IGA AMENDMENT 1 CITY OF EL MIRAGE RE CDBG 5TH AVE SANITARY.PDF
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Contract No. C-22-24-081-X-01 Amendment No. 1 City of El Mirage – Fifth Ave Sanitary Amendment 1 Page 1 of 3 AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF EL MIRAGE I. Maricopa County (“County”), administered by its Human Services Department, entered into a financial Intergovernmental Agreement (“Agreement”) with the City of El Mirage (“Subrecipient”) on or about March 26, 2024. The Subrecipient and County are collectively referred to here as the “Parties” and individually as a “Party.” The purpose of the Agreement is for the Subrecipient to replace an outdated sanitary sewer line serving residents in the City of El Mirage. The project will provide improved wastewater flow, reduced risk of system downtime, and mitigate health risks associated with backups and potential leaking for its residents. The County provided the Subrecipient with $820,000 in U.S. Department of Housing and Urban Development (HUD) Program Year 2023 Community Development Block Grant (CDBG) funds under Assistance Listing Number (ALN) 14.218. The Agreement term is February 1, 2024, through January 31, 2026. II. The Parties agree to amend the Agreement by this Amendment No. 1 as follows: A. Incorporate Federal Award Identification Number(s) (FAIN) and Award Date into the Agreement by adding the following to page of Agreement: FAIN / AWARD DATE: 14.218 – B-23-UC-04-0501 8/15/2023 B. Revise Section 1 (GENERAL PROVISIONS) to address the following: Revise paragraph 5.0 (Administrative Change Orders) by removing it in its entirety and replacing it with the following: 5.0 ADMINISTRATIVE CHANGE ORDERS 5.1 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: 5.1.1 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 or local regulations, policies, or requirements Contract No. C-22-24-081-X-01 Amendment No. 1 City of El Mirage – Fifth Ave Sanitary Amendment 1 Page 2 of 3 C. Revise Section 3 (WORK STATEMENT) to address the following: Revise paragraph 3.0 (Implementation Schedule) by removing it in its entirety and replacing it with the following: 3.0 IMPLEMENTATION SCHEDULE Activity Duration (Days) Start End Engineering and Scope of Work 120 Nov. 1, 2023 Feb. 29, 2024 Bidding and Contract Approval 60 March 1, 2024 April 30, 2024 Construction 243 May 1, 2024 December 31, 2024 Closeout 29 Jan. 1, 2025 January 31, 2025 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 in the following page] Contract No. C-22-24-081-X-01 Amendment No. 1 City of El Mirage – Fifth Ave Sanitary Amendment 1 Page 3 of 3 IN WITNESS, the Parties have approved and signed this Amendment No. 1: APPROVED BY: THE CITY OF EL MIRAGE Alexis Hermosillo Date Mayor APPROVED BY: MARICOPA COUNTY Clint Hickman Date Chairman, Board of Supervisors Attested to: Sharon Antes 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. 1 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 EL MIRAGE 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.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