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Contract No. C-22-19-046-3-02 Amendment No. 2 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND BANNER HEALTH I. Maricopa County (“County”), administered by its Human Services Department, and Banner Health, an Arizona non-profit, community- based organization, d/b/a Banner Home Care (“Banner Health”), entered into a financial Contract (“Agreement”) that was fully executed on or about June 26, 2019, for the term July 1, 2019, through June 30, 2020. The purpose of the Agreement is for County to provide Banner Health with funds for the support of senior services and for Banner Health, on a volunteer basis, to provide intake of applications for the Low Income Home Energy Assistance Program (LIHEAP) utility assistance program and provide Crisis Case Management and Financial Assistance Services. The County and Banner Health collectively are referred to as the “Parties.” The Parties fully executed Amendment No.1 on or about July 13, 2020, which (among other things) extended the Agreement term and provided funding for the period July 1, 2020, through June 30, 2021. II. The Parties agree to enter into this Amendment No. 2 to amend the Agreement as follows: A. In accordance with Section 4.0 (Agreement Renewal), extend the Agreement term from July 1, 2021, through June 30, 2022 (“Renewal Period No. 2”). B. Add that the County shall provide Banner Health with $10,000 in return for services provided under the Agreement during Renewal Period No. 2. C. Add that funding during Renewal Period No. 2 shall be provided in four equal increments of $2,500 on a quarterly basis within fifteen (15) calendar days after the end of each quarter of the fiscal year: July 1, 2021, to September 30, 2021; October 1, 2021, to December 31, 2021; January 1, 2022, to March 30, 2022; and April 1, 2022, to June 30, 2022. D. Revise Section 8.0 (Responsibilities of Organizations), Paragraph 8.3 (Reporting Requirements), by removing Sub-subsection 8.3.1.3 and replacing it with the following: 8.3.1.3 All reports and financial claims shall be submitted to: HSDFINANCE@MARICOPA.GOV E. Add the following sections: 19.0 SEVERABILITY Any provision of this Agreement that is determined to be invalid, void, or illegal by a court shall in no way affect, impair, or invalidate any other provisions of this Agreement and the remaining provisions shall remain in full force and effect. Page 1 of 3 Contract No. C-22-19-046-3-02 Amendment No. 2 20.0 GOVERNING LAW This Agreement is governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this Agreement shall be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona. 21.0 SURVIVAL The indemnification, hold harmless, and defense provisions of this Agreement shall have full force and effect notwithstanding any other provisions in this Agreement and shall survive the termination, cancellation, or expiration of this Agreement. 22.0 AUTHORIZATION Each Party warrants to the other Party that the appropriate governing body of the Party has authorized approval and signature of this Agreement. III. Section II above contains all the changes made by this Amendment No. 2. All other terms and conditions of the Agreement and Amendment No. 1 remain in full force and effect as approved and amended. IV. 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 in the following page Page 2 of 3 Contract No. C-22-19-046-3-02 Amendment No. 2 IN WITNESS, the Parties have approved and signed this Amendment No. 2: APPROVED BY: APPROVED BY: BANNER HEALTH MARICOPA COUNTY ___________________________________ ____________________________________ Lynn Rosenbach Date Jack Sellers Date VP Post-Acute Services Banner Health Chairman, Board of Supervisors Attestation to: ____________________________________ Clerk, Board of Supervisors Date APPROVED AS TO FORM: BY: _________________________________ Deputy County Attorney Date Page 3 of 3