HomeMy WebLinkAboutResolution 2013-085 IGA with pima county for the 2013-2014 CDBG program* This is a scrivener's error. This resolution was approved by council as 2013-082 and has
been changed to conform to the correct numbering sequence.
'`2013-085
MARANA RESOLUTION NO. �8�3-�82
RELATING TO COMMiJNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA
COUNTY AND THE TOWN OF MARANA FOR THE MANAGEMENT AND
IMPLEMENTATION OF THE 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
WHEREAS the Town of Marana recognizes the need to provide safe afforda.ble housing
and neighborhood infrastructure for its citizens and has applied for Community Development
Block Grant (CDBG) funding for these purposes; and
WHEREAS Pima County has been awarded funding from the U.S. Department for Hous-
ing and Urban Development under the CDBG program for the 2013-2014 federal fiscal year; and
WHEREAS the Town of Marana has been selected as a sub-grantee through Pima Coun-
ty's proposal process; and
WHEREAS the parties may contract for services and enter into agreements with one another
for joint or cooperative action pursuant to A.RS. § 11-952, et seq.; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of
its citizens to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION l. The intergovernmental agreement between the Town of Marana and Pima
County attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap-
proved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town
of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the intergovemmental agreement.
*2013-085
Mazana Resolution 2013�- ' - 1 -
PASSED AND ADOPTED BY TF� MAYOR AND COUNCIL OF THE TQWN OF
MARANA, ARIZONA, this 3`a day of September, 2013.
Mayor Ed on a
ATTEST:
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*
2013-085
Marans Resolution 2013�88�.' - 2 -
MARANA RESOLUTION NO. 2013-082
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA
COUNTY AND THE TOWN OF MARANA FOR THE MANAGEMENT AND
IMPLEMENTATION OF THE 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
WHEREAS the Town of Marana recognizes the need to provide safe affordable housing
and neighborhood infrastructure for its citizens and has applied for Community Development
Block Grant (CDBG) funding for these purposes; and
WHEREAS Pima County has been awarded funding from the U.S. Department for Hous-
ing and Urban Development under the CDBG program for the 2013-2014 federal fiscal year; and
WHEREAS the Town of Marana has been selected as a sub-grantee through Pima Coun-
ty's proposal process; and
WHEREAS the parties may contract for services and enter into agreements with one another
for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of
its citizens to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The intergovernmental agreement between the Town of Marana and Pima
County attached to and incorporated by this reference in this resolution as Ea�hibit A is hereby ap-
proved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town
of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the intergovernmental agreement.
Marana Resolution 2013-082 - 1 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3`a day of September, 2013.
Mayor Ed on a
ATTEST:
' � � <<. . ��
�, : �i �.. _ .
� - :. • �
�
Marana Resolution 2013-082 - 2 -
APPROVED AS TO FORM:
EXHIBIT A
INTERGOVERNMEPITAL AGREEMENT
between
Pima County and Town of Marana
for
Management and tmpiementation af the Community Development Block Grant Program
THIS lntergovernmenfal Rgreement (tGA) is entered into by and between Pima County, a body pofific and corporate of the State of
Arizona (" COUNTY") and Town of Marana, a municipality of the State of Arizona {"TOWN").
RECITALS
A. COUNTY and 70WN may contract for senrices and enter into agreements with one another forjoint or cooperative action pursuanf to
A.R.S. § 11-951, etseq.
B. TOWN is authorized by A.R.S. §9-500.11 to expend pubiic monies for and in connection wifh economic development acfivities.
C. COUNTY is authonzed by A.R.S. §§ 11-254.Q4, 11-251 (5} and 'l1-259 (17) to spend public monies to improve and enhance the
economic welfare and health of the inhabitants of the COUNTY.
D. COUNTY and TOWN are authorized by A.R.S. § 36-14d3 to exercise certain powers relating to housing projects.
E. COUNTY applied for and received Community �evetopment Btock Granf {"CDBG") funds in the amount o# $2,516,935.00 from the U.S.
Department of Housing and Urban Deveiopment ("NUD") under Tit(e I of the Housing and Community Development Act of 1974, as
amended (Public Law 93-383).
F. Under solicitation number CDNG12-31-12-CDBG-ESG COUNTY sought praposals from locaf agencies for Federa! Fiscai Year2p13-
2014 for programs that would qualify for CDBG funds.
G. TOWN submitted a response to this COUNTY solicitation.
N. COUN'!Y has determined the services proposed in the Town's response to the solicitation are eligible activities under CDBG and thaf
TOWN is quali6ed to provide the services.
I. TOWN'S program was determined to be in the best in#erests of the residenfs of Pima County.
J. The2013-2014 Annua( Action Plan COUNTY submitted to NUD to obtain CDBG funds, included TOWMS proposal.
K. COUNTY finds that it is appropriate to provide CDBG funds for TOWN'S program.
NOW THEREFORE, COUN'fY and TOWN, pursuanf to the above, and in consideration af the matters and things hsreinafter 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 to TOWN forthe specific
activities described in the Project Summary attached as Exhibit A.
2. Scope. In consideration for the CDBG funds received, TOWN shalL•
A. Perform in accordance with the Project Summary Exhibit A. The work under this must be performed to the satisfactian of the
COUNTY.
B. Gamply with the Special Agency Conditions set forth in Exhibit B.
C. Use CDBG funds in accordance with terms of:
1. The 2013-2014 Annual Action P(an ("Plan"} submitted by COUNTY to HUD for CDBG funding;
2. The Certifications tF�at were submifted concurrently with the Plan; and,
3. The Intergovernmental Cooperafive Agreemenf beiween Pima County and Town of Marana for the Gommunity Development
Block Grant Program and Home Investment Partnership Program contained in Exhibit D and fully incorparated herein.
D. Undertake the same obligations to COUNTY, as COUNTY does to HUD pursuant to said Plan and assurances. TOWN will hold
COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any failure an the part of TOWN
to fulfill any obligations to HUD.
E. Certify that the projects under this iGA meets one af the CDBG Program's National Objectives defined in 24 C.F.R. 570.208.
TOWN certifes that the activifies carried out pursuant to this IGA will meet and benefit iow- and moderate-income persans.
�;�r,:�:�cl 2-1-13 ;,
EXHIBIT A : � Be � 1
F. Provide quarterly and annua! program reports on COUNTY'S web based reporting system at
http:!/www.pima.gov/CED/Datalforms html. Reports provided in any other form shati be accepfed oniy after a written approval
is provided by the Community Developmenf and Neighborhood Conservation director or authorized representative. Reports
shaA be submitted as foliows:
1. Quarterly reporFs shaA be submitted no later than the following dates for the preceding quarter:
a. January 31
b.. Apri130
c. July 31
d. October 31
2. The quarterly reports shall include:
a. Demographic information inciuding client's address; incame level; famify size; race; whether the family is female-headed
househoid; services provided; and, whether anyone in the family is elderly or handicapped; and
b. A narrative of the program's accomplishmenfs; probiems or concerns impacfing the achievement of the program's goals
and objectives during the past quarter; and, an output and outcome report. The output repart shalf include affordable
housing, housing rehabilitafion and public facilities improvements. The autcome reporf shall include improved affordabfe
housing services; improved housing condifions related to repairs, modifications, ar weatherization fo increase safety,
suifabifity, or livabiiity of the housing units, and increased access to a public facility due to ifs expansion or creation of new
senrices.
3. The annuaf report shall include a community impact narrative, demographic infom�ation and a financial report. TOWN shall
submit the annual report no fater than January 31 St , 2014.
G. Warrant campliance with the TOWN'S Gertification confained in Exhibit C and the Intergovernmental Cooperative Agreement
between Pima County and Town of Marana for the Community Development Block Grant Program and NOME lnvestment
Partnership Program contained in Exhibit 0.
H. Employ suitable trained and skilfed personnet to perForm all services under this IGA.
Be the iegal 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 specifred in this IGA, COUNTY agrees to reimburse
TOWN in an amount not to exceed $&5,5QO.OQ.
A. Budget:
Administration
$15,000.00
Emergency Home Repair $25,000.00
Colonia-Neighborhood Cleanup Program Coordinator$40,000.00
Owner-Occupied Housing Rehabilitation $35,500.00
B. The tota! amount of this IGA is 85 500.00.
C. Payments:
1. Payments wil! not exceed the amount allacated for this project by HUD under the Community Development Bfock Grant
Pragram administered by COUNTY. The foUowing conditions shall appfy:
a. Alf of TOWN'S drawdowns for the payment of eligible expenses shall be made against the line item budget specified
Paragraph A above. Expenses for general adminisfration shafl also be paid against the line item budgef specified
Paragraph A above.
b. Request forreimbursement shall include all claims and invaices of every kind and nature against COUNTY, arising under
this IGA or any provision thereof.
c. TOWN shalt submit monfhly requests for reimbursement no more than 30 calendar days following the end of each month
except requests #or payment for expenses occurring in May must be submitted by June 15; and expenses occurring in June
must be submitted prior to July 7.
d. AIi requests for payments shall be on the form set forth in Exhibit E. Each monthly request for payment shal! include:
i. A monthly payroll journal that documents TOWN'S expenses for salaries and benefits associated with this iGA and
distinguish different funding sources.
Revisecl �i-1-13 Page � 2
ii. Copies of all receipts and checks (front and back) and generai ledger to suppart all purchased goods or services.
2 TOWN shall aiso submit time sheets for personnel associated with this IGA to COUNTY on a quarterly basis. The time
sheets shouid show the days and hours worked for aE! programs and shouid be signed by the employee and fheir
supervisor. GOUNTY shall determine and notify TOWN when to submit the quarte�iy time sheets.
D All requests to modify the current fiscai year budget line item amounts shatl be on the form set forth in Exhibit F. TOWN must 4imit
requested modificatian of line items to 10°!0 of the totaf IGA amount. Any requests to modify the current fiscal year budget line item
amounts must be submitted to GOUN7Y and must:
1. Include invoices for the requested change;
2. Be for expenditures made within 30 days of the date of the request; and
3. Be submifted on or before July 7.
E. If TOWN requests payment for invoiced bills, rather than a reimbursement, TOWN must submit evidence that the invoiced bil( was
paid by TOWN within (30} thirty calendar days. Future payments to TOWN may be withheld untit this evidence of payment is
received and approved by COUNTY.
F. Payment by COUNTY will generally occur thirty (30} days from the date the submission is received by Pima Counfy Finance
Department. TOWN should budget their cash needs accordingly.
G. TOWN may not be entifled to, and may forfeit, paqment of expenses not submitted to COUNTY as foltows:
1. More than (60} days after the end of the month in which expenses were incurred in the months of October through March;
2. After June 15 for expenses incurred in Apri! and May;
3. No later than July 6 far expenses incurced in June to meet COUNTY'S fiscat year-end requirements;
4. More than sixty (60) days for expenses incurred in July through November; and
5. After January 31, 2014 for expenses incurred in December.
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. tf payment received exceeds actual costs COUNTY shall, at its sole
discrefion, determine whether it wiil require TOWN ta
'E . Refu�d to COUNTY the excess amount received. TQWN shall refund the excess amounf received to COUNTY within thirty (30}
days of receipt of the request from COUNTY; or,
2. Pravide, for no additional reimbursement, additional units of IGA services during the foliowing !GA term, if any. Such additional
units of service must be provided in a number equa! to the excess amount received by TOWN divided by the unif fee in effect at
the time the excess funds were provided fo TOWN.
L To the extent permitted by HUD regulations, 7QWN may be paid for planning and administration activities occurring after
Juty 1, 2013. Af! planning and administration cos�.s not used by the end of tt�e next fisca! year, June 30, 2014, shall be
forfeited.
J. Far the period or record retention required under Section 20 COUNiY reserves the right to questian any payment made under this
Section and to require reimbursements therefore by setoff or otherwise for payments defermined ta be improper or contrary to the
IGA or law.
4. Term.
This IGA shall be effective on October 1, 2013 and shall terminate on December 31. 2094 unless sooner terminated or further extended
pursuant to the provisions of this IGA. This IGA upon mufual 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 shal! comply with the modifications provisions contained in
Exhibit B.
5. Termination of IGA for Qefault.
A. Upon a failure by TOWN to cure a default under this IGA wifhin 10 days of receipt of notice from COUNTY of the defauft,
COUNTY may, in its sole discretion, terminate this 1GA for default by written notice to TOWN. in this event, COUNTY may take
aver the work and complete it by contract or othervvise. In such event, TOWN shall be liable for any damage to the C(3UNTY
resulting from TOWN'S default, including any increased costs incurred by COUNTY in completing the work.
B. The occurrence of any of the #ollowing, without timitation to the named events, shatl consfitute an event of default:
1. Abandonment of or failure by TQWN to observe, perform or camply with any material term, covenant, agreement
�:- vis�c� �3-1- i 3 �age � 3
ar condition of this IGA, or to prosecute the work or any separable part thereaf with the diligence that wil! insure completion
within the time specified in this contract, inciuding any extension, or a failure to comp(ete the work (or the separable part of
the work) within the specifred time;
2. Persistent or repeated refusai or failure to suppty adequate staff, resources or direction to perfarm the work on
schedule or at an acceptable levei o# quality;
3. Refusai or failure fo remedy defective or deficient work w'sthin a reasanabie time;
4. Loss of professional regisfration ar business or other required license or authority, or any curtailment or cessation for
any reason of business or business operations that would substantia[ly impair or preclude TOWN'S performance of
this tGA;
5. Disregard of faws, ordinances, or the insfrucfions of COi1NTY or its representatives, or any otherwise substantial
violation of any provision of the contract;
6. Performance of work hereunder by personnel that are not qualified or permitted under state law or local law to
perform such services;
7. Commission of any act of fraud, misrepresentation, wiAfu! misconduct, or intentional breach of any provision of this IGA;
or
8. If a voluntary or involuntary action for bankruptcy is commenced with respect to TOWtV, or TOWN becomes insolvent,
makes a general assignment for the benefit of creditors, or has a receiver or fiquidator appointed in respect af its assets.
C. !n the event of a termination for default:
1. AH finished and unfinished drawings, specifications, documents, dafa, studies, surveys, drawings, photographs, reports
and other information in whatever form, including electronic, acquired or prepared by TOWN for this project shall becorne
COUNTY'S property and shall be delivered to COUNTY not later than five (5) business days after the efFective date of the
termination;
2. COUNTY may withhold payments to TOWN arising under this or any other IGA for the purpose of set-off until such time as
the exact amount of damage due GOUN7Y from TOWN is determined; and
3. Subject to the immediately preceding subparagraph (2}, COUNTY'S iiability to TOWN sha(I not exceed the IGA value of
work satisfacforily performed prior to the date of termination for which payment has not been previousty made.
D. The 1GA will not be terminated for defaulE nor the TOWN charged with damages under this Articie, if:
1. Excepting item (8) in paragraph B above, the event of defauft or delay in completing the work arises from unforeseeable
causes beyond the control and wifhout the fault or negligence of TOWN. Examples of such causes inciude: Acts of God or
of the public enemy; Acts of the COUN'fY in either its sovereign or contractual capacity; Aefs of another Contractor in the
performance of a contract wifh the COUNTY; Fires; Floods; Epidemics; Quarantine resfrictions; "Strikes; Freight
embargoes; Unusuatly severe weather; or Delays of subcantractors at any tier arising frorrt unforeseeable causes beyond
the control and without the fault or negligence of both TOWN and the subcontractor(s); and
2. The TWON, writhin seven (7) days €rom the beginning of any event of defauit or delay (unless extended by GOUNTI�,
notifies the COUNTY in writing of the cause(s} therefor. In this circumstance, the COUN7Y sha[I ascertain the
facts and the extent of the resutting delay. !f, in the �easonable judgment of COUNIY, the findings warranf such
action, the time for camp{eting the work may be extended.
E. For the purposes of paragraph A above, "receipt of notice" shall include receipt by hand by TOWN'S praject manager, by
facsimile transmissian with notice of receipt, or under the Notices ctause of fhis IGA.
F. If, after termination of the IGA for default, it is determined that the TWON was not in default, or that the delay was excusable,
the rights and obligations of the parties wil( be fhe same as if the termination had been issued for the convenience of the
COU NTY.
G. The rights and remedies of COUNIY in this Article are cumutative and in addition to any other rights and remedies provided by
law or under this IGA. �
6. Termination for Convenience.
A. COUNTY reserves the right to terminate this 1GA at any time and without cause by serving upon TOWN 30 days advance
written notice of such intent to terminate. !n the event af such termination, the COUNTY'S anly obligation to TOWN shall be
payment for services rendered prior to the date of termination.
B. Notwithstanding Paragraph A above, if any state or federaf grant monies used to pay for performance under this IGA are either
reduced or withdrawn, COUNTY shail have the right to either reduce the services to be provided and the total dollar amount payable
�=:evised 8-1-i3 Page i 4
under this IGA or terminate the IGA. To the extent possible, COUNTY wiil endeavor to provide fifteen (15) days written notice of
such reduction or tem2ination. tn the event of a reduction in the amount payable, COUNTY shail not be tiabie to TOWN for more
than the reduced amount. in the event of a termination under this paragraph, COUNTY'S oniy obiigation to TOWN shall be payment
for senrices rendered prior to the date of termination to the extent that grant funds are availabie.
C. Notwithstanding any other pravision in this IGA, this IGA may be terminated if for any reason, there are nat sufficient appropriated
and available monies for the purpose of maintaining Ct}UNTY or ofher public entity obligations under this lGA. in the event of such
termination, COUNTY shaU have no further obligation to TOWN, other than to pay for services rendered prior to termination.
7. Dispasal of Property.
Upon the termination of this IGA, all property invoived shal( revert back to the owner. Termination shafl not relieve any party from
iiabilities or costs already incurred under this IGA, nor affect any ownership of property pursuant ta IGA.
8. Indemnification.
Each party (as lndemnitor) agrees to indemnify, defend and hoid harmiess the ofher party (as tndemnitee) from and against any and afl
ctaims, losses, liabiiity, 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 ather fault of the Indemnitor,
its officers, agents, emp{ayees, or volunteers.
9. Compiiance with Laws.
The parties shalf comply with al! federaE, stafe, and lacal laws, rufes, regu(ations, 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 af the parties, the performance of this
IGA, and any disputes hereunder. Any action relating to fhis IGA shall be brought in an Arizona court in Pima County.
10. Non-Discrimination.
TOWN agrees to compty wifh a!I provisions and requirements of Arizona Executive Order 2009-09 inctudinp flow down of all
pra�isions and requirements to anv subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and
amends Executive Order 75-5 and may be viewed and downloaded at the Governor of the State of Arizana's website:
http://www.azqovernor.qov/dms/upload/EO 2009 09.pdf
These documents are hereby incorporated into this contract as if set forth in fult herein. During the performance of this contract,
TOWN shall not discriminate against any employee, client or any other individual in any way because of that person's age,
race, creed, color, religion, sex, disability or national origin.
11. ADA
A. OWN shall comply with al€ applicable provisions of the American with Disabilities Act (Public Law 101-336, 42 U.S.C.12101-12213)
and all applicable federai regulations under the Act, including 28 CFR Parts 36 and 36.
B. If TOWN is carrying out a govemment program or service on behalf of GOUNTY, then TOWP1 shaEt maintain accessibility to the
program to the same extenf and degree that woufd be required.of COUNTY under 28 CFR Sections 35.130, 35.133, 35.949 through
35.151, 35.160, 35.161, and 35.163. Failure to do so could resutt in the termination of this IGA.
12. Severability.
If any provision of this lGA, or any application thersof to the parties or any person or circumstances, is held invalid, such invalidity shall not
affect ather provisions or appfications of this IGA which can be given effect, without the invalid provision or application and to this end the
provisions of this IGA are declared to be severable.
13. Conflict of Interest.
This IGA is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent pravisions ofwhich are incorporated herein
by reference.
'f4. Non-Appropriation.
Notwithstanding any ather provision in fhis IGA, this IGA may be terminated if for any reason, there are nof suf#icient appropriated and
available monies for the purpose of maintaining this IGA. In #he event of such cancellation, COUNTY shalf have no further obligatian to
TOWN, other than far payment of services rendered prior to canceilation.
f'.eviseci 8-1- i 3 Fage � 5
15. Legal Authority.
Neither party warrants to the other its legai authorify to enter into this IGA. if a court, at the request of a third person, shouid dectare that
either parFy (acks authority to enter into this IGA, or any pa�t of it, then the IGA, or parts of it affected by such order, shaif null and void, and no
recovery may be had by eifher party against the other for lack of performance or othervvise.
16. Worker's Compensatian.
Each party shail comply with the notice of A.R.S. § 23-1022{E}. For purposes of A.R.S. § 23-1022, each party shall be considered the
primary empioyer of aif personnei currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said
party shali have fhe sole responsibitity for the payment of Worker's Compensation benefits or other fringe benefits af said employees.
17. No Joint Venture.
It is not intended by this fGA to, and nothing contained in this iGA shal! be construed to, create any partnership, jaint venture or empioyment
relationship between the parties or create any employer-employee relationship between COUNTY and any TOWN employees, or between
TOWN and any COUNTY employees. fVei#her party shall be liable for any debts, accounts, obligations or o#her liabilities whatsoever of the
other, including (without limitafion} the other party's obtigation to withhold Sociat Security and income taxes far ifself or any of its employees.
98. No Third Party Beneficiaries.
Nothing in the provisions of this !GA is intended to create duties or obligations to or rights in fhird parties nof parties fo this IGA or effect the
legal liability of either party to the IGA by imposing any standard of care dif€erent from the standard of care imposed by law.
19. Notice.
Any notice required or permitted to be given under this IGA shail be in writing and shall be served by delivery or by certified mail upon the
other party as follows:
COUNTY:
Margaret Kish, Director
Pima County Community Development and
Neighborhood CanseroationDepartment
2797 East Ajo Way, 3` Floor
Tucson, AZ. 85713
TOWN OF MARANA:
Ed Honea, Town Mayor �
Town of Marana
11555 West Civic Center Drive
Marana, AZ 85653
20. Record Retention.
A. TOWN shal! keep and maintain atl records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the
activities to be funded under this dGA, which shafl be open at aN reasonable times for inspecfion and audit by duly authorized
representative of GOUNTY. Such records shall include, but are not limited to:
1. Records providing a full description of each activity taken;
2. Records demonstrating that each activity undertaken meets one of#he National Objectives of the CDBG program;
3. Records required #o determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of rea! property acquired or improved with
CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity companents 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. F2ecords of disbursements made for complsted and approved work;
10. Financial recards 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 alf financial records, supporting documents, stafisfical records, and aN other records relating to this IGA for a
period of four (4) years from the start of the retention period ar until any refated-pending proceeding or litigation has been closed,
whichever date is later. The retention period starts from the date of submission of COUNTY'S annual performance and evaluation
report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than fram the date of
submission of the final expenditure report for the award. TOWN must comply with Section 570.506 "Records to be Mainfained" ofthe
Community Development Block Grant Program — Entitiement Grant Regulations.
._� . .:: 8-'-13 Paoe � 6
21. Public Information
A. Pursuant fo A.R.S. § 39-121 et seq., and A.R.S. § 34-603(G) in the case of construction or Architecfurai and Engineering
services procured under A.R.S. Title 34, Ghapter 6, alt information submitted in response to this solicitation, including, but not
limited to, pricing, product specifications, work plans, and any supporting data becomes pubEic information and upon request,
subject to release and/or review by the genera( public including competitors.
B. Any records submitted in response to this solicitation that respondent betieves constitute proprietary, trade secret or otherwise
eonfidential informafion must be appropriately and prominently marked as CONFIDENT(AL by respandent prior fo the clase of
the solicitation.
C. Notwithstanding the above provisions, in the even# records marked CONFIDENTIAL are requested for pubtic re(ease
pursuant to A.R.S. § 39-121 et seq., COUNTY shatl release records marked CONFIDENTIAL ten (10) business days after the
date of notice to the respondenf of the request for release, unless respondent has, within the ten day period, secured a
protective order, injunctive relief or other appropriate order from a caurF of competent jurisdiction, enjoining the release of fhe
records. For the purposes of this paragraph, fhe day of the request for release shalt not be counted in the time calcuEation.
Respondent shall be notified of any request for such release on the same day af the requesf for pubtic release or as soon
thereafter as practicable.
D. COUNTY shall not, under any circumstances, be responsible for securing a protective order or other relief enjoining
the release of records marked CONFIDENTfAL, nar shall COUNTY be in any way financially responsible far any casts
associated with securing such an order.
22. E�IGIB{UTY FOR PUBLIC BENEFfTS.
TOWN shal( comply with applicable provisions of A.R.S. §§1-501- AND 1-502 regarding public benefits, which are hereby inco[porated
as provisions of this IGA to the extent such provisions, are applicable.
23. TRANSACTlON PRIVILEGE TAX.
TOWN agrees that any transaction privilege and use taxes tevied by the T�WN on the Project shall be contribufed to the Project as a
portion of TOWN'S share af the costs of the Project. TOWN shatl provide an accounting to COUNTY of the totel amouttt of transaction
privilege and use taxes collected by the TOWN for fhe Project and pay the total amount of such taxes to the CC)UN'iY in accordance
with this IGA.
REMAINDER O�' PAGE INTEI�TIONALLY LEFT BLANK
j:E':'IS�:C �- �-�� i�2�° � 7
z2, �t�tire Ac�r�eerner��.
This dc�curr�nt c�rtsfit�€t�s f��i�: e�stire tGA b�tweert #he p�rties p��tair�inc� i� ttte subj�c# matt�r h�c�, �d atl �itr►` �r �r�tern�sora�eous
�gr�erner�ts �nd �ander���rtdl�tc�s, pr�i c�r wri#ten, are h�r�by sup�rsed� an,d' �erged" �erein. This lGf� sYt�iS nat b� �nodi�ied, �rnended;
aS��r��i c�r ��ct��#ec! �xcept t�rresu�h a wri#tsn am�r�drri�rtf �igraed b� �� p�rtie� and re�ord�d v�rith th� ��rtta �o�t� ��c�rd�r.:
In t+llit�ress t�rerer��, +CQUNT�'` h�s �aus�t� this Inf���iv�rrrmental Agreert�ertt ta be sxeeutc�d by thre Cfr�i�mal� e+f i#s �3s�at�d c�f �up�rvisc�r�
�apssr� r+�sc�l�a#i�rt crf the B�s�rd: �nd attasted tu by th� �i��s c�f tt�e Scr�s`d, ��d TQWF�I has �aus�d fhis ln��gc�vemrnen�l Jtgr$�:m�n� ta be
ex�uted t� fhe May�r c��c�r� �eso��fion of fhe 141xy�r �c� �t�unal ar�d �#�est�d fc� lay:
�w
��irrnan, B�a�d c�f �up�rviaors
C3at�;
ATC��T
C�� ��'�� Boarcl
C��te:
TC�i�U�t t,�� ��AI�i�E=
M�y�+r _ _ ,
G��#e:
AT��T
T+��ra Cl�ric _
I��#�: _
APPFtE7�#�L? C� �C}I�`f�Nl'
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.e'_'���°,�a+E��.�w.^ �. I^"`�.�...- �..�..�
{il'I��C11�CIi� }�#3Y �Ci't�'.}l� �C1C�` ��1�}'E��t`�iC�C?�� �+(3�SGiVr'��YC1C1 �E�
T� foteg�`rng le�t�r�s�irerrtrner�tat A�r�'t��i� f��eerti, F'�rr�a Gv�r�f�+ at�d Tt?WN �f Marana has be�r� ��vir��ct pu�`��r�i t€� A.R.�. �'! 1-
��� b� t�� u�de�i�'s�d, �n+hc� h��� rfe�r�in�� �t��t �t i� Kn prvp�� f��r�t �r�d is witttir� t�e p�w�r� ar�cf a�t#�c�ri#y granted umler th� (�u� €af
t�r� �t�#� �f A�izrarka #� th� �►ar�'r�s tc� th� Er►t���uernm�ntal Agr��t►er�t represenfec3 `b}+ ##�e urrdersigr�er�=
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EXHtBIT A
PROJECT'S SUMMARY
See attached for each project:
Administration
Emergency Horrre Repair
Colonia-Neighborhood Cleanup Program
Owner-Occupied Housing Rehabilitafion
Re: �-1-^3 Page ( 9
F�rc��eet (�4} 1 C�Mf?
t;ranf�r� Narrs,�• I�T'M1l �"t"3(INTY
�rc�ject ���� � �PMP
Project {3�} � �f�MP
t;ranr�+� F��mr.�• �7TN!!! C`Cftli�7Y
Prc�jeCt (3?� 2 CP�+1F�
F�rvject ���} 1 ��l�P
�
.l "'` ►>!i^ , u i � ►
�rc�,�ec� {36}' 2.. �P�If�
Gr�nt�� (��me: �IN[J� C�L1�11'�`Y
�t'k�je� �4�) � �F'M�'
EXNIBIT B
SPECIAL AGENCY CONDITIONS
A. Modification
Modifications may be made to fhis IGA in accordance with the fo{lowing provisions:
2) All modifications shall be in writing and shail conform to applicable law, Federal and State regulations and Gounty poEicies
and directives. Approval of modifications is at the sole discretion of County.
3) Major modifications shail be by written amendment signed by both parties. Major mod�cations include any which do the
following:
a) Change the purpose of the fGA;
b) Increase or decrease the compensation provided for in the IGA;
c) Change the term af the IGA;
d) Change the scope or assurances of the IGA;
e) Change any section o# the IGA other than the Scope of Work or budget;
f} Any change that is not a minor modification as described below.
4) Minor modifications may be made by written memorandum appraved and signed by the Director of the Pima County
Community Development and IVeighborhaod Conservation Department or aufhorized representative to be efFective. Minor
modifications are changes in the Scope of WoMc or budget that do not change the purpose or total compensation of this
(GA and do not in any way increase the direct or indirect liabilify of COUNTY under this IGA.
B. Procurement of Goads 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 COUN'iY.
TOWN shall comply with OMB Circufar No. A-922, -"Cost Principals for Non-Profit Organizations" (i#Town is a nan-profit corporation}, OMB
Circu[ar No. A-110 and 24 CFR Part &i, "Uniform Administrative Requirements for Gran#s and Agreements wifh Institut+ons of Higher
Educations, Hospitals, and other Non-Profit Organizations.
C. Manitoring and Eva{uation:
1) COUNTY shall manitor all activities and information sources in the management, fiscal, and service systems of TOWN
and any subcontracted parfies, relafing to perfarmance of duties and abligations under this IGA, to assure that TOWN is
maintaining adequate and acceptable progress and systerrcs, and to ensure that the funds provided to T�WN by COUNTY
are being used effectively and efficiently to accomplish the purposes for which funds were made available.
2) TOWN shatl provide payrofl information consisting of source documentation thaf can include employment letters,
autharizations for rates of pay, benefits, and empioyee withholding, minutes from Board of �irectors' meetings whera salary
schedules and benefit packages are established, copies of written policies, W-4 forms in conjunction with time and
attendance records. If an errsployee works sotey on the CDBG funded services a sta#ement to that effect should be signed
by the applicable employee and supervisor. Such statement shauld be certifsed semi-annually. If an employee's time is
split between CDBG and another funding source, TOWN must have time distribution records supporting the allocafion of
charges among the saurces.
3) COUNTY in cooperation with TQWN shall evaluate products, services, and performance under the terms of this EGA.
Substandard perFormance as determined by C�UNTY will constitufe noncompliance with this tGA. I#action to correct such
substandard performance is not taken by TOWN within a reasonable period of time after being nofified by COUNTY,
contract suspension or termination procedures wilf be initiated.
4). TOWN shatt assist Caunty in praviding to the U.S. Department af Housing and Urban Qevelopment reports and other
communications relafing to the performance and impact of the projects, as described in the Projects Summary Appendix A.
D. Client Fees and Program income:
1) Any program income generated and received by TOWN as a result of IGA services shall be kept by TOWN, used for the
purpose of this IGA, and reported ta Caunty.
2} TOWN shall compfywith Section 570.504 "P�ogram Income°, and Section 570.543 "Agreementswith Subrecipients° ofthe
Gommunity Deve{opment Block Grant Program Entitlement Grant Regulations.
Re��is�d 3-1-i3 Page ( 10
E. Identification of Funding and Copyrights:
1) Ali advertisements, rea! property, publications, printed and other materials which are produced byTOWN and referto services
funded under this 1GA shall clearly attribute "PIMA COUNTY" and the Community Deve(opment Btock Grant Program in the
foltowing suggested farmat:
Fundeci by: Pima County
and the
Community Development Blodc Grant Program
2) Reference to Pima Counry shall be displayed at least as prominently as other credited funding sources.
3} TOWN shalf not copyright any materials or products developed through IGA services orlGA expenditures writhout priorwritten
approva# by COUNTY. Upon approval, the federal govemment and Pima County shall have a non-exclusive and irrevocabte
license to reproduce, publish or otherwise use or authorize the use of any copyrighted material.
F. Nepotism
1} Agency shall not employ relatives in positions where one is in supervisory chain af the other, nor where one is in daily
working contact with the other.
a) "Reiative" means the spouse, chitd, child's child, parent, grandparent, brother or sister of whote or half blood
or child of a spouse.
b) County may grant temporary waiver of this policy where relative emplayment situation already axists af the
time of execution of this IGA.
G. Audit Requirements:
1} TOWN shalk
a} Establish and maintain a separate and identiftable account of a(t funds provided by Caunty pursuant to this
IGA.
b) Provide financial statement audits as required by law.
c) Upon written nofice frorn County provide a program-specific audit. Such notice from County will specify the
periad to be covered by the audit and the deadline for comp{etion and submission of the audit.
d) Assure that any audit conducted pursuant to this IGA is performed by an independent certified pubfic
accountant and submitted to Gounty within six (6) months of completion of TOWN'S fiscal year, uniess a
different time is specified by County. The audit submitted must incfude TOWN tesponses, if any, concerning
any audit findings.
e) Pay ali costs for any audit required or requested pursuant to this Article, unfess the cosf wras speciftcally
included in TOWN'S budget approved by County and the cost is an allowable charge for payment under
appticabte law or regulation.
fl Timeiy submit the required or requested audit(s) ta:
John Matheny
Community Deve3opment and Neighborhood Conservation Dept.
2797 Easf Ajo Way, 3`� Floor
Tucson, AZ 85713
2) If TOWN is a"nonprofit corporation" that meets the definition of "corporation" in A.R.S. §'t0-3140, TOWN shall compty
with the appiicable audit requirements set forth in A.R.S. § 11-624.
3) TOWN is receiving federal funds under this IGA, and TOWN is a state or Eocat government or non-profrt organiza6on,
TOWN shail provide an annual audit which complies with the requirements of the mosf recent version of OMB Circular
A-133, °Audits of State and Local Governments and Nan-Profit Organizations."
!='C-'t'I�ECi $-�.. i � {�8C° � 'f �
EXHBIT C
TOWMS CEitTIFICATION
TOWN hereby certifies it will comply with:
4) HUD Community Development Block Grant Regulafions at 24 CFR Part 570.
2) Title t of the Nousing and Communiry Development Act of 1974.
3) 24 CF! Part 85, "Uniform Administrative Requiremenfs for Grants and Cooperative Agreements to State and Local Govemments" (if
Agency is local gavemment).
4) Titie VI of the Civil Rights Act of 1964.
5) Section 109 of the Housing and Communify Development Acf of 1974.
6) Executive Order 11246 - Equal Empioyment Opportunity.
7) Sectian 3 of the Housing and Urban Devefopment Act of 1968.
8) Flood Disaster Protection Act of 1973.
9) Nafional Envirqnment Policy Act of 1969.
Section 106 of the National Historic Preservation Act of 1966, Executive Order 11593.
10)
11)
4 2)
13)
'i 4}
1�
16)
1�
18)
Federa( �abor Standards Provisions.
OMB Circular A-133, "Audits of States and Local Govemments and Non-Profit Organizafions".
OMB Circutar. A-122, "Cosf Principals for Non-Profit Organizations" (if agency is non-proflt organization}.
OMB C'srcular A-910and A-87.
A-21, "Cost Principalsfor Educafiional (nstitutions".
Subpart K of the Community Qevelopment Block Grant Program Entitlemenf Regulations.
570200(J) First Amendment Churoh/State Principles of the Community Devetopmerrt Block Grant Program Entiflement Regulations.
570.503(b)(6) Prohibition Against Religious Activities.
570.5Q3(b)(8) Reversion of Assets
f;�vis�d 8-'1-��3 Page � 12
EXNIBIT D
intergovernmentai Cooperative Agreement
between
Pima County and Town of Marana
for the
Community Development Biock Grant Program
and
Home Investment Partnership Program
See attached:
Resolution No. 2010-140
Resolution No. 2010-54
IGA No. 01-70-M-143070-0710
i=;cv�sed 3-1-13 i � 13
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RESOLUTION NtJ. 2010 — 140
RESOLUTION QF THE BOARD OF SUPERVISORS C)F PINlA COUNTY, ARIZONA AtJTHORIZIErIG
EXECUTION OF RN iNTERG�VERNMENTAL. Ct7QPERATlVE AGREENfENT BE'TINEEN PIMA
C�UNTY AND THE TOWN OF MARANA FC1ft THE COMMUiViTY DEVELOPMENT BLOCK GRANT
PROGRAM AND H4ME INVESTMENT PARTNERSNIP PRC?GRAM.
WHEREAS, County and Tawn may cantract fior services and enter into agreements with one
another for jpint ar coaperative action pursuant to A.R.S. § 11-951, et seq.; and
WHEREAS, it is necsssary to enter into an tntergavemmentat Cooperative Agreement in order #o
meet the requirements of the Housing and �Communi#y Development Act of 1974 and sutisequerjt
arnendrnents; and �
WHEREAS, County and Town desire to engage in housing and community development activities
as authorized under the Housing and Community Development Act of 1974 and subsequent
amendrnents; and
WHEREAS, Courrty and Tawn do hereby find and determine that it is in the best interest af the
residents of the unincorporated areas of #he Caunty and of the Tawn of Marana that housing and
community development activities be performed join#ly in accordanee with ths provisions af this
Agreement and that the U.S. Departrnent of Housing and Urban Development (HUD) recommends that
expenditures of funds for each purpose be an an Urban County basis; and
WHEREAS,� it is mutuaily beneficial to each of the �parties hereto far the County to administer and
execute the provisians of the Agreement in accardance with the terms and canditions hereinafter
provided and subject to local ordinance and State and Federai taw;
THEREFORE BE 1T RESOLVED BY THE B(?ARD OF SUPERVtSORS OF PIMA, COUNTY, ARtZONA,
as fiollows:
�. The Interc,�ovemmental Cooperative Agreement between Pima County and the Town a#
Marana for the Communi#y Development Block Grarrt Pragram and Home Envestment
Partnership Program is hereby approved; and
2• The Chairman of the Board of Superv'ssars is hereby instructed and authorized to sign the
f ntergavernmenta! Cooperative Agreement for #he Pima County Boarcf af Supervisors.
PASSED A�A�pPTED�THfS b�n DAY 4F July ��.��
',�A
July 6, 2010
.
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APPROVEp AS TO FORM: ; :\;� �,
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y Caunty Attomey
� , (_-.'� t� i
NiARANA RES4LUTIUN NO. 2010-54
ItELAT'i1�IG TO COMMUNITY DEVELOPMENT; APPRO'VIl�1G ANi} AUTHORIZING.
FULL E�ECUTIC3N OF AN IGA VVITH �'IMA COUNTY FQR COMMUN1T�t
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERS�IP RENEWAL
THRUUGH J'�TNE 3Q, 2013
WIz�REA�, the T'avurt of 1Vlar�a 1�CO�I5Z4'S �(: T1c�U. LO iS�QVI(iG SSi fiI � 8livlUa.V1�
honsinb, neighborhood infrastructure, and parks for its citizens through the use of Cottimunity
Development Block �'rrant (CDBG) and HOME Pragram funding; and
WHEREAS, Pima County serves as the sponsoring agency for distribution of CDBG and
HOME Program funding under HUD's Housing anc� Cammunity Development Act of 1974 for
distribution of Federal funding ta an Urban County; and
VVHEREAS, the Town of Marana finds that it is in the hest interest of its residents to
enter into an agreement with Pima County to develop activities jointly in accordance with U.S.
Departmeint af Hausing Urban and Development (HUD} g�idelines and protocols; and
WHEREAS, it is necessary for Tawn of Marana the to enter into this Intergovernmental
Cooperative Agreement with Pima County as the sponsaring agency to meet the requirements of
HLTD's Housing and Communify DeveIopment Act of 13'74.
NC)W, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Coim between the Town of Marana and Pima
County is herby approved and the Mayor is herby authozized to execute it for and on behalf of the
Town af Maraxia.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZQNA, this I 5�' day of June, 2010.
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APPROVED AS TO FORM:
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�ONTt�A�T
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A�E�DM��T �0.
Intergovernmentai Coaperative Agreeme �7his r�umber mus! appear on all
���n invoices, correspondence and
Pima County and Town of Marana documents pertaining to this
for the contract,
Community Deveiopment Block Grar�t Program
and
Home investment Partnership Program
This Intergavemmental Cooperative Agreemenf made and entered into #his day of
� 2010, by and beiween the County of Pirna, a body politic and corporate of the State af
Arizona, hereinafter refened to as "Caun#y," 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 '"T'own.°
RECITALS
A. WHEREAS Caunty and Town may cantract for serv�ces and enter into agreements with one
ano#her for joirtt ar cooperative actian pursuar�t ta A.R.S. § 11-951, et seq. .
B. WHEREAS it is necessary to enter ir�to a Cooperative Agreement in order ta meet the
requiremerrts of the Housing and Communi#y Develapment Act of 1974 and subsequsrrt
amendmerrts. •
C. WHEREAS Counfy and Town are individually authorized by law to engage in housing and
community devefopment activ+ties.
D. WHEREAS Caunty and Town do hereby find and determine that it is in #he best inferest of the
residents of' the unincorporated areas ofi the County and the Town that housing and community
development activities be performed joirrtly in acxardance with the pravisions af this Agreemerrt
and that the U.S. Depa�tmeM of Housing and Urban [3evelopment recommends that expend�ures
of #unds for such purpose be on an Urban County basis.
E. WHEREAS it is mutually benefrcial to each of the parties hereta for County to administer and
execute the provisions of #his Agreement and the provisions of the Agreement for Management
and Implementation of the CDBG Program and NOME Program Agreements errtered into by the
parties, wiiich Agreements are hereby incorparated by reference as if fu8y set forth herein, in
accordance with the terms and conditiar�s hereinafter pravided and subjec# ta local ard'mance and
State and Federat taw. �
NOW, THEREFORE, Cour�fy and Town, pursuant to the above, and in consideration of ifie
matters ancf things hereinafter set forth, do mutually agrees as follows:
Pima Courrty, as an Urban County, is hereby designated as the spansoring agency to
administer and implemer►t the plan and program �for housing and community development
activities, for each of the participating par#ies to this Agreement in acxordance wi#h the
provisions of the Housing and Community Devetopmer�f Ack af 1974 and subsequent
amendments, the laws af the State of Ari�ona, and the terms and conditions provided
herein. In this respect, the Town agrees that the County is hereby delegateri the power to
plan and undertake cwmmunity developmerrt projects within its jurisdic#ion and wilE have
�"�� �~�
the final responsibility fior selecting ail CDBG and HOME projects in accardance with the
approved Community Development and Housing Consalidated Plan pursuant to 24 C�R
Part 91.
2. it is understoad and agreed that the County as the Grantee is to take the finaf
responsibility and to assume all the obligations of applicant for assistance under the
� provisions of said Housing and Cammunity Development Act ot' �1974 and subsequent
amendments, the three year certifications as required by HUD, subject to change in
legislation or regulations and the Consolidated Plan.
3. Ttte County and Town agree to cooperate to undertake, or assist in undertaking,
community renewal and lower. income housing assistance activities, spec�cally urban
renewal and publicly assisted housing.
4. The Caunty and Town do not have the power to veto or otherwise restrict ar withf»old the
support given by the County or the Town to the activities proposed in the Consolidated
P1an for any program year caveretl by #his Agreement. In the everrt that any participatsng
member errtity does not comp{y with a federai prerequisite in order for funds to be
expended in such area, then said entity's share shall be expended within aU or an�r portion
of the area served by the member entities who quatifyr under the provisions of said A�t.
5. !t is understaad that 'sn order to qualifjr for funds under the Housing and Cbmmunity
DeveloFxnen# Act of 19�4 and subsequer�t amendments, it is necessary that a
Consolidated Plan be submitted to and� appraved by the United States Departmer�t of
Housing and Urban Devefopment. All parties hereto agree to abide by the terms and
canditions of an approved Consolidated Plan for housing and � community development
activities as submitted to the Departmen# of Hausing and Urban Developmerit.
Upan executing the Agreement the Tawn agrees not to apply for CDBG funds from the
Sta#e of Arizona Small Cities Program, and may not participate in a HOME consortium
except through the. Urban Caunty during the period in which it is participating in the Urban
County's CDBG Program. Nothing herein shail be construed as limiting in any manner the
powers of any of the respective parties ta initiate and compfete a loca! project within their
respeetive jurisdiction with their awn funds. �
6. The 1 st day of Julv 2010 . shall be the effective date of Agreement, and
remain in force for three years. This Agreemerrt covers CDBG and HOME Pcogram
funding for Federal Fisca! years 2091, 2012, and 2013. This Agreement may be amended
to extend the term o# Agreement in order tb complete activities funded but nat completed,
or #o e�end pragram income receiyed during #he three years covered by this Agreement.
7. The Town anci the County recognize that the County shatl i� the govemmental errtity
required to execute any grant agreement rec�ived pursuarrt ta Consolidated Plan, and that
the Courrty shall thereby become responsible thereunder for ifie proper perfarmanc� of
the ptan and program. The Town agrees that it shaii futty cooperate with the County in al!
efforts hereunder and that they wili assist in doing any and afl things required or
apprapriate to comply with the provisions of any grant agreement received by the County
pursuant to the Act artd its regulations.
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8: Ali records of the County or Town related fo this Consolidated Plan and any projects
undertaken pursuant thereta shati upon reasonable notice, be available for inspection by
HUD, County, and/or Town auditors, during narmal business hours.
8. This Irrtergavemmentai Cooperative AgreemeM shaii be binding upon the parties hereto,
their successors and assignees. Any assignment of Agreement shali be vaid without th�
consent of the other party. �
1 Q Pursuant ta the primary abjective af Title I o# the Housing and Comrnunity Development
Act of 1974, the parties hereby agree to direct their Cammunity Development Block Grant
and HOME Program resources towarc! the development of viabie urban communities, by
praviding de+cent housing and a su�able living environment and expanding economic
opportunities; principally for persons of low- and moderate-income.
11. Counfy and Tovm will take alt required actions necessary to comply with the Urban
County's Certificatian required by Section 104(b) of T'�tle I of the Housing and Community
Development Act of 1974, as amended, including T�tle VI of the Civi! Rights Act af 1964,
the Fair Housing Act, section 109 0# Titie I of the Housing and Community Developmen#
Act of 1974 and other applicable laws. Courity shalt not fund Town ifi the Town does not
affirmatively further fair housing within its own jurisdicfion. County and Town agree to
�rmativ.ely further fair housing within County and Town. Town shall #ake no actions to
impede the County's actions to camply with Caunty fair housing cert�cation.
12. County and Town have adoptecf and are errfarang policy prohibiting the use af excessive
force by law enforcement agencies wi#hin its jurisdiction against any fidividuals engaged
in nan vioient civil rights demonstrations; and
A palicy of enforcing ap�ticable State and local laws against physicaily barring entrance to
or exit firom a facility or location which is the subject of such non vioferrt civi} rights
demons#ratians within its jurisdiction.
13. The parties agree that a fully executed amendment or amendments to this Agreement
shall be entered irrto as required ar necessary to impl�men# a detailed and formula#ed plan
ancf program as cantemptated hereundec or for the purpose of complying with any grant
agreement received or the regulations issued pursuarrt to the Act.
Faiture by either party to adop# an Amendment to this Agreement incorpora#ing all
changes necessary to meet the requiremer�ts for cooperation Agreements set forth in the
Urt�an County Qualifica#ion Notice applicable for the year in which the next quaiification of
the Urban County is scheduled shall automatically terminate this Agreemer� faltcmnng the
expenditure of all Community Development Block Grant and HOME funds aqocated for
use in the Town's jurisdiction.
14. Pursuant ta 24 CFR 570.5Q1(b}, #he Town is subject to the same requirements applicabie
to subrecipients, inciuding the requiremerrt for a written Agreement set fiorth in 24 CFR
57Q.5Q3.
. , , � -� �,--,.�
15. The County, as the CDBG grant recipient for the urban county has fiuli responsibility €or fhe
execution of the community development program, for following its Consolidated Plan, and
for mee#ing the requirements of other applicable laws (e.g., National Environmental Policy
Act, Uniform Relocation Act, Fair Housing Act, Title V! of the Civil Rights Act of 1964, Sec.
5p4 of the Rehabilitation Act of 1973, Sec. 109 of the Housing and Community
DeveEopmerrt Act of 1974, the Americans with Disabilities Act of 199Q, and far affirmatively
furthering fair housing}. County shall be he[d accountable far the accomplishment of the
community development program, for following the Consolidated Ptan, and far ensuring
that actions necessary for such accomplishment are taken by City.
16. The partiss acknowledge that A.R.S. § 38-511 requires that notice of A.R.S. § 38-511
must be included in eve.ry con#ract of a political subdivision of the Sfiate of Arizona and that
both parties must comply with all provisions and requirements of Arizona Executive Order
2009-09 inciudina flow down of all provisions and reauirement ta anv
subcantractors. Executive Clyder 2Q09-09 supersedes Executive order 99-4 and amends
Executive order 75-5 and may be viewett and downloaded at the Governor of the Sfiate of
Arizona's website http://www.azc�avarnor.qav/drnstuploadlFO 20Q9 09.tadf which is
hereby incotparated irrto this Agreemen# as if set forth in full herein. During the
perfarmance of #his Agreement, the parties shall not discriminate against any employee,
client or any other individua! in any way because of that person's age, race, creed, color,
religion, sex, disability or national origin.
THIS SPACE INTENTlONALLY LEFT BLANK
. � < ' . . �-�,� .-�l
� I
fN WITNESS WHEREOF, the parties hereto have caused #his Cooperative Agreement to be
executed the bth day of Ju1y 2010
PIMA CQ TY OA RE VISORS TOWN OF MA A
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Chai an, Boarc3 Superviso Mayor ,
JJL � � 201
a
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1 /� ✓i�� /� J. .,�.s/
' ii. • • •— •
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�" Town C{erk
REVIEWED BY:
�
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�f�` _
` Director, Cammuni Development &
Neighborhaod Conservation Department
Pursuant to A.R.S. § 11-952, the undersigned,
Pima County's legai counsei has determined
that fhe above AgreEment is in proper #orm
and is within the pawers and authority granted
under ttje Iaws o# the State of Arizona to Pima
County.
Karen Friar
Typed Name af Legal Counsel
/�!/_�i� 4'�'%i � ..��1_ �./1
+ -. -,_ .
Pursuant to AR.S. § 11-952, the undersigned,
Town of Marana's legal counsel has determined
that the above agreement is in proper form and is
within the powers and authority granted under the . .
laws of the State of Arizona to the Town of
Marana.
�� l'srss��t/
Typed Name of Le�Cuunsei
_ . . , . �, t; -�
OPINION OF DEPUTY COUNTY ATTORNEY
INTERGOVERMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND �'OWN CUF
MARANA FOR TNE COMIIAUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME
INVESTMENT PARTNERSHIP PROGRAM
I am an Aftorney at Law admiiteci to practice in the State of•Arizana and a duly appoin#�d Deputy
County Aftorney for the Cour�y of Pima.
i have examined the Intergovernmental Cooperative Agreement between Pima County and the
Town of Marana for the Community Develapment Bloek Grant Program and Home [nvestment
Partnership Program entered into by and between the C�unty of Pima and the Town of Marana,
pursuant to Trtie I af the Hausing and Cammunity Development Act of 'E974, and I arrt of the
opinion that the Agreement has been duly autharized by the Baard of Supervisars of the County of
Pima in accordance with State and locai legai requirements. •
! am further of the�opinion that the names and provisions af the agreement are authorized under
state and (ocai !aw and that Pima County is authorized to enter into this agreement pursuant to
state and local law.
To the. best of my knowiedge, there is no pending or threatened litigation affecting the
implementation of the Caoperation Agreement or the ability of the County of Pima fio be the
applicant for funding as a Urban County under Titie 1 af the Housing and Community Deveiapment
Act of 1974, as amended.
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r ,
EXHiBIT E
PIMA COUNTY COMMUNlTY QEVE�OPMENT BL,OCK GRANT PROGRAM
FY2013-2014 CON7RACT #
TOWN OF MARANA
ADMINiSTRATION, EMERGENCY HOME REPAIR, COLON(A NEIGHBORHOOD CLEANUP PROGRAM AND
OWNER-OCCUPIED HOUSING REHABILITATtON
FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS �OR THE MONTN OF
20
REQUEST #.
Activity Budgeted Expendifiures Cumulative Balance
This Month Ex enditures Available
Administration $15,OOO.QO
Emergency Home $25,000.00
Re air
Colonia- $10,000.00
Neighborhood
Cleanu Pro ram
Owner-Occupied $35,500.00
Housing
Rehabiiitatian
Totaf Bud et $85,500.00
Funds requested this month $ .(this iine mus# equai the GRAND TOTAL calumn for
"EXPENDtTURES THIS MONTH")
I hereby certify that to the best of my know{edge, the date reported represents actual receipts and actuaf
expenditures which have been incurred in accordance with the agreemen# for management and implementation
of the CDBG Program and are based on officiat accounting records and supporting dacuments which will be
maintained by us for purposes of audit.
REVIEWED BY
PREPARED BY
TITLE TITLE PHONE NUMBER
DATE
DATE
Re��ised 3-�-53 Page � 14
EXHIBtT F
PIMA COUNTY COMMUN(TY DEVELQPMENT BLOCK GRANT PROGRAM
FY2013-2014 CONTRACT #
TOWN OF MARANA
ADMINISTRA7lON, EMERGENCY HOME REPAIR, COLONIA-NEIGHBORHOOD CLEANUP PROGRAM AND OWNER-
OCCUPIED H4USING REHASfLiTATION
BUDGET MODIF[CATI�N
P(ease include:
1. A written justificafion for the modification for the line item(s) you wish to change; and
2. A new billing request with the requested change.
Budget change request must be limited to 10% of the total IGA amount and submitted within 30 days of the request.
Requests for budget change may not be accepted after July 7, 2014.
Please include the following:
Date:
Name of person requesting change:
Activity Bucfgeted Requested Bafance Available
Modi€ication
Administration $15,000.00
Emergency Home $25,000.00
Re air
coion�a- �� a,aoa.00
Neighborhood
GEeanu Pro ram
Owner-Occupied $35,500.00
Housing
Rehabilitation
Tota! Budget $85,500.00
The reason for the chan4es to our budaet is as follows:
Authorized Signa�ure
Mail or fia�c to: Gioria Soto
Pima County, Kino Service Genter
2797 East Ajo Way, 3` Floor
Tucson, AZ 85713
Fax Number: 520-243-6798
Re� isecl8- i -'E 3
Date
Page � 15