AMENDMENT 6 RE HUMAN SERVICES CAMPUS HOMELESSNESS SERVICES.PDF
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Contract No. C-22-22-104-X-06 Amendment No. 6 Human Services Campus, Inc. Page 1 of 5 AMENDMENT NO. 6 TO THE CONTRACT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND HUMAN SERVICES CAMPUS, INC. I. Maricopa County, administered by its Human Services Department (“County”), and Human Services Campus, Inc. (“Subrecipient”) fully executed a financial Agreement (Agreement) on or about July 27, 2022. The County provided the Subrecipient with $2,799,487 in Assistance Listing Number (ALN) 21.027 American Rescue Plan Act, Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) and Maricopa County General Funds for the provision of emergency shelter services for individuals experiencing homelessness at the Human Services Campus. The Agreement contained a Start Date of July 1, 2022, and a Termination Date of June 30, 2024. The County and the Subrecipient collectively are referred to as the “Parties.” The Parties fully executed Amendment No. 1 on or about August 17, 2022, which corrected an administrative error and replaced the Project Scope and Requirements. The Parties fully executed Amendment No. 2 on or about March 15, 2023. This Amendment revised Paragraph 3.0 (Funding, Invoicing and Payments) which reallocated $35,000 in funding from the Street to Home budget line-item to the Weather Relief and Overflow Shelter budget line-item. The County provided an additional $30,000 in County General funds to Weather Relief and Overflow Shelter. The Agreement total increased from $2,799,487 to a not-to-exceed amount of $2,829,487. This Amendment also added new contract language The Parties fully executed Amendment No. 3 on or about June 30, 2023. This Amendment revised Paragraph 3.0 (Funding, Invoicing and Payments) which further reduced the funding for Street to Home. This Amendment provided American Rescue Plan Act (ARPA) funding in the amount of $2,132,601 under ALN 21.027 and $660,000 in County General funds, total funding for this Amendment is $2,774,545. The Agreement total funding increased to a not-to-exceed amount of $5,604,032. This Amendment also addressed Attachment A (Projects Scope and Requirement), Paragraph 4.0 (Emergency Shelter). The Parties fully executed Amendment No. 4 on or about August 9, 2023. The Amendment attached a revised Paragraph 4.0 (Emergency Shelter) of Attachment A (Projects Scope and Requirements) which was inadvertently left off Amendment No. 3. The revised Emergency Shelter activities shall be effective as of July 1, 2023. The Parties fully executed Amendment No. 5 on or about May 22, 2024. The Amendment extended the term of the Agreement through February 28, 2025. This Amendment revised Paragraph 3.0 (Funding, Invoicing and Payments) subparagraphs to address line-item budget changes in the Agreement. Amendment No.5 provided $271,489 in ARPA funds under ALN 21.207. The Agreement total funding increased to a not-to-exceed amount of $5,875,520. Contract No. C-22-22-104-X-06 Amendment No. 6 Human Services Campus, Inc. Page 2 of 5 The Parties fully executed Administrative Change Order No.1 on or about October 1, 2024. The Administrative Change Order reallocated $45,000 from the Weather Relief and Overflow Shelter budget line-item to the Hotel Shelter Case Management budget line- item. The Budget amount remained unchanged at $5,875,520. II. The Parties agree to enter into this Amendment No. 6 to amend the Agreement as follows: A. Increase Agreement funding by $350,000 ARPA funds under ALN 21.207 to a new not-to-exceed total of $6,225,520. B. Extend the Agreement term from February 28,2025, through March 31, 2025. C. Revise Paragraph 3.0 (Funding, Invoicing and Payments) in the following subparagraphs to reflect the funding increase of $350,000 in this Amendment: 3.1.3 Increase Weather Relief and Overflow Shelters funding to $3,682,588. The time frame for expenditure of the related activities will be extended to March 31, 2025. 3.2 Funding for the Agreement is provided under the following fund sources: 3.2.1 The County shall provide the Subrecipient with $3,446,195 in ARPA funds under ALN 21.027. 3.2.2 The County shall provide the Subrecipient with $2,779,325 in County General funds. D. Revise and replace Paragraph 6.0 (Administrative Change Orders) in its entirety with the following: 6.0 ADMINISTRATIVE CHANGE ORDERS 6.1 Administrative Change Orders- 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: 6.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 6.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 6.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 6.1.4 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. Contract No. C-22-22-104-X-06 Amendment No. 6 Human Services Campus, Inc. Page 3 of 5 E. Revise and replace Paragraph 9.0 (System for Award Management) in its entirety with the following: 9.0 UNIQUE INDENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT The Subrecipient 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 Subrecipient must remain current with their registration throughout the term of the Agreement. Subrecipients and subcontractors will not receive a subaward until that entity has provided its UEI number. 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. F. Revise Paragraph 18.0 (Notices) to update the County point of contact with the following: 18.0 NOTICES For Maricopa County Human Services Department: KateLynn Dean Homelessness Initiatives Programs Manager Community Resilience Division katelynn.dean@Maricopa.gov 602-506-4652 234 N. Central Avenue, 3rd Floor Phoenix, Arizona 85004 G. Add the following required clauses to the Agreement: 51.0 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 party, this Agreement will promptly be physically amended to make such insertion or correction. 52.0 SURVIVAL The indemnification, hold harmless, defense, and non-liability provisions of this Agreement shall have full force and effect notwithstanding any other provisions in this Agreement and shall survive the termination or expiration of this Agreement. 53.0 FORCE MAJEURE 53.1 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 Contract No. C-22-22-104-X-06 Amendment No. 6 Human Services Campus, Inc. Page 4 of 5 sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 53.2 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. 53.3 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. III. Section II above contains all the changes made by this Amendment No. 6. All other terms and conditions of the Agreement not amended by this Amendment No. 6 shall remain unchanged and in full force and effect as executed by the Parties. IV. This Amendment No. 6 is subject to and incorporates the provisions of A.R.S. § 38-511. The Parties have authorized the undersigned to execute this Amendment No. 6 on their behalf, and it shall be effective upon approval and signature by the Parties. [Signatures contained in following page] Contract No. C-22-22-104-X-06 Amendment No. 6 Human Services Campus, Inc. Page 5 of 5 IN WITNESS, the Parties have approved and signed this Amendment No. 6: FOR AND ON BEHALF OF HUMAN SERVICES CAMPUS, INC.: _____________________________________ Amy Schwabenlender Date CEO FOR MARICOPA COUNTY: _____________________________________ Jack Sellers Date Chairman of the Board of Supervisors Attestation: _____________________________________ Juanita Garza Date Clerk of the Board This Amendment No. 6 has been reviewed by the undersigned Deputy County Attorney who has determined that 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