HomeMy WebLinkAboutResolution 2020-014 Approving the 2019-2020 CDBG Block GrantMARANA RESOLUTION NO. 2020-014
RELATING TO COMMMUNITY AND NEIGHBORHOOD SERVICES; APPROVING
AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE
MANAGEMENT AND IMPLEMENTATION OF THE 2019-2020 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS the Town of Marana recognizes the need to provide safe affordable
housing and neighborhood infrastructure for its citizens and has applied for Communi-
ty Development Block Grant (CDBG) funding for these purposes; and
WHEREAS on October 16, 2018 Council approved Resolution 2018-099 authoriz-
ing an intergovernmental agreement between Pima County and the Town of Marana
for the management and implementation of the 2018-2019 CDBG program; and
WHEREAS Pima County has been awarded funding from the U.S. Department
for Housing and Urban Development under the CDBG program for the 2019-2020 fed-
eral fiscal year; and
WHEREAS the Town of Marana has been selected as a sub -grantee through Pima
County'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. X11-952 et seq.; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best
interests of its citizens to approve this intergovernmental agreement between Pima
County and the Town of Marana for management and implementation of the 2019-2020
Community Development Block Grant Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The intergovernmental agreement between Pima County and the
Town of Marana, in the form attached to and incorporated by this reference in this reso-
lution as Exhibit A, is hereby approved, and the Mayor is hereby authorized and di-
rected to execute it for and on behalf of the Town of Marana.
00068308.1)OCX /1
Marana Resolution No. 2020-014 - I -
SECTION 2. The Town's Manager and staff are hereby directed and authorized
to undertake all other and further tasks required or beneficial to carry out the terms, ob-
ligations, and objectives of the intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 18th day of February, 2020.
ATTE
Cherry L. rpson, Yown Clerk
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Mayor Ed Honea
APPROVED AS TO FO
00068308.DOCX /I
Marana Resolution No. 2020-014 - 2 -
Town Attorney
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Pima County Community Development and Neighborhood Conservation Department
Program: Management and Implementation of the Community Development Block Grant (CDBG)
Program
Contractor: Town of Marana
11555 West Civic Center Drive
Marana, Arizona 85653
Amount: $60,000.00
Contract No.: CT-CD-20-215
Funding: U.S. Department of Housing and Urban Development
Contract Term: October 1, 2019 through September 30, 2020
DUNS No.: 098034143
Research or Development: Yes No
Federal Contract No.: B-19-UC-04-0502
Required Match: Yes No Match Amount:
Indirect Cost Rate: Federal NICR de minimis None
Status of Contractor: Subrecipient Contractor
CFDA Program Description Nation Funding Pima County Award
14.218 Community Development Block Grant -
Entitlement Communities (CDBG) FY19 $3,365,000,000.00 FY19 $2,945,544.00
GRANT FUNDING AGREEMENT
1.0 PARTIES, BACKGROUND AND PURPOSE
1.1 This Intergovernmental Agreement is entered into by and between Pima County (“County”), a body
politic and corporate of the State of Arizona and the Town of Marana (“Subrecipient”), a municipal
corporation in the State of Arizona.
1.2 Authority.
1.2.1 County and Subrecipient may contract for services and enter into agreements with one
another for joint or cooperative action pursuant to A.R.S. § 11-951 et seq.
1.2.2 Subrecipient is authorized by A.R.S. § 9-500.11 to expend public monies for and in
connection with economic development activities.
1.2.3 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.
1.2.4 County applied for and received Community Development Block Grant (“CDBG”) funds in
the amount of $2,945,544.00 in from the U.S. Department of Housing and Urban
Development (“HUD”), under Title I of the Housing and Community Development Act of
1974, as amended (Public Law 93-383).
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1.3 Solicitation and Response.
1.3.1 Under solicitation number CDNC-10-15-18-CDBG-ESG (“the 2019-2020 Community
Planning Application”), County sought proposals for programs and activities that would
qualify for CDBG funding during Federal Fiscal Year (“FY”) 2019-2020.
1.3.2 Subrecipient submitted response to the 2019-2020 Community Planning Application.
1.3.3 County has determined that the services or activities proposed in Subrecipient’s response to
the Community Planning Application are eligible for CDBG funding and in the best interests
of the residents of Pima County.
1.4 Background and Purpose. On May 7, 2019 the Pima County Board of Supervisors:
1.4.1 Authorized inclusion of Subrecipient’s proposal for use of CDBG funds in the 2019-2020
Annual Action Plan that County submitted to HUD to obtain the FY 2019-2020 CDBG funds.
1.4.2 Passed Resolution No. 2019-31 approving the allocation of $60,000.00 of FY 2019-2020
CDBG funds to Subrecipient.
1.4.3 HUD did not approve the final funding for this Agreement until recently, but has approved
expenditures of the CDBG funds beginning in 2019.
2.0 TERM, EXTENSIONS AND AMENDMENTS
2.1 Original Term. This Agreement will commence on October 1, 2019 and will terminate on
September 30, 2020 (the “Initial Term”). “Term,” when used in this Agreement, means the Initial
Term plus any exercised Extension Options.
2.2 Extension Options. County may renew this Agreement for up to a total of five (5) years to coincide
with the term of the County’s Consolidated Plan submitted to HUD (an “Extension Option”). An
Extension Option will be effective only upon execution by the Parties of a formal written
amendment.
2.3 The terms of this Agreement may be modified, amended, altered or extended only by a written
amendment signed by the parties. Any amendment to the Agreement must be approved by the
County before any services under the amendment commences.
2.4 Minor modifications may be made by written memorandum approved and signed by the Director of
the Pima County Community Development and Neighborhood Conservation Department or
designee. Minor modifications are changes in the scope, which do not change the specified purpose,
outcomes or the total compensation provided through this Agreement and do not in any way
increase the direct or indirect liability of the County under this Agreement.
2.5 Notwithstanding paragraph 2.1 and 2.2 above, the terms of this Agreement will survive and remain
in effect during any period that Subrecipient has control over CDBG funds, including program
income.
3.0 SCOPE OF SERVICES
3.1 Subrecipient will:
3.1.1 Provide the County with the services described in the attached Exhibit A.
3.1.2 Employ suitably trained and skilled personnel to perform all services under this Agreement.
3.1.3 Perform its duties in a humane and respectful manner and in accordance with any applicable
professional standards.
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3.1.4 Unless otherwise provided for herein, the personnel delivering services pursuant to this
Agreement will:
3.1.4.1 Be employees or volunteers of the Subrecipient;
3.1.4.2 Satisfy any qualifications set forth in this Agreement; and
3.1.4.3 Be covered by personnel policies and practices of Subrecipient.
3.1.5 Obtain and maintain all required licenses, permits and authority required for performance
under this Agreement
3.1.6 Maintain an accounting manual that describes its financial procedures in sufficient detail to
ensure that its financial practices are easily understood.
3.1.7 Undertake the same obligations to the County, as County does to HUD pursuant to the 2019-
2020 Annual Action Plan and assurances. Subrecipient will hold County harmless against
any injury that County may suffer with respect to HUD on account of any failure on the part
of Subrecipient to fulfill obligations to HUD.
3.2 Subrecipient certifies that no individual or agent has been employed or retained to solicit or secure
this Agreement for commission, percentage, brokerage or contingent fee except a bona fide
employee whose job duties include securing business.
3.3 No program funded under this Agreement may impair existing contracts for services or collective
bargaining agreements or be inconsistent with the terms of a collective bargaining agreement without
the written concurrence of the labor organization and employer concerned.
4.0 MONITORING AND EVALUATION
4.1 County will monitor all activities and information sources in the management, fiscal, and services
systems of Subrecipient and any subcontracted parties relating to performance of duties and
obligations under this Agreement to ensure that Subrecipient is:
4.1.1 Making adequate and acceptable progress in the provision of services;
4.1.2 Maintaining adequate and acceptable systems to document services and expenditures; and
4.1.3 Using the funds provided pursuant to this Agreement effectively and efficiently to
accomplish the purposes for which funds were made available.
4.2 Subrecipient must cooperate in the monitoring and evaluation process by County and/or HUD.
4.3 Subrecipient must assist County in providing reports and documentation to HUD related to Subrecipient’s
performance and, where applicable, the impact of the CDBG-funded activities on the community.
4.4 If monitoring and evaluation finds that Subrecipient’s performance is substandard, Subrecipient will
be in default of this Agreement. If Subrecipient fails to take appropriate actions to correct the default
within fifteen (15) calendar days from date of notice, this Agreement may be suspended or terminated.
4.5 To the greatest extent permissible by law, County, and any authorized federal, state or local agency,
including, but not limited to, the HUD and the Comptroller of the United States, will at all reasonable
times have the right of access to Subrecipient's facility, books, documents, papers, or other records
which are pertinent to this Agreement, in order to make audits, examinations, excerpts and transcripts
for the purpose of evaluating Subrecipient's performance and Subrecipient's compliance with this
Agreement.
5.0 COMPENSATION AND PAYMENT
5.1 In consideration for services specified in Exhibit A of this Agreement, County agrees to pay
Subrecipient up to $60,000.00 (“the Maximum Allocated Amount”).
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5.2 Payment will be made from CDBG Grant(s) County has been awarded from HUD (“the awarding
agency”) as follows:
CDBG Grant Year Contract Year Maximum Allocated Amount
FY 2019-2020 2019-2020 $60,000.00
TOTAL $60,000.00
5.3 Payment of the full Maximum Allocated Amount is subject to the CDBG funds being made
available to County for this Agreement. The Maximum Allocated Amount may be decreased at any
time due to reduction, termination, or any other changes in funding. Unless specifically authorized
by County, unexpended funds will not be carried over into another fiscal year.
5.4 Pursuant to the agreement between HUD and County (Pima County Contract No. B-19-UC-04-
0502) and the Pima County Board of Supervisors’ approval of this allocation of CDBG funds to
Subrecipient on May 7, 2019, Subrecipient may be reimbursed costs associated with this
Agreement as follows:
5.4.1 For eligible activities from and after October 1, 2019; and
5.4.2 For administrative costs incurred from and after July 1, 2019.
5.5 Subrecipient must submit a request for reimbursement every month, even if no funds are being
requested for the prior month. Requests for reimbursement are due as follows:
Agreement Month Due date for Request for Reimbursement
January through April & July through December 30 calendar days from end of month
May June 15
June July 7
5.6 Each monthly request for reimbursement must:
5.6.1 Reference this Agreement number.
5.6.2 Be approved and signed by both the person (s) that prepared the request and an authorized
manager, supervisor or executive of the Subrecipient to insure proper internal financial
controls.
5.6.3 Be for services and costs as identified in Exhibit A.
5.6.4 Include the amount of:
5.6.4.1 CDBG accrued expenditures, if any;
5.6.4.2 Program income, as defined by the awarding agency; and
5.6.4.3 All other fiscal resources applied to expenses incurred in providing services under
this Agreement.
5.6.5 Be accompanied by documentation which must include, but is not limited to:
5.6.5.1 A summary report of monthly expenditures by expense categories as shown in
approved budget in Exhibit A of this Agreement.
5.6.5.2 Copies of invoices and checks (front and back) to support all purchases of goods or
services.
5.6.5.3 If reimbursement is authorized for travel, detailed travel reports to support all travel
expenses.
5.6.5.4 Any other documentation requested by County.
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5.6.6 Be accompanied by a hardcopy, with original signatures, of the Financial Status Report and
Request for Funds. County will provide Subrecipient with a form similar to that attached
hereto as Exhibit B upon execution of this Agreement.
5.6.7 If reimbursement is authorized for personnel costs, the monthly request for reimbursement
must include, the following documentation for each pay period:
5.6.7.1 Time sheets or other records, signed by the employee and the employee's
immediate supervisor with direct knowledge of employee's efforts for this
Agreement, that specify the days, hours per day and total hours worked on the
grant; and
5.6.7.2 Accounting system report(s) specifying rate of pay and costs of employer paid
benefits.
5.7 If Subrecipient is required to provide matching funds under the terms of the awarding agency,
Subrecipient must also provide the documentation described in paragraph 5.6 for the matching funds.
5.8 Subrecipient must utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available. Subrecipient may not bill the County for costs which are paid
by another source. Subrecipient must notify County within ten (10) days of receipt of alternative
funding for costs which would otherwise be subject to payment pursuant to this Agreement.
5.9 If each request for payment includes adequate and accurate documentation, County will generally
pay Subrecipient within thirty (30) days from the date invoice is received. Subrecipient should
budget cash needs accordingly.
5.10 County may, at its sole discretion:
5.10.1 Determine the acceptability and progress of work performed and determine the resulting
entitlement to payment of each request for reimbursement.
5.10.2 Liquidate funds available under this Agreement for costs incurred by County on behalf of
Subrecipient.
5.10.3 Deny full payment for requests for reimbursement that are submitted to County after the
date set forth in paragraph 5.5. County may deduct its processing costs or delay-related
damages in connection with a request for payment submitted after that date.
5.10.4 Deny payment for any request for reimbursement received after the following dates:
Month Expense Incurred Denial date
January through March
July and August
October through December
More than 60 days after the end of the
month in which the expense was incurred
April and May June 21
June July 15
September October 31
If payment is made on such a delinquent request, County will deduct its processing costs
or delay-related damages.
5.11 Pursuant to A.R.S. § 11-622, County will deny reimbursement completely for requests for
payment made later than six months after the last item of the account accrues.
5.12 REQUEST FOR FINAL PAYMENT for compensation earned and/or eligible costs incurred must
be submitted to the County within 15 working days after the end of the Agreement term. The
request must meet the requirements set forth in paragraph 5.6 and include a report summarizing
Subrecipient’s performance during the term of the Agreement.
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5.13 No payments will be made to Subrecipient, until all of the following conditions are met:
5.13.1 Subrecipient has completed and submitted a W-9 Taxpayer Identification Number form;
5.13.2 Subrecipient has registered as a Pima County Vendor at the following web address --
https://secure.pima.gov/procurement/vramp/login.aspx);
5.13.3 This Agreement is fully executed; and
5.13.4 Adequate and accurate documentation is provided with each request for payment or invoice.
5.14 Changes between budget line items. Changes between budget line items of no more than 15% may
be granted by and at the sole discretion of the Director of Community Development and
Neighborhood Conservation (“CDNC”) or designee. The following provisions apply:
5.14.1 The change may not increase or decrease the maximum allocated amount.
5.14.2 Subrecipient must submit a written request for the line item change on or before May 15 of
the contract year. The written request must contain a detailed explanation of:
5.14.2.1 The reason the change is necessary; and
5.14.2.2 How the specified purpose, program(s), metrics, or outcomes set forth in this
Agreement will continue to be met, despite the requested change.
5.14.3 The change must be for future expenditures that are not part of the current existing and
approved budget(s). The change may not be to cover unbudgeted expenditures incurred by
Subrecipient prior to the approval of the written request for a budget line item change.
5.14.4 If the Director of CNDC or designee approves the request for the budget line item change,
the change will not be effective, nor will compensation under the change be provided,
until the date set forth in the written approval.
5.15 Any change that increases or decreases the maximum allocate amount or that changes the Scope of
Work in any way will require a contract amendment. Such change will not be effective, nor will
compensation under the change be provided, until the contract amendment is fully executed
by both parties.
5.16 Goods and services provided in excess of the budgeted line item or the maximum allocated amount
without prior authorization as set forth in paragraphs 5.14 and 5.15 above will be at Subrecipient’s
own risk.
5.17 Disallowed Charges or Cost principles.
5.17.1 Pursuant to 2 CFR §2400.101, unless excepted under 24 CFR chapters I through IX, the cost
principles set forth in 2 CFR part 200, Subpart E, as may be modified by amendments and
additions, will be used to determine whether an incurred cost will be reimbursed under this
Agreement.
5.17.2 Subrecipient must reimburse County for improper, unallowable or unsubstantiated costs
discovered as a result of audit or otherwise within thirty (30) days following demand for
reimbursement by County.
5.18 For the period of record retention required under Section 21.0 -- Books and Records, County reserves
the right to question any payment made under this Section 5.0 and to require reimbursement by setoff
or otherwise for payments determined to be improper or contrary to the Agreement or law.
6.0 PROGRAM INCOME
6.1 County does not anticipate that program income, as defined by the awarding agency, will be
generated under the activities of this Agreement.
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6.2 In the event that activities under this Agreement do generate program income or program income is
authorized, Subrecipient must:
6.2.1 Report to County all program income, as defined at 24 CFR § 570.500(a), generated and
received as a result of activities carried out with the CDBG-funds provided pursuant to this
Agreement. These reports are due quarterly.
6.2.2 Return program income to County within 15 days of the end of each month, unless otherwise
specified in Exhibit A.
7.0 INSURANCE
7.1 Subrecipient and County will maintain commercial general liability – occurrence form, automobile
liability, and worker’s compensation and employer’s liability insurance, or be self-insured, in
amounts sufficient to cover any claims, whether or not due to negligence, which may arise in the
performance of the activities set forth in this IGA.
7.2 For purposes of Workers’ Compensation, an employee of a party to this Agreement who works
under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another
party pursuant to this specific Agreement, is deemed an employee of both parties, as provided in
A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable for payment of
Workers’ Compensation benefits for the purposes of this paragraph. Each party shall comply with
the notice provisions of A.R.S. § 23-1022(E).
8.0 INDEMNIFICATION
8.1 Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as
Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including
reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) arising out of bodily injury
of any person (including death) or property damage, but only to the extent that such claims which result
in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor, its officers, agents, employees, or volunteers.
8.2 Subrecipient warrants that services provided under this Agreement are non-infringing. Subrecipient
will indemnify, defend and hold County harmless from any claim of infringement arising from
services provided under this Agreement or from the provision, license, transfer or use for their
intended purpose of any products provided under this Agreement
9.0 COMPLIANCE WITH LAWS
9.1 Compliance with Laws; Changes. Subrecipient will comply with all applicable 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.
9.2 Licensing. Subrecipient warrants that it is appropriately licensed to provide the services under this
Agreement and that its subcontractors will be appropriately licensed.
9.3 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 Pima County.
9.4 Compliance 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:
9.4.1 County’s environmental responsibilities described in 24 CFR 570.604; and
9.4.2 County’s responsibility for initiating the review process under the provisions of 24 CFR Part 52.
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9.5 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:
9.5.1 Political activities;
9.5.2 Inherently religious activities;
9.5.3 Lobbying to influence the outcome of any election or the award of any federal contract,
grant, loan or cooperative agreement (see Federal Standard Form LLL, “Disclosure of
Lobbying Activities);;
9.5.4 Political patronage; or
9.5.5 Nepotism activities.
9.6 Compliance with Federal Law, Rules and Regulations. Subrecipient will comply with the
applicable provisions of:
9.6.1 Davis-Bacon Act (Public Law 107-217), as amended;
9.6.2 Contract Work Hours and Safety Standards Act (40 USC 327 et seq.);
9.6.3 Copeland Anti-Kick Back Act (18 USC 874 et seq.);
9.6.4 Section 3 of the HUD Act of 1968 as amended; and
9.6.5 All rules and regulations applicable to the Acts set forth above.
9.7 Cooperation. Subrecipient will fully cooperate with County, HUD and any other federal agency in
the review and determination of compliance with the above provisions.
10.0 INDEPENDENT CONTRACTOR
10.1 Subrecipient is an independent contractor. Neither Subrecipient nor any of Subrecipient’s officers,
agents, or employees will be considered an employee of Pima County or be entitled to receive any
employment-related benefits, or assert any protections, under the Pima County Merit System.
10.2 Subrecipient is responsible for paying all federal, state and local taxes on the compensation by
Subrecipient under this Agreement and will indemnify and hold County harmless from any and all
liability which County may incur because of Subrecipient’s failure to pay such taxes.
10.3 Subrecipient will be solely responsible for its program development, operation, and performance.
11.0 SUBCONTRACTOR
11.1 Except as provided in paragraph 11.2, Subrecipient will not enter into any subcontracts for any
services to be performed under this Agreement without County’s prior written approval of the
subcontract. Subrecipient must follow all applicable Federal, State, and County rules and
regulations for obtaining subcontractor services.
11.2 Prior written approval is not required for the purchase of supplies that are necessary and incidental
to Subrecipient’s performance under this Agreement.
11.3 Subrecipient will be fully responsible for all acts and omissions of any subcontractor and of persons
directly or indirectly employed by any subcontractor and of persons for whose acts, any of them, may
be liable to the same extent that the Subrecipient is responsible for the acts and omissions of persons
directly employed by it. Nothing in this Agreement will create any obligation on the part of County to
pay or see to the payment of any money due any subcontractor, except as may be required by law.
11.4 Subrecipient must include the provision set forth in paragraph 4.5 in all contracts between
Subrecipient and its subcontractors providing goods or services pursuant to this Agreement.
Subrecipient will be responsible for subcontractors' compliance with that provision and for any
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disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors
with the provision.
12.0 ASSIGNMENT
Subrecipient cannot assign its rights or obligations under this Agreement, in whole or in part, without
County’s prior written approval. County may withhold approval at its sole discretion.
13.0 NON-DISCRIMINATION
13.1 Subrecipient will comply with all provisions and requirements of Arizona Executive Order 2009-09,
which is hereby incorporated into this Agreement, including flow down of all provisions and
requirements to any subcontractors.
13.2 During the performance of this Agreement, Subrecipient will not discriminate against any
employee, client or any other individual in any way because of that person’s age, race, creed, color,
religion, sex, disability or national origin.
13.3 Unless exempt under federal law, Subrecipient will comply with:
13.3.1 Titles VI and VII of the Civil Rights Act of 1964 as amended;
13.3.2 The Age Discrimination in Employment Act;
13.3.3 Section 504 of the Rehabilitation Act of 1973, as amended; and
13.3.4 The requirements of the Fair Labor Standards Act of 1938, as amended.
14.0 AMERICANS WITH DISABILITIES ACT
Subrecipient will 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. If Subrecipient is carrying out a government program or services on behalf of
County, then Subrecipient will maintain accessibility to the program to the same extent and degree that
would be required by the County under 28 CFR Sections 35.130, 35.133, 35.149 through 35.151, 35.160,
35.161 and 35.163. Failure to do so could result in the termination of this Agreement.
15.0 AUTHORITY TO CONTRACT
Subrecipient warrants its right and power to enter into this Agreement. If any court or administrative
agency determines that County does not have authority to enter into this Agreement, County will not be
liable to Subrecipient or any third party by reason of such determination or by reason of this Agreement.
16.0 FULL AND COMPLETE PERFORMANCE
The failure of either party to insist on one or more instances upon the full and complete performance of
any of the terms or conditions of this Agreement to be performed on the part of the other, or to take any
action permitted as a result thereof, will 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 will not be construed as an accord and satisfaction.
17.0 CANCELLATION FOR CONFLICT OF INTEREST
17.1 This Agreement is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the
pertinent provisions of which are incorporated into this Agreement by reference.
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17.2 Subrecipient agrees to comply with all applicable conflict of interest provisions contained in Federal
laws and regulations that govern the awarding agency including 24 CFR §§ 84.42 and 570.611.
18.0 TERMINATION AND SUSPENSION
18.1 Without Cause: County may terminate this Agreement at any time, without cause, by serving a
written notice upon Subrecipient at lease thirty (30) days before the effective date of the termination.
In the event of such termination, the County's only obligation to Subrecipient will be payment for
services rendered prior to the date of termination.
18.2 With Cause: Except as set forth in paragraph 4.4, County may terminate this Agreement at any time
without advance notice and without further obligation to County finds Subrecipient to be in default
of any provision of this Agreement.
18.3 Insufficient Funds: Notwithstanding Paragraphs 18.1 and 18.2 above, if any state or federal grant
monies used to pay for performance under this Agreement are reduced or withdrawn, County will
have the right to either reduce the services to be provided and the total dollar amount payable under
this Agreement or terminate the Agreement. To the extent possible, County will endeavor to provide
fifteen (15) days written notice of such reduction or termination. In the event of a reduction in the
amount payable, County will not be liable to Subrecipient for more than the reduced amount. In the
event of a termination under this paragraph, County’s only obligation to Subrecipient will be payment
for services rendered prior to the date of termination to the extent that grant funds are available.
18.4 Non-Appropriation: Notwithstanding any other provision in this Agreement, County may terminate
this Agreement if for any reason, there are not sufficient appropriated and available monies for the
purpose of maintaining County or other public entity obligations under this Agreement. In the event
of such termination, County will have no further obligation to Subrecipient, other than for services
rendered prior to termination.
18.5 Suspension: County reserves the right to suspend Subrecipient’s performance and payments under
this Agreement immediately upon notice delivered to Subrecipient’s designated agent in order to
investigate Subrecipient’s activities and compliance with this Agreement. In the event of an
investigation by County, Subrecipient will cooperate fully and provide all requested information and
documentation. At the conclusion of the investigation, or within forty-five (45) days, whichever is
sooner, Subrecipient will be notified in writing that the Agreement will be immediately terminated
or that performance may be resumed.
19.0 NOTICE
19.1 Subrecipient must give written notice of any change of corporate or entity status as promptly as
possible and, in any event, within fifteen (15) days after the change is effective. A change in corporate
or entity status includes, but is not limited to, change from unincorporated to incorporated status and
vice versa and any suspension or termination of corporate status based on failure to comply with all
applicable federal, state, and local reporting requirements.
19.2 Any notice required or permitted to be given under this Agreement must be in writing and must be
served by delivery or by certified mail upon the other party as follows:
County: Subrecipient:
Daniel Tylutki, Interim Director
Pima County Community Development &
Neighborhood Conservation
2797 East Ajo Way
Tucson, Arizona 85713
Jamsheed Mehta, Town Manager
Town of Marana
11555 West Civic Center Drive
Marana, Arizona 85653
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20.0 OTHER DOCUMENTS
20.1 In entering into this Agreement, Subrecipient and County have relied upon information provided in
Subrecipient’s proposal submitted in response the 2019-2020 Community Planning Application
including the Instructions to Bidders, Standard Terms and Conditions, Specific Terms and
Conditions, Solicitation Addenda, Subrecipient’s Proposal, other information and documents
submitted by the Subrecipient in its’ response to said Solicitation.
20.2 The documents set forth in Paragraph 20.1 are hereby incorporated into and made a part of this
Agreement as if set forth in full herein, to the extent not inconsistent with the provisions of this
Agreement, including all exhibits. Subrecipient will promptly bring any provisions which
Subrecipient believes are inconsistent to County’s attention, and County will provide Subrecipient
with its interpretation of the provisions in question. In the event of an irreconcilable inconsistency,
the provisions of the awarding agency documents will govern over the conditions of this Agreement,
unless otherwise required by law.
21.0 BOOKS AND RECORDS
21.1 Subrecipient will keep and maintain all records specified in 24 CFR 570.506 which are pertinent to
the activities funded under this Agreement. All such records will be open for inspection and audit
by duly authorized representatives of County during normal business hours. Records include, but
are not limited to:
21.1.1 A full description of each action or activity taken to comply with this Agreement;
21.1.2 Demonstration that the actions and activities meet one or more of the National Objectives of
the CDBG program;
21.1.3 Eligibility documentation and determination;
21.1.4 Documentation of compliance with the fair housing and equal opportunity components of the
CDBG program;
21.1.5 Disbursements of funds;
21.1.6 Financial records required under 24 CFR § 570.502 and 24 CFR §§ 84.21 – 28; and
21.1.7 Documentation of compliance with Subpart K of 24 CFR Part 570.
21.2 Subrecipient must retain all records pertaining to this Agreement for four (4) years after County
submits the annual performance and evaluation report to HUD in which the CDBG-funded activities
under this Agreement are reported on for the final time or until completion of any action and
resolution of all issues which arise from any related litigation, claim, negotiations, audit or other action
involving the records that was started before the expiration of the 4-year period, whichever is later.
22.0 AUDIT REQUIREMENTS
22.1 Subrecipient will:
22.1.1 Comply with the applicable provisions of the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards (2 CFR Parts 200 and 2400).
22.1.2 Establish and maintain a separate, identifiable accounting of all funds provided by
County under this Agreement. The accounting must record all expenditures which are used
to support invoices and requests for payment from the County.
22.1.3 Establish and maintain accounting records which identify the source and application of any
funds not provided under this Agreement used to support these Agreement activities.
105082 / 00759084 / v2 CT-CD-20-215 Page 12 of 14
22.1.4 Ensure that all accounting records meet the requirements of the Federal, State, County, and
generally accepted accounting principles laws and regulations.
22.1.5 Upon written notice from County, provide a program-specific or financial audit. Such notice
from County will specify the period to be covered by the audit, the type of audit and the
deadline for completion and submission of the audit.
22.1.6 Assure that any audit conducted pursuant to this Agreement is performed by a qualified,
independent accounting firm and submitted to County within six (6) months of completion of the
audit required pursuant to this Section 22.0, unless a different time is specified by County. The
audit submitted must include Subrecipient responses, if any, concerning any audit findings.
22.1.7 Pay all costs for any audit required or requested pursuant to this Section 22.0, unless the cost
is allowable for payment with the grant funds provided pursuant to this Agreement under the
appropriate federal or state grant law and the cost was specifically included in the
Subrecipient grant budget approved by County.
22.2 Subrecipient status:
22.2.1 If Subrecipient is a "nonprofit corporation" that meets the definition of “corporation” in
A.R.S. §10-3140, Subrecipient will comply with the applicable audit requirements set forth
in A.R.S. § 11-624, “Audit of Non-Profit Corporations Receiving County Monies.”
22.2.2 If Subrecipient meets or exceeds the single audit threshold set forth in 2 C.F.R. Part 200,
Subrecipient will comply with federal single audit requirements and, upon request from
County, provide County with a copy of the required audit document within ninety (90) days
following the end of Subrecipient’s fiscal year.
22.3 Subrecipient must timely submit the required or requested audit(s) to:
Dewey Cooper, Contract Specialist
Pima County Community Development and Neighborhood Conservation
2797 E. Ajo Way, 3rd Floor
Tucson, AZ 85713
23.0 COPYRIGHT
Neither Subrecipient nor its officers, agents or employees will copyright any materials or products
developed through contract services provided or contract expenditures made under this Agreement without
prior written approval by the County. Upon approval, the County will have a non-exclusive and irrevocable
license to reproduce, publish or otherwise use or authorize the use of any copyrighted material.
24.0 PROPERTY OF THE COUNTY
24.1 Subrecipient is not the agent of County for any purpose and will not purchase any materials,
equipment or supplies on the credit of County.
24.2 Any materials, including reports, computer programs and other deliverables, created under this
Agreement are the sole property of County. Subrecipient is not entitled to a patent or copyright on
those materials and may not transfer the patent or copyright to anyone else. Subrecipient will not
use or release these materials without the prior written consent of County.
25.0 DISPOSAL OF PROPERTY
Termination of this Agreement will not relieve any party from liabilities or costs already incurred under
this Agreement, nor affect any ownership of property pursuant to this Agreement.
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26.0 COORDINATION
On matters relating to the administration of this Agreement, County will be Subrecipient's contact with all
Federal, State and local agencies that provide funding for this Agreement.
27.0 PUBLIC RECORDS
27.1 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 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.
27.2 Records Marked Confidential; Notice and Protective Order.
27.2.1 If Subrecipient reasonably believes that some of the records described in paragraph 27.1
above contain proprietary, trade-secret or otherwise-confidential information, Subrecipient
must prominently mark those records “CONFIDENTIAL.”
27.2.2 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.
27.2.3 County will release the records ten (10) business days after the date of notice provided
pursuant to paragraph 27.2.2, unless Subrecipient has, within that period, secured an
appropriate order from an Arizona court of competent jurisdiction, enjoining the release of
the records.
27.2.4 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.
28.0 ELIGIBILITY FOR PUBLIC BENEFITS
Subrecipient will comply with applicable provisions of A.R.S. §§1-501 and 1-502 regarding public
benefits, which are hereby incorporated as provisions of this Agreement.
29.0 NO JOINT VENTURE
It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to,
create any partnership, joint venture or employment relationship between the parties or create any
employer-employee relationship between County and any Court employees, or between Court and any
County employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities
whatsoever of the other, including (without limitation) the other party's obligation to withhold Social
Security and income taxes for itself or any of its employees.
30.0 REMEDIES
Either party may pursue any remedies provided by law for the breach of this Agreement. No right or
remedy is intended to be exclusive of any other right or remedy and each will be cumulative and in
addition to any other right or remedy existing at law or at equity or by virtue of this Agreement.
31.0 SEVERABILITY
Each provision of this Agreement stands alone, and any provision of this Agreement found to be
prohibited by law will be ineffective to the extent of such prohibition without invalidating the remainder
of this Agreement.
105082 / 00759084 / v2 CT-CD-20-215 Page 14 of 14
32.0 NO THIRD PARTY BENEFICIARIES
Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third
parties not parties to this Agreement or affect the legal liability of either party to the Agreement by
imposing any standard of care with respect to the maintenance of public facilities different from the
standard of care imposed by law.
33.0 ENTIRE AGREEMENT
33.1 This document constitutes the entire agreement between the parties pertaining to the subject it
addresses and supersedes all prior or contemporaneous agreements and understandings, oral or
written.
33.2 No verbal agreements or conversations with any officer, agent or employee of County prior to or
after the execution of this Contract will affect or modify any of the terms or obligations contained in
any documents comprising this Contract. Any such verbal agreements are unofficial information
and in no way binding upon County.
IN WITNESS THEREOF, the parties have affixed their signatures to this Agreement on the date written
below.
THIS AGREEMENT MAY BE SIGNED IN COUNTERPARTS
PIMA COUNTY
_______________________________________
Chairman, Board of Supervisors
Date: _____________________
ATTEST:
_______________________________________
Clerk of the Board Date
APPROVED AS TO CONTENT:
_______________________________________
Interim Director, Community Development &
Neighborhood Conservation
TOWN OF MARANA
_______________________________________
Mayor, Town of Marana
Date: ____________________
ATTEST:
_______________________________________
Town Clerk Date
The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been
reviewed pursuant to A.R.S. §11-952 by the undersigned Deputy County Attorney and the Town of
Marana Attorney, who have determined that it is in proper form and is within the powers and authority
granted under the laws of the State of Arizona to those parties to the Agreement represented by Pima
County and the Town of Marana.
PIMA COUNTY
________________________________________
Karen S. Friar, Deputy County Attorney
TOWN OF MARANA
_____________________________________
Frank Cassidy, Town Attorney
105082 / 00759084 / v2 CT-CD-20-215 Page 1 of 4
EXHIBIT A
SCOPE OF WORK
1. Program Title:
Management and Implementation of the Town of Marana Community Development Block Grant
Program (“the CDBG Program”).
2. Program Purpose:
The Program will provide the following eligible CDBG activities for income-qualified persons and
households in Marana, Arizona:
2.1. Program Administration;
2.2. Colonia Neighborhood Cleanup, public service activities;
2.3. Emergency Home Repair and Owner-Occupied Housing Rehabilitation.
3. Program Activities:
3.1. Program Administration. Subrecipient will provide eligible, general CDBG program administration
functions and activities for the management and implementation of the CDBG program to the
extent allowed under 24 CFR 570.206.
3.2. Colonia Neighborhood Cleanup. Subrecipient will provide eligible, CDBG public service, crime
prevention and public safety activities as allowable per 24 CFR 570.201(e). Activities may include,
but are not limited to:
3.2.1. Select and identify neighborhoods where cleanup activities will take place. For each area
selected:
3.2.1.1. Reach out to community representatives and groups to identify specific community
cleanup needs;
3.2.1.2. Complete a thorough needs assessment for each suggested community cleanup
activity;
3.2.1.3. Organize and hold or attend established community meetings to organize and plan
Cleanups as appropriate;
3.2.1.4. Conduct activities; and
3.2.1.5. Provide addressing for homes as needed.
3.2.2. Procure, by competitive bidding and quotes, required materials, supplies and services to
conduct the community cleanup activities, including, but not limited to:
3.2.2.1. Roll-off dumpsters;
3.2.2.2. Heavy equipment rental or operations costs, e.g. backhoes, front loaders, skid steers,
and augers;
3.2.2.3. Trailers;
3.2.2.4. Safety equipment for workers and volunteers;
3.2.2.5. Hand and power tools;
3.2.2.6. T-shirts; and
3.2.2.7. Marketing flyers and posters promoting the project.
105082 / 00759084 / v2 CT-CD-20-215 Page 2 of 4
3.2.3. Purchase and plant trees and vegetation from the Pima County Nursery, if available. If
Nursery plants are unavailable or the County Nursery does not have the appropriate plants;
procure trees and vegetation from local providers by competitive bidding and quotes.
3.3. Emergency Home Repair & Owner Occupied Housing Rehabilitation. Subrecipient will provide
CDBG housing activities, as allowable per 24 CFR 570.202, as follows:
3.3.1. Rank eligible applicants based on severity of health and safety issues in the home. Give
priority to applicants most in need with special consideration given to households with
elderly and/or disabled persons and with children 6 years of age and younger.
3.3.2. Complete an Environmental Review Record (ERR) for each home which is scheduled to be
modified and secure County’s Environmental Officer Clearance prior to committing funds
and carrying out work.
3.3.3. Prepare written scope of work of home repairs, adaptive construction, and safety hardware
work to be completed.
3.3.4. For projects on homes built prior to 1978, comply with HUD’s Lead Safe Housing Rule (24
CFR Part 35), including, but not limited to:
3.3.4.1. Providing household occupants with the U.S. Environmental Protection
Agency’s “The Lead-Safe Certified Guide to Renovate Right,” brochure
available at: <www.cpsc.gov/s3fs-public/renovateright.pdf>.
3.3.4.2. Securing a signed disclosure from applicant seeking assistance confirming that
they have received a copy of the brochure detailed in 3.3.4.1.
3.3.4.3. Obtaining a copy of the certificate from agency staff or contractors that
demonstrates their familiarity with EPA’s Lead Renovation, Repair and Painting
Rule (RRP Rule) (40 CFR Part 745, Subpart E) training on lead safe work
practices.
3.3.4.4. Conducting a visual inspection of the property for chipping, peeling or cracking
paint.
3.3.4.5. Informing Pima County if the repair work will disturb more than two square feet
of painted surface per room and conduct the following lead remediation
activities:
3.3.4.5.1. Testing for lead.
3.3.4.5.2. Mitigate lead, if applicable, through the use of interim controls and
other lead safe work practices.
3.3.4.5.3. Secure signed form from the occupant acknowledging they
understand the lead identification and work that will be completed to
eliminate the risk.
3.3.5. Obtain all necessary permits, if required.
3.3.6. Create a file for each applicant and retain for 4 years:
3.3.6.1. Copies of all agreements and authorizations obtained from applicant;
3.3.6.2. Records of disbursements made for work approved and completed;
3.3.6.3. Copies of onsite inspections by rehabilitation specialists, approvals of
rehabilitation work, and the final inspection;
105082 / 00759084 / v2 CT-CD-20-215 Page 3 of 4
3.3.6.4. Completed ERR; and
3.3.6.5. Signed lead disclosure forms, contractor(s) certifications, and occupant
acknowledgements as applicable under 3.3.4.
3.3.7. Procure, by competitive quotes:
3.3.7.1. Eligible professional and outside services, as needed; and
3.3.7.2. Materials and supplies for emergency home repair, adaptive construction, and
safety hardware including, but not limited to:
3.3.7.2.1. Plumbing;
3.3.7.2.2. Heating and cooling;
3.3.7.2.3. Electrical;
3.3.7.2.4. Flooring;
3.3.7.2.5. Exterior (roofing, windows, doors,);
3.3.7.2.6. Accessibility/Safety hardware; and
3.3.7.2.7. Lead renovation, repair and painting
3.3.8. Verify eligibility of applicants. Each household receiving assistance under this program must
meet all of the following criteria:
3.3.8.1. Be owner-occupant of a site built or legally affixed manufactured home;
3.3.8.2. Have and provide a copy of recorded Property Deed to show evidence of property
ownership, or provide a copy of the recorded Affidavit of Affixture, if the property
is a manufactured home;
3.3.8.3. Have a household income at or below 80% Area Median Income (AMI);
3.3.8.4. Live in Town of Marana or surrounding incorporated communities in Pima County.
3.3.8.5. Have proof of flood insurance if the home is located in a Federal Emergency
Management Agency Special Flood Hazard Area.
3.3.9. Accept and prioritize referrals from Pima County Community Development and Conservation
Department.
4. Project goal/predicted outcomes:
4.1. Goal: Create viable communities that meet the needs of low- and moderate-income individuals and
households through CDBG activities that promote decent housing, suitable living environments and
expanded economic opportunities.
4.2. Predicted outcome: Individuals and households will have new or improved access to public
services; facilities and receive critical home repair services.
5. Public benefit – CDBG National Objective and Eligible Activity:
Upon completion, the Town of Marana CDBG Program will meet the HUD CDBG National Objective to
assist low- and moderate-income persons and households.
6. Metrics available to measure performance: At a minimum:
6.1. Fourteen (14) neighborhood cleanups will be conducted in Colonia communities; and
6.2. Four (4) low- to moderate-income households will receive emergency home repair or owner-
occupied housing rehabilitation to that address livability, safety, and accessibility needs.
105082 / 00759084 / v2 CT-CD-20-215 Page 4 of 4
7. Reports:
7.1. Subrecipient will provide quarterly reports to County for submission to HUD on County’s web-based
application system at www.zoomgrants.com. The reports must include, but are not limited to, the
following:
7.1.1. An accomplishment narrative describing program successes and challenges;
7.1.2. Number of persons benefiting from public facility improvement(s);
7.1.3. Number of emergency home repair and owner-occupied housing rehabilitation activities
conducted including but not limit to the follow information as applicable:
7.1.3.1. Physical address of each housing unit assisted.
7.1.3.2. Household income calculated and identified by appropriate cohort per household as
follows:
7.1.3.2.1. Extremely Low Income, at or below 30% Area Median Income (“AMI”)
7.1.3.2.2. Low Income, at or below 50% AMI
7.1.3.2.3. Moderate Income, at or below 80% AMI
7.1.3.3. Racial and Ethnic information of applicant or head of household, only.
7.1.3.4. Number of Female-headed households assisted.
7.1.3.5. Number of clients 62 years of age or older assisted.
7.1.3.6. Number of disabled clients assisted.
7.1.3.7. Lead paint requirements, as applicable, but not limited to:
7.1.3.7.1. Housing units constructed before 1978;
7.1.3.7.2. Exempt: housing units constructed 1978 or later;
7.1.3.7.3. Exempt: hard costs ≤$5,000.00;
7.1.3.7.4. Otherwise exempt; and
7.1.3.7.5. Lead hazard remediation actions, including:
7.1.3.7.5.1. Lead Hazard Work Practices (hard costs ≤ $5,000)
7.1.3.7.5.2. Interim Controls or Standard Practices (hard costs $5,000 -
$25,000)
7.1.3.7.5.3. Abatement (hard costs > $25,000)
7.1.3.8. Number of persons benefiting from neighborhood cleanup activities.
7.2. All reporting provisions will survive the termination of this Agreement.
8. Budget:
CDBG Activities Budget
Administration $ 13,000.00
Colonia Neighborhood Cleanup $ 10,000.00
Emergency Home Repair $ 18,500.00
Owner Occupied Home Repair $ 18,500.00
Total $60,000.00
END OF EXHIBIT A
105082 / 00759084 / v2
EXHIBIT B
END OF EXHIBIT B