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Contract No. C-22-20-057-3-02 Amendment No. 2 Lutheran Social Services of the Southwest Page 1 of 3 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND LUTHERAN SOCIAL SERVICES OF THE SOUTHWEST I. Maricopa County (“County”) administered by its Human Services Department and Lutheran Social Services of the Southwest (“Subrecipient”) fully executed a financial Agreement (“Agreement”) on or about July 1, 2020. The purpose of the Agreement is to provide emergency shelter services for individuals and families experiencing homelessness in Maricopa County. The County provided the Subrecipient with $65,000 in Community Development Block Grant (CDBG) funds. The term of the Agreement is from July 1, 2020, through June 30, 2021. The County and the Subrecipient collectively are referred to here as the “Parties.” The parties fully executed Amendment No. 1 on or about June 9, 2021. Among other things, it extended the Agreement termination date from June 30, 2021 to June 30, 2022. The County also provided the Subrecipient with an additional $65,000 in CDBG Program Year/Fiscal Year 2021/2022 (PY/FY 21/22) funding. Amendment No. 1 also revised contract language in Sections 1, 2, and 4. II. The Parties now agree to amend the Agreement by this Amendment No. 2 as follows: A. Extend the Agreement Termination Date from June 30, 2022 through June 30, 2023. B. Add that the County shall provide the Subrecipient with $65,000 in CDBG Program Year/Fiscal Year 2022/2023 (PY/FY 22/23) funding under Assistance Listing Number (ALN) 14.218. The period of funding availability for this Amendment No. 2 shall begin on July 1, 2022 through June 30, 2023. The total available funding under this Amendment No. 2 shall not exceed $65,000 for continued emergency shelter services for individuals and families experiencing homelessness in Maricopa County. C. Revise Section 1 (General Provisions) to address the following paragraphs: 1. Paragraph 52.0 (Subrecipient Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights), delete Subparagraph 52.3 and replace with the following: 52.3 The Subrecipient shall insert the substance of this clause, including this Paragraph 52.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 2. Add paragraph 55.0 (Force Majeure): 55.0 FORCE MAJEURE 55.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss Contract No. C-22-20-057-3-02 Amendment No. 2 Lutheran Social Services of the Southwest Page 2 of 3 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. 55.2 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. 55.3 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. D. Revise Section 2 (Special Provisions) to address the following paragraphs: 1. Paragraph 7.0 (Administrative Requirements), delete Sub-subparagraph 7.4.2 (DUNS Number and SAM Profile) and replace with the following: 7.4.2 System For Award Management The Subrecipient must register in System for Award Management (SAM) www.sam.gov/SAM/ (a database of basic business information for Subrecipients and Contractors), and obtain a Unique Entity Identifier (UEI) number through http://fedgov.dnb.com/webform. 7.4.2.1 The Subrecipient must remain current with their registration throughout the term of the Agreement. 7.4.2.2 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. Paragraph 7.0 (Administrative Requirements), delete Sub-subparagraph 7.10.2 and replace with the following: 7.10.2 UEI Number: All Subcontractors shall have a valid UEI number and active profile in the federal System for Award Management (SAM). Contract No. C-22-20-057-3-02 Amendment No. 2 Lutheran Social Services of the Southwest Page 3 of 3 III. Section II above contains all the changes made by this Amendment No. 2. All other terms and conditions of the original 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. 2, and it shall be effective upon approval and signature by both Parties. IN WITNESS THEREOF, the Parties have signed this Amendment No. 2: Approved By: SUBRECIPIENT Approved By: MARICOPA COUNTY Connie Phillips Date CEO/President Bill Gates Date Chairman, Board of Supervisors Attested to: Juanita Garza Date Clerk, Board of Supervisors THIS AMENDMENT NO. 2 HAS BEEN REVIEWED BY THE UNDERSIGNED DEPUTY COUNTY ATTORNEY WHO HAS DETERMINED THAT IT IS PROPER IN FORM AND WITHIN THE POWER AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Deputy County Attorney Date