CITY OF PHOENIX REH-HOUSING AGREEMENT.PDF

Intergovernmental Agreement
between
City of Phoenix
and
Maricopa County
for
Rapid Re-Housing with Navigation Services
This Intergovernmental Agreement (this “Agreement”) is made pursuant to Arizona Revised
Statutes Sections 11-951 through 11-954 and dated below, and is between the City of Phoenix,
hereinafter referred to as “City,” and Maricopa County, hereinafter referred to as “County,” to
document the terms and responsibilities each party has agreed to for the provision of Rapid Re-
Housing with Navigation Services to support homeless individuals located at the Human Service
Campus at 230 S. 12th Avenue, Phoenix, AZ 85007.
RECITALS
A. The City is empowered by Arizona Revised Statutes, Sections 11-951 through 11-954, as
amended, and Chapter II, Section 2 of the City of Phoenix Charter, to enter into this
Agreement and has, by ordinance, authorized the undersigned to execute this Agreement
on behalf of the City.
B. The County is authorized to enter into this Agreement pursuant to Arizona Revised
Statutes, Sections 11-951 through 11-954, as amended, and has, authorized the
undersigned to execute this Agreement on behalf of the County.
C. The County issued a Request for Proposals (RFP) (Solicitation 14072) to make funds
available to support Rapid Re-Housing with Navigation to support the homeless
individuals accessing the Human Services Campus. As a result of the RFP, the County
entered into a contract with Community Bridges, Inc., hereinafter referred to as “CBI,” an
Arizona non-profit corporation, for the provision of Rapid Re-Housing with Navigation
Services through June 30, 2015, with an option to renew for up to two additional one-
year periods, or month-to-month for up to six months after expiration.
D. The City is the recipient of Emergency Solutions Grant funding from the U.S.
Department of Housing and Urban Development (HUD) and desires to utilize up to
$250,000 of those funds as a part of a collaborative effort with the County to house
homeless individuals.
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AGREEMENT
1. Term. This Agreement shall run from its Effective Date until June 30, 2016, unless
terminated by either party upon thirty (30) days written notice. This Agreement may be
extended by the parties in writing upon mutual consent.
2. City Responsibilities.
a. Funding: The City shall provide funding in an amount up to $250,000 for the
service of Rapid-Rehousing with Navigation in support of housing homeless
individuals at the Human Services Campus.
b. Monitoring: The City shall monitor the administration of County contract
number Serial 14072 in accordance with HUD Emergency Solutions Grant
regulations.
c. Reimbursement: The City shall reimburse the County within 30 days or less of a
complete and accurate request for payment.
3. County Responsibilities.
a. Contract Administration: The County shall administer contract number Serial
14072 with CBI for the provision of Rapid-Rehousing with Navigation services.
Duties include but are not limited to reimbursement for services rendered,
programmatic and fiscal monitoring, and term adjustments.
b. Reporting: The County shall submit programmatic and financial reports to the
City no later than the 25th day following the end of each month or the end of each
other applicable reporting period during the term of the contract. Final reports
shall be submitted no later than the 60th day following expiration of the contract.
Requests for payment shall contain the contractor name; address; contract
number; and period of service.
c. Supporting Documents and Information: In addition to any documents, reports,
or information required by contract number Serial 14072 or this Agreement, the
County shall furnish the City with any additional documents and information
upon reasonable request.
4. Indemnification. 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, officials, agents,
employees, or volunteers.
5. General Provisions.
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a. Representations and Warranties Regarding Use of Federal Funds: The
County hereby represents and warrants the following to the City and to HUD in
connection with this Agreement:
i. No federal appropriated funds have been paid or will be paid, by or on
behalf of the County, to any person for influencing or attempting to
influence an officer or employee of any government agency, the City or
Congress, or a member of Congress or employee of a member of Congress
in connection with the execution of this Agreement.
ii. If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any government agency, the City or Congress, or a
member of Congress or employee of a member of Congress in connection
with this Agreement, the County will complete and submit Standard
Form-LLL, “disclosure Form to Report Lobbying,” in accordance with its
instructions.
iii. The County has not paid or given, and will not pay or give, any third
person any money or other consideration for obtaining this Agreement,
other than normal costs of conducting business and costs of professional
services such as architects, engineers and attorneys.
iv. If applicable, the County will require that the language in Subsections (i),
(ii) and (iii) above be included in any award documents for all sub award
tiers (including subcontracts, sub grants, loans, and cooperative
agreements) and that any sub recipients will certify and disclose to the
City and HUD accordingly.
b. Immigration Law Compliance Warranty: As required by A.R.S. § 41-4401,
each party hereby warrants its compliance with all federal immigration laws and
regulations that relate to its employees and A.R.S. § 23-214(A). Each party
further warrants that after hiring an employee, it verifies the employment
eligibility of the employee through the E-Verify program. If either party uses any
subcontractors in performance of the Agreement, subcontractors shall warrant
their compliance with all federal immigration laws and regulations that relate to
its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant
that after hiring an employee, such subcontractor verifies the employment
eligibility of the employee through the E-Verify program. A breach of this
warranty shall be deemed a material breach of the Agreement subject to penalties
up to and including termination. A party shall not be deemed in material breach if
it and/or its subcontractors establish compliance with the employment verification
provisions of Sections 274A and 274B of the federal Immigration and Nationality
Act and the E-Verify requirements contained in A.R.S. § 23-214(A). Each party
retains the legal right to inspect the papers of the other party and/or its
subcontractor engaged in performance of this Agreement to ensure that the other
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party and/or its subcontractor is complying with the warranty. Any inspection will
be conducted after reasonable notice and at reasonable times. If state law is
amended, the parties may modify this paragraph consistent with state law.
c. Non-Liability of City Officials and Employees: No member, official or
employee of the City will be personally liable to the County, or any successor in
interest, in the event of any default or breach by the City or for any amount which
may become due to the County or its successors, or on any obligation under the
terms of this Agreement.
d. Audit: The City, HUD the, the Comptroller General of the United States, or any
of their duly authorized representatives shall have access upon request to any
books, documents, papers, and records of the County which are directly pertinent
to this Agreement for the purpose of making audit, examination, excerpts, and
transcriptions.
e. Records: The County shall retain all required records for three years after receipt
of final payment under this Agreement and after all other pending matters are
closed, whichever is later.
f. Non-Debarment: The County certifies that it is not suspended, debarred, or
otherwise ineligible to contract with the City for HUD-financed projects under 24
CFR part 24. The County shall not subcontract any of the work required under
this Agreement with any person who is listed as suspended, debarred, or
otherwise ineligible under 24 CFR part 24.
g. Other Reports: The County also shall submit such reports as the City may
require, including litigation reports, financial management reports, equal
opportunity reports, as may be necessary, pursuant to the rules and regulations
under Title VI, Civil Rights Act of 1964; Title VIII, Civil Rights Act of 1968; or
any reports as may be further required.
h. Entire Agreement-Modification: This document, together with any attachments
thereto, and amendments, shall constitute the entire agreement between the
parties, and supersedes all other understandings, oral or written. This Agreement
and its terms may not be modified except in writing signed by both parties.
i. Notices: All notices, demands and communications given or to be given, by either
party to the other, shall be given in writing, by certified mail, and shall be
addressed to the parties at the addresses hereinafter set forth, or at such other
address as the parties may by written notice hereafter designate. All notices shall
be deemed received upon actual receipt or three (3) business days after deposit in
the United States mail, whichever date is earlier. Notices shall be addressed as
follows:
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Phoenix: Human Services Director
City of Phoenix
200 West Washington Street, 18th Floor
Phoenix, Arizona 85003-1611
and
City Clerk
City of Phoenix
200 West Washington Street, 15th Floor
Phoenix, Arizona 85003-1611
and
City Attorney
City of Phoenix
200 West Washington Street, 13th Floor
Phoenix, Arizona 85003-1611
Maricopa County: Human Services Department
Maricopa County
Community Development Division Assistant Director
234 N. Central Ave. 3rd Floor
Phoenix, AZ 85004
j. Construction: Paragraph headings and captions appearing with this Agreement
are for convenient reference only and in no respect define, limit or describe the
scope or intent of this Agreement or the provisions of such sections.
k. Binding Effect. All terms, provisions and conditions hereof shall be binding upon
and inure to the benefit of all parties hereto and their respective heirs, personal
representatives, successors and assignment.
l. Governing Law. This Agreement will be governed by the laws of the State of
Arizona, both as to interpretation and performance.
m. Conflict of Interest: This Agreement is subject to cancellation pursuant to the
provisions of A.R.S. § 38-511.
n. Non-Appropriation: Notwithstanding any other provision is this Agreement, this
Agreement may be terminating if the governing bodies of the parties fail to
appropriate sufficient monies for the purposes set forth herein. In the event of
such cancellation, the City will have no further obligation to the County or its
governing body.
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o. Counterparts: This Agreement may be executed in one or more counterparts,
and each such counterpart shall be deemed to be an original instrument, but all
such counterparts together will constitute but one Agreement.
p. Severability: If any provision of this Agreement is held void or unenforceable,
the remaining provisions shall nevertheless be effective, the intent being to
effectuate this Agreement to the fullest extent possible.
q. Non-Discrimination: The parties agree to be bound by all applicable federal,
state and local statutes, ordinances and rules governing equal employment
opportunity and non-discrimination.
r. Waiver: Waiver by either party of any breach or default of any clause of this
Agreement by the other party shall not operate as a waiver of any previous or
future default or breach of the same or different clause of this Agreement.
s. Organization/Employment Disclaimer: This Agreement is not intended to
constitute, create, give rise to, or otherwise recognize a joint venture, agreement,
or relationship, partnership, or formal business organization of any kind, and the
rights and obligations of the parties will be only those expressly set forth herein.
The parties agree that no persons supplies by the County are Phoenix employees
and that no rights of City, Civil Service, Retirement or Personnel rules accrue to
such persons. The County will have total responsibility for all salaries, wages,
bonuses, retirement, withholdings, workmen’s compensation, unemployment
compensation, other benefits, and all taxes and premiums appurtenant thereto
concerning persons supplied by the County.
t. Rights of Parties: Nothing in this Agreement, whether express or implied, in
intended to confer any rights or remedies under or by reason of this Agreement on
any persons other than the parties to this Agreement and their respective
successors and permitted assigns, nor in anything in this Agreement intended to
relieve or discharge any obligation or liability of any person who is not a party to
this Agreement, nor will any provisions hereof give any persons not a party to this
Agreement any right of subrogation or action or against any part to this
Agreement.
u. Cooperation and Further Documentation: The parties agree to provide each
other with such additional and other duly executed documents as may be
reasonably requested by the requesting part to fulfill the intent of this Agreement.
v. Assignment: Neither party may assign any rights hereunder without the express,
written, prior consent of the other party.
The parties have executed this Agreement on the dates stated below, to be effective as of the last
date of execution (the “Effective Date”).
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FOR MARICOPA COUNTY: FOR PHOENIX:
MARICOPA COUNTY CITY OF PHOENIX, a municipal corporation
ED ZUERCHER, CITY MANAGER
By: By:
Name: Steve Chucri Name: Moises Gallegos
Title: Board of Supervisor, Chairman Title: Human Services Director
Date: Date:
ATTEST:
___________________________________
City Clerk
ATTORNEY DETERMINATION
In accordance with the requirements of A.R.S. § 11-952(D), each of the undersigned attorneys
acknowledge that (1) they have reviewed the above IGA on behalf of their respective client(s)
and (2) as to their respective client(s) only, each attorney has determined that this IGA is in
proper form and is within the powers and authority granted under the laws of the State of
Arizona.
County Attorney, Maricopa County Acting City Attorney, City of Phoenix
Date: Date:
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