IGA AMENDMENT 1 RE AFFORDABLE HOUSING WITH CITY OF TOLLESON.PDF
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Contract No. C-22-24-015-X-01 Amendment No. 1 City of Tolleson Page 1 of 3 AMENDMENT NO 1 TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF TOLLESON I. Maricopa County (“County”), administered by its Human Services Department, and the City of Tolleson (“City” or “Subrecipient”) entered into a financial Agreement, which was fully executed on or about October 3, 2023. The County and the Subrecipient collectively are referred to here as the “Parties.” The purpose of the Agreement is for the Subrecipient to improve housing conditions and maintain affordable housing for residents in the Tolleson area. The Subrecipient shall administer Owner-Occupied Housing Rehab Program and either directly or through an eligible subrecipient or contractor, partially fund the repair or rehabilitation of approximately 18 owner-occupied homes for eligible households with low-to-moderate income (“Project”). The County provided the Subrecipient with $1,000,000 in American Rescue Plan Act (ARPA) Funds provided to the County by the U. S. Department of Treasury under Assistance Listing Number 21.027. The term of the Agreement is September 27, 2023, through December 31, 2025. The Parties fully executed Administrative Change Order (AOC) No. 1 on or about December 7, 2023, which updated Agreement terms and added Paragraphs 56.0 (Acronyms And Definitions) and 57.0 (Provisions Required By Law). The ACO also revised Exhibit A - Statement of Work, section 5.0, Budget by revising line-item categories. The overall Agreement budget remains unchanged, revision to be retroactive to September 27, 2023. II. The Parties now agree enter into this Amendment No. 1 to amend the Agreement as follows: A. Extend the Agreement term from December 31, 2025, through December 31, 2026. B. Revise paragraph 5.0 (Administrative Change Order) by removing in its entirety and replacing 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; Contract No. C-22-24-015-X-01 Amendment No. 1 City of Tolleson Page 2 of 3 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. Add the following Paragraph to the Agreement: 58.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 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 following page] Contract No. C-22-24-015-X-01 Amendment No. 1 City of Tolleson Page 3 of 3 IN WITNESS, the Parties have approved and signed this Amendment No. 1: APPROVED BY: The City of Tolleson ___________________________________ Mayor Date APPROVED BY: MARICOPA COUNTY ____________________________________ Jack Sellers, Chairman Date Board of Supervisors Attested to: City Clerk Date Attested to: Juanita Garza, Clerk of the Board Date IN ACCORDANCE WITH A.R.S. §§ 9-240, 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 TOLLESON UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: City Attorney 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