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Contract No. C-22-20-063-3-01 Amendment No. 1 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND AZCEND 1. Maricopa County (“County”) administered by its Human Services Department and AZCEND (“Subrecipient”) fully executed a financial Agreement (“Agreement”) on or about July 13, 2020. The purpose of the Agreement is to provide rapid rehousing services for individuals and families experiencing homelessness in Maricopa County. The County provided the Subrecipient with $15,000 in Emergency Solutions Grant (ESG). The term of the Agreement is from July 1, 2020, through June 30, 2021. The County and the Subrecipient collectively are referred to here as the “Parties.” 2. The Parties now agree to amend the Agreement by this Amendment No. 1 as follows: A. Extend the term of the Agreement for an additional one-year term, beginning July 1, 2021 through June 30, 2022. B. The County shall provide the Subrecipient with $12,964 in ESG Program Year/Fiscal Year (PY/FY2021/2022) funds for continued rapid rehousing services for individuals and families experiencing homelessness in Maricopa County. C. Funding availability under this Amendment No. 1 shall begin on July 1, 2021, and extend through June 30, 2022. D. Revise Section 1 (General Provision) to add the following Paragraphs: 54.0 FORCE MAJEURE 54.1 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. 54.2 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. AZCEND Page 1 of 5 Contract No. C-22-20-063-3-01 Amendment No. 1 54.3 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. 55.0 SURVIVAL The indemnification, hold harmless, defense, and non-liability provisions of this Agreement shall have full force and effect notwithstanding any other provisions in this Agreement and shall survive the termination or expiration of this Agreement. E. Revise Section 2 (Special Provisions), Paragraph 4 (Budget Adjustments, Change Orders and Amendments), by deleting Subparagraph 4.3, and replacing it with the following: 4.3 Administrative Change Orders – The Chairman of the Board of Supervisors is authorized upon the recommendation of the Human Services Department Director and Legal Counsel to make changes within the general scope of the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders shall be approved and fully executed by the Chairman of the Board of Supervisors and the Subrecipient. 4.3.1. Administrative Change Orders may address any of the following areas: 4.3.1.1. Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 4.3.1.2. Modifications to Budget line items if the Agreement Amount remains unchanged; 4.3.1.3. Modifications required by federal, state, or County regulations, ordinances, or policies; and 4.3.1.4. Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies, or requirements. 4.3.2. It is the responsibility of the Subrecipient to ensure the latest documents are consulted and followed. F. Revise Section 4 (Compensation) by deleting Paragraph 1 (Funding) and replacing it with the following: 1.0 FUNDING Subject to the availability and authorization of funds, the anticipated funding for this Agreement for fiscal year 2022 is $12,964. G. Revise Section 4 (Compensation) by deleting Paragraph 4 (Reimbursement) and replacing with the following: 4.0 REIMBURSEMENT AZCEND Page 2 of 5 Contract No. C-22-20-063-3-01 Amendment No. 1 4.1 The Subrecipient shall submit monthly request for reimbursement by the 15th calendar day of the month following the month close out. 4.2 The Subrecipient shall submit the final reimbursement for each Work Statement not later than 15 calendar days after the reimbursable period ends. 4.3 Sufficient backup shall also be attached to a reimbursement claim, such as a General Ledger or a detailed Expenditure Report, with the included charges identified. 4.4 All requests for reimbursements shall be submitted to: HSDFINANCE@MARICOPA.GOV 4.5 The County shall reimburse the Subrecipient on a Net 0 payment standard. H. Revise Section 5 (ATTACHMENTS), to add the attached Attachment 1 Operating Budget for Fiscal Year 2022. 3. Section 2 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. 4. The parties have authorized the undersigned to execute this Amendment No. 1, and it shall be effective upon approval and signature by both Parties. Signatures are contained on the following page. AZCEND Page 3 of 5 Contract No. C-22-20-063-3-01 Amendment No. 1 IN WITNESS, the Parties have approved and signed this Amendment No. 1: Approved By: Approved By: SUBRECIPIENT MARICOPA COUNTY Trinity Donovan Date Jack Sellers Date Chief Executive Officer Chairman, Board of Supervisors Attested to: Clerk, Board of Supervisors Date THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED DEPUTY COUNTY ATTORNEY WHO HAS DETERMINED THAT IT IS PROPER IN FORM AND WITHIN THE POWER AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Deputy County Attorney Date AZCEND Page 4 of 5 Contract No. C-22-20-063-3-01 Amendment No. 1 Attachment 1 Fiscal Year 2022 Operating Budget CONTRACT SERVICE: Rapid Rehousing CONTRACT PERIOD: 07/01/2021 - 6/30/2022 NAME: AZCEND I. PERSONNEL TOTAL Number of FTE Total Salary for the % Allocated Service SERVICE COUNTY Positions Level Position Title Contract Period MCHSD Percentage COST COST 1 1.00 Homeless/Housing Programs Manager $ 46,350.00 25% $44,558.00 $11,574.00 TOTAL: $44,558.00 $11,574.00 II. EMPLOYEE RELATED EXPENSES TOTAL COUNTY ITEM BASIS COST COST Average Fringe Rate Various Fringe Benefits Percentage Total Proposed Cost to MCHSD $13,367.40 $1,390.00 30% for agency / 12% County ERE $13,367.00 $1,390.00 TOTAL DIRECT COST: $57,925.00 $12,964.00 SUBTOTAL ADMIN COST: $0.00 $0.00 TOTAL SERVICE COST: $57,925.00 $12,964.00 AZCEND Page 5 of 5