IGA AMENDMENT RE CITY OF AVONDALE.PDF
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Contract No.: C-22-22-107-X-01
Amendment No. 1
City of Avondale
Page 1 of 5
AMENDMENT NO. 1
TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF AVONDALE
I.
Maricopa County (the “County”), administered by its Human Services Department, and
the City of Avondale (“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 June 8, 2022. Under the Agreement, the City provides funds to the County for
program service delivery. The Agreement term is July 1, 2022, through June 30, 2024.
The Agreement may be extended as many times as is desirable, but each extension may
not exceed the duration of the previous agreement. The County and the City collectively
are referred to as the “Parties.”
II.
The Parties now agree to enter into this Amendment No. 1 to amend the Agreement as
follows:
A.
Extend the Agreement termination date from July 1, 2024, through June 30, 2026.
B.
Revise Section 6.0 (FUNDING), by adding the following subsections:
6.2.3 For the period of July 1, 2024, through June 30, 2025, an amount not to
exceed $52,753; and
6.2.4 For the period of July 1, 2025, through June 30, 2026, an amount not to
exceed $54,534.
C.
Update Section 11.0 (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
D.
Add the following sections to the Agreement:
30.0
FORCED LABOR OF ETHNIC UYGHURS
To the extent applicable under A.R.S. § 35-394, the City warrants and
certify that they do not currently and agree that they will not use for the
duration of this Agreement the forced labor, any goods or services
produced by the forced labor, or 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. If the
City becomes aware that they are not in compliance with this paragraph,
Contract No.: C-22-22-107-X-01
Amendment No. 1
City of Avondale
Page 2 of 5
they shall notify the County of the noncompliance within five business days
of becoming aware of it. If the City fails to provide a written certification that
they have remedied the noncompliance within 180 days after that, this
Agreement shall terminate unless the termination date of this Agreement
occurs before the end of the remedy, in which case this Agreement
terminates on its termination date.
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.
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.
Contract No.: C-22-22-107-X-01
Amendment No. 1
City of Avondale
Page 3 of 5
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 AVONDALE:
City Manager 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. 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 AVONDALE 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
Contract No.: C-22-22-107-X-01
Amendment No. 1
City of Avondale
Page 4 of 5
CONTRACT SERVICE: Arizona@Work Workforce Development
City of Avondale shared cost is 50% of FTE
12-Month
Agreement Cost
MCHSD Cost
City of Avondale
Cost
Total Personnel - 1 FTE @ $27.92/hr * __2088_____ total hours
58,297
$
29,148
$
29,148
$
Maricopa County Merit Pay Increase for FY25 - 4%
2,332
$
1,166
$
1,166
$
Total Employee Related Expenses - ¹ERE = 19.92% + $13,632
25,709
$
12,855
$
12,855
$
Total Indirect Cost - ²22.2%
19,167
$
9,584
$
9,584
$
105,505
$
52,753
$
52,753
$
52,753
$
² Maricopa County Indirect Rate as allowed by OMB 2 CFR Part 200 requirements
ATTACHMENT A
ITEMIZED SERVICE BUDGET
¹ Based on 2024 FICA , Retirement, Unemployment Compensation, Worker's Compensation, Liability Insurance,
Health/Dental/Life Insurance, and Dependent Care Assistance
Total Cost for 12-Month for the City of Avondale
Subtotal
Effective Dates 7/1/2024 to 6/30/2025
Contract No.: C-22-22-107-X-01
Amendment No. 1
City of Avondale
Page 5 of 5
CONTRACT SERVICE: Arizona@Work Workforce Development
City of Avondale shared cost is 50% of FTE
12-Month
Agreement Cost
MCHSD Cost
City of Avondale
Cost
Total Personnel - 1 FTE @ $29.04/hr * __2088_____ total hours
60,636
$
30,318
$
30,318
$
Maricopa County Merit Pay Increase for FY26 - 4%
2,425
$
1,213
$
1,213
$
Total Employee Related Expenses - ¹ERE = 19.92% + $13,632
26,194
$
13,097
$
13,097
$
Total Indirect Cost - ²22.2%
19,814
$
9,907
$
9,907
$
109,068
$
54,534
$
54,534
$
54,534
$
² Maricopa County Indirect Rate as allowed by OMB 2 CFR Part 200 requirements
Total Cost for 12-Month for the City of Avondale
¹ Based on 2024 FICA , Retirement, Unemployment Compensation, Worker's Compensation, Liability Insurance,
Health/Dental/Life Insurance, and Dependent Care Assistance
ITEMIZED SERVICE BUDGET
Effective Dates 7/1/2025 to 6/30/2026
Subtotal