CITY OF BUCKEYE IGA AMENDMENT 1.PDF

Contract No. C-22-21-130-X-01 
 
Amendment No. 1 
Page 1 of 2 
City of Buckeye 
AMENDMENT NO. 1 TO THE 
INTERGOVERNMENTAL AGREEMENT 
FOR SERVICES BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT 
AND 
THE CITY OF BUCKEYE 
 
I. 
Maricopa County (“County”), administered by its Human Services Department, entered 
into a financial Intergovernmental Agreement (“Agreement”) with the City of Buckeye 
(“Subrecipient”) on or about July 14, 2021. The purpose of the Agreement is for the 
Subrecipient to expand the kitchen at the Buckeye Senior Center. The County has 
provided the Subrecipient with $540,000 in U.S. Department of Housing and Urban 
Development (HUD) Community Development Block Grant (CDBG) funds. The term of 
the Agreement is from July 1, 2021 and ends on June 30, 2023. The County and the 
Subrecipient collectively are referred to as the “Parties.” 
 
II. 
The Parties agree to amend the Agreement by this Amendment No. 1 as follows: 
 
A. 
Add that the County shall increase funding by $60,000 for the Subrecipient to 
complete the kitchen expansion project at the Buckeye Senior Center identified in 
Section 3 (Work Statement), Subparagraph 2.0 (Scope of Work) in the Agreement. 
 
B. 
The Agreement total amount shall be increased from $540,000 to $600,000. The 
funding for this Amendment No. 1 is provided by Catalog of Federal Domestic 
Assistance (CFDA) 14.218, U.S. Department of Housing and Urban Development 
(HUD) Community Development Block Grant (CDBG) funds. 
 
C. 
Revise Section 4 (Budget and Compensation) Paragraph 1.0 (Budget) as follows: 
Activity 
Budget 
Construction 
$600,000.00 
Total 
$600,000.00 
 
D. 
Revise Section 1 (General Provisions) to address the following: 
Add paragraph 53.0 (FORCE MAJEURE): 
53.1 
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. 
53.2 
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.

Contract No. C-22-21-130-X-01 
 
Amendment No. 1 
Page 2 of 2 
City of Buckeye 
53.3 
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. 
Section II above contains all the changes made by this Amendment No. 1. All other terms 
and conditions of the Agreement shall remain unchanged and in full force and effect as 
executed by the Parties. 
 
IV. 
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 the Parties. 
 
IN WITNESS, the Parties have approved and signed this Amendment No. 1: 
 
APPROVED BY: 
THE CITY OF BUCKEYE 
APPROVED BY: 
MARICOPA COUNTY 
 
 
___________________________________ 
Roger Klingler                                        Date 
City Manager 
 
 
 
____________________________________ 
Jack Sellers                                             Date 
Chairman, Board of Supervisors 
Attestation to: 
 
 
 
 
 
 
 
 
 
City Clerk                                               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 THIS 
AMENDMENT NO. 1 IS PROPER IN FORM 
AND 
WITHIN 
THE 
POWERS 
AND 
AUTHORITY GRANTED TO THE CITY OF 
BUCKEYE UNDER THE LAWS OF THE 
STATE OF ARIZONA. 
Attestation to: 
 
 
 
 
 
 
 
 
 
Clerk, Board of Supervisors                   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 THIS AMENDMENT NO. 1 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: 
 
 
 
 
 
 
 
 
 
Attorney for the Subrecipient                  Date 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
Deputy County Attorney                          Date