TOWN OF YOUNGTOWN AMENDMENT 1.PDF
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Contract No. C-22-21-136-X-01 Amendment No. 1 Page 1 of 3 Town of Youngtown AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT FOR SERVICES BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE TOWN OF YOUNGTOWN I. Maricopa County (“County”), administered by its Human Services Department, entered into a financial Intergovernmental Agreement (“Agreement”) with the Town of Youngtown (“Subrecipient”) on or about July 2, 2021. The purpose of the Agreement is for the Subrecipient to install 10,500 linear feet of sidewalks in the area bounded by West Peoria Avenue to West Connecticut Avenue and North 111th Avenue to North 114th Avenue. The County has provided the Subrecipient with $350,000 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.” II. The Parties agree to amend the Agreement by this Amendment No. 1 as follows: A. Add that the County shall increase funding by $150,000 for the Subrecipient to complete the installation of 10,500 linear feet of ADA compliant sidewalk identified in Section 3 (Work Statement), Subparagraph 2.0 (Scope of Work) in the Agreement. B. The Agreement total amount shall be increased from $350,000 to $500,000. The funding for this Amendment No. 1 is provided by Catalog of Federal Domestic Assistance (CFDA) 14.218, U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. C. Revise Section 1 (General Provisions) to address the following: 1. Paragraph 50.0 (CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS), by deleting Subparagraph 50.3 and replacing it with the following: 50.3 The Town shall insert the substance of this clause, including this Subparagraph, in all Subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 2. 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, Contract No. C-22-21-136-X-01 Amendment No. 1 Page 2 of 3 Town of Youngtown 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. D. Revise Section 4 (Budget and Compensation), Paragraph 1.0 (Budget) as follows: Activity Budget Construction $500,000.00 Total $500,000.00 III. Section II above contains all the changes to the Agreement made by this Amendment No. 1. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. IV. This Amendment No.1 shall be effective on the date of final approval and signature by the Parties. (Signatures are contained on the following page) Contract No. C-22-21-136-X-01 Amendment No. 1 Page 3 of 3 Town of Youngtown IN WITNESS, the Parties have approved and signed this Amendment No. 1: APPROVED BY: THE TOWN OF YOUNGTOWN APPROVED BY: MARICOPA COUNTY ___________________________________ Michael LeVault Date Mayor ____________________________________ Jack Sellers Date Chairman, Board of Supervisors Attested to: Town Clerk Date Attested to: Clerk of the Board Date 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 THIS AMENDMENT NO. 1 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE TOWN OF YOUNGTOWN 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 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