AMENDMENT 2 WITH MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT RE WIOA PROCTORING SERVICES.PDF
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C-22-20-019-3-02
Amendment No. 2
Page 1
IGA with MCCCD for Rio Salado College Proctoring
AMENDMENT NO. 2
TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
I.
Maricopa County (the “County”), by and through its Human Services Department, and
Maricopa County Community College District for Rio Salado College (“Contractor”)
entered into a financial Intergovernmental Agreement (“Agreement”) to establish a
relationship with the Contractor’s Testing Center to provide proctoring services to Adult
and Youth participants, referred by the County’s ARIZONA @ WORK – Maricopa County
program. The County reimbursed the Contractor a not-to-exceed amount of $10,000 per
fiscal year for a total of $30,000 for the term of the agreement. Funding for this Agreement
is provided through the Workforce Innovation and Opportunity Act (WIOA) received
through an IGA with Arizona Department of Economic Security (C-22-19-002-3/DI19-
002202) under Adult Worker (ALN) 17.258, Dislocated Worker (ALN) 17.278, and Youth
Program (ALD) 17.259. The Agreement began on December 11, 2019, through June 30,
2022. The Agreement may be extended for two additional three-year terms. The County
and the Contractor collectively are referred to as the “Parties.”
The Parties fully executed Amendment No. 1 on or about June 22, 2022. The Amendment
extended the termination date from June 30, 2022, through June 30, 2025. The County
reimbursed the Contractor a not-to-exceed amount of $10,000 per fiscal year for a total of
$30,000 for the term of the Agreement. Funding was provided through the WIOA through
an IGA with the Arizona Department of Economic Security (C-22-19-002-3/DI19-002202)
under Adult Worker (ALN) 17.258, Dislocated Worker (ALN) 17.278, and Youth Program
(ALN) 17.259.
II.
The Parties now agree to enter into this Amendment No. 2 to amend the Agreement as
follows:
A.
Extend the Agreement Termination Date from June 30, 2025, to June 30, 2028
(“Extension Period No. 2 – Last renewal”).
B.
Funding for this Agreement shall not exceed $10,000 per fiscal year (July 1 through
June 30) for the above term. Funding is provided through WIOA, received through
an IGA with Arizona Department of Economic Security (C-22-23-114-X/DI23-
002386).
C.
Revise paragraph 6.0 (Funding), by removing it in its entirety and replacing it with
the following:
6.0
FUNDING
6.1
Funding for this Agreement is provided by the Assistance Listing
Number (ALN):
6.1.1 Adult Worker – 17.258
6.1.2 Dislocated Worker – 17.278
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IGA with MCCCD for Rio Salado College Proctoring
6.1.3 Youth Program – 17.259
6.2
Funding for this Agreement shall not exceed $10,000 per fiscal year
(July 1 through June 30) for the period term identified on page one
of this Amendment;
6.3
The Contractor shall submit monthly invoices by the 10th working
day of the following month;
6.3.1 Payments
to
be
submitted
via
email
to
HSDFinance@maricopa.gov
6.4
The Contractor shall submit an invoice for each fiscal year no later
than July 15th;
6.5
The County shall reimburse the Contractor on a net 0 payment
standard.
D.
Revise paragraph 8.0 (Program Service Intent), by removing “Attachment A” and
replacing in its entirety. Revise Subparagraph 8.2 by removing it in its entirety and
replacing it with the following:
8.2
An assessed proctoring and exam fee of $35 will be based on each visit
made by referred clients.
E.
Revise the Maricopa County Representative name and contact information and
replace it with the following:
Maricopa County
Human Services Department
Workforce Development
Jared Beard, Assistant Director
234 N. Central Avenue 3rd.Floor
Phoenix, AZ 85004
623-280-7487
Jared.Beard@maricopa.gov
F.
Add the following paragraphs to the Agreement:
19.0
ADMINISTRATIVE CHANGE ORDERS
19.1
The Chairman 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:
19.1.1 Modifications to the project timeline if the last day of the
project timeline is within the Agreement term;
19.1.2 Modifications to Budget line items if the Agreement Amount
remains unchanged;
19.1.3 Modifications required by federal, state, or County
regulations, ordinances, or policies; and/or
19.1.4 Modifications to Administrative requirements such as
changes in reporting periods, frequency of reports, or report
formats required by the federal, state or local regulations,
policies, or requirements.
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20.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
20.1
The Contractor warrants and certifies that it does not currently, and
agrees for the duration of the agreement that it will not, use:
20.1.1 The forced labor of ethnic Uyghurs in the People's Republic
of China.
20.1.2 Any goods or services produced by the forced labor of
ethnic Uyghurs in the People's Republic of China.
20.1.3 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.
20.2
If the Contractor becomes aware during the term of the Agreement
that the Contractor is not in compliance with this paragraph, the
Contractor shall notify the County within five business days after
becoming aware of the noncompliance. Failure of the Contractor to
provide a written certification that the Contractor 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.
21.0
FORCE MAJEURE
21.1
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.
21.2
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.
21.3
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.
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22.0
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.
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.
The Parties have authorized the undersigned to execute this Amendment No. 2, and it shall be
effective upon approval and signature by both Parties.
IN WITNESS, the Parties have approved and signed this Amendment No. 2:
APPROVED BY:
MARICOPA COUNTY
COMMUNITY COLLEGE DISTRICT
APPROVED BY:
MARICOPA COUNTY
___________________________________
James H. Curtin Date
Senior Associate General Counsel
____________________________________
Thomas Galvin, Chairman Date
Board of Supervisors
Attested to:
Juanita Garza Date
Clerk of the Board
APPROVED AS TO FORM:
General Counsel Date
APPROVED AS TO FORM:
Deputy County Attorney Date
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Amendment No. 2
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ATTACHMENT A
Rio Salado College Testing Locations
1. Rio Salado College
5. RSC Northern
2323 W. 14th Street
1715 W. Northern Ave.
Tempe, AZ 85281
Phoenix, AZ 85021
Phone: 480-517-8000, 800-729-1197
Phone: 480-377-4200
2. Communiversity at Queen Creek
6. RSC Southern
21740 S. Ellsworth Rd.
3320 S. Price Rd.
Queen Creek, AZ 85142
Tempe, AZ 85282
Phone: 480-384-9000
Phone: 480-377-4150
3. RSC Avondale
7. RSC Surprise
420 N. Central Ave.
12535 W. Smokey Drive
Avondale, AZ 85323
Surprise, AZ 85378
Phone: 480-377-4400
Phone: 480-377-4250
4. RSC Luke Air Force Base (LAFB)
8. RSC Thomas
7383 North Litchfield Road
3631 W. Thomas Rd.
Luke AFB, AZ 85309
Phoenix, AZ 85019
Phone: 480-377-4040
Phone: 480-377-4300