AMENDMENT 1 RE STREET LIGHTING WITH TOWN OF GUADALUPE.PDF
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C-22-24-078-X-01 Amendment No.1 Town of Guadalupe Page 1 of 4 AMENDMENT NO.1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE TOWN OF GUADALUPE I. Maricopa County (“County”), administered by its Human Services Department, entered into a financial Intergovernmental Agreement (“Agreement”) with the Town of Guadalupe (“Subrecipient”) on or about May 10, 2024. The purpose of the Agreement is to remove 41 existing lights and replace them with 48 lights along 10,505 feet of roadway and shorten the average distance between the poles from 270ft to 200ft or less in the Town of Guadalupe. The County provided the Subrecipient with $493,600 in PY2023 U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. The Agreement term is February 1, 2024, through January 31, 2026. The County and the Subrecipient collectively are referred to as the “Parties.” The Parties executed Administrative Change Order No. 1 on or about March 21, 2025, to revise the Implementation Schedule. The last day of the revised schedule remained within the Agreement term. II. The Parties agree to enter into this Amendment No.1 to amend the Agreement as follows: A. Extend the Agreement Termination Date from January 31, 2026, through January 31, 2027. B. In Section 1 (General Provisions), revise and replace the following: 1. In Paragraph 5.0 (Administrative Change Orders): 5.0 ADMINISTRATIVE CHANGE ORDERS 5.1 The Chair of the Board of Supervisors is authorized, upon the recommendation of the Human Services Department Director and Legal Counsel, to review and execute administrative changes to the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders will be effective upon execution by both the Parties. Administrative Change Orders shall address any of the following changes: 5.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 5.1.2 Modifications to Budget line items if the Agreement amount remains unchanged; 5.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 5.1.4 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by federal, state, and local regulations, policies, or requirements. C-22-24-078-X-01 Amendment No.1 Town of Guadalupe Page 2 of 4 2. In Paragraph 13.0 (Budget Adjustments): 13.2 The Subrecipient must receive prior written approval from the County to move funds from one budget line item to another. Budget adjustments that do not change the total Agreement amount may be documented by an Administrative Change Order approved and fully executed by the Chair of the Board of Supervisors and the Subrecipient’s authorized Representative as defined in Section 1 (General Provisions), Paragraph 5.0 (Administrative Change Orders). If a budget adjustment is necessary that either increases or decreases the Agreement amount, then the County shall follow Section 1 (General Provisions), Paragraph 4.0 (Amendments) of this Agreement to amend the Agreement. 3. In Paragraph 27.0 (Insurance): 27.1.1 The Subrecipient shall ensure the Insurance thresholds are met: C. In Section 2 (Special Provisions), revise and replace Paragraph 1.0 (Standards): 1.0 STANDARDS The Subrecipient shall perform the work and provide the services as identified in the Work Statement and shall immediately notify the Department whenever the Subrecipient is unable to, or anticipates an inability to, perform any of the work, or provide any of the services required by the terms of this Agreement. The Subrecipient acknowledges that any inability to perform the work and provide the services, or comply with the standards set forth in, this Agreement may subject the Subrecipient to the remedies provided in Section 1 (General Provisions), Paragraph 22.0, (Default and Remedies for Noncompliance). D. In Section 3 (Work Statement), revise and replace the following: 1. In Paragraph 3.0 (Implementation Schedule): 3.0 IMPLEMENTATION SCHEDULE Activity Duration Start End Engineering & Contract Documents 121 Days November 1, 2023 March 1, 2024 Bidding and Contract Approval 306 Days March 1, 2024 January 1, 2025 Construction 391 Days February 3, 2025 March 1, 2026 Closeout 61 Days March 1, 2026 May 1, 2026 2. In Paragraph 4.0 (Notices): For Maricopa County Human Services Department: Jamie Macfarlane, Assistant Director, Housing and Community Development Phone: 602-506-5813 Email: jamie.macfarlane@maricopa.gov C-22-24-078-X-01 Amendment No.1 Town of Guadalupe Page 3 of 4 234 N. Central Ave, 3rd Floor, Phoenix, AZ 85004 III. Section II above contains all the changes made by this Amendment No. 1. The Agreement is amended to incorporate the changes contained in this Amendment No. 1. All other terms and conditions of the Agreement remain in full force and effect as executed by the Parties. This Amendment No. 1 is subject to and incorporates the provisions of A.R.S. § 38-511. IV. The Parties have authorized the undersigned to execute this Amendment No. 1 on their behalf, and it shall be effective upon approval and signature by both Parties. [Signatures contained on the following page] C-22-24-078-X-01 Amendment No.1 Town of Guadalupe Page 4 of 4 IN WITNESS, the Parties have approved and signed this Amendment No.1: APPROVED BY: TOWN OF GUADALUPE ___________________________________ Valerie Molina Date Mayor APPROVED BY: MARICOPA COUNTY _____________________________________ Kate Brophy McGee Date Chair, Board of Supervisors Attestation: ___________________________________ Jeff Kulaga Date Town Manager/Clerk Attestation: ____________________________________ Juanita Garza Date Clerk of Board IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS ADMINISTRATIVE CHANGE ORDER NO.1 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE TOWN OF GUADALUPE UNDER THE LAWS OF THE STATE OF ARIZONA. IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 5 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: David E. Ledyard, Esq Date APPROVED AS TO FORM: Deputy County Attorney Date FAITH LAW, PLC Town Attorney