08.02.18_FINAL IGA MARICOPA COUNTY AND CITY OF PHOENIX HHHOME PROJECT.DOCX

Intergovernmental Agreement (IGA)
Between
Maricopa County, Ryan White Part A Program
And
City of Phoenix, Housing Department
This INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made and entered into by and between
the City of Phoenix, an Arizona municipal corporation (the “City” or “Subrecipient”) and the Maricopa County,
a political subdivision of the State of Arizona, Ryan White Part A (RWPA) Program (the “Department”). The
City and the Department may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. Arizona Revised Statutes (“A.R.S.”), § 11-952(A), provides that public agencies may enter into
intergovernmental agreements for services or for joint or for cooperative action. Pursuant to A.R.S. §
11-951, public agencies include cities and counties.
B. Phoenix is empowered by Chapter 2, § 2 of the City of Phoenix Charter to enter into this Agreement,
authorized by Ordinance S-44722 of the City Council approved June 6, 2018, and has authorized the
undersigned to execute this Agreement on behalf of the City;
C. The Parties wish to work together to enhance the services provided to individuals living with
HIV/AIDS; and
D. The Parties desire to enter into an agreement and document the terms and responsibilities each party has
agreed to for the provision of transitional housing individuals living with HIV/AIDS who are unstably
housed as defined by the following:
i. Literally homeless; lacks a fixed, regular, and adequate nighttime residence, or transitionally
housed;
a) Transitionally housed is defined as being in a place for less than 24 months; this can
be a person participating in subsidized housing program such as rapid re-housing
program; half way housing; sober housing; OR
b) An individual or family with a primary nighttime residence that is a public or private
place not designed for or ordinarily used as a regular sleeping accommodation for
human beings, including a car, park, abandoned building, bus or train station, airport,
or camping ground; OR
c) An individual or family living in a supervised publicly or privately operated shelter
designated to provide temporary living arrangements (including congregate shelters,
transitional housing, and hotels and motels paid for by charitable organizations or by
federal, state, or local government programs for low income individuals); OR
ii. Unstably housed
a) Has not had a lease, ownership interested, or occupancy agreement in permanent and
stable housing with appropriate utilities (e.g. running water, electricity) in last 60
days; OR
b) Are in permanent supportive housing and received a shut off notice in the last 60
days; OR
c) Has experienced persistent housing instability as measured my two moves or more
during the preceding 60 days; OR
Page 1 of 24

d) Can be expected to continue in such status for an extended period of time; OR
e) Imminent eviction (Received a Notice to Quit from the court system); OR
iii. Individual fleeing domestic violence who:
a) Is fleeing, or attempting to flee, domestic violence; and
b) Has no other residence; and
c) Lacks the resources to support networks to obtain other permanent housing; OR
iv. Imminent risk of homelessness
Individual or family who will imminently lose their primary nighttime residence, provided that:
a) Residence will be lost within 14 days of the ate of application for homeless
assistance;
b) No subsequent residence has been identified; and
c) The individual or family lacks the resources or support networks needed to obtain
other permanent housing.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties promise to each other
and agree as follows:
1. RECITALS:
The recitals stated above are, by this reference, incorporated into this Paragraph 1 and deemed a part
of this Agreement.
2. TERM:
The Term of this Agreement shall begin on September 1, 2018 and continue until March 31, 2021
unless extended or terminated as provided herein. The grant year starts every year on April 1st and
ends on the last day of March of the following year.
3. AGREEMENT AMOUNT (Maximum Reimbursable Amount):
The Agreement Amount is $2,500,000.00 over the term of the contract. The annual amount will be
based upon funding awarded and the Ryan White Part A Planning Council determination. A task
order indicating the amount will be issued annually. The total costs shall not exceed this amount
except as authorized by an Amendment, Task Order or Condition of Award document prepared and
fully executed by both parties to this Agreement. The Subrecipient shall provide services with
administrative charges not to exceed 10% of the direct service costs.
These activities are to be provided by Subrecipient or Subrecipients subcontracts on behalf of the
Maricopa County, RWPA Program.
4. FUNDING:
The Agreement, referenced herein, is funded by the Health Resources and Services Administration
(HRSA), HIV/AIDS Bureau (HAB), Ryan White Treatment Extension Act of 2009. CFDA number
93.917-HIV Care Formula Grants. The funds provided for this IGA are rebate funds provided to
Ryan White Part A by the Arizona Department of Health Services Ryan White Part B Program.
5. DEFINITIONS:
As used throughout these Provisions the following terms shall have the meanings set forth:
5.1 Agreement: means this document and all attachments and amendments hereto.
5.2 Subrecipient: means the City of Phoenix, Housing Department, as listed on the cover page
Page 2 of 24

of this Agreement to which the Department has made agreement with.
5.3 County: means Maricopa County, Arizona.
5.4 Department: means the Maricopa County, Ryan White Part A Program.
5.5 Funding /source: means any Federal, State, or Private Agency funding source that may
impose conditions on the funding that will be passed on to the Subrecipient.
6. GENERAL REQUIREMENTS:
6.1 The terms of this Agreement shall be construed in accordance with Arizona law. Any action
thereon shall be brought in the appropriate court in the State of Arizona.
6.2 The Subrecipient shall, without limitation, obtain and maintain all licenses, permits, and
authority necessary to do business, render services, and perform work under this
Contract, or Agreement and shall comply with all laws regarding Unemployment Insurance,
Disability Insurance, and Worker's Compensation. The Subrecipient shall pay the charges
and fees necessary and incidental to the lawful conduct of his business. The Subrecipient
shall keep fully informed of existing and future Federal, State and Local laws, ordinances,
and regulations which in any manner affect the fulfillment of a Contract and shall comply
with the same.
7. AMENDMENTS:
All Amendments to this Agreement must be in writing and signed by both Parties.
8. ADEQUACY OF RECORDS:
If the Subrecipient's books, records and other documents relevant to this Agreement are not
sufficient to support and document that allowable services were provided to eligible clients the
Subrecipient shall reimburse Department for the services not so adequately supported and
documented.
9. RETENTION OF RECORDS:
The Subrecipient agrees to retain all financial books, records, client records and other documents
relevant to this Agreement for six (6) years after final payment or until after the resolution of any
audit questions; whichever is longer. The County, Federal or State auditors and any other persons
duly authorized by the Department shall have full access to, and the right to examine copy and make
use of, any and all said materials.
10. ASSIGNMENTISUBCONTRACTING:
10.1 The use of sub-contractors and/or consultants shall be pre-approved by the Department. If the
use of sub-contractors is approved by Department, the Subrecipient agrees to use written
subcontract/consultant agreements which conform to Federal and State laws, regulations and
requirements of this Contract appropriate to the service or activity covered by the
subcontract. These provisions apply with equal force to the subcontract as if the subcontract
were the Subrecipient referenced herein. The Subrecipient is responsible for Agreement
performance whether or not subcontracts are used. The Subrecipient shall submit a copy of
each executed subcontract to Department within fifteen (15) days of its effective date.
10.2 All subcontract agreements must provide a detailed scope of work, indicating the provisions
of service to be provided by both the Subrecipient and Subcontractor.
10.3 All subcontract agreements must include a detailed budget, identifying all administrative and
direct service costs as defined in the Budget, Revenues and Expenditures section of this
contract.
10.4 All subcontract agreements must document the qualifications and ability to provide services
Page 3 of 24

by the subcontracting agency.
10.5 The Subrecipient agrees to include in any subcontracts a provision to the effect that the
subcontract agrees that Department shall have access to the subcontracts facilities and the
right to examine any books, documents and records of the subcontract, involving transactions
related to the subcontract and that such books, documents and records shall not be disposed
of except as provided herein.
10.6 The Subrecipient shall not enter into a subcontract for any of the work contemplated under
this Agreement except in writing and only with prior written approval of the Department.
Such approval shall include the review and acceptance by the Department of the proposed
sub-contractual arrangement between the Subrecipient and the subcontractor.
10.7 Subrecipient has a current contract with Southwest Behavioral and Health Services
(“SB&H”) for performance of transitional housing services for individuals with HIV/AIDS.
A copy of the contract has been provided to the Department. By entering into this
Agreement, the Department consents to the use of SB&H for this Agreement.
10.8 Subrecipient has a current contract with Area Agency on Aging (“AAA”) for performance of
housing advocacy and housing information services. A copy of the contract has been
provided to the Department. By entering into this Agreement, the Department consents to
the use of AAA for this Agreement.
11. AUDIT DISALLOWANCES:
11.1 The Subrecipient shall, upon written demand, reimburse Department for any payments made
under this Agreement, which are disallowed, by a Federal, State or Maricopa County audit in
the amount of the disallowance, as well as court costs and attorney fees which Maricopa
County incurs to successfully pursue legal action relating to such a disallowance.
11.2 If at any time it is determined by Department that a cost for which payment has been made is
a disallowed cost, Department shall notify the Subrecipient in writing of the disallowance
and the required course of action, which shall be at the option of Department either to adjust
any future claim submitted by the Subrecipient by the amount of the disallowance or to
require repayment of the disallowed amount by the Subrecipient.
11.3 The Subrecipient shall be responsible for repayment of any and all applicable audit
exceptions, which may be identified by County, State and Federal auditors of their
designated representatives, and reviewed by the Subrecipient. The Subrecipient will be billed
by the Department for the amount of said audit disallowance and shall promptly repay such
audit disallowance within 60 days of said billing.
12. COMPLIANCE MONITORING:
12.1 Department shall monitor the Subrecipient's compliance with, and performance under, the
provisions of this Agreement. On-site visits for compliance monitoring may be made by
Department and/or its grantor agencies at any time during the Subrecipient's normal business
hours. The Subrecipient shall make available for inspection and/or copying by Department,
all records and accounts relating to the work performed or the services provided under this
Agreement, or for similar work and/or service provided under other grants, agreements and
contracts.
12.2 The Subrecipient shall have policies and procedures in place that allow the Department as the
funding agency prompt and full access to financial, program and management records and
documents as needed for program and fiscal monitoring and oversight.
12.3 Subrecipient shall follow and comply with all related corrective action plans and
requirements of site visits and subsequent audits conducted by Department and its
Page 4 of 24

representatives. When monetary penalties are imposed or unallowable costs determined, the
Department will define how repayment will be made to the Department. This may include
decreasing or withholding the Subrecipient’s monthly billing or requiring payment to the
Department.
12.4 The Subrecipient shall submit reports to Department as requested that detail performance and
allow review of budget, cost of services and unit cost methodology.
13. AVAILABILITY OF FUNDS:
13.1 The provisions of this Agreement relating to payment for services shall become effective
when funds assigned for the purpose of compensating the Subrecipient as herein
provided are actually available to the Department for disbursement. The Department shall be
the sole judge and authority in determining the availability of funds under this
Agreement and the Department shall keep the Subrecipient fully informed as to the
availability of funds.
13.2 If any action is taken by any State Agency, Federal Department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this Agreement, the Department may amend, suspend, decrease, or
terminate its obligations under, or in connection with, this Agreement. In the event of
termination, the Department shall be liable for payment only for services rendered prior to
the effective date of the termination, provided that such services are performed in accordance
with the provisions of this Agreement. The Department shall give written notice of the
effective date of any suspension, amendment, or termination under this section, at least thirty
(30) days in advance.
14. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS:
14.1 The Subrecipient shall, during the term of this Agreement, immediately inform the
Department in writing of the award of any other contract, agreement or grant where the
award of such contract, agreement or grant may negatively affect either the direct or indirect
costs being paid/reimbursed under this Agreement. Failure by the Subrecipient to notify the
Department of such award shall be considered a material breach of the Agreement and the
Department shall have the right to terminate this Agreement without liability.
14.2 The Department may request, and the Subrecipient shall provide within a reasonable time, a
copy of any other contract, agreement or grant, when in the opinion of the Department, the
award of the other contract, agreement or grant may negatively affect the costs being paid or
reimbursed under this Agreement.
14.3 If the Department determines that the award to the Subrecipient of such other Federal or
State contract or grant has negatively affected the costs being paid or reimbursed under this
Agreement, the Department shall prepare an Amendment effecting a cost adjustment. If the
Subrecipient protests the proposed cost adjustment, the protest shall be construed as a dispute
within the meaning of the "Disputes" clause contained herein.
15. DEFAULT:
15.1 Department may suspend, modify or terminate this Agreement immediately upon written
notice to Subrecipient in the event of a non-performance of stated objectives or other material
breach of contractual obligations; or upon the happening of any event, which would
jeopardize the ability of the Subrecipient to perform any of its contractual obligations.
16. TERMINATION:
Page 5 of 24

16.1 Either Party may terminate this Agreement at any time with thirty (30) days prior written
notice to the other party. Such notice shall be given by personal delivery or by Registered or
Certified Mail.
16.2 This Agreement may be terminated by mutual written agreement of the parties specifying the
termination date therein.
16.3 Department may terminate this Agreement upon twenty-four (24) hours’ notice when
Department deems the health or welfare of a patient is endangered or Subrecipient non-
compliance jeopardizes funding source financial participation. If not terminated by one of
the above methods, this Agreement will terminate upon the expiration date of this Agreement
as stated on the Cover Page.
17. SEVERABILITY:
17.1 The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
18. STRICT COMPLIANCE:
18.1 Acceptance by Department of performance not in strict compliance with the terms hereof
shall not be deemed to waive the requirement of strict compliance for all future performance
obligations. All changes in performance obligations under this Agreement must be in
writing.
19. COVENANT AGAINST CONTINGENT FEES:
19.1 The Subrecipient warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of this warranty the
Department may annul this contract without liability.
20. SAFEGUARDING OF CLIENT INFORMATION:
20.1 The use or disclosure by any party of any information concerning an eligible individual
served under this Agreement is directly limited to the performance of this Agreement or any
separate contract, agreement or grant between Subrecipient and third parties for performance
of services to the eligible individual.
21. RIGHTS IN DATA:
21.1 The Parties hereto shall have the use of data and reports resulting from this Agreement
without cost or other restriction except as may otherwise be provided herein or by law or
applicable regulation. Each Party shall supply to the other party, upon request, any available
information that is relevant to this Agreement and to the performance hereunder.
22. NON-DISCRIMINATION:
22.1 The Parties agree to comply with all provisions and requirements of Arizona Executive Order
2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-
5 and may be viewed and downloaded at the Governor of the State of Arizona’s website at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is
hereby incorporated into this Agreement as if set forth herein. During the performance of
this Agreement, the Parties shall not discriminate against any employee, client or any other
individual in any way because of that person’s age, race, creed, color, religion, sex,
Page 6 of 24

disability, sexual orientation, sexual identity, gender identity or national origin. The Parties
shall, to the extent such provisions apply, comply with Titles VI and VII of the Civil Rights
Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of 1973, as
amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination Act of 1975, as amended (29
U.S.C. §§ 621, et seq.); and the Americans with Disabilities Act of 1990 (42 U.S.C. §§
12101, et seq.).
23. EQUAL EMPLOYMENT OPPORTUNITY:
23.1 The Subrecipient will not discriminate against any employee or applicant for employment
because of race, age, handicap, color, religion, sex, or national origin. The Subrecipient will
take affirmative action to insure that applicants are employed and that employees are treated
during employment without regard to their race, age, handicap, color, religion, sex, or
national origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
23.2 The Subrecipient shall to the extent such provisions apply, comply with Title VI and VII of
the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age Discrimination in
Employment Act; the Immigration Reform and Control Act of 1986 (IRCA) and Arizona
Executive Order 75-05 which mandates that all persons shall have equal access to
employment opportunities. The Subrecipient shall also comply with all applicable provisions
of the Americans with Disabilities Act of 1990.
23.3 The Subrecipient will operate under this agreement so that no person otherwise qualified is
denied employment or other benefits on the grounds of race, color, sex, religion, national
origin, ancestry, age physical or mental disability or sexual orientation except where a
particular occupation or position reasonably requires consideration of these attributes as an
essential qualification for the position.
24. RIGHT OF PARTIAL CANCELLATION:
If more than one service category is funded by this Agreement, the Department reserves the right to
terminate this Agreement or any part thereof based upon the Subrecipient's failure to perform any
part of this Agreement without impairing, invalidating or canceling the remaining service category
obligations.
25. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
25.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best
of his or her knowledge and belief that the Contractor, it’s current officers and directors;
25.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from being awarded any contract or grant by any United
States Department or Agency or any state, or local jurisdiction;
25.1.2 have not within three (3) year period preceding this Contract;
25.1.3 been convicted of fraud or any criminal offense in connection with obtaining,
attempting to obtain, or as the result of performing a government entity (Federal,
State or local) transaction or contract; and
Page 7 of 24

25.1.3.1 been convicted of violation of any Federal or State antitrust statues
or conviction for embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving stolen
property regarding a government entity transaction or contract;
25.1.3.2 are not presently indicted or criminally charged by a government
entity (Federal, State or local) with commission of any criminal
offenses in connection with obtaining, attempting to obtain, or as the
result of performing a government entity public (Federal, State or
local) transaction or contract; and are not presently facing any civil
charges from any governmental entity regarding obtaining,
attempting to obtain, or from performing any governmental entity
contract or other transaction; and have not within a three (3) year
period preceding this Contract had any public transaction (Federal,
State or local) terminated for cause or default.
25.1.3.3 If any of the above circumstances described in the paragraph are
applicable to the entity submitting a bid for this requirement, include
with your bid an explanation of the matter including any final
resolution.
25.2 The Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this Contract.
26. NON-APPROPRIATION OF FUNDS:
26.1 Notwithstanding any other provision in this Agreement, this Agreement may be terminated if
the Maricopa County Board of Supervisors does not appropriate sufficient monies for the
purpose of maintaining this Agreement.
27. RIGHT TO EXTEND AGREEMENT:
27.1 Subject to availability of funds and acceptable Subrecipient performance, the Subrecipient
hereby acknowledges and agrees that the Department shall have the right to extend this
Agreement for additional periods, not to exceed a total term of five (5) years, except that cost
will be subject to renegotiation. Any extension of Agreement period must be mutually
acceptable to the Department and the Subrecipient and signed by both parties in writing.
28. DISPUTES:
28.1 Except as otherwise provided by law, any dispute among the parties under this
Agreement shall be submitted to the Maricopa County Dispute Process as specified in the
Maricopa County Procurement Code Section MC1-906 which is hereby incorporated by
reference. The Subrecipient, as required by the federal grantor agency, also has grievance
procedures specific to Ryan White Part A Program funded services which, depending on the
nature of the dispute, may be invoked by interested parties.
29. CHANGES:
29.1 Department, with cause, by written order, may make changes within the general scope of this
Agreement in any one or more of the following areas:
29.1.1 Budget and Schedule of Deliverable(s) activities reflecting changes in the scope
Page 8 of 24

of services, funding source or Department regulations, policies or requirements
affecting future services
29.1.2 Administrative requirements such as changes in reporting periods, frequency of
reports, or report formats required by funding source or County regulations,
policies or requirements, and/or
29.1.3 Subrecipient fee schedules, reimbursement methodologies, and/or schedules,
and/or program budgets.
Examples of cause would include, but are not limited to: non-compliance, under
performance, service definition changes, reallocations from the Planning Council, or any
other reason deemed necessary by the Department.
29.2 Any dispute or disagreement caused by such written order shall constitute a "Dispute" within
the meaning of the Disputes Clause of the Special Provisions of this Agreement and be
administered accordingly.
30. AUDIT REQUIREMENTS:
30.1 The Subrecipient shall schedule an annual financial audit to be submitted to the Department
for review within twelve months following the close of the program’s fiscal year.
Subrecipient understands that failure to meet this requirement may result in loss of current
funding and disqualification from consideration for future County-administered funding.
30.2 The Subrecipient shall have and make available to Department financial policies and
procedures that guide selection of an auditor, based on an Audit Committee for Board of
Directors (if Subrecipient is a non-profit entity).
30.3 The Subrecipient agrees to comply with all applicable provisions of Title 2, Subtitle A,
Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST
PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in
Title 2 C.F.R. § 200 et seq.
31. SPECIAL REQUIREMENTS:
31.1 The Subrecipient shall adhere to all applicable requirements of the Ryan White HIV/AIDS
Treatment Extension Modernization Act of 2009 and/or current authorized or reauthorized
Ryan White HIV/AIDS Act, as included in this IGA.
31.2 The Subrecipient shall participate in provider technical assistance meetings and/or
teleconference calls that will be scheduled by the Department throughout the year.
31.3 The Subrecipient shall retain the necessary administrative, professional and technical
personnel for operation of the program.
31.4 The Subrecipient agrees to maintain adequate programmatic and fiscal records and files
including source documentation to support program activities and all expenditures made
under terms of this agreement as required.
31.5 Subrecipient agrees to install and utilize the CAREWare client level reporting software
system as described in the current Ryan White Part A Program Policies and Procedures
Manual. There are no licensing costs associated with the use of CAREWare; however, the
provider is required to pay for the costs related to installing and configuring internal firewall
devices to gain access to the CAREWare database. These expenses can be reimbursed by
Ryan White if included in the current approved budget.
32. RELEASE OF INFORMATION
32.1 The Subrecipient agrees to comply with ARS §36-662, access to records. In conducting an
Page 9 of 24

investigation of a reportable communicable disease the department of health services and
local health departments may inspect and copy medical or laboratory records in the
possession of or maintained by a health care provider or health care facility which are related
to the diagnosis, treatment and control of the specific communicable disease case reported.
Requests for records shall be made in writing by the appropriate officer of the department of
health services or local health department and shall specify the communicable disease case
and the patient under investigation.
33. CERTIFICATION OF CLIENT ELIGIBILITY:
33.1 The Subrecipient agrees to determine and certify for eligibility for all clients seeking services
supported by Ryan White funds, according to the requirements detailed in Eligibility section
of the current Ryan White Part A Program Policies and Procedures Manual.
33.2 The Subrecipient agrees to have billing, collection, co-pay and sliding fee policies and
procedures.
33.3 If the Subrecipient charges clients for services, the Subrecipient agrees to charge and
document client fees collected in accordance with their sliding fee schedule. This fee
schedule shall be consistent with current federal guidelines. This fee schedule must be
published and made available to the public. If charging fees, the Subrecipient must have a fee
discount policy, sliding fee schedule, and sliding fee eligibility applications. The
Subrecipient must track fees charged and paid by clients. The Subrecipient must have fee
discount policy that includes client fee caps, including:
33.3.1 Clear responsibility for annually evaluating clients to establish individual fees and
caps
33.3.2 Tracking of Part A charges or medical expenses inclusive of enrollment fees,
deductibles, and co-payments.
33.3.3 A process for alerting the billing system that client has reached cap and no further
charges will be charged for the remainder of the year.
33.3.4 Documentation of policies, fees, and implementation, including evidence that staff
understand those policies and procedures.
33.3.5 Subrecipient must have a process for charging, obtaining, and documenting client
charges.
34. QUALITY MANAGEMENT:
34.1 The Subrecipient will participate in the Quality Management program as detailed in the
current Ryan White Part A Program, Policies and Procedures Manual.
34.2 The Subrecipient will utilize and adhere to the most current HIV/AIDS Bureau Program
Monitoring Standards for Housing Services, which can be found at this link beginning at
page 33 – https://hab.hrsa.gov/sites/default/files/hab/Global/programmonitoringparta.pdf
34.3 The Subrecipient will develop and implement an agency-specific quality management plan
for Ryan White Part A-funded services. The Subrecipient will conduct Quality Improvement
projects at the agency level utilizing the Plan-Do-Study-Act (PDSA) model.
34.4 The Subrecipient will participate in Quality Improvement projects as requested by the
Department and report data per the timeline established with the Department. Additionally,
the Subrecipient will report quality outcome measures established by the Department per the
reporting schedule.
34.5 The Subrecipient will participate in the Quality Management activities of the Clinical Quality
Management Committee as requested by the Department.
34.6 The Subrecipient will conduct and provide documentation of quality assurance and
Page 10 of 24

improvement activities, including maintenance of client satisfaction surveys and other
mechanisms as designated by the Department.
34.7 The Subrecipient will maintain a comprehensive unduplicated client level database of all
eligible clients served as well as demographic and service measures required and submit this
information in the format and frequency as requested by the Department. The Department
will make available to the Subrecipient software for the collection of this information
(CAREWare).
34.8 Maintain consent to serve forms signed by the clients to gain permission to report their data
to County, State and Federal authorized entities and to view their records as a part of site
visits and quality management review activities.
34.9 The Subrecipient will participate in Quality Management trainings sponsored by the
Department which are deemed mandatory. The Subrecipient understands that non-
participation in these types of activities may result in non-compliance with the Standards of
Care as mandated by the Ryan White Act. Further, such non-participation in Quality
Management trainings could result in prompting a performance monitoring site visit.
35. REPORTING REQUIREMENTS:
35.1 The Subrecipient agrees to submit monthly invoices as defined in the Invoices and Payments
section of this agreement.
35.2 The Subrecipient agrees to submit any administrative, programmatic, Quality and/or fiscal
reports requested and at the due date defined by the Department.
35.3 The Subrecipient agrees to comply with and submit annual and semi-annual client-level and
provider-level data as required by HRSA by the due date(s) defined by the Department.
36. PROGRAM MARKETING INITIATIVES:
36.1 When issuing statements, press releases and/or Internet-based or printed documents
describing projects, programs and/or services funded in whole or in part with Ryan White
Part A funds, the Subrecipient shall clearly reference the funding source as the federal
Department of Health and Human Services, Health Resources and Services Administration,
the Ryan White HIV/AIDS Treatment Extension Act of 2009 (or current authorized or
reauthorized name of Act), and the Maricopa County, Ryan White Part A Program. Such
references to the funding source must be of sufficient size to be clear and legible.
36.2 Subrecipient is responsible for advertising Ryan White Part A, Program, funded services.
Such advertisement is to promote/incorporate the following components: Services available,
venues/locations, and hours of operation. The content of any and all advertising for these
services must be in a format allowed by Local, State and Federal regulations and shall
contain the funding language referenced in this section.
36.3 Subrecipient is responsible to ensure that all appropriate program descriptions, including
hours and locations, and any changes related to these services are disseminated to the
community and other Ryan White providers to ensure that clients have access to care. The
Subrecipient shall be able to document and explain this communication process to the
Department upon request.
37. POLICY ON CONFIDENTIALITY:
37.1 The Parties understand and agrees that this Agreement is subject to all State and Federal laws
protecting client confidentiality of medical, behavioral health and drug treatment
information.
37.2 The Parties shall establish and maintain written procedures and controls that ensure the
Page 11 of 24

confidentiality of client medical information and records.
37.3 The Subrecipient shall maintain and document employee and direct service provider training
on their organization’s policies and procedures related to client confidentiality.
37.4 In accordance with Section 318 (e) (5) of the Public Health Service Act [42 U.S.C. 247c (e)
(5)], no information obtained in connection with the examination, care or services provided
to any individual under any program which is being carried out with Federal monies shall,
without such individual’s consent, be disclosed except as may be necessary to provide
services to such individual or as may be required by laws of the State of Arizona or its
political subdivisions. Information derived from any such program may be disclosed (a) in
summary, statistical, or other form, or (b) for clinical research purposes, but only if the
identity of the individuals diagnosed or provided care under such program is not disclosed.
The Subrecipient shall comply with the provisions of A.R.S. § 36-663 concerning HIV-
related testing; restrictions; exceptions and A.R.S. § 36-664 concerning confidentiality;
exceptions, in providing services under this Agreement.
37.5 Confidential communicable disease related information may only be disclosed as permitted
by law, and only consistent with the current Ryan White Part A Program Policies and
Procedures found at this website - http://www.maricopa.gov/1887/Policies-Procedures.
38. EQUIPMENT (APPLICABLE TO ITEMS COSTING GREATER THAN $5,000):
38.1 All equipment and products purchased with grant funds should be American-made.
38.2 The title to any and all equipment acquired through the expenditure of funds received from
the Department shall remain that of the Department of Health and Human Services, Health
Resources and Services Administration. Department must specifically authorize the
acquisition of any such equipment, in advance. Upon termination of this Agreement, the
Department may determine the disposition of all such equipment.
38.3 The Subrecipient agrees to exercise reasonable control over all equipment purchased with
capital outlay expensed funds. All equipment lost, stolen, rendered unusable or no longer
required for program operation must be reported immediately to Department for disposition
instructions. The Subrecipient shall report the physical inventory of all equipment
purchased with agreement funds within sixty (60) days of receipt of such equipment to
the Ryan White Part A Program Administrative Offices.
39. LAWS, RULES AND REGULATIONS:
39.1 The Subrecipient understands and agrees that this Agreement is subject to all State and
Federal laws, rules and regulations that pertain hereto.
40. ANTI-KICKBACK REGULATIONS:
40.1 If the Subrecipient is a Medicare/Medicaid provider, it shall maintain a Corporate
Compliance Plan.
40.2 The Subrecipient shall maintain Personnel Policies, Code of Ethics or Standards of Conduct,
Bylaws and Board policies that include ethics standards or business conduct practices.
40.3 The Subrecipient shall maintain documentation of any employee or Board member violations
of Code of Ethics/Standards of Conduct, and complaints of violations and resolution. The
Subrecipient’s Code of Ethics/Standards of Conduct shall include:
40.3.1 Conflict of interest
40.3.2 Prohibition on use of provider property, information or position without approval
or advance personal interest
40.3.3 Fair dealing: Subrecipient engages in fair and open competition
Page 12 of 24

40.3.4 Confidentiality
40.3.5 Protection and use of company assets
40.3.6 Compliance with laws, rules, regulations
40.3.7 Timely and truthful disclosure of significant accounting deficiencies and non-
compliance
40.3.8 The Subrecipient shall have adequate policies and procedures to discourage
soliciting cash or in-kind payments for:
40.3.9 Awarding contracts
40.3.10 Referring clients
40.3.11 Purchasing goods of services
40.3.12 Submitting fraudulent billings
40.3.13 Hiring persons with a criminal record
40.3.14 Hiring persons being investigated by Medicare/Medicaid
40.3.15 Large signing bonuses
41. RESTRICTIONS ON USE OF FUNDS:
41.1 The Subrecipient shall not utilize funds made available under this Agreement to make
payments for any item or service to the extent that payment has been made, or can reasonably
be expected to be made, with respect to that item or service:
41.2 Under any State compensation program, under any insurance policy, or under any Federal,
State, or county health benefits program; or
41.3 By an entity that provides health services on a prepaid basis.
41.4 Funds shall not be used to purchase or improve (other than minor remodeling) any building
or other facility, or to make cash payments to intended recipients of services as referenced in
the A.R.S. § 41-2591, R2-7-701 and Code of Federal Regulations, Chapter 1, Subchapter e.,
Part 31, and Public Health Service Grants Policy Statement.
41.5 The federal Office of General Counsel and Department emphasize that Ryan White Act
funds may only support HIV-related needs of eligible individuals. All activities and
expenditures must reflect an explicit connection between any service supported with Ryan
White Act funds and the intended recipient’s HIV status.
41.6 Subrecipient is not authorized to provide services anonymously, unless specifically approved
for the service category in which the Subrecipient is providing services. All services must
only be provided to documented eligible clients as defined in this agreement.
41.7 Ryan White funds shall not be used to finance the services of lobbyists, fundraisers or
grant/proposal writers, nor to support lobbying, fundraising activities and/or the writing of
grant/contract proposals. The Subrecipient shall have personnel policies and an employee
orientation manual that include regulations that forbid using federal funds to lobby Congress
or other Federal personnel.
41.8 The Ryan White Act limits the administrative expenses to not more than 10% of the total
grant award The Act defines allowable “administrative activities” to include:
41.8.1 Usual and recognized overhead, including established indirect rates for agencies;
41.8.2 Management and oversight of specific programs funded under this title; and
41.8.3 Other types of program support such as quality assurance, quality control, and
related activities.”
42. CULTURAL COMPETENCY:
42.1 The Subrecipient will provide culturally competent services to a diverse population.
42.2 The Subrecipient shall recognize linguistic subgroups and provide assistance in overcoming
Page 13 of 24

language barriers by the appropriate inclusion of American Sign Language and languages of
clients accessing care.
43. IMPROPRIETIES AND FRAUD:
43.1 The Subrecipient shall notify Department in writing of any actual or suspected incidences of
improprieties involving the expenditure of Ryan White Act funds or delivery of services.
This will include when potential or current clients receive services, or attempt to receive
services, for which they are ineligible. Notification is also required whenever acts of
indiscretion are committed by employees that may be unlawful or in violation of this
agreement. Notification to Department shall occur in writing within 24 hours of detection.
43.2 The Federal Department of HHS Inspector General maintains a toll-free hotline for
receiving information concerning fraud, waste, or abuse under grants and cooperative
agreements. Such reports are kept confidential and callers may decline to give their names
if they choose to remain anonymous.
Office of Inspector General
TIPS HOTLINE P. 0. Box 23489
Washington, D. C. 20026
Telephone: 1-800-447-8477 (1-880-HHS-TIPS)
44. ADHERENCE TO RYAN WHITE PROGRAM POLICIES:
44.1 Subrecipient shall adhere to all Ryan White Part A Program Policies. Such policies are
available on the Ryan White Part A Program website at
http://www.maricopa.gov/1887/Policies-Procedures.
45. REFERRAL RELATIONSHIPS:
45.1 Subrecipients must have documented evidence to substantiate referral relationships on an
ongoing basis consistent with HRSA guidance regarding “Maintaining Appropriate Referral
Relationships” available from the Department upon request.
45.2 The Subrecipient shall have letters of agreement and Memorandums of Understanding
(MOUs) to document referral relationships with key points of entry. Key points of entry
include:
45.2.1 Emergency rooms
45.2.2 Substance abuse and mental health treatment programs
45.2.3 Detox(ification) centers
45.2.4 Detention facilities
45.2.5 Sexually Transmitted Disease (STD) Clinics
45.2.6 Homeless shelters
45.2.7 HIV counseling and testing sites
45.3 Additional points of entry:
45.3.1 Public health departments
45.3.2 Health care points of entry specified by eligible areas
45.3.3 Federally Qualified Healthcare Centers (FQHCs)
45.3.4 Entities such as Ryan White Part C and D grantees
46. OTHER REQUIREMENTS:
46.1 Subrecipient shall comply with all policies and procedures as defined in the current Ryan
Page 14 of 24

White Part A Program Policies and Procedures.
46.2 Subrecipient shall respond to all requests for information and documentation solicited by
Department when they are submitted within five days of request.
46.3 Subrecipient’s service locations shall be accessible by public transportation. If service
locations are not accessible by public transportation, the Subrecipient shall have policies and
procedures in place that describe how it will provide transportation assistance to clients.
46.4 Subrecipients providing Medicaid eligible services shall be certified to receive Medicaid
payments, or receive a waiver from the U.S. Secretary of Health and Human Services. The
Subrecipient shall document efforts to receive certification or waiver, and when certified,
maintain proof of certification and file of contracts with Medicaid insurance companies.
47. TASK ORDERS:
47.1 Subrecipient shall not perform a task other than those found/defined in the agreement award
document. Task Orders may be issued by the Administrator of this agreement. Task Orders
will be communicated via written document and shall include, but is not limited to: budget
amount, reference to special conditions of award, and/or any special service and reporting
requirements. Amended Task Orders can be issued at any time during the grant year. Both
parties shall sign new or amended Task Order.
48. COMPENSATION:
48.1 The Department reserves the right to reallocate funding during the agreement period so that
the services provided and corresponding agreement amount may be decreased or increased,
via an amendment or Task Order, at the discretion of the Department.
48.2 Department will pay the Subrecipient on a monthly basis for approved services and expenses
and in accordance with the reimbursement methodology determined by the Department’s
Administrative Agent; either fee-for service or cost. The total funds paid to the Subrecipient
will be dependent upon the approved invoice according to the Department. Department does
not guarantee a minimum payment to the Subrecipient. Department will not reimburse for
fee-for-service activities when an appointment is canceled either by the client or
Subrecipient.
48.3 The Subrecipient understands and agrees to notify the Department of any deviations or
changes to any budget line of the current budget in place for this agreement within 30 days of
such change.
48.4 The Subrecipient shall be compensated for services provided only by the staff
classifications/positions included/referenced in the current approved budget.
48.5 Unless specifically allowed and referenced elsewhere in this agreement, all services are to be
provided at approved Subrecipient sites and/or venues. Services provided at non-authorized
locations or venues will not be reimbursed by the Department.
48.6 The Subrecipient shall provide monthly financial and corresponding programmatic reports
per the reporting schedule to the Department. If the Subrecipient is not in compliance due to
non-performance, submission of reports after deadlines, insufficient back-up statements or
improperly completed forms, the Subrecipient may not be reimbursed or reimbursement may
be delayed until program compliance issues and any other related financial consequences are
resolved. Furthermore, instances of non-compliance with billing and reporting requirements
may result in the Department reducing the Subrecipient’s reimbursement by up to 10% of the
corresponding month’s billing. Billing forms and instructions are included in the current
Ryan White Part A Program Policies and Procedures Manual.
Page 15 of 24

49. INVOICES AND PAYMENTS:
49.1 The actual amount of consideration to be paid to the Subrecipient depends upon the actual
hours worked; services provided and related expenses as stated in the current approved
budget and Work Plan or as modified by an amendment or appropriately executed task order.
Any unobligated balance of funds at the end of this Agreement period will be returned to the
Department in accordance with instructions to be provided.
49.2 The Subrecipient shall submit electronically to the Department one (1) legible copy of their
detailed monthly invoice before payment(s) can be made.
49.3 Subrecipient will submit the invoice packet for services every within 60 days of the end of
the month in which services were performed.
49.4 The invoice must include the requirements as outlined at the following website
https://www.maricopa.gov/1898/Billing
49.5 Subrecipients providing medical services are required to utilize HCF-1500, UB-92 or other
standardized medical claim forms as agreed to with the Department, and to submit these to
the Ryan White Part A Program in addition to the other required invoice reports and forms.
50. METHOD OF PAYMENT:
50.1 Subject to the availability of funds, Department will, within sixty (60) business days from the
date of receipt of the documents enumerated herein, process and remit to the Subrecipient a
warrant for payment up to the maximum total allowable for services provided or work
performed during the previous month. Payment may be delayed or reduced if invoices are in
non-compliance due to late submission, improperly completed or missing
documentation/information or for other contract or agreement non-compliance occurring in
the related grant year. Other non-compliance issues that may delay or reduce payments can
be related to any contractual issue, and may not necessarily be related to the bill itself.
Should Department make a disallowance in the claim, the claim shall be processed for the
reduced amount. If the Subrecipient protests the amount or the reason for a disallowance, the
protest shall be construed as a dispute concerning a question of fact within the meaning of the
"Disputes" clause of this Agreement.
50.2 The Subrecipient understands and agrees that Department will not honor any claim for
payment submitted sixty (60) calendar days after date of service. The Subrecipient
understands and agrees that Department will not process any claim for payment for services
rendered prior to the end of the agreement period which are submitted sixty (60) calendar
days after the end of the agreement period without approval of Department. For claims that
are subject to AHCCCS Regulation R9-22703.B1, Department will not honor any claim for
payment submitted nine months after date of service. Claims submitted 45 calendar days
from the last day of the grant year will not be honored or reimbursed.
50.3 Payments made by Department to the Subrecipient are conditioned upon the timely receipt of
applicable, accurate and complete invoice reports and forms submitted by the Subrecipient.
All monthly invoices must be supported by auditable documentation, which is determined to
be sufficient, competent evidential matter defined by the Department.
50.4 If applicable, the Subrecipient understands and agrees that Ryan White Part A is the payer of
last resort, and shall maximize and monitor all other revenue streams including self-pay and
all sources of third party reimbursements. The Subrecipient understands and agrees that all
self-pay and third party payments must be exhausted to offset program costs before Ryan
White funds are used. The Subrecipient must have policies and procedures documented and
in place to determine and bill these other potential payment sources. These third party payers
include but are not limited to Regional Behavioral Health Authority (RBHA), Medicaid
Page 16 of 24

(Arizona Health Care Cost Containment Services/AHCCCS), Arizona Long Term Care
System (ALTCS), TRICARE, Medicare and private/commercial or other insurance. The
Subrecipient will determine eligibility of clients and assist with client enrollment whenever
feasible.
50.5 Payments collected by the Subrecipient for Ryan White services must be recorded as
Program Income in the Subrecipient’s financial management system and deducted from bills
issued to the Department. Program income records must be made available to the Department
for assurance that such revenues are used to support related services. The Subrecipient shall
have policies and procedures for handling Ryan White revenue including program income.
50.6 The Subrecipient shall have policies and staff training on the payer of last resort requirement
and how it meets that requirement.
50.7 Payment shall be made to the Subrecipient by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Subrecipient shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(https://azdom-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService).
50.8 EFT payments to the routing and account numbers designated by the Subrecipient will
include the details on the specific invoices that the payment covers. The Subrecipient is
required to discuss remittance delivery capabilities with their designated financial institution
for access to those details.
51. BUDGET, REVENUES AND EXPENDITURES:
51.1 The Subrecipient shall have written fiscal and general policies and procedures that include
compliance with federal and Ryan White programmatic requirements.
51.2 The Subrecipient shall prepare and submit to Department a budget and Work Plan using the
current Ryan White Part A-approved formats at the beginning of each grant year in
accordance with the stated funds allocated on the most recently issued task order. If the task
order is increased or decreased at any time throughout the duration of the grant year, a
revised budget and Work Plan may be required.
51.3 The total administrative costs budgeted; including any approved indirect rate (inclusive of
Subrecipient and Subrecipient(s)) cannot exceed 10% of the amount of the expenses for
service(s) provided. Any amount of administrative costs in excess of 10% will be reimbursed
to the Department.
51.4 Subrecipient agrees that all expenditures are in accordance with the current approved budget.
Any expenditure deemed unallowable by the Department is subject to the Subrecipient
submitting a full reimbursement to the Department.
51.5 Subrecipient agrees to establish and maintain a Financial Management System that is in
accordance with the standards required by Federal OMB Circular A-110, Subpart C. Such
system must also account for both direct and indirect cost transactions, reports on the results
of those transactions, are in compliance with the requirements of OMB Circular A-21 and
generally accepted accounting principles.
51.6 All expenditures and encumbered funds shall be final and reconciled no later than 45 days
after the close of the grant year.
51.7 Funds collected by the Subrecipient in the form of fees, charges, and/or donations for the
delivery of the services provided for herein shall be accounted for separately. Such fees,
charges and/or donations must be used for providing additional services or to defray the costs
of providing these services consistent with the Work Plan of this Agreement. As applicable,
the Subrecipient agrees to include, in the underlying budget, the amount of projected revenue
Page 17 of 24

from client fees. The amount of funds collected from client fees shall be reported by
Subrecipient in the Monthly invoice by discrete service. For audit purposes, the Subrecipient
is responsible for maintaining necessary documentation to support provision of services.
52. SERVICE CATEGORY:
Housing Services
52.1 Definition: The United States Department of Health and Human Services, Health Resources
and Services Administration (HRSA), HIV/AIDS Bureau (HAP) defines the support for
Housing Services that involve provision of short-term assistance to support emergency,
temporary or transitional housing to enable an individual or family to gain or maintain
medical care.
Funds received under the Ryan White HIV/AIDS Program may be used for the following
expenditures:
52.1.1 Housing referral services defined as assessment, search, placement, and advocacy
services must be provided by case manager or other professional(s) who possess a
comprehensive knowledge of local, state, and federal housing programs and how
these programs can be accessed; or
52.1.2 Short-term or emergency housing defined as necessary to gain or maintain access
to medical care and must be related to either –
52.1.3 Housing services that include some type of medical or support service: including,
but not limited to, residential substance treatment or mental health services (not
including facilities classified as an Institution for Mental Diseases under
Medicaid), residential foster care, and assisted living residential services; or
52.1.4 Housing services that do not provide direct medical or supportive services, but are
essential for an individual or family to gain or maintain access and compliance
with HIV-related medical care and treatment; necessity of housing services for
purposes of medical care must be certified or documented.
52.1.5 Recipient must develop mechanisms to allow newly identified clients access to
housing services.
52.1.6 Short-term or emergency assistance is understood as transitional in nature and for
the purposes of moving or maintaining an individual or family in a long-term,
stable living situation. Thus, such assistance cannot be permanent and must be
accompanied by a strategy to identify, relocate, and/or ensure the individual or
family is moved to, or capable of maintaining, a long-term stable living situation.
52.1.7 Housing funds cannot be in the form of direct cash payments to recipients or
services and cannot be used for mortgage payments.
53. SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTEBLOWER RIGHTS:
53.1 The Parties agree that this Contract and employees working on the Contract will be subject to
the whistleblower rights and remedies in the pilot program on Subrecipient employee
whistleblower protection established at 41 U.S.C. § 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of the
Federal Acquisition Regulation;
53.2 Subrecipient shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
describes in section 3.908 of the Federal Acquisition Regulation. Documentation of such
Page 18 of 24

employee notification must be kept on file by Subrecipient and copies provided to County
upon request; and
53.3 Subrecipient shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
54. MUTUAL INDEMNIFICATION:
54.1 To the extent permitted by law and notwithstanding any liability insurance or other
conditions of this Agreement, each party (as "Indemnitor") agrees to indemnify, defend,
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, agents, employees, volunteers and
contractors.
55. INSURANCE
55.1 The Parties acknowledge that they are self-insured pursuant to statutory authority. The
Parties agree that the general liability coverage afforded by the self-insurance programs is
sufficient to meet the purposes of this Agreement.
56. CONFLICTS:
56.1 This Agreement is subject to Arizona Revised Statutes Section 38-511, which provides for
cancellation if any person involved in the negotiation of the Agreement gains inappropriate
benefit from this Agreement.
57. VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401:
57.1 The Parties warrant compliance with all Federal immigration laws and regulations relating to
employees and warrants its compliance with A.R.S §23-214, Subsection A. (That subsection
reads in part: "After December 31, 2007, every employer, after hiring an employee, shall
verify the employment eligibility of the employee through the e-verify program.")
58. NOTICES:
58.1 Any notice required or permitted to be given pursuant to the provisions of the Agreement
shall be given in writing, and either delivered in person or deposited in the United States
mail, postage pre-paid, registered or certified mail, return receipt requested, and properly
addressed to the following addresses:
City of Phoenix
Housing Department
251 W. Washington Street, 4th Floor
Phoenix, AZ 85003
Attn: Development Deputy Director
59. FORCE MAJEURE:
59.1 No liability will result from the delay in performance or nonperformance caused by force
majeure or circumstances beyond the reasonable control of the Party affected, including, but
not limited to, acts of God, fire, flood, substantial snowstorm, war, terrorism, embargo, any
United States or foreign government regulation, direction or request, accident, strike or other
labor dispute or labor trouble, or any failure or delay of any transportation, power or
Page 19 of 24

communications system or any other or similar cause beyond that Party’s reasonable control.
59.2 The Party which is so prevented from performing will give prompt notice to the other Party
of the occurrence of such event of force majeure, the expected duration of such condition and
the steps which it is taking to correct such condition. This Agreement may be terminated by
either Party by written notice upon the occurrence of such event of force majeure which
results in a delay of performance hereunder exceeding thirty (30) days.
60. ASSIGNMENT:
60.1 Neither Party will assign or transfer any interest in this Agreement without the prior written
approval of the other Party. Any attempted assignment in violation of this provision will be
null and void. Subject to the foregoing, this Agreement will be binding upon the permitted
successors and permitted assigns or other permitted transferees of the Parties.
61. NO THIRD PARTY BENEFICIARIES:
61.1 Nothing in this Agreement, express or implied, is intended or will be construed to confer
upon any person or entity, other than the Parties and their respective successors and assigns
permitted by this Agreement, any right, remedy or claim under or by reason of this
Agreement.
62. EXHIBITS INCORPORATED BY REFERENCE:
62.1 Scope of Work
62.2 Business Associate Agreement
62.3 CAREWare User Agreement
62.4 City of Phoenix HOPWA Policies and Procedures
62.5 Budget
[SIGNATURES ON FOLLOWING PAGE]
Page 20 of 24

IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental Agreement to be executed
by their duly authorized representatives:
CITY OF PHOENIX, a municipal corporation MARICOPA COUNTY, RYAN WHITE
PART A PROGRAM
Ed Zuercher, City Manager
By:___________________________________
By:____________________________________
Rose Conner, Program Manager
Cindy Stotler, Housing Department Director
Date: ____________________
Date: ____________________
ATTEST:
By: _________________________
City Clerk
IGA DETERMINATION - CITY
This IGA, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by
the undersigned, who has determined that it is in the proper form and is within the power and authority granted
under the laws of the State of Arizona to those parties to the Agreement represented by the City Attorney.
APPROVED AS TO FORM:
_____________________________
Acting City Attorney
IGA DETERMINATION - COUNTY
This IGA, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by
the undersigned, who has determined that it is in the proper form and is within the power and authority granted
under the laws of the State of Arizona to those parties to the Agreement represented by the County Attorney.
APPROVED AS TO FORM:
____________________________
Deputy County Counsel
Page 21 of 24

EXHIBIT A - SCOPE OF WORK
The City of Phoenix Housing Department (“Subrecipient” of Ryan White Part A) will administer funds,
provided through Ryan White Part B Rebate funding, to sub-contract agencies to deliver the agreed upon
services. These services may include transitional housing, housing assessments, referrals and advocacy.
Funding is available for Scattered Site Master Leasing or nonprofit-owned housing/units; operations and short-
term hotel/motel stays; housing assessments, referrals and advocacy for Persons Living with HIV/AIDS
(PLWHA) and their families.
All sub-contracted services have the primary purpose to support clients’ ability to maintain medical care; stable
housing and increase self-sufficiency.
The Subrecipient will ensure–
1. Sub-contracted agencies and staff are skilled, trained and educated with the administration of
HIV/AIDS services.
2. MOU’s and policies and procedures for services being rendered by the sub-contracted agencies are in
effect.
3. Services provided by subcontractors will be performed in accordance with Project HHHOME
requirements.
Housing Screening, Referrals and Advocacy Services
This service should provide a one-stop housing resource for PLWHA for 1) Project HHHOME screening and
waitlist placement 2) Permanent housing referrals and waitlist placement 3) Advocacy.
The Subrecipient will provide for the following services:
1. Complete initial screening for the Project HHHOME program using the approved assessment tool;
2. Compile the initial Project HHHOME waitlist and complete future screenings as needed to allow
additional clients to be added to the waitlist;
3. Assess the housing needs and preferences of PLWHA and their families, including current and desired
geographic area of residence, number of persons and ages in the family, income, special housing
needs, medical and social service needs, proximity to medical and social services, and other relevant
information to ensure clients are placed on most applicable permanent housing waiting lists;
4. Complete progress notes for each client and third party contact and enter data into CAREWare as
required;
5. Maintain an updated list of permanent housing programs for client placement and continue to develop
relations with housing partners to increase housing options for clients;
6. Investigate client complaints and attempt to resolve them in fair way;
7. Provide dispute resolution assistance when requested by a contracted agency, at no cost to the client;
8. Provide residents with problem solving; landlord tenant education; advocacy as appropriate, or other
applicable information to resolve any housing issues;
9. Will follow up with client to ensure all issues have been resolved;
10. Inform case managers of ongoing housing issues;
11. Contact must be made with all new PLWHA who move into Project HHHOME contracted housing
facilities to provide education on the role of an advocate;
12. Staff will be notified of any pending eviction to allow advocacy and dispute resolution services to be
provided on behalf of the PLWHA, prior to eviction;
13. Staff will, collaboratively with the client, create a case plan for future stability.
Page 22 of 24

Housing Programs
1. Waitlist Management
1.1 The sub-contracted agency is responsible for managing the transitional housing waitlist once
clients have been initially screened by a different identified subcontractor.
2. Housing Quality Standards
2.1 The Subrecipient will maintain the units in accordance with the Housing Quality Standards set
forth in 24 C.F.R. § 574.310(b) and all applicable local building, plumbing and electrical codes,
rehabilitation standards, environmental regulations, the City of Phoenix Neighborhood
Preservation Ordinance, zoning ordinance, and other ordinances.
3. Rental Rate
3.1 The rental rates for the units must comply with the requirements of 24 C.F.R. § 574.320(a)(1)(2)
and (3), which requires compliance with 24 C.F.R. § 574.310(d). Any person or family residing
in any rental housing assisted under this Agreement must pay as rent, including utilities, an
amount equal to the greater of:
3.1.1 Thirty (30%) percent of the monthly household adjusted income (adjustment factors
include the age of the individual, medical expenses, size of family and child care
expenses, and are described in detail in 24 CFR §574.310 and 24 CFR § 574.320); or
3.1.2 10 percent of the family’s monthly gross income;
3.1.3 The portion of the welfare assistance designated specifically for housing.
4. Annual Review of Rents and Income Verification
4.1 The Subrecipient will reexamine family income; composition and rents for housing assisted
under this Agreement annually in accordance with 24 C.F.R. § 5.617
5. While housed, the Subrecipient’s support staff or equivalent must provide the PLWHA with the
following assistance to ensure stability and to prepare the PLWHA for a successful exit in the future:
5.1 Transitional housing should assist PLWHA in becoming self-sufficient and acquiring stable
housing which could include acquiring, financing, and/or maintaining permanent housing;
5.2 Conducting a housing needs assessment; income assessment and verification;
5.3 Developing a housing plan within 30 days of move-in to assist the client in securing permanent
affordable housing or other appropriate housing (as necessary) to eventually achieve the greatest
level of self- sufficiency possible;
5.4 Developing a housing plan within 7 days of a Short-Term Supported Housing stay in a
hotel/motel. This housing plan must address the need to have more secure housing to move into
at the end of the stay. Such short-term housing cannot exceed 60 days;
5.5 Agency must provide accessible housing and services for persons with disabilities, including
those with service and support animals;
5.6 Assistance with acquisition of health care; mental health counseling; substance abuse counseling;
benefits counseling, and transportation;
5.7 Staff will refer client’s to and collaborate with the Project HHHOME funded staff housed at Care
Directions;
5.8 Housing location services, as necessary that include helping the client find appropriate program
exit housing. This should include assisting the client with making contacts with property owners
Page 23 of 24

and management companies for available housing; developing housing availability resource lists;
calling media ads (newspapers, website ads, etc.);
5.9 Negotiating on behalf of the client; developing expertise in affordable housing and available
housing subsidies available, etc.;
5.10 Assistance with rental applications, Section 8 or other subsidy applications;
5.11 Helping clients to maintain their housing by educating them on compliance with tenant
obligations, budgeting, leases and rental agreements, interpersonal skills to interact successfully
with property managers and neighbors;
5.12 Provision of or linkage to specialized housing services i.e. Employment Training, Housing
Advocate, Fair Housing information, life skills, personal financial management, landlord/tenant
training or other specialized trainings that will assist the client in obtaining and maintaining
permanent, independent housing;
5.13 Special needs of transsexual and transgender clients should be considered before placement out
of transitional housing;
5.14 Coordination with moving services (i.e., help locating affordable moving companies, locating
storage, etc.);
5.15 Provision of or linkage to guidance in regulations and application requirements for benefits
including Social Security; Supplemental Security Income (SSI); Social Security Disability
Insurance (SSDI); Temporary Assistance for Needy Families (TANF) and other financial
benefits. Ensure referrals to the Housing Advocate are made to assist with these application
processes when needed;
5.16 All client and third party contacts are to be documented and required data must be entered into
CAREWare.
6. Tenant Selection
6.1 All of the units will be rented to, and occupied by, eligible families only. The Subrecipient will
have adopted written tenant selection policies and criteria that: (a) are consistent with the
purpose of providing supportive housing for low-income persons with AIDS and their families,
under the Project HHHOME program; (b) are reasonably related to eligibility under the Project
HHHOME program and the applicant's ability to perform the obligations of the lease; and (c)
provide for (i) the selection of tenants from the Project HHHOME written waiting lists in the
chronological order of placement on the waiting list, insofar as is practicable, and (ii) the prompt
written notification to any rejected applicant explaining for rejection.
Page 24 of 24