CITY OF SURPRISE IGA AMENDMENT 2 RE WORKFORCE DEVELOPMENT AND TRAINING SERVICES.PDF

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 1 of 11 
AMENDMENT NO. 2 
TO THE 
INTERGOVERNMENTAL AGREEMENT  
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND 
CITY OF SURPRISE 
 
I. 
Maricopa County (the “County”), administered by its Human Services Department, and 
the City of Surprise (“City”) entered into a financial Intergovernmental Agreement 
(“Agreement”) to integrate the County’s workforce development system into the City’s 
social and community services resource network. The Agreement was fully executed on 
or about June 28, 2023. Under the Agreement, the City provides funds to the County for 
program service delivery. The current Agreement term is July 1, 2023, through June 30, 
2026, which provided funding for Fiscal Year 2024 in through Fiscal Year 2026, with FY26 
funding in the amount of $57,584. The County and the City collectively are referred to as 
the “Parties” and individually as the “Party.” 
 
II. 
The Parties now agree to enter into this Amendment No. 2 to amend the Agreement as 
follows: 
 
A. 
Extend the Agreement expiration date from July 1, 2026, through June 30, 2028. 
 
B. 
Revise and replace paragraph 7.0 (FUNDING), with the following: 
7.0 
FUNDING 
7.1 
The City shall provide the County with the amounts defined in the 
Itemized Service Budget (ISB), Attachment A, per fiscal year. The 
ISB has been developed between the Parties and is incorporated 
into this Agreement. 
7.2 
The anticipated costs for the Agreement term: 
7.2.1 The City shall compensate the County in an amount not to 
exceed $61,701 for the period of July 1, 2026, through June 
30, 2027. 
7.2.2 The City shall compensate the County in an amount not to 
exceed $63,794 for the period of July 1, 2027, through June 
30, 2028. 
 
C. 
Revise and replace Paragraph 6.0 (Administrative Change Order) in its entirety 
with the following: 
6.0 
ADMINISTRATIVE CHANGE ORDERS 
6.1 
The Chair of the Board of Supervisors is authorized, upon the 
recommendation of the Human Services Department Director and 
Legal Counsel, to review and execute administrative changes to the 
Agreement on behalf of the County through Administrative Change 
Orders. Administrative Change Orders will be effective upon 
execution by both the Parties. Administrative Change Orders shall 
address any of the following changes: 
6.1.1 Modifications to the project timeline if the last day of the 
project timeline is within the Agreement term.

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 2 of 11 
6.1.2 Modifications to Budget line items if the Agreement amount 
remains unchanged. 
6.1.3 Modifications required by federal, state, or County 
regulations, ordinances, or policies; and/or 
6.1.4 Modifications to Administrative requirements such as 
changes in reporting periods, frequency of reports, or report 
formats required by federal, state, and local regulations, 
policies, or requirements. 
 
D. 
Add the following Paragraphs to the Agreement: 
 
32.0 
EQUAL EMPLOYMENT OPPORTUNITY 
32.1 
The Parties shall not discriminate against any employee or 
applicant for employment because of race, age, disability, color, 
religion, sex, sexual identity, gender identity, or national origin. 
32.2 
The Parties shall take affirmative action to ensure that applicants 
are employed and that employees are treated during employment 
without regard to their race, age, disability, color, religion, sex 
sexual identity, gender identity, or national origin. Such action shall 
include, but is not limited to, the following: employment, upgrading, 
demotion or transfer, recruitment or recruitment advertising, lay-off 
or termination, rates of pay or other forms of compensation, and 
selection for training, including apprenticeship.  
32.3 
The Parties will, in all solicitations or advertisements for employees 
placed by or on behalf of the City, state that it is an Equal 
Opportunity or Affirmative Action employer. 
32.4 
The Parties shall post on public display for all employees that it is 
an Equal Opportunity or Affirmative Action employer. 
32.5 
The Parties shall and shall cause their respective contractors and 
subcontractors to comply with: 
32.5.1 Title VI and VII of the Civil Rights Act of 1964, as amended 
(42 U.S.C. §§ 2000a, et seq.); 
32.5.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 
701, et seq.). 
32.5.3 the Age Discrimination in Employment Act of 1967, as 
amended (29 U.S.C. §§ 621, et seq.); 
32.5.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 
12101, et seq.); and 
32.5.5 Arizona Executive Order 2009-09, as amended, et seq. 
which mandates that all persons shall have equal access to 
employment opportunities. 
32.6 
The Parties shall include the above listed provisions in every 
subcontract or purchase order, specifically or by reference. The 
inclusion of these provisions is binding and a requirement of this 
Agreement. 
 
33.0 
IMMIGRATION LAWS AND REGULATIONS 
33.1 
Federal Immigration and Nationality Act 
33.1.1 The Parties understand and acknowledge the applicability 
of the Immigration Reform and Control Act of 1986 (“IRCA”). 
The Parties agree to comply with the IRCA in performing

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 3 of 11 
under this Agreement and to permit the other Party to 
reasonably inspect personnel records to verify such 
compliance, to the extent required by law. 
33.1.2 By entering into this Agreement, the Parties warrant 
compliance with the Federal Immigration and Nationality Act 
(“FINA”) and all other federal immigration laws and 
regulations related to the immigration status of its 
employees. The Parties shall obtain statements from their 
subcontractors certifying compliance and shall furnish the 
statements to either Party upon request. These warranties 
shall remain in effect through the term of the Agreement. 
The Parties and their subcontractors shall also maintain 
Employment Eligibility Verification forms (“I-9”) as required 
by the U.S. Department of Labor’s Immigration and Control 
Act for all employees performing work under the Agreement. 
I-9 forms are available for download at USCIS.GOV. 
33.1.3 The Parties may request verification of compliance for any 
employee, contractor or subcontractor performing work 
under the Agreement. Should the Parties suspect or find 
that either Party or any of its contractors or subcontractors 
are not in compliance, then the compliant Party may pursue 
any and all remedies allowed by law, including, but not 
limited to: suspension of work, termination of the Agreement 
for default, and suspension or debarment (or both) of the 
non-compliant Party. All costs necessary to verify 
compliance are the responsibility of the non-compliant Party 
or its contractors or subcontractors. 
33.2 
Arizona Law: The Parties warrant that they are in compliance with 
A.R.S. § 41-4401 (E-Verify requirements) and further acknowledge 
that: 
33.2.1 The Parties and their respective Vendors, if any, warrant 
their compliance with all federal immigration laws and 
regulations that relate to their employees and their 
compliance with A.R.S. § 23-214; 
33.2.2 A breach of a warranty under Subparagraph 33.2.1 shall be 
deemed a material breach of this Agreement and either 
Party may immediately terminate this Agreement without 
liability; and 
33.2.3 The Parties and any respective contracting government 
entity retain the legal right to inspect the papers and 
employment records of the other Party or its Vendor’s or 
Subcontractor’s employees who work on this Agreement to 
ensure that the other Party or Subcontractor or Vendor is 
complying with the warranty provided under Subparagraph 
33.2.1 and that the Parties mutually agrees to make all 
papers and employment records of those employees 
available during normal working hours in order to facilitate 
such an inspection.

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 4 of 11 
34.0 
SYSTEM FOR AWARD MANAGEMENT 
The City shall have a valid Unique Entity Identifier (UEI) number and an 
active profile in the federal System for Award Management, or SAM.gov. 
Documentation of the UEI Number must be included in all project files. The 
City must remain current with their registration throughout the term of the 
Agreement per 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. Any 
subcontractors under the Agreement will not receive a subaward until that 
entity has provided its UEI number 2 C.F.R. § 25.300; Appendix A to 2 
C.F.R. § 25. 
 
35.0 
EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO 
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 
35.1 
The Parties agrees that this Agreement and their employees 
working on this Agreement will be subject to the whistleblower rights 
and remedies in the federal pilot program established at 41 U.S.C. 
§ 4712 by Section 828 of the National Defense Authorization Act for 
Fiscal Year 2013 (Pub. L. 112–239) and Section 3.908 of the 
Federal Acquisition Regulation; 
35.2 
The City shall inform its employees in writing, in the predominant 
language of the workforce, of employee whistleblower rights and 
protections under 41 U.S.C. § 4712, as described in Section 3.908 
of the Federal Acquisition Regulation. Documentation of such 
employee notification must be kept on file by the City and copies 
provided to County upon request; and 
35.3 
The Parties shall insert the substance of this clause, including this 
Paragraph 35.0, in all subcontracts over the agreed upon simplified 
acquisition threshold ($250,000 as of June 2021). 
 
36.0 
UNIFORM ADMINISTRATIVE REQUIREMENTS 
By entering into this Agreement, the Parties agree to comply with all 
applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM 
ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT 
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. 
§§ 200, et seq, and OMB Circulars. 
 
37.0 
RETENTION OF RECORDS 
37.1 
This provision applies to all financial and programmatic records, 
supporting document, statistical records, and other records of the 
Parties that are related to this Agreement. 
37.2 
The Parties shall keep and maintain such books, documents, 
papers and records in accordance with 2 CFR 200.333 et seq. and 
under A.R.S. §§ 41-151.14 and 41-151.15, for a period of at least 
six (6) years after the expiration or termination of this Agreement or 
six (6) years after the submission of the annual performance and 
evaluation report as prescribed in 24 CFR 91.520. The Parties right 
of access is not limited to the retention period but lasts so long as 
the records are retained by the Parties. The Parties shall permit 
independent auditors access to its records and financial statements 
as necessary to comply with federal audit requirements.

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 5 of 11 
38.0 
STRICT COMPLIANCE 
One Party’s acceptance of the other Party’s performance that is not in strict 
compliance with the terms of this Agreement, shall not be deemed to waive 
the requirements of strict compliance for all future performance. All 
changes in performance obligations under this Agreement shall be in 
writing and signed by both Parties. 
 
39.0 
DISPUTES 
39.1 
Except as otherwise provided for in this Agreement, the Parties may 
attempt to informally resolve any dispute arising out of this 
Agreement for a reasonable period of time, but which shall not 
exceed ninety (90) calendar days. Disputes which are not resolved 
in that time period shall be submitted in accordance with the 
following formal dispute resolution process. 
39.2 
Notice of the specific grounds of a formal dispute shall be in writing 
and filed with the County Representative listed in the Notices 
paragraph within ten (10) business days from the expiration of the 
informal dispute resolution process described above in 39.1. 
39.3 
The County Representative shall respond in writing to the City 
within fourteen (14) business days. The decision of the County 
Representative shall be final and conclusive unless, within seven 
(7) business days after the date the City is served with the decision, 
the City files a written notice of appeal with the Human Services 
Department Director. 
39.4 
The Department Director shall provide the City with a written 
response within fourteen (14) business days following receipt of the 
notice of appeal. The decision of the Director shall be final.  
39.5 
In the event the City disagrees with the Director’s decision, the City 
shall have every existing and future right or remedy available by law 
or in equity to resolve the dispute. If the Parties fail to come to a 
resolution through the dispute process set forth in this Section 39.0, 
either Party may pursue formal litigation. 
 
40.0 
CLEAN AIR ACT 
If the total face value of this Agreement exceeds $100,000, the Parties 
agree to comply with all regulations, standards and orders issued pursuant 
to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to 
the extent any are applicable by reason of performance of this Agreement. 
 
41.0 
LOBBYING 
41.1 
No federal appropriated funds have been paid or will be paid by or 
on behalf of the Parties to any person for influencing or attempting 
to influence an officer or employee of any agency, a member of 
Congress, an officer or employee of Congress, or an employee of 
a member of Congress in connection with the awarding of any 
federal agreement, the making of any federal grant, the making of 
any federal loan, the entering into of any cooperative agreement, 
and the extension, continuation, renewal, amendment, or 
modification of any federal agreement, grant, loan, or cooperative 
agreement.

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 6 of 11 
41.2 
If any funds, other than federal appropriated funds, have been paid 
or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a member of 
Congress, an officer or employee of Congress, or an employee of 
a member of Congress in connection with any federal agreement, 
grant, loan or cooperative agreement, then the Party shall complete 
and submit OMB Form-LLL, titled "Disclosure of Lobbying 
Activities," in accordance with its instructions and 31 U.S.C. § 1352. 
 
42.0 
RELIGIOUS ACTIVITIES 
The Parties warrant that none of their costs and none of the costs incurred 
by them or any of their contractors or subcontractors will include any 
expense related to any religious activities. 
 
43.0 
POLITICAL ACTIVITY PROHIBITED 
None of the funds, materials, property, or services contributed by the 
County under this Agreement shall be used for any partisan political 
activity, or to further the election or defeat of any candidate for public office. 
 
44.0 
COVENANT AGAINST CONTINGENT FEES 
The City warrants that no persons or entities have been employed or 
retained by it to solicit or secure this Agreement upon an agreement or 
understanding for a commission, percentage, brokerage, or contingent fee. 
For breach or violation of this warranty, the County may immediately 
terminate this Agreement without liability. 
 
45.0 
RECOGNITION OF COUNTY SUPPORT 
The City shall give recognition to the County and the funding source for its 
support when the City publishes materials or releases public information 
that is paid for in whole or in part with funds received by the City under this 
Agreement. 
 
46.0 
OFFSHORE PERFORMANCE OF WORK PROHIBITED 
Due to security and identity protection concerns, direct services under this 
Agreement shall be performed within the borders of the United States. Any 
services that are described in the specifications or scope of work that 
directly serve the State of Arizona or its clients and may involve access to 
secure or sensitive data or personal client data or development or 
modification of software for the State shall be performed within the borders 
of the United States. Unless specifically stated otherwise in the 
specifications, this definition does not apply to indirect or “overhead” 
services, redundant back-up services, or services that are incidental to the 
performance of the Agreement. This provision applies to all work performed 
by Cities or Subcontractors at all tiers. 
 
47.0 
ADMINISTRATIVE REQUIREMENTS 
47.1 
Accounting Standards – The Parties agrees to comply with this 
Agreement and to adhere to the accounting principles and 
procedures required to utilize adequate internal controls and 
maintain necessary source documentation for all costs incurred, as 
well as any applicable federal laws and regulations. The Parties

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 7 of 11 
further agrees to maintain an adequate accounting system that 
provides for appropriate grant accounting (including calculation of 
program income). 
47.2 
Documentation and Record Keeping - The Parties agrees to comply 
with this Agreement and the following record keeping requirements: 
47.2.1 Records to be maintained – The Parties shall maintain all 
financial records as required by 2 C.F.R. § 200, and OMB 
Circulars; 
47.2.2 Property Records - The County shall maintain property and 
equipment inventory records that clearly identify properties 
and equipment purchased, improved, or sold. Properties 
and equipment retained shall continue to meet eligibility 
criteria and shall conform to the use of property and 
equipment. 
 
48.0 
DEFAULT AND REMEDIES FOR NONCOMPLIANCE 
48.1 
Notwithstanding anything to the contrary, this Section shall not be 
deleted or superseded by any other provision of this Agreement. 
48.2 
This Agreement may be immediately terminated by a Party if the 
other Party defaults by failing to perform any objective or breaches 
any obligation under this Agreement, or any event occurs that 
jeopardizes the other Party’s ability to perform any of its obligations 
under this Agreement.  
48.3 
Failure to comply with the requirements of this Agreement and all 
the applicable federal, state, or local laws, rules, and regulations 
may result in suspension or termination of this Agreement, the 
return of unexpended funds (less just compensation for work 
satisfactorily completed that, to date, had not been reimbursed), the 
reimbursement of funds improperly expended, or the recovery of 
funds improperly acquired. Noncompliance includes, but is not 
limited to: 
48.3.1 Non-performance of any obligations required by this 
Agreement. 
48.3.2 Noncompliance with any applicable federal, state, or local 
laws, rules, or regulations. 
48.3.3 Noncompliance 
with 
applicable 
financial 
record 
requirements, 
accounting 
principles, 
or 
standards 
established by OMB circulars and 2 C.F.R. §§ 200 et seq. 
48.3.4 Noncompliance with recordkeeping, record retention, or 
reporting requirements. 
48.4 
Notwithstanding the suspension or termination of this Agreement, 
or the final determination of the proper disposition of funds, the 
Parties, without intent to limit or with restrictions, be subject to the 
following: 
48.4.1 Acknowledge that suspension or termination of this 
Agreement does not affect or terminate any rights against 
any Party at the time of suspension or termination, or that 
may accrue later. Nothing herein shall be construed to limit 
or terminate any right or remedy available under this 
Agreement.

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 8 of 11 
48.4.2 Waiver of a breach or default of any term, covenant, or 
condition of this Agreement or any federal, state, or local 
law, rule, or regulation shall not operate as a waiver of any 
subsequent breach of the same or any other term, covenant, 
condition, law, rule, or regulation. 
 
48.5 
Each Party shall, upon notice or with knowledge obtained by itself 
or others, take any and all proactive actions necessary, and provide 
any and all applicable remedies to address and correct any act by 
itself, and any and/or all of its agents, representatives, officers, 
officials, directors, employees, volunteers, successors, assigns, or 
Subcontractors that resulted in any wrongdoing (intentional or 
unintentional); misuse or misappropriation of funds; the incorrect or 
improper disposition of funds; any violation of any federal, state, or 
local law, rule, or regulation; or the breach of any certification or 
warranty provided in this Agreement. 
 
49.0 
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 
49.1 
The Parties mutually warrant and certify that they do not currently, 
and agrees for the duration of the agreement that it will not, use: 
49.1.1 the forced labor of ethnic Uyghurs in the People's Republic 
of China. 
49.1.2 any goods or services produced by the forced labor of ethnic 
Uyghurs in the People's Republic of China. 
49.1.3 any contractors, subcontractors or suppliers that use the 
forced labor or any goods or services produced by the 
forced labor of ethnic Uyghurs in the People's Republic of 
China. 
49.2 
If either of the Parties becomes aware during the term of the 
Agreement that they are not in compliance with this paragraph, the 
Party(ies) shall notify the other within five business days after 
becoming aware of the noncompliance. Failure of either Party to 
provide a written certification that the other Party has remedied the 
noncompliance within one hundred eighty (180) days after notifying 
the public entity of its noncompliance, this Agreement shall 
terminate unless the Term of this Agreement shall end prior to said 
one hundred eighty (180) day period. 
 
50.0 
ACRONYMS AND DEFINITIONS 
Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are 
hereby incorporated by reference. 
 
III. 
Section II above contains all the changes to the Agreement made by this Amendment No. 
2. The Agreement is amended to incorporate the changes contained in this Amendment 
No. 2. All other terms and conditions of the Agreement remain in full force and effect as 
executed by the Parties. This Amendment No. 2 is subject to and incorporates the 
provisions of A.R.S. §38-511.  
 
IV. 
The Parties have authorized the undersigned to execute this Amendment No. 2 on their 
behalf, and it shall be effective upon approval and signature by both Parties.

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 9 of 11 
 
IN WITNESS, the Parties have approved and signed this Amendment No. 2: 
 
 
 
 
 
 
 
FOR THE CITY OF SURPRISE: 
 
 
 
 
Kevin Sartor                                            Date 
Mayor 
FOR MARICOPA COUNTY: 
 
 
 
 
Kate Brophy McGee                                   Date 
Chair, Board of Supervisors 
Attestation: 
 
 
 
Kristi Passarelli, City Clerk                      Date 
Attestation: 
 
 
 
Juanita Garza, Clerk of the Board              Date 
IN ACCORDANCE WITH A.R.S. §§ 9-240 AND 
11-952, THIS AMENDMENT NO. 2 HAS BEEN 
REVIEWED 
BY 
THE 
UNDERSIGNED 
ATTORNEY WHO HAS DETERMINED IT IS 
PROPER IN FORM AND WITHIN THE 
POWERS AND AUTHORITY GRANTED TO 
THE CITY OF SURPRISE 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. 2 
HAS 
BEEN 
REVIEWED 
BY 
THE 
UNDERSIGNED 
ATTORNEY 
WHO 
HAS 
DETERMINED IT 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

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 10 of 11

Contract No.: C-22-23-121-X-02 
 
Amendment No. 2 
City of Surprise 
 
Page 11 of 11