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Contract No. C-22-21-131-X-02 Amendment No. 2 Page 1 of 3 Town of Gila Bend AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGREEMENT FOR SERVICES 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”) on or about September 1, 2021. The purpose of the Agreement is for the Subrecipient to reconstruction Norma Street between Dodson and Johnny streets and Johnny Street between Norma and Papago streets and upgrade the existing water booster station. The County has provided the Subrecipient with $525,582 for the Norma and Johnny street reconstruction and $37,500 for the water booster station upgrades in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. The Agreement term began on July 1, 2021 and ends on June 30, 2023. The County and the Subrecipient collectively are referred to as the “Parties.” The Parties fully executed Amendment No. 1 on or about September 15, 2021. Among other things, it provided $125,800 to the Subrecipient to provide non-congregant shelter to 38 individuals and families who experienced substantial damage to their homes which are currently uninhabitable as a result of the August 14, 2021, flood in the Town of Gila Bend. The funding was provided by U.S. Department of Housing and Urban Development (HUD) Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116- 136, Community Development Block Grant Coronavirus (CDBG-CV). II. The Parties agree to amend the Agreement by this Amendment No. 2 as follows: A. The County shall provide the Subrecipient with: i. An additional $131,369 to complete reconstruction of Norma Street between Dodson and Johnny streets and Johnny Street between Norma and Papago streets. ii. An additional $37,500 to complete upgrades to the existing water booster station. B. The increase amount for this Agreement is $168,869. The funding for Amendment No. 2 is provided by Catalog of Federal Domestic Assistance (CFDA) Number 14.218, Community Development Block Grants/Entitlement Grants provided to the County through the U.S. Department of Housing and Urban Development (HUD). C. The Agreement amount shall now be increased to a total not-to-exceed amount of $857,751. D. Revise Section 4 (Budget and Compensation) Paragraph 1.0 (Budget) as follows: Activity Budget Norma Street Reconstruction $656,951.00 Booster Station Upgrades $75,000.00 CDBG-CV Homelessness Prevention – hotel units $125,800.00 Total $857,751.00 Contract No. C-22-21-131-X-02 Amendment No. 2 Page 2 of 3 Town of Gila Bend E. Revise Section 1 (General Provisions) to address the following: Add paragraph 53.0 (FORCE MAJEURE): 53.1 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. 53.2 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. 53.3 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. 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 the Parties. (Signatures are contained on the following page) Contract No. C-22-21-131-X-02 Amendment No. 2 Page 3 of 3 Town of Gila Bend IN WITNESS, the Parties have approved and signed this Amendment No. 2: APPROVED BY: THE TOWN OF GILA BEND ____________________________________ Chris Riggs Date Mayor Attested to: Town Clerk Date 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 THIS AMENDMENT NO. 2 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: Attorney for the Subrecipient Date APPROVED BY: MARICOPA COUNTY ____________________________________ Jack Sellers Date Chairman, Board of Supervisors Attested to: ____________________________________ Clerk, Board of Supervisors 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 THIS AMENDMENT NO. 1 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