CITY OF SURPRISE CAP AMEND 4.PDF

Maricopa County — Formal (2020-06-10)

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Contract No. C-22-16-043-3-04 
 
Amendment No. 4 
Page 1 of 5 
AMENDMENT NO. 4 TO THE 
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND  
CITY OF SURPRISE 
 
I. 
Maricopa County (“County”), administered by its Human Services Department, and the 
City of Surprise (“Subrecipient”) entered into a financial Intergovernmental Agreement 
(“Agreement”) on or about June 30, 2016, for the term of July 1, 2016, through June 30, 
2017. The purpose of the Agreement is for the County to provide the Subrecipient with 
funds for the provision of Community Action Program services to include Crisis Case 
Management and Financial Assistance Services in the Community Service Area (CSA). 
The County and the Subrecipient are referred to individually as the “Party” or collectively 
as the “Parties.” 
 
The Parties executed Amendment No. 1 on or about June 21, 2017, which extended the 
Agreement term and provided funding for the period July 1, 2017, through June 30, 2018.  
The Parties executed Amendment No. 2 on or about June 13, 2018, which extended the 
Agreement term and provided funding for the period July 1, 2018, through June 30, 2019. 
The Parties executed Amendment No. 3 on or about June 26, 2019, which extended the 
Agreement term and provided funding for the period July 1, 2019, through June 30, 2020. 
 
II. 
The Parties agree to enter into this Amendment No. 4 to the Agreement to amend the 
Agreement as follows: 
 
A. 
Amend Section I (General Provisions), Paragraph E (Term/Effective Date/Renewal 
Life of the Agreement), Subparagraph 1, to add the following sentence: The 
Agreement may be extended for a fourth term not exceeding one year, upon 
written agreement of the parties. 
 
B. 
Extend the Agreement termination date from June 30, 2020, to December 31, 
2020.  
 
C. 
The County shall provide the Subrecipient with $43,478 for the period of July 1, 
2020, to December 31, 2020.  
 
D. 
Incorporate an updated ATTACHMENT A - Operating Budget for the period of 
July 1, 2020 to December 31, 2020 into the Agreement.  
 
 
E. 
Update the Points of Contact for the Agreement: 
 
Subrecipient Rep:  
Seth Dyson, Human Service & Community Vitality 
Director  
Phone:  
 
 
623-222-1620  
Address:  
 
 
15832 N. Hollyhock Street 
City/Town State & Zip  
Surprise, Arizona 85378 
E-Mail:  
 
 
Seth.Dyson@surpriseaz.gov 
 
Maricopa County:   
 
Sandra Mendez, Assistant Director

Contract No. C-22-16-043-3-04 
 
Amendment No. 4 
Page 2 of 5 
Phone:  
 
 
602-506-2316 
Address:  
 
 
234 North Central, Suite 3000 
City/Town State & Zip  
Phoenix, Arizona 85004 
E-Mail:  
 
 
Sandra.Mendez@Maricopa.gov 
 
F. 
Revise Section I (General Provisions) by removing in its entirety Paragraph AAA, 
which was added by Amendment No. 1, and substituting the following: 
 
AAA. ISRAEL BOYCOTT 
If the Subrecipient 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 Subrecipient certifies it is not currently engages in, and agrees for the 
duration of this Agreement not to engage in, a boycott of goods or 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. 
 
G. 
Revise Section I (General Provisions) to add Paragraph BBB as follows: 
 
BBB. FORCE MAJEURE 
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 
contract 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, interruption or failure of 
electricity or telecommunication service.  
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. 
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, that 
all non-excused obligations were substantially fulfilled, and that the 
other party was timely notified of the likelihood or actual occurrence 
which would justify such an assertion, so that other prudent 
precautions could be contemplated. 
 
III. 
This Amendment is subject to the provisions of A.R.S. §38-511.  
 
IV. 
The foregoing paragraphs contain all the changes made by this Amendment No. 4.  All 
other terms and conditions of the Agreement remain in full force and effect as amended 
by Amendment Nos. 1, 2, and 3.

Contract No. C-22-16-043-3-04 
 
Amendment No. 4 
Page 3 of 5 
V. 
The County is empowered by A.R.S. §§ 11-201, 11-251 and 11-952 to enter into this 
Amendment No. 4 and has delegated to the undersigned the authority to execute this 
Amendment No. 4 on behalf of the County. 
 
VI. 
The Subrecipient is empowered by A.R.S. §§ 9-240, 9-500.11, 11-952, and 46-241, et 
seq. to enter into this Amendment No. 4 and has by resolution delegated to the 
undersigned the authority to execute this Amendment No. 4 on behalf of the Subrecipient. 
 
VII. 
This Amendment No. 4 shall be effective upon approval and signature by both Parties. 
 
 
 
[Signatures on the following page]

Contract No. C-22-16-043-3-04 
 
Amendment No. 4 
Page 4 of 5 
 
IN WITNESS, the Parties have approved and signed this Amendment No. 4: 
 
APPROVED BY: 
SUBRECIPIENT  
 
APPROVED BY:  
MARICOPA COUNTY 
 
___________________________________ 
Mayor                                                     Date 
 
 
____________________________________ 
Chairman, Board of Supervisors             Date 
Attested To: 
 
___________________________________ 
City Clerk                                            Date 
 
Attested To: 
 
____________________________________ 
Fran McCarroll, Clerk of the Board          Date 
 
IN ACCORDANCE WITH A.R.S. §§ 9-240, 9-
500.11, 11-952, AND 46-241, ET SEQ., THIS 
AMENDMENT NO. 4 HAS BEEN REVIEWED 
BY THE UNDERSIGNED ATTORNEY WHO 
HAS DETERMINED THIS AMENDMENT 
NO. 4 IS PROPER IN FORM AND WITHIN 
THE 
POWERS 
AND 
AUTHORITY 
GRANTED TO THE CITY OF SURPRISE 
UNDER THE LAWS OF THE STATE OF 
ARIZONA. 
 
APPROVED AS TO FORM: 
 
 
BY:  ________________________________ 
Attorney for the Subrecipient           Date 
 
IN ACCORDANCE WITH A.R.S. §§ 11-201, 
11-251, AND 11-952, THIS AMENDMENT 
NO. 4 HAS BEEN REVIEWED BY THE 
UNDERSIGNED ATTORNEY WHO HAS 
DETERMINED THIS AMENDMENT NO. 4 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: 
 
 
BY: _________________________________ 
Deputy County Attorney                    Date

Contract No. C-22-16-043-3-04 
 
Amendment No. 4 
Page 5 of 5 
ATTACHMENT A 
 
 
 
 
 
OPERATING BUDGET  
Contract Operating Budget -County   
July 1, 2020 to December 31, 2020 
 
SUBRECIPIENT: 
 City of Surprise 
    
  
  
  
  
  
    
Service:  Crisis Case Management and Financial Assistance Services 
  
  
Revenue Sources 
County* 
$43,478 
  
Total Revenues 
$43,478 
Budget Categories 
  
  
  
  
  
    
Personnel / ERE 
 
$43,478 
 
 
 
 
 
 
   
Total Expenses 
$43,478 
    
  
  
  
  
  
    
*Funding will be allocated internally on a monthly basis 
by Maricopa County Human Services 
Department/Financial Services. 
Based on fund availability, funds utilized may include, but are not 
limited to: 
SSBG, TANF, LIHEAP, County Funds and CSBG