CITY OF SCOTTSDALE IGA AMENDMENT 1.PDF
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Contract No.: C-22-23-122-X-01 Amendment No. 1 City of Scottsdale Page 1 of 4 AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF SCOTTSDALE I. Maricopa County (the “County”), administered by its Human Services Department, and the City of Scottsdale (“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 20, 2023. Under the Agreement, the City provides funds to the County for program service delivery. The Agreement term is July 1, 2023, through June 30, 2024. 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. Extend the Agreement termination date from July 1, 2024, through June 30, 2025. (1st renewal option) B. Revise Section 6.0 (FUNDING), by adding the following subsection: 6.2.2 For the period of July 1, 2024 through June 30, 2025, an amount not to exceed $56,762; C. 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. 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, they shall notify the County of the noncompliance within five business days Contract No.: C-22-23-122-X-01 Amendment No. 1 City of Scottsdale Page 2 of 4 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 Contract No.: C-22-23-122-X-01 Amendment No. 1 City of Scottsdale Page 3 of 4 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 SCOTTSDALE: David D. Ortega, Mayor Date FOR MARICOPA COUNTY: Jack Sellers, Chairman Date Board of Supervisors Attestation: Ben Lane, 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 SCOTTSDALE UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Sherry R. Scott, City Attorney Date By: Joe Padilla, Deputy City Attorney 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-22-23-122-X-01 Amendment No. 1 City of Scottsdale Page 4 of 4 CONTRACT SERVICE: Arizona@Work Workforce Development City of Scottsdale shared cost is 50% of FTE 12-Month Agreement Cost MCHSD Cost City of Scottsdale Cost Total Personnel - 1 FTE @ $30.44/hr * __2088_____ total hours 63,559 $ 31,779 $ 31,779 $ Maricopa County Merit Pay Increase for FY25 - 4% 2,542 $ 1,271 $ 1,271 $ Total Employee Related Expenses - ¹ERE = 19.92% + $13,632 26,799 $ 13,400 $ 13,400 $ Total Indirect Cost - ²22.2% 20,624 $ 10,312 $ 10,312 $ 113,524 $ 56,762 $ 56,762 $ 56,762 $ 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 Scottsdale Subtotal Effective Dates 7/1/2024 to 6/30/2025