NATIVE AMERICAN CONNECTIONS AMEND 7.PDF
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Contract No. C-22-20-058-3-07 Amendment No. 7 Page 1 of 3 Native American Connections, Inc. AMENDMENT NO. 7 TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND NATIVE AMERICAN CONNECTIONS, INC. I. Maricopa County (“County”), administered by its Human Services Department, and Native American Connections, Inc. (“Subrecipient”) entered into a financial Agreement (“Agreement”), which was fully executed on or about June 24, 2020. The purpose of the Agreement is for the provision of Emergency Shelter services for individuals experiencing homelessness in Maricopa County. The County provided the Subrecipient with $144,670 Community Development Block Grant funds. The term of the Agreement is from July 1, 2020, to June 30, 2021. The County and the Subrecipient collectively are referred to here as the “Parties.” The Parties fully executed Amendment No. 1 on or about July 28, 2020, which, among other things, provided the Subrecipient with a not-to-exceed amount of $105,201 in Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funding to increase homelessness services. The funds were to be expended no later than September 30, 2020. The Parties fully executed Amendment No. 2 on or about October 13, 2020, which extended the date to expend the CARES Act funding through December 30, 2020 and added required agreement language. The Parties fully executed Amendment No. 3 on or about November 4, 2020, which, among other things, provided the Subrecipient with a not-to-exceed amount of $105, 201 in CARES Act funding for the period of October 1, 2020, through December 30, 2020. The Parties fully executed Amendment No. 4 on or about December 9, 2020, which, among other things, provided the Subrecipient with a not-to-exceed amount of $105,201 in CARES Act funding for the period of December 31, 2020, through March 31, 2021. The Parties fully executed Amendment No. 5 on or about March 24, 2021, which among other things, provided the Subrecipient with a not-to-exceed amount of $105,201 CARES Act funding for the period April 1, 2021, through June 30, 2021. The Parties fully executed Amendment No. 6 on or about June 9, 2021, which among other things, provided the Subrecipient with a not-to-exceed amount of $105,201 in CARES Act funding for the period of July 1, 2021, through September 30, 2021. The Agreement was extended from June 30, 2021, to and through June 30, 2022. II. The Parties now agree to amend the Agreement by this Amendment No. 7 as follows: A. The County shall provide the Subrecipient with an additional not-to-exceed amount of $105,201 in American Rescue Plan Act, Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) under the CFDA number of 21.027 to continue Hotel Shelter operations, for the period October 1, 2021 through December 31, 2021. Contract No. C-22-20-058-3-07 Amendment No. 7 Page 2 of 3 Native American Connections, Inc. The Subrecipient shall submit monthly Requests for Reimbursements and the final CSLFRF Request for Reimbursement shall be submitted no later than January 15, 2022. B. Revise Section 1 (General Provisions) Paragraph 52.0 (SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS), by deleting Subparagraph 52.3 and replacing 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). C. Revise Section 1 (General Provisions), by adding the following 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 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. 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 not amended by this Amendment No. 7 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. 7, and it shall be effective upon approval and signature by the Parties. Contract No. C-22-20-058-3-07 Amendment No. 7 Page 3 of 3 Native American Connections, Inc. (Signatures are contained on the following page) IN WITNESS, the Parties have approved and signed this Amendment No. 7. NATIVE AMERICAN CONNECTIONS: __________________________________ Diana Yazzie Devine Date Title: Chief Executive Officer MARICOPA COUNTY: ____________________________________ Jack Sellers Date Title: Chairman of the Board of Supervisors ATTESTATION: ____________________________________ 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: ____________________________________ Deputy County Attorney Date