LODESTAR DAY RESOURCE CENTER AGREEMENT.PDF

CONTRACT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
LODESTAR DAY RESOURCE CENTER
- 7Z- /5'063- 3-00
1.0 PARTIES
This Contract is a financial agreement between Lodestar Day Resource Center (LDRC), a non-
profit, community based organization (hereafter referred to as "LDRC") and Maricopa County
administered by its Human Services Department, (collectively referred to as the "County") for
assessment, service coordination, and overnight accommodations for homeless individuals at
the Human Services Campus ("Campus"). LDRC and the County are collectively referred to
herein as the "Parties" and individually as "Party."
Maricopa County is authorized to enter into this Contract under A.R.S. §§ 11-201 et seq. and
11-254.04.
2.0 PURPOSE
The purpose for the Contract is:
2.1 To engage, assess, assist, coordinate services, and provide safe overnight
accommodations to homeless men and women ("clients") unable to obtain formal shelter
or housing;
2.2 To utilize the LDRC Facility and other available buildings (the "overflow facilities")
located on, or near the Human Services Campus (the "Campus"), or other settings, for
temporary indoor, or outdoor if necessary, accommodations for clients;
2.3 Achieve the following goals:
2.3.1 Reduce length of stay in LDRC and other facilities;
2.3.2 Increase the percentage of clients assessed through the coordinated access
entry process and on housing/service priority lists;
2.3.3 Reduce overall homeless numbers in Campus environment;
2.3.4 Reduce recidivism from LDRC and system;
2.3.5 Maintain and/or reduce unsheltered numbers in surrounding areas; and
2.3.6 Cooperate with other community based agencies on the Human Services
Campus to provide housing placement services.
2.4 This Contract outlines the responsibilities of the parties to provide services and
temporary safe and secure shelter for an estimated 400 clients nightly on the average.
3.0 LIFE OF THE CONTRACT
3.1 This Contract shall be effective April 15, 2015 and will expire on November 15, 2015.
3.2 This Contract is subject to the provisions of A.R.S. § 38-511. Pursuant to A.R.S. §38-
511, the County or any or agency of the County may, within three years after its
execution, cancel any contract, without penalty or further obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract
on behalf of the state, its political subdivisions or any of the departments or agencies of
either is, at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party to the contract in any capacity or a consultant to
any other party of the contract with respect to the subject matter of the contract. A
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cancellation made pursuant to this provision shall be effective when either party receives
written notice of the cancellation unless the notice specifies a later time.
3.3 Either party may terminate this Contract at any time, with sixty (60) days' notice in writing
to the other party (unless terminated by the Board of Supervisors pursuant to the
availability of funds provision set forth in below in 6.0). Such notice shall be given by
personal delivery or by Registered or Certified mail.
3.4 This Contract may be terminated by mutual written agreement of the parties specifying
the termination date therein.
4.0 AGREEMENT RENEWAL
This Contract may be extended by a written amendment for one year, or portions thereof, with the
agreement of the parties.
5.0 FUNDING
The County will pay LDRC $302,892 in return for the services provided under this contract. The
attached itemized service budget describes the proposed amount of funding available by
category. LDRC may transfer 10% of budget line item to maximize services levels and to
achieve the purpose of this agreement without County approval. Transfers of funding in excess
of 10% of any budgetary item are allowable only with prior approval by the County.
6.0 AVAILABILITY OF FUNDS
Should County determine that funds are not available for continuing the services; the County
may cancel this Contract. Every performance of the parties under this Agreement is conditioned
upon the availability of funds appropriated or allocated or granted for performance. If funds are
not available for the continuance of this Agreement, this Agreement may be terminated by the
either party at the end of the period for which funds are available. No liability shall accrue to
either party in the event of termination, and neither party shall be obligated or liable for any
future performance, payments or for any damages as a result of termination under this
paragraph.
7.0 AMENDMENTS:
Except as provided by paragraph 5.0 above, any change to this Contract shall be in writing and
signed by both parties.
8.0 RESPONSIBILITIES OF ORGANIZATIONS
8.1 Beginning May 15, 2015 LDRC will be responsible for:
8.1.1 Providing facility space to provide shelter to clients in the LDRC Facility and
through agreements with other organizations on the Human Services Campus or
at other locations:
8.1.1.1 Resource Center room is the primary temporary shelter for an estimated
160 clients in the main day room. Additional rooms may be necessary as
deemed appropriate and safe by LDRC staff and security;
8.1.1.2 Additional Indoor sleeping accommodations for an estimated 100 clients;
8.1.1.3 Use of Human Services Campus outdoor common areas for clients
unable to utilize indoor sleeping arrangements; and
8.1.1.4 Additional facilities or outdoor areas as necessary to serve clients and
deemed appropriate and safe by LDRC staff.
8.1.2 Hours of Operation. LDRC will ensure that the services and accommodations
resources are available to all clients unless they present a danger to themselves
or others.
8.1.2.1 The indoor and outdoor sleeping arrangements will be open and available
daily from 6:30 PM to 6:00 AM.
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8.1.2.2 The Welcome Center will be open from daily 6:00 AM to 9:00 PM for
intake, assessment, and service coordination based on funding
availability.
8.1.2.3 Services to a specific client may only be denied for the safety of the
individual or other clients.
8.1.2.4 Shelter service will be coordinated with housing programs and initiatives
to reduce overall client numbers.
8.1.3 Staffing. LDRC will ensure that the overnight accommodations are properly
staffed and deployed by providing:
8.1.3.1 One program manager;
8.1.3.2 At least four (4) staff on duty at all times including one shift leader and
three additional staff to allow for two staff in each facility used when
necessary to ensure client safety; and
8.1.3.3 LDRC will ensure that all staff are appropriately trained.
8.1.4 Safety. LDRC will ensure the safety of clients by establishing and enforcing
written Rules and Policies, approved by the County and Arizona Department of
Housing, that include, but are not limited to:
8.1.4.1 No weapons inside the overflow facilities;
8.1.4.2 No drug or alcohol allowed inside the overflow facilities;
8.1.4.3 No violence or serious threats towards clients or staff;
8.1.4.4 Check-in procedures;
8.1.4.5 Limitations on exit and return;
8.1.4.6 All rules will be consistent with current Campus rules;
8.1.4.7 Ability to revoke clients' access to the facilities or Campus for violence or
other repeated violation of rules; and
8.1.4.8 Procedures for excessive weather relief.
8.1.5 Storage of Personal Belongings. LDRC will provide storage for clients'
personal possessions at the Campus Bag and Tag.
8.1.5.1 LDRC will maintain a Campus bag and tag storage for clients.
8.1.5.2 Bag and tag service will be open daily from 6:00 AM to 9:00 AM in the
morning and from 5:00 PM to 8:00 PM in the evening.
8.1.5.3 Upon check-in to the Campus, LDRC will bag, tag personal belongings for
clients during the allotted hours and store those belongings.
8.1.6 Service coordination and Communication. LDRC will provide service
coordination for all clients to:
8.1.6.1 Arrange access to Emergency Medical Technicians and Case
Management; and
8.1.6.2 Regularly communicate with other Campus service providers,
neighborhood associations, and other community groups.
8.1.7 Identification. To meet the service coordination goals, LDRC will check clients
into the Homeless Management Information System (HMIS). HMIS will be used
to ensure all clients identified.
8.2 LDRC Data Collection and Reports:
8.2.1 Beginning May 16, 2015, LDRC will provide the following report(s):
8.2.1.1 Nightly occupancy report of total number of individuals served:
8.2.1.1.1 Number of males and females using indoor and outdoor areas;
and
8.2.1.1.2 Incident reports.
8.2.2 Beginning June 15, 2015, LDRC will provide the following report(s):
8.2.2.1 Demographics of clients served in the prior month:
8.2.2.1.1 Gender, age, race/ethnicity, chronically homeless status,
veterans, and disability.
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8.2.2.2 Number of new clients (e.g. clients entered into HMIS for the first time)
served in the prior month; and
8.2.2.2.1 Those new clients who were released from incarceration.
8.2.2.3 Unduplicated counts of the number of clients during the prior month:
8.2.2.3.1 Through the Welcome Center;
8.2.2.3.2 Assessed;
8.2.2.3.3 Scores of assessments;
8.2.2.3.4 Using overnight accommodations by facility or location,(1.e.
LDRC, other provider facility or outside area); and
8.2.2.3.5 Average length of stay in LDRC facility and overflow facilities.
9.0 LOCATIONS WHERE SERVICES WILL BE PROVIDED
Lodestar Day Resource Center (LDRC) (do Human Services Campus)
1125W. Jackson
Phoenix, AZ 85007
10.0 NOTICES:
Communication and details concerning this Contract shall be directed to the following contract
representatives:
Maricopa County Human Services Department: LDRC:
Bruce Liggett, Director David Bridge, Director
Maricopa County Human Services Department Lodestar Day Resource Center
234 N. Central, Suite 3000 1125 W. Jackson
Phoenix, AZ 85004 Phoenix, AZ 85007
602-506-0066 602-223-3419
liggettb@mail.maricopa.gov dbridge@hsc-az.org
11.0 EMPLOYMENT DISCLAIMER
11.1 This Contract is not intended to constitute, create, give rise to, or otherwise recognize a
joint venture agreement, partnership or other formal business association or organization
of any kind, and the rights and obligations of the parties shall be only those expressly set
forth in this Contract.
11.2 The parties agree that no individual performing under this Contract on behalf of the
LDRC is to be considered a County employee, and that no rights of County civil service,
County retirement, or County personnel rules shall accrue to such individual. The
Contractors shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workman's compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such clients and shall save and hold the County
harmless with respect thereto.
12.0 SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any party of any information concerning an applicant for, or recipient of,
service under this Contract is directly limited to the conduct of this Contract. LDRC and its agents
shall safeguard the confidentiality of this information, just as it would safeguard its own
confidential information. LDRC shall include a clause to this effect in all subcontracts.
13.0 GENERAL INDEMNIFICATION
13.1 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 attorneys' fees) (hereinafter collectively referred to as
"Claims") arising out of bodily injury (including death) of any person or property damage,
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but only to the extent that such Claims which result in vicarious/derivative liability to the
lndemnitee, are caused by the act, omission, negligence, misconduct, or other fault of
the Indemnitor, its officers, officials, agents, employees, or volunteers.
14.0 INSURANCE
14.1 LDRC, at LDRC's own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of
Arizona and possessing a current A.M. Best, Inc. rating of 13-1-+. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided
that said insurance companies meet the approval of County. The form of any
insurance policies and forms must be acceptable to County.
14.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, •at the sole discretion of
County, constitute a material breach of this Contract.
14.3 Contractor's insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
14.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County's right to coverage
afforded under the insurance policies.
14.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
14.6 The insurance policies required by this Contract, except Workers' Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials and employees as Additional Insureds.
14.7 The policies required hereunder, except Workers' Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor's work or service.
14.8 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $3,000,000
Products/Completed Operations Aggregate, and $3,000,000 General Aggregate
Limit. The policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would serve to limit
third party action over claims. There shall be no endorsement or modifications of the
CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
14.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any of the Lessee's
owned, hired, and non-owned vehicles assigned to or used in performance of the
Lessee's work or services or use or maintenance of the Premises under this Contract.
14.10 Workers' Compensation.
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Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of LDRC's employees engaged in the performance of the
work or services under this Contract; and Employer's Liability insurance of not less
than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
LDRC, its contractors and its subcontractors waive all rights against Lessor and its
agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers' Compensation and Employer's Liability or
commercial umbrella liability insurance obtained by LDRC its contractors and its
subcontractors pursuant to this Contract.
14.11 Commercial General Liability — Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual liability
coverage.
14.11.1 The policy shall be endorsed to include coverage for physical/sexual abuse
and molestation.
14.11.2 The policy shall be endorsed to include the following additional insured
language: "Maricopa County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers shall be named as additional insureds
with respect to liability arising out of the activities performed by, or on behalf
of the LDRC."
14.12 Minimum Limits:
General Aggregate $1,000,000
Each Occurrence Limit $3,000,000
14.13 Certificates of Insurance,
14.13.1 Prior to Contract implementation, LDRC shall furnish the County with valid
and complete certificates of insurance, or formal endorsements as required
•by the Contract in the form provided by the County, issued by LDRC's
insurer(s), as evidence that policies providing the required coverage,
conditions and limits required by this Contract are in full force and effect.
Such certificates shall identify the contract number and title.
14.13.2 In the event any insurance policy (ies) required by this contract is (are) written
on a "claims made" basis, coverage shall extend for two years past
completion and acceptance of LDRC's work or services and as evidenced by
annual Certificates of Insurance.
14.13.3 If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County fifteen (15) days prior to the expiration date.
14.14 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
15.0 COMPLIANCE WITH APPLICABLE LAWS
15.1 Each party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal, State, and Local governments whether
or not specifically referenced herein. Specifically, the following apply:
15.2 Unless exempt under Federal law, both parties shall comply with Title VII of the Civil
Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and State
Executive Order No. 75-5, as updated in State Executive Order No. 99-4, which
mandates that all persons, regardless of race, color, religion, sex, age, national origin, or
political affiliation, shall have equal access to employment opportunities. Both parties
shall comply with the Rehabilitation Act of 1973, as amended, which prohibits
discrimination in the employment of qualified persons because of physical or mental
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disability. Both parties shall comply with the requirements of the Fair Labor Standards
Act of 1938, as amended.
15.3 Both parties shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the
denial of benefits of, or participation in, contract services on the basis of race, color, or
national origin. Both parties shall comply with the requirements of Section 504 of the
Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of
disability, in delivering contract services; and with Title II of the Americans with
Disabilities Act, and the Arizona Disability Act, which prohibits discrimination on the
basis of physical or mental disabilities in the provision of contract programs, services,
and activities.
15.4 LDRC warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges:
15.4.1 That LDRC and its subcontractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214, subsection A;
15.4.2 That a breach of a warranty under subsection 14.4.1 above, shall be deemed a
material breach of this Contract that is subject to penalties up tO and including
termination of the Contract;
15.4.3 That the County retains the legal right to inspect the papers of any contractor or
subcontractor employee who works on this Contract to ensure that the LDRC or
its subcontractor is complying with the warranty provided under subsection14.4.1
above and that the contractor agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to
facilitate such an inspection; and
15.4.4 That nothing herein shall make LDRC or its subcontractor's agents or employees
of the contracting government entity.
16.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
16.1 LDRC certifies to the best of its knowledge and belief, that it and its directors, officers
and agents:
16.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
16.1.2 Have not within a three-year period been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
16.1.3 Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph 16.1.2; and
16.1.4 Have not within a three-year period had one or more public transactions
(Federal, State, or local) terminated for cause or default.
17.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
17.1 LDRC understands and acknowledges the applicability of the Immigration Reform and
Control Act of 1986 (IRCA). LDRC agrees to comply with the IRCA in performing under
•this Contract and to permit County inspection of personnel records to verify such
compliance.
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17.2 By entering into this Contract, both parties warrant compliance with the Federal
Immigration and Nationality Act (RNA) and all other Federal immigration laws and
regulations related to the immigration status of its employees. Both parties shall obtain
statements from their 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 Contract. Both parties and their subcontractors shall also
maintain Employment Eligibility Verification forms (1-9) as required by the U.S.
Department of Labor's Immigration and Control Act for all employees performing work
under the Contract. 1-9 forms are available for download at USCIS.GOV .
17.3 The County may request verification of compliance for any LDRC or subcontractor
performing work under the Contract. Should the County suspect or find that the LDRC or
any of its subcontractors are not in compliance, the County may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work, termination of
the Contract for default, and suspension and/or debarment of the LDRC. All costs
necessary to verify compliance are the responsibility of the LDRC.
FOR AND ON BEHALF OF LODESTAR FOR AND ON BEHALF OF MAR1COPA
DAY RESOURCE CENTER:
Executiye Director Steve Chucri, Chairman of the Board
Date MAY 1 2 2015
Date
Attested to:
McCarroll, Clerk of the Board
This Contract has been reviewed by the undersigned Attorney who has determined that is
proper in form and within the power and authority granted under the laws of the State of
Arizona.
APPROVED AS TO FORM:
This 7k day of -1 -7--.2Q15
Deputy County Attorney
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Attachment A
Lodestar Day Resource Itemized Service Budget
Sources and Uses Statement
One Time Start
Operations Operations
USES - ITEMIZED SERVICE BUDGET Up April 15 May 15 to June July Ito Budget Total
to May 15
(FY2015) 30 (FY2015) November 15
(FV2-010
Salary $ 11,710 $ 42,261 $ 159,543 $ 213,514
ERE ' $ 3,279 $ 11,833 $ 44,672 $ 59,784
Profession and Outside Services 3,600 $ 23,735 $ 71,203 $ 98,538
Security $ 21,600 $ 66,240 $ 87,840
Space $ - $ 7,313 $ 21,938 $ 29,251
Materials and Supplies $ 1,000 $ 1,188 $ 3,563 $ 5,751
Equipment $ 2,560 $ - $ - $ 2,560
Operating Services $ 1,875 $ 1,175 $ 4,526 $ 7,576
Indirect Costs $ 2,883 $ 13,093 $ 44,602 $ 60,578
TOTAL $ 26,907 $ 122,198 $ 416,287 $ 565,392
One Time Start
Operations Operations
SOURCES - BY REVENUE Up April 15 May 15 to June July 1 to Total
to May 15
30 (FY2015) November 15
(FY2015) , (FY2016)
Maricopa County $ 26,907 $ 56,573 $ 219,412 $ 302,892
Arizona Department of Housing $ 65,625 $ 196,875 $ 262,500
ALL SOURCES TOTAL $ 26,907 $ 122,198 $ 416,287 $ 565,392
(Shortfall) $0