AMENDMENT 3 RE TENANT LEGAL ASSISTANCE WITH COMMUNITY LEGAL SERVICES.PDF
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C-22-22-159-X-03
Amendment No. 3
Community Legal Services
Page 1 of 4
AMENDMENT 3
TO
AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
COMMUNITY LEGAL SERVICES
I.
Maricopa County (“County”) administered by its Human Services Department and
Community Legal Services, a Community-Based non-profit law firm (“Contractor”),
entered into a financial agreement, on or about August 27, 2021. The Agreement term is
July 1, 2021 through June 30, 2023. The purpose of the Agreement is to provide legal
assistance and representation to Maricopa County tenants impacted by the COVID-19
Pandemic who are facing eviction due to nonpayment of rent. The County and the
Contractor collectively are referred to as the “Parties.”
The Parties fully executed Amendment No.1 on or about October 19, 2022. The
Amendment revised Paragraph 3.0 (Contractor Responsibilities) and Paragraph 4.0
(County Responsibilities). Paragraph 42.0 added the Uyghur Forced Labor Prevention
Act.
The Parties fully executed Amendment No. 2 on or about August 9, 2023. The Amendment
extended the Agreement through June 30, 2024 and revised the funding amount for the
extension term. Paragraph 3.0 (Contractor Responsibilities) was replaced in its entirety.
II.
The Parties agree to enter into this Amendment No. 3 to amend the Agreement as follows:
A.
Extend the Agreement term from June 30, 2024, through December 31, 2026.
B.
The County shall provide the Contractor with $808,903 for the extension term
through December 31, 2026 for a revised Not to Exceed amount of $2,088,236.
Funding is provided under ARPA ALN 21. 027.The budget is detailed in
Attachment A: Budget (July 1, 2024 – December 31, 2026).
C.
Revise Paragraph 18.0 (Notices), by updating the County contact with the
following:
18.0 NOTICES
For Maricopa County:
Human Services Department
Community Resilience Division
TJ Reed, Assistant Director
TJ.Reed@maricopa.gov
602-506-4841
234 N. Central Ave, 3rd Floor
Phoenix, AZ 85004
C-22-22-159-X-03
Amendment No. 3
Community Legal Services
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D.
Add the following paragraphs to the Agreement:
42. UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT
REGISTRATION
Funding for activities under this Contract are provided under the American
Rescue Plan Act – Coronavirus State and Local Fiscal Recovery Funds,
Assistance Listing Number (ALN) 21.027. All Contractors that receive
Federal funding must obtain Unique Entity Identifier (UEI) and remain
current with their registration in www.sam.gov. The Contractor and all
subcontractors or subrecipients shall have a valid UEI and an active profile
in SAM.gov. Documentation of the UEI Number must be included in all
Project files.
43. FORCE MAJEURE
43.1
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
sanction, lockout, blockage, embargo, labor dispute, strike,
pandemic,
and
interruption
or
failure
of
electricity
or
telecommunication service.
43.2
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.
43.3
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.
44. 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.
C-22-22-159-X-03
Amendment No. 3
Community Legal Services
Page 3 of 4
III.
Under A.R.S. §38-511, the Parties may cancel this Agreement without penalty of further
obligation within three years after execution of this Agreement if any person significantly
involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf
of the County is, at any time while this Agreement or any extension is in effect, an
employee or agent of any other party to the Agreement in any capacity or consultant to
any other party of this Agreement with respect to the subject matter of this Agreement.
IV.
The Agreement is amended to incorporate the changes contained in this Amendment No.
3. All other terms and conditions of the Agreement remain in full force and effect as
approved, amended and executed by the Parties.
V.
The Parties have authorized the undersigned to execute this Amendment No. 3 on their
behalf.
IN WITNESS, the Parties have approved and signed this Amendment No. 3:
FOR:
COMMUNITY LEGAL SERVICES
FOR:
MARICOPA COUNTY
___________________________________
Sharon E. Sergent Date
Executive Director
____________________________________
Jack Sellers, Chairman Date
Maricopa County Board of Supervisors
Attested to:
Juanita Garza, Date
Clerk of the Board
Approved As To Form:
Deputy County Attorney Date
C-22-22-159-X-03
Amendment No. 3
Community Legal Services
Page 4 of 4
Attachment A: Budget (July 1, 2024 – December 31, 2026)
Personnel
FY2025
FY2026
FY2027
Total
276,930.00
276,930.00
138,465.00
692,325.00
Non-Personnel
Professional & Outside
Services
17,216.00
17,216.00
8,608.00
43,040.00
Indirect Costs
29,415.00
29,415.00
14,707.50
73,537.50
323,561.00
323,561.00
161,780.50
808,903.00
1,314,725.00