AMENDMENT 1 RE COMMUNITY DEVELOPMENT BLOCK GRANT WITH CITY OF BUCKEYE.PDF
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C-22-25-014-X-01 Amendment No.1 City of Buckeye Page 1 of 4 AMENDMENT NO.1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE CITY OF BUCKEYE I. Maricopa County (“County”), administered by its Human Services Department, entered into a financial Intergovernmental Agreement (“Agreement”) with the City of Buckeye (“Subrecipient”) on or about October 1, 2024. The purpose of the Agreement is for the Subrecipient to provide improvements to reduce dust emissions and sediment loading onto alleyways, roads, and stormwater retention basins by installing asphalt paving, sidewalks, landscaping, lighting, utility adjustments, and a storm drain system. The County has provided the Subrecipient with $605,413 in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. The Agreement term is October 1, 2024, through September 30, 2026. The County and the Subrecipient collectively are referred to as the “Parties.” II. The Parties agree to enter into this Amendment No.1 to amend the Agreement as follows: A. In Section 1 (General Provisions), Paragraph 56.0 (Certification Regarding Debarment, Suspension Ineligibility And Voluntary Exclusion) revise and replace the following: 56.1.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses enumerated in Sub-subparagraph 56.1.2 above; and B. In Section 2 (Special Provisions), revise and replace the following: 1. Paragraph 11.0 (Reversion of Assets): 11.0 REVERSION OF ASSETS Unexpended funds must be de-obligated and returned to the County for reallocation. At the expiration of this Agreement, the County, upon recommendation of the Maricopa County Community Development Advisory Committee (CDAC), may reallocate any unencumbered funds per the CDAC Policy Manual as written in Special Provisions, Paragraph 7.0 (Policy/Administrative Manuals Use). A written letter to de-obligate funds will be sent to the Subrecipient from the County a minimum of ninety (90) calendar days prior to termination of this Agreement. 2. Paragraph 12.0 (Violence Against Women Reauthorization Act Of 2013): 12.0 VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2022 The Subrecipient must comply with VAWA 2022, which applies to all consistently, victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. The C-22-25-014-X-01 Amendment No.1 City of Buckeye Page 2 of 4 subrecipient must give a Notice of Occupancy Rights to tenants and applicants to ensure they are aware of their rights under VAWA, maintain an emergency transfer plan, and document incidents of domestic violence, dating violence, sexual assault, and stalking. C. In Section 3 (Work Statement), revise and replace the following: 1. Paragraph 3.0 (Implementation Schedule) 3.0 IMPLEMENTATION SCHEDULE 2. Paragraph 5.0 (Budget) 5.0 BUDGET 5.1 Activity Budget Program Year Fiscal Year Engineering, Construction, Management, and Closeout $232,011.90 2021 2022 Engineering, Construction, Management, and Closeout $230,105.50 2022 2023 Engineering, Construction, Management, and Closeout $29,815.60 2023 2024 Engineering, Construction, Management, and Closeout $143,050.25 2024 2025 Total $634,983.25 5.2 The County shall provide an amount not-to-exceed Six Hundred Thirty- Four Thousand Nine Hundred Eighty-three and Twenty-five Hundredths ($634,983.25) subject to the terms of this Agreement and availability of funds. Funding is provided under ALN 14.218 U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds This Agreement amount constitutes the County’s entire participation and obligation in the performance and completion of all work to be performed under this Agreement. Activity Duration Start End Engineering & Contract Documents 141 Days July 1, 2024 November 19, 2024 Bidding and Contract Approval 244 days January 29, 2025 September 30, 2025 Construction 106 days October 1, 2025 January 15, 2026 Closeout 73 days February 1, 2026 April 15, 2026 C-22-25-014-X-01 Amendment No.1 City of Buckeye Page 3 of 4 D. In Section 4 (Compensation), Paragraph 2.0 (Method Of Payment) revise and replace the following: 2.1 The Subrecipient agrees to submit at a minimum one (1) quarterly reimbursement request to County after issuance of the final notice to proceed with construction. County agrees to reimburse Subrecipient for actual allowable costs incurred, upon certification of Release of Funds and submittal by Subrecipient of an itemized statement of actual expenditures incurred, supported by back up documentation such as: 2.1.1 invoices and copies of checks showing payment of invoices and/or; 2.1.2 timesheets showing hours worked on eligible activities. III. Section II above contains all the changes to the Agreement 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-22-25-014-X-01 Amendment No.1 City of Buckeye Page 4 of 4 IN WITNESS, the Parties have approved and signed this Amendment No.1: APPROVED BY: CITY OF BUCKEYE ___________________________________ Eric Orsborn Date Mayor APPROVED BY: MARICOPA COUNTY _____________________________________ Thomas Galvin, Date Chairman, Board of Supervisors Attestation: ___________________________________ Lucinda Aja Date City 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 AMENDMENT NO.1 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE CITY OF BUCKEYE 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. 1 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: Attorney for the City Date APPROVED AS TO FORM: Deputy County Attorney Date