HomeMy WebLinkAboutResolution 93-027 IGA amendment with pima county relating to the CDBGRESOLUTION NO 93-27
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AN
AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF
PIMA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona:
THAT the Town of Marana will enter into amendments with Pima
County to extend the ter~ of the agreements between the two
parties, Amendment Number Seven to Contract No. 01-39-M-111057-
1288, Amendment Number Four to Contract No. 01-39-M-113773-1190,
and Amendment Number Two to Contract No. 01-39-M-115299-1191, for
the management and implementation of the Community Development
Block Grant Program, until Deoember 31, 1993.
PASSED AND ADOPTED by the Town Council of the Town of Mara-
na, Arizona, this 20th day of July, 1993.
ATTEST:
APPROVED AS TO FORM:
. F. ANN RODRIGUEZ, ~ECORDER
RECORDED BY: JEB
DEPUTY RECORDER
2012 RD11
P0330
PIMA CO COMMUNITY SERVICES
150 W CONGRESS FOURTH FLOOR
TUCSON AZ 85701
RESOLUTION NO. 1991-226
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RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, as follows:
SECTION 1
Pima County has submitted a Final Statement to the Department of Housing and
Urban Development (HUD) for Community Developlent Block Grant (CDBG) funds.
SECTION 2
In the event that HUD approves Pima County's CDBG Final Statement, 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.
PASSED AND ADOPTED ON November 5, 1991
ATTEST: PIMA COUNTY, A Body Politic and Corp.
APPROVED AS TO FORM:
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INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AN~i~EM~T~spondence. ~~d
OF THE COMMUNITY DEVELOPMENT BLOCK GRAN" ~s pertai~ing to th:1 B
CQDtract.
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THIS AGREEMENT is made and entered into by and between the County of Pima, a
body pol itic and corporate, hereinafter called "County" as the Community
Development Block Grant Recipient, and the Town of Marana, a body politic and
corporate, hereinafter called "Agency".
WITNESSETH:
WHEREAS, there has been enacted into law Public Law 97-35, the Housing and
Community Development Act amended 1981, the primary objective of which is the
development of viable urban communities by providing federal assistance for
community development activities in urban areas, including the area served by
the Agency~ and
WHEREAS, the County as an "Urban County" as that term is used in the Act, is
authorized to apply for and accept Community Development grants with respect
to its unincorporated territory and with respect to included units of general
local government actively participating with the County to undertake or to
assist in the undertaking of essential community development and housing
assistance activi~ies; and
WHEREAS, the Agency is a legal entity within the territorial boundaries of the
County; and
WHEREAS, Agency and County have agreed to submit a proposal to the Department
of Housing and Urban Development, hereinafter referred to as "HUD"; and
WHEREAS, in the event that the Agency's proposal is approved by HUD as part of
the County's Final Statement and a Community Development Block Grant is made
to the County on account of such Final Statement, the parties heretofore will
enter into this Agreement providing for implementation of the Agency's
a 11 ocat i on of the grant by the County, the Subrec i pi ent or by cooperative
action of the two agencies; and -
WHEREAS, it is the des ire of the Agency and the County that the Agency's
allocation of the grant be implemented by the Town of Marana; and
WHEREAS, the Agency is the legal entity responsible for operating and
maintaining the projects to be developed, and carrying out the specific
activities, as described in the Project Summary (Appendix "A"); and
WHEREAS, the Agency shall undertake the same obligations to the County, as the
County does to HUD, with respect to the Agency's allocation of the Community
Development Block Grant;
NOW THEREFORE IT IS AGREED AS FOLLOWS:
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I. TERM AND ALLOCATION
The effective date of this Agreement shall be the day of
1991. This Agreement shall expire on December 31, 1992. In no event is this
Agreement to be interpreted as subject to automatic renewal. The effective
date of the contract is the date the contract is executed by the Board of
Supervisors.
Maximum amount allocated under this Agreement shall not exceed one hundred and
eighty-three thousand ($183,000.00) dollars.
II. WORK TO BE PERFORMED
Agency agrees to implement their allocation of the grant as described in
Appendix "A" hereof fully in accordance with the terms of the overall
application made by the County to HUD for funds to carry out the Projects and
the Certifications which were submitted concurrently with the Final Statement
to HUD, and with the Cooperation Agreements with the Cities and Towns
(Appendix I(C"). The Final Statement is hereby incorporated by reference into
this agreement fully as is set forth herein. Agency agrees that it undertakes
hereby the same obligations to the County that the County has undertaken to
HUD pursuant to said Final Statement and assurances. Agency will hold County
harmless against any injury which County may suffer with respect to HUD on
account of any failure on the part of Agency to comply with the requirements
of any such obligation.
Agency shall perform in accordance with the Project Description (Appendix "A")
and Applicable Regulations (Appendix liB") set forth in this Agreement. The
work under this Agreement will be performed to the satisfaction of the County.
County will interpret all reports pursuant to the budget and will decide the
acceptabil ity and progress of work, and amounts to be paid under thi s
Agreement.
II 1. PAYMENTS
Payments by County will not exceed the $183,000.00 which was allocated for
these projects by the U.S. Department of Housing and Urban Development under
the Community Development Block Grant Program. No funds other than CDBG funds
will be expended or advanced by the County, from any source, for the projects
described in Appendix "A".
Requests by Agency for payment will include all claims and invoices of every
kind~nd nature against County, arising under this Contract or any provision
thereof, express or implied, or from any cause whatsoever.
Agency will supply County with an annual report which lists statistical data
on the clients served. The report will include location of client, income
level, family size, race, if family is female headed household, services
provided, and if family is elderly or handicapped.
Reconciliation of payment received with actual costs incurred shall be
accomplished prior to final payment, or through subsequent audit. If
payment rece i ved exceeds actual costs, the Agency shall, at the County's
discretion, 1) refund to the County the excess amount received; or 2) provide,
during the following contract term and without reimbursement, additional units
of contract services in a number equal to the amount of
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reimbursement overage divided by the unit fee in effect at the termination of
the contract term to which the overage applied. The additional units to be
delivered shall be for commensurate contract services. If contract
services are not continued in the next contract term, option (1) shall be
effected.
IV. ACCOUNTING
Agency shall keep and maintain proper and complete books, records, and
accounts which shall be open for inspection and audit by duly authorized
representative of the County and U.S. Department of Housing and Urban
Development at all reasonable times.
Within six (6) months of the close of the contract year, Agency shall provide
the County with an outside audit of its overall financial books, records and
reports by an independent CPA firm. Audit shall approximate the period of
County contract, shall cover all costs and receipts from COSG funds, and shall
include Agency response to any audit findings. Cost of such audit shall be
borne by Agency.
Agency shall comply with OMS Circular No. A-87, "Principles for Determining
Costs Appl icable to Grants and Contracts with State, Local, and Federally
recognized Indian Tribal Governments" (if Agency is a local government), 24
CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative
Agreements to Sta~e and Local Governments" (if Agency is a local government),
OMS Circular A-128, "Audits of State and Local Governments" (if Agency is a
local government), and OMS Circular No. A-122, "Cost Principals for Non-Profit
Organizations" (if Agency is a non-profit corporation).
V. INSURANCE REQUIREMENTS
Agency shall provide evidence of current insurance as listed below. Pima
County shall be named by the insurer as an additional insured on all reauired
insurance for all operations performed within the scope of this Aareement.
Required insurance is:
Commerc i a 1 General Li ab il i ty in amount of S 1,000,000 comb i ned, sing 1 e
limit Bodily Injury and Property Damage or $1,000,000
Bodily Injury, $1,000,000 Property Damage. Coveraaes shall specifically
i nc 1 ude: Premi ses {Operat ions. Indeoendent Contractors. Products {Comp 1 eted
Operations. Contractual Liability. and Automobile Liability coverinq
owned and non-owned vehicles. Where vehicles are used to transport the
ge'T1era 1 pub 1 i c or c 1 i ents, automobile coverage must be for at 1 east
$1,000,000 and must meet the requirements of ARS 28-1233. If the contract
involves professional services. Professional Liability insurance in amount
of $1.000.000 must be provided. If the Contractor wishes to receive
advances of funds, Fidelity Bond or Employee
Dishonesty Liability coverage shall be provided in an amount equal to the
maximum advance desired.
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Emoloyee Insurance
Workers' Compensation and Unemployment Insurance shall meet all Arizona
statutory requirements.
All Certificates of Insurance must provide for Quaranteed thirty (30) day
notice of cancellation. non-renewal or material chanQe. Any modifying
language in the Insurance Certificate must be deleted.
Agency's failure to provide proper notice of insurance meeting all of
these conditions shall result in withholding of all payments and in
voiding of this Agreement.
VI. INDEMNITY
Agency shall indemnify, defend and hold harmless Pima County, its officers,
departments, employees and agents from and against any and all suits, actions,
legal or aQministrative proceedings, claims, demands or damages of any kind or
nature arising out of this Agreement which are attributed to any act or
omi s s i on of Agency, its agents, employees, or anyone act i ng under its -
direction, control or on its behalf, whether intentional or negligent, in
connection with or incident to this Agreement.
VII. SUBCONTRACTS
Agency may propose contracts with one or more subcontractors to carry out its
obligations under this Contract, insofar as it deems proper or efficient;
provided, however, that all such subcontracts shall be in writing, and shall
be submitted to County before execution for review and comment. Agency shall
bind every subcontractor by the terms and conditions of the subcontract as
applicable to the work, and shall pay the subcontractor in the amount allowed
to Agency on account of the subcontractor's work, to the extent to Agency's
interest therein. Nothing in this Contract shall create any obligations on
the part of County to payor to see to the payment of, any sums to the
subcontractor.
Agency shall be as fully responsible to County for the acts and omissions of
subcontractors, and of persons either directly or indirectly employed by
them, as it is for the acts and omissions of persons directly employed by
itself.
Noth i ng conta i ned in the Contract Documents shall create any contractu a 1
rela~ionship between the subcontractor and the County.
The contracting for professional services, shall be done through an open
selection process which shall be in conformance with thE procedures and
requirements of County.
VIII. PROCUREMENT OF GOODS AND SERVICES
Agency agrees it will be solely responsible for obtaining all goods and
services necessary for operating the projects described in Appendix "A".
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Agency is not the agent of County for any purpose and shall not purchase any
materials, equipment, or supplies on the credit of the County.
Agency shall comply with OMS Circular No. A-122, "Cost Principals for Non-
Profit Organizations" (if Agency is a non-profit corporation), OMS Circular
No. A-llO, and other regulations listed in Appendix "B".
IX. COMPLIANCE WITH ALL LAWS
Agency shall comply with all applicable federal, state, and local laws, rules,
regul at ions, standards and Executive Orders, wi thout 1 imi tat i on to those
designated within this Agreement. The laws and regulations of the State shall
govern the rights of the parties, the performance of this Agreement and any
disputes thereunder. Any action relating to this Agreement shall be brought
in an Arizona Court. If any provision of this Agreement is held invalid or
unenforceable, the remaining provisions shall continue valid and enforceable
to the full extent permi tted by 1 aw. Any changes in the governi ng 1 aws,
rules, and regulations during the term of this Agreement shall apply but do
not require an amendment. Agency shall comply with all applicable provisions
of the Housing and Community Development Act of 1974, as amended, other
regulations listed in Appendix "B", Subpart K of the Community Development
Block Grant Entitlement Regulations, and 24 CFR Part 85 "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments" (if Agency is a local government).
X. RETENTION OF ~ECORDS
Records shall be maintained in accordance with sound management practice with
respect to all matters covered by this Contract. Except as otherwise
authori zed or requi red by County, such records sha 11 be ma i nta i ned for a
period of three (3) years after receipt of the final payment under this
Contract or until after resolution of audit questions, whichever period is
longer. Agency must comply with Section 570.506 "Records to be Maintained" of
the Community Development Block Grant Program - Entitlement Grant Regulations.
XI. MONITORING AND EVALUATION
County will monitor all activities and information sources in the management,
fiscal, and service systems of Agency and any subcontracted parties, relating
to performance of duties and obligations under this Contract, to assure that
Agency is maintaining adequate and acceptable
progress and systems, and to ensure that the funds provided to Agency by
County are being used effectively and efficiently to accomplish the purposes
for which the funds were made available.
County, in coopera t i on with Agency wi 11 evaluate products, serv ices, and
performance under the terms of this Contract.
Agency 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 described in Appendix "A".
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Site visits for monitoring, audit, and/or evaluation may be made at any time
during normal hours of operation and as often as County may deem necessary.
County will give reasonable notice when scheduling times for these meetings.
Agency shall make available to County for examination all of its records
with respect to all matters covered by this Contract and shall permit County
to audit, examine, and make excerpts and transcripts from such records, except
where legal constraints or professional rules of conduct prohibit disclosure
and such other information designated as privileged by such laws or
regulations. Where such confidentiality is legally or professionally
mandated, County may require Agency to implement a system designed to comply
with applicable confidentiality requirements" which will make as much
information available to County as the laws or regulations will allow.
Agency must comply with 24 CFR Part 85 "Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments" Section
85.40 "Monitoring and reporting program performance" (if Agency is a local
government).
XII. CLIENT FEES AND PROGRAM INCOME
Any program income generated and received by Agency as a result of contract
services shall be kept by Agency, used for the purpose of this contract, and
reported to County.
Agency shall comply with Section 570.504 "Program Income", and Section 570.503
"Agreements wi th' Subreci pi ents" of the Commun ity Development 8lock Grant
Program Entitlement Grant Regulations.
XIII. NON-ASSIGNMENT
Any assignment or attempted assignment of this Agreement without the prior
written consent of County shall be void. This Agreement shall be binding on
any and all successors and assigns to Agency. If Agency is reorganized, new
Officers or Board of Directors must agree to uphold all clauses of this
Agreement. Failure to do so will result in termination of this Agreement.
XIV. NON-WAIVER
The failure of either party to insist on anyone or more instances upon the
full and complete performance of any of the terms and provisions of this
Agreement to be performed on the part of the other, or to take any action
permitted as a result thereof, shall not be construed as a waiver or
relinquishment of the right to insist upon full and complete performance of
the same, or any other covenant or condition, either in the past or in the
future. The acceptance by either party of sums less than may be due and owing
it at any time shall not be construed as an accord and satisfaction.
XV. NONDISCRIMINATION
The parties to this Agreement shall not discriminate against any individual in
any way on account of such individual's race, color, religion, sex, age,
handicap or national origin.
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Executive Order Number 75.5 of the State of Arizona is hereby incorporated
into this Agreement by reference, as if set forth in full herein.
XVI. TERMINATION
If through any cause Agency shall fail to fulfill in a timely and proper
manner its ob 1 i gat ions or if Agency is unable to demonstrate reasonable
progress in meeting the goals under this Agreement, or if Agency shall violate
any of the covenants, agreements or stipulations of this Agreement, or if the
Community Development Block Grant from the Department of Housing and Urban
Development under which this Agreement is made is terminated or the amount of
the grant reduced, the Director, Pima County Community
Services Department, shall thereupon have the right to terminate or reduce the
contract dollar amount of this Agreement by giving Agency written notice of
such termination and specifying the date thereof, at least (15) days before
the effective date of such termination. In that event, all finished or
unfinished documents and other materials shall, at the option of the County,
become its. property.
Either party to this Agreement may terminate the Agreement with or without
cause by giving thirty (30) days written notice which shall commence on the
date of mailing by certified mail, or personal delivery. If the Agreement is
terminated by County as provided herein, Agency shall be paid an amount based
on the time and expenses incurred by Agency prior to the termination date;
however, no payment shall be allowed for anticipated profit on unperformed
services. In no event shall County be obligated for any payments to Agency in
excess of grant funds available. Advance monies not earned shall be repaid to
County within 30 days of notice of termination.
County does not warrant its power or right to enter into this Agreement, and
if the same is destroyed by court action initiated by third parties, there
shall be no liability of County to Agency (or Contractor) by reason of this
Agreement.
Agency shall comply with 24 CFR Part 85 "Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments"
Section 85.43 "Enforcement" and Section 85.44 "Termination for Convenience"
(if Agency is a local government).
XVII. IDENTIFICATION OF FUNDING AND COPYRIGHTS
A. All advertisements, real property, publications, printed and other
mat~ials which are produced by the Agency 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.
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B. Agency shall not copyright any materials or products developed through
contract services or contract 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.
XVIII. A.R.S. 38-511 - CONFLICT OF INTEREST
The state, its political subdivisions or any department of either may, within
three years after its execution, cancel any contract, without penalty or
further obligation, made by the state, its political subdivisions, or any of
the departments or agencies of either if any person significantly involved in
initiating, negotiating, securing, drafting or creating the contract on behalf
of the state, its political subdivisions or any of the departments or agencies
of either is, at any time, while the contract or any extension of the contract
is in effect, an employee or agent of any other
party to the contract in any capacity or a consultant to any other party to
the contra~t with respect to the subject matter of the contract.
XIX. NON-WARRANTY
County does not warrant its power or right to enter into this Agreement or to
participate in the provision of services set forth in this Agreement, and if
any court determines that County does not have such authority, County shall
not be liable to Contractor by reason of such court determination or by reason
of this Agreemen~.
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XX. ENTIRE AGREEMENT
Th is" document contains and const i tutes the ent ire Agreement between the
parties pertaining to the subject matter hereof. No agreements,
representations, or understandings not specifically contained herein shall be
binding upon any of the Parties hereto unless reduced to writing and signed by
the authorized signatories of the Parties to be bound thereby. The section
headings used herein are for convenience only and shall have no significance
in the interpretation or construction of this Agreement or any provisions
herein.
IN WITNESS WHEREOF, Agency and County have executed this contract this
day of , 1991.
TOWN OF MARANA
APPRO TO FORM:
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PIMA COUNTY
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4Jirector, Pima County
Community Services Department
APPROVED~S TO FORM
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APPENDIX "A"
PROJECT SUMMARY
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MARANA: ADMINISTRATION
CDBG FUNDS REQUESTED: $10,000
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MARANA - MOORE ROAD IMPROVEMENTS
CDBG FUNDS REQUESTED: S65,OOO
PROJECT DESCRImON:
MOORE ROAD IS A GRADED, NON-SURFACED ROADWAY. CDBG FUNDS ARE REQUESTED
TO CONSTRUCT A 24 FOOT\VIDE ROAD WITH A BASE MATERIAL, STABILIZED AND SURFACED
WITH CHIP SEAL. THE PORTION OF MOORE ROAD TO BE IMPROVED IS FROM THE 1-10
FRONTAGE ROAD TO SANDARIO ROAD.
LOW AND MODERATE INCOME BENEFIT:
73% OFTHE RESIDENTS OF MARANA AREA LOW AND MODERATE INCOME. THE POPULATION
OF MARANA IS 1,601.
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MARANA: ECONOMIC DEVELOPMENT LOANS
CDBG FUNDS REQUESTED: $50.000
PROJECT DESCRIPTION:
MARANA HAS ESTABLISHED REVOLVING LOAN PROGRAMS TO PROVIDE FUNDS FOR THE
EXPANSION OF LOCAL BUSINESSES AND Il'cTIUSTRIES WHO MAY NOT HAVE OTHER FUNDS
AND LOANS AVAILABLE. TUCSON LOCAL DEVELOPMENT CORPORATION HAS BEEN
CO.l\1"fRACTED TO SCREEN AND EVALUATE APPLICANTS FOR THE TOWN OF MARANA
PROGRAM.
CDBG FUNDS ARE REQUESTED TO CONTINUE THE PROGRAM
LOW AND MODERATE INCOME BENEFIT:
10 JOBS WILL BE CREATED. 100% OF THE RECIPIENTS WILL BE LOW OR MODERATE INCOME.
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MARANA - HEALTH CENTER RETIREMENT OF MORTGAGE
CDBG FUNDS REQUESTED: $8,000
PROJECf DESCRIPTION:
THE MARANA HEALTH CENTER PROVIDES HEALTH CARE SERVICES TO THE LOW MTD
MODERATE INCOME RESIDENTS OF THE MARANAAREA. CDBG FUNDS ARE REQUESTED TO
PA Y IN FULL A NOTE THAT WILL COMPLETE A LAND AND BUILDING ACQUISmON BY THE
MARANA HEALTH CENTER.
LOW AND MODERATE INCOME BENEFIT:
73% OF THE RESIDENTS OF MARANA ARE LOW AND MODERATE INCOME. THE POPULATION
OF MARANA IS 1,601.
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TOWN OF MARANA: HOUSING REHABILITATION PROGRAM
CDBG FillU)S REQUESTED: $30,000
PROJECT DESCRIPTION:
THE TOWN OF ?-.1ARANA HAS IDE1'.T"fIFIED A MINIMUM OF 35 HOMES WHICH NEED
REHABILITATION.
FUNDS ARE REQUESTED TO PROVIDE FUNDING FOR A HOME REPAIR PROGRAM. THIS
PROJECT WILL PROVIDE FINANCIAL ASSISTANCE TO PERSONS OF LOW AND MODERATE
INCOME TO REHABILITATE SUBSTANDARD HOUSING. THE PRIMARY EMPHASIS IS TO
REHABILITATE A HOME TO PROVIDE THE BASIC ELEMENTS OF A SAFE AND DECE1\"T HOME
PER HUD SECTION 8 STANDARDS. AN EMPHASIS WILL ALSO BE MADE TO MAKE THE HOME
ENERGY EFFICIENT, THEREFORE MAKING THE HOME COST EFFECTIVE TO THE
HOMEOWNER. A PORTION OF THE FUNDS MAYBE USED TO MAKE HOUSES MORE
ACCESSIBLE FOR HANDICAPPED AND ELDERLY INDIVIDUALS.
LOW AND MODERATE INCOME BENEFIT:
100% OF THE PROGRAM RECIPIE1\"TS WILL BE LOW AND MODERATE INCOME.
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MARANA AFFORDABLE HOUSING PROGRAM
CDBG FUNDS REQUESTED: S20,OOO
PROJECT DESCRIPTION:
THERE IS A NEED FOR GOOD QUALITY, OWNER - OCCUPIED, AFFORDABLE HOUSING IN
MARANA. CDBGFUNDSAREREQUESTEDTOPURCHASE~TIPERFORMSITEPREPARATION
ON TWO V A~"T LOTS. THESE LOTS WILL THEN BE SOLD TO A HOME BUILDER AT A
REDUCED RATE. WHEN THE HOMES ARE SOLD, THE COST SAVINGS MUST BE PASSED ON TO
THE LOW/MODERATE INCOME HOME BUYERS,
LOW AND MODERATE INCOME BEl\'EFlT:
100% OF THE BENEFICIARIES WILL BE LOW AND MODERATE INCOME.
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APPENDIX AB8
Agency 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 CFR 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) Sec~ion 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-128, "Audits of States and Local Governments" (if agency
is local government.
12) OMB Circular A-122, "Cost Principals for Non-Profit Organizations" (if
agency is non-profit organization).
13) OMB Circular A-lI0, A-87, and A-21.
14) Subpart K of the Community Development Block Grant Program Entitlement
Regulations.
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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.
....
9736
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ADOPTED BY THE PIMA COUNTY BOARD OF SUPERVIIORS--
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RESOLU N N . 1989-210 C::;='.:.:::g::l~3 T"2:::~~~r.::e:i=e. a:ld
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A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PIMA AUTHORILl .
THE BOARD OF SUPERVISORS TO ENTER INTO AN INTERGOVERNMENTAL COOPERATIVE
AGREEMENT WITH THE TOWN OF MAMNA FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PURPOSES.
WHEREAS, the County and the Town of Marana desire to engage in housing
and community development activities as authorized under the Housing and
Community Development Act of 1974 and subsequent amendments; and
WHEREAS, it is necessary to enter into an Intergovernmental Cooperative
Agreement in order to meet the requirements of the Housing and Community
Developm~nt Act of 1974 and subsequent amendments; and
WHEREAS, the County and the Town of Marana are publ ic agencies under -
the Provision of Sections 11-951 et sea. of the Arizona Revised Statutes,
and each is authorized by law to enter into joint powers agreements; and
WHEREAS, the County and the Town of Marana are individually authorized
by law to engage in housing and community development activities; and
WHEREAS, the County and the Town ~f Marana do hereby find and determine
that it is to the best interest of the residents of the unincorporated areas
of the County and the Town of Marana that housing and community development
activities be performed jointly in accordance with the provisions of this
Agreement and that the U.S. Department of Housing and Urban Development
recommends that expenditures of funds for such purpose be on an Urban County
basis; and
WHEREAS, it is mutually beneficial to each of the parties hereto for
the County to administer and execute the provisions of this Agreement in
accordance with the terms and conditions hereinafter provided and subject to
local ordinance and State and Federal law;
NOW, THEREFORE, BE IT RESOLVED, that the County of Pima does enter into
an InterGovernmental Cooperative Agreement with the Town of Marana for CDBG
Program purposes.
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and adopted by the Board of
, 1989.
~l rk, BOa\d of Supervi sors
~~ROVED AS TO fORM: I
(bJ>>vVL ~(])J&
Deputy County Attorney~
v :wED BY:
,~//t:A~.
pirectof, Community Services Dept.
9736
632.
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RESOLUTION NO. 89-27
A RESOLUTION AUTHORIZING THE MAYOR AND COUNCIL OF THE TOWN OF MARANA TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) PURPOSES.
WHEREAS, the County and the Town of Marana desire to engage in housing
and commun ity development activit i es as authori zed under the Housi n9 and
Community Development Act of 1974 and subsequent amendments; and
WHEREAS, it is necessary to enter into a Cooperative Agreement in order
to meet the requ i rements of the Hous i ng and Commun ity Development Act 0 f
1974 and subsequent amendments; and
WHEREAS, the County and the Town of Marana are public agencies under
the Provision of Sections 11-951 et seQ. of the Arizona Revised Statutes,
and each is authorized by law to enter into joint powers agreements; and
WHEREAS, the County and the Town of Marana are individually authorized
by law to engage in housing and community development activities; and
WHEREAS, tne County and the Town of Marana do hereby find and determine
that it is to the best interest of the residents of the unincorporated areas
or the County and the Town of Marana that housing and community development
activities be performed jointly in accordance with the provisions of this
Agreement and that the U. S. Department of Hous i ng and Urban Development
recommends that expenditures of funds for each purpose be on an Urban County
basis; and
WHEREAS, it is mutually beneficial to each of the parties hereto for
the County to administer and execute the provisions of this Agreement in
accordance with the terms and conditions hereinafter provided and subject to
local ordinance and State and Federal law;
NOW, THEREFORE, BE IT RESOLVED, that the Town of Marana does enter into
an intergovernmental agreement with Pima County for CDBG Program purposes.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of
Ma~ana, this 1st day of August ,1989.
ATTEST:
~~4?;?~~--~.?~'~1Z (Y/./J'r)? dJ/^
Town C1 erW C/ Mayor
APPROVED AS TO FORM:
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c::::::r-own Attorney
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INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT made and entered into this 1r.t: day of tJc.7"Qtft:".( ,
1989, by and between the County of Pima, a political subdivision of the
State of Arizona, hereinafter referred to as the "County", and the Town of
Marana, a municipal corporation of the State of Arizona, located within the
boundaries of the County of Pima, hereinafter referred to as "City".
WITNESSETH:
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; and
WHEREAS, the County and the City are public agencies under the
Provision of Sections 11-951 et seQ. of the Arizona Revised Statutes, and
each is authorized by law to enter into joint powers agreements; and
WHEREAS, the County and the City are individually authorized by law to
engage in housing and community development activities; and
~ .
WHEREAS, the County and the City do hereby find and determine that it
is to the best interest of the residents of the unincorporated areas or the
County and the City 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; and
WHEREAS, it is mutually beneficial to each of the parties hereto for
the County to administer and execute the provisions of this Agreement and
the provi s ions of the Agreement for Management and Imp 1 ementat i on of the
CDBG Program entered into by the parties, which Agreement is hereby
incorporated by reference as if fully set forth herei n, in. accordance with
the terms and conditions hereinafter provided and subject to local ordinance
and State and Federal law;
~ NOW, THEREFORE, IT IS AGREED 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 Housino and
Community Development Act of 1974 and subsequent amendments, the-laws
or the State of Arizona, and the terms and conditions provided herein.
In this respect, the City agrees that the County is hereby delegated
the power to plan and undertake community development projects within
its juri sd i ct i on and wi 11 have the fi na 1 res pons i bil i ty for select i no
all projects in accordance with the approved Community Development -
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App 1 i cat i on or Statement. It is understood that the County wi 11
delegate to the City, the primary responsibility for developing,
planning and executing program activities within its jurisdiction, as
appropriate and in accord with the CDBG Application or Statement.
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 provisions of said Housing and Community
Development Act of 1974 and subsequen~ amendments, including the
analysis of needs, the setting of objectives, the development of
community development and housing assistance plans, the three-year
communi ty development program, and any other documents, assurances or
certifications as required by HUD, subject to change in legislation or
regulations.
3. The County and City agree to cooperate to undertake, or assist in
undertaking, community renewal and lower income housing assistance
activities, specifically urban renewal and lower income housing.
4. The City does not have the power to veto or otherwi se restri ct or
withhold the support given by the County or the City to the activities
proposed in the grant Appl ication or Statement, including the Housing
Assistance 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 fot funds to be expended in such area,
then said entity's share shall be expended within all or any portion of
the area served by the member entities who qualify under the provisions
of said Act.
5. It is understood that in order to qualify for funds under the Housing
and Community Development Act of 1974 and subsequent amendments, it is
necessary that a Housing Assistance Plan and all application or
statement requirements be submitted to and approved by the United
States Department of Hous5ng and Urban Development. All parties hereto
agree to abide by the terms and conditions of an approved application
or statement for housing and community development activities as
submitted to the Department of Housing and Urban Development.
It is understood that pursuant to the Housing and Community Development
Act of 1974, the City shall not be entitled to make separate
,.>- application or statement for funds. Nothing herein shall be construed
as limiting in any manner the powers of any of the respective parties
to initiate and complete a local project within their respective
jurisdiction with their own funds.
6. This Agreement shall be effective as of the date set forth on page one
and remain in force for three years unless further extended or sooner
terminated as hereinafter provided. The City may at any item by
resolution of its governing body withdraw as a joint member by giving
written notice thereof to the County, except that such withdrawal shall
not be effective during the three program years in which the
terminating member has been a participant in the preparation of the
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plan. It is understood that the City will be a participant in the
preparation of the Federal fiscal year's 1989 application or statement
and is obligated through the three program years, beginning with said
application or statement.
7. The City and the County recognize that the County shall be the
governmenta 1 entity requi red to execute any grant agreement recei ved
pursuant to its app 1 i cat i on or statement, and that the County sha 11
thereby become responsible thereunder for the proper pe:formance of the
plan and program. The City agrees to hold the County harmless from any
loss, damage or liability arising out of the City's performance or
failure to carry out its program requirements. The City 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 to the Act and its regulations.
8. The Ci ty sha 11 execute and submit to the County, Assurance Form HUD
7068 with respect to the community development activities carried out
wi th i n its respect i ve boundar; es. It is further understood that the
Cha i rman of the Pima County Board of Supervi sors and the Pima County
Attorney will rely upon the assurances executed by the Mayor and
approved as to form by the City Attorney for purposes of executing an
Assurance Form for submission to HUD.
~.
9. All records of the County or City related to this application or
statement and any projects undertaken pursuant thereto shall upon
reasonable notice, be available for inspection by HUD, County, and/or
City auditors, during normal business hours.
10. This Intergovernmental Cooperative Agreement shall be binding upon the
part i es hereto, their successors and assignees. Any assignment of
Agreement shall be void without the consent of the other party.
11. Pursuant to the primary objective of Title I of the Housing and
Community Development Act of 1974,-the parties hereby agree to direct
thei r Commun i ty Development Block Grant resources toward the
development of viable urban communities, by providing decent housing
and a suitable living environment and expanding economic opportunities;
principally for persons of low- and moderate- income.
.--
12. County and City will take all required actions necessary to comply with
the provisions of the National Environmental Policy Act of 1969, Title
VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act
of 1968, Executive Order 11988, Section 109, 104{b) and other
requirements of Title I of the Housing and Community Development Act of
1974, and other applicable laws.
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 agreement received or the
regulations issued pursuant to the Act.
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14. The City and County agree to comply with and be bound by the provisions
of the Agreement for Management and Implementation of the COBG Program,
which is hereby incorporated by reference into this Agreement as if
fully set forth herein. That Agreement is subject to 24-CFR-570.503.
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative
Agreement to be executed the ~ day of O~1o~ , 1989.
ATTEST:
~~?/-)~~
Town ClerkV"
.'
REVIEWED BY:
~/~~r--
Director, Community Services Dept.
APPROVEO AS TO FORM:
I have reviewed this contract and have
determined that it is in appropriate
form and within the powers and
authority granted to the County. The
Ag~ements provides full legal
authority for the County to undertake
or assist in undertaking essential
community development assistance
activities, specifically urban renewal
and publicly assisted housing.
q7~f)
~ ) YY} ~.....uA-~
Mayor
"
I have reviewed this contract and
have determined that it is in
appropriate form and within the
powers and authority granted to
the Town of Marana.
-~.
6J7
RESOLUTION NO. 1993-6
RESOLUTION AUTHORIZING PIMA COUNTY TO ENTER INTO AN AMENDMENT TO AN
INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF MARANA FOR THE MANAGEMENT AND
IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
The Board of Supervisors will enter into an amendment with the Town of Marana to
extend the term of the agreement between the two parties until June 30. 1993.
This Amendment extends the term of the Agreement with the Town of Marana.
PASSED AND ADOPTED ON
JAN 1 2 \993
PIMA COUNTY
r-~
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, .
_ . . J Chairman
Board of Supervisors
'JAN 1 2 1993
ATTEST:
APPROVED AS TO FORM:
() I ':1 C. b.3 R
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CONTRACT
'i> 1-3q- ""-II 5 J.. C}Cf - /I q I
AGREEMENT FOR MANAGEMENT AND IMPLEME 'RrION OF THE
COMMUNITY DEVELOPMENT BLOCK GRA faDGRmt.:T NO. 01
This number nlust appear on all
Amendment Number One invoices. conesponrience. and
documents pertaining to this
Contract Number 01-39-M-1152 9oa*9~.
This Amendment to Agreement made and entered into this between Pima County, a
political subdivision of the State of Arizona, referred to as "County" and the
Town of Marana, referred to as "Subrecipient."
It is agreed that:
1. The effect i ve date of thi s amendment to agreement is the } 5-t day
of Tf! " \) ~,~ '__I 199.3.-.
/
2. The Agreement is amended to change the expiration date of this Agreement
to the 30th day of June, 1993.
3. Th is Agreement mod i fi es the pri or Agreement between the parties. The-
terms of the original Agreement and subsequent Amendments shall remain in
effect to the extent that they are not inconsistent with the terms of this
Amendment.
IN WITNESS WHEREOF, the parties do hereby affix their signatures this ~~ay
of J f} () 14 ~ r2-'-/ 1992-, and do hereby agree to carry out the terms of th is
Amendment and of the original Agreement cited herein.
PIMA COUNTY
BOARD OF SUPERVISORS
~
Se, ~ ) ~b:A-"
_ .' -- alrman
- '
JA 1 2 19tn
W
TOWN OF MARANA
CPA~~;p.', ~.
Mayor
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. -~~
Henry Atha, Director
Carom ity Services Department
9,IJti
539
CONTRACT
NO. 0/- ~ 7-/Vl-//5;{c;9-// 7/
AMENDMENT NO. D 2-
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION ctFliJHliumber must appear on all
COMMUNITY DEVELOPMENT BLOCK GRANT PROGF Nr\Ioices. correspondence, and
documents pertaining to this
contract.
~
Amendment Number Two
Contract Number 01-39-M-115299-1191
This Amendment to Agreement made and entered into between Pima County, a political
subdivision of the State of Arizona, referred to as "County" and the Town of Marana, referred
to as "Subrecipient."
It is agreed that:
1. The effective date of this agreement is the 7thdayof September 1992.
2. The Agreement is amended to change the expiration date of this Agreement to the 31st
day of December 1993.
3. This Agreement modifies the prior Agreement between the parties. The terms of the
original Agreement and subsequent Amendments shall remain in effect to the extent that
they are not inconsistent with the terms of this Amendment.
IN WITNESS WHEREOF, the parties do hereby affix their signatures this 7th day of ---
September , 1993 and do hereby agree to carry out the terms of thi s Amendment
and of the original Agreement cited herein.
PIMA COUNTY
BOAR~~UPERVISORS
C.O )~"
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Ed Moore, Cha i rman SEP 7 1993
TOWN OF MARANA
(oA.JllJ""~-' /
Mayor
ATTEST:
REVIEWED BY:
~
Henry .. . A a, Di rector
Community Services Department
APPROVED AS TO FORM:
'7
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CONTRACT
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATIONNOF THF oJ- ?i~/JJ- //5299~1/91
COMMUNITY DEVELOPMENT BLOCK GRANTPRO( I}&~NDMErH NO. 3 -
This number must appear on all
invoices, correspondence, and
Contract Number 01-39-M-1l5299-1l9 documents pertaining to this
contract.
,
This Amendment to Agreement made and entered into this ~ day 0 /~ / ,
199Q, between Pima County, a political subdivision of the State of Arizona,
referred to as "County" and the Town of Marana, refe'rred to as "Subrecipient."-
Amendment Number Three
It is agreed that:
1. The effective date of this agreement is the ~~ day of ~ 19~.
2. The Agreement is amended to change the expiration date of this Agreement
to the 30th day of June, 1994.
3. This Agreement modifies the prior Agreement between the parties. The
terms of the original Agreement and subsequent Amendments shall remain in
effect to the extent that they are not inconsistent with the terms of this
Amendment.
IN WITNESS WHEREOF, the parties do hereby affix their signatures this ~~ay
of~~~~ 199~ and do hereby agree to carry out the terms of this Amendment
and of the original Agreement cited herein.
TOWN OF MARANA
REVI ED BY:
V~/~
~ry G. Atha, Director
Community Services Department
ATTEST:
PIM0co~
/7.,(~p 111;
DATE I /
9735
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