IGA AMENDMENT RE CITY OF TEMPE.PDF
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C-22-19-044-3-02
Amendment No. 2
City of Tempe
Page 1 of 4
AMENDMENT NO. 2
TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF TEMPE
I.
Maricopa County (the “County”), by and through 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 City compensated the County $140,599 (FY20
$45,805, FY21 $46,807, FY22 $47,987) for a portion of the service delivery. The
Agreement was fully executed on or about June 26, 2019. Under the Agreement, the City
provides funds to the County for program service delivery. The Agreement began on July
1, 2019, through June 30, 2022. The Agreement may be extended for two (2) additional
three (3) year terms. The County and the City collectively are referred to as the “Parties”
and individually as the “Party.”
The Parties fully executed Amendment No. 1 on or about July 1, 2022. The Amendment
Extended the Agreement Termination Date from June 30, 2022, to June 30, 2025. Revised
Section 6.0 (Funding), to address funding amount for Fiscal Years (FY23 $51,661, FY24
$53,391 FY25 $55,199). Added subparagraph 10.1.1.7 to Section 10.0 (Responsibilities
of Organizations). Updated Section 12.0 (Notices) and added new Attachment A, which
modified the Itemized Service Budget.
II.
The Parties now agree to enter into this Amendment No. 2 to amend the Agreement as
follows:
A.
Revise Section 8.0 (PAYMENTS), by removing the paragraph in its entirety and
replace with the following:
Subject to ongoing review and possible modifications during the terms of this
Agreement, City shall pay the County based on County submitting a quarterly
invoice. The City shall prepare and issue payment within 30 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 N Central Avenue, Suite 3000,
Phoenix, AZ 85004.
B.
Update Section 12.0 (NOTICES) as follows:
County:
Jared Beard
Workforce Development Assistant Director
Maricopa County Human Services Department
234 North Central Avenue, Suite 3000
Phoenix, AZ 85004
Telephone: 623-280-7487
Jared.Beard@maricopa.gov
C-22-19-044-3-02
Amendment No. 2
City of Tempe
Page 2 of 4
C.
Add the following Sections to the Agreement:
20.0
UYGHURS FORCED LABOR PREVENTION ACT (UFLPA)
20.1
The City 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 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.
21.0
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.
22.0
FORCE MAJEURE
22.1
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.
22.2
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
C-22-19-044-3-02
Amendment No. 2
City of Tempe
Page 3 of 4
situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
22.3
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.
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. 2. 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.
V.
The Parties have authorized the undersigned to execute this Amendment No. 2 on their
behalf, and it shall be effective upon approval and signature by both Parties.
[Signatures contained on following page]
C-22-19-044-3-02
Amendment No. 2
City of Tempe
Page 4 of 4
IN WITNESS, the Parties have approved and signed this Amendment No. 2:
FOR THE CITY OF TEMPE:
Corey Woods, Mayor Date
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. 2 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. 2
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