IGA AMENDMENT 1 RE SHELTER INFRASTRUCTURE WITH THE CITY OF TEMPE.PDF
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C-22-23-093-X-01 Amendment No. 1 City of Tempe Page 1 of 2 AMENDMENT 1 TO INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE CITY OF TEMPE I. Maricopa County (“County”), administered by its Human Services Department, and the City of Tempe (“City” or “Subrecipient”) entered into a financial Intergovernmental Agreement (“Agreement”), on or about May 24, 2023. The County and the City collectively are referred to as the “Parties” and individually as the “Party.” The purpose of the Agreement is for the County to provide the City with American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds (“ARPA”) for the acquisition and rehabilitation of the Apache Inn located at 1915 E. Apache Blvd, Tempe, AZ 85281. The execution of this project will provide shelter for a total of approximately 120 homeless individuals at any given time. This Amendment No. 1 shall be effective on the date it has been signed by both Parties (the “Effective Date.”) II. The Parties agree to enter into this Amendment No. 1 to amend the Agreement as follows: A. Modify Section 3.0 (Term of Agreement), by extending the Agreement term from June 30, 2024, through December 31, 2024. B. Revise Paragraph 13.0 (Notices), by updating the County contact with the following: 13.0 NOTICES For Maricopa County: Human Services Department Community Resilience Division TJ Reed, Assistant Director TJ.Reed@maricopa.gov 602-506-4841 234 N. Central Ave, 3rd Floor Phoenix, AZ 85004 C. Add the following Paragraph to the Agreement: 57.0 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. C-22-23-093-X-01 Amendment No. 1 City of Tempe Page 2 of 2 III. Under A.R.S. §38-511, the Parties may cancel this Agreement without penalty of further obligation within three years after execution of this Agreement if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County is, at any time while this Agreement or any extension is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of this Agreement with respect to the subject matter of this Agreement. IV. The Agreement is amended to incorporate the changes contained in this Amendment No. 1. All other terms and conditions of the Agreement remain in full force and effect as approved, amended and executed by the Parties. V. The Parties have authorized the undersigned to execute this Amendment No. 1 on their behalf. IN WITNESS, the Parties have approved and signed this Amendment No. 1: APPROVED BY: THE CITY OF TEMPE APPROVED BY: MARICOPA COUNTY ___________________________________ Mayor Date ____________________________________ Jack Sellers, Chairman Date Maricopa County Board of Supervisors Attested to: City Clerk Date 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 THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE CITY OF TEMPE UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: ___________________________________ City Attorney 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 THIS AGREEMENT 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: Deputy County Attorney Date