IGA AMENDMENT RE TOWN OF WICKENBURG.PDF
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Contract No.: C-22-22-122-X-01 Amendment No. 1 Town of Wickenburg Page 1 of 5 AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND TOWN OF WICKENBURG I. Maricopa County (the “County”), administered by its Human Services Department, and the Town of Wickenburg (“Town”) entered into a financial Intergovernmental Agreement (“Agreement”) to integrate the County’s workforce development system into the Town’s social and community services resource network. The Agreement was fully executed on or about July 15, 2022. Under the Agreement, the Town 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 Town 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 $58,385; 6.2.4 For the period of July 1, 2025, through June 30, 2026, an amount not to exceed $60,389. 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: 602-372-2733 Jared.Beard@maricopa.gov D. Add the following Sections to the Agreement: 30.0 UYGHURS FORCED LABOR PREVENTION ACT (UFLPA) 30.1 The Town warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not, use: 30.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 30.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 30.1.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the Contract No.: C-22-22-122-X-01 Amendment No. 1 Town of Wickenburg Page 2 of 5 forced labor of ethnic Uyghurs in the People’s Republic of China. 30.2 If the Town becomes aware during the term of the Agreement that the Town is not in compliance with this paragraph, the Town shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Town to provide a written certification that the Town 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. 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. Contract No.: C-22-22-122-X-01 Amendment No. 1 Town of Wickenburg Page 3 of 5 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. 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 TOWN OF WICKENBURG: Rui Pereira Date Mayor FOR MARICOPA COUNTY: Jack Sellers, Chairman Date Board of Supervisors Attestation: Town 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 TOWN OF WICKENBURG UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Town 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-22-22-122-X-01 Amendment No. 1 Town of Wickenburg Page 4 of 5 CONTRACT SERVICE: Arizona@Work Workforce Development Town Of Wickenburg shared cost is 50% of FTE 12-Month Agreement Cost MCHSD Cost Town Of Wickenburg Cost Total Personnel - 1 FTE @ $31.46/hr * __2088_____ total hours 65,688 $ 32,844 $ 32,844 $ Maricopa County Merit Pay Increase for FY25 - 4% 2,628 $ 1,314 $ 1,314 $ Total Employee Related Expenses - ¹ERE = 19.92% + $13,632 27,241 $ 13,620 $ 13,620 $ Total Indirect Cost - ²22.2% 21,214 $ 10,607 $ 10,607 $ 116,770 $ 58,385 $ 58,385 $ 58,385 $ 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 Town Of Wickenburg Subtotal Effective Dates 7/1/2024 to 6/30/2025 Contract No.: C-22-22-122-X-01 Amendment No. 1 Town of Wickenburg Page 5 of 5 CONTRACT SERVICE: Arizona@Work Workforce Development Town Of Wickenburg shared cost is 50% of FTE 12-Month Agreement Cost MCHSD Cost Town Of Wickenburg Cost Total Personnel - 1 FTE @ $32.72/hr * __2088_____ total hours 68,319 $ 34,160 $ 34,160 $ Maricopa County Merit Pay Increase for FY26 - 4% 2,733 $ 1,366 $ 1,366 $ Total Employee Related Expenses - ¹ERE = 19.92% + $13,632 27,786 $ 13,893 $ 13,893 $ Total Indirect Cost - ²22.2% 21,941 $ 10,970 $ 10,970 $ 120,779 $ 60,389 $ 60,389 $ 60,389 $ ² Maricopa County Indirect Rate as allowed by OMB 2 CFR Part 200 requirements Total Cost for 12-Month for the Town Of Wickenburg 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