COMMUNITY BRIDGES AMENDMENT 7.PDF
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Contract No. C-22-20-029-3-07 Amendment No. 7 Page 1 of 4 Community Bridges, Inc. AMENDMENT NO. 7 TO THE SUBRECIPIENT AGREEMENT BETWEEN MARICOPA COUNTY, ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT, AND COMMUNITY BRIDGES, INC. I. Maricopa County (“County”), administered by its Human Services Department, and Community Bridges, Inc. (“Subrecipient”) entered into an Agreement, which was fully executed on April 20, 2020, for the operation of temporary emergency shelter services for homeless individuals experiencing homelessness in Maricopa County in an effort to protect them from exposure to COVID-19. In accordance with the terms of the Agreement, the County is to provide the Subrecipient with $295,296 in Community Development Block Grant and Emergency Solutions Grant funds. The term of the Agreement is from April 8, 2020, to October 8, 2020. It may be renewed by written amendments signed by authorized signers of both the County and Subrecipient. The County and the Subrecipient collectively are referred to here as the “Parties.” The Parties fully executed Amendment No. 1 on or about May 28, 2020. Amendment No. 1, among other things, added a new location for service delivery to homeless individuals: Travel Lodge 600 West Van Buren Street, Phoenix 85003. Amendment No. 1 increased the funding to $374,601. The Parties fully executed Amendment No. 2 on or about August 6, 2020. Amendment No. 2, among other things, addressed the following items: • Increased County funding from $374,601 to a not-to-exceed amount of $471,488; • Added County required language; and • Added Continuance of services on a month-to-month basis for the Travel Lodge and Sure Stay locations. The Parties fully executed Amendment No. 3 on or about September 2, 2020. Amendment No. 3, among other things, extended the term of Agreement from October 8, 2020, through December 31, 2020; increased the total funding under the Agreement to a not-to-exceed amount of $1,127,780; and amended the Agreement to provide for identifying and creating a new service location or locations. The Parties fully executed Administrative Change Order No. 1 on or about October 6, 2020. Administrative Change Order No. 1 added a new service location for the period October 1, 2020, through December 31, 2020: A New Foundation, 1200 North 77th Street, Scottsdale, Arizona 85257. The Parties fully executed Amendment No. 4 on or about January 27, 2021. Amendment No. 4 extended the term of the Agreement through March 31, 2021, increased funding to a not-to-exceed amount of $1,784,072 and provided information on submitting invoices. The Parties fully executed Amendment No. 5 on or about March 24, 2021. Amendment No. 5 extended the term of the Agreement through June 30, 2021 and, increased funding by $656,292. The Agreement total increased to a not to exceed amount of $2,440,364. Funding for Amendment No. 5 is provided by Catalog of Federal Domestic Assistance (CFDA) 21.019 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136. Contract No. C-22-20-029-3-07 Amendment No. 7 Page 2 of 4 Community Bridges, Inc. The Parties fully executed Amendment No. 6 on or about June 23, 2021. Amendment No. 6 extended the term of the Agreement through September 30, 2021 and, increased funding by $328,146. The Agreement total increased to a not-to-exceed amount of $2,768,510. Funding for Amendment No. 6 is provided by Catalog of Federal Domestic Assistance (CFDA) 21.019 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136. II. The Parties now agree to amend the Agreement by this Amendment No. 7 as follows: A. Extend the term of the Agreement from October 1, 2021 through December 31, 2021. B. Add that the County shall increase funding by a not-to-exceed amount of $328,146. Funding availability period shall begin on October 1, 2021 through December 31, 2021. The Agreement total shall be increased from $2,768,510 to a not-to-exceed amount of $3,096,656. Funding for Amendment No. 7 is provided by Catalog of Federal Domestic Assistance (CFDA) 81.135 American Rescue Plan Act (ARPA). Monthly invoices shall not exceed $109,382. C. Revise Section 1 (General Provisions) to address the following: 1. Paragraph 52.0, (SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS), by deleting Subparagraph 52.3 and replacing it with the following: 52.3 The Subrecipient shall insert the substance of this clause, including this Paragraph 52.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 2. Add Paragraph 55.0 (FORCE MAJEURE) 55.1 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. 55.2 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. 55.3 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 Contract No. C-22-20-029-3-07 Amendment No. 7 Page 3 of 4 Community Bridges, Inc. 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. D. Revise Section 2 (Special Provisions), Paragraph 4.0 (Budget Adjustments, Change Orders and Amendments) by deleting Paragraph 4.0 in its entirety and replacing it with the following: 4.0 CHANGES AND CHANGE ORDERS 4.1 Changes - The Subrecipient is required to notify the County in writing, within fifteen (15) calendar days, after any changes in the following occur: 4.1.1. Agency authorized signatory; 4.1.2. Agency address, phone, fax, or email addresses; 4.1.3. Person to whom Agreement notices should be sent; and 4.1.4. Any variations of insurance required by this Agreement. 4.2 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 make changes within the general scope of the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders shall be approved and fully executed by the Chairman of the Board of Supervisors and the Subrecipient. Administrative Change Orders may address any of the following areas: 4.2.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 4.2.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 4.2.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and 4.2.4 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies, or requirement. 4.3 It is the responsibility of the Subrecipient to ensure the latest documents are consulted and followed. E. Revise Section 4 (Compensation), Paragraph 4.0 (REIMBURSEMENT), Subparagraph 4.1, by removing it in its entirety and replacing it with the following: 4.1 The Subrecipient shall submit the September 2021 invoice no later than October 15, 2021. Thereafter, the Subrecipient shall submit monthly invoices no later than the 15th calendar day of each month. Sufficient backup also shall be attached to the invoices, such as a General Ledger or a detailed Expenditure Report, with the included charges identified. III. Section II above contains all the changes to the Agreement made by this Amendment No. 7. All other terms and conditions of the Agreement and previously approved, Amendments and Administrative Change Order No. 1 shall remain unchanged and in full force and effect as executed by the Parties. Contract No. C-22-20-029-3-07 Amendment No. 7 Page 4 of 4 Community Bridges, Inc. IV. The Parties have authorized the undersigned to execute this Amendment No. 7 on their behalf. V. This Amendment No. 7 shall be effective upon approval and signature by both Parties. IN WITNESS, the Parties have approved and signed this Amendment No. 7: COMMUNITY BRIDGES, INC.: By: __________________________________ Name: John Hogeboom Title: Chief Executive Officer Date: __________________________________ MARICOPA COUNTY: By: ____________________________________ Name: Jack Sellers Title: Chairman of the Board of Supervisors Date: ___________________________________ ATTEST: ____________________________________ Juanita Garza, Interim Clerk of the Board Date: ___________________________________ This Amendment No. 7 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 under the laws of the State of Arizona. APPROVED AS TO FORM: By: ____________________________________ Deputy County Attorney Date