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 xC: !� CS Rewo 524 '-� ha 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; j Chair ��V(SOR Cha' inan Board of Supen isors �QJ,..--O Board of Directors AT i EST: C.) m 'TEST: cc 1 < Cl) ��4aL��'U�, � .o 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: 3. ;glotaj Z r, C-- 0,r,t,Y 'T / La VV IGA hetween Mohave County and Chlnride Domestic Warer Imttrnveteent District Pogo 6 of 6