C-number: C-22-19-038-3-01
Revision: 01
Item Text
51. AMENDMENT TO THE IGA WITH THE CITY OF SURPRISE FOR HOMELESSNESS PROGRAMS Approve Amendment No. 1 to the Intergovernmental Agreement (“Agreement”) between the City of Surprise (“Contractor”) and Maricopa County (the “County”) administered by its Human Services Department. The purpose of the Amendment is to address the following: A. In accordance with Section I (GENERAL PROVISIONS), Paragraphs 2.0 (TERM/EFFECTIVE DATE/RENEWAL LIFE OF THE AGREEMENT) and 3.0 (AMENDMENTS), extend the Agreement term from July 1, 2020, through June 20, 2021 (“Renewal Period No. 1). B. Add that the County shall provide the Subrecipient with $100,000 in fiscal year 2021 funding in return for the services provided under the Agreement during Renewal Period No. 1. C. Add the following new paragraph to Section I (GENERAL PROVISIONS): 48.0 WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01 If the Subrecipient engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, then the Subrecipient certifies it is not currently engages in, and agrees for the duration of this Agreement not to engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. D. Add the following new paragraph to Section I (GENERAL PROVISIONS): 49.0 FORCE MAJEURE 49.1 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, and interruption or failure of electricity or telecommunication service. 49.2 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. 49.3 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. E. Revise Section IV (COMPENSATION), Paragraph 4.0 (FUNDING), Subparagraph 4.5, as follows: Subject to the availability and authorization of funds, the anticipated funding for this Agreement for fiscal year 2021 is $100,000. F. Revise Section V (ATTACHMENTS) to add for fiscal year 2021 the attached Attachment B Operating Budget for Fiscal Year 2021. I. This Amendment No. 2 is subject to the provisions of A.R.S. § 38-511. II. The Agreement is amended to incorporate the changes contained in this Amendment No. 2. All other terms and conditions of the Agreement and Amendment No. 1 shall remain unchanged and in full force and effect as executed by the Parties. III. The Parties have authorized the undersigned to execute this Amendment No. 2, which shall be effective upon approval and signature by both Parties. The purpose of the Agreement is for the City to provide temporary emergency shelter services to individuals experiencing homelessness in the Surprise area. Supervisory District 4 (C-22-19-038-3-01)
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