IGA AMENDMENT RE CDBG EMERGENCY EQUIPMENT WITH AFMA.PDF
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C-22-21-132-X-05 Amendment No. 5 Arizona Fire and Medical Authority Page 1 of 3 AMENDMENT NO. 5 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 Section1 (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) in its entirety and replaced with 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. II. The Parties agree to enter into this Amendment No. 5 to amend the Agreement as follows: A. Extend the Termination Date from June 30, 2024, through October 31, 2025. B. Revise Section 3 (Work Statement), Paragraph 3.0 (Implementation Schedule) to delete in its entirety and replace with the following Implementation Schedule: C-22-21-132-X-05 Amendment No. 5 Arizona Fire and Medical Authority Page 2 of 3 Activity Duration Start End Scope of Work 2 years July 1, 2021 June 30, 2023 Bidding and Contract Approval 60 days July 1, 2023 August 31, 2023 Construction 730 days September 1, 2023 August 31, 2025 Closeout 30 days September 1, 2025 September 30, 2025 III. 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. IV. This Amendment No. 5 is subject to and incorporates the provisions of A.R.S. § 38-511. The Agreement is amended to incorporate the changes contained in this Amendment No. 5. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. V. The Parties have authorized the undersigned to execute this Amendment No. 5 on their behalf and it shall be effective upon approval and signature by both Parties. [Signatures contained on the following page] C-22-21-132-X-05 Amendment No. 5 Arizona Fire and Medical Authority Page 3 of 3 IN WITNESS, the Parties have approved and signed this Amendment No. 5: APPROVED BY: ARIZONA FIRE AND MEDICAL AUTHORITY ___________________________________ Mark Burdick Date Fire Chief APPROVED BY: MARICOPA COUNTY _____________________________________ Jack Sellers, Chairman Date 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. 5 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 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. 5 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