IGA AMENDMENT RE CITY OF TEMPE.PDF

Contract No.: C-22-24-003-X-01 
 
Amendment No. 1 
City of Tempe 
 
Page 1 of 3 
AMENDMENT NO. 1 
TO THE 
INTERGOVERNMENTAL AGREEMENT  
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND 
CITY OF TEMPE 
 
I. 
Maricopa County (the “County”), administered by its Human Services Department, and 
the City of Tempe (“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 October 16, 2023. Under the Agreement, the City provides funds to the County 
for program service delivery. The Agreement term is August 1, 2023, through June 30, 
2026. The Agreement may be extended for two (2) additional three-year terms, provided 
the City is in compliance with the terms and conditions of the Agreement. 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. 1 to amend the Agreement as 
follows: 
 
A. 
Revise Section 6.0 (FUNDING), by removing subsections 6.2, 6.3 and 6.4 in its 
entirety and replace with the following: 
6.2 
The City shall compensate the County in an amount not to exceed $50,795 
for the period August 1, 2023, through June 30, 2024. 
6.3 
The City shall compensate the County in an amount not to exceed $56,166 
for the period July 1, 2024, through June 30, 2025. 
6.4 
The City shall compensate the County in an amount not to exceed $58,075 
for the period July 1, 2025, through June 30, 2026. 
 
B. 
Revise Section 8.0 (PAYMENTS), by removing the paragraph in its entirety and 
replace with the following: 
 
Subject to on going review and possible modifications during the term or terms of 
this Agreement, the City shall pay the County based on the County submitting a 
quarterly invoice. The City shall prepare and issue payment within 30 calendar 
days of receipt of the invoice, except for the last quarter of the term, in which the 
invoice shall be sent to County’s point of contact on the 20th calendar day of the 
month following the last quarterly time period. The Payment shall be submitted to 
the Human Services Department, Finance Unit at the address 234 North Central 
Avenue, Suite 3000 Phoenix, Arizona 85004. 
 
C. 
Add the following sections to the Agreement: 
 
30.0 
UYGHURS FORCED LABOR PREVENTION ACT (UFLPA) 
30.1 
The City warrants and certifies that it does not currently, and agrees 
for the duration of the agreement that it will not, use: 
30.1.1 the forced labor of ethnic Uyghurs in the People's Republic 
of China.

Contract No.: C-22-24-003-X-01 
 
Amendment No. 1 
City of Tempe 
 
Page 2 of 3 
30.1.2 any goods or services produced by the forced labor of ethnic 
Uyghurs in the People's Republic of China. 
30.1.3 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. 
30.2 
If the City becomes aware during the term of the Agreement that the City 
is not in compliance with this paragraph, the City shall notify the County 
within five business days after becoming aware of the noncompliance. 
Failure of the City to provide a written certification that the City 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. 
 
31.0 
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. 
 
32.0 
FORCE MAJEURE 
32.1 
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. 
32.2 
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. 
32.3 
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.

Contract No.: C-22-24-003-X-01 
 
Amendment No. 1 
City of Tempe 
 
Page 3 of 3 
III. 
Under A.R.S. §38-511, the County may cancel this Agreement without penalty of further 
obligation within three years after execution of this Agreement if any person significantly 
involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf 
of the County is, at any time while this Agreement or any extension is in effect, an 
employee or agent of any other party to the Agreement in any capacity or consultant to 
any other party of this Agreement with respect to the subject matter of this Agreement. 
 
IV. 
Section II above contains all the changes made by this Amendment No. 1. All other terms 
and conditions of the original Agreement shall remain the same and in full force and effect 
as approved. 
 
V. 
The Parties have authorized the undersigned to execute this Amendment No. 1 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. 1: 
 
 
 
 
 
FOR THE CITY OF TEMPE: 
 
 
 
 
Corey Woods                                          Date 
Mayor 
FOR MARICOPA COUNTY: 
 
 
 
 
Jack Sellers, Chairman                               Date 
Board of Supervisors 
Attestation: 
 
 
 
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. 1 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 TEMPE 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. 1 
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