IGA WITH DES FOR EMERGENCY SHELTER SERVICES.PDF

Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
Agreement between the Arizona Department of Economic Security ("ADES") and the Maricopa County
Administered by its Human Services Department ("Contractor").
WHEREAS ADES is duly authorized to execute and administer contracts under A.R.S § 41-1954 and,
The Contractor is duly authorized to execute and administer contracts under A.R.S. __________________ § 11-952 et seq. and,
ADES and the Contractor are authorized by A.R.S. § 11-952 et seq. to enter into agreements for joint or cooperative
action to contract for the services specified in this Agreement.
The term of this Agreement shall begin on date of last signature and shall end on June 30, 2020, unless otherwise
amended.
THEREFORE, ADES and Contractor (the “Parties”) agree to abide by all the terms and conditions set forth in this
Agreement.
BY SIGNING THIS FORM ON BEHALF OF A PARTY, THE SIGNATORY CERTIFIES POSSESSING THE AUTHORITY TO BIND THE PARTY
TO THIS AGREEMENT.
FOR AND ON BEHALF OF THE ARIZONA FOR AND ON BEHALF OF THE MARICOPA
DEPARTMENT OF ECONOMIC SECURITY: COUNTY ADMINISTERED BY ITS HUMAN
SERVICES DEPARTMENT:
Chief Procurement Officer Signature Signature
Bill Gates
Printed Name Printed Name
Chairman, Maricopa County Board of Supervisors
Title Title
Date Date
DI20-002242
ADES Contract Number Contract Number
IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT IS IN APPROPRIATE FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY.
ARIZONA ATTORNEY GENERAL’S OFFICE
By: ____________________________________ By: _________________________________________
Assistant Attorney General Public Agency Legal Counsel
Date: __________________________________ Date: ________________________________________
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Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
1.0 ADES VISION AND MISSION STATEMENTS
1.1. ADES Vision: All Arizonans who qualify receive timely ADES services and achieve their potential.
1.2. ADES Mission: The Arizona Department of Economic Security makes Arizona stronger by helping
Arizonans reach their potential through temporary assistance for those in need, and care for the vulnerable.
2.0 PURPOSE OF AGREEMENT
2.1. The purpose of this agreement is to provide funds as available, and as determined by the Division, on an
annual basis, to Maricopa County for weather related relief to homeless persons.
3.0 DEFINITIONS
3.1 Homeless Management Information System (HMIS) – The database used in the State of Arizona for the
Continuum of Care (COC) Coordinated Entry System to collect participant level data on the provision of
housing and services to individuals.
4.0 SERVICE DESCRIPTION
4.1 To provide funding for weather related temporary emergency shelter services to adults experiencing
homelessness in and around the Human Services Campus (the Campus) located at 204 S. 12th Avenue,
Phoenix, Arizona 85007.
5.0 RESPONSIBILITIES
ADES and the Contractor agree as follows:
5.1. The Contractor shall:
5.1.1. Ensure weather relief shelter is provided to clients 18 years of age or older.
6.0 EXTENSION
This agreement may be extended through a mutual written amendment.
7.0 TERMINATION
7.1. This agreement may be terminated by mutual agreement of the parties at any time during the term of this
agreement.
7.2. Each Party shall have the right to terminate this agreement by personal delivery or by certified mail, return
receipt requested, to the other party written notice of termination at least thirty (30) days prior to the effective
date of said termination.
8.0 AMENDMENTS
8.1. This agreement may be amended only by mutual written amendment. No agent, employee or other
representative of either Party is empowered to alter any of the terms of the agreement, unless amended in
writing and signed by the authorized representative of the respective Parties.
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Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
8.2. Either party shall give written notice to the other party of any non-material alteration that affects the
provisions of this agreement. Non-material alterations that do not require a written amendment are as
follows:
8.2.1. Change of telephone number;
8.2.2. Change in authorized signatory; and/or
8.2.3. Change in the name and/or address of the person to whom notices are to be sent.
9.0 MANNER OF FINANCING
9.1. ADES shall provide payment of $50,000 within 45 days of contract execution.
10.0 REPORTING REQUIREMENTS
10.1. The Contractor shall ensure all participants’ information is entered/updated correctly into the Homeless
Management Information System (HMIS).
11.0 PAYMENT REQUIREMENTS
11.1 For the advancement of funds for services, the Contractor shall make an accounting of expenditures and
return any funds not used to the appropriation account of ADES.
12.0 NOTICES
12.1. All notices to the Contractor regarding this agreement shall be sent to the following address:
Maricopa County Human Services Department
Rachel Milne
Human Services Department
234 N. Central Avenue 3rd Floor
Phoenix, Arizona 85004
12.2. All notices to ADES regarding this agreement shall be sent to the following address:
Arizona Department of Economic Security
Contracts Management Unit
P.O. Box 6123 – Mail Drop 6271
Phoenix, Arizona 85005
13.0 DISPOSITION OF PROPERTY
13.1. None
14.0 OTHER MATTERS
14.1. NONE
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Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
15.0 APPLICABLE LAW
This agreement shall be governed and interpreted by the laws of the State of Arizona. The materials and services
supplied under this agreement shall comply with all applicable Federal, State and local laws, and the Contractor
shall maintain all applicable licenses and permit requirements.
16.0 ARBITRATION
The Parties to this agreement agree to resolve all disputes arising out of or relating to this agreement through
arbitration, after exhausting applicable administrative review, to the extent required by A.R.S.§§ 12-1518(B) and
12-133, except as may be required by other applicable statutes.
17.0 AUDIT
In accordance with A.R.S. § 35-214, the Contractor shall retain and shall contractually require each subcontractor
to retain all data, books and other records (“records”) relating to this agreement for a period of five (5) years after
the completion of the agreement except if subject to Health Insurance Portability & Accountability Act which is six
(6) years from the date of final payment. All records shall be subject to inspection and audit by the State at
reasonable times. Upon request, Contractor shall produce the original of any or all such records.
18.0 CONFLICT OF INTEREST
In accordance with A.R.S. § 38-511, the State may within three years after execution terminate the agreement,
without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting
or creating the agreement on behalf of either party, at any time while the agreement is in effect, becomes an
employee or agent of any other party to the Agreement in any capacity or a consultant to any other party to the
agreement with respect to the matter of the agreement.
19.0 E-VERIFY
In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal immigration laws and
regulations relating to employees and warrants its compliance with A.R.S. § 23-214, Subsection A.
20.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
20.1. By entering into the agreement, the Contractor warrants compliance with the Federal Immigration and
Nationality Act. (FINA) and all other Federal immigration laws and regulations related to the immigration
status of its employees. The Contractor shall obtain statements from its subcontractors certifying
compliance and shall furnish the statements to the Procurement Officer upon request. These warranties
shall remain in effect through the term of the agreement. The Contractor and its subcontractors shall also
maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor’s
Immigration and Control Act, for all employees performing work under the Agreement. I-9 forms are
available for download at USCIS.GOV.
20.2. The State may request verification of compliance for any Contractor or subcontractor performing work
under the agreement. Should the State suspect or find that the Contractor or any of its subcontractors are
not in compliance, the State may pursue any and all remedies allowed by law, including, but not limited to
suspension of work, termination of the agreement for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
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Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
21.0 INDEMNIFICATION:
21.1. Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as
"Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable
attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person
(including death) or property damage, but only to the extent that such Claims which result in
vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or
other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona,
Department of Economic Security is self-insured per A.R.S. 41-621.
21.2. In addition, should (Maricopa County Administered by its Human Services Department) utilize a
contractor(s) and subcontractor(s) the indemnification clause between (Maricopa County Administered by
its Human Services Department) and its contractor(s) and subcontractor(s) shall include the following:
21.3. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the (Maricopa
County Administered by its Human Services Department) and the State of Arizona, and any jurisdiction or
agency issuing any permits for any work arising out of this agreement, and its departments, agencies,
boards, commissions, universities, , officers, officials, agents, and employees (hereinafter referred to as
“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage
to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or
willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered
under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any
federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of
the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or
willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all
claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and
judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies,
contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees as an additional insured and also
include a waiver of subrogation in favor of the State.
21.4. INSURANCE REQUIREMENTS FOR GOVERNMENTAL PARTIES TO AN IGA
• None
21.5. INSURANCE REQUIREMENTS FOR ANY CONTRACTORS USED BY A PARTY TO THE INTERGOVERNMENTAL
AGREEMENT (Note: this applies only to Contractors used by a governmental entity, not to the governmental
entity itself.) The insurance requirements herein are minimum requirements and in no way limit the
indemnity covenants contained in the Intergovernmental agreement. The State of Arizona in no way
warrants that the minimum limits contained herein are sufficient to protect the governmental entity or
Contractor from liabilities that might arise out of the performance of the work under this Contract by the
Contractor, his agents, representatives, employees or subcontractors, and Contractor and the
governmental entity are free to purchase additional insurance.
21.6. MINIMUM SCOPE AND LIMITS OF INSURANCE
Contractor shall provide coverage with limits of liability not less than those stated below.
21.6.1. Commercial General Liability – Occurrence Form
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Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
Policy shall include bodily injury, property damage, and broad form contractual liability coverage.
• General Aggregate $2,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Damage to Rented Premises $ 50,000
• Each Occurrence $1,000,000
a.) The policy shall be endorsed, as required by this written agreement, to include the State of
Arizona, and its departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees as additional insureds with respect to liability arising out of the
activities performed by or on behalf of the Contractor.
b.) Policy shall contain a waiver of subrogation endorsement, as required by this written
agreement, in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising from
work performed by or on behalf of the Contractor.
(Note that the other governmental entity(ies) is/are also required to be additional insured(s) and
they should supply the Contractor with their own list of persons to be insured.)
21.6.2. Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in
the performance of this Contract.
• Combined Single Limit (CSL) $1,000,000
a.) Policy shall be endorsed, as required by this written agreement, to include the State of
Arizona, and its departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees as additional insureds with respect to liability arising out of the
activities performed by, or on behalf of, the Contractor involving automobiles owned, hired
and/or non-owned by the Contractor.
b.) `Policy shall contain a waiver of subrogation endorsement as required by this written
agreement in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising from
work performed by or on behalf of the Contractor.
(Note that the other governmental entity(ies) is/are also required to be additional insured(s) and
they should supply the Contractor with their own list of persons to be insured.)
21.6.3. Workers’ Compensation and Employers' Liability
• Workers' Compensation Statutory
• Employers' Liability
o Each Accident $1,000,000
o Disease – Each Employee $1,000,000
o Disease – Policy Limit $1,000,000
a.) Policy shall contain a waiver of subrogation endorsement, as required by this written
agreement, in favor of the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees for losses arising from
work performed by or on behalf of the Contractor.
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Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
b.) This requirement shall not apply to each Contractor or subcontractor that is exempt under
A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate
waiver form (Sole Proprietor or Independent Contractor).
21.7. ADDITIONAL INSURANCE REQUIREMENTS
The policies shall include, or be endorsed to include, as required by this written agreement, the following
provisions:
21.7.1. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor
shall be primary and that any insurance carried by the Department, its agents, officials, employees
or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-
621 (E).
21.7.2. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the
indemnification provisions of this Contract.
21.8. NOTICE OF CANCELLATION
Applicable to all insurance policies required within the Insurance Requirements of this Contract,
Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially
changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2)
business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a
policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or
will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand
delivered or sent by facsimile transmission to the Arizona Department of Economic Security Division of
Aging and Adult Services assigned contract specialist).
21.9. ACCEPTABILITY OF INSURERS
Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved
non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.
Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants
that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer
insolvency.
21.10. VERIFICATION OF COVERAGE
Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent
approved by the State of Arizona) evidencing that Contractor has the insurance as required by this
Contract. An authorized representative of the insurer shall sign the certificates.
21.10.1. All such certificates of insurance and policy endorsements must be received by the State before
work commences. The State’s receipt of any certificates of insurance or policy endorsements
that do not comply with this written agreement shall not waive or otherwise affect the
requirements of this agreement.
21.10.2. Each insurance policy required by this Contract must be in effect at, or prior to, commencement
of work under this Contract. Failure to maintain the insurance policies as required by this
Contract, or to provide evidence of renewal, is a material breach of contract.
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Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
21.10.3. All certificates required by this Contract shall be sent directly to the Department. The State of
Arizona project/contract number and project description shall be noted on the certificate of
insurance. The State of Arizona reserves the right to require complete copies of all insurance
policies required by this Contract at any time.
21.11. SUBCONTRACTORS
Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall
be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as
evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department
reserves the right to require, at any time throughout the life of the Contract, proof from the Contractor that
its subcontractors have the required coverage.
21.12. APPROVAL AND MODIFICATIONS
The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications
to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed
necessary. Such action will not require a formal Contract amendment, but may be made by administrative
action.
21.13. EXCEPTIONS
In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall
not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or
subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above
shall apply.
22.0 IT 508 COMPLIANCE
Unless specifically authorized in the agreement, any electronic or information technology offered to the State of
Arizona under this agreement shall comply with A.R.S. §§ 18-131 and §§ 18-132 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and
use of information technology that is comparable to the access and use by employees and members of the public
who are not individuals with disabilities.
23.0 NON-AVAILABILITY OF FUNDS
In accordance with A.R.S. § 35-154, every payment obligation of the State under the agreement is conditioned
upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated
and available for the continuance of this agreement, this agreement may be terminated by the State at the end of
the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised,
and the State shall not be obligated or liable for any future payments or for any damages as a result of termination
under this paragraph.
24.0 NON-DISCRIMINATION
The Contractor shall comply with State Executive Order No. 2009-09 and all other applicable Federal and State
laws, rules and regulations, including the Americans with Disabilities Act.
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Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
25.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, direct services under this agreement shall be performed within
the borders of the United States. Any services that are described in the specifications or scope of work that directly
serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data
or development or modification of software for the State shall be performed within the borders of the United States.
Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or 'overhead'
services, redundant back-up services or services that are incidental to the performance of the Agreement. This
provision applies to work performed by subcontractors at all tiers.
26.0 PARTICIPATION IN BOYCOTT OF ISRAEL
Contractor warrants it is not engaged in a boycott of Israel as defined by A.R.S. § 35-393.01.
27.0 RIGHT OF OFFSET
ADES shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by ADES,
or damages assessed by ADES concerning the Contractor’s non-conforming performance or failure to perform
the agreement. The right to offset may include, but is not limited to, a deduction from an unpaid balance and a
collection against the bid and/or performance bonds. Any offset taken for damages assessed by the ADES shall
represent a fair and reasonable amount for the actual damages and shall not be a penalty for non-performance.”
28.0 THIRD- PARTY ANTITRUST VIOLATIONS
The Contractor assigns to ADES any claim for overcharges resulting from antitrust violations concerning materials
or services supplied by third parties to the Contractor, toward fulfillment of this agreement.
29.0 ATTACHMENTS
The following list of attachments constitutes an integral part of subject agreement:
29.1. None
30.0 EXHIBITS
The following list of exhibits constitutes an integral part of subject agreement:
30.1. None
31.0 CONFIDENTIALITY
31.1. The Contractor shall observe and abide by all applicable State and federal statutes, rules and regulations
regarding the use or disclosure of information including, but not limited to, information concerning
applicants for and recipients of contract services. To the extent permitted by law, the Contractor shall
release information to ADES and to the Attorney General's Office as required by the terms of this
agreement, by law or upon their request.
31.2. The Contractor shall comply with the requirements of Arizona Address Confidentiality Program, A.R.S. §
41-161 et. seq. ADES will advise the Contractor as to applicable policies and procedures ADES has
adopted for such compliance.
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Intergovernmental Agreement (IGA)
Agreement No.: DI20- 002242
Description: Emergency Shelter
32.0 DATA SHARING AGREEMENT
When determined by ADES that sharing of confidential data will occur with the Contractor, the Contractor shall
complete ADES Data Sharing Request Agreement and submit the completed Agreement to ADES Program
Designated Staff prior to any work commencing or data shared. A separate Data Sharing Request Agreement
shall be required between the Contractor and each ADES Program sharing confidential data.
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