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Contract No. C-22-23-038-X-01 Amendment No. 1 Town of Guadalupe PY22/FY23 Page 1 of 4 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN MARICOPA COUNTY AND TOWN OF GUADALUPE I. Maricopa County (“County”) and Town of Guadalupe (“Subrecipient”) fully executed a financial Agreement (“Agreement”) on or about November 2, 2022, to design and replace the wastewater system of the Town of Guadalupe, resulting in improved system reliability, capacity, and longevity for the residents. The County and the Subrecipient collectively are referred to here as the “Parties.” The Subrecipient will improve the wastewater system by removing potential blockages and relining/replacing existing wastewater pipes. The County provided the Subrecipient with $550,275 in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program Year/Fiscal Year 2022/2023 (PY/FY 22/23) funds under Assistance Listing Number (ALN) 14.218 . The term of the Agreement is from November 2, 2022, through November 1, 2024. II. The Parties now agree to amend the Agreement through this Amendment No. 1. This Amendment No. 1 is subject to and incorporates the provisions of A.R.S. § 38-511 and addresses the following: A. Revise Section 1 (GENERAL PROVISIONS) as follows: 1. Revise Paragraph 10.0 to add Subparagraph: 10.4 Subrecipient must ensure any Subaward recipient or subcontractor is compliant with all and general federal grant requirements, including reporting requirements. 2. Revise Paragraph 24.0 RECIPROCAL INDEMNIFICATION to add Subparagraph 24.1: 24.1 Subrecipient shall add an indemnity clause to all agreements with contractors receiving funds from this agreement requiring that contractor indemnity, defend and hold the County harmless and its officers, officials, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney and expert fees) (collectively referred to as “claims”) either arising from or related to breach of the contract, but only to the extent such claims are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions. 3. Remove Paragraph 25.0 INSURANCE in its entirety and replace with the following: 25.0 INSURANCE 25.1 The Subrecipient as a public entity is exempt from the Insurance requirements but shall provide a Certificate of Insurance. 25.1.1 The District shall ensure the Insurance thresholds are met: Contract No. C-22-23-038-X-01 Amendment No. 1 Town of Guadalupe PY22/FY23 Page 2 of 4 25.1.1.1 Commercial Umbrella a limit of no less than $2,000,000 for each occurrence; 25.1.1.2 General Aggregate Limit $4,000,000; and 25.1.1.3 Workers’ Compensation a limit of no less than $1,000,000 for each accident 4. Remove Paragraph 58.0 UYGHUR FORCED LABOR PREVENTION ACT in its entirety and replace with the following: 59.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 59.1 The Subrecipient warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not, use: 59.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 59.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 59.1.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 59.2 If the Subrecipient becomes aware during the term of the Agreement that the Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Subrecipient to provide a written certification that the Subrecipient has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 5. Add the following Paragraph: 59.0 SYSTEM FOR AWARD MANAGEMENT The Subrecipient shall have a valid Unique Entity Identifier (UEI) number and an active profile in the federal System for Award Management, or SAM.gov. Documentation of the UEI Number must be included in all project files. The Subrecipient must remain current with their registration throughout the term of the Agreement. Subrecipients and subcontractors will not receive a subaward until that entity has provided its UEI number. 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. 6. Add the following paragraph: 60.0 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. 7. Add the following Paragraph: 61.0 ACRONYMS AND DEFINITIONS Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are incorporated by reference. Contract No. C-22-23-038-X-01 Amendment No. 1 Town of Guadalupe PY22/FY23 Page 3 of 4 B. Revise Section 2 (SPECIAL PROVISIONS) as follows: 1 Revise Paragraph 2.0 COMPLIANCE WITH LAWS, RULES & REGULATIONS to add Subparagraphs: 2.3 The Subrecipient shall comply with federal, state, and County requirements as they relate to the general federal grant requirements. 2.4 The Subrecipient shall ensure compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, incorporated herein by reference. 2 Revise Paragraph 6.0 ADMINISTRATIVE REQUIREMENTS, Subparagraph 6.6 Subcontracts, to remove in their entirety and replace with the following Subparagraphs: 6.6.2 UEI Number: All Subcontractors shall have a valid UEI number and an active profile in the federal System for Award Management (SAM).Subcontractors will not receive a subaward until that entity has provided its UEI number. 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25 6.6.4 Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). The Subrecipient shall include the Section 3 clause in Subcontracts, as required, and shall take appropriate action under the Subcontract upon a finding that the Subcontractor is in violation of regulations issued by HUD/County. The Subrecipient shall not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 75 Subpart C. C. Revise Section 3 (WORK STATEMENT) as follows 1. Revise Paragraph 2.0 SCOPE OF WORK, Subparagraph 2.1 Project Description, by removing in its entirety and replacing with the following: 2.1 Project Description: The subrecipient shall complete design, engineering, and construction of the wastewater system to open, and cut repair 2 segments totaling 12 linear feet, 17 segments of cured-in-place pipe lining totaling 5,648 LF, and epoxy coat 5 manholes. The project will be located in the Town of Guadalupe. 2. Remove Paragraph 3.0 IMPLEMENTATION SCHEDULE in its’ entirety and replace with the following: 3.0 IMPLEMENTATION SCHEDULE Activity Duration Start End Design and Construction Documents 221 Days October 14, 2022 May 23, 2023 Bidding and Contract Approval 116 Days May 24, 2023 September 17, 2023 Construction 120 Days September 18, 2023 January 16, 2024 Closeout 104 Days January 17, 2024 April 30, 2024 III. The Agreement is amended to incorporate the changes contained in this Amendment No. 1. All other terms and conditions of the Agreement, and all previously fully executed Amendment shall remain in full force and effect as approved and amended as executed by the Parties. Contract No. C-22-23-038-X-01 Amendment No. 1 Town of Guadalupe PY22/FY23 Page 4 of 4 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. IN WITNESS, the Parties have approved and signed this Amendment No. 1: THE TOWN OF GUADALUPE: By: ___________________________________ Valerie Molina Date Mayor MARICOPA COUNTY: By: ____________________________________ Jack Sellers, Chairman Date Board of Supervisors Attested to: ___________________________________ Jeff Kulaga Date Town Clerk Attested to: ____________________________________ Juanita Garza Date Clerk of the Board 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 TOWN OF GUADALUPE UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: By: 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: By: ____________________________________ Deputy County Attorney Date