AMENDMENT RE WATER FILTRATION SYSTEM WITH MORRISTOWN WATER COMPANY.PDF
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Contract No. C-22-25-012-X-01 Amendment No.1 Morristown Water Company PY24 MWC Filter Amendment 1 Page 1 of 4 AMENDMENT NO. 1 TO THE SUBRECIPIENT AGREEMENT FOR SERVICES BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND MORRISTOWN WATER COMPANY I. Maricopa County (“County”) administered by its Human Services Department and the Morristown Water Company (“Subrecipient”) entered into a financial Subrecipient Agreement (“Agreement”) on or about September 11, 2024. The purpose of the Agreement is for the Subrecipient to install an arsenic removal system to their existing well system and construct a structure to house all new equipment. The system improvements will allow Morristown Water Company to preventatively remove total arsenic to ensure that the maximum contaminant level is not exceeded. The County provided $440,000 to the Subrecipient for the Work Statement activities. These activities meet CDBG program’s National Objectives as defined in 24 CFR § 570.208. All work performed or costs incurred or expended shall be reimbursable through September 30, 2026. The County and the City may be referred to individually as the “Party” and collectively referred to as the “Parties.” II. The Parties now agree to modify the Agreement as authorized by Section 1 (General Provisions), Paragraph 4.0 (Amendments) of the Agreement as follows: A. Revise Unique Entity Identifier (UEI) ID Number on Page 1 of the Agreement to update Morristown Water Company’s UEI ID: KQKBTJY4LKW4. B. Revise Section I (General Provisions), by removing Paragraph 5.0 (Administrative Change Orders) in its entirety and replacing it with the following: 5.0 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 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 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 5.2 Modifications to Budget line items if the Agreement amount remains unchanged; 5.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 5.4 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. Revise Section I (General Provisions), Paragraph 46.0 (Nondiscrimination, Equal Opportunity and Equal Access), by removing Subparagraph 46.2 in its entirety and replacing it with the following: Contract No. C-22-25-012-X-01 Amendment No.1 Morristown Water Company PY24 MWC Filter Amendment 1 Page 2 of 4 46.2 The Subrecipient, in connection with any service or other activity under this Agreement, shall not in any way, discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief. The Subrecipient shall include this clause in all of its Subcontracts. Refer to Paragraph 21.0, (Default and Remedies for Noncompliance). D. Revise Section I (General Provisions), Paragraph 53.0 (Verification Regarding Compliance With A.R.S. §41-4401 And Federal Immigration Laws And Regulations) by removing Subparagraph 53.2 in its entirety and replacing it with the following: 53.2 The County retains the legal right to inspect Subrecipient and subcontractor employee documents performing work under this Agreement to verify compliance with paragraph 53.1 of this Section. Subrecipient and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Subrecipient or any of its subcontractors are not in compliance, the County will consider this a material breach of the Subrecipient and may pursue any and all remedies allowed by law, including, but not limited to; suspension of work, termination of the Agreement for default, and suspension and/or debarment of the Subrecipient. All costs necessary to verify compliance are the responsibility of the Subrecipient. E. Revise Section I (General Provisions), Paragraph 57.0, (Subrecipient Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights), by removing Subparagraph 57.3 in its entirety and replacing it with the following: 57.3 The Subrecipient shall insert the substance of this clause, including this Paragraph 57.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). F. Revise Section II (Special Provisions), by removing Paragraph 1.0 (Standards) in its entirety and replacing it with the following: 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 21.0, (Default and Remedies for Noncompliance). G. Revise Section III (Work Statement) to update the schedule, by removing Paragraph 3 (Implementation Schedule) in its entirety and replacing it with the following: Contract No. C-22-25-012-X-01 Amendment No.1 Morristown Water Company PY24 MWC Filter Amendment 1 Page 3 of 4 3.0 IMPLEMENTATION SCHEDULE Activity Duration Start End Engineering & Contract Documents 120 Days June 1, 2024 September 30, 2024 Bidding and Contract Approval 150 Days October 1, 2024 February 28, 2025 Construction 274 Days March 1, 2025 November 30, 2025 Closeout 60 Days December 1, 2025 January 31, 2026 H. Revise Section III (Work Statement), Paragraph 5.0 (Budget), by removing Subparagraph 5.2 in its entirety and replacing it with the following: 5.2 The County shall provide an amount not-to-exceed Four Hundred and Forty Thousand Dollars ($440,000.00) 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 for Program Year 2024, and CDBG-CV (CDBG CARES Act) 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. [Signatures contained in the following page] Contract No. C-22-25-012-X-01 Amendment No.1 Morristown Water Company PY24 MWC Filter Amendment 1 Page 4 of 4 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. IN WITNESS, the Parties have approved and signed this Amendment NO. 1: FOR THE MORRISTOWN WATER COMPANY: FOR MARICOPA COUNTY: ___________________________________ Carol Threewit Date Secretary, Board of Directors ____________________________________ Thomas Galvin Date Chairman, Board of Supervisors Attestation: ____________________________________ Juanita Garza Date Clerk, Board of Supervisors 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 IT 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: ___________________________________ Deputy County Attorney Date