IGA AMENDMENT RE TOWN OF GILA BEND.PDF
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Contract No. C-22-22-050-X-05 Amendment No. 5 Town of Gila Bend Page 1 of 4 AMENDMENT NO. 5 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE TOWN OF GILA BEND I. Maricopa County (“County”), administered by its Human Services Department, entered into a financial Intergovernmental Agreement (“Agreement”) with the Town of Gila Bend (“Subrecipient”) which was fully executed on or about December 21, 2021, for completion of two (2) Scopes of Work in the Town of Gila Bend. The Agreement Start date is December 1, 2021, and the Termination date is March 31, 2023. The County and the Subrecipient collectively are referred to as the “Parties.” The Subrecipient shall: 1). Renovate the Gila Bend Community Center located at 202 East Euclid Avenue. The County provided the Subrecipient with $450,000 in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant CARES Act (CDBG-CV) funding under Assistance Listing Number (ALN) 14.218. 2). Reconstruct sewer lines at two (2) locations along the south side of Papago Street between Washington Street and Cholla Avenue. The County provided the Subrecipient with $500,000 in American Rescue Plan Act (ARPA) funds under ALN 21.027. The Parties executed Amendment 1 on or about October 5, 2022, the purpose of the Amendment was for the County to provide the Subrecipient with $50,000 in CDBG-CV ALN 14.218 funding for the expansion of the renovations scope of work to include renovation of the Community Center HVAC system. Section 2 (Special Provisions), Paragraph 4.0 (Audit Requirements) was revised and replaced in its entirety. Section 3 (Work Statement), Paragraph 2.0 (Scope of Work), Subparagraph 2.1 (Project Description) was revised and replaced in its entirety. Section 4 (Budget and Compensation), Paragraph 1.0 (Budget) was revised and replaced in its entirety. The Parties executed Amendment 2 on or about November 16, 2022, the purpose of the Amendment was to revise Section 3 (Work Statement), Paragraph 3.0 Scope of Work B, Subparagraph 3.1 (Project Description) to add the procurement of professional services by the Subrecipient to conduct field inventory, mapping, and documentation of the existing municipal wastewater management system, audit the capacity and integrity, and to develop a Capacity, Management, Operations and Maintenance (CMOM) program. Funding for this activity was funded by the ARPA funds provided in the original Agreement. The Parties executed Amendment 3 on or about March 29, 2023. The purpose of the Amendment was for the County to provide the Subrecipient with $500,000 in CDBG-CV ALN 14.218 funding to complete renovation of the Gila Bend Community Center. The total Agreement funding was increased to a not-to-exceed amount of $1,500,000. The term of the Agreement was extended through September 30, 2023. Required contract language was added in Section 1 (General Provisions), Subparagraph 54 (Uyghur Forced Labor Prevention Act). Contract No. C-22-22-050-X-05 Amendment No. 5 Town of Gila Bend Page 2 of 4 Section 3 (Work Statement) was revised in Amendment 3 in the following subparagraphs: 2.0 Scope of Work A, 2.6 (Implementation Schedule) to extend the activity timeline from January 2023 through July 26, 2023. 3.0 Scope of Work B, 3.1 (Project Description) to revise language in Subparagraph 3.1 (Project Description) and extend Subparagraph 3.6 (Period of Funding) expenditure timeline through July 26, 2023. The Parties executed Amendment 4 on or about September 27, 2023.The purpose of the Amendment was to update the information for the County contact and extend the Agreement term from September 30, 2023, through September 30, 2024. Section 3 (Work Statement) was revised in Amendment 4 in the following subparagraphs: 2.0 Scope of Work A, 2.6 (Implementation Schedule) to extend the activity timeline through October 24, 2024. 3.0 Scope of Work B, 3.6 (Period of Funding) to extend expenditure timeline through September 30, 2024. II. The Parties now agree to amend the Agreement by this Amendment No. 5 as follows: A. Change Lead Agency Representative for Maricopa County Representative: Jamie Macfarlane, Assistant Director, Housing and Community Development, Human Services Department Phone: 602-506-5813 E-Mail: jamie.macfarlane@maricopa.gov Address: 234 North Central Avenue, 3rd Floor, Phoenix, AZ 85004 B. Extend the Agreement term from September 30, 2024, through December 31, 2024. C. Add the following Paragraph to the Agreement in Section 1 (General Provisions): 57.0 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. D. Revise and replace Subparagraph 7.4.2 (DUNS Number and SAM Profile) in Section 2 (Special Provisions) in its entirety with the following: 7.4.2 UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION Recipient of federal funding must obtain Unique Entity Identifier (UEI) and remain current with their registration in www.sam.gov. The Subrecipient and all subcontractors or subrecipients shall have a valid UEI and an active profile in SAM.gov. Documentation of the UEI Number must be included in all Project files. Contract No. C-22-22-050-X-05 Amendment No. 5 Town of Gila Bend Page 3 of 4 E. Revise and replace Subparagraph 13.1.8 (Administrative Change Orders) in Section 2 (Special Provisions) in its entirety with the following: 13.1.18 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: 13.1.18.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 13.1.18.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 13.1.18.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 13.1.18.4 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. F. Revise Section 3 (Work Statement) in the following subparagraphs: 2.0 Scope of Work A, 2.6 (Implementation Schedule), delete in its entirety and replace with the following: Activity Duration Start End Scope of Work 168 days June 1, 2022 November 15, 2022 Bidding & Contract Approval 78 days November 15, 2022 January 31, 2023 Construction 638 days February 1, 2023 October 31, 2024 Closeout 16 days November 1, 2024 November 30, 2024 3.0 Scope of Work B, add Subparagraph 3.7 (Implementation Schedule): Activity Duration Start End Bidding 8 days September 16, 2024 September 24, 2024 Contract Award Finalized 1 day September 24, 2024 September 24, 2024 Construction 5 days September 25, 2024 September 30, 2024 Closeout 30 days October 1, 2024 October 30, 2024 III. Under A.R.S. §38-511, the Parties may cancel this Agreement without penalty of further obligation within three years after execution of this Agreement if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County is, at any time while this Agreement or any extension is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of this Agreement with respect to the subject matter of this Agreement. Contract No. C-22-22-050-X-05 Amendment No. 5 Town of Gila Bend Page 4 of 4 IV. 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. V. Section II above contains all the changes made by this Amendment No. 5. All other terms and conditions of the Agreement and previously approved Amendments shall remain the same and in full force and effect as approved and amended. VI. The Parties have authorized the undersigned to execute this Amendment No. 5 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. 5: APPROVED BY: THE TOWN OF GILA BEND ___________________________________ Tommy Sikes Date Mayor APPROVED BY: MARICOPA COUNTY ____________________________________ Jack Sellers, Chairman Date Board of Supervisors Attestation: Beth Sanchez Date Town Clerk Attestation: Juanita Garza Date Clerk of Board IN ACCORDANCE WITH A.R.S. §§ 9-240, 9- 500.11, 11-952, AND 46-241, ET SEQ., THIS AMENDMENT NO. 5 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE TOWN OF GILA BEND UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: BY: ________________________________ Attorney for the Town Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11- 251, AND 11-952, THIS AMENDMENT NO. 5 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: BY: _________________________________ Deputy County Attorney Date