AMENDMENT 3 RE HOMELESS OUTREACH WITH_CITY OF AVONDALE.PDF
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C-22-24-004-X-03 Amendment No. 3 City of Avondale Page 1 of 5 AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE CITY OF AVONDALE I. Maricopa County (“County”) administered by its Human Services Department and the City of Avondale (“City” or “Subrecipient”) entered into a financial agreement (“Agreement) on or about September 6, 2023. The Agreement term is August 1, 2023, through June 30, 2025. The purpose of the Agreement is to expand homeless services in Avondale. The City shall conduct street outreach to persons experiencing homelessness, and provide shelter, navigation services, and flex funds (the “Project”). The County provided the Subrecipient with $262,500 ($200,000 in American Rescue Plan Act (“ARPA”) funds under Assistance Listing Number (ALN) 21.027 and $62,500 in Maricopa County General funds for the Project activities. The County and the Subrecipient may be referred to individually as “Party” or collectively as “Parties.” The Parties executed Amendment No.1 on or about November 20, 2024. The Amendment revised and replaced Paragraph 5.0 (Administrative Change Orders). Required clauses were added to the Agreement and the County point of Contact was updated. Paragraph 6.0 (Funding, Invoicing, And Payment) was revised and replaced in its entirety. Exhibit A-Statement of Work, Paragraph 6.0 (Budget) was revised and replaced in its entirety. The total Agreement amount did not change. The Parties executed Amendment No.2 on or about June 6, 2025. The Amendment extended the Agreement termination date through December 31, 2025. Paragraph 6.0 (Funding, Invoicing, And Payment) was revised and replaced in its entirety. The total Agreement amount did not change. II. The Parties now agree to amend the Agreement as follows: A. Revise Paragraph 5.0 (Administrative Change Orders) and replace in its entirety with the following: 5.0 ADMINISTRATIVE CHANGE ORDERS 5.1 The Chairman of the Board of Supervisors is authorized, upon the recommendation of the Human Services Department Director and Legal Counsel, to review and execute administrative changes to the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders will be effective upon execution by both the Parties. Administrative Change Orders shall address any of the following changes: 5.1.1 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 5.1.2 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats C-22-24-004-X-03 Amendment No. 3 City of Avondale Page 2 of 5 required by federal, state, and local regulations, policies, or requirements. B. Revise Paragraph 6.0 (Funding, Invoicing, And Payment) and replace in its entirety with the following: 6.0 FUNDING, INVOICING, AND PAYMENT The County shall provide the Subrecipient with $200,000 in ARPA funds under Assistance Listing Number (ALN) 21.027 (FAIN / AWARD DATE: 21.027: SLFRP0146 awarded 5/18/2021) provided to the County through the U.S. Department of Treasury, and $62,500 in Maricopa County General Funds (GF). C. Revise Paragraph 24.0 (General Indemnification) and replace in its entirety with the following: 24.0 GENERAL INDEMNIFICATION Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party and its officers, officials, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney and expert fees) (collectively referred to as “Claims”) either arising from or related to breach of this Agreement, but only to the extent that such Claims are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions. The obligations under this Section 24 shall survive termination of this Agreement. D. Add the following Paragraph to the Agreement: 58.0 BUDGET ADJUSTMENTS 58.1 The Subrecipient must receive prior written approval from the County to move funds from one budget line item to another. Twenty-five percent (25%) of the total Agreement amount may be adjusted between budget categories as shown in Exhibit A-Statement of Work, Paragraph 6.0 (Budget-Line-Item Expenditures) with prior written permission of the County Program Manager. The Budget Modification Template (Attachment 1) once executed and approved by the County Program Manager will become an addendum to the Agreement. 58.2 If a budget adjustment is necessary that either increases or decreases the Agreement amount, then the County shall follow Section 1 (General Provisions), Paragraph 4.0 (Amendments) of this Agreement to amend the Agreement. C-22-24-004-X-03 Amendment No. 3 City of Avondale Page 3 of 5 E. Revise Exhibit A-Statement of Work, Paragraph 6.0 (Budget) in its entirety and replace with the following: BUDGET FUNDING SOURCES Sources Total Maricopa County – ARPA $200,000 Maricopa County-General Funds $62,500 Line Item Expenditure Categories County Costs I-HELP Shelter Street Outreach Flex Funding Family Navigation TOTALS: $262,500 F. Add Budget Modification Template contained herein as Attachment 1 to the Agreement. III. Section II above contains all the changes to the Agreement made by this Amendment No. 3. The Agreement is amended to incorporate the changes contained in this Amendment No. 3. All other terms and conditions of the Agreement remain in full force and effect as executed by the Parties. This Amendment No. 3 is subject to and incorporates the provisions of A.R.S. § 38-511. IV. The Parties have authorized the undersigned to execute this Amendment No. 3 on their behalf and it shall be effective upon approval and signature by both Parties. [Signatures contained on the following page] C-22-24-004-X-03 Amendment No. 3 City of Avondale Page 4 of 5 IN WITNESS, the Parties have approved and signed this Amendment No. 3: APPROVED BY: CITY OF AVONDALE APPROVED BY: MARICOPA COUNTY ___________________________________ Mike Pineda, Date Mayor ____________________________________ Thomas Galvin, Chairman Date Board of Supervisors Attested To: ___________________________________ Marcella Sarmiento, City Clerk Date Attested To: ____________________________________ Juanita Garza, Date Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 9-240, 9- 500.11, 11-952, AND 46-241, ET SEQ., THIS AMENDMENT NO. 3 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE CITY OF AVONDALE UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: BY: ________________________________ Attorney for the City Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 3 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED 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: BY: _________________________________ Deputy County Attorney Date C-22-24-004-X-03 Amendment No. 3 City of Avondale Page 5 of 5 ATTACHMENT 1 BUDGET MODIFICATION TEMPLATE