AREA AGENCY ON AGING AMEND 1.PDF
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Contract No. C-22-22-173-X-01 Amendment No. 1 Area Agency on Aging, Region One Page 1 of 3 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND AREA AGENCY ON AGING, REGION ONE, INCORPORATED I. Maricopa County (“County”), administered by its Human Services Department, entered into a financial Agreement with Area Agency on Aging, Region One, Incorporated, (“Contractor”) which was fully executed on or about September 1, 2021. The Agreement Start date is September 1, 2021, and the Termination date is June 30, 2024. The Contractor and the County are collectively referred to as the “Parties” and individually as a “Party.” The purpose of the Agreement is to coordinate and expand services in Maricopa County for adults 60 years of age and older and adults with disabilities. The County provided $10,600,000 in American Rescue Plan Act (ARPA) funds under ALN 21.027 for Agreement activities. II. The Parties now agree to amend the Agreement by this Amendment No. 1 as follows: A. Revise section 3.0 (Contractor Responsibilities), subparagraphs to be removed in their entirety and replaced with the following: 3.1 Contractor shall utilize no more than $540,000 to complete a minimum of twenty-four (24) annual cleaning services, such as Biohazard and Bulk- Housekeeping for Senior and Adult Services Division clients. 3.1.2 The Contractor shall notify the County prior to conducting Biohazard and Bulk-Housekeeping clean services and include the: 3.1.2.1 Location of Biohazard and Bulk-Housekeeping clean service; 3.1.2.2 Description of Biohazard and Bulk-Housekeeping clean services to be provided; and 3.1.2.3 Date clean services will be conducted. 3.5.1 For Services in Paragraph 3.1 Biohazard and Bulk-Housekeeping clean: B. Revise section 10.0 (Funding, Invoicing, and Payment), subparagraph 10.5: 10.5 The County shall pay the Contractor an amount not to exceed $540,000 for the biohazard and bulk-housekeeping cleaning activities as described in Section 3.1 on a cost reimbursement basis. C. Add the following sections to the Agreement: 38.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 38.1 The Contractor warrants and certifies that it does not currently, and agrees for the duration of the contract that it will not, use: 38.1.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 38.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. Contract No. C-22-22-173-X-01 Amendment No. 1 Area Agency on Aging, Region One Page 2 of 3 38.1.3 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. 38.2 If the Contractor becomes aware during the term of the Contract that the Company 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 public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 39.0 FORCE MAJEURE 39.1 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. 39.2 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. 39.3 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. D. Revise Attachment A (Scope of Work) in the following subparagraphs: 1. Purpose 1st Bullet removed in its entirety and replaced with the following: • Provide up to $540,000 for Biohazard and Bulk-Housekeeping cleaning services minimum of 24 annually for Senior and Adult Services Division clients. 2. Performance Metrics 4th sub-bullet removed in its entirety and replaced with the following: o Biohazard and Bulk-Housekeeping cleaning services: Contract No. C-22-22-173-X-01 Amendment No. 1 Area Agency on Aging, Region One Page 3 of 3 ▪ Number of clients provided biohazard and bulk- housekeeping cleaning services. ▪ Amount spent per biohazard and bulk-housekeeping clean. 3. Reporting 1st and 2nd bullets revised: • Monthly Reports shall include expenditures by funded service including financial invoices and documentation supporting expenditures for the following: o Biohazard and Bulk-Housekeeping cleaning, including the number of services provided and expenditures for each cleaning. • Quarterly Reports shall include Performance Metrics listed above and expenditures for the following service activities: o Biohazard and Bulk-Housekeeping cleaning, number of cleanings conducted and cost for each. III. Section II above contains all the changes made by this Amendment No. 1. All other terms and conditions of the Agreement shall remain the same and in full force and effect as approved and amended. 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 both Parties. APPROVED BY: AREA AGENCY ON AGING ________________________________ Mary Lynn Kasunic Date President & CEO APPROVED BY: MARICOPA COUNTY _______________________________ Clink Hickman Date Chairman, Board of Supervisors Attested To: ________________________________ Juanita Garza Date Clerk of the Board APPROVED AS TO FORM: _______________________________ Deputy County Attorney Date