AMENDMENT NO. 3 WITH CITY OF GOODYEAR RE WORKFORCE DEVELOPMENT SERVICES.PDF
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Contract No.: C-22-24-001-X-03
Amendment No. 3
City of Goodyear
Page 1 of 6
AMENDMENT NO. 3
TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF GOODYEAR
I.
Maricopa County (the “County”), administered by its Human Services Department, and
the City of Goodyear (“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 July 26, 2023. Under the Agreement, the City provides funds to the County for
program service delivery. The current Agreement term is July 1, 2025, through June 30,
2026, to provide funding for Fiscal Year 2026 in the amount of $53,562. The County and
the City collectively are referred to as the “Parties.
II.
The Parties now agree to enter into this Amendment No. 3 to amend the Agreement as
follows:
A.
Revise the Agreement expiration date from June 30, 2026, to June 30, 2027 (Fiscal
Year 2027) (last option for renewal).
B.
Revise paragraph 6.0 (FUNDING), adding the following subsection:
6.2.4 For the period of July 1, 2026, through June 30, 2027, an amount not to
exceed $58,005.
C.
Add the following paragraphs to the Agreement:
32.0
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.
33.0
RETENTION OF RECORDS
33.1
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.
33.2
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
Contract No.: C-22-24-001-X-03
Amendment No. 3
City of Goodyear
Page 2 of 6
as necessary to comply with federal audit requirements.
34.0
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.
35.0
DISPUTES
35.1
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.
35.2
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 35.1.
35.3
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.
35.4
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.
35.5
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 Paragraph
35.0, either Party may pursue formal litigation.
36.0
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.
37.0
COVENANT AGAINST CONTINGENT FEES
The Parties 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 Parties may immediately
terminate this Agreement without liability.
Contract No.: C-22-24-001-X-03
Amendment No. 3
City of Goodyear
Page 3 of 6
38.0
ADMINISTRATIVE REQUIREMENTS
38.1
Accounting Standards – The Parties agree 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
further agrees to maintain an adequate accounting system that
provides for appropriate grant accounting (including calculation of
program income).
38.2
Documentation and Record Keeping - The Parties agrees to comply
with this Agreement and the following record keeping requirements:
38.2.1 Records to be maintained – The Parties shall maintain all
financial records as required by 2 C.F.R. § 200, and OMB
Circulars;
38.2.2 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.
39.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
39.1
Notwithstanding anything to the contrary, this Section shall not be
deleted or superseded by any other provision of this Agreement.
39.2
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.
39.3
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:
39.3.1 Non-performance of any obligations required by this
Agreement.
39.3.2 Noncompliance with any applicable federal, state, or local
laws, rules, or regulations.
39.3.3 Noncompliance
with
applicable
financial
record
requirements,
accounting
principles,
or
standards
established by OMB circulars and 2 C.F.R. §§ 200 et seq.
39.3.4 Noncompliance with recordkeeping, record retention, or
reporting requirements.
39.4
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:
39.4.1 Acknowledge that suspension or termination of this
Contract No.: C-22-24-001-X-03
Amendment No. 3
City of Goodyear
Page 4 of 6
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.
39.4.2 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.
39.5
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.
40.0
CERTIFICATION
REGARDING
DEBARMENT,
SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
40.1
The undersigned, by signing this Agreement, represents that the City
has the authority to bind the City to the terms of this Certification. The
City, in accordance with 2 C.F.R. Part 180, certifies to the best of
their knowledge and belief that they and their principals:
40.1.1 Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal department or agency;
40.1.2 Have not within a 3-year period preceding the Start Date of
this Agreement, been convicted of or had a civil judgment
rendered against them for: (1) the commission of fraud or a
criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, State, or local)
transaction or a contract under a public transaction; (2) the
violation of any federal or State antitrust statutes; or (3) the
commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false
statements, or receiving stolen property
40.1.3 Are not presently indicted or otherwise criminally or civilly
charged by a governmental entity (federal, state, or local) with
the commission of any of the offenses enumerated in Sub-
subparagraph 40.1.2 above; and
40.1.4 Have not, within a three-year period preceding the Start Date
of this this Agreement, had one or more public transactions
(federal, state, or local) terminated for cause or default.
The Parties agree to include, without modification, this clause in all lower tier
covered transactions (i.e., transactions with Subcontractors) and in all
solicitations for lower tier covered transactions related to this Agreement.
Contract No.: C-22-24-001-X-03
Amendment No. 3
City of Goodyear
Page 5 of 6
41.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the City 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 City certifies it
is not currently engaging 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.
III.
Section II above contains all the changes to the Agreement made by this Amendment No.
3. The Agreement is amended to incorporate the changes contained in this Amendment
No. 3. All other terms and conditions of the Agreement remain in full force and effect as
executed by the Parties. This Amendment No. 3 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. 3 on their
behalf, and it shall be effective upon approval and signature by both Parties.
IN WITNESS, the Parties have approved and signed this Amendment No. 3:
FOR THE CITY OF GOODYEAR:
Joe Pizzillo Date
Mayor
FOR MARICOPA COUNTY:
Kate Brophy McGee Date
Chair, Board of Supervisors
Attestation:
Jasmine Pericano, 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. 3 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 GOODYEAR 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. 3
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-22-24-001-X-03
Amendment No. 3
City of Goodyear
Page 6 of 6