CITY OF GOODYEAR IGA AMENDMENT 1.PDF
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Contract No.: C-22-24-001-X-01
Amendment No. 1
City of Goodyear
Page 1 of 3
AMENDMENT NO. 1
TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF GOODYEAR
I.
Maricopa County (the “County”), administered by its Human Services Department, and
the City of Goodyear (“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 July 26, 2023. Under the Agreement, the City provides funds to the County for
program service delivery. The Agreement term is August 1, 2023, through June 30, 2025.
The Agreement may be extended for two (2) additional one-year terms, provided the City
is in compliance with the terms and conditions of the 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.
Revise Section 6.0 (FUNDING), by removing subsubsections 6.2.1 and 6.2.2 in its
entirety and replace with the following:
6.2.1 The City shall compensate the County in an amount not to exceed $50,795
for the period of August 1, 2023, to June 30, 2024.
6.2.2 The City shall compensate the County in an amount not to exceed $55,982
for the period of July 1, 2024 to June 30, 2025.
B.
Revise Section 8.0 (PAYMENTS), by removing subsection 8.1 in its entirety and
replace with the following:
8.1
Subject to ongoing review and possible modifications during the term or
terms of this Agreement, the City shall pay the County based on the County
submitting a quarterly invoice. The City shall prepare and issue payment
within 30 calendar days of receipt of the invoice, except for the last month
of each fiscal year for which the City shall submit payment by July 5th of
each year. Payments shall be submitted to the Department’s Finance
Division at the address 234 North Central Avenue, Phoenix, Arizona 85004.
C.
Add the following Sections to the Agreement:
27.0
UYGHURS FORCED LABOR PREVENTION ACT (UFLPA)
27.1
The City warrants and certifies that it does not currently, and agrees
for the duration of the agreement that it will not, use:
27.1.1 the forced labor of ethnic Uyghurs in the People's Republic
of China.
27.1.2 any goods or services produced by the forced labor of ethnic
Uyghurs in the People's Republic of China.
27.1.3 any contractors, subcontractors or suppliers that use the
forced labor or any goods or services produced by the
Contract No.: C-22-24-001-X-01
Amendment No. 1
City of Goodyear
Page 2 of 3
forced labor of ethnic Uyghurs in the People's Republic of
China.
27.2
If the City becomes aware during the term of the Agreement that the City
is not in compliance with this paragraph, the City shall notify the County
within five business days after becoming aware of the noncompliance.
Failure of the City to provide a written certification that the City 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.
28.0
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.
29.0
FORCE MAJEURE
29.1
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.
29.2
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.
29.3
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
Contract No.: C-22-24-001-X-01
Amendment No. 1
City of Goodyear
Page 3 of 3
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 CITY OF GOODYEAR:
Joesph Pizzillo Date
Mayor
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 GOODYEAR 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