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Contract No. C-22-22-151-X-01 Amendment No. 1 HOM Inc. Page 1 of 4 AMENDMENT NO. 1 TO COMPETITION IMPRACTICABLE AGREEMENT BETWEEN MARICOPA COUNTY AND HOM, INCORPORATED I. Maricopa County (“County”) administered by its Human Services Department and HOM, Incorporated (“Contractor”) fully executed a Competition Impracticable financial Agreement on or about July 14, 2021. The County and the Contractor are referred to as the “Parties” or individually as the “Party.” The County provided the Contractor with $4,970,555 in American Rescue Plan Act, Coronavirus State and Local Fiscal Recovery Funds (“ARPA”) under the Assistance Listing Number 21.027 for the Contractor to provide a centralized, system-wide landlord engagement service for the homeless population in Maricopa County. The Agreement term began July 14, 2021, through June 30, 2023. II. The Parties agree to enter into this Amendment No. 1 to amend the Agreement as follows: A. Extend the Contract term from June 30, 2023, through June 30, 2025. B. Increase funding amount by $2,500,000 from $4,970,556 to a not to exceed amount of $7,470,556. C. Revise Section 1.0 (General Provisions) by adding the following paragraphs: 52.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 52.1 The Contractor warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not, use: 52.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 52.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 52.1.3 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. 52.2 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-22-22-151-X-01 Amendment No. 1 HOM Inc. Page 2 of 4 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. 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. D. Revise Section 2 (Special Provisions) in the following subparagraphs by removing in its entirety and replacing with the following: 6.4 Documentation and Recording Keeping 6.4.2 System for Award Management -The Contractor and all subcontractors or subrecipients shall have a valid Unique Entity Identifier (UEI) number and an active profile in the federal System for Award Management, or SAM.gov. Documentation of the UEI Number must be included in all project files. 6.7 Subcontracts 6.7.2 Unique Entity Identifier: All Subcontractors shall have a valid UEI number and an active profile in the federal System for Award Management (SAM). E. Revise Section 3.0 (Work Statement), subparagraph 3.0 (Performance Management Deliverables), sub-subparagraph 3.7 by removing in its entirety and replacing with the following: 3.7 Annual performance report highlighting key outputs, outcomes, and lessons learned. F. Revise Section 4 (Budget and Compensation) by addressing the following: 1.0 Remove the Budget in its entirety and replace with a revised budget. Contract No. C-22-22-151-X-01 Amendment No. 1 HOM Inc. Page 3 of 4 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. IN WITNESS, the undersigned warrant they are authorized to execute this Agreement on behalf of each Party and that this Agreement is therefore binding on the Parties: APPROVED BY: HOM Incorporated ___________________________________ Michael Shore Date President/CEO APPROVED BY: MARICOPA COUNTY ____________________________________ Clint Hickman Date Chairman, Board of Supervisors Attested to: Juanita Garza Date Clerk, Board of Supervisors APPROVED AS TO FORM: Deputy County Attorney Date Contract No. C-22-22-151-X-01 Amendment No. 1 HOM Inc. Page 4 of 4 HOM Inc Revised Budget Description FY21 - FY23 Budget FY24-FY25 Budget FY21 - FY25 Budget Employee Salaries (6.35 employees) $ 966,225 $ 813,716 $ 1,779,941 Employee ERE (6.35 employees) $ 241,556 $ 161,284 $ 402,840 Total Salaries & ERE - 6.35 Staff $ 1,207,781 $ 975,000 $ 2,182,782 Total Vehicle Operation $ 89,457 $ 32,500 $ 121,957 Total Occupancy & Insurance $ 135,449 $ 127,500 $ 262,949 Total Office Support $ 59,952 - $ $ 59,952 Total Technology $ 142,012 $ 90,000 $ 232,012 Total Professional $ 74,980 - $ $ 74,980 Total Advertising $ 395,200 $ 60,000 $ 455,200 Total Direct Expense $ 897,050 $ 310,000 $ 1,207,050 Total Direct Salaries & Expense 2,104,831 $ 1,285,000 $ 3,389,832 $ Administration 210,482 $ 125,000 $ 335,482 $ Profit 105,242 $ 90,000 $ 195,242 $ Total Administration 315,724 $ 215,000 $ 530,724 $ Total Direct Salaries & Admin 2,420,555 $ 1,500,000 $ 3,920,556 $ Total Landlord Financial Incentive and Risk Mitigation Funding 2,550,000 $ 1,000,000 $ 3,550,000 $ Grand Total 4,970,555 $ 2,500,000 $ 7,470,556 $