CITY OF TOLLESON CAP AMENDMENT 2.PDF
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Contract No. C-22-22-120-X-02 Amendment No. 2 City of Tolleson Page 1 of 3 AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF TOLLESON I. Maricopa County (“County”), administered by its Human Services Department, and the City of Tolleson, (“Contractor”) entered into a financial Intergovernmental Agreement (“Agreement”), on or about June 22, 2022. The purpose of the Agreement is for the Contractor to provide Community Action Program (CAP) services to include crisis case management, coordination of services to assist low-income households in crisis situations, and assistance to move closer to economic self-sufficiency in Tolleson and surrounding areas. The County and the Contractor collectively are referred to as the “Parties.” The Parties entered into Amendment No. 1 on or about June 28, 2023. The Amendment extended the Agreement term from July 1, 2023 through June 30, 2024. Section 3 (Work Statement) was removed in its entirety and replaced with a new Scope of Work. Section 4 (Budget and Compensation) was revised in the Amendment for fiscal year 2024. II. The Parties agree to enter into this Amendment No. 2 to amend the Agreement as follows: A. Revise Section 1 (General Provisions) to add the following paragraphs to the Agreement: 57.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 57.1 The Subrecipient warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not, use: 57.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China 57.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China 53.1.1 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. 57.2 If the Contractor becomes aware during the term of the Agreement that the Contractor is not in compliance with this paragraph, the Contractor shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Contractor to provide a written certification that the Contractor 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. Contract No. C-22-22-120-X-02 Amendment No. 2 City of Tolleson Page 2 of 3 B. Revise Section 4 (Budget and Compensation), Paragraph 1.0 (Budget), Subparagraph 1.2.4 (Funding), by adding Assistance Listing Number (ALN) 21.027 American Rescue Plan Act (ARPA) as a source of funding. The ARPA ALN is an existing source of funding in the Agreement and the overall Agreement budget is not impacted. III. Under A.R.S. §38-511, the Parties 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. 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. V. The above contains all the changes to the Agreement made by this Amendment No. 2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. VI. The Parties have authorized the undersigned to execute this Amendment No. 2, and it shall be effective upon approval and signature by both Parties. [Signatures contained on following page] Contract No. C-22-22-120-X-02 Amendment No. 2 City of Tolleson Page 3 of 3 IN WITNESS, the Parties have approved and signed this Amendment No. 2: APPROVED BY: CITY OF TOLLESON APPROVED BY: MARICOPA COUNTY ___________________________________ Mayor Date ____________________________________ Jack Sellers, Chairman Date Board of Supervisors Attested To: ___________________________________ City Clerk Date Attested To: ____________________________________ Clerk of the Board Date IN ACCORDANCE WITH A.R.S. §§ 9-240, 9- 500.11, 11-952, AND 46-241, ET SEQ., THIS AMENDMENT NO. 2 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 TOLLESON UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: BY: ________________________________ Attorney for the City 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: BY: _________________________________ Deputy County Attorney Date