IGA AMENDMENT 1 RE SHELTER INFRASTRUCTURE WITH THE CITY OF TEMPE.PDF

Maricopa County — Formal (2024-06-12)

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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