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Contract No. C-22-20-059-3-05 Amendment No. 5 AMENDMENT NO. 5 TO THE CONTRACT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CIRCLE THE CITY I. Maricopa County (“County”), administered by its Human Services Department, and Circle the City, a non-profit, community-based organization (“Contractor”), fully executed a financial agreement (“Agreement”), on or about June 24, 2020, for nursing services for individuals experiencing homelessness who are COVID-19 positive or symptomatic at the County temporary housing facility (“Facility”). The Agreement Start Date is May 11, 2020. In accordance with the terms of the Agreement, the County agreed to pay the Contractor an amount not to exceed $955,584 in FY20 Maricopa County General Funds for the services. The County and Contractor collectively are referred to as the “Parties.” The Parties fully executed Amendment No. 1 on or about October 7, 2020. Among other things, it extended the Termination Date from September 30, 2020, to December 30, 2020, clarified the services to be provided, and changed the location where the services are to be provided. The Parties fully executed Amendment No. 2 on or about January 27, 2021. Among other things, it extended the Termination Date from December 31, 2020, through to March 31, 2021, and added an additional $938,720 in funding under CFDA 21.019 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, the Agreement amount shall not to exceed $1,894,304. The Parties fully executed Amendment No. 3 on or about March 10, 2021. It increased the Agreement funding by $1,000,000 under CARES Act and increased Agreement to a not- to-exceed amount of $2,894,304 under CARES Act and provided direction on submitting invoices. The Parties fully executed Amendment No. 4 on or about March 24, 2021. It extended the Termination Date from March 31, 2021 through June 30, 2021. The Amendment also provided the Contractor with $1,000,000 under CARES Act. The Agreement amount increased to a not-to-exceed amount of $3,894,304. II. The Parties agree to enter into this Amendment No. 5 to amend the Agreement as follows: A. Revise Subsection 6.1 of Section 6.0 (Agreement Renewal) to read as follow: 6.1 The Agreement may be renewed by a written amendment six (6) times for a period of three months each, provided however that the Contractor is in full compliance with all terms and conditions of this Agreement. B. Extend the Termination Date from July 1, 2021, through September 30, 2021. 1 Contract No. C-22-20-059-3-05 Amendment No. 5 C. Revise Section 10.0 (Funding, Invoicing, and Payment), Subsections 10.6, 10.7 and 10.8, to read as follows: 10.6 The funding for this Agreement is as follows: 1. Agreement: $955,584 County General Funds, 2. Amendment 2: $938,720 CARES Act, 3. Amendment 3: $1,000,000 CARES Act, and 4. Amendment 4: $1,000,000 CARES Act. Amendment No. 5 shall provide the Contractor with an increase in funding in the amount of $300,000 under CARES Act. The funding availability period is July 1, 2021, through September 30, 2021. The Agreement amount shall now be increased to a total not-to-exceed amount of $4,194,304. 10.7 The Subrecipient shall submit monthly invoices no later than the 15th calendar day of each month. 10.8 The Contractor shall submit the June 2021 invoice no later than July 15, 2021. The September 2021 invoice shall be submitted no later than October 15. D. Add the following new section: 39.0 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 or expiration of this Agreement. III. Section II above contains all the changes made by this Amendment No. 5. All other terms and conditions of the Agreement and Amendment Nos. 1, 2, 3, and 4 shall remain the same and in full force and effect as approved. IV. The Parties have authorized the undersigned to execute this Amendment No. 5 on their behalf. V. This Amendment No. 5 shall be effective as of July 1, 2021, upon approval and signature by both Parties. Signatures are contained on the following page. 2 Contract No. C-22-20-059-3-05 Amendment No. 5 IN WITNESS, the Parties have approved and signed this Amendment No. 5: FOR AND ON BEHALF OF FOR MARICOPA COUNTY: CIRCLE THE CITY: _____________________________________ _____________________________________ Kimberly Despres, Interim CEO Date Jack Sellers Date Chairman of the Board of Supervisors Attested To: _____________________________________ Juanita Garza Date Clerk of the Board This Amendment No. 5 has been reviewed by the undersigned Deputy County Attorney who has determined that 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: _____________________________________ Deputy County Attorney Date 3