Subrecipient Agreement with Phoenix Gospel Mission Inc.

City of Glendale — Regular Meeting (2024-04-23)

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CITY OF GLENDALE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG-CV3)
SUBRECIPIENT CONTRACT — NONPROFIT CORPORATIONS

PUBLIC SERVICES
FY 2024-2025

THIS SUBRECIPIENT CONTRACT (“Agreement”) is executed this day of

, 2024, by and between Phoenix Gospel Mission, Inc., an Arizona nonprofit

corporation (“Subrecipient”), and the City of Glendale, an Arizona municipal corporation (the

RECITALS

City has entered into a grant agreement with the United States Department of Housing and
Urban Development (“HUD”) for financial assistance to conduct the Community
Development Block Grant (“CDBG”) pursuant to the Housing and Community
Development Act of 1974, as amended, and 24 C.F.R. Part 570, and the Rules and
Regulations of HUD governing the conduct of CDBG programs, found at Title 24 of the
Code of Federal Regulations (“CFR”), as amended, (the “Rules and Regulations”);

As provided in the Rules and Regulations, City is authorized to contract by subgrant
agreement with public entities or private non-profit entities for qualified activities and
projects; and City desires to provide funding to assist Subrecipient in providing its Activity
through the distribution of HUD Community Development Block Grant Funds (“Funds”
or “Funding”).

Subrecipient desires to conduct Activity in accordance with this Agreement that will
principally serve low and moderate-income persons within the community.

City and Subrecipient agree that the Activity meets a priority need identified in the City’s
Five-Year Consolidated Plan and the Funds designated for the Activity constitute
reasonable and prudent assistance necessary for the completion of the Activity.

City finds that a public purpose is served by the financial participation of the City and by
providing the Funding designated for Subrecipient.

AGREEMENT

In consideration of the mutual promises, payments, and other provisions hereof, City and
Subrecipient agree as follows:

Subrecipient Activity.

Le Subrecipient will implement, operate, and/or complete — including providing all
necessary or reasonable labor, materials, services, supervision, tools, equipment,
licenses, and permits necessary to operate the Heat Relief Services (the
“Activity”), which is further defined with specificity in Exhibit A, Scope of
Activity, in a manner satisfactory to the City and consistent with any standards
required as a condition of providing these Funds.

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1.2 City will provide technical assistance to Subrecipient in order for Subrecipient to
assure it complies at all times with applicable federal provisions governing the use
of CDBG Funds.

1.3. Activities funded by CDBG are limited to the eligible activities as defined in 24
C.F.R. Part 570.

1.4 The City will monitor the performance of the Subrecipient against goals and
estimates as outlined in the Scope of Activity. Substandard performance as
determined by the City will constitute noncompliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient
within a reasonable period of time after being notified by the City, contract
suspension or termination procedures may be initiated.

Agreement Term. This Agreement is effective April 1, 2024 and will terminate on
December 31, 2024. This Agreement may be amended at any time during the grant term if
it is deemed by both parties to be advantageous to the mission of the grant program.

Period of Performance. Subrecipient may provide goods and services included under this
Agreement from April 1, 2024, through October 31, 2024, (the “Period of Performance”).
The City will only reimburse properly documented and eligible expenses incurred during
this period.

Funding Amount.

4.1 The City will fund the Subrecipient for the full performance of this Agreement and
the actual conduct of the Activity specified herein a total subgrant amount not to
exceed $52,280.00. This amount constitutes the entire consideration for the City’s
participation in the performance and completion of all work to be performed for
this Activity under this Agreement.

4.2 Funding under this Agreement will be made available in accordance with Exhibit
B, Billing and Reporting Information, in such amounts and incremental
distributions that are approved by the City for various phases of work. The City
shall reimburse the Subrecipient only for actual incurred costs upon the presentation
of properly documented reimbursement requests. Payments may be contingent
upon certification of the Subrecipient’s financial management system in accordance
with the standards specified in 24 C.F.R. 84.21 and 85.1 as cross referenced to 2
CEFR part 200.

43 Subrecipient’s final request for financial assistance under this Agreement must be
submitted to the City within 15-days of the expiration or termination of this
Agreement.

4.4 — Subrecipient must make a concerted, good-faith effort to expend the total funding
amount specified above within the Agreement Term stated in Section 2. The
Subrecipient’s costs and expenditures, however, shall not exceed the total funding
amount. The City shall not be liable for or reimburse the Subrecipient for any extra
costs or overruns on the Activity, or any additional funding in excess of the total
amount stated above.

4.5. Reversion of Funds. Subrecipient will return to the City, upon expiration or
termination of this Agreement, any CDBG funds that have not been expended, all

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4.6

Program Income, and any accounts receivable resulting from the use of CDBG
funds, including Program Income, within 30 days after the end of the Agreement
Term. Any funds held by the City at the end of the Agreement Term or refunded to
the City shall be reallocated by the City.

Commitment of Match. If required under the grant the Subrecipient agrees to make
a match toward the Activity. CDBG does not currently have a match requirement.

Program Income.

a. Any Program Income, as that term is defined by 24 C.F.R. § 570.500, that
is received by Subrecipient prior to grant close-out will be used to offset

payment due in an amount directly proportional to the prorated share of
CDBG Funds used as set forth in 24 C.F.R. § 570.504.

b. Under this Agreement, “Program Income” refers solely to those funds
derived from Subrecipient provided by the City and includes, but is not
limited to, income received from the clients served for services performed
or materials purchased. Documentation supporting the amount of Program
Income received will be submitted with monthly billings.

5. Availability of Funds.

5.1 °

5.2

The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Subrecipient, as
provided herein, are actually available to the City for disbursement.

If any action is taken by the federal government to suspend, decrease or terminate
its fiscal obligation under, or in connection with this Agreement, the City may
amend, suspend, decrease or terminate its obligations under or in connection with
this Agreement. In the event of termination, the City shall be liable for payment
only for services rendered prior to the effective date of the termination, provided
that such services performed are in accordance with the provisions of this
Agreement. The City shall give written notice of the effective date of any
suspension, amendment, or termination under this section. Notice shall be deemed
effective upon Subrecipient when received or three days after postmarked by mail
carrier, whichever is sooner.

6. Subrecipient Warranties and Representation. The Subrecipient certifies:

6.1

6.2

6.3
6.4

Subrecipient is a duly organized non-profit corporation under the laws of Arizona.
Subrecipient maintains and will continue to maintain throughout the term of this
Agreement, a designation under state and federal law as tax-exempt, non-profit
corporation.

Subrecipient’s governing body has duly adopted or passed as an official act, a
resolution, motion, or similar action authorizing the person identified as the official
representative of the Subrecipient to execute this Agreement and to comply with
the terms of this Agreement.

That is possesses legal authority to execute this Agreement.

That it intends to provide the service for which funds are granted under this
Agreement for at least the Agreement term.

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6.5

6.6

6.7

6.8

6.9

6.10

6.11

Utilize normal and customary practices for the delivery of the Subrecipient Activity,
and provide a level of service that is consistent with the level of service for similar
activities administered by the Subrecipient exclusive of this Agreement as defined
by the Scope of Services attached in Exhibit A.

That the Activity assisted under this Agreement is designed to give maximum
feasible priority to activities that benefit low and moderate-income persons and
families as defined in Exhibit D. Subrecipient must follow HUD guidelines for
determining that persons and families meet the definition of low and moderate-
income.

That the Activity will be carried out and administered in compliance with all federal
laws and regulations as further described in Exhibit C. Subrecipient will comply
with all applicable laws and regulations.

The Subrecipient will supervise and direct the completion of all activities under this
Agreement. And will maintain a sufficient number of qualified and trained staff to
provide services under the contract. The subrecipient must notify the City of any
changes in key program staff assigned or their responsibilities under the activities
within 30 days of the change and are subject to the prior approval of the City.

Subrecipient is independent of the City in all respects and is not an agent of the City
and must not in any way represent itself as an agent of the City. The relationship of
City and Subrecipient under this Agreement shall be that of an independent
contractor status. Each party shall have the entire responsibility to discharge all the
obligations of an independent contractor under federal, state, and local law. Nothing
contained in this Agreement shall be construed to create the relationship between
City and Subrecipient of employer and employee, partners, or joint ventures. The
City shall be exempt from payment of all unemployment compensation, FICA,
retirement, life and/or medical insurance and workers’ compensation insurance, as
the Subrecipient is an independent contractor.

Subrecipient is not currently engaged in and agrees that for the duration of this
Agreement it will not engage in, a boycott of Israel, as that term is defined in A.R.S.
§35-393.

Subrecipient certifies that it does not currently, and during the term of this
Agreement, will not use: the forced labor of ethnic Uyghurs in the People’s
Republic of China; any goods or services produced by the forced labor of ethnic
Uyghurs in the People’s Republic of China; and any contractors, subcontractors or
suppliers that use the forced labor or any goods or services produced by the forced
labor of ethnic Uyghurs in the People’s Republic of China.

Agency Warranties and Representation. Agency warrants and represents to the City
the following:

The Subrecipient will comply with the CDBG regulations as set forth in 24 C.F.R.
Part 570 and all applicable federal, state, and local laws, statutes, ordinances,
administrative rules, building codes, regulations and lawful orders of any public
authority bearing on the performance of the Activity pursuant to this Agreement;
including, but not limited to, 24 C.F.R. Part 5, 2 C.F.R. Part 200, and those identified
in Exhibit C Federal Laws and Regulations.

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7.6

Community Development Act of 1974.

a. Subrecipient acknowledges that the funds being provided by the City for the
Activity are distributed pursuant to the Housing and Community
Development Act of 1974, as amended, and 24 CFR Part 570.

b. Subrecipient’s use of the Act’s funds must be in accordance with the Act
and all regulations that apply to the use and handling of the Act’s funds by
the Subrecipient; and

Cs Subrecipient will comply with, and require all subcontractors paid with
funds provided by this Agreement to comply with, all of the applicable
provisions of the Housing and Community Development Act of 1974, as
amended, 24 CFR Part 570, and the Special Conditions for activities
assisted pursuant to Title I of the Community Development Act of 1974.

Single Audit Act Requirements. If Subrecipient receives federal funds that, in the
aggregate, equal or exceed the threshold identified in the Uniform Administrative
Requirements, the Subrecipient must have an annual single audit in compliance
with the Single Audit Act of 1984, as amended (Public Law No. 98-502 [codified
at 31 U.S.C. §§7501, et. Seq.]) Subrecipient shall comply with 2 C.F.R. Part 200,
Subpart F. Upon completion, such audits shall be made available for public
inspection. Audits shall be submitted to the City when completed, but no later than
nine months following the close of the fiscal year. Subrecipient shall take corrective
actions on any issues noted during the audit within six months of the date of receipt
of the reports. The City shall consider sanctions as described in 2 C.F.R.

§200.505 if the Subrecipient is not in compliance with these audit requirements. If
Subrecipient receives an audit other that a single audit, Subrecipient must file a
copy of the audit with the City upon request.

Conflicts of Interest. Both parties acknowledge that no member of the governing
body of the City or any employee of the City who exercises any functions or
responsibilities in connection with the carrying out of the Activity to which this
Agreement pertains has any personal interest direct or indirect in this Agreement.

Certifications. Subrecipient must execute the following certifications, which are
attached as Exhibit F:

Policy of Nondiscrimination on the Basis of Disability.
b. Anti-Lobbying, Section 319 of Public Law 101-121.

CG, Contracting with small and minority firms, women’s business enterprises
and labor surplus area firms.

d. Drug-Free Workplace Act of 1988.

Ci Certification regarding debarment, suspension, ineligibility, and voluntary
exclusion of Lower Tier covered transactions.

Procurement. As applicable. Subrecipient will comply with the Federal
Procurement Code, and the City’s Procurement, mediation and right of refusal
requirements.

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10.

Environmental Review. Prior to commitment of funds through contract or
agreement or other choice-limiting action, Subrecipient shall initiate a request and
ensure that the City will complete all environmental review requirements as
required by 24 C.F.R. Part 58. The Subrecipient will comply with all applicable
Federal, State and local environmental laws applicable to this activity, and will
work with the City to ensure compliance with these laws and related requirements.

Cost Allowances.

8.1

8.2

8.3

The Subrecipient shall, upon written notice thereof, reimburse the City for any
payments made under this Agreement that are disallowed by a federal, State or City
audit or monitoring in the amount of the disallowance, as well as court costs and
attorney’s fees the City spends to pursue legal action related to the disallowance.
Court costs and attorney’s fees incurred will be specifically identified as applicable
to the recovery of the disallowed costs in question.

If the City determines that a cost for which payment has been made is a disallowed
cost, the City will notify the Subrecipient in writing of the disallowance and the
required course of action, which shall be at the option of the City, either to adjust
any future claim submitted by the Subrecipient by the amount of the disallowance
or to require immediate repayment of the disallowed amount by the Subrecipient
issuing a check payable to the City.

If the City determines that Subrecipient has failed to follow a federal or state law
relative to the activity provided under this Agreement, the City may, at its
discretion, require the Subrecipient to repay the entire amount of the Agreement;
except as otherwise noted in this agreement.

Physical Improvements. The use and disposition of real property and equipment under
this Agreement shall be in compliance with the requirements of 24 C.F.R. Part 84,24 C.F.R.
570.502-504, as applicable, which include but are not limited to the following:

9.1

9.3

Any physical improvements over $5,000 must be secured by a promissory note,
lien document, special warranty deed and deed of trust as specified in the Loan
Documents. In addition, a fixed assets listing must be maintained in accordance
with federal regulations for the full compliance period as described in Section 9.2.
Annual physical inventory must be conducted to ensure the property is still in
condition and use as required by the CDBG program.

Real property under the Subrecipient’s control that was acquired or improved in
whole or in part with CDBG funds must be used in accordance with the terms of
this Agreement and the HUD regulations for a period of ten years, or for such longer
period of time as determined to be appropriate by the City.

After expiration of the required use period, Subrecipient is free to use the real
property for another use without obligation to the City.

Reporting.

10.1

Subrecipient will provide to the City not later than the 15" of each a month written
performance report of its activities related to the Activity.

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11.

10.2

10.3

10.4

10.5

On or before September 1, 2024, the Subrecipient will expend a minimum of 50%
of the total funding amount. Failure to meet this deadline will require Subrecipient
to submit a spending plan to the City by October 1, 2024, to demonstrate how the
Subrecipient plans to spend all the funding prior to the expiration of the contract.
The City reserves the right to determine, in its sole discretion, the feasibility of
Subrecipient’s spending plan.

On or before December 1, 2024 and within 15-days of the date of termination of
this Agreement, Subrecipient will provide to the City a comprehensive report
covering the agreed-upon objectives, activities, and expenditures for the contract
ending October 31, 2024.

Subrecipient will keep records of and report the following for all beneficiaries
served by the Activity during the Period of Performance:

a. The ethnicity and racial background of all persons and families served by
the Activity; and
b. The total number low and moderate-income persons, as these terms are

defined by federal income limits, served by the Activity, which are set forth
in their current form in Exhibit D; and

The number of elderly and disabled persons served by the Activity; and

d. Information about family size and the number of female heads of household
served by the Activity.

The Subrecipient’s obligations to the City shall not end until all close-out
requirements are completed. Activities during the close-out period shall include,
but are not limited to: making final payments, submittal and City approval of all
reimbursement documentation and reports, disposing of program assets (including
the return of all unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to the City), and determining
custodianship of records.

Recordkeeping and Accounting.

11.1

11.2

11.3

The Subrecipient shall maintain accurate financial and service delivery records
pertinent to the Activity to be funded under this agreement. The Subrecipient’s
books, records and other documents related to this Agreement shall be sufficient to
support and document that allowable services were provided to eligible
participants. Records shall support that costs incurred were reasonable and
allocable to the Activity under this Agreement.

Accounting Standards. Subrecipient agrees to comply with 2 C.F.R. Part 200, as
applicable, and agrees to adhere to the accounting principles and procedures
required therein, utilize adequate internal controls, and maintain necessary
documentation for all costs incurred.

Retention. Subrecipient will retain all activity and related financial records required
by the Federal regulation 24 CFR 570.506 and pertinent to the activity funded under
this agreement for a period of six years after completion of the Activity and
satisfaction of grant requirements.

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12.

13.

14,

15.

a. Records of non-expendable property acquired with the CDBG funds, and
related records documenting the use of said property will be retained for six
years after final disposition of such property.

b. Records for any displaced person must be kept for six years after receipt of
final payment.

c. Notwithstanding the above, if there is investigation, administrative action,
litigation, or similar actions involving the Activity, all existing records must
be maintained for one year after the final disposition of the matter or the
expiration of the required six-year retention period, whichever occurs later.

11.4 Access to Records. Subrecipient will provide the City, HUD and/or their
representatives access for purposes of monitoring, auditing, and examining
performance to all pertinent records, books, documents, and papers of the Activity
and Subrecipient’s performance or financial condition. Any deficiencies noted in
audit reports must be fully cleared by the Subrecipient within 30 days. Failure of
the Subrecipient to comply with the above audit requirements will constitute a
violation of this Agreement and may result in the withholding of future payments
or recapture of previous payments. However, nothing herein will be construed to
require access to any privileged or confidential information in contravention of
federal or state law.

Acknowledgement of the City’s Participation. Subrecipient will acknowledge the
contribution of the City’s CDBG Program in all published literature, brochures, activities,
fliers, on-site signage, etc., during the term of the Agreement.

Nondiscrimination.

13.1. The Subrecipient must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital
status, sexual orientation, gender identity or expression, genetic characteristics,
familial status, U.S. military veteran status or any disability.

13.2 The Subrecipient must not discriminate against any client, applicant, or resident on
the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status,
U.S. military veteran status or any disability.

13.3. If Applicable. Notwithstanding any contrary provision in this agreement,
Subrecipient maintains its rights as a religious organization employer under federal,
state, and local laws, including but not limited to: Section 702(a) of Title VII, 42
US.C. § 2000e-1(a); 42 U.S.C. § 12113(d)(1) and (d)(2); the First Amendment of
the U.S. Constitution; the Religious Freedom Restoration Act of 1993, 107 Stat.
1488, 42 U.S.C. § 2000bb et seq.; A.R.S. § 41-1493 et seq.; and A.R.S. § 41-1462.

Right to Refuse Assistance. In addition to the right to terminate this Agreement pursuant
to Section 26 of this Agreement, the City also reserves the right to refuse, terminate, or
suspend assistance or accounts to an individual, company, or Subrecipient, if the City
believes that conduct or actions violate applicable law, is harmful to the interests of the
City and its affiliates. Legal counsel will be consulted before such action is undertaken
unless an emergency exists.

Safeguarding Participant Information. The use or disclosure by any Party of any

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information concerning an applicant for, or recipient of, services under this Agreement is
directly limited to the conduct of this Agreement. Subrecipient shall safeguard the

confidentiality of this information. Subrecipient shall include a clause to this effect in all
subcontracts.

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16.

17.

18.

19.

20.

E-Verify Records and Audits. To the extent applicable under A.R.S. §41-4401, the
Subrecipient warrants its compliance and that of its subcontractor with all federal
immigration laws and regulations that relate to their employees and compliance with the
E-Verify requirements under A.R.S. §23-214(A). The Subrecipient or subcontractor’s
breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The
City retains the legal right to randomly inspect the papers and records of the other party to
ensure that the other party is complying with the above-mentioned warranty. The
Subrecipient warrants to keep their respective papers and records open for random
inspection during normal business hours by the City. The Subrecipient shall cooperate with
the City’s random inspections, including granting the City entry rights onto their respective
properties to perform the random inspections and waiving their respective rights to keep
such papers and records confidential.

Lobbying.

17.1 No federal appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or
employee of an agency, a member of Congress, an officer or employee of Congress
or an employee of a member of Congress in connection with the awarding of any
federal Agreement, the making of any federal grant, the entering into of an
Agreement, and the extension, continuation, renewal, amendment or modification
of any federal contract or grant.

17.2 Ifany funds, other than federal appropriated funds, have been or will be paid to any
person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with any federal contract or grant, the
Subrecipient shall complete OMB Form-LLL, “Disclosure of Lobbying Activities”
in accordance with 31 USC §1352.

Religious Activities. The Subrecipient agrees that none of its costs and none of the costs
incurred by any vendor paid for from the federal funds will include any expense for any
religious activity; including, but not limited to, worship, religious instruction, or
proselytization.

Political Activities. None of the funds, materials, property, or services contributed by the
City or the Subrecipient under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office.

Indemnification and Hold Harmless.

20.1 Should Subrecipient perform any work knowing it to be contrary to the applicable
laws, ordinances, rules, or regulations it will assume full responsibility for the on-
going compliance and bear all costs, fees, or penalties resulting therefrom.
Subrecipient shall be solely responsible for all damages to persons or property that
occur as a result of negligence or fault of the Subrecipient in connection with the
performance of the Activity pursuant to this Agreement.

20.2 Subrecipient will indemnify, defend, and hold harmless the City, and its elected
officials, agents, and employees, hereinafter collectively referred to as City, from
all claims and suits, actions, loss, damage, expense, costs, or claims, of any

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21.

22.

23.

24,

character or any nature, including attorneys’ fees and costs of litigation, which
arises out of any act or omission, or work done in fulfillment of the terms of this
Agreement or an account of any act, omission, claim or amount arising or recovered
under Workmen’s Compensation Law or arising out of the failure of the
Subrecipient or those acting under the Subrecipient to conform to any statutes,
ordinances, regulations, law, or court decree.

20.3 It is the intent of the parties to this Agreement that the City, its elected officials,
agents, and employees will, in all instances, except for loss or damage resulting
from the sole negligence of the City, be indemnified against all liability, loss, or
damage of any nature whatever for or on account of any injuries to or death of
person or damages to or destruction of property belonging to any person arising out
of or in any way connected with the performance of this Agreement, regardless of
whether or not the liability, loss or damage is caused in part by, or alleged to be
caused in part by, but not solely, the negligence or fault of the City. It is agreed that
the Subrecipient will be responsible for primary loss investigation, defense, and
judgment costs where this Agreement of indemnity applies.

Conflicting Provisions. If Subrecipient discovers that any of the Agreement documents
are in conflict with any laws, statutes, ordinances, rules, building codes, regulations or
lawful orders of a public authority, Subrecipient will promptly notify the City, in writing,
of such conflict, specifying any necessary changes to the Agreement documents or work to
eliminate the conflict.

Insurance.

22.1 Subrecipient has provided evidence of insurance as Exhibit E, Insurance
Certificate. Subrecipient shall ensure that this insurance remains in effect for the
entire term of this Agreement. Subrecipient will submit a certificate demonstrating
insurance with the same or greater coverage limits has been renewed or otherwise
obtained if the policy or certificate appended as Exhibit E expires prior to the
conclusion of the term of this Agreement.

22.2 The City will be named in all insurance policies specifically relating to the Activity
as anamed insured and as an additional named insured in all other required policies.

22.3 Required certificates of insurance must provide for a 30-day notice to the City prior
to the effectiveness of any cancellation, non-renewal, or material change.

22.4 Subrecipient shall comply with the insurance and bonding requirements of 24
C.F.R. 84.31 and 84.48, Bonding and Insurance.

Amendments. This Agreement may be amended upon the consent of both parties. All
amendments to this Agreement shall be in writing, signed by authorized signers for both
parties. Amendments must be requested at least sixty (60) days prior to Agreement
expiration.

Administrative Change Orders. Only revisions to the line items in the Subrecipient’s
budget that do not affect the overall funding amount, may be amended at the written request
of the Subrecipient. The Grant Administrator will review and make the final determination
on the requested changes within 30-days of receipt. Changes or revisions to the line items

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25.

26.

in the Subrecipient budget that exceed the overall funding amounts are void and disallowed.

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 City. The Subrecipient shall bear all liability under this
Agreement, even if it is assigned, delegated or subcontracted, in whole or in part, unless
the City agrees, in writing, or otherwise.

Termination; Suspension.

26.1

26.2

26.3

26.4

26.5

26.6

In accordance with 24 C.F.R. §85.43, the City may suspend or terminate this
Agreement without providing notice and/or opportunity to cure, and take other
remedies legally available including a refund of previously tendered Funds, should
Subrecipient violate or fails to comply with any terms or conditions of this
Agreement, which include (but are not limited to) the following:

a. Failure to comply with any of the rules, regulations or provisions referred
to herein, or such statutes, regulations, executive orders, and HUD
guidelines, policies or directives as may become applicable at any time;

b. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement;

Ineffective or improper use of funds provided under this Agreement; or

d. Submission by the Subrecipient to the City reports that are incorrect or
incomplete in any material respect.

Notwithstanding this section, the City’s decision to waive or defer compliance with
any term or condition of the Subrecipient’s required performance under this
Agreement does not act, nor will it be deemed or interpreted to act as, a waiver or
deferment of the City’s right to terminate and to receive its refund based upon the
Subrecipient’s non-compliance with any term or condition of this Agreement or
subsequent non-compliance with the same term and condition.

The City or Subrecipient may terminate this Agreement for convenience without
cause upon a 30-day notice. The party initiating the termination will notify the other
party in writing stating the reasons for such termination.

In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by the Subrecipient under this Agreement shall, at the option of
the City, become the property of the City, and the Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination.

The City many suspend this Agreement, in whole or in part, if the Subrecipient
materially fails to comply with any term of this Agreement, or with any of the rules,
regulations or provisions referred to herein.

This Agreement is subject to the provisions of A.R.S. §38-511 and may be canceled
without penalty or further obligation by the City if any person significantly
involved in initiating, negotiating, securing, drafting, or creating this Agreement on

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27.

28.

29.

30.

behalf of the City is, at any time while this Agreement or any extension thereof is
in effect, an employee or agent of any other party to this Agreement in any capacity
or consultant to any other party of this Agreement with respect to the subject matter
of this Agreement.

Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement,
or the breach thereof, shall be settled by arbitration administered according to the current
American Arbitration Association’s Commercial Arbitration Rules, and judgment on the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

General Provisions.

28.1 This Agreement supersedes any and all other Agreements or understandings, either
oral or in writing, between the parties hereto and contains all the covenants and
Agreements between the parties with respect to such employment in any manner
whatsoever.

28.2 Each party to this Agreement acknowledges that no representations, inducements,
promises or Agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein, and that no
other Agreement or amendment hereto will be effective unless executed in writing
and signed by both the City and Subrecipient.

28.3 Both parties acknowledge that no member of the governing body of the City or any
employee of the City who exercises any functions or responsibilities in connection
with the carrying out of the Activity to which this Agreement pertains has any
personal interest direct or indirect in this Agreement.

28.4 This Agreement will be governed by and construed in accordance with the laws of
the State of Arizona and all applicable federal laws and regulations.

28.5 The invalidity in whole or in part of any provision of this Agreement will not void
or affect the validity of any other provision of this Agreement.

28.6 The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this
Agreement.

Close-out. The Subrecipient’s obligation to the City shall not end until all close-out
requirements are completed per 2 CFR 200 Subpart D, 24 CFR 570.502 and 24 CFR
570.509. Activities during this close-out period shall include, but are not limited to: making
final payments, disposing of program assets (including the return of all unused materials,
real property, equipment, unspent cash advances, Program Income balances, and accounts
receivable to the City), submitting all reports and documentation, compliance with all
monitoring visits by the City, HUD or its designee, and determining the custodianship of
records. The terms of this Agreement shall remain in effect during any period that the
Subrecipient has control over CDBG funds, including Program Income, and until the close-
out activities and requirements are completed in IDIS. The City will send the subrecipient
a close-out letter once all close put requirements have been met.

Notices. It is hereby agreed that subsequent to the execution of this Agreement, the
Community Revitalization Division of the City of Glendale will represent the City in the
administration of this Agreement. All notices required or permitted to be given under this

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30.

Agreement may be personally delivered or mailed by certified mail, return receipt
requested, postage prepaid, to the following addresses:

To City:

With a copy to:

To Subrecipient:

City Manager

City of Glendale

5850 West Glendale Avenue
Glendale, Arizona 85301

Community Revitalization
City of Glendale

5850 West Glendale Avenue
Glendale, Arizona 85301

City Attorney

City of Glendale

5850 West Glendale Avenue
Glendale, Arizona 85301

Exhibits. The following exhibits are incorporated by this reference:

Exhibit A: Scope of Activity

a.
b.

me go

Exhibit B: Billing and Reporting Information
Exhibit C: Federal Laws and Regulations

Exhibit D: Income Limits
Exhibit E: Insurance Certificate
Exhibit F: Certifications

(Signatures appear on following page.)

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IN WITNESS WHEREOF, all parties concerned acknowledge that they have read, understand,
approve, and accept all of the provisions of this Agreement.

ATTEST:

Julie K. Bower (SEAL)
City Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

CITY OF GLENDALE, an Arizona
municipal corporation

By: Kevin Phelps
Its: City Manager

Phoenix Gospel Mission
dba Phoenix Rescue Mission,

an Arizona non-profit-corporation
on ae,

By: Aafl70. Spl)

Its: Chlof Fiegaad: OkKeom

08/30/2023

EXHIBITA
SCOPE OF ACTIVITY
PUBLIC SERVICES

FY 2024-2025

Subrecipient Name.
1, Federal Tax ID No.: 86-6057771
2. Unique Entity ID: JIMLPMK45JKL6
3. CFDA No.: 14.218

Activity Name. Phoenix Gospel Mission, Inc. dba Phoenix Rescue Mission
(“Subrecipient”) will be responsible for administering the Heat Relief Services
(“Activity”) in a manner satisfactory to the City of Glendale (“City”), and consistent with
any standards required by Community Development Block Grant (“CDBG”) as a condition
of providing these funds.

Activity Description. Case management services for individuals or families or other
vulnerable populations at risk for heat-related illness or death who would like to take refuge at
a respite center.

Address/Specific Location of the Proposed Activity.
e Glendale Mission & Ministry Center, 6242 N 59th Avenue
e St. John’s Lutheran Church, 7205 N 51st Avenue

Geographical Service Area of Activity. If the proposed activity does not provide benefit
on a “citywide” basis, provide address, census tract(s), block group(s), and zip code(s) of
the proposed activity service area. 85301

National Objectives. All activities funded with CDBG funds must meet one of the U.S.
Department of Housing & Urban Development (“HUD”) National Objectives:

x] NATIONAL OBJECTIVE #1 — To benefit low and moderate-income persons.

LJ NATIONAL OBJECTIVE #2 — To aid in the prevention or elimination of slums or
blight.

CL] NATIONAL OBJECTIVE #3 — To meet community development needs having a
particular urgency as defined in 24 C.F.R. § 570.208.

Certifications. The Subrecipient certifies that the Activity carried out under the CDBG
Subrecipient Agreement (“Subrecipient Agreement”) will meet the National Objective by
providing: Heat relief services provided in a location that has been determined to serve clientele
that is primarily low- and moderate-income persons.

Levels of Accomplishment-Goals and Performance Measures. The Subrecipient agrees
to provide the following services:

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Unduplicated Service
Activity Units of Service Type City Residents/ Type
Service (describe) Households (persons,
Served households,
youth, etc.)
Heat Relief Each Case Management 100 Persons
Services Services
Client Eligibility.

For activities that fulfill the national objective of low-to-moderate income activities, HUD
national objective (24CFR 570.208), the Subrecipient must obtain and maintain client data
demonstrating client eligibility for services provided. Such data shall include, but not be
limited to, client name, address, household income level and all other basis for determining
eligibility. The income limitations are set by HUD annually.

1. Client eligibility or limited clientele determination will be documented by: Eligibility is
determined by location of active engagement at the respite centers that are primarily occupied
by low- and moderate-income persons. Case managers enter client information into HMIS
and Phoenix Rescue Mission’s internal database to record all services and engagements

with clients.

2. Client residency will be documented by: Location of active engagement with client or

self-certification of where they resided the night prior to seeking services.

Billing Information. CDBG funds will pay for: Case management overtime salaries and

supplies.

Subrecipient Staff Contact Information.

Application Point of Contact

Financial Point of Contact

Name: Jussane Goodman

Name: Paul Peralta

Title: Director of Community Engagement

Title: Accountant

Address: 1540 W. Van Buren Street

City, State, Zip: Phoenix, AZ 85007

Telephone No.: (602) 516-4551

Telephone No.: (602) 346-3354

Email: jgoodman@phxmission.org

Email: pperalta@phxmission.org

Program/Project Manager

CEO Point of Contact

Name: Jussane Goodman

Name: Nathan A. Smith

Title: Director of Community Engagement

Title: Chief Program Officer

Address: 1540 W. Van Buren Street

City, State, Zip: Phoenix, AZ 85007

08/30/2023

Telephone No.: (602) 516-4551

Telephone No.: (602) 346-3395

Email: jgoodman@phxmission.org

Email: nathansmith@phxmission.org

Key Program Staff

Ata minimum, the Subrecipient shall assign the following staff with the identified
responsibilities (“Key Program Staff’) to the identified activities:

Title/Name Hours Role Need to Hire
YorN
Street Outreach Case Overtime as needed {Case management N
Manager services
Street Outreach Case Overtime as needed {Case management N
Manager services
Estimated Activity Timeline.
Task Completion Date
Complete Environmental Review March 28, 2024
Identify/Qualify Client Ongoing

Initiate Activity

April 1, 2024

Provide Services

April 1, 2024 — October 31,2024

50% of program activity completed

September 1, 2024

Submit Monthly
Performance Reports

Reimbursements

& 15" of each month

Final Closeout and Reporting

December 31, 2024

08/30/2023

N. Budget

Agency: Phoenix Gospel Mission, Inc. dba Phoenix Rescue Mission
Community Development Block Grant
Total Project Budget FY 2024-2025
Line Item City of Amount Total Source of Leveraged
Description Glendale Leveraged Allocation Funds
Amount with Other
Funds
Salaries 35,000.00 NA 35,000.00
Fringe Benefits 8,015.00 NA 8,015.00
ERE 2,765.00 NA 2,765.00
Supplies 6,500.00 NA 6,500.00
| Total 52,280.00 NA 52,280.00
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EXHIBIT B
BILLING AND REPORTING INFORMATION
FY 2024-2025

Phoenix Gospel Mission, Inc. dba Phoenix Rescue Mission (“Subrecipient”) will be
responsible for billing costs incurred and results achieved under the Heat Relief Services
(“Activity”) consistent with any standards required by Community Development Block
Grant Program (“CDBG”) regulations as a condition of providing these funds.

Monthly Billings. Subrecipient will complete monthly billings in accordance with the
following requirements:

1.1 A letter requesting reimbursement of expenditures will be prepared on the
Subrecipient’s letterhead. The Subrecipient will use the content and format of the
letter prescribed by the City. This letter will be reviewed and signed by the
Subrecipient’s executive director (or other authorized signatory identified in this
Agreement). Reimbursement requests will be submitted on a MONTHLY basis.
(Note: City may approve exceptions for quarterly billings on a case-by-case basis.
Subrecipient will submit a written request and justification to support the need to
bill quarterly instead of monthly).

12 The Activity Budget spreadsheet summarizing monthly and year-to-date expenses
will be prepared and submitted with each request for reimbursement. This report
will also account for other resources utilized under this activity. The City will not
reimburse the Subrecipient without current and complete reporting submittals from
the Subrecipient.

1.3 Copies of all supporting documents must be submitted with the reimbursement
request. The Subrecipient will work closely with the activity liaison to establish the
specific documentation requirements for this Agreement. Examples of supporting
documentation, include copies of timesheets, pay stubs, mileage reports, invoices,
statements, receipts, etc.

14 The City’s reimbursement process may take up to 30-days to complete upon
acceptance by the City of all required documentation. If the reimbursement
procedures noted above are not followed correctly, the activity liaison may return
the reimbursement request to the Subrecipient for revisions or hold the request until
all reimbursement requirements have been met. This will delay the reimbursement
process.

Monthly Report on Accomplishments and Demographics.

2.1 A monthly demographic report on Glendale residents served, including
accomplishments and units of service delivered, will be submitted by the 15th of
the following month. Failure to file this demographic report timely will delay the
reimbursement process.

2.2 The City will provide the Subrecipient with the specific formats to be used for
reimbursement requests/performance reports. These formats will be used by the
Subrecipient unless otherwise authorized.

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