CITY OF SURPRISE AMENDMENT 1.PDF
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Contract No. C-22-19-038-3-01
Amendment No. 1
1
AMENDMENT NO. 1 TO THE
AGREEMENT
BETWEEN MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF SURPRISE
I.
Maricopa County (“County”) administered by its Human Services Department entered into
a financial Intergovernmental Agreement (“Agreement”) with the City of Surprise
(“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 Surprise. Under the Agreement, the County provided the
Contractor 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
Contractor are referred to as the “Parties.”
II.
The Parties agree to enter into this Amendment No. 1 to 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 30,
2021 (“Renewal Period No. 1).
B. Add that the County shall provide the Contractor with $100,000 for the extension
period.
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
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
Contract No. C-22-19-038-3-01
Amendment No. 1
2
confiscation,
terrorist
activities,
nationalization,
government
sanction, lockout, blockage, embargo, labor dispute, strike,
pandemic,
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 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.
F.
Revise Section V (ATTACHMENTS) to add for fiscal year 2021 the attached
Attachment B Operating Budget for Fiscal Year 2021.
III.
This Amendment No. 1 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.1.
All other terms and conditions of the Agreement shall remain unchanged and in full force
and effect as executed by the Parties.
V.
The Parties have authorized the undersigned to execute this Amendment No. 1, which shall
be effective upon approval and signature by both Parties.
Contract No. C-22-19-038-3-01
Amendment No. 1
3
IN WITNESS, the Parties have approved and signed this Amendment No. 1:
FOR CITY OF SURPRISE:
____________________________________
__________________
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. 1 HAS
BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AMENDMENT NO. 1 IS PROPER IN FORM
AND
WITHIN
THE
POWERS
AND
AUTHORITY GRANTED TO THE CITY OF
SURPRISE 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. 1 HAS BEEN REVIEWED BY THE
UNDERSIGNED ATTORNEY WHO HAS
DETERMINED THIS AMENDMENT NO. 1 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-22-19-038-3-01
Amendment No. 1
4
Attachment B Operating Budget for Fiscal Year 2021
I-HELP Shelter - Year Two
Line Item
Justification
Total
Revenue
I-HELP Shelter CSBG
$100,000
TOTAL
$100,000
Expense
Line Item
Justification
Total
Personnel
FTE
Hours
Position 1
Regional Director
0.05
$4,325
Position 2
Program Coordinator
1.00
$47,000
Position 3
Case Manager: Northwest Valley: ($17 per hour/40
hour per week)
0.50
$17,680
TOTAL
1.55
$69,005
Fringe Benefits
Benefits-FICA (0.0765% total salaries)
16 % of total salaries
Benefits-Health Insurance
Benefits-Unemployment
Benefits-Life & STD
Benefits-Workers Compensation
TOTAL
$11,041
Travel
Local Program Mileage
(250 miles/month x $0.45/mile x 12 months)
$1,350
TOTAL
$1,350
Transportation: LSS-SW Vehicles
Insurance
Not Requested
$0
Fuel
Not Requested
$0
Maintenance and Repairs
Not Requested
$0
Van for Northwest Valley
Not Requested
$0
TOTAL
$0
Equipment
1 Computer
$1,000
$1,000
Printer
$300
$300
Cell phones/data
(12 months)
$0
TOTAL
$1,300
Supplies
Office Supplies
(12 months)
$250
Postage
(12 months)
$0
Printing/Copying Supplies
(12 months)
$200
Program Supplies - Other
(Misc. printer cartridges and supplies)
$250
TOTAL
$700
Contractual
Employee Background Checks
$85 per 1 employees background check)
$0
Operational leases
$0
Advertising and Promotion
print and electronic media
$350
Conferences and meeting
Training and development
$450
Fees and dues
HMIS user licenses
$200
Peer Monitors
Not Requested
$0
TOTAL
$1,000
Other
Rent
Space is donated by the churches (in-kind)
$0
Food
Meals are donated
$0
Phones, fax, and internet
$70 per month x 12 months)
$840
2 cell phones/data
$80 x 2
$160
Insurance-Building related
None Requested
$0
West Valley Start up costs for additional host sites
$1,000
TOTAL
$2,000
Direct Client Assistance
Bus passes, fuel cards, job training, uniforms
$4,513
TOTAL
$4,513
Total Direct Costs
$90,909
Allocated Indirect Charges
Total Indirect = x 10% City of Surprise approved indirect cost rate.
$9,090.88
Indirect Cost
TOTAL
$9,091
TOTAL PROGRAM COSTS
$100,000
Net Revenue Over/(Under) Expenses
$0
City of Surprise CSBG