AMENDMENT 6 RE COMMUNITY DEVELOPMENT BLOCK GRANT WITH AZ FIRE AND MEDICAL AUTHORITY.PDF
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C-22-21-132-X-06 Amendment No.6 Arizona Fire and Medical Authority Page 1 of 4 AMENDMENT NO.6 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE ARIZONA FIRE AND MEDICAL AUTHORITY I. Maricopa County (“County”), administered by its Human Services Department, entered into a financial Intergovernmental Agreement (“Agreement”) with the Arizona Fire and Medical Authority (“Subrecipient”) on or about June 23, 2021. The purpose of the Agreement is for the Subrecipient to install a back-up electrical generator at the Tonopah Fire Station. The County has provided the Subrecipient with $107,374 in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. The Agreement term is July 1, 2021, through June 30, 2023. The County and the Subrecipient collectively are referred to as the “Parties.” The Parties entered into Amendment No. 1 on or about September 15, 2021. Among other things, it provided $107,374 to the Subrecipient to install a back-up electrical generator at the Wittmann Fire Station. The funding was provided by U.S. Department of Housing and Urban Development (HUD), CFDA 14.218, Community Development Block Grant (CDBG). The Agreement funding amount increased to a not-to exceed amount of $214,748. The Parties entered into Amendment No. 2 on or about February 10, 2022. This Amendment revised Section 3 (Work Statement) of the Original Agreement, Paragraph 2.0 (Scope of Work) and Paragraph 3.0 (Implementation Schedule). The Amendment further revised Section 4 (Budget and Compensation), Paragraph 1.0 (Budget) and added a new subparagraph. The Parties entered into Amendment No. 3 on or about June 14, 2023. This Amendment extended the Termination Date from June 30, 2023, through June 30, 2024, and revised Section 3 (Work Statement) of the Original Agreement, Paragraph 3.0 (Implementation Schedule) to replace with a new schedule. The Parties entered into Amendment No. 4 on or about January 10, 2024. This Amendment revised Section 1 (General Provisions) to add UFLPA and Force Majeure provisions, revised Section 4 (Budget and Compensation) to increase the Agreement amount by $551,900 for scope of work changes, revised and replaced Paragraph 1.0 (Budget) to reflect a new total budget in the amount of $766,648, and changed the funding source for all activities to be completed under this Agreement from Community Development Block Grant (CDBG) funds to Community Development Block Grant CARES Act (CDBG-CV) funds. The Parties entered into Amendment No. 5 on or about June 12, 2024.This Amendment extended the Termination Date from June 30, 2024, through October 31, 2025. In Section 3 (Work Statement), Paragraph 3.0 (Implementation Schedule) was replaced with a new implementation schedule. C-22-21-132-X-06 Amendment No.6 Arizona Fire and Medical Authority Page 2 of 4 Administrative Change Order No.1 was fully executed on March 27, 2025. The Administrative Change Order further revised Section 4 (Budget and Compensation), Paragraph 2.0 (Compensation), Subparagraph 2.3, to incorporate Community Development Block Grant funds in as an additional funding source for the Agreement. The Agreement amount remained unchanged. II. The Parties agree to enter into this Amendment No.6 to amend the Agreement as follows: A. Extend the Termination Date from October 31, 2025, through August 31, 2026. B. In Section 1 (General Provisions), revise and replace the following: 1. In Paragraph 12.0 (Budget Adjustments): 12.2 The Subrecipient must receive prior written approval from the County to move funds from one budget line item to another. Budget adjustments that do not change the total Agreement amount may be documented by an Administrative Change Order reviewed and executed by the Chairman of the Board of Supervisors and the Subrecipient’s authorized Representative and defined in Section 2 (Special Provisions), Paragraph 13.3.18. If a budget adjustment is necessary that either increases or decreases the Agreement amount, then the County shall follow Section 1 (General Provisions), Paragraph 4.0 (Amendments) of this Agreement to amend the Agreement. C. In Section 2 (Special Provisions), revise and replace the following: 1. In Paragraph 7.0 (Administrative Requirements): 7.4.2 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 and shall not receive a subaward until that entity has provided its UEI number per 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. 7.7.2 UEI Number: All Subcontractors shall have a valid UEI number and an active profile in the federal System for Award Management (SAM) and shall not receive a subaward until that entity has provided its UEI number per 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25 2. Revise and replace Paragraph 13.3.18 (Administrative change Orders) with the following: 13.3.18 ADMINISTRATIVE CHANGE ORDERS - The Chairman of the Board of Supervisors is authorized, upon the recommendation of the Human Services Department Director and Legal Counsel, to review and execute administrative changes to the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders C-22-21-132-X-06 Amendment No.6 Arizona Fire and Medical Authority Page 3 of 4 will be effective upon execution by both the Parties. Administrative Change Orders shall address any of the following changes: 13.3.18.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 13.3.18.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 13.3.18.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 13.3.18.4 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by the U.S Department of Treasury or local regulations, policies or requirements. 3. Add Paragraph 14 (Reversion of Assets) to the Agreement: 14.0 REVERSION OF ASSETS Unexpended funds must be de-obligated and returned to the County for reallocation. At the expiration of this Agreement, the County, upon recommendation of the Maricopa County Community Development Advisory Committee (CDAC), may reallocate any unencumbered funds per the CDAC Policy Manual as written in Special Provisions, Paragraph 8.0 (Policy/Administrative Manuals Use). A written letter to de-obligate funds will be sent to the Subrecipient from the County a minimum of ninety (90) calendar days prior to termination of this Agreement. D. In Section 3 (Work Statement), revise and replace Paragraph 3.0 (Implementation Schedule) with the following: 3.0 IMPLEMENTATION SCHEDULE III. Section II above contains all the changes made by this Amendment No. 6. The Agreement is amended to incorporate the changes contained in this Amendment No. 6. All other terms and conditions of the Agreement remain in full force and effect as executed by the Parties. This Amendment No. 6 is subject to and incorporates the provisions of A.R.S. § 38-511. IV. The Parties have authorized the undersigned to execute this Amendment No. 6 on their behalf, and it shall be effective upon approval and signature by both Parties. [Signatures contained on the following page] Activity Duration Start End Scope of Work 729 Days July 1, 2021 June 30, 2023 Bidding and Contract Approval 61 days July 1, 2023 August 31, 2023 Construction 852 days September 1, 2023 December 31, 2025 Closeout 30 days January 1, 2026 January 31, 2026 C-22-21-132-X-06 Amendment No.6 Arizona Fire and Medical Authority Page 4 of 4 IN WITNESS, the Parties have approved and signed this Amendment No.6: APPROVED BY: ARIZONA FIRE AND MEDICAL AUTHORITY ___________________________________ Mark Burdick Date Fire Chief APPROVED BY: MARICOPA COUNTY _____________________________________ Thomas Galvin, Date Chairman, Board of Supervisors Attestation: ___________________________________ Joseph Hester Date Assistant Chief Attestation: ____________________________________ Juanita Garza Date Clerk of Board IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AMENDMENT NO. 6 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS ADMINISTRATIVE CHANGE ORDER NO.1 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE ARIZONA FIRE AND MEDICAL AUTHORITY UNDER THE LAWS OF THE STATE OF ARIZONA. IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 6 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 5 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: Attorney for the Subrecipient Date APPROVED AS TO FORM: Deputy County Attorney Date