IGA AMENDMENT RE SCOTTSDALE UNIFIED SCHOOL DISTRICT.PDF

C-22-23-020-X-02 
 
AMENDMENT NO. 2 
Page 1 of 5 
AMENDMENT NO. 2 TO  
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS  
HUMAN SERVICES DEPARTMENT 
AND 
SCOTTSDALE UNIFIED SCHOOL DISTRICT 
 
I. 
Maricopa County ("County") administered by its Human Services Department and 
Scottsdale Unified School District ("District") entered into a financial Intergovernmental 
Agreement ("Agreement"), which was fully executed on or about October 5, 2022. The 
purpose of the Agreement is for County to purchase full-service food catering services of 
nutritious meals and snacks that meet Child and Adult Care Food Program (CACFP) 
guidelines and contain at least one-third (1/3) of the daily-recommended dietary 
allowances for the County's Head Start program. The Agreement term is October 1, 2022, 
through September 30, 2023. The Agreement is a fixed price not to exceed $785,701. 
The County and the District collectively are referred to as the "Parties." 
 
The Parties fully executed Amendment No. 1 on or about September 27, 2023. The 
Amendment extended the termination date from October 1, 2023, to September 30, 2024. 
Revised Section 5.0 (Funding), providing fixed price amount to a not-to-exceed $796,501 
and revised Section 29.0 (Service Delivery), Subsection 29.12 (Meal Count and Costs), 
by replacing with a new Meal Costs and Counts budget. Also, revised Section 30.0 
(Compensation), Subsection 30.1 (Funding), by replacing Subsubsection 30.1.2 and 
30.1.3 in their entirety, Section 31.0 (Notices), was revised to update the District 
Representative. 
 
II. 
The Parties agree to enter into this Amendment No. 2 to amend the Agreement as  follows: 
 
A. 
Extend the Agreement term (Extension Term) from October 1, 2024, 
through September 30, 2025. 
 
B. 
Revise Paragraph 5.0 (Funding), by removing in its entirety and replacing with 
the following: The County shall reimburse the District a fixed price amount not-to-
exceed Seven Hundred Ninety-Nine Thousand Four Hundred 
Eighty-Six dollars and Six cents ($799,486.06) for the extension period. 
 
C. 
Revise Section 9.0 (Changes), by removing in its entirety and replacing with the 
following: 
9.0 
ADMINISTRATIVE CHANGE ORDERS 
9.1 
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: 
9.1.1 Modifications to the project timeline if the last day of the 
project timeline is within the Agreement term; 
9.1.2 Modifications to Budget line items if the Agreement Amount 
remains unchanged;

C-22-23-020-X-02 
 
AMENDMENT NO. 2 
Page 2 of 5 
9.1.3 Modifications required by federal, state, or County 
regulations, ordinances, or policies; and/or 
9.1.4 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. 
 
D. 
Revise Section 29.0 (Service Delivery), Subsubsection 29.3.1 (Point of Contact), 
Maryann Galaviz, Early Childhood Services Manager 
Maryann.Galaviz@maricopa.gov 
Office Phone: 602-372-3755 
Cell Phone: 602-527-2137 
 
E. 
Revise Section 29.0 (Service Delivery), Subsection 29.12 (Meal Count and Costs) 
by replacing with the following: 
 
 
 
Total ADULT Meals 
Provided to 
Department by 
District 
ADULT 
Meals Paid 
for by 
Department 
Unit Price 
ADULT 
Total Costs Paid 
by Department 
EHS Adult 
Lunch 
6,390 
6,390 
$4.00 
$25,560.00
HS Adult 
Lunch 
10,863 
10,863 
$4.00 
$43,452.00
ADULT TOTAL
$69,012.00
 
 
Costs 
Medical Diets/Special Foods 
No Charge 
Soy replacement for milk per carton 
$4.19 per 64 oz. 
carton 
 
 
Total EHS CHILD 
Meals Provided to 
Department by 
District 
EHS CHILD 
Meals Paid 
for by 
Department 
Unit Price 
CHILD 
Total Costs Paid 
by Department 
Breakfast  
23,856 
23,856 
$2.15 
$51,290.40 
Lunch 
23,856 
23,856 
$4.00 
$95,424.00 
Snack 
23,856 
23,856 
$1.31 
$31,251.36 
EHS TOTAL 
$177,965.76 
 
 
Total HS CHILD 
Meals Provided to 
Department by 
District 
HS CHILD 
Meals Paid 
for by 
Department 
Unit Price 
CHILD 
Total Costs Paid 
by Department 
Breakfast  
71,355 
71,355 
$2.15 
$153,413.25 
Lunch 
71,355 
71,355 
$4.00 
$285,420.00 
Snack 
71,355 
71,355 
$1.31 
$93,475.05 
HS TOTAL 
$532,308.30

C-22-23-020-X-02 
 
AMENDMENT NO. 2 
Page 3 of 5 
Lactaid replacement for milk per carton 
$13.85, 12, 8 oz. 
cartons 
Almond replacement for milk  
$3.49, 32 oz carton 
Aluminum Foil 
$30.82 
Plastic Wrap 
$40.89 
 
EHS Food Costs 
Cost 
EHS Child Meals 
$177,965.76 
EHS Adult Lunch 
$25,560.00 
EHS Soy replacement for year 
$1,500 
EHS Lactaid replacement for year 
$1,000 
EHS Almond replacement for year 
$1,000 
EHS Emergency Food 
$1,700 
Food Service Supplies 
$500 
EHS Food Costs Total 
$209,225.76 
 
Head Start Food Costs 
Cost 
HS Child Meals 
$532,308.30 
HS Adult Lunch 
$43,452.00 
HS Soy replacement for year 
$4,000 
HS Lactaid replacement for year 
$2,000 
HS Almond replacement for year 
$2,000 
HS Emergency Food 
$5,000 
Food Service Supplies 
$1,500 
Head Start Food Cost Total 
$590,260.30 
 
EHS Food Costs Total 
$209,225.76 
Head Start Food Costs Total 
$590,260.30 
GRAND TOTAL 
$799,486.06 
 
F. 
Revise Section 30.0 (Compensation), Subsection 30.1 (Funding), by replacing 
Subsubsections 30.1.2 and 30.1.3 in their entirety with the following; 
30.1.2 Funding availability period shall begin October 1, 2024, through 
September 30, 2025. 
30.1.3 Funding amount shall not exceed $799,486.06 for the Extension Term. 
Claims for reimbursement in excess of the Amendment amount will 
require a formal written amendment, as specified in section 5.0 of the 
Agreement. 
 
G. 
Revise Section 31.0 (Notices), by replacing Early Head Start Point of Contact as 
follows: 
Early Education Division, Head Start Program 
234 N. Central Avenue, 3rd Floor 
Phoenix, AZ 85504 
Office Phone: 602-372-3700 
Susie.Marquez@maricopa.gov

C-22-23-020-X-02 
 
AMENDMENT NO. 2 
Page 4 of 5 
H. 
Add the following Sections to the Agreement: 
42.0 
FORCE MAJEURE 
42.1 
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. 
42.2 
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. 
42.3 
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. 
 
43.0 
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 
43.1 
The District warrants and certifies that it does not currently, and 
agrees for the duration of the contract that it will not, use: 
43.1.1 the forced labor of ethnic Uyghurs in the People's Republic 
of China. 
43.1.2 any goods or services produced by the forced labor of ethnic 
Uyghurs in the People's Republic of China. 
43.1.3 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. 
43.2 
If the District becomes aware during the term of the Contract that 
the Company is not in compliance with this paragraph, the District 
shall notify the County within five business days after becoming 
aware of the noncompliance. Failure of the District to provide a 
written 
certification 
that 
the 
District 
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.

C-22-23-020-X-02 
 
AMENDMENT NO. 2 
Page 5 of 5 
44.0 
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 made by this Amendment No. 2. This 
Amendment is subject to A.R.S. §38-511. All other terms and conditions of the original 
Agreement and all previously fully executed Amendments shall remain the same and in 
full force and effect as approved and amended. 
 
IV. 
The Parties have authorized the undersigned to execute this Amendment No. 2, and 
it shall be effective on the date of final approval and signature by the Parties. 
 
IN WITNESS, the Parties have signed and approved this Amendment No. 2: 
 
Approved By: 
SCOTTSDALE UNIFIED SCHOOL DISTRICT 
 
Approved By: 
MARICOPA COUNTY  
 
 
 
 
 
 
 
 
Dr. Scott Menzel, Superintendent          Date 
 
____________________________________ 
Jack Sellers, Chairman                           Date 
Board of Supervisors 
 
 
Attested to: 
 
 
 
 
 
 
 
 
 
Juanita Garza, Clerk of the Board          Date 
 
APPROVED AS TO FORM: 
 
 
____________________________________ 
Attorney for District                                  Date 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
Deputy County Attorney                         Date