CITY OF SURPRISE AMENDMENT NO. 3.PDF
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Contract No. C-22-19-038-3-03
Amendment No. 3
City of Surprise
Page 1 of 5
AMENDMENT NO. 3
TO THE
AGREEMENT
BETWEEN MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF SURPRISE
I.
Maricopa County (“County”) administered by its Human Services Department and the City
of Surprise (Contractor) fully executed a financial Intergovernmental Agreement
(“Agreement”) on or about July 25, 2019. The County provided the Contractor with
$100,000 in Community Service Block Grant (CSBG) funds for the provision of temporary
emergency shelter services, outreach, and case management to people experiencing
homelessness in the Contractor’s area. The Agreement contained a Start Date of July 1,
2019, and a Termination Date of June 30, 2020. The Agreement also provided the term
may be extended for three additional one-year terms upon written agreement of the
County and the Contractor. The County and the Contractor are referred to as the “Parties.”
The Parties fully executed Amendment No. 1 on or about September 3, 2020. Among
other things, it extended the Agreement term from July 1, 2020, through June 30, 2021
(“Renewal Period No. 1”), and provided the Contractor with a not-to-exceed amount of
$100,000 in CSBG fiscal year 2021 funding for the period of July 1, 2020, through June
30, 2021.
The Parties fully executed Amendment No. 2 on or about September 15, 2021. Among
other things, it extended the Agreement term from July 1, 2021 through June 20, 2022
(“Renewal Period No. 2”), and provided the Contractor with a not-to-exceed amount of
$100,000 in CSBG fiscal year 2022 funding for the period of July 1, 2021 through June
30, 2022.
II.
The Parties agree to enter into this Amendment No. 3 to amend the Agreement as follows:
A.
In accordance with Section I (General Provisions), Paragraph 2.0 (Term/Effective
Date/Renewal Life of the Agreement) and 3.0 (Amendments), extend the
Agreement term from July 1, 2022 through June 30, 2023 (“Renewal Period No.
3”).
B.
Add that the County shall provide the Contractor with a not to exceed amount of
$100,000 in Community Services Block Grant (CSBG) fiscal year 2023 funding for
the services identified in Section III (Work Statement) of the Agreement.
C.
Revise Section I (General Provisions) to address the following paragraph:
1.
Paragraph
47.0 (Contractor Employee Whistleblower Rights and
Requirement to Inform Employees of Whistleblower Rights) delete
Subparagraph 47.3 and replace with the following:
47.3
The Contractor shall insert the substance of this clause, including
this Paragraph 47.0, in all subcontracts over the simplified
acquisition threshold ($250,000 as of June 2021).
Contract No. C-22-19-038-3-03
Amendment No. 3
City of Surprise
Page 2 of 5
D.
Revise Section II (Special Provisions) to address the following paragraphs:
1.
Paragraph 7.0 (DUNS Number and System for Award Management
Registration), delete in its entirety and replace with the following:
7.0
System for Award Management (SAM)
The Contractor must register in System for Award Management
(SAM) www.sam.gov/SAM/ (a database of basic business
information for Contractors and Subrecipients), and obtain a Unique
Entity Identifier (UEI) number through
http://fedgov.dnb.com/webform.
7.1
The Contractor must remain current with their registration
throughout the term of the Agreement.
7.2
For additional information on System for Award
Management (SAM) and, UEI use this link:
https://www.sam.gov/SAM/pages/public/generalInfo/aboutS
AM.jsf
2.
Add the following paragraph:
22.0
Default and Remedies for Noncompliance
22.1
Notwithstanding anything to the contrary, this Section shall
not be deleted or superseded by any other provision of this
Agreement.
22.2
This Agreement may be immediately terminated by the
County if the Contractor defaults by failing to perform any
objective or breaches any obligation under this Agreement,
or any event occurs that jeopardizes the Contractor’s ability
to perform any of its obligations under this Agreement. The
County reserves the right to have service provided by
persons other than the Contractor if the Contractor is unable
or fails to provide required services within the specified time
frame in the work statement.
22.3
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,
has not been paid), the reimbursement of funds improperly
expended, or the recovery of funds improperly acquired.
Noncompliance includes, but is not limited to:
22.3.1 Non-performance of any obligations required by this
Agreement.
22.3.2 Noncompliance with any applicable federal, state, or
local laws, rules or regulations, including Department
of Treasury guidelines, policies, or directives.
22.3.3 Unauthorized expenditure of funds.
22.3.4 Improper disposition of program income.
22.3.5 Noncompliance with applicable financial record
requirements, accounting principles, or standards
established by OMB circulars and 2 C.F.R. §§ 200, et
seq.
22.3.6 Noncompliance with recordkeeping, record retention,
or reporting requirements.
Contract No. C-22-19-038-3-03
Amendment No. 3
City of Surprise
Page 3 of 5
22.4
Notwithstanding the suspension or termination of this
Agreement, or the final determination of the proper
disposition of funds, the Contractor shall, without intent to
limit or with restrictions, be subject to the following:
22.4.1 All awards of funding shall be immediately revoked,
and any approvals related to the project described in
the Special Provision or Work Statement shall be
deemed revoked and canceled. Thereby, any
entitlements to compensation after suspension or
termination of this Agreement are similarly revoked
and unavailable.
22.4.2 Not be relieved of any liability or responsibility
associated with the Special Provision or Work
Statement.
22.4.3 Acknowledge that suspension or termination of this
Agreement does not affect or terminate any rights
against the Contractor 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 Agreement or rule.
22.4.4 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.
22.5
The Contractor 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 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.
E.
Revise Section IV (Compensation) to address the following paragraphs:
1.
Paragraph 4.0 (Funding), by deleting Subparagraph 4.3 and Subparagraph
4.5 replacing with the following:
4.3
Activities and programs to be administered under this Agreement is
provided by an Intergovernmental Agreement with Arizona
Department of Economic Security (DI20-002264/C-22-20-039-3)
through the following Assistance Listing Number (ALN) funds:
4.3.1 93-569 Community Services Block Grant (CSBG).
4.5
Subject to the availability and authorization of funds, the anticipated
funding for this Agreement for fiscal year 2023 is $100,000.
F.
Revise Section V (Attachments) to add for fiscal year 2023 the attached
Attachment 1 titled Operating Budget for Fiscal Year 2023.
Contract No. C-22-19-038-3-03
Amendment No. 3
City of Surprise
Page 4 of 5
III.
Section II above contains all the changes to the Agreement made by this Amendment No.
3. All other terms and conditions of the Agreement and previously approved Amendments
shall remain unchanged and in full force and effect as executed by the Parties.
IV.
The Parties have authorized the undersigned to execute this Amendment No. 3, and it
shall be effective upon approval and signature by both Parties.
IN WITNESS, the Parties have approved and signed this Amendment No. 3:
FOR CITY OF SURPRISE:
____________________________________
Skip Hall Date
Mayor
FOR MARICOPA COUNTY:
____________________________________
Bill Gates Date
Chairman of the Board of Supervisors
Attested To:
____________________________________
City Clerk Date
Attested To:
____________________________________
Juanita Date
IN ACCORDANCE WITH A.R.S. §§ 9-240
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
THE CITY OF SURPRISE UNDER THE
LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
___________________________________
City Attorney Date
Clerk of the Board
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:
___________________________________
Deputy County Attorney Date
Contract No. C-22-19-038-3-03
Amendment No. 3
City of Surprise
Page 5 of 5
Attachment 1
Operating Budget for Fiscal Year 2023
Line Item
Justification
Total
Revenue
I-HELP Shelter CSBG
$100,000
TOTAL
$100,000
Expense
Line Item
Justification
Total
Personnel
FTE
Hours
Position 1
Program Manager
0.50
$55,640 $ 27,820
Position 2
Case Manager: Northwest Valley: ($20 per hour/40
hours per week)
0.50
$20,800
Position 3
Program Assistant ($15 per hour/40 hours per
week)
0.75
$23,400
TOTAL
1.75
$72,020
Fringe Benefits
Benefits-FICA (0.0765% total salaries)
16 % of total salaries
Benefits-Health Insurance
Benefits-Unemployment
Benefits-Life & STD
Benefits-Workers Compensation
TOTAL
$11,523
Travel
Local Program Mileage
(50 miles/month x $0.585/mile x 12 months)
$351
TOTAL
$351
Transportation: LSS-SW Vehicles
Insurance
Not Requested
$0
Fuel
Not Requested
$0
Maintenance and Repairs
I-HELP Van maintenance and repairs
$1,000
TOTAL
$1,000
Equipment
1 Computer
Not Requested
$0
Printer
Not Requested
$0
Cell phones/data
Not Requested
$0
TOTAL
$0
Supplies
Office Supplies
(12 months)
$250
Postage
(12 months)
$0
Printing/Copying Supplies
(12 months)
$200
Program Supplies - Other
(Misc. printer cartridges and supplies)
$250
TOTAL
$700
Contractual
Employee Background Checks
$85 per 1 employees background check)
$0
Operational leases
$0
Advertising and Promotion
print and electronic media
$350
Conferences and meeting
Training and development
$0
Fees and dues
HMIS user licenses
$200
Peer Monitors
Not Requested
$0
TOTAL
$550
Other
Rent
Space is donated by the churches (in-kind)
$0
Food
Meals are donated
$0
Phones, fax, and internet
$70 per month x 12 months)
$840
Cell Phones/Data
None Requested
$0
Insurance-Building related
None Requested
$0
West Valley Start up costs for additional host sites
$500
TOTAL
$1,340
Direct Client Assistance
Bus passes, fuel cards, job training, uniforms
$3,425
TOTAL
$3,425
Total Direct Costs
$90,909
Allocated Indirect Charges
Total Indirect = x 10% City of Surprise approved indirect cost rate.
$9,090.92
Indirect Cost
TOTAL
$9,091
TOTAL PROGRAM COSTS
$100,000