CITY OF TOLLESON AMENDMENT 2.PDF
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Contract No. C-22-21-018-X-02 Amendment No. 2 City of Tolleson Page 1 of 4 AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGREEMENT FOR SERVICES BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE CITY OF TOLLESON I. Maricopa County (“County”), administered by its Human Services Department, entered into a financial Intergovernmental Agreement (“Agreement”) with the City of Tolleson (“Subrecipient”), which was fully executed on or about August 19, 2020. The Agreement term began on September 1, 2020, and ends on September 1, 2022. The purpose of the Agreement is for the County to provide the Subrecipient with funding to perform housing rehabilitation to owner- occupied homes located in the Subrecipient’s redevelopment area. The County has provided the Subrecipient with $192,254 in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. The County and the Subrecipient collectively are referred to as the “Parties.” The Parties fully executed Amendment No. 1 on or about December 15, 2020. Among other things it provided an additional $157,746 in funding and revised the scope of work to provide home repair or rehabilitation services to sixteen (16) owner-occupied housing units in the Tolleson redevelopment area. II. The Parties agree to amend the Agreement by this Amendment No. 2 as follows: A. Add that the County shall increase the Subrecipient’s total contract funding amount by $15,000. Funding for this Amendment is provided by U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program Year/Fiscal Year 2021/2022 (PY/FY 21/22) funds. The Agreement funding now is increased from $350,000 to a not-to-exceed amount of $365,000. B. Extend the Agreement termination Date from September 1, 2022 through December 1, 2022. C. Revise Section 1 (General Provisions) to address the following paragraphs: 1. Paragraph 51.0 (Subrecipient Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights), delete Subparagraph 51.3 and replace with the following: 51.3 The Subrecipient shall insert the substance of this clause, including this Paragraph 51.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 2. Add paragraph 53.0 (Survival): 53.0 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. Contract No. C-22-21-018-X-02 Amendment No. 2 City of Tolleson Page 2 of 4 3. Add paragraph 54.0 (Force Majeure): 54.0 FORCE MAJEURE 54.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 54.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 54.3 The Party asserting Force Majeure as a cause for non- performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. D. Revise Section 2 (Special Provisions) to address the following paragraphs: 1. Paragraph 6.0 (Administrative Requirements), delete Sub-subparagraph 6.4.2 (DUNS Number and SAM Profile) and replace with the following: 6.4.2 System For Award Management The Subrecipient must register in System for Award Management (SAM) www.sam.gov/SAM/ (a database of basic business information for Subrecipients and Contractors), and obtain a Unique Entity Identifier (UEI) number through http://fedgov.dnb.com/webform 6.4.2.1 The Subrecipient must remain current with their registration throughout the term of the Agreement. 6.4.2.2 For additional information on System for Award Management (SAM) and, UEI use this link: https://www.sam.gov/SAM/pages/public/generalInfo/aboutS AM.jsf. 2. Paragraph 6.0 (Administrative Requirements), delete Sub-subparagraph 6.7.2 and replace with the following: Contract No. C-22-21-018-X-02 Amendment No. 2 City of Tolleson Page 3 of 4 6.7.2 UEI Number: All Subcontractors shall have a valid UEI number and active profile in the federal System for Award Management (SAM). E. Revise Section 4 (Compensation) by deleting Paragraph 5 (Reimbursement) and replacing it with the following: 5.0 REIMBURSEMENT 5.1 The Subrecipient 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. 5.2 The Subrecipient shall submit the final reimbursement for each Work Statement not later than 15 calendar days after the reimbursable period ends. 5.3 All requests for reimbursements shall be submitted to: HSDFINANCE@MARICOPA.GOV. III. Section II above contains all the changes made by this Amendment No. 2. All other terms and conditions of the Agreement and previously approved amendment not amended by this Amendment No. 2 shall remain unchanged and in full force and effect as executed by the Parties. IV. The Parties have authorized the undersigned to execute this Amendment No. 2 on their behalf, and it shall be effective upon approval and signature by both Parties. (Signatures are contained on the following page) Contract No. C-22-21-018-X-02 Amendment No. 2 City of Tolleson Page 4 of 4 IN WITNESS, the Parties have approved and signed this Amendment No. 2: APPROVED BY: THE CITY OF TOLLESON ____________________________________ Reyes Medrano Jr. Date City Manager APPROVED BY: MARICOPA COUNTY _____________________________________ Bill Gates Date Chairman, Board of Supervisors Attested to: Crystal Zamora Date City Clerk Attested to: Juanita Garza Date Clerk, Board of Supervisors IN ACCORDANCE WITH A.R.S. §§ 9-240 AND 11-952, THIS AMENDMENT NO. 2 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE CITY OF TOLLESON UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Attorney for the Subrecipient Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 2 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