TOWN OF GUADALUPE CAP AMEND 4.PDF
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Contract No. C-22-16-046-3-04
Amendment No. 4
Page 1 of 5
AMENDMENT NO. 4 TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
TOWN OF GUADALUPE
I.
Maricopa County (“County”), administered by its Human Services Department, and the
Town of Guadalupe (“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 $20,000 for the period of July 1,
2020, to December 31, 2020.
D.
Incorporate an updated ATTACHMENT B - 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:
Jeff Kulaga, Town Manager
Phone:
(480) 505-5376
Address:
9241 S. Avenida Del Yaqui
City/Town State & Zip
Gauadalupe, AZ 85283
E-Mail:
jkulaga@guadalupeaz.org
Maricopa County:
Sandra Mendez, Assistant Director
Phone:
602-506-2316
Contract No. C-22-16-046-3-04
Amendment No. 4
Page 2 of 5
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.
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.
Contract No. C-22-16-046-3-04
Amendment No. 4
Page 3 of 5
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-22-16-046-3-04
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:
___________________________________
Town 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 TOWN OF GUADALUPE
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-22-16-046-3-04
Amendment No. 4
Page 5 of 5
ATTACHMENT B
OPERATING BUDGET
Contract Operating Budget -County
July 1, 2020 to December 31, 2020
SUBRECIPIENT:
Town of Guadalupe
Service: Crisis Case Management and Financial Assistance Services
Revenue Sources
County*
$20,000
Total Revenues
$20,000
Budget Categories
Personnel / ERE
$20,000
Total Expenses
$20,000
*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