AMENDMENT 5 RE HOMELESS SERVICES WITH HOM INC.PDF
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C-22-22-151-X-05 Amendment No. 5 HOM Incorporated Page 1 of 3 AMENDMENT NO. 5 TO THE CONTRACT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND HOM INCORPORATED I. Maricopa County (“County”) administered by its Human Services Department and HOM Incorporated (“Contractor”) fully executed a Competition Impracticable financial Agreement on or about July 14, 2021. The County provided the Contractor with $4,970,555 in American Rescue Plan Act (“ARPA”), Coronavirus State and Local Fiscal Recovery Funds under the Assistance Listing Number 21.027. The purpose of the Agreement is for the Contractor to administer a centralized, systemwide, landlord engagement service for Maricopa County’s homeless services system. The original Agreement term was July 14, 2021, through June 30, 2023. The County and the Contractor are referred to as the “Parties” or individually as the “Party.” The Parties entered into Administrative Change Order No. 1 on or about February 8, 2023. The purpose of the Administrative Change Order was to revise the description for the budget category of Landlord Financial Incentive and Risk Mitigation Funding. Administrative Change Order No. 1 also revised Section 1 (General Provisions) to incorporate Uyghur Forced Labor Prevention Act provision. The Parties entered into Amendment No. 1 on or about June 14, 2023. The purpose of Amendment No. 1 was to extend the term of the Agreement from June 30, 2023, though June 30, 2025. Amendment No. 1 increased the funding amount by $2,500,000, from $4,970,556 to a not to exceed amount of $7,470,556. Amendment No. 1 also revised Section 1 (General Provisions) by incorporating the Force Majeure provision. Section 2 (Special Provisions) subparagraphs 6.4.2 and 6.7.2 are replaced in entirety. Section 3 (Work Statement) subparagraph 3.7 is replaced in its entirety. The budget in Section 4 (Budget and Compensation) is revised and replaced in its entirety. The Parties entered into Amendment No. 2 on or about January 10, 2024. The purpose of Amendment No. 2 was to revise Section 4.0 (Budget and Compensation), paragraph 1.0 (Budget) to make line items changes to the budget by reallocating $677,500 from Total Direct Salaries and Administration to Total Landlord Financial Incentive and Risk Mitigation Funding. The overall Agreement Budget remained the same. The Parties entered into Amendment No. 3 on or about June 12, 2024. The purpose of Amendment No. 3 was to increase funding by $29,444 in ARPA funds for a new total Budget amount of $7,500,000. The Amendment also added required language to the Agreement. The parties entered into Amendment No. 4 on or about December 18, 2024. The purpose of Amendment No. 4 was to update the County POC, extend the term of the agreement through December 30, 2026, award $600,000 in County General funds, update the administrative change order provision, and revise and replace Section 4.0 (Budget and Compensation) for a new FY26 budget, for a new total Agreement funding amount of $8,100,000. C-22-22-151-X-05 Amendment No. 5 HOM Incorporated Page 2 of 3 II. The Parties agree to enter into this Amendment No. 5 to amend the Agreement as follows: A. Update the County Point of Contact to the following: Maricopa County Representative: Human Services Department Senior Services and Community Resilience Division Chela Schuster, Assistant Director 234 N. Central Avenue, 3rd Floor Phoenix, AZ 85004 602-372-4454 Chela.Schuster@Maricopa.Gov B. The County shall increase the funding amount by $100,000 in County General funds for expenditure in Fiscal Year 2026, general funds shall be fully expended by June 30, 2026. Maricopa County Human Services Department must receive a final invoice for reimbursement no later than July 15, 2026. C. The Agreement funding shall hereby increase from $8,100,000 to a new total agreement amount of $8,200,000, comprised of $700,000 in county General funds and $7,500,000 in American Rescue Plan Act State and Local Fiscal Recovery Funds (ARPA-SLFRF) under Assistance Listing number (ALN) 21.027. All allowable ARPA-SLFRF costs eligible for reimbursement shall be incurred and submitted to the County no later than November 30, 2026, within the applicable period of performance. D. Revise Section 1 (General provisions), Paragraph 5.0 (Termination) by adding subparagraph 5.6 to the Agreement as follows: 5.6 Upon termination or cancellation of this Agreement, all property, if any, shall be returned to or retained by the purchasing Party E. Revise Section 4.0 (Budget and Compensation) Paragraph 1.0 BUDGET, by revising and replacing 1.0 BUDGET with the following: 1.0 BUDGET C-22-22-151-X-05 Amendment No. 5 HOM Incorporated Page 3 of 3 III. Section II above contains all the changes to the Agreement made by this Amendment No. 5. The Agreement is amended to incorporate the changes contained in this Amendment No. 5. All other terms and conditions of the Agreement and previously approved amendments remain in full force and effect as executed by the Parties. This Amendment No. 5 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. 5, and it shall be effective upon approval and signature by both Parties. IN WITNESS, the undersigned warrant they are authorized to execute this Agreement on behalf of each Party and that this Agreement is therefore binding on the Parties: APPROVED BY: HOM INCORPORATED ____________________________________ Brian Peterson Date President & Chief Operating Officer APPROVED BY: MARICOPA COUNTY ____________________________________ Kate Brophy McGee, Chair Date Board of Supervisors Attested to: ____________________________________ Juanita Garza Date Clerk of the Board Approved as to Form: ____________________________________ Deputy County Attorney Date