CITY OF AVONDALE AMENDMENT 2.PDF
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Contract No. C-22-19-037-3-02 Amendment No. 2 Page 1 of 4 AMENDMENT NO. 2 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 entered into a financial Intergovernmental Agreement (“Agreement”) with the City of Avondale (“Contractor”), which was fully executed on or about July 25, 2019, for the provision of temporary emergency shelter services, outreach, and case management to people experiencing homelessness in Avondale. Under the Agreement, the County provided the Subrecipient with $100,000 in Community Service Block Grant (CSBG) funds for the services. The Agreement term is from July 1, 2019, through June 30, 2020. The County and the Subrecipient are referred to as the “Parties.” The Parties fully executed Amendment No. 1 to the Agreement on or about May 28, 2020, to decrease fiscal year 2020 funding by $28,000 from $100,000 to $72,000. II. The Parties agree to enter into this Amendment No. 2 to further amend the Agreement as follows: A. In accordance with Section I (GENERAL PROVISIONS), Paragraphs 2.0 (TERM/EFFECTIVE DATE/RENEWAL LIFE OF THE AGREEMENT) and 3.0 (AMENDMENTS), extend the Agreement term from July 1, 2020, through June 20, 2021 (“Renewal Period No. 1). B. Add that the County shall provide the Subrecipient with $100,000 in fiscal year 2021 funding in return for the services provided under the Agreement during Renewal Period No. 1. C. Add the following new paragraph to Section I (GENERAL PROVISIONS): 48.0 WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01 If the Subrecipient engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, then the Subrecipient certifies it is not currently engages in, and agrees for the duration of this Agreement not to engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. D. Add the following new paragraph to Section I (GENERAL PROVISIONS): 49.0 FORCE MAJEURE 49.1 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 Contract No. C-22-19-037-3-02 Amendment No. 2 Page 2 of 4 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, and interruption or failure of electricity or telecommunication service. 49.2 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. 49.3 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. E. Revise Section III (WORK STATEMENT), Paragraph 1.0 (SCOPE OF WORK), Subparagraph 1.2 (Avondale Homeless Support Specialist ($35,000), as follows, while retaining Sub-Subparagraph 1.2.1: Avondale Homeless Support Specialist ($63,000) - Maricopa County will provide $63,000 in funds for a full time Avondale Homeless Support Specialist for the City of Avondale. The specialist will coordinate services and resources for those experiencing homelessness in Avondale and the surrounding areas. The specialist will coordinate with the Avondale Police Department on coordinated outreach and provide support to the Police Department when it engages with anyone who is experiencing homelessness. The specialist will participate in applicable Continuum of Care (CoC) meetings and best practices. Maricopa County will assist the City of Avondale in obtaining HMIS access. IHELP Case Worker ($22,000) and Homeless Navigation Services-Phoenix Rescue Mission ($15,000). F. Revise Section IV (COMPENSATION), Paragraph 4.0 (FUNDING), Subparagraph 4.5, as follows: Subject to the availability and authorization of funds, the anticipated funding for this Agreement for fiscal year 2021 is $100,000. G. Revise Section V (ATTACHMENTS) to add for fiscal year 2021 the attached Attachment B Operating Budget for Fiscal Year 2021. III. This Amendment No. 2 is subject to the provisions of A.R.S. § 38-511. IV. The Agreement is amended to incorporate the changes contained in this Amendment No. 2. All other terms and conditions of the Agreement and Amendment No. 1 shall remain unchanged and in full force and effect as executed by the Parties. Contract No. C-22-19-037-3-02 Amendment No. 2 Page 3 of 4 V. The Parties have authorized the undersigned to execute this Amendment No. 2, which shall be effective upon approval and signature by both Parties. IN WITNESS, the Parties have approved and signed this Amendment No. 2: FOR CITY OF AVONDALE: ____________________________________ Mayor __________________ Date FOR MARICOPA COUNTY: ____________________________________ Chairman of the Board of Supervisors Attested To: ____________________________________ City Clerk Date Attested To: ____________________________________ Fran McCarroll, Clerk of the Board Date IN ACCORDANCE WITH A.R.S. §§ 9-240 AND 11-952, THIS AMENDMENT NO. 2 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 2 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: ___________________________________ Attorney for the Contractor Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 2 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 2 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-22-19-037-3-02 Amendment No. 2 Page 4 of 4 CONTRACT SERVICE: Avondale Homelessness Services CONTRACT PERIOD 7/1/20 - 6/30/21 NAME: City of Avondale I. PERSONNEL TOTAL Number of FTE Total Salary for the % Allocated Service SERVICE COUNTY Positions Level Position Title Contract Period MCHSD Percentage COST COST $0.00 1 1.00 Homeless Support Speecialist 63,000.00 $ 100% $63,000.00 $63,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 TOTAL: $63,000.00 $63,000.00 II. PROFESSIONAL AND OUTSIDE SERVICES TOTAL COUNTY ITEM BASIS COST COST IHELP Case Worker $22,000.00 $22,000.00 Homeless Navigation Services - Phoenix Resuce Mission $15,000.00 $15,000.00 TOTAL: $37,000.00 $37,000.00 TOTAL DIRECT COST: $100,000.00 $100,000.00 SUBTOTAL ADMIN COST: $0.00 $0.00 TOTAL SERVICE COST: $100,000.00 $100,000.00 REVISED ATTACHMENT 1 BUDGET