HomeMy WebLinkAboutRes 2020-34 RESOLUTION NO. 2020-34
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE
ACCEPTANCE OF A GRANT FROM THE STATE OF ARIZONA
CONSISTING OF FEDERAL FINANCIAL ASSISTANCE FROM
THE U.S. DEPARTMENT OF THE TREASURY'S
CORONAVIRUS RELIEF FUND AND PROSPECTIVELY
AUTHORIZING THE TOWN MANAGER OR DESIGNEE TO
APPLY FOR, ACCEPT, AND/OR RECEIVE ANY FUTURE
GRANT DOLLARS
RECITALS:
WHEREAS, on March 27, 2020, the President of the United States signed into law the
Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"); and
WHEREAS, the CARES Act established the Coronavirus Relief Fund ("CRF") for payments to
state, local, and tribal governments navigating the impact of the COVID-19 outbreak; and
WHEREAS, the State of Arizona, acting through the Office of the Governor, has allocated a
portion of the State of Arizona's share of CRF dollars to the Town of Fountain Hills, in the form of
a grant through the AZCares Fund Program (the "Grant"); and
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") desire to
accept the Grant.
ENACTMENTS:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals set forth above are incorporated as if fully set forth herein.
SECTION 2. The Town Council hereby authorizes: (i)the acceptance of the Grant in the amount
of$2,893,126 and (ii) execution of a grant agreement between the Town of Fountain Hills and the
State of Arizona, acting through the Office of the Governor, relating to acceptance and
administration of the Grant funds (the "Agreement") in substantially the form attached hereto as
Exhibit A and incorporated herein by reference.
SECTION 3. The Town Council hereby prospectively authorizes the Town Manager or his
designee to take any steps necessary to apply for, accept, and/or receive any CRF or other dollars
that may become available through the AZCares Fund Program or any similar grant program.
RESOLUTION 2020-34 PAGE 2
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 16th day
of June, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Li
Gin y Dicke , Mayor ' Eli abeth urke, Town CI rk
REVIEWED BY: APPROVED AS TO FORM:
6gbA,oc
Grady E. Mill , wn Manager Aaron D. Arnson, Town Attorney
State of Arizona
Office of the Governor
AZCares Fund Program
ERMT Grant Number: ERMT-20-038
Award Amount: $2,893,126
Grant Agreement Terms and Conditions
This Grant Agreement ("Agreement") is between the Town of Fountain Hills ("Grantee") and the State
of Arizona, acting through the Governor's Office ("Grantor"), (sometimes, individually, a "Party," or
collectively, "Parties").
I. Purpose
Distribution to local Arizona jurisdictions of federal financial assistance from The U.S. Department
of the Treasury's Coronavirus Relief Fund (CRF), Catalog of Federal Domestic Assistance (CFDA)
number 21.019, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
II. Term, Effective Date, and Termination
The Agreement commences when it is signed by both Parties. The Agreement project period is
March 1, 2020 through December 30, 2020. The Agreement expires at the end of the award term.
The Agreement shall not bind nor purport to bind the Grantor for any commitment in excess of the
original Agreement award term or amount.
In the event of a material breach of any provision of this Agreement, the non-breaching Party
shall give written notice to the breaching Party specifically setting forth the nature of the breach.
Upon being served with such notice, the breaching Party shall have ten (10) days in which to cure
said breach. If said breach has not been cured within the ten (10) days, then the non-breaching
Party may terminate this Agreement.
III. Renewal and Amendments
This Agreement is issued under the authority of the authorized Grantor representative who
signed this Agreement. The Grantor shall have the right, at its sole and unfettered discretion,
whether or not to extend this Agreement. If so, the Parties must execute a written Amendment or
a new Agreement. A renewal may be considered if the Grantor adds additional funding and
subsequent rounds of awards to the AZCares Fund, the State of Arizona receives additional
federal Coronavirus Disease 2019 (COVID-19) public health emergency funding, and/or the State
of Arizona Legislature chooses to appropriate funding for this specific purpose. Also,
consideration for renewal will be based on results of program and fiscal monitoring.
The Agreement may be modified only through an Agreement Amendment within the scope of the
Agreement. Any changes to the Agreement by a person who is not specifically authorized by the
Grantor representative in writing or made unilaterally by the Grantee are violations of the
Agreement and of applicable law. Such changes, including unauthorized written Agreement
Amendments shall be void and without effect, and the Grantee shall not be entitled to any claim
under this Agreement based on those changes.
IV. Obligations of the Parties
Responsibilities of the Grantee:
a. Grantee agrees that grant funds will be used in accordance with applicable statutes,
program rules, guidelines and special conditions.
b. Grantee agrees that it will submit financial and activity reports to Grantor in a format
provided by the Grantor, documenting the activities supported by these grant funds and
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providing an assessment of the impact of these activities. In the event reports are not
received on or before the indicated date(s), funding may be suspended until such time as
delinquent report(s) are received.
c. Grantee understands that financial reports are required as an accounting of expenditures
for either reimbursement or Grantor-approved payments. Reports are due pursuant to the
schedule listed in this Agreement.
d. The final request for reimbursement of grant funds must be received by the Grantor on or
before the last day of the project period.
e. Grantee agrees to remit all unexpended grant funds to the Grantor within thirty (30) days of
written request received from the Grantor.
f. Grantee agrees that all encumbered funds must be expended and that payroll and
Employee Related Expenses (ERE) must be paid on or before the expiration of this
Agreement.
g. Grantee agrees to cooperate and participate with any and all assessments, evaluation
efforts or information and data collection requests, and acknowledges that the Grantor has
the right to obtain, reproduce, publish, or use data provided under this award in accordance
with applicable statutes, rules, and guidelines.
h. Grantee understands that the Agreement may not be closed until Grantee is compliant with
all requirements of the Agreement.
i. Required programmatic and financial reports are submitted according to the schedule
below. At any point, the Grantee can submit its final report thus ending its need to submit
any subsequent reports:
Programmatic and Financial Reports
Report Period: Due Date:
March 1st—June 30th July 3rd
July 1st—September 30th October 5th
October 1st — December January 4th
30th
Responsibilities of the Grantor:
a. Once the following actions and documents are completed by Grantee and have been
received, verified, and approved by the Grantor, payment to the Grantee will be completed
within 5 business days:
Obtained a Duns & Bradstreet number;
ii. SAM.gov registration completed;
iii. AZCares Fund application submitted;
iv. AZCares Fund Certification Form submitted;
v. Budget/expense request submitted;
vi. Award acceptance submitted;
vii. State of Arizona General Accounting Office (GAO) Automated Clearing House (ACH)
set-up completed; and
viii. The Agreement executed by the Grantee or an email from the Grantee sent to
ospberaz.gov stating that the Agreement is on the Grantee's board/council agenda
for review and execution. Grantee will provide the exact date of the board/council
meeting in that email.
V. Fund Management
Grantee must receive these funds under this Agreement in a separate ledger account/fund and
cannot mix these funds with other sources. The Grantee must manage funds according to
applicable federal regulations for administrative requirements, cost principles and audits.
The Grantee must maintain adequate business systems to comply with Federal requirements.
The business systems that must be maintained are:
a. Financial Management d. Property
b. Procurement e. Travel
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c. Personnel
A system is adequate if it is: 1) written; 2) consistently followed - it applies in all similar
circumstances; and 3) consistently applied — it applies to all sources of funds. The Grantor
reserves the right to review all business systems policies.
The Grantee shall manage funds according to applicable federal regulations for administrative
requirements, cost principles and audits
VI. DUNS/CCR
Each Grantee must provide the following prior to an Agreement being executed: (a) Dun and
Bradstreet Universal Numbering System (DUNS) number for the fiscal agent; and (b) proof of
current registration in the System for Award Management ("SAM"). SAM is the Official U.S.
Government system that consolidated the capabilities of Central Contractor Registration ("CCR"),
Fed Reg, ORCA and EPLS. SAM registration must be maintained for the term of the Agreement.
The DUNS website is located here.
VII. Reporting Requirements
In compliance with the CARES Act reporting requirements, the Grantee is required to provide the
following information:
a. the total amount of funding received from the AZCares Fund;
b. the amount of funding received that was expended or obligated for each project or
activity;
c. a detailed list of all projects or activities for which large covered funds were expended or
obligated, including—
the name of the project or activity;
ii. a description of the project or activity; and
iii. the estimated number of jobs created or retained by the project or activity,
where applicable; and
d. detailed information on any level of subcontracts or subgrants awarded by the covered
recipient or its subcontractors or subgrantees, to include the data elements required to
comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006
(31 U.S.C. 6101 note) allowing aggregate reporting on awards below $50,000 or to
individuals, as prescribed by the Director of the Office of Management and Budget.
VIII. Organizational Audit Requirements
Grantee agrees to comply with the organizational audit requirements of 2 CFR Part 200 Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and
further understands and agrees that funds may be withheld, or other related requirements may be
imposed, if outstanding audit issues (if any) from their organization's single audit are not
satisfactorily and promptly addressed. This CFR Title 2 Part 200 can be found online.
Single Audit: Grantee expending $750,000 or more of Federal funds from all sources during the
organization's fiscal year, must have an annual audit conducted in accordance with 2 CFR Part
200.
a. If your organization is subject to the requirements of 2 CFR Part 200, then attach one
copy of your organization's most recently completed Single Audit with the Management
Letter, Findings and Questioned Costs to the completed application.
b. If your organization is not subject to the requirements of 2 CFR Part 200, submit one copy
of the most recently completed audit of financial statements.
c. If your organization does not have a recently completed audit, attach one copy of the most
recently prepared financial statements including a Balance Sheet, Income Statement, and
Statement of Cash Flows along with a description of the source of the documents.
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IX. Unallowable Costs
All costs incurred prior to the project period start date and costs not consistent with the funding
opportunity solicitation are not allowable under this award.
X. Conflicts of Interest Policy
Grantee must establish written policies and procedures to prevent employees, consultants, and
others (including family, business, or other ties) involved in grant-supported activities, from
involvement in actual or perceived conflicts of interest. The policies and procedures must:
a. address conditions under which outside activities, relationships, or financial interests are
proper or improper;
b. provide for advance disclosure of outside activities, relationships, or financial interests to
a responsible organizational official;
c. include a process for notification and review by the responsible official of potential or
actual violations of the standards; and
d. specify the nature of penalties that may be imposed for violations.
Xl. Acknowledgement of Federal Funding in Communications and Contracting
Grantee must acknowledge Federal funding when issuing statements, press releases, requests
for proposals, bid invitations, and other documents describing projects or programs funded in
whole or in part with Federal funds. Grantee is required to state: (1) the percentage and dollar
amounts of the total program or project costs financed with Federal funds; and (2) the percentage
and dollar amount of the total costs financed by nongovernmental sources.
XII. Mandatory Disclosures
Consistent with 45 CFR 75.113, Grantee must disclose in a timely manner, in writing, all
information related to violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Disclosures must be sent in writing to the
Grantor as stated in Section XVII.
Failure to make required disclosures can result in any of the remedies described in 45 CFR
75.371 remedies for noncompliance, including suspension or debarment (see 2 CFR parts 180 &
376 and 31 U.S.C. 3321).
XIII. Data Collection and Performance Measurement
Grantee must comply with the performance goals, milestones, and expected outcomes as
reflected in the funding opportunity solicitation and are required to submit data via the Grantor's
data-entry and reporting system, eCivis.
XIV. Ad Hoc Submissions
Throughout the award term, the Grantor may determine that additional information is required
beyond the standard deliverables.
XV. Applicable law
In accordance with A.R.S. § 41-2701, et seq., and Arizona Administrative Code, this
Agreement shall be governed and interpreted by the laws of the State of Arizona.
XVI. Documents incorporated by reference
The AZCares Fund Allocations and Certification Form are both incorporated into this
Agreement in its entirety. Grantee warrants that it has read and understands the AZCares
Fund Allocations and Certification Form and agrees to be bound by them in their entirety. In
the event of any divergence between this Agreement and the AZCares Fund Allocations
and Certification Form, this Agreement shall control.
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XVII. Payments
Grantee reimbursements are based only on expenditures approved in its Application budget
and budget narrative. A Grantee shall be reimbursed initially for actual public health and
safety payroll expenses and EREs for the time period of March 1, 2020 up to the Grantee's
application submission or the most recent pay period. If an allocation award balance exists,
then the Grantee will either include forecasted payroll expenses and EREs in its application
or submit further reimbursement request(s) of its actual public health and safety payroll
expenses and EREs until its allocation is fully expended. The Grantee will need to provide
its previous year's total actual expense(s) for that category(ies) to validate projection.
Overtime is not an eligible expense for reimbursement request(s) from the AZCares Fund.
For purposes of the AZCares Fund, Fire, Emergency Medical Services (EMS), 9-1-1, and
Sheriff/Police personnel are considered public safety. The Grantee shall use the forms
provided by the Grantor to submit reimbursement requests.
Per Federal guidance:
a. these public health and safety expenses do NOT need to be materially related to
the Coronavirus Disease 2019 (COVID-19) public health emergency.
b. these funds are designed to address unforeseen financial needs and risks created
by the COVID-19 public health emergency. For this reason, and as a matter of
administrative convenience in light of the emergency nature of this program, the
Grantee may presume that payroll costs for public health and public safety
employees are payments for services substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
Grantee must:
a. register for the U.S. Department of Homeland Security, Federal Emergency
Management Agency's (FEMA's) Public Assistance (PA) Grant Program via the
Arizona Department of Emergency and Military Affairs (DEMA) portal.
b. submit an application for FEMA PA Grant Program to be verified by DEMA to
successfully complete, maintain compliance, and closeout the Public Health and
Safety Stabilization Program.
c. enroll in automatic clearing house (ACH) payments. Grantee must complete the
document titled "State of Arizona Substitute W-9 and ACH Vendor Authorization
Forms & Instructions." Vendor account set-up and payment information can be
found here.
Notwithstanding any other payment provision of this Agreement, failure of the Grantee to
submit required reports when due, or failure to perform or deliver required work, supplies, or
services, will result in the withholding of payment under this Agreement unless such failure
arises due to causes beyond the control and without the fault or negligence of the Grantee.
XVIII. Notification of Program Changes
Grantee agrees to notify the Grantor in writing, thirty (30) calendar days in advance, of any
changes in the program that will directly affect service delivery under the terms of the
Agreement. No changes shall be implemented without the prior written approval of a formal
Agreement Amendment issued by the Grantor.
XIX. Relationship of Parties
The individuals performing work on behalf of Grantee, its subgrantees or its subcontractors
are not employees, servants, agents, partners, or joint venturers of the Grantor. The State
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of Arizona and the Grantor retains no control or direction over such individuals or over the
detail, manner, or methods of performance of their services, and they do not have the
authority to supervise or control their work. The individuals performing work on behalf of the
Grantee, its subgrantees or its subcontractors are not entitled to receive benefits that
employees of the State of Arizona are entitled to receive, including but not limited to,
workers' compensation, unemployment compensation, health, vision, or dental insurance,
retirement benefits, annual leave, and holiday pay.
XX. Other
a. Grantee shall follow all applicable laws, rules, and regulations in the performance of
work in furtherance of the solicitation, application, and award.
b. In accordance with ARS § 35-154, every payment obligation of the Grantor under this
Agreement is conditioned upon the availability of funds appropriated or allocated for
payment of such obligation. If funds are not allocated and available for the continuance
of this Agreement, this Agreement may be terminated by the Grantor at the end of the
period for which funds are available. No liability shall accrue to the Grantor in the event
this provision is exercised, and the State shall not be obligated or liable for any future
payments or for any damages as a result of termination under this paragraph.
c. In accordance with A.R.S. § 35-214, the Grantee shall retain all data, books, and other
records ("records") relating to this Agreement for a period of five years from the last
financial report submitted to the Grantor. All such documents shall be subject to
inspection and audit at reasonable times, including such records of any subgrantee,
contractor, or subcontractor. Upon request, the Grantee shall produce the original of any
or all such records to the offices of the Grantor.
d. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
i. Any contractor or subcontractor who is contracted by a Party to perform work
related to this Agreement shall warrant its compliance with all federal immigration
laws and regulations that relate to its employees and its compliance with A.R.S.
§ 23-214(A);
ii. That any breach of the warranty in paragraph "b." above shall be deemed a
material breach of this Agreement that is subject to penalties up to and including
termination of this Agreement;
iii. The Parties retain the legal right to inspect the employment records of any
employee of any contractor or subcontractor who performs work related to this
Agreement to ensure that the contractor or subcontractor is complying with the
warranty in paragraph "b." above and that the contractor agrees to make all
employment records of said employee available during normal working hours to
facilitate such an inspection; and
iv. Nothing in this Agreement shall make any contractor or subcontractor an agent
or employee of the Parties to this Agreement.
e. The Parties shall comply with the provisions of State Executive Order 2009-9, Title VI of
the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973,
as amended, and the Americans with Disabilities Act, as amended.
f. This Agreement does not imply authority to perform any tasks or accept any
responsibility not expressly stated in this Agreement.
g. This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement. This Agreement shall not relieve
the Parties of any obligation or responsibility imposed on it by law.
h. This Agreement contains the entire agreement of the Parties with respect to its subject
matter and supersedes all prior and contemporaneous agreements, understandings,
and inducements, whether express or implied, oral or written.
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i. Any change, modification, or extension of this Agreement must be submitted through the
Grantor's online grant management system, eCivis, and approved by Grantor.
j. This Agreement has been arrived at by negotiation and shall not be construed for or
against any Party.
k. The Parties agree that all the conditions set forth herein are material to this Agreement
and a breach of any condition is a breach of this Agreement.
I. The failure of either Party to insist in any one or more instances upon the full and
complete performance of any of the terms and provisions of this Agreement to be
performed by the other Party or to take any action permitted by this Agreement shall not
be construed as a waiver or relinquishment of the right to insist upon full and complete
performance of the same or any other covenant or condition either in the past or in the
future. The acceptance by either Party of sums less than may be due and owing at any
time shall not be construed as an accord and satisfaction.
m. The substantive laws of Arizona (without reference to any choice of law principles) shall
govern the interpretation, validity, performance and enforcement of this Agreement. The
Parties further agree to cooperate in all ways reasonable and necessary to comply with
the applicable statutes, including amending this Agreement as needed in the future and
making any refunds or payments that might be required to bring the Parties into full
compliance with applicable law.
n. Nothing in this Agreement is intended to create any third-party beneficiary rights; and
the Grantor and the Grantee expressly state that this Agreement does not create any
third-party rights of enforcement.
o. This Agreement may be executed in any number of counterparts, all such counterparts
shall be deemed to constitute one and the same instrument, and each of said
counterparts shall be deemed an original hereof.
p. If the last day of any time stated herein shall fall on a Saturday, Sunday, or legal holiday
in the State of Arizona, then the duration of such time shall be extended so that it shall
end on the next succeeding day which is not a Saturday, Sunday, or legal holiday.
q. Except as expressly provided herein, no Party may delegate or assign its rights or
responsibilities under this Agreement without prior written approval of the other Party
and any purported assignment or delegation in violation of this provision shall be void.
r. The Parties to this Agreement agree to resolve all disputes arising out of or relating to
this Agreement through arbitration, after exhausting applicable administrative review, to
the extent required by A.R.S. § 12-1518, except as may be required by other applicable
statutes.
s. If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall be in full force and
effect.
t. Any deviation or failure to comply with the purpose and/or conditions of this Agreement
without prior approval may constitute sufficient reason for the Grantor to terminate this
Agreement, revoke the grant, require the return of all unspent funds, perform an audit of
expended funds, and require the return of any previously spent funds which are deemed
to have been spent in violation of the purpose or conditions of this grant.
u. The Parties acknowledge they have been advised by counsel, or have had the
opportunity to be advised by counsel, in the execution of the Agreement.
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IN WITNESS WHEREOF, the Parties have made and executed the Agreement the day and year first
above written.
FOR GRANTEE:
Authorized Signatory Date
Printed Name and Title
Additional signature(s) if required by political subdivision Date
Printed Name and Title Date
Attest:
Clerk Date
Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or
municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable,
resolutions and meeting minutes must be forwarded to the Governor's Office with the signed Agreement.
Approved as to form and authority to enter into Agreement (Excluding non-profits):
Legal counsel for Grantee Date
Printed Name and Title
Statutory or other legal authority to enter into Agreement (Excluding non-profits):
Appropriate A.R.S., ordinance, or charter reference
FOR GOVERNOR'S OFFICE:
Matthew Gress, Director Date
State of Arizona
Governor's Office of Strategic Planning and Budgeting
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