CITY OF AVONDALE AMENDMENT NO. 4.PDF
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Contract No. C-22-19-037-3-04 Amendment No. 4 City of Avondale Page 1 of 8 AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF AVONDALE I. Maricopa County (“County”) administered by its Human Services Department and the City of Avondale (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 May 28, 2020, which among other things, decreased fiscal year 2020 funding by $28,000 from $100,000 to $72,000. The Parties fully executed Amendment No. 2 on or about August 13, 2020. Among other things, it extended the Agreement termination date from July 1, 2020, through June 20, 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 20, 2021. The Parties fully executed Amendment No. 3 on or about June 30, 2021. Among other things, it extended the Agreement term from June 30, 2021 through June 30, 2022 (“Renewal Period No. 2”), and provided the Contractor with a not-to-exceed amount of 107,500 in CSBG fiscal year 2022 funding for the period of June 30, 2021 through June 30, 2022. II. The Parties agree to enter into this Amendment No. 4 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 $107,500 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: Contract No. C-22-19-037-3-04 Amendment No. 4 City of Avondale Page 2 of 8 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). 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 obtain a Unique Entity Identifier (UEI) number. The Contractor must also register and remain current with the System for Award Management (SAM) http://www.sam.gov/SAM/ a database of basic business information for subrecipients and contractors that received federal funds. 7.1 To obtain a UEI number use this link through http://fedgov.dnb.com/webform. The Contractor shall provide their UEI Number to the County. 7.2 For additional information on System for Award Management (SAM) and, UEI use this link: https://www.sam.gov/SAM/pages/public/generalInfo/about SAM.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 Contract No. C-22-19-037-3-04 Amendment No. 4 City of Avondale Page 3 of 8 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. 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 III (Work Statement) by removing Paragraph 1.0 (Scope of Work) in its entirety and replacing with the following: 1.0 SCOPE OF WORK: 1.1 IHELP Case Worker ($25,000) – Maricopa County will provide $25,000 in funds for support of a full-time case worker for the IHELP program. These funds will increase the case management available to clients that are being served in the IHELP program that is operated by Lutheran Social Services in the City of Avondale. Contract No. C-22-19-037-3-04 Amendment No. 4 City of Avondale Page 4 of 8 These services should increase the positive exits from IHELP and decrease the length of stay in shelter, resulting in an increase the number of people served through the IHELP program. 1.1.1 Program Components: 1.1.1.1 Establish and maintain eligible homeless certification within 72 hours of entry. 1.1.1.2 Provide written policies and procedures for Case Management program including eligibility criteria, enrollment, and assignment protocols. 1.1.1.3 Documents for housing readiness and coordination are collected and maintained for all clients enrolled in Case Management service. 1.1.1.4 Contractor shall enter client information into Homeless Management Information Systems (“HMIS”) or other CoC approved comparable database in accordance with CoC timeliness standard. 1.1.1.5 Case managements services will be available to IHELP clients a minimum of 5 nights a week in the first 3 months of operating year 2019-2020. 1.1.1.6 Case management will serve 100% of people in the IHELP program, which is estimated to be 75 individuals in program year 2019-2020. 1.1.1.7 Program Reports- Contractor's monthly payment request for reimbursement is due on the 15th day following the end of the month being reported (ie. February 15th for January report) and will include: 1.1.1.7.1 Contract Payment Request 1.1.1.7.2 HMIS 0323 Demographic Report 1.1.1.7.3 HMIS 0550 Exit Destination Report 1.1.1.7.4 CSBG Report (As determined by Maricopa County) 1.1.1.7.5 Contractor will provide any other report as requested by the City or County including aggregate or client level data, through the HMIS System and according to approved CoC Data Sharing agreements. Such reporting shall be for the purposes of improving access to service. MCHSD and the City of Avondale reserve the right to add, remove, or revise reporting requirements at their discretion. 1.1.1.7.6 Contractor will provide read only access to the project in HMIS for the purpose of monitoring client files no more than once per quarter. Contractor is responsible for notifying HMIS Lead Agency and granting access to Funder(s) within 3 business days of monitoring notice. Contract No. C-22-19-037-3-04 Amendment No. 4 City of Avondale Page 5 of 8 1.2 Family Housing Support Navigator ($62,500) - Maricopa County will provide $62,500 in funds for a full time Family Housing Support Navigator. The Navigator will coordinate services and resources for families (households with at least one minor dependent) experiencing homelessness in Avondale and the surrounding areas. The Navigator will provide case management for families living in Avondale’s Bridge Housing Program (up to 4 families per year), and navigation and housing case management for an additional 55 families per year. These funds will ensure a full-time family homelessness specialist for families in Avondale. The City of Avondale will procure services from a community partner in accordance with City procurement policies. 1.2.1 Program Reports: Contractor's monthly payment request for reimbursement is due on the 15th day following the end of the month being reported (i. e. February 15th for January report) and will include: 1.2.1.1 Contract Payment Request 1.2.1.2 HMIS 0323 Demographic Report 1.2.1.3 HMIS 0550 Exit Destination Report 1.2.1.4 CSBG Report (As determined by Maricopa County) 1.2.1.5 Contractor will provide any other report as requested by the County and City including aggregate or client level data, through the HMIS System and according to approved CoC Data Sharing agreements. Such reporting shall be for the purposes of improving access to service. MCHSD and the City of Avondale reserve the right to add, remove, or revise reporting requirements at their discretion. 1.2.1.6 Contractor will provide read only access to the project in HMIS for the purpose of monitoring client files no more than once per quarter. Contractor is responsible for notifying HMIS Lead Agency and granting access to Funder (s) within 3 business days of monitoring notice. 1.3 Homeless Navigation Services ($20,000)- Maricopa County will provide $20,000 in funds to provide additional navigation services that are currently operated by Phoenix Rescue Mission (PRM). These funds will provide a dedicated Outreach Team for the city. PRM will support the Avondale Street Outreach, Navigation, and Resource (SONAR) Team through transportation of clients, entering VISPDAT scores into HMIS, connection to PRM resources, etc. PRM will work with a minimum of 100 clients and it is anticipated that 50% will accept services. 1.3.1 Program Reports- Contractor's monthly payment request for reimbursement is due on the 15th day following the end of the month being reported (ie. February 15th for January report) and will include: 1.3.1.1 Contract Payment Request 1.3.1.2 HMIS 0323 Demographic Report Contract No. C-22-19-037-3-04 Amendment No. 4 City of Avondale Page 6 of 8 1.3.1.3 HMIS 0550 Exit Destination Report 1.3.1.4 CSBG Report (As determined by Maricopa County) 1.3.1.5 Contractor will provide any other report as requested by the County and City including aggregate or client level data, through the HMIS System and according to approved CoC Data Sharing agreements. Such reporting shall be for the purposes of improving access to service. MCHSD and the City of Avondale reserve the right to add, remove, or revise reporting requirements at their discretion. 1.3.1.6 Contractor will provide read only access to the project in HMIS for the purpose of monitoring client files no more than once per quarter. Contractor is responsible for notifying HMIS Lead Agency and granting access to Funder (s) within 3 business days of monitoring notice. F. Revise Section IV (Compensation) in the following areas: 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 $107,500. G. Revise Section V (Attachments) to add for fiscal year 2023 the attached Attachment 1 titled Operating Budget for Fiscal Year 2023. III. Section II above contains all the changes to the Agreement made by this Amendment No. 4. 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. 4, and it shall be effective upon approval and signature by both Parties. (Signatures are contained on the following page) Contract No. C-22-19-037-3-04 Amendment No. 4 City of Avondale Page 7 of 8 IN WITNESS, the Parties have approved and signed this Amendment No. 4: FOR CITY OF AVONDALE: ____________________________________ Kenn Weise Date Mayor FOR MARICOPA COUNTY: ____________________________________ Bill Gates Date Chairman, Board of Supervisors Attested To: ____________________________________ City Clerk Date Attested To: ____________________________________ Juanita Garza Date Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 9-240 AND 11-952, THIS AMENDMENT NO. 4 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: ___________________________________ City Attorney Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 4 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-22-19-037-3-04 Amendment No. 4 City of Avondale Page 8 of 8 Attachment 1 Operating Budget for Fiscal Year 2023 ITEM COST IHELP Case Worker $25,000.00 Family Navigator/ Bridge Housing Case Manager $62,500.00 Homeless Navigation Services - Phoenix Rescue Mission $20,000.00 Total $107,500.00