Extracted text (via pymupdf)
8767 characters
C-22-21-132-X-04 Amendment No. 4 Arizona Fire and Medical Authority Page 1 of 4 AMENDMENT NO. 4 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. The 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. The 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). II. The Parties agree to enter into this Amendment No. 4 to amend the Agreement as follows: A. Revise Section 1 (General Provisions) to add the following paragraphs to the Agreement: 53.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 53.1 The Subrecipient warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not, use: 53.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 53.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 53.1.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the C-22-21-132-X-04 Amendment No. 4 Arizona Fire and Medical Authority Page 2 of 4 forced labor of ethnic Uyghurs in the People’s Republic of China. 53.2 If the Subrecipient becomes aware during the term of the Agreement that the Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Subrecipient to provide a written certification that the Subrecipient has remedied the noncompliance within one hundred eighty (180) days after notifying the County of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 54.0 FORCE MAJEURE 54.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 54.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 54.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. B. Revise Section 4 (Budget and Compensation) to address the following: 1. Increase the Agreement amount by $551,900 from $214,748 to $766,648 to complete the scope of work at the Tonopah and Wittmann fire stations. Due to the rural locations of Tonopah and Wittmann, it is necessary to increase the Agreement funding amount based on significantly higher initial bids and estimates. C-22-21-132-X-04 Amendment No. 4 Arizona Fire and Medical Authority Page 3 of 4 2. Paragraph 1.0 (Budget) delete in its entirety and replace with the following: Activity Budget Construction $766,648.00 Total $766,648.00 C. Change 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. 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. 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. V. The above contains all the changes to the Agreement made by this Amendment No. 4. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. VI. The Parties have authorized the undersigned to execute this Amendment No. 4, and it shall be effective upon approval and signature by both Parties. [Signatures contained on the following page] C-22-21-132-X-04 Amendment No. 4 Arizona Fire and Medical Authority Page 4 of 4 IN WITNESS, the Parties have approved and signed this Amendment No. 4: APPROVED BY: ARIZONA FIRE AND MEDICAL AUTHORITY ___________________________________ Mark Burdick Date Fire Chief APPROVED BY: MARICOPA COUNTY ____________________________________ Chairman Board of Supervisors Date Attestation: Joseph Hester Date Assistant Chief Attestation: Clerk of Board Date IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AMENDMENT NO. 4 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 4 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. 4 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 4 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