HomeMy WebLinkAbout03/20/2023 Item 009MOHAVE COUNTY REQUEST FOR BOARD ACTION FORM
FROM: Michael Smith, Community Services Director
CONTACT/EXT: Michael Smith Ext. 4780
DATE: March 9, 2023
BOS MEETING DATE: March 20, 2023
SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY/ATTACH BACKUP MATERIAL:
FORMAL ACTION
CONSENT
RESOLUTION
OTHER
INFORMATION ONLY
Approve the Intergovernmental Agreement (IGA) between Mohave County and Chloride Domestic Water Improvement District
(CDWID) enabling Mohave County to provide compliance and procurement assistance with the Arizona Department of Housing
(ADOH) Funding Agreement for the CDWID as required by the ADOH State Community Development Block Grant (CDBG)
Program.
Per the Funding Agreement approved at the January 3rd, 2023 Board of Supervisors meeting, Mohave County will receive
$82,600 in CDBG funds under Arizona Department of Housing Contract #131-23 for water system improvements. Mohave
County procurement statue requires the IGA be executed between Mohave County and CDWID identifying specific functions,
responsibilities, and compliances with the CDBG Program.
RECOMMENDED MOTION:
Approve the Intergovernmental Agreement (IGA) between Mohave County and Chloride Domestic Water Improvement District
(CDWID) to enable Mohave County to provide compliance and procurement assistance with the Arizona Department of
Housing (ADOH) Funding Agreement for the CDWID as required by the ADOH State Community Development Block Grant
(CDBG) Program.
Reviewed and Approved By: �ye
County Attorney Human Resources I --]Finance County ManagerGisa
Board Action Taken:
Approved as Requested V---1 No Action Taken 0 Disapproved Q
Continued to = Approved with the following changes:
Acknowledged receipt and referred to:
Filed Bid
BOS Resolution
Filed Petition
Filed Land Sold
Filed Franchise
Filed Improvement District
Filing Information and Retrieval
Filed Agreement
Filed Yearly Correspondence
Filed Dedication
Filed Land Acquired
ID Resolution
Filed Other
Date Routed:
Additional Infor � In:Z
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CS Rewo 524
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INTERGOVERNMENTAL AGREEMENT
BETWEEN MOHAVE COUNTY
AND
CHLORIDE WATER IMPROVEMENT DISTRICT
This Intergovernmental Agreement (IGA) is entered into by and between Mohave
County, and Chloride Domestic Water Improvement District to enable Mohave County to
provide compliance and procurement assistance with the Arizona Department of Housing
Funding Agreement for the purchase of a generator for the Chloride Domestic Water
Improvement District.
Recitals
A. Whereas, Mohave County is a County within the State of Arizona pursuant to Arizona
Revised Statutes ("A.R.S.") Title 11, Chapter 1 at A.R.S. §11-101 and 11-110; and
B. Whereas, Chloride Domestic Water Improvement District (CDWID) is a special taxing
district, A.R.S. § 48-901 et seq.; and
C. Whereas, CDWID and Mohave County enter into this agreement pursuant to A.R.S. §11-
952; and
D. Whereas, Mohave County has received funding specifically for CDWID through the
Community Development Block Grant ("CDBG"); and
E. Whereas, Mohave County entered into the Funding Agreement with the Arizona
Department of Housing ("Funding Agreement") to accept funds on behalf of the CDWID,
attached and incorporated herein; and
F. Whereas, the item to be purchased for the CDWID is for the purchase and installation of a
backup generator for the facility located on Mineral Park Road; and
G. Whereas, due to the strict compliance requirements, Mohave County wishes to retain
control over the procurement process.
NOW, THEREFORE, The Parties, pursuant to the above, and in consideration of the
matters and things hereinafter set forth, do mutually agree as follows:
Agreement
1. Purpose. The purpose of this IGA is to set forth the terms and conditions for the
distribution of CDBG funds.
IGA between Mohave County and Chloride Domestic Water Improvement District
Page 1 of 6
2. Scope. This agreement shall govern the responsibilities of the parties. Mohave County
shall provide compliance and procurement assistance so that the requirements of the
Funding Agreement, federal, and state laws are complied with in fulfilling the Funding
Agreement. CDWID is the final recipient of the funds, and the funds shall be used to
provide CDWID with a generator.
3. Mohave County Responsibilities:
a. Mohave County agrees to provide the funding from the CDBG contained within
contract #131-23 between the State of Arizona Department of Housing and
Mohave County providing Community Development Block Grant Regional
Account (hereinafter "Funding Agreement").
b. Mohave County shall utilize the Mohave County Procurement Office to purchase
the generator on behalf of the CDWID in order to ensure the state and federal
procurement processes are adequately followed, as agreed to in the Funding
Agreement.
c. Mohave County shall work with CDWID to ensure their needs are met in
procuring the type of generator that is necessary for the CDWID's stated purpose.
d. Mohave County will receive eighty-two thousand, six hundred dollars
($82,600.00) which shall be utilized to purchase the generator, minus
administration costs up to the amount permitted, contained with the Funding
Agreement.
4. Chloride Domestic Water Improvement District Responsibilities:
a. CDWID agrees to remit at least seven thousand dollars ($7,000.00) in matching
funds for the CDBG to go toward the purchase and installation of the generator.
b. CDWID shall work in conjunction with the Mohave County Procurement Office
to assist, provide feedback and guidance in the selection and purchase of the
generator.
5. Term. The term of this IGA shall be effective as of the last date signed below and shall
continue in effect until January 15, 2024, the date the Funding Agreement expires,
unless this agreement or the Funding Agreement are sooner terminated, extended or
otherwise amended.
6. Disposal of Property. The intent of this IGA is for Mohave County to use CDBG and
CDWID for the procurement of a generator to be used by the CDWID for district
purposes. Upon termination of the IGA it is the intent of the parties that CDWID shall
have sole ownership of the generator.
IGA between Mohave County and Chloride Domestic Water Improvement District
Page 2 of 6
7. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold
harmless the other party (as Indemnitee) from and against any and all claims, losses,
liability, costs or expenses (including reasonable attorney's fees) (hereinafter
collectively referred to as "claims") arising out of bodily injury of any person
(including death) or property damage, but only to the extent that such claims which
result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials,
employees, or volunteers.
8. Insurance. Each party shall obtain and maintain at its own expense, during the entire
term of this Contract the following type(s) and amounts of insurance:
a) Commercial General Liability of at least One Million Dollars ($1,000,000) per
occurrence/Two Million Dollars ($2,000,000) aggregate.
b) Commercial or Business automobile liability coverage for owned, non -owned and
hired vehicles used in the performance of this Contract with limits of $1,000,000.00
combined single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property
Damage.
c) Workers' Compensation coverage in compliance with Arizona statute and
Employer's Liability insurance of not less than $1,000,000 for each accident,
$1,000,000 disease for each employee, and $ 1,000,000 disease policy limit.
d) Mohave County shall be named by CDWID as additional insured under CDWID's
Commercial General Liability and Auto Liability Coverage. Mohave County will
receive from CDWID's insurer a waiver of subrogation against the County for
Commercial General Liability, Auto Liability, and Worker's Compensation.
The Parties shall provide thirty (30) days written notice to the other party of this IGA of
cancellation, non -renewal or material change of coverage.
The above requirement may be alternatively met through self-insurance pursuant to
A.R.S. §§ 11-261 and 11-981 as applicable, or participation in an insurance risk pool
under A.R.S. § 11.952.01 at no less than the minimal coverage levels set forth in this
article. Parties to this agreement shall provide thirty (30) days written notice to all other
parties of cancellation, non -renewal or material change of coverage.
9. Compliance with Laws. The parties shall comply with all federal, state and local laws,
rules, regulations, standards and Executive Orders, without limitation to those
designated within this IGA, as well as the requirements contained within the Funding
Agreement for the Community Development Block Grant between the State of Arizona
and Mohave County. The laws and regulations of the State of Arizona shall govern the
rights of the parties, the performance of this IGA and any disputes hereunder.
Jurisdiction of any action brought under this agreement shall be in the Superior Court
of Arizona with the venue in Provider's County.
IGA between Mohave County and Chloride Domestic Water Improvement District
Page 3 of 6
10. Arbitration. The parties agree that in the event of any controversy which may arise out
of this agreement, or the underlying Funding Agreement, the parties agree to abide by
required arbitration if required under Arizona Revised Statutes.
11. Non -Discrimination. The parties shall not discriminate against any Provider or Client
employee, client or any other individual in any way because of that person's age, race,
creed, color, religion, sex, disability or national origin in the course of carrying out their
duties pursuant to this IGA. The parties shall comply with the provisions of Executive
Order 75-5, as amended by Executive Order 99-4, which is incorporated into this IGA
by reference, as if set forth in full herein.
12. ADA. The parties shall comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable
federal regulations under the Act, including 28 CFR Parts 35 and 36.
13. Severability. If any provision of this IGA or any application thereof to the parties or
any person or circumstances, is held invalid, such invalidity shall not affect other
provisions or applications of this IGA.
14. Conflict of Interest. This contract is subject to cancellation for conflict of interest
pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein
by reference.
15. Prohibited Contracts. No party shall employ the use of goods or services produced by
the forced labor of ethnic Uyghurs in the People's Republic of China pursuant to A.R.S.
§35-394.
16. Non -Appropriation. Not withstanding any other provision in this IGA, this IGA may
be terminated if for any reason the Provider's or Client's Board of Supervisors does not
appropriate sufficient monies to maintain the purpose of this IGA. In the event of such
cancellation, the parties shall have no further obligation to each other except for
payment for services rendered prior to cancellation.
17. Legal Authority. Neither party warrants to the other its legal authority to enter into
this IGA. If a court, at the request of a third person, should declare that either party
lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it
affected by such order, shall be null and void, and no recovery may be had by either
party against the other for lack of performance or otherwise.
18. Worker's Compensation. Each party shall comply with the notice of A.R.S. § 23-
1022 (E). For purposes of A.R.S. § 23-1022, irrespective of the operations protocol in
place, each party is solely responsible for the payment of Worker's Compensation
benefits for its employees.
19. No Joint Obligations. Neither party shall be liable for any debts, accounts, obligations
or other liabilities whatsoever of the other, including (without limitation) the other
IGA between Mohave County and Chloride Domestic Water Improvement District
Page 4 of 6
parry's obligation to withhold Social Security and income taxes for itself or any of its
employees.
20. No Third -Party Beneficiaries. Nothing in the provisions of this IGA is intended to
create duties or obligations to, or rights in, third parties not parties to this IGA or affect
the legal liability of either party to the IGA by imposing any standard of care with
respect to the maintenance of public facilities different from the standard of care
imposed by law.
21. Notice. Any notice required or permitted to be given under this IGA shall be in writing
and shall be served by delivery or by certified mail upon the other party as follows (or
at such other address as may be identified by a party in writing to the other party):
Mohave County Manager Chairman,
P.O. Box 7000 Chloride Domestic Water Improvement District
Kingman, AZ 86402-7000 P.O. Box 86
Chloride, AZ 86431
22. Entire Agreement. This document constitutes the entire Agreement between the
parties pertaining to the subject matter hereof, and all prior or contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged
herein. Modification, amendment, alteration, extension or any other change in this IGA
requires a written agreement specifically modifying this agreement, signed by both
Parties.
23. Termination. Either party may terminate this agreement for any reason by giving the
other party no less than thirty (30) days' notice in writing so long as the procurement
process has not been completed.
24. Execution in Counterparts. This agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which when taken
together shall constitute one and the same instrument. The signature page of any
counterpart may be detached therefrom without impairing the legal effect of the
signature(s) thereon, provided such signature page is attached to any other counterpart
identical thereto. Each of the Parties may sign any number of copies of this Agreement.
Each signed copy shall be deemed to be an original, but all of them together shall
represent one and the same agreement.
25. Compliance with A.R.S. § 11-952. The provisions of A.R.S. § 11-952(B) have been
inserted into this agreement. To the extent that any requirements have not been
identified they are hereby deemed to be incorporated.
SIGNATURES TO FOLLOW
IGA between Mohave County and Chloride Domestic Water Improvement District
Page 5 of 6
APPROVALS
NIOHAVE COU\TY: CHLORIDE DOKESTIC WATER
ItYIPROVI!:MENT DISTRICT:
2023 Date 202;
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Chair ��V(SOR Cha' inan
Board of Supen isors �QJ,..--O Board of Directors
AT i EST: C.) m 'TEST:
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Clerk of dle' lBoard *; * Clerk of the Board
Determinations of Counsel
The foregoing Intergovernmental Agreement between Provider and Client has been reviewed
pursuant to A.R.S. $ 11-952 by the undersigned, who have determined that it is in proper form
and is within the powers and authority granted under the Inws of the State of Arizona to those
parties to the Intergovernmental Agreement represented by the undersigned.
MOHAVE COUNTY:
Deputy County Attorney
CHLORIDE DOMESTIC WATER
IMPROVEINIENT DISTRICT:
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IGA hetween Mohave County and Chlnride Domestic Warer Imttrnveteent District
Pogo 6 of 6