AGREEMENT WITH CITY OF TEMPE AND TEMPE SCHOOL DISTRICT AMEND 1.PDF

C-22-20-005-3-01 
 
Amendment No. 1 
Page 1 of 3 
AMENDMENT No. 1 
TO 
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND 
TEMPE ELEMENTARY SCHOOL DISTRICT No. 3 
AND 
CITY OF TEMPE 
 
I. 
Maricopa County administered by its Human Services Department Early Education Division 
(“County”), Tempe Elementary School District No 3 (“District”), and the City of Tempe 
(“City”), entered into a financial Intergovernmental Agreement on or about September 30, 
2019 (“Agreement”). The Agreement contains a Start Date of August 12, 2019, and a 
Termination Date of June 30, 2020. The Agreement contains renewal terms of two (2) 
additional one-year terms. The County, District, and the City collectively are referred to as 
the “Parties.” 
 
The purpose of the Agreement is to establish a collaboration between the Parties that will 
address expanding high-quality pre-school in the City of Tempe within the District’s 
boundaries. The County is providing funding that will help to increase instructional annual 
hours for enrolled Head Start children and ensure a seamless transition for children 
entering Kindergarten.  
 
II. 
The Parties agree to enter into this Amendment No. 1, Renewal Term #1, to amend the 
Agreement as follows: 
 
A. 
Extend the Agreement term from July 1, 2020, to June 30, 2021 (“Extension 
Period”). 
 
B. 
The County shall reimburse the City a not to exceed amount of $133,120 for the 
Extension Period. 
 
C. 
Delete Subsections 18.2.2 and 18.2.3 and replace them with the following: 
 
18.2.2 That a breach of a warranty under subsection 18.2.1 above, shall be 
deemed a material breach of this Agreement that is subject to penalties up to 
and including termination of the Agreement; 
18.2.3 That the County retains the legal right to inspect the papers of any contractor 
or subcontractor employee who works on this Agreement to ensure that 
each Party or its subcontractor is complying with the warranty provided 
under subsection 18.2.1 above and that the Party agrees to make all papers 
and employment records of said employee(s) available during normal 
working hours in order to facilitate such an inspection; 
 
D. 
Delete Subsection 19.1.3 and replace it with the following: 
 
19.1.3 Are not presently indicted for or otherwise criminally or civilly charged by a 
governmental entity (Federal, State, or local) with commission of any of the 
offenses enumerated in paragraph 19.1.2; and

C-22-20-005-3-01 
 
Amendment No. 1 
Page 2 of 3 
 
E. 
Add the following new section: 
 
21.0 
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 
If either the District or 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 
District or City certifies it is not currently engaged in, and agrees for the 
duration of this Agreement not to engage in, a boycott of goods and 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. 
This Amendment is subject to provisions of A.R.S. § 38-511.  
 
IV. 
The foregoing paragraphs contain all changes made by this Amendment No.1. All other 
terms and conditions of the Agreement 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. 
 
VI. 
This Amendment No. 1 shall be effective upon approval and signature by all Parties. 
 
[SIGNATURES ON FOLLOWING PAGE]

C-22-20-005-3-01 
 
Amendment No. 1 
Page 3 of 3 
 
IN WITNESS, the Parties have approved and signed this Amendment No. 1:  
FOR CITY OF TEMPE 
FOR MARICOPA COUNTY 
 
 
 
 
 
Title and Name 
 
 
 
 
 
Clint Hickman, Chairman of the Board  
Attested to: 
 
 
 
 
City Council Clerk                             Date 
Attested to: 
 
 
 
 
Fran McCarroll, Clerk of the Board   Date 
FOR  
TEMPE ELEMENTARY SCHOOL DISTRICT 
 
 
 
 
Title and Name 
 
 
 
Date 
 
 
This Amendment No. 1 has been reviewed by 
the undersigned attorneys who have determined 
that, in accordance with A.R.S. §§ 9-240 and 11-
952, it is proper in form and within the power and 
authority granted to the City and District under 
the laws of the State of Arizona. 
 
APPROVED AS TO FORM: 
 
 
BY:  
 
Attorney for the City 
 
Date:  
 
This Amendment No. 1 has been reviewed by the 
undersigned attorney who has determined that, in 
accordance with A.R.S. §§ 11-201, 11-251, and 
11-952, it is in proper form and within the power 
and authority granted to the County under the 
laws of the State of Arizona. 
 
APPROVED AS TO FORM: 
 
 
BY:  
 
Deputy County Attorney 
 
Date:  
 
 
 
APPROVED AS TO FORM: 
 
 
BY:  
 
Attorney for Tempe School District 
 
Date: