HomeMy WebLinkAboutResolution 2017-105 Approving Amendment No. 1 to the IGA for management and implementation of the 2017-2018 Community Development Block Grant Program MARANA RESOLUTION NO. 2017-105
RELATING TO COMMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING
TH]"' MAYOR TO EOT
.EXECUTE AMENDMENT NO. I THE INTERGOVET
RNMENAL
AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE
MANAGEMENT AND IMPLEMENTATION OF THE 2017-2018 COMMIJNITY
DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS the Town of Marana recognizes the need to provide safe affordable housing
and. neighborhood infrastructure for its citizens and has applied for Community Development
Block Grant (CDBO) funding for these purposes; and
WHEREAS Pima County has been awarded funding from the U.S. Department for Hous-
ing and Urban Development under the CDBG program for the 2017-2018 federal fiscal year; and
WHEREAS the Town of Marana has been selected as a sub-grantee through Pima Coun-
ty's proposal process; and
WHEREAS Pima County and the Town of Marana may contract for services and enter
into agreements with one another for joint or cooperative action pursuant to A.R.S. §I I-952 e t
seq.; and
WHEREAS the Mayor and Council of the Town of Marana -find it is in the best interests
of its citizens to approve Amendment No. I to this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
rl,,OWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Amendment No. I to the intergovernmental agreement between Pima
County and the Town of Marana., in substantially the form attached to and incorporated by this
reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized
and directed to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms., obligations, and ob-
jectives of the amendment to the intergovernmental agreement.
00054749.1.')OCX/I
Marana Resolution No,2017-105
PASSED AND ADOPTED BY THE MAYOR. ANIS COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7th day of November, 2017.
Mayor E Ho ea
ATTEST: APPR.OV D AS TO FORM:
r
r
J eelyn C. ronson, Town Clerk Fr nk Cas y,--Town At r ey
MARANA A. .
00054749.DOCx/I
Marana Resolution No.2017-105 - 2 --
PIMA COUNTY COMMUNITY DEVELOPMENT AND
NEIGHBORHOOD CONSERVATION DEPARTMENT
Program Name: Management and Implementation of the Community Development Block
Grant(*'CDBG") Program
Subrecipient: Town of Marana
11555 W. Civic Center Drive
Marana, Az 85653
BUNS No.: 098034143
Funding: U.S. Department of Housing & Urban Development
Community Development Block Grant
Contract No.: CT-CD-17%210
Federal Contract No.: B-17-UC-04-0502
Amendment No.: One (1)
CFDAPro ram Descri tion Nation Funding Pima County Award
............
Community Development Block 1 $2,58%081.0014.218FY 2017 $3,060,000,000.00 FY 20 7
Grant (CDBG)
Original Contract Term: 1011116-9130117 Contract Amount: $94,800.00
Termination date this amend: 9130118 Amount this amendment: $60,000.00
TOTAL contract amount: $154,800.00
Pima County ("County"), a body politic and corporate of the State of Arizona, and Town of Marana
("Subrecipient"), a municipal corporation of the State of Arizona, entered into the above-referenced
Agreement.
AMENDMENT No. ONE (1)
RECITALS
A. County and Subrecipient may contract for services and enter into agreements with one another for
joint or cooperative action pursuant to A.R.S. § I I-951 et seq.
B. Subrecipient is authorized by A.R.S. § 9-500.11 to expend public monies for and in connection with
economic development activities.
C. County is authorized by A.R.S. § § 11-254.04, 11-251 (5) and 11-251 (17), to spend public monies
to improve and enhance the economic welfare and health of the inhabitants of the County.
D. County applied for and received Community Development Block Grant ("CDBG") funds for Federal
Fiscal Year 2017-2018 in the amount of $21,589,081.00 from the U.S. Department of Dousing and
Urban Development ("HUD"), under Title I of the Housing and Community Development Act of
1974, as amended (Public Law 93-383).
B. Under solicitation number CDNC-10-1 9-16-CDBG-ESG ("the 2017-2018 Community Planning
Application"), County sought proposals for programs and activities that would qualify for CDBG
funding during FY 2017-2018.
F. Subrecipient submitted a satisfactory response to the 2017-2018 Community Planning Application.
00054750.DOCX/I Page 1 of 6
G. County has reviewed Subrecipient's performance utilizing the FY 2016-2017 CDBG f ands and
finds it satisfactory.
H. On June 6, 2017, the Pima County Board of Supervisors authorized inclusion of Subrecipient's proposal
for use of CDBG funds in the 2017-2018 Annual Action Plan that County submitted to HUD.
I. On June 6, 2017, the Pima County Board of Supervisors passed Resolution No. 2017-38 approving an
allocation of CDBG funds to Subrecipient.
J. The 2017-2018 Annual Action Plan County submitted to HUD to obtain the FY 2017-2018 CDBG
funds, included Subrecipients proposal.
K. CDBG funds in the amount of$60,000.00 have been allocated to Subrecipient for FY 2017-2018.
Now THEREFORE, County and Subrecipient, pursuant to the above, and in consideration of the
matters and things hereinafter set forth, do mutually agree as follows:
1.0 SECTION 1.0 -- TERM AND EXTENSIONS, Paragraph 1.1 is amended as follows:
1.1 The termination date is changed:
FROM: September 30, 2017
TO: September 30, 2018
1.2 The last sentence is deleted in its entirety and replaced with the following:
This Agreement may not be renewed.
2.0 SECTION 4.0 -- COMPENSATION AND PAYMENT, is amended as follows:
2.1 Paragraph 4.1 is amended as follows:
2.1.1 The Maximum Allocated Amount is increased:
FROM: $ 94,80o.00
TO: $154,800.00
2.1.2 The following allocation table is added:
Contract between�- UD and.. �ximu�m.Aliocatec N ax num. Allocate. ...
Pim Cdun!Y-
B-16-UC-04-0502
Amo nt.FY 20.16 2017 Amount FY 2017.20.18
$94,800.00 -0-
B-17-UC-04-0502 -0- $60,000.00
2.2 Paragraph 4.4 is amended to add:
Pursuant to the agreement between IUD and County (Pima County Contract No. B-17-UC-04-
0502) and the Pima County Board of Supervisor's approval of this allocation of CDBG funds
to Subrecipient on June 6,2017, Subrecipient may be reimbursed for eligible costs associated
with FY 2017-2018 activities under this Agreement from and after October 1, 2017.
Notwithstanding the limitations above, Subrecipient may be reimbursed for administrative
costs incurred for performance under this Agreement beginning on July 1,2017.
2.3 Paragraph 4.6.4.4 is deleted and replaced with the following:
If reimbursement is authorized for personnel costs, time sheets or other records that specify
the hours worked on the grant(s) and the total hours worked in the pay period. Time sheets
must show the days and hours worked and must be signed by the employee and the
00054750.DOCX Il Page 2 of 6
employee's immediate supervisor with direct knowledge of employee's efforts for this
Agreement.
3.0 SECTION 8.0 -- COMPLIANCE WITH LAWS, is deleted in its entirety and replaced with the
following:
8.1. Compliance with Laws; Changes. Subrecipient will comply with all federal, state, and local
laws, rules, regulations, standards and Executive orders, without limitation to those designated
within this Agreement. Any changes in the governing laws, rules, and regulations during the
terms of this Agreement will apply, but do not require an amendment.
8.2. Lice nsin . Subrecipient warrants that it is appropriately licensed to provide the services under
this Agreement and that its subcontractors will be appropriately licensed.
8.3. Choice of Law; venue. The laws and regulations of the State of Arizona will govern the rights
of the parties, the performance of this Agreement, and any disputes hereunder. Any action
relating to this Agreement must be brought in a court of the State of Arizona in Pinta County.
8.4. Corny liance with 24 CFR 570. Subrecipient will comply with the requirements of 24 CFR
570, including subpart K of these regulations, except the Subrecipient does not assume:
8.4.1. County's environmental responsibilities described in 24 CFR 570.604; and
8.4.2. County's responsibility for initiating the review process under the provisions of 24 CFR
Part 52.
8.5. Use of CDBG Funds. Subrecipient warrants that CDBG funds provided or personnel
employed in the administration of the program funded under this Agreement will not be used
for:
8.5.1. Political activities;
8.5.2. Inherently religious activities;
8.5.3. Lobbying,
8.5.4. Political patronage, or
8.5.5. Nepotism activities.
8.6. Compliance with Federal Law Rules and Regulations. Subrecipient will comply with the
applicable provisions of:
8.6.1. Davis-Bacon Act(Public Law 107217), as amended;
8.6.2. Contract work Hours and Safety Standards Act (40 USC 327 et seq.);
8.6.3. Copeland Anti-Dick Back Act (18 USC 874 et seq.);
8.6.4. Section 3 of the HUD Act of 1968 as amended; and
8.6.5. All rules and regulations applicable to the Acts set forth above.
8.7. Cooperation. Subrecipient will fully cooperate with County, HUD and any other federal
agency in the review and determination of compliance with the above provisions.
4.0 SECTION 26.0---PUBLIC INFORMATION, is deleted in its entirety and replaced with the
following:
26.4 Public Records
26.1 Disclosure. Pursuant to Arizona Public Records law, A.R.S. § 39-121 et seq., and
A.R.S. § 34-603(H) in the case of construction or architectural and engineering
00054750.DOCX I1 Page 3 of 6
services procured under A.R. S. § Title 34, Chapter 6, all documents submitted in
response to the solicitation resulting in an award of this Agreement, including, but not
limited to pricing schedules, product specifications, work plans, and any supporting
documents, are public records. As such, those documents are subject to release and/or
review by the general public upon request, including competitors.
26.2 Records Marked Confidential• Notice and Protective Order.
26.2.1 If Subrecipient reasonably believes that some of the records described in
paragraph 26.1 above contain proprietary, trade-secret or otherwise-
confidential information, Subrecipient must prominently mark those records
"CONFIDENTIAL."
26.2.2 In the event that a public records request is submitted to County for records
marked "CONFIDENTIAL," County will notify Subrecipient of the request
as soon as reasonably possible.
26.2.3 County will release the records ten(10) business days after the date of notice
provided pursuant to paragraph 26.2.2, unless Subrecipient has, within that
period, secured an appropriate order from a court of competent j urisdiction,
enjoining the release of the records.
26.2.4 County will not, under any circumstances, be responsible for securing such an
order, nor will County be in any way financially responsible for any costs
associated with securing such an order.
5.0 SECTION 28.0--LEGAL ARIZONA WORKERS ACT COMPLIANCE, is deleted in its
entirety and replaced with the following:
28.1 Compliance with Immigration Laws. Subrecipient hereby warrants that it will at all times
during the term of this Agreement comply with all federal immigration laws applicable to
Subrecipient's employment of its employees, and with the requirements of A.R.S. § 23-214
(A) (together the "State and Federal Immigration Laws"). Subrecipient will further ensure that
each subcontractor who performs any work for Subrecipient under this Agreement likewise
complies with the State and Federal Immigration Laws.
28.2 Books and Records. County has the right at any time to inspect the books and records of
Subrecipient and any subcontractor in order to verify such party's compliance with the State
and Federal Immigration Laws.
28.3 Remedies for Breach of warrant . Any breach of Subrecipient's or any subcontractor's
warranty of compliance with the State and Federal Immigration Laws, or of any other
provision of this Section 28.0 is a material breach of this Agreement subjecting Subrecipient to
penalties up to and including suspension or termination of this Agreement. If the breach is by
a subcontractor, and the subcontract is suspended or terminated as a result, Subrecipient will
be required to take such steps as may be necessary to either self-perform the services that
would have been provided under the subcontract or retain a replacement subcontractor, as soon
as possible so as not to delay project completion. Any additional costs attributable directly or
indirectly to such remedial action are the responsibility of Subrecipient.
28.4 Subcontractors. Subrecipient will advise each subcontractor of County's rights, and the
subcontractor's obligations, under this Section 28.0 by including a provision in each
subcontract substantially in the following form:
DDD54750.DOCX/1 Page 4 of 6
"Subcontractor hereby warrants that it will at all times during the term of this
contract comply with all federal immigration laws applicable to Subcontractor's
employees, and with the requirements of A.R.S. §23-214 (A). Subcontractor
further agrees that County may inspect the Subcontractor's boobs and records to
insure that Subcontractor is in compliance with these requirements. .any breach
of this paragraph by Subcontractor will be deemed to be a material breach of
this contract subjecting Subcontractor to penalties up to and including
suspension
ncluding-
suspension or termination of this contract. "
6.0 EXHIBIT A—SCOPE OF WORK Except as set forth with specificity below, the provisions of
Exhibit A remain in full force and effect:
6.1 Section 2—Program Purpose: In FY 2017-2018, Subrecipient will provide the eligible CDBG
activities listed in paragraphs 2.1, 2.3 and 2.4.
6.2 Section 3 —Program Activities: In FY 2017-2018, Subrecipient will provide the CDBG activities
set forth in paragraphs 3.1, 3.3, and 3.4.
6.3 Section 6—Metrics available to measure performance: The metrics set forth in paragraphs 6.2
and 6.3 will apply for HY 2017-2018.
6.4 Section 8 -- Budget is deleted in its entirety and replaced with the following:
8.1 Budget:
.. ......
9.
ky 0 ?
Administration $14,800.00 $13100
Colonia Neighborhood R.e-Investment Program $255000.00 -0-
Emergency Rome Repair $20,000.00 $18,500.00
Owner-Occupied Housing $2500.00 $18,500.00
Colonia-Neighborhood Cleanup $10,000.00 $10,000.00
Total $949800.00 $609000.00
8.2 Funds allocated for FY 2016-2017, but not expended, will not be available for services during FY
2017-2018.
REMAINDER.OF PAGE INTENTIONALLY LEFT BLANK
00054750.DOCX Il Page 5 of 6
7.0 EXHIBIT B—MONTHLY FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS,
is deleted in its entirety. Pima County will provide Subrecipient with a form similar to that attached
hereto as Exhibit B-1 upon execution of this Amendment.
All other provisions of this Agreement, not specifically changed by this amendment, will remain in effect
and be binding upon the parties.
PINTA COUNTY SUBRECIPIENT
Chair, Board of Supervisors Signature
Date:
Printed name and title
ATTEST:
Date:
Clerk of the Board
Date.-
APPROVED
ate:APPROVED AS TO CONTENT:
Director, Community Development
and Neighborhood Conservation
APPROVED AS TO FORM:
Daren S. Friar, Deputy County Attorney
00054750.DOCX II Page 6 of 6
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