BANNER HEALTH AMENDMENT 1.PDF

Maricopa County — Formal (2020-06-24)

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Contract No. C-22-19-046-3-01 
 
Amendment No. 1 
Page 1 of 2 
AMENDMENT NO. 1 TO THE 
 AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND  
BANNER HEALTH 
 
I. 
Maricopa County (“County”), administered by its Human Services Department, and 
Banner Health, an Arizona non-profit, community- based organization, d/b/a Banner Home 
Care (“Banner Health”), entered into a financial Contract (“Agreement”) that was fully 
executed on or about June 26, 2019, for the term July 1, 2019, through June 30, 2020. 
The purpose of the Agreement is for County to provide Banner Health with funds for the 
support of senior services and for Banner Health, on a volunteer basis, to provide intake 
of applications for the Low Income Home Energy Assistance Program (LIHEAP) utility 
assistance program and provide Crisis Case Management and Financial Assistance 
Services. The County and Banner Health are collectively 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 Paragraph 4.0 (Agreement Renewal), extend the Agreement 
term from July 1, 2020, through June 30, 2021 (“Renewal Period No. 1”).  
 
B. 
Add that the County shall provide Banner Health with $10,000 in return for services 
provided under the Agreement during Renewal Period No. 1. 
 
C. 
Add that funding during Renewal Period No. 1 shall be provided in four equal 
increments of $2,500 on a quarterly basis within ten (10) business days after the 
end of each quarter of the fiscal year: July 1, 2020, to September 30, 2020; October 
1, 2020, to December 31, 2020; January 1, 2021, to March 30, 2021; and April 1, 
2021, to June 30, 2021.  
 
D. 
Delete the first sentence of Subsection 15.2 and replace it with the following: 
 
15.2 
Unless exempt under federal law, both parties shall comply with Title VII of 
the Civil Rights Act of 1964, as amended, the Age Discrimination in 
Employment Act, and State Executive Order No. 75-5, as updated in State 
Executive Order No. 99-4 (Executive Order No. 2009-09 superseded 
Executive Order No. 94-4 and amended Executive Order No. 75-5), which 
mandates that all persons, regardless of race, color, religion, sex, age, 
national origin, or political affiliation, shall have equal access to 
employment opportunities. 
 
E. 
Delete Subsections 15.4.2 and 15.4.3 and replace them with the following: 
 
15.4.2 That a breach of a warranty under subsection 15.4.1 above shall be 
deemed a material breach of this Agreement that is subject to penalties up 
to and including termination of this Agreement;

Contract No. C-22-19-046-3-01 
 
Amendment No. 1 
Page 2 of 2 
 
15.4.3 That the County retains the legal right to inspect the papers of any 
contractor or subcontractor employee who works on this Agreement to 
ensure that Banner Health or its subcontractor is complying with the 
warranty provided under subsection 15.4.1 above and that Banner Health 
agrees to make all papers and employment records of such employee(s) 
available during normal working hours in order to facilitate such an 
inspection; 
 
F. 
 Add the following new section: 
 
18.0 
WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01 
If Banner Health engages in for-profit activity and has 10 or more 
employees, and if this Agreement has a value of $100,000 or more, then 
Banner Health certifies it is not currently engaged in, and agrees for the 
duration of this Agreement not to engage in, a boycott of goods and 
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. 
 
III. 
This Amendment No. 1 is subject to the provisions of A.R.S. § 38-511. 
 
IV. 
The foregoing paragraphs contain all the changes made by this Amendment No. 1.  All 
other terms and conditions of the Agreement remain in full force and effect as amended. 
 
V. 
The Parties have authorized the undersigned to execute this Amendment No. 1, which 
shall be effective upon approval and signature by both Parties. 
 
IN WITNESS, the Parties have approved and signed this Amendment No. 1: 
 
APPROVED BY: 
BANNER HEALTH 
 
APPROVED BY:  
MARICOPA COUNTY 
 
___________________________________ 
 Authorized Signature and Title             Date    
 
 
____________________________________ 
Chairman, Board of Supervisors             Date 
 
 
 
Attested to:  
 
____________________________________ 
Clerk, Board of Supervisors                  Date      
 
APPROVED AS TO FORM: 
 
 
BY: _________________________________ 
Deputy County Attorney                    Date