CITY OF SCOTTSDALE AMENDMENT 4.PDF

Contract No. C-22-17-044-3-05 Amendment No. 4
City Contract No. 2018-039-COS-A4
AMENDMENT No. 4 TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF SCOTTSDALE
I. Maricopa County (“County”) administered by its Human Services Department and the
City of Scottsdale (“City and/or Subrecipient”) entered into a financial Intergovernmental
Agreement (“Agreement”), which was fully executed on or about May 17, 2018 (County
Contract No. C-22-17-044-3-01) (City Contract No. 2018-039-COS). The purpose of the
Agreement is for the City to acquire, rehabilitate and rent a single-family home to a low-
income family. The County provided the City with $219,957 in 2016 HOME Investment
Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban
Development (HUD). All work performed or cost incurred or expended shall be
reimbursable through September 30, 2019. The County and the City may be referred to
individually as a “Party” and collectively referred to as “Parties.”
The Parties fully executed Amendment No. 1 (County Amendment No. 1 C-22-17-044-3-
02) (City Contract No. 2018-039-COS-A1) on or about November 20, 2018, to add a 2017
Work Statement for the City to acquire, rehabilitate, and rent an additional single-family
home to a low-income family. The County provided the City with $219,039 for the 2017
Work Statement. All work performed or cost incurred or expended under the 2017 Work
Statement shall be reimbursable through September 30, 2021. Upon approval of
Amendment No. 1, the Agreement funding amount increased to $438,996.
The Parties fully executed Amendment No. 2 (County Amendment No. 2 C-22-17-044-3-
03) (City Contract No. 2018-039-COS-A2) on or about January 24, 2019, to add a 2018
Work Statement for the City to acquire, rehabilitate, and rent an additional single-family
home to a low-income family. The County provided the City with $331,572 for the 2018
Work Statement. All work performed or cost incurred or expended under the 2018 Work
Statement shall be reimbursable through September 30, 2022. Upon approval of
Amendment No. 2, the Agreement funding amount increased to $770,568.
The Parties fully executed Amendment No. 3 (County Amendment No. 3 C-22-17-044-3-
04) (City Contract No. 2018-039-COS-A3) on December 19, 2019, to add a 2019 Work
Statement for the City to acquire, rehabilitate, and rent an additional single-family home
to a low-income family. The County provided the City with $314,693.94 for the 2019 Work
Statement. All work performed or cost incurred or expended under the 2019 Work
Statement shall be reimbursable through September 30, 2023. Upon approval of
Amendment No. 3, the Agreement funding amount increased to $1,085,261.94.
II. The Parties now agree to amend the Agreement by this Amendment No. 4 as follows:
A. Extend the expenditure period for the 2016 Work Statement from October 1, 2019,
through September 30, 2022, to provide the City with additional time to complete
the 2016 Work Statement. All work performed, or costs incurred or expended,
under the previously approved Work Statements shall remain reimbursable under
the terms of the Agreement and the Amendments.
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Contract No. C-22-17-044-3-05 Amendment No. 4
City Contract No. 2018-039-COS-A4
B. Revise Section I (General Provision) to:
1. Delete Paragraph R (Indemnification) and replace it with the following:
R. INDEMNIFICATION
1. To the extent permitted by law, the Subrecipient shall, and
shall cause any of its Subcontractors to, indemnify, defend,
save and hold harmless the State of Arizona and Maricopa
County, any jurisdiction or agency issuing any permits for
any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees from and
against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys’ fees,
and costs of claim processing investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or
personal injury (including death), or loss or damage to
tangible or intangible property caused, or alleged to be
caused, in whole or in part, by the negligent or willful acts or
omissions of Subrecipient and any of its Subcontractors, or
any of the directors, officers, agents, or employees of
Subrecipient and any of its Subcontractors.
2. To the extent permitted by law, the County shall, and shall
cause any of its Subcontractors to, indemnify, defend, save
and hold harmless the Subrecipient, any jurisdiction or
agency issuing any permits for any work arising out of this
Agreement, and their respective directors, officers, officials,
agents, and employees from and against any and all Claims
for bodily injury or personal injury (including death), or loss
or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or
willful acts or omissions of the County and any of its
Subcontractors, or any of the directors, officers, agents, or
employees of the County and any of its Subcontractors.
3. The indemnity includes any claim or amount arising out of
or recovered under the Workers’ Compensation Law or
arising out of the failure to conform to any federal, state or
local law, statute, ordinance, rule, regulation or court
decree. It is the specific intention of the Parties that the
Indemnifying Party shall, in all instances, except for Claims
arising solely from the negligent or willful acts or omissions
of the Indemnifying Party, be indemnified from and against
any and all Claims. It is agreed that the Indemnifying Party
and any of its Subcontractors will be responsible for primary
loss investigation, defense and judgment costs where this
indemnification is applicable.
2. Delete Paragraph BBB (ISRAEL BOYCOTT) and replace it with the
following:
BBB. WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. §
35-393.01
If the City engages in for-profit activity and has 10 or more
employees, and if this Agreement has a value of $100,000 or more,
then the City certifies it is not currently engaging in and agrees for
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Contract No. C-22-17-044-3-05 Amendment No. 4
City Contract No. 2018-039-COS-A4
the duration of this Agreement not to 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.
3. Add the following paragraph:
CCC. SURVIVAL
The indemnification, hold harmless, defense, and non-liability
provisions of this Agreement shall have full force and effect
notwithstanding any other provisions in this Agreement and shall
survive the termination or expiration of this Agreement.
C. Revise Section II (Special Provisions), Paragraph U (General Conditions), by
deleting Subparagraph 4 and replacing it with the following:
4. Administrative Change Orders – The Chairman of the Board of Supervisors
is authorized upon the recommendation of the Human Services
Department Director and Legal Counsel to make changes within the
general scope of the Agreement on behalf of the County through
Administrative Change Orders. Administrative Change shall be approved
and fully executed by the Chairman of the Board of Supervisors and the
City.
a. Administrative Change Orders may address any of the following
areas:
i. Modifications to the project timeline if the last day of the
project timeline is within the Agreement term;
ii. Modifications to Budget line items if the Agreement Amount
remains unchanged;
iii. Modifications required by federal, state, or County
regulations, ordinances, or policies; and
iv. Modifications to administrative requirements such as
changes in reporting periods, frequency of reports, or report
formats required by HUD or local regulations, policies, or
requirements; and
b. It is the responsibility of the City to ensure the latest documents are
consulted and followed.
D. Revise Section IV (Compensation) by deleting Paragraph C (Timeliness) and
replacing it with the following:
C. TIMELINESS
1. The City shall submit to the County a Request for Reimbursement
of all expenditures within the same fiscal year in which the
expenditures are incurred. The fiscal year runs July 1st through
June 30th and all Requests for Reimbursement shall be submitted
no later than July 30th for the preceding fiscal year.
2. The City shall submit the final reimbursement for each Work
Statement not-later than 15 calendar days after the reimbursable
period ends.
3. All requests for reimbursements shall be submitted to:
HSDFINANCE@MARICOPA.GOV
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Contract No. C-22-17-044-3-05 Amendment No. 4
City Contract No. 2018-039-COS-A4
III. Section II above contains all the changes made by this Amendment No. 4. All other terms
and conditions of the original Agreement and Amendment Numbers 1, 2, and 3 shall
remain the same and in full force and effect as approved and amended.
IV. The Parties have authorized the undersigned to execute this Amendment No.4, and it shall
be effective upon approval and signature by both Parties.
IN WITNESS, the Parties have approved and signed this Amendment No. 4:
APPROVED BY: APPROVED BY:
CITY OF SCOTTSDALE MARICOPA COUNTY
___________________________________ ____________________________________
David D. Ortega Date Jack Sellers Date
Mayor Chairman, Board of Supervisors
Attested To: Attested To:
___________________________________ ____________________________________
Ben Lane, City Clerk Juanita Garza, Clerk of the Board
IN ACCORDANCE WITH A.R.S. §§ 9-240 IN ACCORDANCE WITH A.R.S. §§ 11-201,
AND 11-952, THIS AMENDMENT NO. 4 HAS 11-251, AND 11-952, THIS AMENDMENT
BEEN REVIEWED BY THE UNDERSIGNED NO. 4 HAS BEEN REVIEWED BY THE
ATTORNEY WHO HAS DETERMINED IT IS UNDERSIGNED ATTORNEY WHO HAS
PROPER IN FORM AND WITHIN THE DETERMINED IT IS PROPER IN FORM AND
POWERS AND AUTHORITY GRANTED TO WITHIN THE POWERS AND AUTHORITY
THE CITY OF SCOTTSDALE UNDER THE GRANTED TO MARICOPA COUNTY UNDER
LAWS OF THE STATE OF ARIZONA. THE LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
___________________________________ ____________________________________
Sherry R. Scott, City Attorney Date Deputy County Attorney Date
By: Janis L. Bladine, Sr. Assistant
City Attorney
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