Extracted text (via pymupdf)
11264 characters
Contract No. C-22-20-059-3-06 Amendment No. 6 Page 1 of 5 Circle the City AMENDMENT NO. 6 TO THE CONTRACT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CIRCLE THE CITY I. Maricopa County (“County”), administered by its Human Services Department, and Circle the City, a non-profit, community-based organization (“Contractor”), fully executed a financial agreement (“Agreement”), on or about June 24, 2020, for nursing services for individuals experiencing homelessness who are COVID-19 positive or symptomatic at the County temporary housing facility (“Facility”). The Agreement Start Date is May 11, 2020. In accordance with the terms of the Agreement, the County agreed to pay the Contractor an amount not to exceed $955,584 in CFDA 21.019 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136 for the services. The County and Contractor collectively are referred to as the “Parties.” The Parties fully executed Amendment No. 1 on or about October 7, 2020. Among other things, it extended the Termination Date from September 30, 2020, to December 30, 2020, clarified the services to be provided, and changed the location where the services are to be provided. The Parties fully executed Amendment No. 2 on or about January 27, 2021. Among other things, it extended the Termination Date from December 31, 2020, through to March 31, 2021, and added an additional $938,720 in funding under CFDA 21.019 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, the Agreement amount shall not to exceed $1,894,304. The Parties fully executed Amendment No. 3 on or about March 10, 2021. It increased the Agreement funding by $1,000,000 under CARES Act and increased Agreement to a not- to-exceed amount of $2,894,304 under CARES Act and provided direction on submitting invoices. The Parties fully executed Amendment No. 4 on or about March 24, 2021. It extended the Termination Date from March 31, 2021 through June 30, 2021. The Amendment also provided the Contractor with $1,000,000 under CARES Act. The Agreement amount increased to a not-to-exceed amount of $3,894,304. The Parties fully executed Amendment No. 5 on or about June 9, 2021. It extended the Termination Date from June 30, 2021 through September 30, 2021. The Amendment also provided the Contractor with $300,000 under CARES Act. The Agreement amount increased to a not-to-exceed amount of $4,194,304. II. The Parties agree to enter into this Amendment No. 6 to amend the Agreement as follows: A. Extend the Termination Date from September 30, 2021 through December 31, 2021. Contract No. C-22-20-059-3-06 Amendment No. 6 Page 2 of 5 Circle the City B. Revise Section 2.0 (Purpose), by adding Subsections 2.3, to read as follows: 2.3 The Contractor shall provide peer ambassador services to individuals experiencing homelessness. (Peer Ambassadors are current or former clients/patients of Circle the City who have been vaccinated and will be utilized to inform homeless individuals of their positive experience to encourage other people experiencing homelessness to obtain a Covid-19 vaccination.) 2.4 The Contractor shall hire a Health Unit Coordinator to provide services to individuals experiencing homelessness at the Covid Isolation hotel. C. Revise Section 10.0 (Funding, Invoicing, and Payment), Subsections 10.6, 10.7, and 10.8, to read as follows: 10.6 The County shall provide the Contractor with: 10.6.1 $600,000 in additional funding to continue medical care and nursing care services to individuals experiencing homelessness who are either COVID-19 positive or symptomatic (or both) at the Phoenix Inn facility provided under American Rescue Plan Act, Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) under the CFDA number of 21.027. The funding availability period is extended through December 31, 2021. 10.6.2 $30,000 in additional funding to hire a Health Unit Coordinator to support staff providing medical care and nursing care services to homeless individuals at the Covid Isolation hotel. The funding for this position 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 September 1, 2021 through December 31, 2021. 10.6.3 $16,500 in funding to offer peer ambassadors reimbursement for time spent providing services to individuals experiencing homelessness. The funding for services shall be provided by Maricopa County Public Health Department of Epidemiology and Laboratory Capacity (ELC2) CFDA number 93.323. The funding availability period is from October 1, 2021 through December 31, 2021. 10.7 The Agreement amount shall now be increased to a total not-to-exceed amount of $4,840,804. 10.8 The Contractor shall submit monthly invoices no later than the 15th calendar day of each month. 10.9 The Contractor shall submit the September 2021 invoice no later than October 15, 2021. The December 2021 invoice shall be submitted no later than January 15, 2022. D. Revise Section 7.0 (Administrative Change Orders) by deleting Paragraph 7.0 and replacing it with the following: 7.0 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 Contract No. C-22-20-059-3-06 Amendment No. 6 Page 3 of 5 Circle the City Change Orders shall be approved and fully executed by the Chairman of the Board of Supervisors and the Contractor. 7.1. Administrative Change Orders may address any of the following areas: 7.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 7.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 7.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and 7.1.4 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. 7.2. It is the responsibility of the Contractor to ensure the latest documents are consulted and followed. E. Revise Section 28.0 (Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights), by deleting Subsection 28.3 and replacing it with the following: 28.3 The Contractor shall insert the substance of this clause, including this Section 28.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). F. Add the following paragraphs: 40.0 FORCE MAJEURE 40.1 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. 40.2 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. 40.3 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 Contract No. C-22-20-059-3-06 Amendment No. 6 Page 4 of 5 Circle the City would justify such an assertion, so that other prudent precautions could be contemplated. 41.0 LOBBYING 41.1 No federal appropriated funds have been paid or will be paid by or on behalf of the Contractor 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. 41.2 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 Contractor shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. III. Section II above contains all the changes made by this Amendment No. 6. All other terms and conditions of the Agreement and previously approved Amendments shall remain the same and in full force and effect as approved. IV. The Parties have authorized the undersigned to execute this Amendment No. 6 on their behalf. V. This Amendment No. 6 shall be effective as of October 1, 2021, upon approval and signature by both Parties. (Signatures are contained on the following page) Contract No. C-22-20-059-3-06 Amendment No. 6 Page 5 of 5 Circle the City IN WITNESS, the Parties have approved and signed this Amendment No. 6: FOR AND ON BEHALF OF CIRCLE THE CITY: _____________________________________ Kimberly Despres, Interim CEO Date FOR MARICOPA COUNTY: _____________________________________ Jack Sellers Date Chairman of the Board of Supervisors Attested To: _____________________________________ Clerk of the Board Date This Amendment No. 6 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