IGA AMENDMENT RE MESA UNIFIED SCHOOL DISTRICT.PDF

C-22-23-021-X-02 
 
AMENDMENT NO. 2 
 
Page 1 of 4 
AMENDMENT TO  
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS  
HUMAN SERVICES DEPARTMENT 
AND 
MESA UNIFIED SCHOOL DISTRICT 
 
I. 
Maricopa County ("County") administered by its Human Services Department and Mesa 
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 $166,770. 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 Agreement term from October 1, 2023, to September 30, 2024. 
Revised Section 5.0 (Funding), for a District fixed price amount not-to-exceed $183,500 
and revised Section 29.0 (Service Delivery), Subsection 29.12 (Meal Count and Costs), 
by replacing with a new Meal Cost 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. 
 
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 One-Hundred, Seventy-Seven Thousand Five Hundred Fifty-Six dollars 
and Twenty-Five cents ($177,556.25) 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; 
9.1.3 Modifications required by federal, state, or County

C-22-23-021-X-02 
 
AMENDMENT NO. 2 
 
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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: 
 
Child Meals HEAD 
START 
# of Meals Served 
to Department 
Total Meals Paid for 
by Department 
Unit Price Grand Totals 
Breakfast 
42,900 
7,000 
$2.90 
$20,300.00
Lunch 
42,900 
7,000 
$4.35 
$30,450.00
Snack 
42,900 
42,900 
$1.75 
$75,075.00
CHILD MEALS-GRAND TOTAL 
$125,825.00
 
Adult/Extra Meals 
HEAD START 
# of Meals Served 
to Department 
Total Meals Paid for 
by Department 
Unit Price Grand Totals 
Lunch 
5,775 
5,775 
$4.75 
$27,431.25
ADULT MEALS GRAND TOTAL 
$27,431.25
 
Service Provided 
Cost for Service 
Head Start Meals 
$125,825.00
Adult Meals 
$27,431.25
Emergency Food 
$1,500.00
Serving Supplies 
$5,000.00
Medical Diets 
$5,000.00
Soy Replacement 
0.00
Lactaid Replacement 
0.00
Delivery Charges 
$12,800.00
GRAND TOTAL 
$177,556.25
 
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 $177,556.25 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.

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AMENDMENT NO. 2 
 
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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 85004 
Office Phone: 602-372-3700 
Susie.Marquez@maricopa.gov  
 
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. or 
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

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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. 
 
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: 
MESA UNIFIED SCHOOL DISTRICT 
 
Approved By: 
MARICOPA COUNTY  
 
 
 
 
 
 
 
 
Dr. Andi Fourlis, 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