SAINT VINCENT DE PAUL AMEND 7 FINAL.PDF
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Contract No. C-22-21-125-X-07 Amendment No. 7 Diocesan Council for the Society of Saint Vincent de Paul Page 1 of 4 AMENDMENT NO. 7 TO THE CONTRACT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND DIOCESAN COUNCIL FOR THE SOCIETY OF SAINT VINCENT DE PAUL I. Maricopa County (“County”), administered by its Human Services Department, and Diocesan Council for the Society of Saint Vincent de Paul, a non-profit, community-based organization (“Contractor”) entered into a financial agreement (“Agreement”), which was fully executed on or about June 16, 2021, for weather relief accommodations for people experiencing homelessness. The County and Contractor collectively are referred to as the “Parties.” The Agreement Start date is June 9, 2021, and the Termination date is September 30, 2021. In accordance with the terms of the Agreement, the County agreed to pay the Contractor an amount not to exceed $387,782 for those services. The Parties executed Amendment No. 1 on or about August 4, 2021, The County provided an increase in funding in the amount of $343,682 for an Agreement total of $731,464. The Parties executed Amendment No. 2 on or about September 1, 2021. The County provided an increase in General Funds in the amount of $77,039 for an Agreement total of $808,503. Amendment No. 2 also extended the Agreement to June 30, 2022. The Parties executed Amendment No. 3 on or about April 6, 2022. Amendment No.3 extended the Agreement to June 30, 2023. In addition, it added a Work Statement for Heat Relief services and provided the Contractor with $2,003,920 in American Rescue Plan Act (ARPA) funds under Assistance Listing Number (ALN) 21.027 related to Heat Relief services. $88,845 in General Funds were added for drinking water to be expended through October 31, 2022. The Agreement funding total was increased to $2,901,268. The Parties executed Amendment No. 4 on or about August 17, 2022, to update Contractor responsibilities relating to background and fingerprint clearances. The County provided an increase in funding in the amount of $96,090 in County General funds in support of Janitorial services. The total contract amount increased through Amendment No. 4 was $2,997,358. The funds were due to be expended by Contractor by October 31, 2022. The Parties executed Amendment No. 5 on or about October 19, 2022, which was to correct the funding source on Amendment No. 4 and to extend the Agreement to January 31, 2025. The County provided an increase in funding in the amount of $4,678,948 under ALN 21.027 Coronavirus State and Local Fiscal Recovery Funds, through January 31, 2025. The Agreement funding total was increased to $7,676,306. The Parties executed Amendment No. 6 on or about February 8, 2023, to provide the Contractor with an additional $65,000 General Funds through January 31, 2025. The Uyghur Forced Labor Prevention Act (UFLPA) clause was also added to the Agreement. The Agreement funding total was increased from $7,676,306 to $7,741,306. II. The Parties agree to enter into this Amendment No. 7 to amend the Agreement as follows: Contract No. C-22-21-125-X-07 Amendment No. 7 Diocesan Council for the Society of Saint Vincent de Paul Page 2 of 4 A. The County shall provide the Contractor with an additional $2,108,421 in American Rescue Plan Act (“ARPA”) funds under Assistance Listing Number 21.027. The period of funding availability for Amendment No. 7 shall extend through January 31, 2026. The total available funding under this Amendment No. 7 shall not exceed $2,108,421. Contractor shall continue to provide shelter services for homeless individuals at the St. Vincent de Paul 2739 E. Washington Street location to include meals, laundry and clothing services, support case conferencing efforts and connecting individuals to needed services and housing. B. The Agreement funding total amount shall be increased from $7,741,306 to $9,849,727. C. Add the following paragraphs to the Agreement: 40.0 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. 41.0 FORCE MAJEURE 41.1 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. 41.2 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. 41.3 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. 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 Contract No. C-22-21-125-X-07 Amendment No. 7 Diocesan Council for the Society of Saint Vincent de Paul Page 3 of 4 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 above contains all the changes to the Agreement made by this Amendment No. 7. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. V. The Parties have authorized the undersigned to execute this Amendment No. 7, and it shall be effective upon approval and signature by both Parties. IN WITNESS, the Parties have approved and signed this Amendment No. 7: Approved by: DIOCESAN COUNCIL FOR THE SOCIETY OF SAINT VINCENT DE PAUL: _____________________________________ Marcus Anderson Date Chief Financial Officer Approved by: MARICOPA COUNTY: _____________________________________ Jack Sellers Date Chairman, Board of Supervisors Attested to: _____________________________________ Juanita Garza Date Clerk of the Board 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 to Maricopa County under the laws of the State of Arizona. Approved as to form: _____________________________________ Deputy County Attorney Date Contract No. C-22-21-125-X-07 Amendment No. 7 Diocesan Council for the Society of Saint Vincent de Paul Page 4 of 4