EXTREME WEATHER SURVIVORS AGREEMENT RE FOR UTILITY SUPPORT.PDF

AGREEMENT
BETWEEN
EXTREME WEATHER SURVIVORS, INC.
AND
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
1.0 PARTIES
This financial revenue Agreement (“Agreement”) is between the Extreme Weather Survivors, Inc.
(“EWS or Grantor”) and Maricopa County (County or Contractor) administered by its Human
Services Department Senior Services and Community Resilience Division. The County and the
Grantor are collectively referred to herein as the “Parties” and individually as the “Party.”
2.0 PURPOSE
The purpose of this Agreement is to operationalize the Extreme Weather Survivors, Inc. (EWS)
Financial Assistance Fund hereby granted to the County in the amount of $15,000, through a
structured utility assistance program administered by The Human Services Department’s Senior
Services and Community Resilience Division to pay past due utility balances and prevent
disconnection during extreme heat or cold events to eligible vulnerable seniors and adults with
functional disabilities, thereby reducing risk among low-income seniors and adults with disabilities.
3.0 TERM OF AGREEMENT
The term of the Agreement begins July 1, 2026, and shall expire on June 30, 2027
4.0 MODIFICATION OR AMENDMENTS
Modifications within the scope of the Agreement shall be made by mutual consent of the Parties,
by a written modification or amendment, signed and dated by all parties, prior to any changes
being enacted.
5.0 COMPENSATION AND REPORTING
Subject to ongoing review and possible modifications during the term or terms of this Agreement,
the Grantor shall pay the County at the beginning of the Agreement period. The Payment shall be
submitted to the Human Services Department, Finance Unit at the address indicated in 10.0
(Notices). The Human Services Department’s Senior Services and Community Resilience
Division will manage funds and provide monthly expenditure reporting to EWS as identified in 7.3.
6.0 AVAILABITLY OF FUNDS
6.1 Should funding for the program activities be reduced for any reason and services are not
funded, then the Grantor may accept a decrease in services offered by the County or
terminate this Agreement. The Grantor shall be the sole judge and authority in determining
the availability of funds under this Agreement. The Grantor shall keep the County fully
informed as to the availability of funds.
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6.2 If the Grantor is unable to provide funding to support the Program, then the County has
the right to either change the availability of or withdraw the services (or both).
7.0 SCOPE OF WORK:
7.1 PROGRAM INTENT
7.1.1 Prevent Utility Disconnection During Extreme Weather:
7.1.1.1 Ensure vulnerable households maintain access to essential cooling,
heating, and water services during extreme heat or cold by resolving past
due utility balances.
7.1.2 Enhance Safety for High-risk Individuals:
7.1.2.1 Prioritize clients whose age, functional limitations, medical conditions, or
environmental factors place them at elevated risk of injury, illness, or death
from exposure to extreme weather.
7.1.3 Prevent Eviction Related to Utility Arrears:
7.1.3.1 Reduce the likelihood of displacement or eviction by addressing past due
utility bills that may contribute to lease violations, unsafe living conditions,
or housing instability.
7.1.4 Eligibility:
7.1.4.1 Seniors and adults enrolled in the Maricopa County Senior Adult and
Independent Living Program (SAIL), which includes individuals aged 60
and older, as well as adults 18 and older with a functional disability; and
7.1.4.2 Household income below 200% of the Federal Poverty Line; and
7.1.4.3 Has a past-due utility bill for heating or cooling.
7.2 RESPONSIBILITIES OF THE COUNTY
7.2.1 Financial Assistance Services:
7.2.1.1 Eligibility for EWS Financial Assistance is determined, and benefit
payments are made on behalf of program participants.
7.2.1.2 EWS Financial Assistance services shall be coordinated with other local or
grant financial assistance to maximize benefits to eligible households.
7.2.1.3 MCHSD will make payments directly to vendors upon authorization.
7.2.1.4 Available EWS Financial Assistance shall include utility payments for
heating and cooling.
7.2.1.5 MCHSD will track all disbursements and maintain all documentation of
payment.
7.2.1.6 EWS financial assistance shall not exceed $500 per eligible household
during the contract period.
7.2.1.7 MCHSD will support the client to collect all necessary documentation for
program eligibility and enrollment.
7.2.1.8 MCHSD will upload and document all required eligibility information, client
assistance provided, and document all client interactions in the MCHSD
system of record.
7.2.2 Coordination & Communication:
7.2.2.1 MCHSD will coordinate internally with SAIL Case Managers to identify
eligible participants and support eligibility verification.
7.2.2.2 MCHSD will offer to share information about EWS with at-risk clients as
needed.
7.2.2.3 MCHSD will provide monthly reports on program performance and
participate in ongoing meetings with EWS.
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7.3 REPORTING AND REQUIREMENTS:
7.3.1 MCHSD will submit monthly reports to EWS that include the following information:
7.3.1.1 Number of clients served
7.3.1.2 Total amount disbursed and amount per client
7.3.1.3 Remaining fund balance
7.3.1.4 Challenges or operational barriers
7.3.1.5 Client success story
7.3.1.6 Demographics
7.3.1.7 Household size
7.3.1.8 Age of Head of Household
7.3.1.9 Income and income source
8.0 CLIENT CONFIDENTIALITY
The Parties understand and concur that this Agreement is subject to all state and federal laws
protecting client confidentiality. Client confidentiality will be maintained equally for all individuals
presenting for services whether being provided by the County. The use or disclosure by either
Party of any information concerning an eligible individual served under this Agreement is directly
limited to the fulfillment of this Agreement.
9.0 TERMINATION
9.1 Under A.R.S. §38-511, the County may cancel this agreement without penalty or further
obligation within three years (3) after execution of this agreement, if any person significantly
involved in initiating, negotiating, securing, drafting, or creating this agreement on behalf of
the Grantor is, at any time while this agreement or any extension is in effect, an employee
or agent of any other party to the agreement in any capacity or consultant to any other party
of this agreement with respect to the subject matter of this agreement.
9.2 Either Party may terminate this agreement at any time with or without cause by giving the
other Party at least thirty (30) calendar days prior notice in writing (unless terminated by the
Grantor under the Availability of Funds provision). The notice shall be given by either mail
or via email to the persons listed in Section 10 (Notices) of this Agreement
9.3 This Agreement may be terminated at any time by mutual written agreement of the Parties.
The written agreement shall specify the termination date.
9.4 The County has the right to terminate this Agreement upon twenty-four (24) hour notice
when the County determines that the health or welfare of the participants are endangered
or the Grantor’s non-compliance to the terms of the Agreement.
9.5 If not terminated by one of the above methods, this Agreement shall terminate upon the
expiration of the term stated on page 1 of this Agreement or any extended term described
in Section 4.0.
10.0 NOTICES
Notifications and communications concerning this Agreement shall be directed to the following:
County:
Name: Chela Schuster
Title: Assistant Director
Maricopa County Human Services Department
234 N Central Avenue, Suite 3000
Phoenix, AZ 85004 (effective until November 8, 2026
2233 W Dunlap Ave
Phoenix, AZ 85021 (effective as of November 9, 2026)
Telephone: 602-372-4454
Email: chela.schuster@maricopa.gov
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Contractor: Extreme Weather Survivors, Inc.
Name: Surika Pillay
Title: Chief of Staff
Address: 260 Ainslie Street, 3rd Floor
Brooklyn, NY 11211
Telephone: 315-212-5361
Email: surika@extremeweathersurvivors.org
11.0 RECIPROCAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party and
its officers, officials, employees, and agents (collectively, “Indemnitees”) from and against all
claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees, expert fees and
other litigation costs) (collectively referred to as “Claims”) either arising from or related to breach
of this Agreement, property damage, or bodily injury (including death) of any person, but only to
the extent that such Claims are caused by the act, omission, negligence, misconduct, or other
fault of the Indemnitor or any of its officers, officials, agents, representatives, directors,
employees, volunteers, departments, agencies, boards, committees, and commissions. The
obligations under this Section 11.0 shall survive termination of this Agreement. The amount and
type of insurance coverage requirements set forth herein will in no way be construed as limiting
the scope of the indemnity in this paragraph. Maricopa County is a self-insured public entity and
shall maintain self-insurance for the duration of the term of this Agreement as per A.R.S. 11-261.
12.0 LIMITATION ON LIABILITY
The Parties hereby mutually agree that each Party and their respective agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies, boards, committees,
and commissions shall not be liable to the other Party for any act or omission by the other Party
or any and all of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, or commissions occurring in the performance of this
, nor shall the Parties and their respective agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and commissions be liable
for purchases or contracts made by the other Party or any and all of its agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies, boards, committees,
or commissions in connection with this Agreement, except as otherwise provided by law.
13.0 EMPLOYMENT DISCLAIMER
13.1 This Agreement is not intended to constitute, create, give rise to, or to otherwise recognize
a joint venture, 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 Agreement.
13.2 The Grantor agrees that no individual performing under this Agreement on behalf of
Grantor shall be considered a County agent, employee, or representative and those
individuals are not entitled to County civil service rights, County retirement rights, or any
other rights provided under the County personnel rules, nor shall those rights accrue or
apply to any such individual. The Grantor shall have total responsibility for all salaries,
wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning such individuals and Grantor shall indemnify,
defend and hold harmless the County with respect to the foregoing.
13.3 The County agrees that no individual performing under this Agreement on behalf of County
may be considered a Grantor agent, employee, or representative and that no rights of
Grantor retirement or Grantor personnel rules shall accrue or apply to any such individual.
The County shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workers’ compensation, occupational disease compensation,
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unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals and the County shall indemnify, defend
and hold harmless Contractor with respect to the foregoing.
13.4 The County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions shall not be
liable to Grantor for any act or omission by Grantor or any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, commissions, contractors, or subcontractors occurring in
the performance of this Agreement, nor shall the County and its agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies, boards, and
commissions be liable for purchases or contracts made by Grantor or any and all of its
agents, representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, commissions, contractors, or subcontractors in connection
with this Agreement.
13.5 The County is a Contractor in the performance of work and the provision of services under
this Agreement and is not to be considered an officer, employee or agent of the Grantor.
14.0 RETENTION OF RECORDS
14.1 This provision applies to all financial and programmatic records, supporting document,
statistical records, and other records of the Parties that are related to this Agreement.
14.2 The Parties shall retain all records relevant to this Agreement for six (6) years after
expiration of this Agreement or after resolution of any audit, whichever is longer. The
County, federal, and State of Arizona auditors, and any other persons duly authorized by
the County, shall have full access to and the right to examine, copy, and make use of any
and all of the records.
15.0 RELIGIOUS ACTIVITIES
The Parties warrant that none of their costs and none of the costs incurred by them or any of their
contractors or subcontractors will include any expense related to any religious activities.
16.0 COVENANT AGAINST CONTINGENT FEES
The Grantor warrants that no persons or entities have been employed or retained by it 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 County may immediately
terminate this Agreement without liability.
17.0 ADVERTISING, NAMES, AND MARKS
No Party shall use the name, trademark, logo, or likeness of another Party, or another Party’s
employee or agent in any publicity or advertising material without such other Party’s express prior
written consent; however, the existence and scope of the Program available via this Agreement
may be made known to Students as a means of assistance in completing their training
requirements.
18.0 ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or
subcontracted, in whole or in part, without the prior written approval of the other Party.
19.0 WAIVER OF TERMS, CONDITIONS, AND DEFENSES
The failure of either Party to insist in any one or more instances on performance of any of the
terms and conditions of, or to exercise any rights or privileges contained in, this Agreement shall
not be considered as waiving such terms, conditions, rights, or privileges, and they shall remain
in full force and effect. Nothing in this Agreement shall be construed as consent to any lawsuits
or waiver of any defenses in a lawsuit brought against the County in any state or federal court.
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20.0 ENTIRE AGREEMENT
This Agreement contains the entire understanding of the Parties. There are no representations or
other provisions besides those contained in either this Agreement or in any written amendments
approved and signed by both Parties.
21.0 FORCE MAJEURE
21.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other
Party on account of any loss or damage resulting from any delay or failure to perform all
or any part of this Agreement if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the Parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities, nationalization,
government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and
interruption or failure of electricity or telecommunication service.
21.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its inability
to perform or comply.
21.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, all non-excused obligations were substantially fulfilled, and the other
Party was timely notified of the likelihood or actual occurrence that would justify such an
assertion, so that other prudent precautions could be contemplated.
22.0 SURVIVAL
The indemnification, hold harmless, defense, and limitation of liability provisions of this Agreement
shall have full force and effect notwithstanding any other provisions in this Agreement and shall
survive the termination or expiration of this Agreement.
23.0 COMPLIANCE WITH LAWS, RULES AND REGULATIONS
Both parties understand and concur that this Agreement is subject to all applicable state and
federal laws, rules and regulations.
24.0 SEVERABILITY
The Parties agree that should any part of this Agreement be held invalid or void, the remainder of
this Agreement shall remain in full force and effect and shall be binding on the Parties.
25.0 EXECUTION OF AGREEMENT/COUNTERPARTS
This Agreement may be executed in counterparts. Each counterpart shall be deemed an original,
and all counterparts shall form a single instrument.
26.0 CHOICE OF LAW; VENUE
This Agreement shall be construed in accordance with and governed by the laws of the State of
Arizona. The proper venue for any proceedings relating to this Agreement shall be Maricopa
County, Arizona.
27.0 AUTHORIZATION
Each Party warrants to the other Party that the appropriate governing body of the Party has
authorized approval and signature of this Agreement.
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28.0 DISABILITY REQUIREMENTS
Grantor agrees that any electronic or information technology offered under this Agreement shall
comply with A.R.S. §§ 41-2532 and 41-2533, and with Section 508 of the Rehabilitation Act of
1973, which requires that employees and members of the public shall have access to and use of
information technology that is comparable to the access and use by employees and members of
the public who are not individuals with disabilities.
[signatures contained on following page]
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IN WITNESS, the Parties have approved and signed this Agreement:
FOR EXTREME WEATHER SURVIVORS, FOR MARICOPA COUNTY:
INC.:
___________________________________ ____________________________________
Christopher Kocher Date Kate Brophy McGee Date
Chair, Board of Supervisors
Attested to:
____________________________________
Juanita Garza, Clerk of the Board Date
IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251,
AND 11-952, THIS AGREEMENT HAS BEEN
REVIEWED BY THE UNDERSIGNED ATTORNEY
WHO HAS DETERMINED THIS AGREEMENT IS
PROPER IN FORM AND WITHIN THE POWERS
AND AUTHORITY GRANTED TO MARICOPA
COUNTY UNDER THE LAWS OF THE STATE OF
ARIZONA.
Approved as to form:
By:
______________________________________
Deputy County Attorney Date
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