HomeMy WebLinkAboutResolution 94-007 amendment to IGA with pima county relating to CDBGRESOLUTION NO. 94-07
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AN
AMENDMENTS TO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY
OF PIMA FOR THE MANAGEMENT OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
BE 1T RESOLVED by the Mayor and Council of the Town of Mararia, Arizona that the
Town of Mararia shall enter into amendment to the Intergovernmental Agreement between the
Town of Mararia and Pima County to change the expiration date of the Intergovernmental
Agreements for the implementation of the Community Development Block Grant Program to
December 31, 1994, Amendment #4 to Contract No. 01-39-M-11520-I 191 and Amendment #2
to Contract No. 01-39-M- 116951-1192.
PASSED AND ADOPTED by the Mayor and Council of the Town of Mararia, Arizona,
this._~"i.~- day of June, 1994.
ayorO ^
ATTEST:
-~PPROVED AS TO FORM:
T~~y
Resolution No. 94-07 Page 1 of 1
PIMA CO COMMUNITY SERVICES
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F. ANN RODRIGUEZ RECORDER
RECORDED BY: JEB
DEPUTY RECORDER
2012 RD11
P0330
AG
150 W CONGRESS FOURTH FLOOR
TUCSON AZ 85701
PICKUP
AMOUNT PAID
$
13.50
'--
, ;' RACT
NO. :b..39--r: //tf.:Ltj~ -1/9-S
INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT AND ,~EtM.Nl~TIIO~'Llst appear r,
OF THE COMMUNITY DEVELOPMENT BLOCK GRANT RO'~. com.' ':'0r;~;,- ""
documents pert3:~:i:-';:' "(,.
contract.
f\rnE~~D~.~Ef~T :...:.
THIS AGREEMENT is made and entered into by and between the County of Pima, a
body politic and corporate, hereinafter called "~P.~~,t.r".,a.s, the C~~unity
Development Block Grant Recipient, and the Town of Marana,a body'polltlC and
corporate, hereinafter called "Agency".
WITNESSETH:
WHEREAS, there has been enacted into law P~blic 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 activities; 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
allocation of the grant by the County, the Subrecipient or by cooperative
action of the two agencies; and
WHEREAS, it is the desire 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:
L
NOW THEREFORE IT IS AGREED AS FOLLOWS:
I. TERM AND ALLOCATION
The effective date of this Agreement shall be the day of
199___. This Agreement shall expire on December 31, 1994. In no event is
this Agreement to be interpreted as subject to automatic renewal.
Maximum amount allocated under this Agreement shall not exceed two hundred and
fifty thousand ($250,000.00) 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 "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 "B") 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
acceptability and progress of work, and amounts to be paid under this
Agreement.
II 1. PAYMENTS
Payments by County will not exceed the $250,000.00 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 and 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 recei ved exceeds actual costs, the Agency shall, at the County's
discretion, 1) refund to the County the excess amount received; or 2) provide,
9736
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during the following contract term and without reimbursement, additional units
of contract services in a number equal to the amount of 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 (I) shall be effected.
IV. ACCOUNTING
Agency shall keep and ma i nta in 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 CDBG funds, and shall
include Agency response to any audit findings. Cost of such audit shall be
borne by Agency.
Agency shall comply with OMB Circular No. A-87, "Principles for Determining
Costs Applicable 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 State and Local Governments" (if Agency is a local government),
OMB Circular A-128, "Audits of State and Local Governments" (if Agency is a
local government), and OMB 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 required
insurance for all operations performed within the scope of this AQreement.
Required insurance is:
Commercial General Liability in amount of $1,000,000 combined, single limit
Bodily Injury and Property Damage or $1,000,000 Bodily Injury, $1,000,000
Property Damage. Coveraqes shall specifically include: Premises/Operations.
Independent Contractors. Products/Completed Operations. Contractual
Liability. and Automobile Liability coverinq owned and non-owned vehicles.
Where vehicles are used to transport the general public or clients,
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.
Employee Insurance
Workers' Compensation and Unemployment Insurance shall meet all Arizona
statutory requirements.
9736
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l
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 administrative proceedings, claims, demands or damages of any kind or
nature arising out of this Agreement which are attributed to any act or
omission of Agency, its agents, employees, or anyone acting under its
direct ion, control or on its behalf, whether intent i ona 1 or negl i gent, 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. County has
authori ty to accept or reject any subcontract. Agency shall bi nd 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
itsel f.
Nothi ng contained in the Contract Documents shall create any contractual
relationship between the subcontractor and the County.
The contracting for profess i ona 1 servi ces, 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 sol e 1 y respons i b 1 e for obta in i ng all goods and
services necessary for operating the projects described in Appendix "A".
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.
9736 561
l
Agency shall comply with OMB Circular No. A-I22, "Cost Principals for Non-
Profit Organizations" (if Agency is a non-profit corporation), OMB Circular
No. A-IIO, 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, without 1 i mitat 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 permitted 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 Hous i ng and Commun i ty 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 RECORDS
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 requ i red by County, such records shall be ma i nta i ned for a
peri od of three (3) years after recei pt of the fi na 1 payment under thi s
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 cooperation with Agency will evaluate products, servi ces, 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".
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
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J.
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 with Subrec i pi ents" of the Commun i ty Development Block 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.
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.
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{
XVI. TERMINATION
If through any cause Agency shall fail to fulfill in a timely and proper
manner its obligations 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 termi nat ion. In that event , all fi ni shed 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
materials 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.
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
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,.
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, wi thout pen a 1 ty 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 contract with respect to the subject matter of the contract.
XIX. NON-WARRANTY ~,
County does not warran~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 Agreement.
XX. AMERICANS WITH DISABILITIES ACT
Contractor shall comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all
applicable federal regulations under the Act, including 28 CFR Parts 35 and
36.
SPACE INTENTIONALLY LEFT BLANK
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XXI. ENTIRE AGREEMENT
This document contains and constitutes the entire Agreement between the
part ies pertai ni ng 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.
PIMA COUN~~
Chairman, Board of ervisors
NOV 1 6 1993
TOWN OF MARANA
~~ ~jJ~
Ma;Y-gr L/ Ic.E ~ Y41l..
APPROVED AS TO FORM:
~/-?~~
(~/;Yfl ?
~Director, Pima County
Community Services
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ATTEST:~
~ ;~~,~
Cl erk or the Board / .
9736 555
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APPENDIX "A"
9736 567
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MARANA: ADMINISTRATION
PROGRAM ADMINISTRATION COSTS: GENERAL MANAGEMENT 570.206(A)
CDBG FUNDS REQUESTED:
$20,000
FUNDS WIlL BE USED FOR 1HE ADMINISTRATION OF 1HE CnBG PROGRAM.
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~tARANA . YOUTH SWIM PROGRAM
PUBLIC SERVICE: RECREATIO~ 570.201(E~
CDBG FUNDS REQUESTED: $15,000
PROJECT DESCRIPTION:
THE TOWN OF MARANA OPERATES A S\VIMMING POOL IN THEIR PARK.
CDBG FUNDS ARE REQUESTED TO PAY FOR THE OPERATION OF SUMMER
SWIM LESSONS AND WATER SAFETY CLASSES. THE CLASSES WOULD RUN
FOR 15 WEEKS.
LO\V AND MODERATE INCOME BENEFIT:
66% OF THE RESIDEr-..1S OF MARANA ARE LOW- AND MODERATE-INCOME.
THE POPULATION OF MARANA IS 2.187.
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9736 569
MARANA - POLICE DARE PROGRAM
PUBLIC SERVICES: EDUCATION/CRIME PREVE1\"'TION 570.201(E)
CnBG FUNDS REQUESTED: $20,000
PROJECf DESCRIPTION:
THE TOWN OF MARANA HAS STATED TIlE TWO MOST SERIOUS SOCIAL
PROBlEMS FACING TODAY'S YOUTII ARE DRUG ABUSE AND GANG-RELATED
CRIME. FUNDS ARE REQUESTED TO FUND A FULL-TIME POLICE OFFICER TO
TEACH CLASSES IN THE MARA.NA SCHOOL DISTRICT. CLASSES WOULD
FOCUS ON SELF-ESTEEM, INTERPERSONAL AND COMMUNICATION SKILLS,
DECISION-MAKING, AND POSmVE ALTERNATIVES TO DRUG ABUSE.
LO'" AND MODERATE INCOME BENEFIT:
66% OF THE RESIDENTS OF MARANA ARE LOW- AND MODERATE-INCOME.
THE POPUlATION OF MARANA IS 2,187.
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MARANA . HEALTH CE~~R PRESCRIPTION DRUG PROGRAM
PUBLIC SERVICES: HEALTH CARE 570.201(E'1
CDBG FUNDS REQUESTED:
$7,000
PROJECf DESCRIPTION:
CDBG FUNDS ARE REQUESTED TO PROVIDE ASSISTANCE \VITH THE
PURCHASE OF PRESCRIPTION MEDICATION FOR ELDERLY COMMUNITY
MEMBERS WHO FALL IN THE "NOTCH GROUP" REGARDING GOVERNMENT
ASSISTANCE PROGRAMS. THE PROGRAM WOULD PROVIDE ASSISTANCE TO
TIIOSE SENIOR CrnZENS WHO ARE NOT EUGIBLE FOR AHCCCS BL"T DO NOT
HAVE ENOUGH INCOME AVAILABLE TO COVER THE COST OF NEEDED
PRESCRIPTION MEDICATION.
LOW AND MODERATE INCOME BENEFIT:
100% OF THE RECIPIENTS WOULD BE LOW AND MODERATE INCOME.
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9736 571
MARANA - EMERGENCY HOME REPAIR PROGRAM
ELIGIBLE REHABILITATION ACTIVITIES: PRIVATE RESIDE1\"'TIAL 570.202(A)(1)
CDBG FUNDS REQUESTED: $10,000
PROJECT DESCRIPTION:
THE TOWN OF MARANA HAS IDENTIFIED HOMES WHICH NEED EMERGENCY REPAIRS TO
CORRECT HEALTH AND SAFETY PROBLEMS. FUNDS ARE REQUESTED TO ADMINISTER AN
EMERGENCY HOME REPAIR PROGRAM. MAXIMUM GRANTS WOULD BE $500.00.
APPROXIMATELY 20 HOUSEHOLDS WOULD BE ASSISTED.
LOW AND MODERATE INCOME BENEFIT:
100% OF THE PROGRAM RECIPIENTS WOULD BE LOW AND MODERATE INCOME.
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9735
572
t'
MARANA . ADONIS ROAD IMPROVEMEl\l"fS
PUBLIC FACILITIES AND IMPROVEMEl\l"fS: ROAD IMPROVEMENTS 570.201(C)
CDBG FUNDS REQUESTED: $9,000
PROJECT DESCRIPTION:
ADONIS ROAD IS A DIRT ROAD WITH A BAD DIP. FUNDS ARE REQUESTED
TO GRADE AND P A VB 1,300 FEET OF ADONIS ROAD AT THE INTERSECTION
OF ADONIS ROAD/LETTUCE ROAD.
LO'" AND MODERATE INCOME BENEFIT:
66% OF THE RESIDENTS OF MARANA ARE LOW AND MODERATE INCOME.
THE POPULATION OF MARANA IS 2,187.
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9736 573
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_ MARANA - HOUSING REHABILITATION PROGRAM
ELIGIBLE REHABILITATION ACTIVITIES: PRIVATE RESIDENTIAL 570.202(A)(1)
. CDBG~S-REQUESTED: $41,000
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:Cc,:;:.~::PR<?!ECT---DESCRIPTION: ..
...
;~~~IHE TOWN OF MARANA HAS IDENTfrlJill A MINIMUM OF 35 HOMES WInCH
;.: NEED REHABILITATION.
FUNDS ARE REQUESTED TO PROVIDE FUNDING FOR A HOME REPAIR
PROGRAM. TInS PROJECf wnL PROVIDE FINANCIAL ASSISTANCE TO
PERSONS OF LOW AND MODERATE INCOME TO REHABILITATE
SUBSTANDARD HOUSING. TIlE PRIMARY EMPHASIS IS TO REHABILITATE A
HOME TO PROVIDE TIlE BASIC ELEMENTS OF A SAFE AND DECENT HOME
PER HUD SECTION 8 STANDARDS. EMPHASIS wnL ALSO BE MADE TO MAKE
TIlE HOME ENERGY EFFICIENT, TIlEREFORE MAKING THE HOME COST
EFFECTIVE TO THE HOMEOWNER. A PORTION OF THE FUNDS MAY BE USED
TO MAKE HOUSES MORE ACCESSffiLE FOR HANDICAPPED AND ELDERLY
INDIVIDUALS.
_. LOW AND MODERATE INCOME BENEFIT:
-~,.......- "
.:2"'FZiooo/iLoEnm~cmlENTS OFTIIEPROGRAM RECIPIENTS wnLBE WW AND
;::~i.MODERATE lNCOME.
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A
MARANA - PARK IMPROVEMENT
PUBLIC FACILITIES AND IMPROVEMENTS: PARK 570.201(C)
CDBG FUNDS REQUESTED: $20,000
PROJECI' DESCRIPTION:
THE TOWN OF MARANA OPERATES A 3D-ACRE PARK. FUNDS ARE
REQUESTED FOR THE PURCHASE OF PLAYGROUND EQUIP:MENT, PICNIC
TABLES, AND PAINT AND CABLES TO BORDER THE PARKING LOT.
LOW AND MODERATE INCOME BENEFIT:
66% OF THE RESIDENTS OF MARANA ARE LOW AND MODERATE INCO:ME.
THE POPULATION OF MARANA IS 2,187.
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9736 575
MARANA . SANDERS ROAD IMPROVEMENfS
PUBLIC FACILITIES AND IMPROVEMENfS: ROADS 570.201(C)
CDBG FUNDS REQUESTED:
PROJECf DESCRIPTION:
SANDERS ROAD HAS DETERIORATED BEYOND THE TOWN BEING ABLE TO
MAINTAIN THE ROAD. THE ROAD PROVIDES TIlE ONLY NORTII/SOUTH UNK
BETWEEN 1-10 AND TIlE POPULATION CENTERS, SCHOOLS, BUSINESSES AND
THE CUNIC. FUNDS ARE REQUESTED TO REBUILD SANDERS ROAD FROM
MARANA ROAD TO TIlE SANTA CRUZ BRIDGE. THE TOTAL LENGTII IS 1.8
MILES. THESE FUNDS WILL BE USED wrrn: FEDERAL AID SECONDARY
FUNDS.
$108,000
LOW AND MODERATE INCOME BENEFIT:
66% OF THE RESIDENTS OF MARANA ARE LOW AND MODERATE INCOME.
THE POPULATION OF MARANA IS 2,187.
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9736 576
APPENDIX "BA
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) Section 109 of the Housing and Community Development Act of 1974.
6) Executive Order 11246 - Equal Employment Opportunity.
7) Section 3 of the Housing and Urban Development Act of 1968.
8) Flood Disaster Protection Act of 1973.
9) National Environment Policy Act of 1969.
Section 106 of the National Historic Preservation Act of 1966, Executive
Order 11593.
10) Federal labor Standards Provisions.
11) OMB Circular A-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-110, A-87, and A-21.
14) Subpart K of the Community Development Block Grant Program Entitlement
Regulations.
15) 570.200{J) First Amendment Church/State Principles of the Community
Development Block Grant Program Entitlement Regulations.
16) 570.503{b){6) Prohibition Against Religious Activities.
17) 570.503{b){8) Reversion of Assets.
9736 577
APPENDIX "e"
RESOLUTION NO. ]qq?-lq1
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PIMA AUTHORIZING THE
BOARD OF SUPERVISORS TO ENTER INTO AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT
WITH THE TOWN OF MARANA 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 Development 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 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, the 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 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 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 County of Pi ma does enter into an
Intergovernmental Cooperative Agreement with Town of Marana for CDBG Program
purposes.
PASSED AND ADOPTED by the Board of Supervisors of Pima County this
OCT 1 3 1992 1992.
Gay of
R ~ 1fIJ.,.~
Cha i rman OCT 1 3 1992 '
APPROVED AS TO FORM:
SUDe,:"visors
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9736
578
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RESO~~ION NO. 92-30
J.. RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA.
ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER INTC AK
INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF PIMA FOR COMMUNI~Y
DEVELOPMENT BLOCK GRANT PROGRAM I CDBG j PURPOSES
,
, WHEREAS, the County of Pima and the Town of Marana desire to
engage in housing and community development activities as author-
ized under the Housing and community Development Act of 1974 anc
subsequent amendments thereto; and
WHEREAS, it is necessary to enter into
Cooperative Agreement in order to meet the
Housing and community Development Act of
amendments thereto; and
an Interoovernmental
requirements of the
1974 and subsequent.
WHEREAS, the County of pima anc the Town of Marana are
public agencies under the provisions of Sections 11-951 et seq.
of the Arizona Revised Statutes, and each is authorized by law to
enter into j oint powers agreements; and
WHEREAS , the County of Pima and the Town of Maran a are
individually authorized by law to engage in housing and community
development activities; aRd
WHEREAS, the County of Pima and the Town of Marana do hereby
find and determine that it is to the best interest of the resi-
dents of the unincorporated areas of the county of Pima and the
Town of Maran a that housing and community development activities
be perfor.medjointly 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 each pur-
pose be on an Urban County basis; and
WHEREAS , it is mutually beneficial to each of the parties
hereto -for the' County of piJna to administer and execute the
provisions of this Agreement in accordance with the terms and
conditions hereinafter provided and suhj ect to local ordinance
and State and Federal law;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of
the Town of Marana, Arizona that the Town of Marana will enter
into an Intergovernmental Agreement wi -:.h the County of piJna for
community Development Block Grant [CDBG] purposes~
. .- - ~
PASSED AND ADOPTED by the Town Council of the Town of
-- na, - Arizona, -,'this:'20th day of october,:' 1992.
~/1jA1? ~
MAYOR
Hara-
J
9736
579
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INTERGOVERNMENTAL COOPERATIVE AGREEM
.
- .
"1
ber must &.t:pear ';0 It: J :
St OG.:T8s;>ondan.';!, . Il..~ ,I
Aooumants P8rt&~.t4. tlUa .1
. . THIS AGREEMENT made and entered, into thi s I3-I-liday .... ;
- '. "1992, by 'and between 'the County of Pima, a pol itical subdivi sion of the State of
.:.:.=. Arizona, hereinafter referred to as the "County, Nand the Town of Marana, a
. ,municipal corporation of the State of Arizona, located within the boundaries of
the County of Pima, hereinafter referred to as "Town."
COMMUNITY DEVELOPMENT BLOCK GRANT
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 Town are public agencies under the Provisions 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 are individually authorized by law to engage in
housing and community development activities; and
WHEREAS, the County and the Town 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 that housing and community development activities be performed jointly in
accordance.with,the provisions of thi s 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
,.,...i~, WHEREAS." it is mutually benefjcialto each of the parties hereto for the County
~:io.~to administer and execute the 'provisions of this Agreement and the provisions of
~ l~ 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
........ setforthc herein,' in accordance with the terms and conditions hereinafter
-:C~~:.;-:"provided and subject to local' ordinance and State and, Federal law;
.. ---.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Pima County, as an Urban County, is hereby designated as the sponsoring
agency to, administer ,and implement the plan. and program for housing and
",ccolllDUnitYq,development,activities for each of the participating parties to
:..thi~Agreement'-;n:;:;accoTdance with the pro'visions', of. the', Housing'and
COlJIDUnity, Development Act of 1974 and subsequent amendments, the laws of
the.;State-,of;,Arj2on~:and:,::the terms and. conditions provided her:ein. In
this respec~..the Town.agreesthat the County is hereby delegated the
p~~et: to plan and undertake commun i ty development projects wi th i nits
j~l"isdiction and will"have'the final responsibility for selecting all
projects in accordance with the approved Community Development Application
;.:,or:::Statement. It is understood that the Town will delegate to the County,
~.1he_primaryresponsibility for developing, planning and executing program
actiyities within the Town's jurisdiction, as appropriate and in accord
with the CDBG Application or Statement.
9736 580
".
.
, ~..
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 subsequent amendments, including the community development
plan, the Comprehensive Housing Affordabi1ity Strategy and the three-year
certifications as requir~d by HUD, subject to change in legislation or
regulations.
3. The County and Town agree to cooperate to undertake, or ass i st in
undertaking, community renewal and lower income housing assistance
activities, specifically urban renewal and publicly assisted housing.
2.
4. The Town does not have the power to veto or otherwise restrict or withhold
the support given by the County or the Town to the activities proposed in
the grant Application or Statement, including the Comprehensive Housing
Affordability Strategy for any program year covered by this Agreement. In
the event that any participating member entity does not comply with a
federal prerequisite in order for funds to be expended in such area, then
said entity's share shall be expended within all or any portion of the
area served by the member entities who qualify under the provisions of
said Act.
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 Comprehensive Housing Affordability Strategy and all
application or statement requirements be submitted to and approved by the
United States Department of Housing and Urban Development. All parties
hereto _.__agree to abide by the terms and conditions of an approved
application-nrstatement for housing and community development activities
as submitted tothe.Department of Housing and Urban Development.
It is understood,. that pursuant to the Housing and Community Development
Act of 1974, the, Town shall not be entitled to make separate appl ication
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. The /6-1-11 day of Oc-rz>.t5f"4 1992 , shall be the effective date
of the three-year per;od covered by this Agreement, and remain in force
for three years. Thi:. Agreement may be amended to extend the term of
:~;:"Agreemen~in:order..~.tocomplete activities funded but notcompletec. or to
::cc..:S'~p~nd~Ptogt;":im,dl!c_ome. recei~ed 'c ~uri ng. the.; three years. covered ty th is.
- ~c'_Agreement:---~. - .-: __ - -- ;c
5.
q", The , Town. and~_.the:..Countyj':drecogni ze that the" County sha 11 be the
governmental entity - required _ to execute any grant. agreement receivec;
pursuant to its .application or final statement, and that the County shall
thereby becomE!...responsible thereunder for the proper performanCE- of the
plan and program. The Town agrees that it shall fully cooperate w~th the
County in all eff~rts hereunder and that they will assist in doing ,~y and
all things required or appropriate to comply with the provisions of any
grant agreement received by the Count.':' pursuant to the Act and its
regulations.
9736 581
~ {
8. All records of the County or lown related to this application or final
statement and any projects undertaken pursuant thereto shall upon
reasonable notice, be available for inspection by HUD, County, and/or
lown auditors, during normal business hours.
9. This Intergovernmental Cooperative Agreement shall be binding upon the
parties hereto, their successors and assignees. Any assignment of
Agreement shall be void without the consent of the other party.
10. Pursuant to the primary objective of Title I of the Housing and Community
Development Act of 1974, the parties hereby agree to direct their
Community Developmert 810ck Grant resources toward the development of
viable urbarJ communities, by providing decent housing and a suitable
living environment and expanding economic opportunities; principally for
persons of low- and moderate-income.
11. County and Town will take all required actions necessary to comply with
the provisions of the National Environmental Pol icy Act of 1969, Title
VIII of the Civil Rights Act of 1968, Executive Order 11988, 104(b) and
other requirements of Title I of the Housing and Community Development Act
Section 109 of Title I of the Housing and Community Development Act of
1974, the Americans with Disabilities Act of 1990, and other applicable
1 aws.
County shall not fund Town if the Town does not affirmatively further fair
housing within its own jurisdiction. County and Town agree to
affirmatively further fair housing within County and Town. Town shall
take no actions to impede the County's actions to comply with County fair
housing certification.
12. County and Town have adopted and are enforcing policy prohibiting the use
of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in non-violent civil rights
demonstrations; and
A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the
subject of such non-violent civil rights demonstrations within its
jurisdiction.
13. The parties agree that a fully executed amendment or amendments to this
Agreement 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.
Failure by either party to adopt an Amendment to this Agreement
incorporating all changes necessary to meet the requirements for
cooperation Agreements set forth in the Urban County Qualification Notice
app 1i cab 1 e for the year in wh i ch the next qual i fi cat i on of the Urban
County ~s scheduled shall automatically terminate this Agreement following
the expenditure of all Community Development Block Grant funds allocated
for use in the Town's jurisdiction.
14. Pursuant to 24 CFR 570.581~b), the Town is subje:t to the same
requirement~ applicable to suorecipients, including the requirement for a
written Agreement set forth in 24 CFR 570.50:.
9736
582
J . ,1' i..'
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. , '
IN WITNESS WHEREOF, the parties hereto have caY&M jh.i.s1tOQPerative Agreement to
be executed the day of Mil .) 'WI. ...,. 1992.
PIMA COUNTY BOARD OF SUPERVISO~
TOWN OF MARANA
f?~..1J>;L ~
Chai an, Board of Supervisors
llC I 1 3 1992
&~J ~dU/'~ -/
-,. ,
Mayor
ATTEST:
REVIEWED BY:
'i#
Director, Community Services Dept.
S TO FORM:
~~
B : For TOWN OF ·
I have"revie d this contract 'and
'~. have ' ,:;aeterminedc-' that it is in
appropriate form and within the
powers and authority granted to the
County. The Agreement provides full
:~-:$ legal authority for the- County to
,~:;:Eunder:take ',. or~~ass i st~~i n.::. undertaking,;,
,~~;=ess~~t~ al~:~~co~~n~ty:::~,: ~eve 1 ,?PDlentc:::,
':-;;;;;,:;:asslnance" actl Vltl es, speci f.l ca 11 y ,
:.;i.&'f'':'urban'renewal and publicly assisted
"~~~t~~p~s~!,g~~,,cc~.. .~;" '
I have reviewed this contract
have determi ned that ; tis
appropri ate form and within
powers and authority granted to
TOWN OF MARANA.
and
in
the
the
~~-. ---
This contract replaces contract executed by Pima County Board of Supervisors
.~ on 08-17-92. Contract has identical County number.
.___.,_._...4".
,.."....,~'-~..
9736 583
-~'_~"..'...d..~...,'_"~_."~"""'''''"'''''~.,~.,,,....~~_....._.,^...~__.""'.-.""'_~_.,.._<,,_..v_"
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Amendment Number Five
Contract Number 01-39-T-118296-1193
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 amendment to agreement is the
1996.
day of
2. The Agreement is amended to change the expiration date of this Agreement to the
31st day of December, 1997.
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 day of
, 1996, and do hereby agree to carry out the terms of this Amendment and of
the original Agreement cited herein.
PIMA COUNTY
TOWN 0% Mm. A
~~1.~c.---
\ v '
Mayor
Chairman of the Board
ATTEST:
ATTEST:
0/
Jane S. Williams
Clerk of the Board
REVIEWED BY:
Director, Community Services
APPROVED AS TO FORM:
~ ~/
c: ~ f1G ..~~
Depu ounty Attorney
r,ONTRACT
NO. OI-3'-I-J-J1qdq(y~Jlq 3
AGREEMENT FOR MANAGEMENT AND IMPLEME~T)aNHdF). TIiE I
COMMUNITY DEVELOPMENT BLOCK G~isPIhg~ must appear n'i :,'
\inVOices, corr8SPQnih,::~,'!. ~1.
Amendment Number One documents pertai:-;ing tr; ;--
, corn.r2ct.
Contract Number 13-39-T-1182~~193
----------.... -
This Amendment to Agreement made and entered into between 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 amendment to agreement is the ___
?i!!El day of ~,^oJ..a..Y-'2> 192.5:.....
2. The Agreement is amended to change the expiration date of this
Agreement to the 30th day of June, 1995.
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~e parties do hereby affix their signatures
this 3~ day of ~~ 19~, and do hereby agree to carry
out the terms of this Amen nt and of the original Agreement cited
herein.
PIMA COUNTY BOARD OF
pa&, ~
SUPERVISORS
TOWN OF MARANA
JAN -.3 1995
MaY~>>;"'~~ /
JJd~
lllJ.ams, Clerk of the
~/~~~
Henry G. Atha, Director
Community Services Department
APPROVED AS ~'
~ fut#\L I.. ..
Deputy County tt~
;I~ !e.r //
71.u>/9~
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Amendment Number Two
Contract Number 13-39-T-118296-1193
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 amendment to agreement is the ___
day o~ 1995.
2. The Agreement is amended to change the expiration date of this
Agreement to the 31st day of December, 1995.
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 day of 1995, and do hereby agree to carry
out the terms of this Amendment and of the original Agreement cited
herein.
PIMA COUNTY BOARD OF SUPERVISORS
::r&;~L-
Paul Marsh, Chairman
A7R
Jane S. Williams, Clerk of the Board ~~
~~:;a;o
Town Attorney
ATTEST:
REVIEWED BY:
Hen G. Atha, Director
Community Services Director
APPROVED AS TO FORM:
~!~
II
5?J'~5