HUMAN SERVICES CAMPUS AMENDMENT 13.PDF
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Contract No. C-22-19-020-3-14 Amendment No. 13 Page 1 of 6 Human Services Campus, Inc. AMENDMENT NO. 13 TO THE CONTRACT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND HUMAN SERVICES CAMPUS, INC. I. Maricopa County, administered by its Human Services Department (“County”), and Human Services Campus, Inc. (“Subrecipient”) entered into a financial contract (“Agreement”), containing a Start Date of January 1, 2019, for the provision of emergency weather relief accommodations for individuals experiencing homelessness at the Human Services Campus. The County provided the Subrecipient with $3,042.12 in FY19 Maricopa County General Funds for these services. The County and the Subrecipient collectively are referred to as the “Parties.” The Parties fully executed Amendment No. 1 on or about June 19, 2019, to extend the Agreement expiration date from June 30, 2019 to June 30, 2020. The Parties fully executed Amendment No. 2 on or about November 22, 2019, to increase funding by $100,000 and identify nightly reimbursement to the Subrecipient at a cost not to exceed $1,000. The Parties fully executed Amendment No. 3 on or about May 6, 2020, to extend the Agreement expiration date from June 30, 2020 to October 31, 2020 and increase funding to an amount not to exceed $219,762, with a maximum monthly billing amount not to exceed $73,254, for the purpose of providing services on County designated lots. The Parties fully executed Amendment No. 4 on June 10, 2020. Among other things, it revised oversight of Security Guard activities, provided for weather relief services, added required Agreement language, and increased funding by $49,335. The Parties executed Amendment No. 5 on or about August 19, 2020. It added the operation of a COVID Overnight weather relief shelter at 1 West Madison Street, Phoenix, Arizona 85003 and added an amount not-to-exceed $277,068 for the weather relief services. The Parties fully executed Amendment No. 6 on or about September 2, 2020, to extend the Agreement expiration date from October 31, 2020, through December 30, 2020. Amendment No. 6 increased funding in an amount not to exceed $428,443 for the period of August 15, 2020, through December 30, 2020, at the County lots, located on 9th Avenue between Jefferson Avenue and Madison Street in Phoenix (Safe Outdoor Space). The Parties fully executed Amendment No. 7 on or about October 21, 2020. Among other things, it provided the Subrecipient an amount not to exceed $159,000 in Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funding for weather relief services identified in Subparagraph 9.6 of the Agreement and an additional $30,000 for cleaning services for the Safe Outdoor Space, with the total funding under Amendment No. 7 not to exceed $189,000 for the period of October 1, 2020, through December 30, 2020. Contract No. C-22-19-020-3-14 Amendment No. 13 Page 2 of 6 Human Services Campus, Inc. The Parties fully executed Amendment No. 8 on or about January 27, 2021. It extended the Agreement term to March 31, 2021, and increased funding provided under the Catalog of Federal Domestic Assistance (CFDA) 21.019 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, in the amount of $487,062. The Parties executed Amendment No. 9 on March 24, 2021. It extended the Agreement term through June 30, 2021, and increased the funding provided under the Catalog of Federal Domestic Assistance (CFDA) 21.019 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, in the amount of $706,744. The Parties fully executed Amendment No. 10 on April 21, 2021. It extended the Agreement term through September 30, 2021. Paragraph 9.0 (Subrecipient Responsibilities) was revised to add Emergency Shelter Operation Services at a County leased motel located at 965 East Van Buren Street, Phoenix Arizona 85006. It also added that the County shall provide the Subrecipient with $619,080 for the Emergency Shelter Operation Services for the period of April 5, 2021, through September 30, 2021. The Parties fully executed Amendment No. 11 on June 16, 2021. Among other things, it added an additional $150,000 for Weather Relief Relocation transportation services from the Human Services Campus located at 204 South 12th Avenue, Phoenix 85003 for homeless individuals for the period beginning June 9, 2021, and ending September 30, 2021. The Parties fully executed Amendment No. 12 on July 14, 2021. Among other things, it added an additional $221,232 for Weather Relief services at the Human Services Campus for homeless individuals for the period beginning July 1, 2021 through September 30, 2021. II. The Parties agree to enter into this Amendment No. 13 to amend the Agreement as follows: A. Extend the Agreement termination date from September 30, 2021 through December 31, 2021. B. The County shall provide the Subrecipient with: i. $221,232 for COVID-19 weather relief services at the Human Services Campus overflow shelter, identified in the attached Human Services Campus Overflow Shelter Budget. The funding for the services shall be provided by Maricopa County General Funds. The funding availability period is from October 1, 2021 through December 31, 2021. ii. $309,540 to continue Emergency Shelter Operations at a County Leased Motel located at 965 E. Van Buren. The funding for the services shall be provided by American Rescue Plan Act, Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) under the CFDA number of 21.027. The funding availability period is from October 1, 2021 through December 31, 2021. C. Revise Section 26.0 (SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS), by deleting Subsection 26.3 and replacing it with the following: Contract No. C-22-19-020-3-14 Amendment No. 13 Page 3 of 6 Human Services Campus, Inc. 26.3 The Subrecipient shall insert the substance of this clause, including this Paragraph 26.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). D. Revise Section 35.0 (Administrative Change Order) by deleting Section 35.0 and replacing it with the following: 35.0 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. 35.1. Administrative Change Orders may address any of the following areas: 35.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 35.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 35.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and 35.1.4 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies, or requirements 35.2. It is the responsibility of the Subrecipient to ensure the latest documents are consulted and followed. E. Add the following Sections: 38.0 FORCE MAJEURE 38.1 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. 38.2 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. 38.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken Contract No. C-22-19-020-3-14 Amendment No. 13 Page 4 of 6 Human Services Campus, Inc. 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. 39.0 LOBBYING 39.1 No federal appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, or cooperative agreement. 39.2 If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal agreement, grant, loan or cooperative agreement, then the Subrecipient shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. 40.0 SURVIVAL The indemnification, hold harmless, defense, and non-liability provisions of this Agreement shall have full force and effect notwithstanding any other provisions in this Agreement and shall survive the termination or expiration of this Agreement. III. Section II above contains all the changes made by this Amendment No. 13. All other terms and conditions of the Agreement and previously approved Amendments not amended by this Amendment No. 13 shall remain unchanged and in full force and effect as executed by the Parties. IV. The Parties have authorized the undersigned to execute this Amendment No. 13 on their behalf. V. This Amendment No. 13 shall be effective upon approval and signature by both Parties. (Signatures are contained on the following page) Contract No. C-22-19-020-3-14 Amendment No. 13 Page 5 of 6 Human Services Campus, Inc. IN WITNESS, the Parties have approved and signed this Amendment No. 13: FOR AND ON BEHALF OF HUMAN SERVICES CAMPUS, INC.: _____________________________________ Amy Schwabenlender Date Executive Director FOR MARICOPA COUNTY: _____________________________________ Jack Sellers Date Chairman of the Board of Supervisors Attestation: _____________________________________ Clerk of the Board Date This Amendment No. 13 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 to Maricopa County under the laws of the State of Arizona. Approved as to form: _____________________________________ Deputy County Attorney Date Contract No. C-22-19-020-3-14 Amendment No. 13 Page 6 of 6 Human Services Campus, Inc. Human Services Campus Overflow Shelter Budget COVID-19 90 day Budget Operating Expenses HSC Staff $ 65,000 3-4 staff 15 hours per day, 7 days per week for setup, intake, tear-down and cleaning split 50/50 between HSC staff and temporary contract labor. Also, a nominal amount of HSC program staff management, security manager, HR and Finance labor. HSC Staff ERE 16,900 HSC rate of 26% Temp Staff 65,000 See HSC Staff note above Janitorial 7,920 Laundry and janitorial services at $616 per week Security 22,000 One unarmed security guard 13.5 hours per day, 7 days a week Supplies 16,800 PPE, toiletry supplies, cleaning supplies - estimate based on previous quarter's actuals Sanitizing and AED 7,500 Cintas deep cleaning and AED rental fee Total Operating Expenses $ 201,120 Administrative Costs 20,112 Total Project Expense $ 221,232 Human Services Campus Overflow Shelter Budget October 1, 2021 - December 31, 2021