budget: Administration Housing Rehabilitation Affordable Housing Land Acquisition Honea Heights Neighborhood Park $ 25,000.00 $ 40,000.00 $ 30,000.00 $ 75,000;00 B. The total amount of this IGA is $170.000.00. 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. No funds other than the CDBG funds earmarked for TOWN'S projects as set forth in this IGA will be expended or advanced by the COUNTY. The following conditions shall apply: a. All of TOWN'S activities under this IGA must comply with the budget to be eligible for payment. 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. Revised August 06 2 c. TOWN shall submit monthly requests for reimbursement no more than 30 calendar days following the end of each month except requests for payment for expenses occurring in May must be submitted by June 15; and an estimate for expenses occurring in June must be submitted prior to July 7. d. All requests for payments shall be on the form set forth in Exhibit E. Each monthly request for payment shall include: i. 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/or checks (front and back) or 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. Any requests to modify the current fiscal year budget line item amounts must be submitted to COUNTY and must: i. Include invoices for the requested change; and ii. Be for expenditures made within 60 days of the date of the request. 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 ten (10) 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. Within sixty (60) days after the end of the month in which expenses were incurred in the months of October through March; 2. No later than June 15 for expenses incurred in April and May; 3. No later than July 6 for expenses incurred in June; 4. Within sixty (60) days for expenses incurred in July through November; and 5. No later than January 31, 2008 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 shall, at its sole discretion, determine whether it will require TOWN to: 1. Refund to COUNTY the excess amount received. TOWN shall refund the excess amount received to COUNTY within thirty (30) days of receipt of the request from COUNTY; or, 2. Provide, for no additional reimbursement, additional units of IGA services during the following IGA term, if any. Such additional units of service must be provided in a number equal to the excess amount received by TOWN divided by the unit fee in effect at the time the excess funds were provided to TOWN. I. To the extent permitted by HUD regulations, TOWN may be paid for planning and administration activities occurring after July 1, 2006. All planning and administration costs not used by the end of the next fiscal year, June 30,2007, shall be forfeited. J. For the period or record retention required under Article XVIII, COUNTY reserves the right to question any payment made under this Article 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. 2006 and shall be recorded with the Pima County Recorder following execution by both parties. Except as otherwise provided in this IGA, this IGA shall terminate on December 31.2007 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. Revised August 06 3 5. Termination. A. Termination: 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, except that if the Community Development Block Grant from the Department of Housing and Urban Development under which this IGA is made, is terminated or the amount of the grant reduced, the County, shall thereupon have the right to terminate or reduce the IGA dollar amount of this IGA by giving the TOWN written notice of such termination and specifying the date thereof at least fifteen (15) days before the effective date of such termination. In the event of termination under this paragraph, the COUNTY'S only obligation to TOWN shall be payment for services rendered prior to the date of termination. B. Suspension for Cause: COUNTY may suspend operations and payments under this IGA immediately for violation of IGA contractual requirements, unsafe working conditions, violation of Federal or State law, or lack of reasonable progress in accomplishing objectives and schedules contained in this IGA. C. Administrative Suspension: COUNTY may temporarily suspend operations and payments under this IGA immediately at any time if the Pima County Board of Supervisors or Administrator determines that it is in the COUNTY'S best interest to suspend this IGA. In the event of such suspension, TOWN shall assist COUNTY by providing information and documents to evaluate the status of the IGA and whether it should be continued. 6. Disposal of Property. Upon the termination of this IGA, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this IGA, nor affect any ownership of property pursuant to IGA. 7. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) 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. 8. 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. 9. Non-Discrimination. The parties shall not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this IGA. The parties shall comply with the provisions of Executive Orders 75-5, as amended by Executive Order 99-4, which is incorporated into this IGA by reference as if set forth in full herein. 10. ADA TOWN shall comply with all applicable provisions ofthe American with Disabilities Act (Public Law 101-336, 42 U.S.C. 121 01-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 36 and 36. If TOWN is carrying out a government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to 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. 11. 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. Revised August 06 4 12. 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. 13. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining this IGA. In the event of such cancellation, COUNTY shall have no further obligation to TOWN, other than for payment of services rendered prior to cancellation. 14. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 15. Worker's Compensation. Each party shall comply with the notice of A.R.S. ~ 23-1022(E). For purposes of A.RS. ~ 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 16. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between COUNTY and any TOWN employees, or between TOWN and any COUNTY employees. Neither party shall be liable 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. 17. 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 affect the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 18. 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 Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3rd Floor Tucson, AZ. 85713 Ed Honea Town Mayor 11555 West Civic Center Drive Marana, AZ 85653 With copies to: C.H. Huckelberry County Administrator 130 West Congress Street, 10th Floor Tucson, AZ 85701 Lori Godoshian Clerk of the Board 130 West Congress Street, 5th Floor Tucson, AZ 85701 19. 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 un this IGA, which shall be open at all reasonable times for inspection and audit by duly authorized representative of COUNTY. Such records shall include, but are not limited to: 1. Records providing a full description of each activity taken; Revised August 06 5 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 the COUNTY'S annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. TOWN must comply with Section 570.506 "Records to be Maintained" of the Community Development Block Grant Program - Entitlement Grant Regulations. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised August 06 6 20. 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 resolution of the Board and attested to by the Clerk of the Board, and TOWN has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by: TOWN OF MA~ U ~ Mayor 11.a ,,} / Date: - tJ 0'- v Y' A";E:;/ ~ ~e Board Date: Dee 1-2 2006 ATTEST ~ ~:%{jb APPROVED AS T~TENT ~W?~ Community elopment and Neighborhood c~ervation Director The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. 911- 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 ~vn ('yC>>b?4..) ....0 County Attorney Date: q - 2.'" - C><4 Revised August 06 7 02., \ '\ -01 EXHIBIT A PROJECTS SUMMARY See attached for each project: Administration Housing Rehabilitation Affordable Housing Land Acquisition Honea Heights Neighborhood Park Revised August 06 8 Project Name: ITown of Marana - Administration Description: I IIDIS Project #: 134 IUOG Code: 14019 Administration of the CDBG program Location: ;~~~1~~~I~~.~~i~t~~*~W~~~~~~1,~?}f~~:~j~~{&i1ti!~1~lJlVln~~~tt~1[~Jj(9:~~}in~1~i@~q~i~i~~l5~~~J~~tt~~1~~~~~J[1~~* 11555 West Civic Center Drive, I Planning! Administration EJ Marana, Az 85653 in the Marana Select one: designated colonia. Explanation: Expected Completion Date: Local Government (09/~GI2007). , . , -, ,. Objective Categbry 0 Decent Housing o Suitable Uving Environment 0 Ee;onomic Opportunity ~~"".~ , ' '1 - ,>, ,,~,J;i1iJf,~!l;\lt~~':..r, .",ip,i,,,,;,J~ laI;~f":'iIfJgg~,~~., .~~il~~',,,~,,. d'il!,., ..;,'; Outcome Categories o Availability/Accessibility \..... o Afforclability 2 o Sustainability 3 I..... .. VI Accompl. Type: \..... Proposed Accompl. Type: I..... Proposed .... Underway Underway C a; QJ N/A Complete Complete > E CIJ I..... \..... "'j .c Accompl. Type: Proposed Accompl. Type: Proposed .... .!!! . Underway Underway u CIJ Co Complete Complete '0' E I. 0 I..... Proposed I..... Proposed 0- u Accompl. Type: Accompl. Type: u ct Underway Underway Complete Complete .. .. Proposed Outcome Performance Measure Actual Outcome 21A General Program Administration 570.206 I..... Matrix Codes I..... Matrix Codes I..... Matrix Codes \..... Matrix Codes \..,. Matrix Codes I..... '1"'1 Fund Source: \..... Proposed Amt. Fund Source: I..,. Proposed Amt. I. Actual Amount Actual Amount fa I..,. Proposed I..,. CIJ Fund Source: Amt. Fund Source: Proposed Amt. > Actual Amount Actual Amount E .. -- .. .. .. .. -.-. .. .- I.... : -~". \... fa Accompl. Type: Proposed Units Accompl. Type: Proposed Units I. tn Actual Units I Actual Units 0 Iv I~ I. Accompl. Type: Pioposed Units Accompl. Type: Proposed Units D. Actual Units Actual Units CPMP Version 2.0 Grantee Name: PIMA COUNTY Project (34) 1 CPMP N CDBG I..... Proposed Amt. 25,000 Fund Source: I..... Proposed Amt. L.. Actual Amount Actual Amount m \..... Proposed Amt. I..... Proposed Amt. Q.l Fund Source: Fund Source: >- Actual Amount Actual Amount E . - .- -~ - -- . - - +_ n.._. _.__,,__ -. m Accompl. Type: I..... Proposed Units Accompl. Type: I..... Proposed Units L.. tn Actual Units Actual Units 0 Accompl. Type: I..... Accompl. Type: I...... L.. Proposed Units Proposed Units C. Actual Units Actual Units \Y Proposed Amt. - ".---.,.. +.- ,- Iv Proposed Amt. """_-.-'-,-.-..-.._-..~-." . . M Fund Source: Fund Source: L.. Actual Amount Actual Amount m I..... Proposed Amt. 1..- Proposed Amt. Q.l Fund Source: Fund Source: >- Actual Amount Actual Amount E .. -- . -~ - .- . ."- .. - - '. - --..-- . -,-, .-.--' - .- .. m Accompl. Type: I..... Proposed Units Accompl. Type: \...... Proposed Units L.. tn Actual Units Actual Units H_O-- Accompl. Type: I v Accompl. Type: I,.. I- Proposed Units Proposed Units D.. Actual Units Actual Units 'l:t Fund Source: 1..- Proposed Amt. Fund SOurce: Iv Proposed Amt. I- Actual Amount Actual Amount m I...... Proposed Amt. I...... Proposed Amt. Q.l Fund Source: Fund Source: >- E Actual Amount Actual Amount m Accompl. Type: \..... Proposed Units Accompl. Type: I.... Proposed UnIts I- tn Actual Units Actual Units 0 Accompl. Type: I..... Accompl. Type: 1..- I- Proposed Units Proposed Units 0. Actual Units Actual Units In Fund Source: I.... Proposed Amt. Fund Source: 1..- Proposed Amt. I- Actual Amount Actual Amount m \..... Proposed Amt. 1..- Q.l Fund Source: Fund Source: Proposed Amt. >- E Actual Amount Actual Amount m Accompl. Type: I..... Proposed Units Accompl. Type: 1..- Proposed Units I- tn Actual Units Actual Units 0 I- Accompl. Type: I..... Proposed Units Accompl. Type: 1..- Proposed Units C. Actual Units Actual Units Project (34) 2 CPMP CPMP Version 2.0 Grantee Name: PIMA COUNTY Project Name: Location: Census tract 44.06, Block Group 1 in the Marana designated colonia. Expected Completion Date: . ...6/30/=2.007. o .1ective Category @ Decent Housing o Suitable living Environment o Economic Opportunity Outcome CategOries o Availability/Accessibility o Affotclability o $ustalnabllity III .., -c CIJ CIJ > E ~J: I III 'tl:: CIJ c. '0' E a.. 0 D. u u c:( 10 Housing Units Accompl. Type: Accompl. Type: Proosed Outcome #hsg units focused on Imprved quality or access to housing Select one: I Owner Occupied Housing Explanation: Local Government 2 3 ... ... ... Proposed 10 Underway Complete ... Proposed Underway Complete ... Proposed Underway .. Complete Performance Measure Accompl. Type: ... Proposed Underway Complete ... Proposed Underway Complete ... Proposed Underway Complete Actual Outcome Accompl. Type: Accompl. Type: 10 Mabix Codes 14A Rehab; Single-Unit Residential 570.202 Mabix Codes 'I"'i Fund Source: Proposed Amt. L. Actual Amount to Proposed Amt. CIJ Fund Source: .... > Actual Amount E ca Accompl. Type: ... Proposed Units L. tn Actual Units 0 L. Accompl. Type: ..... Proposed Units C. Actual Units Project (37) Fund Source: ... Proposed Amt. Actual Amount Fund Source: ... Proposed Amt. Actual Amount Accompl. Type: ..... ()roposed Units Actual Units Accompl. Type: ... ,Proposed Units . Actual Units 1 CPMP N CDBG I,.. Proposed Amt. 40,000 1);<1 Fund Source: I,.. Proposed Amt. l.. Actual Amount Actual Amount tt:l I,.. I,.. Proposed Amt. Cl) Fund Source: Proposed Amt. Fund Source: >- Actual Amount Actual Amount E --". --. .- .........- .. -- - -- ~- --~" .".- - - - . . - - -- - - -- ... --_. - I'CI 10 Housing unitsl ,.. Proposed Units 10 Accompl. Type: I,.. Proposed Units l.. en Actual Units Actual Units 0 Accompl. Type: I,.. Accompl. Type: I,.. l.. Proposed Units Proposed Units C. Actual Units Actual Units \..- Proposed Amt. "",'---'-", ..--.. -." Iv Proposed Amt. I..... --.,....-.. ....-"'_. M Fund Source: Fund Source: l.. Actual Amount Actual Amount I'CI I... I... (l) Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- Actual Amount Actual Amount E .. .. - ~--- .--. -.- .. - '-. ~--~._-_.- . - ..".. ~. ~_. . .. .. u 'n I'CI Accompl. Type: I... Proposed Units Accompl. Type: \... Proposed Units l.. en Actual Units Actual Units '-0 Accompl. Type: I... Accompl. Type: I... l.. Proposed Units Proposed Units C. Actual Units Actual Units 'l:t Fund Source: \..- Proposed Amt. Fund Source: I... Proposed Amt. l.. Actual Amount Actual Amount ItI I... I... (l) Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- E Actual Amount Actual Amount .. . - ItI Accompl. Type: I... Proposed Units Accompl. Type: .1... Proposed Units l.. en Actual Units Actual Units 0 Accompl. Type: I... Accompl. Type: \... l.. Proposed Units Proposed Units C. Actual Units Actual Units In Fund Source: I... Proposed Amt. Fund Source: I... Proposed Amt. l.. Actual Amount Actual Amount ItI 1..- I... IV Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- E Actual Amount Actual Amount I'CI Accompl. Type: I... Proposed Units Accompl. Type: I... Proposed Units l.. CI Actual Units Actual Units 0 Accompl. Type: I... Accompl. Type: I... l.. Proposed Units Proposed Units C. Actual Units Actual Units Project (37) 2 CPMP Grantee Name: PIMA COUNTY Project Name: Town of Marana - Affordable Housing Description: 1015 Project #: 35 UOG Code: 4019 Purchase of land in which a home will be constructed and sold to first time homebuyer who meets program requirements and who is low to moderate income household. A total of 1 lot will be purchased. Location: Census tract 44.06, Block Group 1 ~nd Census tract 44.08, Block Group 3, in the Marana designated colonia. Expected Completion Date: 6/30/2Q07 . .. Objective category @ Decent Housing o Suitable Uving Environment o Economic Opportunity Outcome Categories o Availability/Accessibility o Affordability o Sustainability VI ..., - C GJ GJ > E ~.c I VI 'tl= GJD. '0' E L. 0 D. u u < 10 Housing Units Accompl. Type: Accompl. Type: Pro osed Outcome # of housing units completed in this project Select one: Explanation: Local Government 1 Increase the availability of affordable owner housing 2 3 ... Proposed Underway Complete ... Proposed Underway Complete ... Proposed Underway . Complete Performance Measure 1 Accompl. Type: ... Proposed Underway Complete ... Proposed Underway Complete ... Proposed Underway Complete Actual Outcome Accompl. Type: Accompl. Type: 1 Matrix Codes 01 Acquisition of Real Property 570.201(a) Matrix Codes Matrix Codes ... Fund Source: ... Proposed Amt. L. Actual Amount m GJ Fund Source: ... Proposed Amt. > Actual Amount E IIJ Accompl. Type: ... Proposed Units L. Cl Actual Units e Accompl. Type: ... Proposed Units D. Actual Units Project (35) Fund Source: ... Proposed Amt. Actual Amount Fund Source: ... Proposed Amt. Actual Amount Accompl. Type: ... Proposed Units Actual Units Accompl. Type: ... Proposed Units Actual Units 1 CPMP N CDBG 1....1 Proposed Amt. 30,000 Fund Source: I.... Proposed Amt. I- Actual Amount Actual Amount ro I.... Proposed Amt. \.... Proposed Amt. Q.) Fund Source: Fund Source: >- Actual Amount Actual Amount E -.-- .. "..- ."'. .. - '.--- - '~~~~m;1. ~y~~:.- r:..: .. - "-. - ~ - - - . ._- --. ....- - ,,-- ro 10 Housing unitsl.... Proposed Units 1 Proposed Units I- Cl Actual Units Actual Units 0 Accompl. Type: \.... Accompl. Type: I.... I- Proposed Units Proposed Units D.. Actual Units Actual Units \..- Proposed Amt. ,.,--...,...-,,-.......,. . .-. ..-...,-. 1..- Proposed Amt. ,.,-..,.,.......-. ._, ..._.,-,.._~(.....,-_. (t) Fund Source: Fund Source: I- Actual Amount Actual Amount ro \.... Proposed Amt. I.... Q.) Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E .- ---- '-'.. n_ ~._-- "..- _.- - ro Accompl. Type: I.... Proposed Units Accompl. Type: I.... Proposed Units I- Cl Actual Units Actual Units 0- Accompl. Type: \..... Accompl. Type: I" I- Proposed Units Proposed Units D.. Actual Units Actual Units ~ Fund Source: \.... Proposed Amt. Fund Source: I.... Proposed Amt. I- Actual Amount Actual Amount ro I.... Proposed Amt. I.... Q.) Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E - -.. - ' .. fa Accompl. Type: I" Proposed Units Accompl. Type: I.... Proposed Units I- Cl Actual Units Actual Units 0 Accompl. Type: I.... Accompl. Type: I.... I- Proposed Units Proposed Units D. Actual Units Actual Units In Fund Source: I.... Proposed Amt. Fund Source: \.... Proposed Amt. I- Actual Amount Actual Amount fa I.... Proposed Amt. \.... Q.) Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E .. ro Accompl. Type: \..... Proposed Units Accompl. Type: \.... Proposed Units .1- Ql Actual Units Actual Units 0 Accompl. Type: I.... Accompl. Type: \.... I- Proposed Units Proposed Units D. Actual Units Actual Units Project (35) 2 CPMP CPMP Version 2.0 Grantee Name: PIMA COUNTY Project Name: Location: Honea Heights subdivision in the Marana designated colonia. Select one: I Public Fadliti~ Expected Completion Date: . 6/30f200=J-' o 1ective Category o Decent Housing @ Suitable Uving Environment o Economic Opportunity Explanation: Local Government Outcome Categories o Availability/Accessibility o Affordabllity o Sustainability 1 Improve quality / increaSe quantity of neighborhood fadlities for low-income persons 2 3 III .... - C Q1 Q1 > E .!.c I III 1)= Q1 c. '0' E ~ 0 D. u u ct 11 Public Fadlities ". Proposed Underway Complete ". Proposed Underway Complete ". Proposed Underway . Complete Performance Measure 400 Accompl. Type: 1 Accompl. Type: . Accompl. Type: Accompl. Type: Accompl. Type: Pro osed Outcome # of persons assisted with access to new facility 03 Public Fadlities and Improvements (General) 570.201(c) Matrix Codes ". Matrix Codes ". Matrix Codes Matrix Codes PI Fund Source: ". Proposed Amt. ~ Actual Amount It! QJ Fund Source: ". Proposed Amt. > Actual Amount E - It! Accompl. Type: ..... Proposed Units ~ tn. Actual Units 0 I., AccompI. Type: ". Proposed Units D. Actual Units Fund Source: Fund Source: Accompl. Type: Accompl. Type: Project (36) 1 ... Proposed . Underway . Complete ". Proposed Underway Complete ... Proposed Underway Complete Actual Outcome Proposed Amt. Actual Amount Proposed Amt. ~ctual Amount eroposed Units 4~ual Units ~r:9Posed Units . ~~ual Units }':'r CPMP N CDBG I... Proposed Amt. 75,000 Fund Source: I... Proposed Amt. I- Actual Amount Actual Amount I'tl \... Proposed Amt. \... Proposed Amt. I1J Fund Source: Fund Source: >- Actual Amount Actual Amount E - - - . ---.- -- " -'. ~-- .-- -- - .' -- -- . -- - ---. - -- ----- I'tl 11 Public Facilitiel ... Proposed Units 1 Accompl. Type: I... Proposed Units I- Cl Actual Units Actual Units 0 Accompl. Type: \.... Accompl. Type: I... I- Proposed Units Proposed Units 0- Actual Units Actual Units I..... Proposed Amt. ........'_._h .__,,",_,__, '. .- ~._.- I.... Proposed Amt. ..-,..,...,..-.,...,.... .."~.,, .-.-.". M Fund Source: Fund Source: ... Actual Amount. Actual Amount I'tl Iv I... <Ii Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- Actual Amount Actual Amount E -- -- -- - -.- - - IU Accompl. Type: \.... Proposed Units Accompl. Type: I.... Proposed Units I- Cl Actual Units Actual Units -0-- Accompl. Type: 1..- Accompl. Type: I... ... Proposed Units Proposed Units 0- Actual Units Actual Units "It Fund Source: \.... Proposed Amt. Fund Source: I... Proposed Amt. ... Actual Amount Actual Amount IU I... Proposed Amt. I... I1J Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E -. - IU Accompl. Type: I... Proposed Units Accompl. Type: \... Proposed Units ... Cl Actual Units Actual Units 0 ... Accompl. Type: I.... Proposed Units Accompl. Type: I... Proposed Units 0. Actual Units ..... Actual Units an Fund Source: I... Proposed Amt. Fund Source: \... Propo~ed Amt. ... Actual Amount Actual Amount nJ I... Proposed Amt. I.... CU Fund Source: Fund Source: Proposed Amt. )0- S Actual Amount Actual Amount nJ Accompl. Type: \.... Proposed Units Accompl. Type: \.... Proposed Units ... Cl Actual Units Actual Units 0 Accompl. Type: I.... Accompl. Type: I.... ... Proposed Units Proposed Units 0. Actual Units Actual Units Project (36) 2 CPMP EXHIBIT B SPECIAL AGENCY CONDITIONS A. Modification 1) Modifications may be made to this Agreement in accordance with the following provisions: 2) All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and County policies and directives. Approval of modifications is at the sole discretion of County. 3) Major modifications shall be by written amendment signed by both parties. Major modifications include any which do the following: a) Change the purpose of the Agreement; b) Increase or decrease the compensation provided for in the Agreement; c) Change the term of the Agreement; d) Change the scope or assurances of the Agreement; e) Change any section of the Agreement 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. Minor modifications are changes in the Scope of Work or budget that do not change the purpose or total compensation of this Agreement and do not in any way increase the direct or indirect liability of the County under this Agreement. B. Procurement of Goods and Services: Town is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on the credit of the County. Town shall comply with OMB Circular No. A-122, -"Cost Principals for Non-Profit Organizations" (ifTown is a non-profit corporation) and OMB Circular No. A-110. 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 the County will constitute noncompliance with this IGA. If action to correct such substandard performance is not taken by the TOWN within a reasonable period of time atter being notified by the County, contract suspension or termination procedures will be initiated. 4). Town shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to the performance and impact of the projects, as described in the Projects Summary Exhibit A. D. Client Fees and Program Income: 1) Any program income generated and received by Town as a result of IGA services shall be kept by Town, used for the purpose of this IGA, and reported to County. 2) Town shall comply with Section 570.504 "Program Income", and Section 570.503 "Agreements with Subrecipients" ofthe Community Development Block Grant Program Entitlement Grant Regulations. Revised August 06 9 E. Identification Of Funding and Copyrights: 2) 3) All advertisements, real property, publications, printed and other materials which are produced by the Town and refer to services funded under this Agreement shall clearly attribute "PIMA COUNTY" and the Community Development Block Grant Program in the following suggested format: Funded by: Pima County and the Community Development Block Grant Program Reference to Pima County shall be displayed at least as prominently as other credited funding sources. Town shall not copyright any materials or products developed through IGA services or IGA expenditures without prior written approval by the County. Upon approval, the federal government and Pima County shall have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 1) 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) Federal Requirements (applicable if Federal funds are involved): a) If Town is a state, local government or non-profit organization which expends $500,000 or more of federal funds during the year, then, Town shall comply with OMB Circular A-133 (31 U.S.C. 9503, 1111, 7501 et seq. And Executive Orders 8248 and 11541) and includes the compliance supplement OMB Circular A-133, "Audits of State and Local Governments and Non-Profit Organizations." b) If total expenditures of Federal awards are greater than $100,000 but less than $500,000 then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required annually. If total Federal expenditures are $100,000 or less, but at least $50,000, then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required bi-annually. Towns with total expenditures of Federal awards less than $50,000 do not have an annual audit requirement. 2) State of Arizona Audit Requirements: NOT APPLICABLE 3) Additional County Requirements: a) Town shall establish and maintain a separate, identifiable accounting of all funds provided by County pursuant to this agreement. b) County may require any Town to provide a program-specific or financial audit at any time by providing written notice to the Town. Such notice shall specify the period to be covered by the audit, the type of audit and the time for completion and submission of the audit. c) Audits provided under sections A and B of this section shall be performed by a qualified, independent accounting firm and shall be submitted to the county within six months of the close of the IGA period being audited. Any Audit shall include any response Town wishes to make concerning any audit findings. Audits shall be submitted to: Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3rd Floor Tucson AZ 85713 d) Town shall pay all costs for audit and county shall not be responsible for audit costs. Grant funds may be used to pay for audit provided the cost is allowable under the appropriate federal or state grant law and the cost is specifically included in the grant budget approved by the county. END OF SPECIAL AGENCY CONDITIONS Revised August 06 10 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 Govemments and Non-Profit Organizations". 12) OMS Circular A-122, "Cost Principals for Non-Profit Organizations" (if agency is non-profit organization). 13) OMS Circular A-110, A-87, and A-21. 14) Subpart K ofthe Community Development Block Grant Program Entitlement Regulations. 15) 570.200(J) First Amendment Church/State Principles of the Community Development Block Grant Program Entitlement Regulations. 16) 570.503(b)(6) Prohibition Against Religious Activities. 17) 570.503(b)(8) Reversion of Assets Revised August 06 11 EXHIBIT 0 Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program See attached: Resolution No. 2004-130 Resolution NO. 2004-30 IGA NO. 01-39-M-134204-0704 Revised August 06 12 '. "-ki,;~}~i:.~ .~;-:-~.~ ;~~ '~"~--=-=-:'=~--~-_:-~~~--;~'('.>~~~~.~-.~~'-=--O"-"~~==;-~-~~f-~f~- ~~O_-_~= -' .... ..n---.---..---. "--..--~.-,.......~n-.DEP. UTY'-.RECO.RDE.R . (i"<,'Pr_',:;"o\ NO . Or-PAG. E....S.. --,....-.---.... 8 . . ..-, :~"~:~~"::;.":'=> --:':44'3"7-"'PE3'.'."~' --;f ::ksi~~~\~) 'S.~QdEN~~~~'-.'._~Q'9j'j:-9'~9:;i~ .'~~-- ..-- ..... . n. 0230 ... .n. n.._ -- . ~~.' ,~~ .. ... --.......06107!200~...n.. . P .' 'n. ......0." .:'" "- -.... .: ':'., 'J.Y ....-.-..-.-::-:.-.. '. . -= . PIMA CO CLERK OF THE BOJ.3.D ':1l(rZO'f-.~' RES' . .26: 05 PICKUP PICKUP J._1.fODNT PAID _J_.._O.OO RESOLUTION NO. 2004- 130 -RESOLUTIDN OF -THE BOARD OFSUPERVlSORS OFPfMA'COUNTY,ARIZbNX'AOTHORIZING"'- . EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT B~TWEEN p'IMA COUN.TY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM. '.,-- .. .:._.~~7- . WHEREAS, County and i-()wn'.maygoritr~d for services and enter into ~greeme-nts wfth'bn~ another for joint or cooperative action pursuant to AR.S. 9 11-951.1 et seq.; and "'. . . .. , WHEREAS, it is necessary to enter into an Intergovernmental Cooperative Agreement in order to meet the requirements of the Houslng and Community Development Act of 1974 and subseqUent amendments; and ..' WHEREAS, County and Town desire to engage in housing and community development activitj~s as' authorized under the Housing ~nd Community Development Act of 1974. and subsequent amendments; 'and WHEREAS, County and Town do hereby fjnd and determil!e that it is in the best interest of the residents of the unincorporated areas of the County and of the' Town of Marana that housing and comniunity development activities be 'performed--jointly in accordance with the provisions-'.of ihis Agreement and that the U.S. Department of Housing and Urban Development (HUD) recomm~nqs th_~t expenditures of funds for' each p0rpose be on an Urban County basis; and . . ", '~;..- i '- a B e .~ ~ WHEREAS, it is mutually beneficial to each of the parties hereto for the County to administer and execute the provisions of the Agreement in acc'ordanc~ with the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law; now, therefore BE IT RESOLVED BY THE BOARD OF -SUPERVISORS OF PIMA COUNTY, ARIZONA, as follows: 1. The Intergovernmental :Cooperative Agreemt;nt between Pima County and the Town of . . . Ma(anafOIlhe-C~pD1mlln.it~cDe.v-elopment.BLock,P-rog.r-am and HQm~ l-nvestmer-lt"P-ar-tFler-s.l=1-i'l3 Program is her~by' appr.oved; and " 2. The Chair of the B9ard'of Supervisors is hereby instructed and autho(ized to sign the . IntE?rgo,,:ernmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED AND ADOPTED ON THIS 1st PIMA COUNTY, A Body Politic & Corp DAY OF JUNF. , 2004 " 3- 2 7 4 lS.1 lS.l :2 8 2 :3 ~~ ~~~ Chair, Board,of Supervisors JUN 1 20M APPROVED AS TO FORM: ,~ C1di Deputy County Attorney .," .. .' J;" r: ..... ATTEST: ,.:........- ');J;}" ''I:-;''::''';;W'::''''-'' . . .".~ _.i/'" ":~., .:~ '.. i: :: -4. .....;: ' .:. : . : ..,~ ' . "/?? Clerk of the B.Qar.d., '.-:,~ ., ',;:-' . " '~;,,!l'; i } ..' .:";' }';:':'" ~. ".: .. ;.':'::r~ ..,':.' : / :_~~,~....~~,.t.. :',. " ,'/ .<_ ,: j'~ ! ~. _C) ";~ ~;;f.:~;<. EXHIBIT A Original 1 of 4 ,r ! j .; -~ ~Cb~>> ([ ,n, _', ,~-. '-~e_~.n~ ~:--nn__~:-,~:-~~~jCERTiFIED _..c~.,=_ . ':.- '--~:" .. . - .. ----.... .. -- n_ -- .--- - - ---- --~~I~AN~ - ~-:- ------- --- - - --x -- _ _.. _ . - . -. -- _'''~-'''-'/ l:-.. --'. -ODQlnal Copy . ~.~~-='-,=-~:~~-- 0: ..~--~~~~~-~=.:;~..;~ :-'-.::.....;:.=--~-:--',~._--=-,==--'._~--=-- ~~~-=Ad~;d.bYc;~~~dl -- -n'{CiA>-ij< :1..-~, -';;>C?:r:iJ 4- . QrJ'n1:tilCa it . RestluMn # dllJ0 <f - 3! . . '(J) M8R~NA RESOT ,UTION NO. 2'004-30- . . RELA TING TO HOUSING; ACJIHoRIZiNG rifE TOWN OF'MARANA, ARIZONA, TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA 'COUNTY FOR ,~ THE~OMMu:N:g'YD~YE~O~M;ENT BLQCK GRANTCCDBG) PROG~.ANDHOM::$';- INVESTMENT P ARTNF"'KSHIP.PROGRAM. " .,' . .' , "WHEREAS, the County and Town m?-y contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.RS. '9 '11-951', et seq.; and , ,WHEREAS, it is necessary to enter into an inteTgovernme~tal agreement in order to meet the requirements oftl:ie Housing and Communit-y Development Ad of 1974 and subsequent amendments;' and :.; ., WHEREAS, the Count}' and Town desire to e~gage in houi,ing and community development activities as authl?rized under the Housmg and Comiriumty Development Act of 1974, illld ,S1lbsequent amendments; 'and " , V1HEREAS, the County and Town do hereby find and determine that it is in the best interest of the residents of the unincoIporated -areas of the County and Qfthe Town of Maran a that housing and community development activities be performed jointly in accordanc~ ~th the pro visions of this Agreement and that the U.S. Department of HoUsing and Urban Development (I:tuD) recommends that expenditures of funds for each pmpose be 011 an Urban Copnty basis; . and' , . 1 i a 19 2 l\1 i . ' WHEREAS, it is mutually beneficial to each of the p_~~ hereto faT the County to a.dminister'arid-exec~te-~epJ~-risions 7,fthe'm:t~go-ve~ental agre:ement ill accordance with the' terms and conditioris '1ie.feina1t~r provided and subject to lo.cal ordinance and State and Fede;ffiI law.' . . , NOW, THEREFORE, BE IT RESOL \~D BY mE MA Y9R A.'1\DJ CQONCP:- OF THE TOWN OF MARANA, AS FOLLOWS: 1 2 "7 4 6l IS) 2 e 2 j!& SECTION J. The intergovernmental government between the Town of Maran a an~ Pima ~ounty attached to'and incorporated by this 'reference in thi? resolution as Exhi~it!,>- is hereby authorized and approved. -- --- /-t--- -.-.:-..------.-~- --- ~:_::~~-::______:':-()~~-~-:-~.-::~-:-~ 0---.-.. - -~~ . -..--- ._-, ..... - .... . . - -..----..-..--- ---' .--~ --:._--~.-:--:---:- -::--~= ... ._'r . .'-. .-" .-., ,'''-_ .. . - .... . --:. __.:.n SECTION 2.-ihfMayoi ii-hereby ~ufu~n~~(ito~~ectit~said Exhibit -A~d'the -T~~ Clerk is hereby authorized to attest thereto for and on behalf of the Town ofMarana. _ SECTION 3. The Town Manager, ToWn Attorney and other ToVr-.n staff are hereby. autbOr1...zM to undertake all other tasks required to ca..rry out the terms, obligations, and objectives of said Ex..1llbit A. .... ... -.. - -- .'." ".--.. .- ._- - pp..sSED, ~WOPTED, clld .4.PPROVED by-the -Mayor and Council ofthe'To~TI of Marana, Arizona, this 16th day of.March, 2004~ ATTEST: FC/cds {' ~. H:\Frank020040316\CounciJ Mtg\PC CDBG Reso .~ ~ :. '. ....;. ,~~.~.- .............~.. Major'; .--bYSU. on: ~.. .. _ ~\\ln1fl/~ ~....OFU~ ~ ~~~;~.~ ~.-.: --,_~'~- ~ tf' .~RPOR.4TE -, -:: .' - SEALt""~' -'" S ... - '-,-> ~ '- S' ~. 1'd~~. - Ul\\\-. / ,?r .1 2 II I ~ ! m' I, ~ :~ ~l:= "".,L= of. t.! ~ ISl ~ ~ 7.1 -'7 =s '_ .....__. . . __._..:/ i3.0, ()/-57-//?-/57/{&7- fl)'CJ:.. ['~;-""'~C"~C"~::2'"CCC""'"'~~~~L~"""~""'~'~CCC';;'.:'icc;~Te~~c~C<"=I~~;:~~~~~~~;~~,,;s~\1L~~~.o~, Intergovernmental Cooperative Agreerr~Jh~ur~,~tsPS::2inii;9 ie. .this I between . -~-- Pima County and Town of Marana for the Communirj Development Block Grant Program and HomE: ffjVEstmerit.Parmeship.. Program: This IntergovernfT!ental Cooperative Agreement made and entered 'into this ~ day~f 2004; by and between the County of Pima, a body politic and corporate of the Stat~ of Arizona, hereinafter referred to as "County," and the Town of Marana, a municip'al 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 seNices and enter into agreements with one another for joint or cooperative action pursuant to AR.S. S 11-951, et seq. - B. WHEREAS it is necessary to eflter 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 heusing and community devefopment 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 1b~J2rovisions of tl}~~~Ieem~nt ~:md the.Q[QY~lQn~L gf t~e Agr,?'emenUQ[ .&1anaQemenJ . and Implementation of the COSG Program and HOME Program Agreements entered into by the parties, which Agreements are hereby incorporat~d by reference' as if fully set forth herein, in accordance with the terms and conditions hereinafter provided and subject to./ocal ordinance and State and Federal law. NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereina~er set forth, do mutlJally 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 provisions of the Housing and Community Develop.ment Act of 1974 and subsequent amendments, the laws of t'le State of Arizona, 'and the teilT1s and conditions provided -herein. In this resp~ct, the Town agrees that the County is hereby: delegated the powe~ to p.lan and undertake c.ammunifydeve!opmelJt.,p.IQj.ects within its jun;iQlgtlQn c;!f1g will h~lV€? 1 ~ 3 ~ e m 2 ., -~ t 2 "7 Ll m IS) ~2 a :2 6 I .l"-~ ,-- - --- ---------.rl---.-----:---:--:----:-;-;-~- c.... . .. . . . .. .' '."..-"':;"~-'. "-=...-:..' ...-. ''':' - - -._- - -=-.::. ~-- -- "'---,.....,...--- ._-.-------.._._-. . '.'C_.__'::-.=..;",;".__.._ .___.___.___ __":"'.":'.:' .;~~::.' .. . ., __. _ _0 __.:.,.....~_d.:_',-::....:.:.:.~. _-:-:..~...;:.-_:.: :.._ '._ _ ," -. . .~"" .-- -- th~-fi~~~T~e~p;~~.ibllitYi;;;~i~cti~-~II~cb i3-G-a ri~n.iC5 ME' p;-olecf~ -Tri~:~-~~-raance 'With1he:~~~ .~.--:-.-" approved Community Development and Housing Consolidated Plan pursuarit to 24 CFR Part 91. . 2. It is understood and agreed that the County as the Grantee is to take the final responsibility and to assume all the obligations of applicant for assistance under the provis}ons of said Housing and Community Development Act of 1974 and subsequent -m-nd."""~""':'- L'-_~l-.r__ >'--- --"';"--H,... -- -- . .i--.... 1-,\" U' 'D --rbie..;-. to chao na~ h C ilCI. .IJ'iClll':::, UJC L:.Jt.v=-yc.::r "-"=ilmLal.zOljS. .r;~- ~.cq.UIJ~Ljl..l'Y I.!t; -r ..:::u J G..:.'-.." .[. ":_~_~~:rl,-.. legislation or regulations and the Consolidated Plan. 3. The County and Town agree to cooperate to undertake, or assist In unpe.rta.king, community renewal and lower income housing assistance activities; specificaiIY)Jrba~ renewal and publicly as~s!sted 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 pe 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 t6 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 Oy the United States Department of Housing and Urban Development. AIl 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 respectiv~ jurisdiction with their own fun~s. 6. !he _ 1 st _ day of Julv 2004 ,shall be the effective da!e of Agre~m~I]1 which s~~1I .~e!l)~in In force for three years. This Agreement covers CDBG "and HOME Program funding for Feqeral Fiscal years 2005, 2006, and 2007. This Agreement may be amended to ~xtend the term of Agreement in order to complete activities funded but not completed, or to expend program income received during the three years covered by this Agreem~nt. 7. The Town and the County recognize that the County shall be the govemmental en~ty required to execute any grant agreement received pursuant to Consolidated Plan, cmd that the "County shall thereby become respon"sible thereunder for the proper performance of the plan and program.. l:"he Town agrees that it shall fully cooperate with the.County in all efforts .hereunder and that they wHl assist in doing any and all things required or appropriate to complY with the provisions of any grant agreement received. by the County pursuant t.o the Act and its regulations. . 8. All records of the County .or Town related to this Consolidated P[an and any proj~cts ..undertaken pursuant thereto shg!l tJpqn r~~~9nC!ple ~9tice! be available for inspection by HUD, County, and/or Town auditors, during normal business hours. - .--- 'l 2 i s i ~ :1 2 7 1.\ IS~ IS! ~~ :B 2 "7 - .-.-.- -.-.-.---- -. . . r----~----:----:-:---':'"""..-~---:-.--:-~---"-------- '-" -.__ ....A. . '_~'" _ .__ -'C _ _.. _ _.... .h._._. -,. ::::::.~.-.~-~:.:::::-: ;.:-:~:..~::-:-.~:.~::-----:...-~::-:.~~;~~~~~;~:~.:=::-~;-~~;"-=::'..:': ::~--::~_ :--.;-. ."~_--=:~~.-_ :-~~- -~_\'.-.-.' ~-:-::-::-:~:.:-:A"~_~~7_~::~~:/::~~:'-:':'~'_=:::::=,~==-: :___ '___ .--:-.. -'_ _ u "'__." . '_'_ ..".:__... .... '_,.' _-:; _U_'._' :. .. - - a v. - - - - - ~""':.".'.: .. :. -'. .- -.: '. -'.: .-~:. .: := .".--: ~. .:.-..... -.', ~"- . - .'~:':. '.- ,. ;-' ..- ". . :::. -.' -' 7 ;. . ".,,::- - .. .-, '-:.- -......_, <. ...~~. .-;- .'__ "...n',:. "~':'~. _.-~ ,\,. ,:~::.!-.,."':'; ._u ...,....., ~. ,.;............. o.._ _. .~,' _. A, ._ This Intergovernmental Cooperative,Agreement shall be binding upon the parties hereto, their succ.essors and assignees. Any assignment of Agreement shall be void without the consent of the othe'r 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 .~.OME. Pro~r~m r~sQurces towa:.d,t~e ?~veropm~nt of viable urban c~~munities, ~y - -,--, .. - c " --,"'p.rov~G~ng.Gec:~Ill,.tlO~~jn.gc2nd~.a _- SLJ:iI2DJ9 ~ Jr'l10g~, em~'l[~,:-!~en.L?nd.,.exp2narng.,ecanomlc_ opportunities; principallyJor persons of low- anc;i moderate-income.- -, - - -, - 11. County and Town will take all required actions ._riecess~HY ..to. comply' with the prban ,Countys Certification required by Section 1 04(b) 6f Jitle I Of thet1ouS-iiig'arid. Comm'Urlity - D$veldpmeilFAcf of" 1 97.('a'samerided"/iri"cludin'g'TifleVibi 'ihif Civl/'RightsAct 0[1964, the' Fair Housing'Ac( 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 exft 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 shall 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 aweement 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 fn the Urban County Qualification Notice applicable for the year in which the next qualification of the. U_rRan Co~Oty is $c.h~du!~d sh~1! C!tJtomatLC9!ly tef"ITlinate this Ai1!~~Q1e!lt fC?lIowing. t0e 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 to subrecipients, including the requirement for a written Agreement set forth in 24 CFR 570.503.. 1 2 li, S e ~ , ~ .,.- 1 :2 '7 1.1 IS1 lSi ~E 8 :2 :6 - _=-~ -...=. - ~~~ .'- . - ~--7'.- _n - ---:- --::~ ----:---_- - -.--;::-:_.:-:-: ::_.___-::--_--:___~ -.::-__-:-;-.__ ____ .~_ .. . ---- -. . -.... - - -.. ...- -,.- .._ -.. '.- m '.' ... ._.. . ,..'_.~_'. .__ , . :i":~. _ . ~_....:__ . .__...:.~i ...:..:....:.._.~._._.,:.. .:......_~....:.: .:..::..( ..': '-"~"~.:-'-~: ~.._'_.._~' ..:.:....:-;-::........-....=-. :_'_' :..:..... _...:.:._ :..-:..;::_~ __'.. __ __ _ _ . _ _--=. _._=-. _ __ . ----.... ".--.-...-.".'- ..-----.---....-. .--.-.. - "._-.. ..- .... .-. '-'-'''''- -.... .-.._--.... -....-... ....-------..- -.-..-.,-,-.-.---....-... _: .,..-.---;~~..---- : ...:... ',"' :".-':..... ~- '.~ :.:::~.::.~:_7'"i.~! :::..;i-:.~.;-;:: !'..:.;.':",-+ .:7~~~J:""~~~~:~"~:':':'':':'~'>_'':._:.'' :~..:;".: .~-;.~.::-.,::~,..: ,~.:-:;,....;.,,:~. :-.;.' :~;_'.~-: -:-::=2. ''';'i~-~,:''''::~ -:'~~ ::"f:.i-;....;;:'''':.-:.=:,..: ~=-;;:,::~!:...L.,...:=ii;.:::;:,'_.:,""~-7:,~:.:;;:::..,.~i,;,. :.:~i:~.:i:.:::,. ,:::,:,,:.:-."':"~i:-; '_:':;:;:'_~ .;".,:. .::. ~ _ "..:... t. .- --. : - h -.- . --;-"-"-15.-The~Cou-ritY; as-tf'-e-CDBG -grant recipientf6r the ;Urban -=:couhty'ha~(fljrr'res~p-bnsibilitY'f6r-the'~'~"" . . execution of the community development program, for following its Consolidated Plan, .and for meeting the requirements of other applicable laws (e.g., NationaIEri'vironmentaIPolicy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil RighfsAct of 1964, Sec. 504 of t[1e Rehabili~ation 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 'C9fT.l0.lunity dE;y?}oPrnent pmgraf!l, for -foHOwing pleConsQlid2ted P12n~and for'erisuring . thaI a~tions necessary for such accomplishment are taken: by Town. . .. .. 16. The parties Clc~no,^,le~ge that A,f3..S. 8 38-:51J/equiresJhat.n.o~ic~,off:..fZ.S,..838;:-5t1be .. ih,cfl.1ci~9. in'~y~&q9ritrad of apolitical.subdivisiOn:of the.State '(jf -Ai"izooa"aild thatbo.th .._.... ...a".:_'..,.. __..........---'1 ._........ _' - ..' '.' '. _ .' .... ...... ._. .. .., . . .,....... - '_ ......... '. .-.., ,. ," _ .... partiesmusfcomply with all applicable provisions bf Arizona Executive Order 75-5, as amended by Executive Order 99-4 [relating to non-discrimination]. THIS SPACE INTENTIONALLY LEFT BLANK i ~. ~ r 1 2 '7 4 ISl ISl :2 a :2 !3 -- --.---....-- -..__..._n____ _.._.._.__. __ '___ ..'?----",--:.n-..-.-_h'C._ ''C---. '';: ;.... '- .. '.",-.'.:, ;- .. ..-...-----..---...--. . . --. --'.. -..-... _. -.. .. -..-..----. -.- --- -........-.. . --. .:-. '. . , --.-----.-7.:77::::-.':":.-.::-':.:-:::-: -:::-::.:--.-: _. ::n_'~_ ~_:_-: "'":. .. . ...--....-....-.. --.-.-...-. ---- -.. .--..-...- .- "- ~--- -..--.-----.- ..... .... .. ,- ..- ...-..-.-. .... .-.-.--..--.......-.-..- ...------ ..-.- - . . .- -.... -" .- -- ~:--....- .- -.-..- -=---:::---=--- -- ----;--- IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed the _ day of . 2004 . PIMA COUNTY BOARD OF SUPERVISORS TOWN OF MARl'l..NA ~~ Chair, Board of-Super:viso~sJUN I 2004 d~ Mayor . . . A TrEST: ~.~ ~ />'.~ 0~ Cle k, BQ?lrd df SupervIsors ATTEST: REVIEWED BY: 1 i ! e fll 2 ! ~ Pursuant to AR.S. s11-952, the undersigned, Pima County's legal counsel has determined that the above Agreement is in proper form and is within the powers and' authority granted under the laws of the State of Arizona to Pima County. Pursuant to AR.S. S 11-952, the undersigned, Town of Marana's rega'- Counsel has determined that the above agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Tqwn of Marana. 1 "::1 ~" ""'I 1..1 IS! ~l .2 ~i l~ Paula Wilk Typed Name of Legal Counsel Frank J.. Cassidy Typed Name of Legal Counsel / , -pm b T Sigrratrrre oflegal-C-~lJns.er flb-f) 1, .' I ! . --.'---.----.-.------- -.---.--.-.-----. - . ... -. -., .......-... - . , . ....~.:".,:~. '.~ -"I-~;;'-:;'::";' .~:.:.:...::-.:.;;~:~::,;-:..:.. i ,;.:;~:.:.:..,:.i,::.:;"".:.=:...:.i.=;~~.~-~ ~:_~~ j;-~~:._;~~: ~~:~-.. :~.~ ~~~-.:.:=~::....,__:;.:~:....=.::.._:=~ ~-:::::- ::...,-:=:....:..~:.~-:::-:~:;_;_.."7. ~~:::~~::=-:::;:=~;:-.:~=-:-- .~.. -. -=:-:... .~~....: {_ :'.~~:_' .:'~ ~~~"~" :::..~~~:. -:~~..: ~ :~, =-=---=---= ~ _=_=---: '. ' . . . .' . .- . ,- . '. .-_. .-.-.'-'.' ':". ~ '. -~'.'. ... .....-~~-.'.._'.... '-' .' .... --..- - - -- -.. -. .... - ....... . .-. --. ..... '.. - .--" ~-- "---.' -.. . '...p'.' -.' " '.... .... , .. _ h. --. :"':.:' :-.---;,...:.~.~::~ '-:.- . "~-"'-. ....-. OPINlON OF DEPUTY COUNTY ATTORNEY . --.... .- .-. ......- -" ...-. - -- .--.-.. ..- _ ._"_,, .... _h_._,... ""._"'_' _ .__. _ . . .. . "- . .._ .__ ..~. __ _U'_.__. .., ..... ..- ..... ._--.. .... _.. . '-'.. -.. _.. -...- . -. - . - INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF M~RANA FOR THE COMMUNITY D~VELOPMENT BLOCK GRANT PROGRAM AND HOME INVE~TMENT.PARTNE_~?~IP PROGRA~ . ..... .'. '., _". : .-......;.:...-{;~:~;::;;,:.-':: '_,..'-', i~<: ".- .--t.-/~.:,:,- :....:.-: ._q .._ . -. . ~. . - . ~ '. . . 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. - . I have examIned the lntergovernmental 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 accord~nce with State and local legal requirements. I 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 s"tate"affdlocanaw. -- - - ----- .--- -.. --- -- - -- To the best .of my knowledge, there is no pending or _ threatened litigation affecting the implementation 'of the Cooperation Agreement or the abJlity of the Cou.nty 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. . 4 ,I. 2 tl ! ~ ~ 1 .~ -:P. ?1LQL. 8epl:Ity-GSl:IAty-Attsmey Civil Division - :1 2 "'Ii! ~!i. 11~ 1~1 ~2 a :3 '1 ,.. , , EXHIBIT E PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2006-2007 CONTRACT # TOWN OF MARAN A ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, HONEA HEIGHTS NEIGHBORHOOD PARK FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS FOR THE MONTH OF 20_ REQUEST # Activity Budgeted Expenditures Cumulative Balance This Month Exoenditures Available Administration $25,000.00 Housing $40,000.00 Rehabilitation Affordable $30,000,00 Housing Land Acquisition Honea Heights $75,000.00 Neighborhood Park Total Budget $170,000.00 Funds requested this month $ . (this line must equal the GRAND TOTAL column for "EXPENDITURES THIS MONTH") 1 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 DATE DATE Revised August 06 13 EXHIBIT F PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2006-2007 CONTRACT # TOWN OF MARANA ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, HONEA HEIGHTS NEIGHBORHOOD PARK 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 Grant Agreement amount and submitted within 60 days of the request. Requests for budget change may not be accepted after April 15, 2007. Please include the following: Date: Name of person requesting change: Activity Budgeted Requested Balance Available Modification Administration $25,000.00 Housing $40,000.00 Rehabilitation Affordable Housing $30,000.00 Land Acquisition Honea Heights $75,000.00 NeiQhborhood Park Total Budget $170,000.00 The reason for the changes to our budget is as follows: Authorized Signature Date '.1ail or fax to: Allen Kul\vin Pima County, Kino Service Center 2797 East Ajo Way, 3rd Floor Tucson,AZ 85713 Fax Number: 520-243-6796 Revised August 06 14 RESOLUTION NO. 2006 - 325 RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT IN THE AMOUNT OF $170,000.00 WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF T.HE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THAT INCLUDES ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, AND HONEA HEIGHTS NEIGHBORHOOD PARK. WHEREAS, Pima County has submitted an application consisting of the Annual Action Plan 2006-2007 to the U.S. Department of Housing and Urban Development ("HUD") for 2006-2007 Community Development Block Grant ("CDBG") funds; and WHEREAS, in the event that HUD approves Pima County's 2006-2007 Annual Action Plan, it is the desire of Pima County and the Town of Marana that the Town of Marana's allocation of the grant be implemented by the Town of Marana. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY that the accompanying Intergovernmental Agreement ("Contract") in the amount of $170,000.00 for the management and implementation of the CDBG Program that includes Administration, Housing Rehabilitation, Affordable Housing Land Acquisition, and Honea Heights Neighborhood Park with the Town of Marana be approved, provided that, as a condition precedent to the Contract becoming effective, HUD must approve Pima County's 2006-2007 Annual Action Plan; and BE IT FURTHER RESOLVED that upon HUD's approval of Pima County's 2006-2007 Annual Action Plan, the Chairman of the Board of Supervisors is authorized to execute the Intergovernmental Agreement and any related documents necessary to implement the agreement. PASSED AND ADOPTED ON DECHmER 12. 2006 ATTEST Clerk, Board of Supervisors APPROVED AS TO FORM: ~~~M~' "D ty County Attorney CONTRACT NO. {);'1~. PI /5'157.. / ~~ b AMENDMENl ,,"0, This numoer rr_~, =::::ar invoices. CO""'s::c~,;':e documents Ce',s r,rg 10 contract. on all and this INTERGOVERNMENTAL AGREEMENT 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 AR.S.~ 11-951, et seq. B. COUNTY is authorized by AR.S. 9 11-254.04 to spend public monies to improve the economic welfare of the inhabitants of the COUNTY. C. TOWN is authorized by AR.S. 99-500.11 to expend public monies for and in connection with economic development activities. D. COUNTY and TOWN are authorized by AR.S. 9 36-1403 to exercise certain powers relating to housing projects. E. COUNTY applied for and received funds from the United State Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD ACT), Public Law 93-383. F. COUNTY through its annual Community Development Block Grant (CDBG) proposal process for federal year 2006-2007, required all applicants to submit a proposal for each of their projects that they would like to be considered for funding. G. TOWN submitted a response to COUNTY under solicitation number CDNC-12-1-05-CDBG-ESG-OA H. COUNTY submitted its 2006-2007 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), which included the TOWN'S proposal. I. COUNTY has determined that the TOWN is qualified and willing to provide the proposed services. J. COUNTY finds that it is appropriate to provide CDBG funds for TOWN'S program. NOW THEREFORE, COUNTY and TOWN, pursuant to the above, and in consideration of the matters and things hereinafter set forth, 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 herein as Exhibit A. 2. Scope. TOWN shall: A Use the CDBG funds provided through this IGA in accordance with terms of: the 2006-2007 Annual Action Plan ("Plan") submitted by COUNTY to HUD for CDBG funding; the Certifications that were submitted concurrently with the Plan; and, with the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program contained in Exhibit D and fully incorporated herein. 8. Perform in accordance with the Project Summary Exhibit A set forth in this IGA The work under this IGA must be performed to the satisfaction of the COUNTY. C. TOWN shall comply with the Special Agency Conditions set forth in Exhibit B. Revised August 06 1 D. TOWN shall undertake the same obligations to the COUNTY, as the COUNTY does to HUD pursuant to said Plan and assurances. TOWN will hold COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any failure on the part of TOWN to fulfill any obligations to HUD. 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. These objectives include: benefit to low- and moderate-income persons; aid in the prevention or elimination of slums or blight; and meeting community development needs having a particular urgency. F. Warrant compliance with the Town's Certification contained in Exhibit C and the Intergovemmental 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. G. Employ suitable trained and skilled personnel to perform all services under this IGA. H Provide quarterly and annual program reports on the COUNTY web based reporting system at htto:/lwww.oima.Qov/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 on the following dates for the preceding quarter: a) January 31 b) April 30 c) July 31 d) October31 2. The quarterly reports shall include: a) Demographic information including client's address; income level; family size; race; whether the family is female- headed household; services provided; and, whether anyone in the family is elderly or handicapped. b) A narrative of the program's accomplishments; problems or concerns impacting the achievement of the program's goals and objectives during the past quarter; and, an output and outcome report. 3. The annual report shall include a community impact narrative, demographic information and a financial report. TOWN shall submit the annual report no later1han January 31,2008. I. 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, the COUNTY agrees to reimburse TOWN in an amount not to exceed $170,000.00: A. Budget: Administration Housing Rehabilitation Affordable Housing Land Acquisition Honea Heights Neighborhood Park $ 25,000.00 $ 40,000.00 $ 30,000.00 $ 75,000:00 B. The total amount of this IGA is $170.000.00. 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. No funds other than the CDBG funds earmarked for TOWN'S projects as set forth in this IGA will be expended or advanced by the COUNTY. The following conditions shall apply: a. All of TOWN'S activities under this IGA must comply with the budget to be eligible for payment. 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. Revised August 06 2 c. TOWN shall suumit monthly requests for reimbursement no more tnan 30 calendar days following the end of each month except requests for payment for expenses occurring in May must be submitted by June 15; and an estimate for expenses occurring in June must be submitted prior to July 7. d. All requests for payments shall be on the form set forth in Exhibit E. Each monthly request for payment shall include: i. 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/or checks (front and back) or 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. Any requests to modify the current fiscal year budget line item amounts must be submitted to COUNTY and must: i. Include invoices for the requested change; and ii. Be for expenditures made within 60 days of the date of the request. 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 ten (10) 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. Within sixty (60) days after the end of the month in which expenses were incurred in the months of October through March; 2. No later than June 15 for expenses incurred in April and May; 3. No later than July 6 for expenses incurred in June; 4. Within sixty (60) days for expenses incurred in July through November; and 5. No later than January 31, 2008 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 shall, at its sole discretion, determine whether it will require TOWN to: 1. Refund to COUNTY the excess amount received. TOWN shall refund the excess amount received to COUNTY within thirty (30) days of receipt of the request from COUNTY; or, 2. Provide, for no additional reimbursement, additional units of IGA services during the following IGA term, if any. Such additional units of service must be provided in a number equal to the excess amount received by TOWN divided by the unit fee in effect at the time the excess funds were provided to TOWN. I. To the extent permitted by HUD regulations, TOWN may be paid for planning and administration activities occurring after July 1, 2006. All planning and administration costs not used by the end ofthe next fiscal year, June 30,2007, shall be forfeited. J. For the period or record retention required under Article XVIII, COUNTY reserves the right to question any payment made under this Article 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 , 2006 and shall be recorded with the Pima County Recorder following execution by both parties. Except as otherwise provided in this IGA, this IGA shall terminate on December 31. 2007 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. Revised August 06 3 5. Termination. A. Termination: 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, except that if the Community Development Block Grant from the Department of Housing and Urban Development under which this IGA is made, is terminated or the amount of the grant reduced, the County, shall thereupon have the right to terminate or reduce the IGA dollar amount of this IGA by giving the TOWN written notice of such termination and specifying the date thereof at least fifteen (15) days before the effective date of such termination. In the event of termination under this paragraph, the COUNTY'S only obligation to TOWN shall be payment for services rendered prior to the date of termination. B. Suspension for Cause: COUNTY may suspend operations and payments under this IGA immediately for violation of IGA contractual requirements, unsafe working conditions, violation of Federal or State law, or lack of reasonable progress in accomplishing objectives and schedules contained in this IGA. C. Administrative Suspension: COUNTY may temporarily suspend operations and payments under this IGA immediately at any time if the Pima County Board of Supervisors or Administrator determines that it is in the COUNTY'S best interest to suspend this IGA. In the event of such suspension, TOWN shall assist COUNTY by providing information and documents to evaluate the status of the IGA and whether it should be continued. 6. Disposal of Property. Upon the termination of this IGA, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this IGA, nor affect any ownership of property pursuant to IGA. 7. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) 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. 8. 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. 9. Non-Discrimination. The parties shall not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this IGA. The parties shall comply with the provisions of Executive Orders 75-5, as amended by Executive Order 99-4, which is incorporated into this IGA by reference as if set forth in full herein. 10. ADA TOWN shall comply with all applicable provisions ofthe American with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 36 and 36. If TOWN is carrying out a government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to 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. 11. 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. Revised August 06 4 12.. Conflict of Interest. This IGA is subject to cancellation for conflict of interest pursuant to A.R.S. S 38-511, the pertinent provisions of which are incorporated herein by reference. 13. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining this IGA. In the event of such cancellation, COUNTY shall have no further obligation to TOWN, other than for payment of services rendered prior to cancellation. 14. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 15. Worker's Compensation. Each party shall comply with the notice of A.R.S. S 23-1022(E). For purposes of A.R.S. 923-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 16. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between COUNTY and any TOWN employees, or between TOWN and any COUNTY employees. Neither party shall be liable 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. 17. 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 affect the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 18. 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 Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3rd Floor Tucson, AZ. 85713 Ed Honea Town Mayor 11555 West Civic Center Drive Marana, AZ 85653 With copies to: C.H. Huckelberry County Administrator 130 West Congress Street, 10lh Floor Tucson, AZ 85701 Lori Godoshian Clerk of the Board 130 West Congress Street, 5th Floor Tucson, AZ 85701 19. 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 un this IGA, which shall be open at all reasonable times for inspection and audit by duly authorized representative of COUNTY. Such records shall include, but are not limited to: 1. Records providing a full description of each activity taken; Revised August 06 5 2. Records demonstra'.,.::I that each activity undertaken meets one of thL dtional 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 ofthe 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 the COUNTY'S annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. TOWN must comply with Section 570.506 "Records to be Maintained" of the Community Development Block Grant Program - Entitlement Grant Regulations. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised August 06 6 20. 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 resolution of the Board and attested to by the Clerk of the Board, and TOWN has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by: Chairman, Brd of Supervisors Date: DEe 1 2 2006 TOWNf:(71~ Mayor II f'l I Date: - () (J'() .., A~~~~ ClerK 0 the Board Date:DEC 1 220-0S-- A~~ 60 . I."" /I 0 (; APPROVED AS TO CONTENT ~. (0- IrK' lopment and Neighborhood Conservation Director The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. 911- 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 ~M'7 e~4.) D County 7J..ttorney Date: \\ - 21'> -Ol.o Revised August 06 7 EXHIBIT A PROJECTS SUMMARY See attached for each project: Administration Housing Rehabilitation Affordable Housing Land Acquisition Honea Heights Neighborhood Park Revised August 06 8 CPMP Version 2.0 Grantee Name: PIMA COUNTY Project Name: ITown of Marana - Administration Description: I IIDIS Project #: 134 I UOG Code: 14019 Administration of the CDBG program . Location: 11555 West Civic Center Drive, I Planning/Administration I~ Marana, Az 85653 in the Marana Select one: designated colonia. Explanation: Expected Completion Date: Local Government (Or;,FJG[2007)' .. '. p. .. r- Objective Categbry o Decent Housing o Suitable Uving Environment o EGQnomic Opportunity .~ ."~If~~T'li'.~_1Xfli[~1'jl~11It~.<:. ,t~.~ :'\~~'-)F.'-.;"':~' ~~".: - :~,'~ -~. " ,,,fUlL: .~'~~" I' ~ IiI! . Outcome Categories 1 o Availability/Accessibility \..- o Affordability 2 '0 Sustainability 3 I... , .. VI Accompl. Type: \..- Proposed Accompl. Type: \..- Proposed ol?i Underway Underway r:: a; Q} NIA Complete Complete > E IV \..- \..- "'j .r:: Accompl. Type: Proposed Accompl. Type: Proposed VI 'tl= Underway Underway Q} Co Complete Complete .~ E 0 J. 0 \..- 1..- . . 0. u Accompl. Type: Proposed Accompl. Type: Proposed u ~ Underway Underway . ... Complete Complete .. Proposed Outcome Performance Measure Actual Outcome' 21A General Program Administration 570.206 1..- Matrix Codes \..- Matrix Codes 1..- Matrix Codes \..- Matrix Codes I... Matrix Codes 1..- ,... Fund Source: I... Proposed Amt. Fund Source: \... Proposed Amt. J. Actual Amount Actual Amount to \... Proposed Amt. \..- Q} Fund Source: Fund Source: Proposed Amt. > Actual Amount Actual Amount E __. __.u ... .~._-~. .. , . . .. --. _._.. .. n__~__"~ __ . .. to Accompl. Type: I "Ii'" Proposed Units ACCO~pl. 'Tvpe: I..... Proposed Units J. C'I Actual Units Actual Units 0 Accompl. Type: I... Accompl. Type: 1..- J. Proposed Units Proposed Units C. Actual Units Actual Units Project (34) 1 CPMP N CDBG I.... Proposed Amt. 25,000 It Fund Source: \.... Proposed Amt. J.. Actual Amount Actual Amount l'CI I.... Proposed Amt. \.... Proposed Amt. Q.J Fund Source: Fund Source: >- Actual Amount Actual Amount E .- -- . - ... .. . . ,~.. '___h.,_; . .-- -.. -~ .. .. l'CI Accompl. Type: I.... Proposed Units Accompl. Type: I.... Proposed Units J.. C1 Actual Units Actual Units 0 Accompl. Type: I.... Accompl. Type: I.... J.. Proposed Units Proposed Units c.. Actual Units Actual Units \Y Proposed Amt. ,. Iy Proposed Amt. . ....,..-...,..".,.., -. ." M Fund Source: Fund Source: J.. Actual Amount Actual Amount ra I..... Proposed Amt. I..... Proposed Amt. Q.J Fund Source: Fund Source: >- Actual Amount Actual Amount E .. ... - ~ - '- ... . .._- - '--- ,.-.- . ".--'._- - ... ... ra Accompl. Type: I..... Proposed Units Accompl. Type: I.... Proposed Units J.. C1 Actual Units Actual Units -0'- J.. Accompl. Type: \... Proposed Units Accompl. Type: \..- Proposed Units c.. Actual Units Actual Units ~ Fund Source: I..... Proposed Amt. Fund Source: I..... Proposed Amt. J.. Actual Amount Actual Amount ra I.... Proposed Amt. I.... Q.J Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E .. ~'- . .. - ... .. l'CI Accompl. Type: \..- Proposed Units Accompl. Type: I.... Proposed Units J.. C1 Actual Units Actual Units 0 Accompl. Type: I.... Accompl. Type: \.... J.. Proposed Units Proposed Units c.. Actual Units . Actual Units Fund Source: I..... Proposed Amt. I.... Proposed Amt. . . In Fund Source: J.. Actual Amount Actual Amount ra \..... Proposed Amt. \.... Q.J Fund Source: Fund Source: Proposed Amt. >- E Actual Amount Actual Amount l'CI Accompl. Type: I..... Proposed Units Accompl. Type: I.... Proposed Units L. C'I Actual Units Actual Units 0 L. Accompl. Type: I.... Proposed Units Accompl. Type: I.... Proposed Units c.. Actual Units Actual Units Project (34) 2 CPMP Grantee Name: PIMA COUNTY Project Name: Location: Census tract 44.06, Block Group 1 in the Marana designated colonia. Select one: I Owner Occupied Housing Expected Completion Date: - u. 6/30/2007- 0, 1ective Category @ Decent Housing o Suitable Uvirig Environment o Economic Opportunity Explanation: Local Government Outcome Categories o Availability/Accessibility o Afforclabllity o Sustainability 2 3 ..... ..... 10 Housing Units ..... Proposed 10 Accompl. Type: ..... Proposed III .... Underway Underway -c GI GI Complete Complete > E ~.c Accompl. Type: ..... Proposed Accompl. Type: ..... Proposed I III 'tl:.: Underway Underway GI Co Complete Complete '0' E I. 0 Accompl. Type: ..... Proposed Accompl. Type: Proposed a. u ..... u Underway Underway <( _ _ Complete Complete Pro osed Outcome Performance Measure Actual Outcome #hsg units focused on Imprved 10 quality or access to housing .... Fund Source: ..... Proposed Amt. I. Actual Amount ltl Proposed Amt. CD Fund Source: ..... > Actual Amount E ltl Accompl. Type: '9" Proposed Units I. tn Actual Units 0 I. Accompl. Type: v Proposed Units D. Actual Units Fund Source: Proposed Amt. Actual Amount Fund Source: Proposed Amt. Actual Amount Accompl. Type: ... Proposed Units Actual Units Accompl. Type: ..... \Proposed Units . Actual Units 14A Rehab; Single-Unit Residential 570.202 Mabix Codes Mabix Codes Project (37) 1 CPMP €'I CDBG I~I Proposed Amt. 40,000 I,:{:: Fund Source: \~ Proposed Amt. L.. Actual Amount Actual Amount ra I~ Proposed Amt. I~ Proposed Amt. Q) Fund Source: Fund Source: >- Actual Amount Actual Amount E . '--'--. -- 0" ._.."_ -.- - -- ...-- -- - - -- --_. - to 10 Housing unitsl ~ Proposed Units 10 Accompl. Type: I ~ Proposed Units L.. Cl Actual Units Actual Units 0 Accompl. Type: I ~ Accompl. Type: I ~ L.. Proposed Units Proposed Units D. Actual Units Actual Units \... Proposed Amt. 1----.--- --0 0 --- -- 1..- Proposed Amt. ..,.-....,... --. ",,---.,... rI1 Fund Source: Fund Source: L.. Actual Amount Actual Amount to I... \... 11l Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- Actual Amount Actual Amount E ..-._-,,- .-. ---- ..- - -- --- - to Accompl. Type: I ~ Proposed Units ccompl. Type: I ~ Proposed Units L.. Cl Actual Units Actual Units -0 Accompl. Type: \.... Accompl. Type: I.... L. Proposed Units Proposed Units D. Actual Units Actual Units o::t Fund Source: \... Proposed Amt. Fund Source: I... Proposed Amt. L. Actual Amount Actual Amount lO I... I... CV Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- E Actual Amount Actual Amount lO Accompl. Type: I.... Proposed Units Accompl. Type: I... Proposed Units L. Cl Actual Units Actual Units 0 Accompl. Type: I ~ Accompl. Type: I... L. Proposed Units Proposed Units Co Actual Units Actual Units II) Fund Source: I... Proposed Amt. Fund Source: I... Proposed Amt. L. Actual Amount Actual Amount lO \... I... CV Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- Actual Amount Actual Amount E - -._. - lO Accompl. Type: I... Proposed Units Accompl. Type: I... Proposed Units La CI Actual Units Actual Units 0 La Accompl. Type: \... Proposed Units Accompl. Type: I... Proposed Units Co Actual Units Actual Units Project (37) 2 CPMP CPMP Version 2.0 Grantee Name: PIMA COUNTY Project Name: Town of Marana - Affordable Housing Description: IDIS Project #: 35 UOG Code: 4019 Purchase of land in which a home will be constructed and sold to first time homebuyer who meets program requirements and who is low to moderate income household. A total of 1 lot will be purchased. Location: Census tract 44.06, Block Group 1 and Census tract 44.08, Block Group 3, in the Marana designated colonia. Expected Completion Date: 6/30/2QQ7 . o jective category @ Decent Housing o Suitable uving Environment o Economic Opportunity Outcome Categories o Availability! Accessibility o Affordability o Sustainability Ul ..., - C GJ GJ > E ~.c I Ul 1J= GJD. '0' E I. 0 0. u u < 10 Housing Units Accompl. Type: Accompl. Type: Pro osed Outcome # of housing units completed in this project Select one: I Owner Occupied Housing Explanation: Local Government ... Proposed Underway Complete ... Proposed Underway Complete ... Proposed Underway . Complete Performance Measure 1 Accompl. Type: ... Proposed Underway Complete ... Proposed Underway Complete ... Proposed Underway Complete Actual Outcome Accompl. Type: Accompl. Type: 1 Matrix Codes 01 Acquisition of Real Property 570.201(a) Matrix Codes 'I""l Fund Source: Proposed Amt. I. Actual Amount III Proposed Amt. GJ Fund Source: >- Actual Amount E III Accompl. Type: ... Proposed Units I. Cl Actual Units E Accompl. Type: ... Proposed Units 0. Actual Units Project (35) Fund Source: ... Proposed Amt. Actual Amount Fund Source: ..... Proposed Amt. Actual Amount Accompl. Type: "'" Proposed Units Actual Units Accompl. Type: ... Proposed Units Actual Units 1 CPMP . ' CDBG I..,. Proposed Amt. 30,000 I", Fund Source: I..,. Proposed Amt. N L.. Actual Amount Actual Amount ~ I..,. Proposed Amt. I..,. Proposed Amt. OJ Fund Source: Fund Source: >- Actual Amount Actual Amount E .~.- ~ -.. - ._-, --. - .._-- C"__ _0- . ~ .. - -- - - .".. .- ... ~~ ..,. ~ 10 Housing unitsl..,. Proposed Units 1 Accompl. Type: I.... Proposed Units L.. C'l Actual Units Actual Units 0 Accompl. Type: 1..,. Accompl. Type: 1.... L.. Proposed Units Proposed Units D.. Actual Units Actual Units \v Proposed Amt. "'--".,...-" .-"...,-. .-..... Iv Proposed Amt. ,..,...-c.,........ .....h.,_,.._:'........._," M Fund Source: Fund Source: L.. Actual Amount Actual Amount ~ I" I.... OJ Fund Source: Proposed Amt. Fund Source: Proposed Amt. >- Actual Amount Actual Amount E --'0- ..._.. _'_",- .. -- -- - <--- _. -- ~ Accompl. Type: I" Proposed Units Accompl. Type: \.... Proposed Units L.. C'l Actual Units Actual Units 0 I- Accompl. Type: I.... Proposed Units Accompl. Type: I.... Proposed Units D.. Actual Units Actual Units 'I;f' Fund Source: I.... Proposed Amt. Fund Source: I.... Proposed Amt. I- Actual Amount Actual Amount ~ I.... Proposed Amt. I.... OJ Fund Source: Fund Source: Proposed Amt. )0- E Actual Amount Actual Amount . fa Accompl. Type: I.... Proposed Units Accompl. Type: I.... Proposed Units L.. Cl Actual Units Actual Units 0 I- Accompl. Type: I.... Proposed Units Accompl. Type: 1..- Proposed Units D.. Actual Units Actual Units In Fund Source: 1..- Proposed Amt. Fund Source: 1..- Proposed Amt. I- Actual Amount Actual Amount ~ 1..- Proposed Amt. I... CU Fund Source: Fund Source: Proposed Amt. )0- S Actual Amount Actual Amount -. ra Accompl. Type: I.... Proposed Units Accompl. Type: 1..- Proposed Units .1- tn Actual Units Actual Units 0 Accompl. Type: 1..- Accompl. Type: I... I- Proposed Units Proposed Units D.. Actual Units Actual Units Project (35) 2 CPMP Grantee Name: PIMA COUNTY Project Name: Location: Honea Heights subdivision in the Marana designated colonia. Select one: I Public Fadliti~s Expected Completion Date: . 6/30/2007-, Objective category o Decent Housing @ Suitable Uving Environment o Economic Opportunity Explanation: Local Government Outcome Categories o Availability/Accessibility o Affordability o Sustainability 1 Improve quality / increaSe quantity of neighborhood fadlities for low-lncome persons 2 3 III oIJ - C QJ QJ > E .!.c I III 'tl= QJ Q, 'S E L. 0 D. u u < 11 Public Fadlities ..... Proposed Underway Complete ..... Proposed Underway Complete Accompl. Type: 1 Accompl. Type: . ..... Proposed Underway , Complete ..... Proposed Underway Complete ... Proposed Underway Complete Actual Outcome Accompf. Type: ..... Proposed Underway . Complete Performance Measure 400 Accompl. Type: Accompl. Type: Pro osed Outcome # of persons assisted with access to new facility 03 Public Fadlities and Improvements (General) 570.201(c) Matrix Codes Matrix Codes ~ Fund Source: ..... Proposed Amt. Fund Source: ... Proposed Amt. s.. Actual Amount Actual Amount It! QJ Fund Source: ... Proposed Amt. Fund Source: ... Proposed Amt. >- Actual Amount A-ctual Amount E - . --. .. <-..- -.'- It! Accompl. Type: ... Proposed Units Accompl. Type: v eroposed Units s.. Cl' Actual Units 41:tual Units 0 L.. Proposed Units ~ "l:Wft C. Accompi. Type: ... Accompl. Type: ... Bf19Posed Units Actual Units ' 4t;J;ual Units .',r:'r Project (36) 1 CPMP M CDBG I,.. Proposed Amt. 75,000 Fund Source: I.... Proposed Amt. s.. Actual Amount Actual Amount ra \,.. Proposed Amt. I.... Proposed Amt. Q) Fund Source: Fund Source: >- Actual Amount Actual Amount E - _ n _ - -- _"-0 - - '-- _.- - -- -- 0'-_"" ---- - --_. ---. - --- ra 11 Public FaCiliti~ ,.. Proposed Units 1 Accompl. Type: I,.. Proposed Units s.. C\ Actual Units Actual Units 0 Accompl. Type: I,.. Accompl. Type: \.... s.. Proposed Units Proposed Units C. Actual Units Actual Units I..... Proposed Amt. "". '..,", ',', ~- ".,_.,..,.-, -- ,..~. ~ I.... Proposed Amt. ..' ". .. ~... .__w M Fund Source: Fund Source: s.. Actual Amount Actual Amount ra I'" Proposed Amt. I.... Q) Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E - - - - -- ~" ra Accompl. Type: I,.. Proposed Units Accompl. Type: I.... Proposed Units s.. Cl Actual Units Actual Units -0-- Accompl. Type: I... Accompl. Type: \..... s.. Proposed Units Proposed Units C. Actual Units Actual Units 'It Fund Source: I,.. Proposed Amt. Fund Source: I... Proposed Amt. s.. Actual Amount Actual Amount m I,.. Proposed Amt. I... Q) Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E - - ta Accompl. Type: I... Proposed Units Accompl. Type: I... Proposed Units s.. CI Actual Units Actual Units 0 Accompl. Type: I... Accompl. Type: I... I- Proposed Units Proposed Units C. Actual Units - - Actual Units an Fund Source: I... Proposed Amt. Fund Source: \... Propo~ed Amt. s.. Actual Amount Actual Amount ta I,.. Proposed Amt. I... Q) Fund Source: Fund Source: Proposed Amt. >- Actual Amount Actual Amount E - - m Accompl. Type: I... Proposed Units Accompl. Type: I... Proposed Units I- Cl Actual Units Actual Units 0 Accompl. Type: I... Accompl. Type: I... I- Proposed Units Proposed Units C. Actual Units Actual Units Project (36) 2 CPMP EXHIBIT B SPECIAL AGENCY CONDITIONS A. Modification 1) Modifications may be made to this Agreement in accordance with the following provisions: 2) All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and County policies and directives. Approval of modifications is at the sole discretion of County. 3) Major modifications shall be by written amendment signed by both parties. Major modifications include any which do the following: a) Change the purpose of the Agreement; b) Increase or decrease the compensation provided for in the Agreement; c) Change the term of the Agreement; d) Change the scope or assurances of the Agreement; e) Change any section of the Agreement 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. Minor modifications are changes in the Scope of Work or budget that do not change the purpose or total compensation of this Agreement and do not in any way increase the direct or indirect liability of the County under this Agreement. B. Procurement of Goods and Services: Town is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on the credit of the County. Town shall comply with OMB Circular No. A-122, -"Cost Principals for Non-Profit Organizations" (ifTown is a non-profit corporation) and OMB Circular No. A-110. 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 the County will constitute noncompliance with this IGA. If action to correct such substandard performance is not taken by the TOWN within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. 4). Town shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to the performance and impact of the projects, as described in the Projects Summary Exhibit A. D. Client Fees and Program Income: 1) Any program income generated and received by Town as a result of IGA services shall be kept by Town, used for the purpose of this IGA, and reported to County. 2) Town shall comply with Section 570.504 "Program Income", and Section 570.503 "Agreements with Subrecipients" ofthe Community Development Block Grant Program Entitlement Grant Regulations. Revised August 06 9 E. Identification Of Funding and Copyrights: 2) 3) All advertisements, real property, publications, printed and other materials which are produced by the Town and refer to services funded under this Agreement shall clearly attribute "PIMA COUNTY" and the Community Development Block Grant Program in the following suggested format: Funded by: Pima County and the Community Development Block Grant Program Reference to Pima County shall be displayed at least as prominently as other credited funding sources. Town shall not copyright any materials or products developed through IGA services or IGA expenditures without prior written approval by the County. Upon approval, the federal government and Pima County shall have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 1) 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) Federal Requirements (applicable if Federal funds are involved): a) If Town is a state, local government or non-profit organization which expends $500,000 or more offederal funds during the year, then, Town shall comply with OMB Circular A-133 (31 U.S.C. ~ 503, 1111, 7501 et seq. And Executive Orders 8248 and 11541) and includes the compliance supplement OMB Circular A-133, "Audits of State and Local Governments and Non-Profit Organizations. n b) If total expenditures of Federal awards are greater than $100,000 but less than $500,000 then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required annually. If total Federal expenditures are $100,000 or less, but at least $50,000, then a program-specific audit in accordance with generally accepted auditing standards, which includes compliance testing, is required bi-annually. Towns with total expenditures of Federal awards less than $50,000 do not have an annual audit requirement. 2) State of Arizona Audit Requirements: NOT APPLICABLE 3) Additional County Requirements: a) Town shall establish and maintain a separate, identifiable accounting of all funds provided by County pursuant to this agreement. b) County may require any Town to provide a program-specific or financial audit at any time by providing written notice to the Town. Such notice shall specify the period to be covered by the audit, the type of audit and the time for completion and submission of the audit. c) Audits provided under sections A and B of this section shall be performed by a qualified, independent accounting firm and shall be submitted to the county within six months of the close of the IGA period being audited. Any Audit shall include any response Town wishes to make concerning any audit findings. Audits shall be submitted to: Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3rd Floor Tucson AZ 85713 d) Town shall pay all costs for audit and county shall not be responsible for audit costs. Grant funds may be used to pay for audit provided the cost is allowable under the appropriate federal or state grant law and the cost is specificaliy included in the grant budget approved by the county. END OF SPECIAL AGENCY CONDITIONS Revised August 06 10 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" (if agency is non-profit organization). 13) OMB Circular A-110, A-87, and A-21. 14) Subpart K of the Community Development Block Grant Program Entitlement Regulations. 15) 570.200(J) First Amendment Church/State Principles of the Community Development Block Grant Program Entitlement Regulations. 16) 570.503(b)(6) Prohibition Against Religious Activities. 17) 570.503(b)(8) Reversion of Assets Revised August 06 11 EXHIBIT 0 Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program See attached: Resolution No. 2004-130 Resolution NO. 2004-30 IGA NO. 01-39-M-134204-0704 Revised August 06 12 .,-.~,-:..-.r-.--..- r<: "" : ,......, ,,..,. -~-----_. .._ u.'_U. -. PICKUP JI.1.fOUNT P1I.ID _ ~._. __ 0.00 RESOLUTION NO. 2004- 130 . . -RESOLUTIDN OF -THE. BOARD OFSUPERVlSORS OFPfMA.COUNTY,'ARIZoNX"AOTHOklZING-'--' EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT B~TWEEN ~IMA COUN,TY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM. ...>"~~~ WHEREAS, County and T()wn.may~oritr~ct for services and enter into' agreeme-n'ts with 'one another for joint or cooperative action pursu~nt to AR.S. 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 activiti~s as' authorized under the Housing qnd Community Development Act of 1974. and subsequent amendments; and " WHEREAS, County and Town do hereby fjnd and determirye that it is in the best interest of the residents of the unincorporated areas of the County and of the. Town of Marana that housing and community development activities be 'perfonned--jointly in accordance with the provisIons.. of this Agreement and that the U.S. Department of Housing and Urban Development (HUD) re.comm~rids th.~t expenditures of funds for' each purpose be on an Urban County basis; and . '. '.;'.~ 1- 2 U E e ~ '~ i WHEREAS, it is mutually beneficial to each of the parties hereto for the County to administer and execute the provisions of the Agreement in acc'ordance with the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law; now, therefore BE IT RESOLVED BY THE BOARQ OF -SUPERVISORS OF PIMA COUNTY, ARIZONA, as follows: . 1. The Inte,rgovernmental :Cooperative Agreement between Pima County and the Town of _ . Macanaforlb.eDpmmuo.ity._Da\letopment.8l.ock-/?.rogr-am and Horne; l.ny.estr-r-Je,Rt~.P-ar-tFler-s./:1-i.13 Program is her~by" apP(9Ved; and ( 2. The Chair of the B9ard'of Supervisors is hereby instructed and autho(ized to sign the Intl?rgovernmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED AND ADOPTED ON THIS 1st PIMA COUNTY, A Body Politic & Corp DAY OF JUNE ,2004 " 3- :2 7 4 lSl ~LM ~~~ Chair, Board.of Supervisors JUN 1 2004 APPROVED AS TO FORM: _ ~--P ddJi Deputy County Attorney .," ... ~. J;" r: ..... ATTEST: ""........- ~-~ . - ..r.. .>. " :' ..... .......~. . _;:~., -. "tot .i ..:-:, ; ".. . . ~ Clerk of the B.oar-d., .....,: "~,;.{;~~f ~::::.);;t ... J.' :." : :' (~ .:!:~~-;' ,.. ; ~ . . -~ . -. ~ f3 ~~ :3 EXHIBIT A Orig:inal 1 of 4 ./ J j .; -~ ~ C6~).J (f __._n_..u - - -- .'~j - ------ --- -- -- u___n__ - ----------. n-~~-- - ::---:-:----.- 5-C::'~-~:~,,".~,_ ....._;~:~,., .,:'__:-"_;..~:"..~~."-,:;_,~:c;_,,j~~~~~~~~_:~; ~~ - - QfJfraflCs #- . Resblution '# d00 <f - 3! . '(J? M4RtLNA }{ESOT ,UTION NO. 2D04-30' - - . ... _ .. _ .u . .. -.. . '" . - . RELA TING TO HOUSlNG; AUTIIO~G T~ TOWN OF MARANA, ARIZONA, TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA -COUNTY FOR ,~ TB,E COMMuNITY DEVELOPMENT BLOCK GRANT (CDBG) 'PROGRAM AND Ho-ME' ;- INVESTMENT PARTNERsHrP.:PROGRAM. ,..." . "..., . WHEREAS, the County and Tavm m~y contract for services and enter into agreements with one another for joint or cooperative action purSlliUlt to ~.R.S. '9 '11-951', et seq.; and . WHEREAS, it is necessary to enter into an intergavernme~taI agreement in order to meet the requirements ofllie Houi.illg lli"1.d Carrimunit-y Development Ad of 1974 and subsequent amendments;' and :.; ~ . ,,' WHEREAS, the Countj and Town desire to engage in hau?,ing and community development activities as auth~rized lIDder the Housmg and Comriillnity Development Act of 1974. .@d.subsequent amendments;'and -' , WHEREAS, tlre County and To1VD. do hereby find and determine that it is in the best interest of the residents of the unincoIparated -areas of the County and Qfthe Town. of Maran a that housing and community development activities be performed jointly in accordanc~ with the provisions of this Agreement and that the U.S. Department ofHo'tising and Urban Development (I:tuD) recommends that expenditures of funds for each pmpose be oil an Urban Copnty basis; . md' . . 1. 2 i ~ m i M e . - . . WHEREAS, it is mutually beneficiaJ ts! _ e~ch of the p_~~~ hereto for the County to a"dmJmster-'arid - exec~te.~e 'PJ~~sio~ of the int~govemmental agre:ement ill accordance vrith th~ . terms and conditioris '1ie.feinait~r provided and subject to lo.cal ordinance and State and Federal law.' . . . NOW, THEREFORE, BE IT RESOLVED BY mE MAYOR A.ND CQlJNCI;L OF THE TOWN 'OF MARANA, AS FOLLOWS:' , , 1 2 "7 4 IS} IS) 2 ;8 2 i!i SECTION;. The intergovernmental government between the To\VD. of Maran a an~Pirna ~ounty attached to' and incorporated by this'reference in this resolution as Exhibit A is hereby authorized and approved. -. . - , . ; 1. {', ..- .-. ,r""t--~-m~- .,,---'-:-.-.'~---. ~~~~~-:-~:f')~~'~-~~'~-:-~~-'" ---' .-;--~~.~-:- :;:-:- _;_="_ .--::-:"--'--:=" -:7:::::_-:_~.-:-:-7. -:-::-~:-::-:~-:: .-"":;-_.-;- -- . - .--.. -' ----"-' " h. ""'SECTION 2.-TheMayoi- ii'hereby authorIzed to executesaid Exhibit A and !he Town Clerk is hereby authorized to attest thereto for and on behalf of me Town ofMarana. SECTION 3. The Town Manager, ToVro Attomey and other Tov,.-n staff are hereby autbori..zea. to undertake all other tasks required to ca..rry out the terms, obligations, and objectives of said Ex..tlibit A. ,.". . .. . ... __ . .; '~:.'~. 7 . _: .....:... . . .-,-..'.. .:..: :''=:"':.; .~- :--:; :~~. '; .-.....-;.- .--. .~;'. "... " p_t\SSED, ~WOPTED, and iiPPROVED by the j'yfayoT and Council ofllie' To~i:1 of Marana, Ar:i.zon~ this 16th day of,March, 2004., '\ ;6-= ' . ' . . ....:':;i::c." - - ". .- . "-' ' '~'- ,", : '., ' ,.' - : ' : May.r~"~u~n, 1f," " ",;'''' ~. ATTEST: {- .1 2 tL S ~ m 2 ,. ~' FC/cds .: -' :tE 01"_:' "Il'ftl: ;: (~ '* IS! '?: ~ =t#. -9 ~ H:\Fr=k020040316\Council Mtg\PC CDBG Rcso :~q.l . U-./- -i /~'/I:.?,_ ./' 1-'7' :< 6~/', O/-/::;L/. ~~: ' ~ ~,/' ~ __ ...._._.__ "._.._ _ h_._..._._____._ .. - --.....----.-....... I\.~~;-M-'<,.."= ~I(] - ." . _. .. ,~H1:r:l,;Lfr~~.b!\11 r~d:... _."' ...__ ~. ...p..~~:,7c;:_~-c,,,:~~~~~~.0;~:;:-:O~,:c_:;_L=::.2:';;"C";,:~-~:;:;:~~:_.;~,~,';~;=L::-~~::~~.. ~;:,;~~,:;,~.,.;;3.:~;;~;":f:...7_?,~C,;'-;E:~__:c;~~II, ~%~ rte~~~?&L~~~';;5!~~C~~~~~}{-1~!~~:-~~L~-'l. . . Intergovernmental Cooperative Agreerr~littUr~;;'~ 1''':'"'''''', .'- !hl" j between r . Pima County and Town of Marana for the Communirj Development Block Grant Program and Home: ffivEstrnsnf...Partnershlp.. Pmgraffi; This Intergovernmental Cooperative Agreement made and entered 'into this ~ dayqf 2004; by anq between the County of Pima, a body po./itic an,dco,.porc:lte of the Sta~E; of Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal corPoration of the State of Arizona, located within the boun~aries. of the County of Pima, hereinafter referred to as ''T own." 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. S 11-951, et seq. - 8. 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 enga@e in heusing 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 purpo?e be on an Urban County basis. E. WHEREAS it is mutually beneficial to each of the parties hereto for County to administer and .execute 1O~J2rovisions of tf)j~L~eem~n~ find theJ[QY~lQn~.gf !l1e Agr~ementfQ(.fytanagemenJ . and Implementation of the CDBG Program and HOME Program Agreements entered into by the parties, which Agreements are hereby incorporate;d by reference' as if fuUy set forth herein, in accordance with the terms and conditions hereinafter provided and subject to-local ordinance and State and Federal law. NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereina~er set forth, do mut!Jallyagrees 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 provisions of the Housing and Community Develop"ment Act of 1 974 and subsequent amendments, the laws of the State of Arizona, 'and the teiTIls and conditions provided -herein. In this resp~ctJ the Town agrees that the County is hereby: delegated the power to plan and undertake cQmmunity.develop.msot-.p.IoJects within it;;jtJri~gigtiQn c;mg wJU tEN~_ 1 J a m 2 .r 1 2 7 d m l~ ~2 a 2 !6 I ..{,..\--_..... ..------ -(2:)---- .------:--:-:~-:;-..--::-:-'~- .. _.c --~-- .. .- . .. .. _ ...". ".,:."-. ......-__...:..... '":;."_:::"":.':._7. .:,- . . . ._, -'.___.- ~.:= '":' ::~ .?~ ::._. .:. _ n..;_._~~::-:~~..;~O"~"-.~':'~-:-:::::,=~-:-~~~; ,~: _~-. ...:::.;~:.:~~:_~~~. ~-:: ...:...~~_.: ':~::.' . . . . __ ._ . .c.... ._.. ,____,.... __. _ _ _ .... .. ._.._.K. _."......_ .. .-.._..__.. "__'_ _.__ "__ _ _.. _. _n.., . -... - . . ',' . ".. -' . .. .~.~ '.'- -- th~-'fi~~T~e~ ;;;~~;ibilitYi~;;~i~~ti ~-arlCD B-G-~ri~tHO ME' prole-a~ "Trii:~;~-rc1ance~WithtIie: ,,~~ ._~-.-; approved Community Development and Housing Consolidated Plan pursuarit to' 24 CFR Part 91. 2. It is understood and agreed that the County as the Grantee is to take the final responsibility and to assume all the obligations of applicant for assistance under the provisJons of said Housing and Community Development Act of 1974 and subsequent amendments, thet'lrs:: ye2f certifications 2S required by HUD, subject to .charge ~tn. legislation or regulations and the Consolidated Plan. . .- 3. The County and Town agree to cOQperate to undertake, or assist in ungertaking, community renewal afld lower income housing assistance activities; specificaily)irban . 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 t6 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 Oy 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 a'grees 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 particip~ting 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 respectiv~ jurisdiction with their own fun?s. The _ 1 st . day of July 2004 , shall be the ~ffective date of Agreement, which shall remain in force for three years. This Agreement covers CDSG 'and HOME"Program funding for Fegeral Fiscal years 2005, 2006, and 2007. This Agreement may be amended to extend the term of Agreement in order to complete activities funded but not completed, or to expend program income received during the three years covered by this Agreem~nt. The Town and the County recognize that the County shall be the govemmental enVty required to execute any grant agreement received pUrsuant to Consolidated Plan, clnd that the .County shall thereby become respon"sible thereunder for the proper performance of the plan and program.. l:"he Town agrees that it shall fully cooperate with the'County in all 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 t.o the Act and its regulations. . 8. All records of the County 'or Town related to this Consolidated Plan and any proj~cts .undertaken pursuant th_8reto s.hg!l lJPon rE?;:l~9n~lJle f)Qti~e! be ayailable for inspection by HUD, County, and/or Town auditors, during normal business hours. .. .--- 6. 7. 1 2 ~ ~ m ~ :1 :2 7 1.1 IS~ IS) 2 a 2 7 - - ---- '----.---- -', - r-----=------.---:-.--:-:-------:----:--:--------------- -_. _._~ -,oh '-.::...:;:~ "::- ..:-__:~-;;~ -_ -:_~~.__: 2~-:- _ ~:-'.. -:..: -~:-:-=~::-:~~--~.~.~-~~.:_~-::~~:>~=-:~=-:.:~ --=~:.~::~~~:;-:~~;-~. - .. -." - ---:- -- --.- .--. ._----,~. -._-. -. _ u ...._.. _ .. _ .u ... .__.. __ ____._. '.. . ., . - H_. . _ . _ _ 90 "Th;s Intergovern~'~~t~'iC~o-p~rat;ve_Agre'~~~~t' s'h~l[ b~'bTndlng'.upg~~the parties. herehJ,' their successors and assignees. Any assignment of Agreement shall be void without the consent of the othe'r party. ' .. -.-- .. .- - - -. . . . . 10. Pursuant to the primary objective of Title I of the Housing and Community Development ft.ct 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 . .. . .. . . d '0 ", I 1" . t r1 " .. " . -'~Pfo'v1.G~ng,Gec<:;.rJI-.nol:1~mg:'en' :~e stJ:iIeo 9 ~ rVlf]g,~: en~I[?rr.~en",_an..z".expanarng,-economlc, opportunities; principallyJor persons of Iow- anc;i moderate-income. ,. , - '" . 11. County and Town will take all required actions.,riecess<;1ryto comply with the!-)rban ,Co'L1~tys~~,rtifi~ti9n'reql1ir~d ,~YS.(3ptig~!.04(b )p'f Xitle"l pf ,th~,~tj,ou~i9go?hd. CoMrriunity . D_e"yelopmentAct (?f ,197.4,asamended,incltidin~fTitleVI,~f 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'loca/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 ~mendmemt or amendments to this Agreement shall 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 aweement 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 tb~ LLrb.an Co~oty is $ChE;qu!~d shaJ! aJ!tomatLC?!ly ten:!:linate this A9..r~~qIe!1t fC?.1lowing, t!1e 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 to subrecipients, including the requirement for a written Agreement set forth in 24 CFR 570.503., .._-"'~'"'"''''_''''''''''''''''''''''''''-'''~-~-''''''',"",.",,,,,,,,,~,,,,,,,-~,~,,,,,,,,.~,,,~,,., ' 1. ! s e ~ , ii ~~ :1. :2 '7 1.1 lSl r:~ ,') d. e 2 :E,~ ---------.- -- -.-'-- -- - ------~_. ---------.----.-----.-------------------- .._-, - .<.".'."'-~.._,. -.-,.- . - ;-."-'- -. .'-' . ...- ., .... . . . " .~ . '.- . ~.__.. .- .-- -' ... '--.-. - . . . . - . . . .. ,.. ,. . ... ..-. '-.., ..' _ . .'_.WO'.' . ._'__'_-,". __.._'_','u_.' ..-'''-._'_.. '_n.'. .... '-..................:_.___.. ._....:_. . . '. . -.. -~'-.- .... . ,'-'--'-'--~--'--'---_._._- ---._~.. .-..-------..-. ...-.-..-..-.-.,.---............ -:.,.......i~.-.......:..:..,>.".':..,...;..-.~:.::~.::....;.-:.~,~;~.,:::f.i;.;..7:.;=..~.,.~:;:-~~~'17:~,.:.~.". _.'---~.. - --=- ::--.',.-=-- .:.-_..-;:::--:..:'!.--':'.-.z;-.'i""'_- ....::-. .. _-~ .~....-~..::-.._--""......_......_-.".,-:::.:.;:;...~ ~---'""'-:--.'_--" '-":;."-- -~--- -- -- : ----. --;-'--'-1 S.-The-C6CTfifj;- as'-tne~CDBG -grantreCipiefit fOr the;Urban"'-county"has-'furI'resp-bnsibllityfor-the-h-. execution of the community development program, for follolNing its COr)s()lidatedPlan, _and' for meeting the requirements of other applicable laws (e_g., National ErivironmentalPolicy Act, Uniform ReloCation Act, Fair Housing Act, Title VI of the Civil RightsAct of 1964, Sec. 504 of f!1e Rehabili~ation Act of 1973, Sec. 1 09 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 ~"CPlT!Qlunity dey~loPrn?nt pmgraf1l' for -foiio~ving the Consolidated Pian~and fo('ens0ring . thar actions necessary for such accomplishment are taken by Town. . .. . 16. The parties acknowledge that ARS. S 38-511,fequiresthat no.tice.of 1}.IZ.S,S38,-5tlbe ._' . ihc1l.1QeQ in-~y~'iY~9nVac::t of a.political subdivisiol1;o(theState ;6(Afizooa-and thafbo.th . ,.",.,.' 0.-.....,. __., . _ .:.' ". .::~ { ._..~..", .,' ..' , .. . .. ...._ ...... -... ;:. . :"". ... . . .,.. ~ .. . --.' '," -.... '.' ....;. c.". .' ". - . .... partiesmust"complY with all applicable provisions .' of Arizona Executive Order 75-5, as amended by Executive Order 99-4 [relating to non-discrimination]. THIS SPACE INTENTIONALLY LEFT BLANK 1 I El $ e I 1 2 '7 4 lSl ~ ;t~ :B 2 Ei - . -.- . ---- .- .. .~--- T'--"-"-- - --- ...- . - - ...-.~'-- . . :. t. ~ ' -.. .. _'__n___. __. ._. ..._--.... . . .-. _'n ... I. .-. - :" ~.. - . . . .. ". . _-: .:-.'.-:.~~.--:~-:r-,:-:-: ::-.-:-: "~':'.:-:::-: -::--: :..'---~. ~. ::'-."::.- ~_;_-:. ~:. : ".-- - "-- "'-'" - - ... -.. - .-.:--'-- -."-=~'-'.-- _.. .. . - . - .-- - ----.-----.....-.....---. .'.. ....... . IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed the _ day of .2004. PIMA COUNTY BO.<\RD OF SUPERVISORS TOWN OF MARA.NA ~~i?r~ Chair, Board ofSuper:viso~sJUN I 2004 d:=/ifF- Mayor 'f:r.. . ATTEST: ~.~ ~ /:>'.~. 0~ Cle ,BQ'?lrd df Supeivlsors ATTEST: REVIEWED BY: 1 a Q @ fij 2 I Pursuant to AR.s. S11-952, the undersigned, Pima County's legal counsel has determined that the above Agreement is in proper form and is within the powers and' authority granted under the laws of the State of Arizona to Pima County. Pursuant to AR.S. S11-952, the undersigned, Town of Marana's fegaf Counsel has determined that the above agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Tqwn of Marana. r Paula Wilk Typed Name of Legal Counsel Frank J.. Cassidy Typed Name of Legal Counsel / / 1 '.::1 Jt::.. ''"'}' 1-1 ISl p! .2 t1 3 ISl , -r.?1Jh .' S'igm:ltrrre O'f Legal-C-~1Jn$er- fib-t/i .' '_:h_-:---:-::_:-:-.~._.-:""~:-:-:-__ ...___~._.__..--:---. .........i.,-:,.;:._ ..; ....~_~.._~= '~:~:.:...'~ -...~:":X~.~.i.~~~~' ,-:...; ':~ .~:':~.;'::~~~~~::i;: ;>_-:~:;:i~~.-":~.~~;~..:;:-1.=-":'::':"':""::":-==; ;~~ = ~.:.-::;:::"_:::.-.-':'=-=:.r:7_-_-::_.,__~-.:.:.::.:-:::;-:===-.:":':.:.==-:', - :.....~:i.::.:;..:~-.::: ;:~':'.~'.~'::'~~:_ .;:':"':~..:~ :~~.....: ~ ::...._:--:. '. '. . . .'. . ".. ~ ..... . _ . h. _' '._ '.' . .. . ..... .. --~-._--.'-'.' ~','" -, ,"-'. . .' . n.' __ _.. _ __ _. ._ . .. . '. . '. - -.... . " . - '.' . _____..._._.' "W' ..... ...... __,_'. _ .. .,.'... ..-.--. -.'.- .,-. " " ...... '-"-"" - . .. ... ._- . :"~ " '.. - ..-. ......... '-'-.. . . --- ..." - ...---.-.... . '.... .... .. .., n. '-..' ._'...-"~'~"- ..--' . ... . ... ' '. .- .. .-, '- . OPINION OF DEPUTY COUNTY ATTORNEY . . . . ----.. .-... ......-.-- .-.-. . -_.- - .--. ,-- .' - .-- .-- '..- -- -.-.-.--- -..--... .-,-,..... ..-... .., .. -.. .,. '. ." INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COJlJiMUN1TY D~VELOPMENT BLOCK GRANT PROGRAM AND HOME IN~E~TMENT. pARTNERSHIP PROGRAM .' ..:. .:/-/'.'{?:~;::;~':~'::".~:.~'~i;:~\>'<","" 'Tf...:~. :..':!. .... . "': .' ....":'...;.:: :-: ':: .:; ~; : . ::""'..', ~ :-"': . . . .....'. ......... J am an Attorney at Law admitted to practice in the State of Arizona and a duly appointed Deputy County-Attomey for the County of Pima. - " I 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 loeallegal requirements. I am further of the opinion that the names and provisions of the agreement are authorized under state and loeal law and that Pima County is authorized to enter into this agreement pursuant to s"ta-te"andlocanaw. - - - -.".--- ---- -" --- -. - To the best -of my knowledge, there is no pending or. threatened litigation affecting the implementation - of the Cooperation Agreement or the ab,ility of the County of Pima to be the applieant for funding as' a Urban County under Title I of the Housing and Community Development Act of 1974, as amended. . " ~ :2 I ~ ~ 1. ~ -::Po ?1J2L 8 el3l:Ity-Gel:lAty-Attemey Civil Division - :t .-) ... P,ll j!j. 19 l~] .-~ ~f,,,, a :3 " ,,," EXHIBIT E PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2006-2007 CONTRACT # TOWN OF MARANA ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, HONEA HEIGHTS NEIGHBORHOOD PARK Activity Budgeted Expenditures Cumulative Balance This Month Expenditures Available Administration $25,000.00 Housing $40,000.00 Rehabilitation Affordable $30,000.00 Housing Land ACQuisition Honea Heights $75,000.00 Neighborhood Park Total Budaet $170,000.00 Funds requested this month $ . (this line must equal the GRAND TOTAL column for "EXPENDITURES THIS MONTH") I hereby certify that to the best of my knowledge, the date reported represents actual receipts and actual expenditures which have been incurred in accordance with the agreement for management and implementation of the CDBG Program and are based on official accounting records and supporting documents which will be maintained by us for purposes of audit. REVIEWED BY PREPARED BY TITLE TITLE PHONE NUMBER DATE DATE Revised August 06 13 A - . EXHIBIT F PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2006-2007 CONTRACT # TOWN OF MARANA ADMINISTRATION, HOUSING REHABILITATION, AFFORDABLE HOUSING LAND ACQUISITION, HONEA HEIGHTS NEIGHBORHOOD PARK 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 Grant Agreement amount and submitted within 60 days of the request. Requests for budget change may not be accepted after April 15, 2007. Please include the following: Date: Name of person requesting change: Activity Budgeted Requested Balance Available Modification Administration $25,000.00 Housing $40,000.00 Rehabilitation Affordable Housing $30,000.00 Land Acquisition Honea Heights $75,000.00 NeiQhborhood Park Total Budget $170,000.00 The reason for the changes to our budget is as follows: Authorized Signature Date ~...1ail or fax to: Allen KU!'1Jin Pima County, Kino Service Center 2797 East Ajo Way, 3rd Floor Tucson,~ 85713 Fax Number: 520-243-6796 Revised August 06 14