Loading...
HomeMy WebLinkAboutResolution 2022-019 Approving and Authorizing the Mayor to Sign IGA Between Pima County and Town of Marana for Community Development Block Grant ProgramMARANA RESOLUTION NO. 2022-019 RELATING TO COMMUNITY 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 2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) funding for these purposes; and WHEREAS Pima County has been awarded funding from the U.S. Department for Housing and Urban Development under the CDBG program for the 2021-2022 federal 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 enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between 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 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 undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. 00079827.DOCX /1 Resolution No. 2022-019 - 1 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of March, 2022. Mayor Ed Honea AS Cherry Law�6n, Town Clerk J,nyFairall, Town Attorney MARANA AZ ESTABLISHED 1977 00079827.DOCX /1 Resolution No. 2022-019 - 2 - Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 1 of 19 Pima County Department of Community and Workforce Development 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 -CR-22-182 Funding: U.S. Department of Housing and Urban Development Contract Term: October 1, 2021 through September 30, 2022 DUNS No.: 098034143 Research or Development: Yes No Federal Contract No.: B-21-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) FY21 $3,436,670,527.00 FY21 $3,000,218.00 INTERGOVERNMENTAL AGREEMENT 1. Parties, Background, and Purpose 1.1 Parties. This Intergovernmental Agreement (“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. This Agreement is also a subaward. 1.2 Authority. 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. County applied for and received Community Development Block Grant (“CDBG”) funds in the amount of $3,000,218 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). 1.3 Solicitation and Response. Under solicitation number CDNC-10-26-20-CDBG-ESG (“2021-2022 Community Planning Application”), County sought proposals for programs and activities that would qualify for CDBG funding during Federal Fiscal Year (“FY”) 2021-2022. Subrecipient submitted a response to the 2021-2022 Community Planning Application. 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 June 22, 2021, the Pima County Board of Supervisors (the “Board”) authorized inclusion of Subrecipient’s proposal for use of CDBG funds in the 2021-2022 Annual Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 2 of 19 Action Plan that County submitted to HUD to obtain the FY 2021-2022 CDBG funds. The Board also passed Resolution No. 2021-38 approving the allocation of $60,000.00 of FY 2021-2022 CDBG funds to Subrecipient and directing Community and Workforce Development staff to prepare agreements for distribution of grants funds to agencies authorized by HUD through HUD’s approval of the FY 2021-2022 Annual Action Plan. Finalizing this Agreement took longer than anticipated because the parties needed to negotiate portions of the Agreement. 2. Term, Extensions, and Amendments 2.1 Term and Extensions. This Agreement commences on October 1, 2021 and terminates on September 30, 2022 (the “Initial Term”). If the commencement date of the Initial Term is before the signature date of the last party to execute this Contract, the parties will, for all purposes, deem the Contract to have been in effect as of the commencement date. “Term,” means the original term plus any exercised Extension Options. County may renew this Agreement for up to a total of five years to coincide with the term of 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. 2.2 Amendments. The provisions 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 County before any services under the amendment commences. Minor modifications may be made by written memorandum approved and signed by the Director of the Pima County Department of Community & Workforce Development (“CWD”) 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 County under this Agreement. 2.3 Survival. Notwithstanding paragraph 2.1, 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. Scope of Services. Subrecipient will provide County with the services described in Exhibit A. Subrecipient will also obtain and maintain all required licenses, permits, and authority required for performance under this Agreement. Subrecipient will employ suitably trained and skilled personnel to perform all services under this Agreement. Unless otherwise provided for herein, the personnel delivering services pursuant to this Agreement will: (1) be employees or volunteers of the Subrecipient; (2) satisfy any qualifications in this Agreement; and (3) be covered by personnel policies and practices of Subrecipient. 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. Subrecipient will maintain an accounting manual that describes its financial procedures in sufficient detail to ensure that its financial practices are easily understood. 4. 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 will cooperate in the monitoring and evaluation process by County and/or HUD. Subrecipient will 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. If Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 3 of 19 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 15 calendar days from date of notice, this Agreement may be suspended or terminated. 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. Compensation and Payment 5.1 County will pay Subrecipient up to $60,000.00 (“Maximum Allocated Amount”). County will make payments from CDBG Grant(s) County has been awarded from HUD (“awarding agency”). 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. Pursuant to the agreement between HUD and County (Pima County Contract No. B-21-UC-04-0502) and the Pima County Board of Supervisors’ approval of this allocation of CDBG funds to Subrecipient June 22, 2021, Subrecipient may be reimbursed for eligible costs associated with activities under this Agreement as follows: 5.1.1 For eligible activities from and after October 1, 2021; and 5.1.2 For administrative costs incurred from and after July 1, 2021. 5.2 Subrecipient will 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 5.3 Each monthly request for reimbursement must be for services and costs as identified in Exhibit A and reference this Agreement number. The person(s) that prepared the request and an authorized manager, supervisor or executive of the Subrecipient must approve and sign each request to insure proper internal financial controls. In each request, Subrecipient will include the amount of CDBG accrued expenditures, if any; program income, as defined by the awarding agency; and all other fiscal resources applied to expenses incurred in providing services under this Agreement. 5.4 Each request must be accompanied by documentation that includes, but is not limited to: 5.4.1 A summary report of monthly expenditures by expense categories as shown in approved budget in Exhibit A of this Agreement. 5.4.2 Copies of invoices and checks (front and back) to support all purchases of goods or services. 5.4.3 If reimbursement is authorized for travel, detailed travel reports to support all travel expenses. 5.4.4 Any other documentation requested by County. 5.5 Subrecipient will include with each request an electronic copy with certified electronic signatures, of the Financial Status Report and Request for Funds. Hard copies, with original signatures, of the Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 4 of 19 Financial Status Report and Request for Funds must be retained by Subrecipient in compliance with this Agreement, Section 21, Books and Records County will provide Subrecipient with a form similar to Exhibit B upon execution of this Agreement. 5.6 If reimbursement is authorized for personnel costs, the monthly request for reimbursement must include: (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 (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 paragraphs 5.3 through 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 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 30 days from the date invoice is received. Subrecipient should budget cash needs accordingly. County may, at its sole discretion (1) determine the acceptability and progress of work performed and determine the resulting entitlement to payment of each request for reimbursement; (2) liquidate funds available under this Agreement for costs incurred by County on behalf of Subrecipient, and (3) deny full payment for requests for reimbursement that are submitted to County after the dates in paragraph 5.2. County may deduct its processing costs or delay-related damages in connection with a request for payment submitted after that date. Additionally, County may 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. 5.10 Subrecipient must submit its request for final payment for compensation earned and/or eligible costs incurred to County within 15 working days after the end of the Agreement term. The request must meet the requirements in paragraphs 5.3 through 5.6 and include a report summarizing Subrecipient’s performance during the term of the Agreement. Pursuant to A.R.S. § 11-622, County will deny reimbursement completely for requests for payment submitted later than six months after the last item of the account accrues. 5.11 No payments will be made to Subrecipient, until: (1) Subrecipient has completed and submitted a W-9 Taxpayer Identification Number form; (2) Subrecipient has registered as a Pima County Vendor at the following web address -- https://secure.pima.gov/procurement/vramp/login.aspx); (3) this Agreement is fully executed; and (4) adequate and accurate documentation is provided with each request for payment or invoice. 5.12 The Director of CWD or designee has the sole discretion to grant changes between budget line items of no more than 15%. The change may not increase or decrease the maximum allocated amount. 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 the reason the change is necessary; and how the specified purpose, program(s), metrics, or outcomes in this Agreement Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 5 of 19 will continue to be met, despite the requested change. 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. If the Director of CWD 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 in the written approval. 5.13 Pursuant to 2 CFR § 2400.101, unless excepted under 24 CFR chapters I through IX, the cost principles in 2 CFR Part 200, Subpart E, will be used to determine whether an incurred cost will be reimbursed under this Agreement. Subrecipient must reimburse County for improper, unallowable or unsubstantiated costs discovered as a result of audit or otherwise within 30 days following demand for reimbursement by County. 5.14 For the period of record retention required under Section 21, County may question any payment made under this Section 5 and require reimbursement by setoff or otherwise for payments determined to be improper or contrary to the Agreement or law. 6. Program Income. County does not anticipate that program income, as defined by the awarding agency, will be generated under the activities of this Agreement. In the event that activities under this Agreement do generate program income or program income is authorized, Subrecipient will 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. Subrecipient will also return program income to County within 15 days of the end of each month, unless otherwise specified in Exhibit A. 7. Insurance 7.1 Subrecipient will procure and maintain at its own expense insurance policies (“Required Insurance”) satisfying the below requirements (“Insurance Requirements”) until all of its obligations under this Agreement have been met. The below Insurance Requirements are minimum requirements for this Agreement and in no way limit Subrecipient’s indemnity obligations under this Agreement. County in no way warrants that the required insurance is sufficient to protect the Subrecipient for liabilities that may arise from or relate to this Agreement. If necessary, Subrecipient may obtain commercial umbrella or excess insurance to satisfy the Insurance Requirements. 7.2 Insurance Coverages and Limits: 7.2.1 Commercial General Liability (CGL): Occurrence Form covering liability arising from premises, independent contractors, personal injury, bodily injury, broad form contractual liability and products-completed operations with minimum limits not less than $1,000,000 Each Occurrence and $2,000,000 General Aggregate. 7.2.2 Business Automobile Liability: Coverage for any owned, leased, hired, and/or non-owned autos assigned to or used in the performance of this Agreement with minimum limits not less than $1,000,000 Each Accident. 7.2.3 Workers’ Compensation (WC) and Employers' Liability: 7.2.3.1 Workers’ Compensation with Employers Liability limits of $1,000,000 each accident and $1,000,000 each employee – disease. Workers’ Compensation statutory coverage is compulsory for employers of one or more employees. 7.2.3.2 Note: The Workers’ Compensation requirement does not apply if Subrecipient is exempt under A.R.S. § 23-901 and has executed the appropriate Pima County Sole Proprietor (Independent Contractor) Waiver form. Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 6 of 19 7.3 Additional Insurance Requirements: 7.3.1 Insurer Financial Ratings: Coverage must be placed with insurers acceptable to County with A.M. Best rating of not less than A- VII, unless otherwise approved by County. 7.3.2 Additional Insured: The General Liability policy must be endorsed to include Pima County and all its related special districts, elected officials, officers, agents, employees and volunteers (collectively “County and its Agents”) as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Subrecipient. The full policy limits and scope of protection must apply to County and its Agents as an additional insured, even if they exceed the Insurance Requirements. 7.3.3 Wavier of Subrogation: Commercial General Liability and Workers’ Compensation coverages must each contain a waiver of subrogation in favor of County and its Agents for losses arising from work performed by or on behalf of the Subrecipient. 7.3.4 Primary Insurance: The Required Insurance policies, with respect to any claims related to this Agreement, must be primary and must treat any insurance carried by County as excess and not contributory insurance. The Required Insurance policies may not obligate County to pay any portion of a Subrecipient’s deductible or Self Insurance Retention (SIR). 7.3.5 Subcontractors: Subrecipient must either (a) include all subcontractors as additional insureds under its Required Insurance policies, or (b) require each subcontractor to separately meet all Insurance Requirements and verify that each subcontractor has done so, Subrecipient must furnish, if requested by County, appropriate insurance certificates for each subcontractor. Subrecipient must obtain County’s approval of any subcontractor request to modify the Insurance Requirements as to that subcontractor. 7.4 Verification of Coverage: 7.4.1 Insurer or Broker of Subrecipient must evidence compliance with the Insurance Requirements by furnishing certificates of insurance executed by a duly authorized representative of each insurer. Each certificate must include: 7.4.1.1 The Pima County tracking number for this Agreement, which is shown on the first page of the Agreement, and a project description, in the body of the Certificate, 7.4.1.2 A notation of policy deductibles or SIRs relating to the specific policy, and 7.4.1.3 Certificates must specify that the appropriate policies are endorsed to include additional insured and subrogation wavier endorsements for County and its Agents. 7.4.2 Each Required Insurance policy and appropriate endorsements must be in effect not less than 15 days prior to commencement of work under this Agreement. A renewal certificate must be provided to County not less than 15 days prior to the policy’s expiration date to include actual copies of the additional insured and wavier of subrogation endorsements. Failure to maintain the Required Insurance, or to provide evidence of renewal, is a material breach of this Agreement. 7.4.3 County reserves the right to, at any time, require complete copies of any or all Required Insurance policies. 7.4.4 Cancellation Notice: Subrecipient’s insurance policies and endorsements will not be permitted to expire, be cancelled, suspended or materially changed from the agreed upon Insurance Requirements for any reason without 30 days advance written notice to County of the policy cancellation, suspension or material change. Subrecipient must provide written notice to County within two business days of receipt of notice. For cancellation of non-payment, Insurer is to provide County with written notice ten days prior to cancellation of policy. Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 7 of 19 7.5 Insurance Approval and Modifications: The Pima County Risk Manager may approve a modification of the Insurance Requirements without the necessity of a formal Agreement amendment, but the approval must be in writing. Neither County’s failure to obtain a required insurance certificate or endorsement, County’s failure to object to a non-complying insurance certificate or endorsement, or County’s receipt of any other information from the Subrecipient, its insurance broker(s) and/or insurer(s), constitutes a waiver of any of the Insurance Requirements. 8. Indemnification 8.1 To the fullest extent permitted by law, Subrecipient will defend, indemnify and hold harmless Pima County, and any related taxing district, and the officials and employees and each of them (collectively, “Indemnitee”) from and against any and all claims, actions, liabilities, losses, and expenses (including reasonable attorney fees)(collectively, “Claims”) arising out of actual or alleged injury of any person (including death) or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by any act or omission of Subrecipient or any of Subrecipient’s directors, officers, agents, employees, volunteers, or subcontractors. This indemnity includes any claim or amount arising or recovered under the Workers’ Compensation law or arising out of the failure of Subrecipient to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. The Indemnitee will, in all instances, except for Claims arising solely from the acts or omissions of the Indemnitee, be indemnified by Subrecipient from and against any and all claims. Subrecipient is responsible for primary loss investigation, defense and judgement costs for any claim to which indemnity applies. This indemnity will survive the expiration or termination of this Agreement. 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. 8.3 Subrecipient has the same obligations to County as County does to HUD pursuant to the 2021- 2022 Annual Action Plan and assurances. Subrecipient will hold County harmless against any injury that County may suffer with respect to HUD due to any failure on the part of Subrecipient to fulfill obligations to HUD. 9. Compliance with Laws 9.1 Subrecipient will comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. 9.2 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. 9.3 Subrecipient will comply with the requirements of 24 CFR Part 570, including Subpart K of these regulations, except the Subrecipient does not assume: (1) County’s environmental responsibilities described in 24 CFR § 570.604; and (2) County’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. 9.4 Subrecipient warrants that CDBG funds provided or personnel employed in the administration of the program funded under this Agreement will not be used for political activities; inherently religious activities; 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); political patronage; or nepotism activities. Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 8 of 19 9.5 Subrecipient will comply with the applicable provisions of: 9.5.1 Davis-Bacon Act (Public Law 107-217); 9.5.2 Contract Work Hours and Safety Standards Act (40 USC 327 et seq.); 9.5.3 Copeland Anti-Kick Back Act (18 USC 874 et seq.); 9.5.4 Section 3 of the HUD Act of 1968; and 9.5.5 All rules and regulations applicable to the listed statutes. 9.6 Subrecipient will fully cooperate with County, HUD and any other federal agency in the review and determination of compliance with the listed provisions. 9.7 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. 10. Independent Contractor. 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. 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. Subrecipient will be solely responsible for its program development, operation, and performance. 11. Subcontractors. 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 except prior written approval is not required for the purchase of supplies that are necessary and incidental to Subrecipient’s performance under this Agreement. Subrecipient must follow all applicable Federal, State, and County rules and regulations for obtaining subcontractor services. 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. Subrecipient must include the provision in paragraph 4.2 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 disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors with the provision. 12. 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. Non-Discrimination. 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. 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. Unless exempt under federal law, Subrecipient will comply with Titles VI and VII of the Civil Rights Act of Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 9 of 19 1964; the Age Discrimination in Employment Act; Section 504 of the Rehabilitation Act of 1973; and the Fair Labor Standards Act of 1938. 14. Americans with Disabilities Act. Subrecipient will comply with Title II of the Americans with Disabilities Act (Public Law 110-325, 42 USC§§ 12101-12213) and the federal regulations for Title II (28 CFR Part 35). Failure to do so could result in the termination of this Agreement. 15. 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. 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. Cancellation for Conflict of Interest. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511. 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 § 570.611. 18. 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 least 30 days before the effective date of the termination. In the event of such termination, County's only obligation to Subrecipient will be payment for services rendered prior to the date of termination. 18.2 With Cause: Except for a default under paragraph 4.2, 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 18.1and 18.2, 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 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 45 days, whichever is sooner, County will notify Subrecipient in writing that the Agreement will be immediately terminated or that performance may be resumed. Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 10 of 19 19. Notice. Subrecipient must give written notice of any change of corporate or entity status as promptly as possible and, in any event, within 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. 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: Director Pima County Department of Community & Workforce Development 2797 East Ajo Way Tucson, Arizona 85713 Terry Rozema, Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 20. Other Documents. In entering into this Agreement, Subrecipient and County have relied upon information provided in Subrecipient’s proposal submitted in response the 2021-2022 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. These documents are incorporated into this Agreement 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. 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 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 three 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 3-year period, whichever is later. 22. Audit Requirements Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 11 of 19 22.1 Subrecipient will comply with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Parts 200 and 2400). In addition, Subrecipient will 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 County. Subrecipient will also establish and maintain accounting records which identify the souréce and application of any funds not provided under this Agreement used to support these Agreement activities and ensure that all accounting records meet Federal, State, County requirements and generally accepted accounting principles laws and regulations. Upon written notice from County, Subrecipient will provide County a program-specific or financial audit. The 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. Subrecipient will ensure that any audit conducted pursuant to this Agreement is performed by a qualified, independent accounting firm and will be submitted to County within six months of completion of the audit required pursuant to this Section 22, unless a different time is specified by County. The audit submitted must include Subrecipient responses, if any, concerning any audit findings. Subrecipient is responsible for all costs for any audit required or requested pursuant to this Section 22, 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 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 in A.R.S. § 11-624, “Audit of Non-Profit Corporations Receiving County Monies.” If Subrecipient meets or exceeds the single audit threshold in 2 CFR 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 90 days following the end of Subrecipient’s fiscal year. Subrecipient must timely submit the required or requested audit(s) to: Risé Hart Pima County Department of Community & Workforce Development 2797 East Ajo Way, 3rd Floor Tucson, Arizona 85713 23. 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 County. Upon approval, County will have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 24. Property of County. Subrecipient is not the agent of County for any purpose and will not purchase any materials, equipment or supplies on the credit of County. 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. 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. 26. 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. 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. Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 12 of 19 § 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. If Subrecipient reasonably believes that some of the records listed in paragraph 27.1 contain proprietary, trade-secret or otherwise- confidential information, Subrecipient must prominently mark those records “CONFIDENTIAL”. 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. County will release the records ten business days after the date of notice, unless Subrecipient has, within that period, secured an appropriate order from a court of competent jurisdiction in Arizona, enjoining the release of the records. 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. 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. Legal Arizona Workers Act Compliance 29.1 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. 29.2 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. 29.3 Remedies for Breach of Warranty. 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 29, 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. 29.4 Subcontractors. Subrecipient will advise each subcontractor of County’s rights, and the subcontractor’s obligations, under this Section 29 by including a provision in each subcontract substantially in the following form: Subcontractor hereby warrants that it will at all times during the term of this Agreement 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 books and records to ensure 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 or termination of this Agreement. 30. No Joint Venture. The parties do not intend to, and nothing contained in this Agreement will be construed to, create any partnership, joint venture or employment relationship between the parties Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 13 of 19 or create any employer-employee relationship between County and any Subrecipient employees, or between Subrecipient and any County employees. Neither party will 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. 31. 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. 32. 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. 33. Non-Exclusive Agreement. Subrecipient understands that this Agreement is nonexclusive and is for the sole convenience of County. County reserves the right to obtain like services from other sources for any reason. 34. 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. 35. Israel Boycott Certification. Pursuant to A.R.S. § 35-393.01, if Subrecipient engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, Subrecipient certifies it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 36. Entire Agreement. 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. No verbal agreements or conversations with any officer, agent or employee of County prior to or after the execution of this Agreement will affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreements are unofficial information and in no way binding upon County. 37. Effective Date. This Contract will become effective when all parties have signed it. The effective date of the Contract will be the date this Contract is signed by the last party as indicated by the date associated with that party’s signature. SIGNATURE PAGE TO FOLLOW Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 14 of 19 THIS AGREEMENT MAY BE SIGNED IN COUNTERPARTS PIMA COUNTY _______________________________________ Chairman, Board of Supervisors Date: _____________________ ATTEST: ______________________________________ Clerk of the Board Date APPROVED AS TO CONTENT: ______________________________________ Director, Department of Community and Workforce Development 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 ______________________________________ Stacey Roseberry, Deputy County Attorney TOWN OF MARANA _____________________________________ Town Attorney Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 15 of 19 EXHIBIT A SCOPE OF WORK 1. Program Title and Locations: 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: 1) Program Administration; 2) Colonia Neighborhood Cleanup public service activities; and 3) Emergency Home Repair and Owner-Occupied Housing Rehabilitation. 3. Program Activities. Subrecipient shall comply with the 2021-2022 Annual Action Plan as follows: 3.1. Program Administration. Subrecipient shall 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. Pursuant to 24 CFR§570.201(e), Subrecipient shall select and identify neighborhoods where cleanup activities will take place. For each area selected, Subrecipient shall: 3.2.1. Reach out to community representatives and groups to identify specific community cleanup needs; 3.2.2. Complete a thorough needs assessment for each suggested community cleanup activity; 3.2.3. Organize and hold or attend established community meetings to organize and plan cleanups as appropriate; 3.2.4. Conduct cleanup activities; and 3.2.5. Provide addressing for homes as needed. 3.2.6. Procure, by competitive bidding and quotes, required materials, supplies and services to conduct community cleanup activities, including, but not limited to roll-off dumpsters; heavy equipment rental or operations costs, e.g., backhoes, front loaders, skid steers, and augers; trailers; safety equipment (including Personal Protective Equipment) for workers and volunteers; hand and power tools; t-shirts; and, marketing flyers and posters promoting the project. 3.3. Eligible Emergency Home Repair and Owner-Occupied Housing Rehabilitation. Pursuant to 24 CFR §570.202, Subrecipient shall rank eligible applicants based on severity of health and safety issues in the home and give priority to applicants most in need with special consideration given to households with persons age 60 or older, disabled persons, or with children 6 years of age and younger. Subrecipient shall also prepare a written scope of work of home repairs, adaptive construction, and safety hardware work that Subrecipient will complete. In addition, Subrecipient shall complete an Environmental Review Record (ERR) for each home scheduled to be assisted and submit this ERR to County for review and approval. County must approve the ERR before Subrecipient may commit funds or carry out work on a home. On conventional (site-built) homes constructed prior to 1978, Subrecipient shall comply with HUD’s Lead Safe Housing Rule (24 CFR Part 35) as follows: 3.3.1. Provide the applicant with the U.S. Environmental Protection Agency’s “The Lead-Safe Certified Guide to Renovate Right” brochure (www.cpsc.gov/s3fs- public/renovateright.pdf); 3.3.2. Secure a signed acknowledgement from applicant confirming receipt of this brochure. Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 16 of 19 3.4. Client Files. Subrecipient shall create a file for, and in accordance with Section 21.0, three years after the final quarterly report is submitted post termination of this Agreement. Each file must contain: 3.4.1. Client’s application and program eligibility documentation 3.4.2. Copies of all agreements and authorizations obtained from applicant; 3.4.3. Records of disbursements made for work approved and completed; 3.4.4. Copies of onsite inspections by Subrecipient or designated rehabilitation specialists, approvals of rehabilitation work, the final inspection, and client sign-off; 3.4.5. Completed ERR signed and dated by County; 3.4.6. Contractor(s) certifications; 3.4.7. Signed lead acknowledgement, if required under paragraph 3.3.1; and 3.4.8. Signed client acceptance of completed work. 3.5. Procurement. Subrecipient shall procure, pursuant to Town Code, by competitive quotes (1) eligible professional and outside services, as needed; and (2) materials and supplies for emergency home repair, adaptive construction, and safety hardware including, but not limited to plumbing; heating and cooling; electrical; flooring; exterior (roofing, windows, doors); accessibility/safety hardware; and required lead mitigation activities. 3.6. Applicant Eligibility. Subrecipient shall verify eligibility of applicants. Each household receiving assistance under this program must meet all of the following criteria. 3.6.1. Each applicant must live within the corporate limits of the Town of Marana and must have a household income at or below most current measure 80% Area Median Income (AMI). Each applicant must also intend to live in the home for at least 12 months from the date of work completion and acceptance recorded on client sign-off. In addition, each applicant must agree to not sell the home for at least 12 months from the date of work completion and acceptance recorded on client sign-off. 3.6.2. Each applicant must be the owner-occupant of a conventional home, legally affixed manufactured home or non-affixed manufactured home located in Pima County. 3.6.2.1. The following proof of ownership is required for a conventional (site built) home: (1) a copy of recorded Property Deed; or (2) a copy of Pima County Assessor’s Office property record or a copy of Pima County Treasurer’s Office tax record indicating taxation Property Type of Real Property. 3.6.2.2. The following proof of ownership is required for a legally affixed manufactured home: (1) a copy of recorded Property Deed or recorded Affidavit of Affixture; or (2) a copy of Pima County Assessor’s Office property record or a copy of Pima County Treasurer’s Office tax record indicating taxation Property Type of Real Property. 3.6.2.3. The following proof of ownership is required for a non-affixed manufactured home: (1) a current and valid copy of the home title from the Arizona Department of Transportation Motor Vehicle Division; or (2) a copy of a Pima County Treasurer’s Office record noting taxation as Personal Property in owner-occupants name for the physical address and showing manufactured home year and make or model. Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 17 of 19 3.6.2.3.1. If the applicant is seeking repairs of a non-affixed manufactured home, the home must be installed on a slab, wall, pier or other foundation or anchoring system; have towing hitch, wheels and axles removed; and be connected to utilities. For non-affixed manufactured homes that meet this criteria, Subrecipient must attain written acknowledgement from owner- occupant that “any improvements made through the Program(s) will be to the home structure only and not the lot, space, or land on which it sits.” 3.6.3. If a household is located in a Federal Emergency Management Agency (FEMA) Special Flood Hazard Area, the applicant must have and provide proof of current and valid flood insurance. Subrecipient may not proceed with work under the Program if the applicant does not have flood insurance in Special Food Hazard Areas (a Special Flood Hazard Area is any that FEMA has not designated as Zone X, X Shaded, or D). 4. COVID-19 Restrictions. Subrecipient shall provide all in-person and group program services in compliance with Centers for Disease Control and Prevention (“CDC”), State, and County guidelines for operating during the Coronavirus COVID-19 pandemic. If Subrecipient’s performance of the services must be modified or curtailed to comply with public health restrictions related to COVID-19, Subrecipient must immediately report the situation to County. County and Subrecipient will confer at least monthly to determine appropriate performance requirements and activities until services can be resumed in full. 5. Project goal/predicted outcomes. The Program will 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. Individuals and households will have new or improved access to public services and receive critical home repair services. 6. 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. 7. Metrics available to measure performance. 7.1. Subrecipient will complete fourteen neighborhood cleanups in Colonia communities; and 7.2. Subrecipient will provide four low- to moderate-income households with emergency home repair or owner-occupied housing rehabilitation to that address livability, safety, and accessibility needs. 8. Reports. Subrecipient will provide quarterly reports to County for submission to HUD on County’s web-based application system at www.zoomgrants.com. The reports shall include, but are not limited to, the following: 8.1. An accomplishment narrative describing program successes and challenges; 8.2. Number of persons benefiting from public facility improvement(s); 8.3. Number of emergency home repairs, adaptive construction, and safety hardware installation projects completed including the full address of each home; 8.4. Household income calculated and identified by appropriate cohort per household to include the number of (1) Extremely Low Income, at or below 30% Area Median Income (“AMI”); (2) Low Income, at or below 50% AMI; or (3) Moderate Income, at or below 80% AMI. 8.5. Racial and Ethnic information of applicant or head of household, only. Exhibit A to Resolution No. 2022-019 00079581.DOCX /2 CT-CR-22-182 Page 18 of 19 8.6. Number of Female-headed households assisted. 8.7. Number of clients 62 years of age or older assisted. 8.8. Number of disabled clients assisted. 8.9. Lead paint requirements, as applicable, but not limited to housing units constructed before 1978; exempt housing units constructed 1978 or later; exempt due to hard costs ≤$5,000.00; units that are otherwise exempt; and 8.10. Lead hazard remediation actions, including: Lead Hazard Work Practices under 24 CFR §35.930(b), (hard costs ≤ $5,000); Interim Controls or Standard Practices under 24 CFR §35.930(c), (hard costs $5,000 - $25,000); or Abatement under 24 CFR §35.930(d), (hard costs > $25,000). 8.11. Number of persons benefiting from neighborhood cleanup activities. 8.12. The quarterly reports must be submitted on: January 15; April 15; July 15; and October 15. 8.13. All reporting provisions will survive the termination of this Agreement. 9. Budget. County will pay Subrecipient as follows: 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 Exhibit A to Resolution No. 2022-019 [Type Here]00079581.DOCX /2 CT-CR-22-182 Page 20 of 20 EXHIBIT B END OF EXHIBIT B