AMENDMENT 1 RE HOMELESS OUTREACH WITH CITY OF PEORIA.PDF
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Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 1 of 15 AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF PEORIA I. Maricopa County (“County”), administered by its Human Services Department, entered into a financial Intergovernmental Agreement (“Agreement”) with the City of Peoria (“City”) which was fully executed on or about June 12, 2024. The purpose of the Agreement is to establish a collaboration between the Parties to reduce homelessness in Maricopa County through the County’s “Hand in Hand” program (the Program). Program outreach will include a combination of case management, coordination with municipal entities, workforce and mental health care connections and substance use support. The Agreement term is July 1, 2024, through June 30, 2025. Under the Agreement, the City provided $75,000 to the County for program service delivery. The County and the City collectively are referred to as the “Parties” and individually as the “Party.” II. The Parties now agree to modify the Agreement as authorized by Paragraph 4.0 (Amendments) of the Agreement as follows: A. The City shall provide the County with an amount of $75,000 for the period of July 1, 2025, through June 30, 2026, Fiscal Year 2026 as shown in Attachment A: Budget. B. Extend the Agreement term through June 30, 2026. C. Add the City of Peoria’s Unique Entity Identifier (UEI) ID Number to Page 1 of the Agreement (ML1ZY81QDEW8). D. Revise Paragraph 2.0 (Purpose), Subparagraph 2.1, and replace with the following: 2.1 The purpose of this Agreement is to establish a collaboration between the Parties focused on a strategy to reduce homelessness in the West Valley communities, including the Agua Fria Wash, through the County’s “Hand in Hand” Program (Program). The City of Surprise, Sun City, Sun City West, Waddell, Wittmann, Town of Youngtown and City of El Mirage (Subregional Partners) are committed to provide outreach teams with needed resources to assist individuals who are unsheltered to transition into permanent housing. E. Revise Paragraph 8.0 (Responsibilities of Organizations) and replace in its entirety with the following: 8.0 RESPONSIBILITIES OF ORGANIZATIONS 8.1 The County shall provide some or all of the following services, dependent on the needs of the City, and will adjust services and provisions accordingly, and under terms agreed upon between the Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 2 of 15 County and the City prior to necessary alterations of County responsibilities: 8.1.1 Assign outreach staff, either County staff or contracted agency staff to: 8.1.1.1 Provide outreach 7 days a week, a minimum of 8 hours a day. 8.1.1.2 Collaborate with homelessness service agencies and other local partners to coordinate services for clients. 8.1.1.3 Complete information in HMIS (Homeless Management Information System) and ensure demographic data is entered on all persons contacted, and all activities assisted with under this Program in accordance with the local HMIS standards on data collection. Outreach staff must also enter latitude and longitude to log locations where individuals were contacted. 8.1.1.4 Utilize the Continuum of Care (COC) Community Adopted Best practices as a guide for core competencies and service delivery. 8.1.1.5 Ensure activities are designed to meet the immediate needs of people experiencing homelessness in unsheltered locations by connecting them with emergency shelter, housing, or critical services, and providing them with urgent, non-facility-based care. Component services generally consist of: 8.1.1.5.1 Engagement 8.1.1.5.1.1 Activities to locate, identify and build relationships with individuals or families living in unsheltered settings for the purpose of providing immediate support, intervention, and connections with homeless assistance programs or mainstream social services and housing programs. 8.1.1.5.1.2 These activities consist of making an initial assessment of needs and eligibility; providing crisis counseling; addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries; and actively connecting and providing information and referrals to programs targeted to homeless people and mainstream social services and housing programs, including emergency shelter, transitional housing, community- based services, permanent Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 3 of 15 supportive housing, and rapid re-housing programs. 8.1.1.5.2 Case management 8.1.1.5.2.1 Assessing housing and service needs, and arranging, coordinating, and monitoring the delivery of individualized services. 8.1.1.5.2.2 Eligible services and activities are as follows: using coordinated entry; conducting the initial evaluation, including verifying and documenting eligibility; counseling; developing, securing, and coordinating services; obtaining Federal, State, and local benefits; monitoring and evaluating program participant progress; providing information and referrals to other providers; and developing an individualized housing and service plan, including planning a path to permanent housing stability. 8.1.1.5.2.3 These services may be provided to clients staying in shelter via hotel or homeless shelter service providers lacking case management services within the designated service area. 8.1.1.5.3 Transportation: 8.1.1.5.3.1 The transportation costs of travel by outreach workers, social workers, medical professionals, or other service providers are eligible, provided that this travel takes place during the provision of services eligible under this section. The costs of transporting unsheltered people to emergency shelters or other service facilities are also eligible. Transportation to be provided within 90 minutes of notification or identification of an eligible client. 8.1.1.5.4 Administration of flex funds: 8.1.1.5.4.1 Flexible spending account funds must be for the purpose of clients obtaining or retaining housing and/or eliminate Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 4 of 15 barriers in obtaining or retaining housing. Priority given to clients currently sleeping outdoors and not in shelter. 8.1.1.5.4.2 Flex funds can be administered with up to $5,000 per household per year. 8.1.1.5.4.3 Expenditures can include any of the following items (any items not on this list must receive prior approval from Maricopa County before purchase): 8.1.1.5.4.3.1 Hotel stays 8.1.1.5.4.3.2 Diversion to another sheltered location (bus ticket to family, friend in another jurisdiction or state) 8.1.1.5.4.3.3 Legal fees for prior legal judgements or expunging legal judgements 8.1.1.5.4.3.4 Vehicle repairs or vehicle payments to prevent loss of employment 8.1.1.5.4.3.5 Housing search and placement 8.1.1.5.4.3.6 Rental application fees (when charged by the owner to all applicants) 8.1.1.5.4.3.7 Security deposits (no more than two month’s rent) 8.1.1.5.4.3.8 Rent for the last month of a lease agreement 8.1.1.5.4.3.9 Utility deposits (when required by utility company for all customers) 8.1.1.5.4.3.10 Moving and storage costs for up to three months 8.1.1.5.4.3.11 Costs associated with pet rent, pet fees, and/or pet related costs that Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 5 of 15 are a barrier to housing or shelter services 8.1.1.5.4.3.12 Service Eligibility 8.1.1.5.4.3.13 Other housing related costs that are a great burden or barrier to remaining sheltered (household furniture like a mattress, cookware); these must be approved in writing by Maricopa County Homeless Initiatives staff 8.1.1.5.4.3.14 Other items must be approved in writing by Maricopa County 8.1.2 Assign County Coordinator to be the primary liaison with City officials, local designees, and the street outreach team to effectively execute the Program. The Coordinator will: 8.1.2.1 Work with local designees to coordinate services with local emergency services, parks and recreation, libraries, and other departments as outlined by the City. 8.1.2.2 Act as a point of contact for the County to respond to escalated issues. 8.1.2.3 Coordinate regular case conferencing meetings to improve service delivery of clients experiencing homelessness. 8.1.3 Provide the City with reports on a monthly basis, on the 30th of the month for the previous month of activities containing the following data metrics at a minimum: 8.1.3.1 Summary of services provided: 8.1.3.1.1 Outreach 8.1.3.1.1.1 Total number of unduplicated contacts 8.1.3.1.1.2 Total number of unduplicated clients engaged in the program 8.1.3.1.1.3 Total number of positive exits 8.1.3.1.1.4 Total number of clients that obtain receipt of outside benefits 8.1.3.1.1.5 Total number of referrals received 8.1.3.1.1.6 Response time: same day, 1 day and 2 or more days Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 6 of 15 8.1.3.1.1.7 Provide access to HMIS data/metrics as requested and agreed upon for reporting purposes. 8.1.3.1.2 Flex funds 8.1.3.1.2.1 Total number of applications received. 8.1.3.1.2.2 Total number of applications processed. 8.1.3.1.2.3 Total number of clients that obtained housing. 8.1.4 Collaborate with the City to establish a standard response time for outreach referrals to be reported monthly. 8.2 The City shall: 8.2.1 Work collaboratively with the County and other Subregional Partners in implementing the effort primarily through: 8.2.1.1 Regular meetings to create strategic plans and to review progress. 8.2.1.2 City encampment notification and clean-up procedures training. 8.2.1.3 Facilitating connections to key City departments and points of contact to further the goal of the effort. 8.2.1.4 Identification of a primary point of contact to represent the City in strategic plans, progress, and escalated issues. 8.2.1.5 Review of data and findings to identify opportunities, where possible, for sustainability of services beyond the term of this contract. 8.2.2 Reimburse the County for eligible expenses made against the Budget specified on Page 1. F. Revise Paragraph 10.0 (Notices) to update the contact information for the Maricopa County point of contact and replace with the following: County: Name: KateLynn Dean Title: Homeless Initiatives Program Manager Maricopa County Human Services Department 234 N Central Avenue, Suite 3000 Phoenix, AZ 85004 Telephone: 602-657-0361 Email: katelynn.dean@maricopa.gov G. Add the following Paragraphs to the Agreement: 24.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 7 of 15 party, this Agreement will promptly be physically amended to make such insertion or correction. 25.0 FORCE MAJEURE 25.1 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. 25.2 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. 25.3 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. 26.0 SYSTEM FOR AWARD MANAGEMENT The City 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. The City must remain current with their registration throughout the term of the Agreement per 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. 27.0 ADMINISTRATIVE CHANGE ORDERS 27.1 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: 27.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 27.1.2 Modifications to Budget line items if the Agreement amount remains unchanged; 27.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 8 of 15 27.1.4 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by federal, state, and local regulations, policies, or requirements. 28.0 EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 28.1 The Parties agrees that this Agreement and their employees working on this Agreement will be subject to the whistleblower rights and remedies in the federal pilot program established at 41 U.S.C. § 4712 by Section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and Section 3.908 of the Federal Acquisition Regulation; 28.2 The City shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by the City and copies provided to County upon request; and 28.3 The Parties shall insert the substance of this clause, including this Paragraph 28.0, in all subcontracts over the agreed upon simplified acquisition threshold ($250,000 as of June 2021). 29.0 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this Agreement, the Parties agree to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. §§ 200, et seq, and OMB Circulars. 30.0 RETENTION OF RECORDS 30.1 This provision applies to all financial and programmatic records, supporting document, statistical records, and other records of the City that are related to this Agreement. 30.2 The City shall retain all records relevant to this Agreement for six (6) years after project closeout or until after the resolution of any audit questions which could be more than six (6) years, whichever is longer, and the County, federal and state auditors and any other persons duly authorized shall have full access to, and the right to examine, copy, and make use of any and all of the records. Any such access shall be coordinated with the City, which shall include, without limitation, restricting audits to the normal business hours of the City and being accompanied with City staff while on site. 31.0 ADEQUACY OF RECORDS If the City’s books, records and other documents related to this Agreement are not reasonably sufficient to support and document that allowable services were provided to eligible participants as determined by a court of competent jurisdiction, then the City shall reimburse the County for the services not supported and/or documented. Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 9 of 15 32.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 32.1 The undersigned, by signing this Agreement, represents that he/she has the authority to bind the City to the terms of this Certification. The City, as the primary participant in accordance with 2 C.F.R. Part 180, certifies to the best of its knowledge and belief that it and its principals: 32.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 32.1.2 Have not within a 3-year period preceding the Start Date of this Agreement, been convicted of or had a civil judgment rendered against them for: (1) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or a contract under a public transaction; (2) the violation of any federal or State antitrust statutes; or (3) the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property 32.1.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses enumerated in Sub- subparagraph 32.1.2 above; and 32.1.4 Have not, within a three-year period preceding the Start Date of this this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. The City agrees to include, without modification, this clause in all lower tier covered transactions (i.e., transactions with Subcontractors) and in all solicitations for lower tier covered transactions related to this Agreement. 33.0 STRICT COMPLIANCE One Party’s acceptance of the other Party’s performance that is not in strict compliance with the terms of this Agreement, shall not be deemed to waive the requirements of strict compliance for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. 34.0 DISPUTES 34.1 Except as otherwise provided for in this Agreement, the Parties may attempt to informally resolve any dispute arising out of this Agreement for a reasonable period of time, but which shall not exceed ninety (90) calendar days. Disputes which are not resolved in that time period shall be submitted in accordance with the following formal dispute resolution process. 34.2 Notice of the specific grounds of a formal dispute shall be in writing and filed with the County Representative listed in the Notices paragraph within ten (10) business days from the expiration of the informal dispute resolution process described above in 34.1. 34.3 The County Representative shall respond in writing to the City within fourteen (14) business days. The decision of the County Representative shall be final and conclusive unless, within seven (7) business days after the date the City is served with the decision, the City files a written notice of appeal with the Human Services Department Director. Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 10 of 15 34.4 The Department Director shall provide the City with a written response within fourteen (14) business days following receipt of the notice of appeal. The decision of the Director shall be final. 34.5 In the event the City disagrees with the Director’s decision, the City shall have every existing and future right or remedy available by law or in equity to resolve the dispute. If the Parties fail to come to a resolution through the dispute process set forth in this Section 34.0, either Party may pursue formal litigation. 35.0 CLEAN AIR ACT If the total face value of this Agreement exceeds $100,000, the Parties agree to comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance of this Agreement. 36.0 LOBBYING 36.1 No federal appropriated funds have been paid or will be paid by or on behalf of the Parties to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, or cooperative agreement. 36.2 If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal agreement, grant, loan or cooperative agreement, then the Party shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. 37.0 RELIGIOUS ACTIVITIES The Parties warrant that none of their costs and none of the costs incurred by them or any of their contractors or subcontractors will include any expense related to any religious activities. 38.0 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services contributed by the County under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. 39.0 COVENANT AGAINST CONTINGENT FEES The City warrants that no persons or entities have been employed or retained by it to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 11 of 15 40.0 RECOGNITION OF COUNTY SUPPORT The City shall give recognition to the County and the funding source for its support when the City publishes materials or releases public information that is paid for in whole or in part with funds received by the City under this Agreement. 41.0 ASSIGNMENT AND SUBCONTRACTING No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or subcontracted, in whole or in part, without the prior written approval of the other Party. 42.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, direct services under this Agreement shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services, or services that are incidental to the performance of the Agreement. This provision applies to all work performed by Cities or Subcontractors at all tiers. 43.0 ADMINISTRATIVE REQUIREMENTS 43.1 Accounting Standards – The City agrees to comply with this Agreement and to adhere to the accounting principles and procedures required to utilize adequate internal controls and maintain necessary source documentation for all costs incurred, as well as any applicable federal laws and regulations. The City further agrees to maintain an adequate accounting system that provides for appropriate grant accounting (including calculation of program income). 43.2 Documentation and Record Keeping - The City agrees to comply with this Agreement and the following record keeping requirements: 43.2.1 Records to be maintained – The City shall maintain all financial records as required by 2 C.F.R. § 200, and OMB Circulars; 43.2.2 Property Records - The City shall maintain property and equipment inventory records that clearly identify properties and equipment purchased, improved, or sold. Properties and equipment retained shall continue to meet eligibility criteria and shall conform to the use of property and equipment. 44.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 If the City engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, then the City certifies it is not currently engaging in and agrees for the duration of this Agreement not to engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 45.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE 45.1 Notwithstanding anything to the contrary, this Section shall not be deleted or superseded by any other provision of this Agreement. Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 12 of 15 45.2 This Agreement may be immediately terminated by a Party if the other Party defaults by failing to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes the other Party’s ability to perform any of its obligations under this Agreement. 45.3 Failure to comply with the requirements of this Agreement and all the applicable federal, state, or local laws, rules, and regulations may result in suspension or termination of this Agreement, the return of unexpended funds (less just compensation for work satisfactorily completed that, to date, had not been reimbursed), the reimbursement of funds improperly expended, or the recovery of funds improperly acquired. Noncompliance includes, but is not limited to: 45.3.1 Non-performance of any obligations required by this Agreement. 45.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or regulations. 45.3.3 Noncompliance with applicable financial record requirements, accounting principles, or standards established by OMB circulars and 2 C.F.R. §§ 200 et seq. 45.3.4 Noncompliance with recordkeeping, record retention, or reporting requirements. 45.4 Notwithstanding the suspension or termination of this Agreement, or the final determination of the proper disposition of funds, the Parties, without intent to limit or with restrictions, be subject to the following: 45.4.1 Acknowledge that suspension or termination of this Agreement does not affect or terminate any rights against any Party at the time of suspension or termination, or that may accrue later. Nothing herein shall be construed to limit or terminate any right or remedy available under this Agreement. 45.4.2 Waiver of a breach or default of any term, covenant, or condition of this Agreement or any federal, state, or local law, rule, or regulation shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, condition, law, rule, or regulation. 45.5 Each Party shall, upon notice or with knowledge obtained by itself or others, take any and all proactive actions necessary, and provide any and all applicable remedies to address and correct any act by itself, and any and/or all of its agents, representatives, officers, officials, directors, employees, volunteers, successors, assigns, or Subcontractors that resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the incorrect or improper disposition of funds; any violation of any federal, state, or local law, rule, or regulation; or the breach of any certification or warranty provided in this Agreement. 46.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 46.1 The Parties mutually warrant and certify that they do not currently, and agree for the duration of this Agreement that they will not use: 46.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 46.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 13 of 15 46.1.3 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. 46.2 If either of the Parties become aware during the term of this Agreement that they are not in compliance with this paragraph, the Party(ies) shall notify the other within five business days after becoming aware of the noncompliance. Failure of either Party to provide a written certification that the other Party has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. III. Section II above contains all the changes to the Agreement made by this Amendment No. 1. The Agreement is amended to incorporate the changes contained in this Amendment No. 1. All other terms and conditions of the Agreement remain in full force and effect as executed by the Parties. This Amendment No.1 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. 1, and it shall be effective upon approval and signature by the Parties. [Signatures contained in the following page] Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 14 of 15 IN WITNESS, the Parties have approved and signed this Amendment No. 1: APPROVED BY: THE CITY OF PEORIA ___________________________________ Henry Darwin Date City Manager APPROVED BY: MARICOPA COUNTY ____________________________________ Thomas Galvin, Chairman Date Board of Supervisors Attestation: Agnes Goodwine Date City Clerk Attestation: Juanita Garza Date Clerk of Board IN ACCORDANCE WITH A.R.S. §§ 9-240, 9- 500.11, 11-952, AND 46-241, ET SEQ., THIS AMENDMENT NO. 1 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 PEORIA 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. 1 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 Contract No. C-22-24-099-X-02 Amendment No. 1 City of Peoria Page 15 of 15 ATTACHMENT A: BUDGET Fiscal Year 2026 Activity Budget Fiscal Year Maricopa County Hand in Hand Program $75,000 FY2026 Total $75,000