HUMAN SERVICES CAMPUS AGREEMENT.PDF
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Human Services Campus Agreement
CONTRACT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
HUMAN SERVICES CAMPUS, INC.
Contract No.: C-22-22-104-X-00
Contract Amount: $2,799,487
Contract Start Date: July 1, 2022
Contract Termination Date: June 30, 2024
UEI #: JLWWTRZSKKW9
1.0
PARTIES
1.1
This Contract is a financial Agreement (“Agreement”) between Human Services
Campus, LLC, a community based non-profit corporation (“Subrecipient”) and
Maricopa County administered by its Human Services Department, (“County”).
1.2
The Subrecipient and the County are collectively referred to as the “Parties” and
individually as a “Party.”
1.3
Maricopa County is authorized to enter into this Agreement under A.R.S. §§ 11-
201 and 11-254.04.
1.4
The Parties shall provide and perform as set forth in this Agreement. All rights and
obligations of the Parties shall be governed by the terms of this Agreement, its
exhibits, attachments, and appendices, including any Subcontracts, Amendments,
or Change Orders as set forth in this Agreement.
2.0
PURPOSE
The purpose of the Agreement is to provide emergency shelter services for
individuals/clients experiencing homelessness. The Subrecipient shall provide the
services identified in Attachment A: Projects Scope and Requirements.
3.0
FUNDING, INVOICING AND PAYMENTS
3.1
Funding is provided for five (5) project activities:
3.1.1 $69,056 Street to Home Coordinator;
3.1.2 $692,106 Hotel Shelter Case Management Operations;
3.1.3 $1,378,325 Weather Relief and Overflow Shelters;
3.1.4 $600,000 Emergency Shelter; and
3.1.5 $60,000 Administration and Compliance
3.2
Funding for the Agreement is provided under the following fund sources:
3.2.1 $692,106 Assistance Listing Numbers 21.027, American Rescue Plan Act,
Coronavirus State and Local Fiscal Recovery Funds.
3.2.2 $2,107,381 Maricopa County General funds allocated to the Human
Services Department.
3.3
Funding expenditures must be tracked separately for each project unless
agreed to by Maricopa County.
3.4
Invoices shall be submitted via email to hsdfinance@maricopa.gov.
3.5
The County shall reimburse the Contractor on a Net 0 payment standard.
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Human Services Campus Agreement
4.0
TERM OF AGREEMENT
4.1
The initial term of this Agreement is listed on page one of this Agreement.
4.2
This Agreement shall be effective upon approval and signature by both Parties.
4.3
The Agreement may be extended upon written agreement approved and signed
by both Parties. The Agreement may be extended as many times as is desirable,
but each extension may not exceed the duration of the previous agreement.
Contractor must provide notice of intent to renew (60) calendar days prior to the
end of the original or extended Agreement term, as applicable.
5.0
AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
6.0
ADMINISTRATIVE CHANGE ORDERS
6.1
Administrative Change Orders – The Chairman of the Board of Supervisors is
authorized upon the recommendation of the Human Services Department Director
and Legal Counsel to make changes within the general scope of the Agreement
on behalf of the County through Administrative Change Orders. Administrative
Change Orders shall be approved and fully executed by the Chairman of the Board
of Supervisors and the Subrecipient’s authorized Representative. Administrative
Change Orders may address any of the following areas:
6.1.1 Modifications to the project timeline if the last day of the project timeline is
within the Agreement term;
6.1.2 Modifications to Budget line items if the Agreement Amount remains
unchanged;
6.1.3 Modifications required by federal, state, or County regulations, ordinances,
or policies; and
6.1.4 Modifications to Administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by Department of
Treasury or local regulations, policies, or requirements.
6.2
It is the responsibility of the Contractor to ensure the latest documents are
consulted and followed.
7.0
TERMINATION
7.1
Under A.R.S. § 38-511, the County may cancel this Agreement without penalty or
further obligation within three years after execution of this Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of the County at any time while this Agreement or any
extension of this Agreement is in effect, is or becomes an employee or agent of any
other party to this Agreement in any capacity or consultant to any other party to this
Agreement with respect to the subject matter of this Agreement. Additionally,
pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or
due to any person significantly involved in initiating, negotiating, securing, drafting,
or creating this Agreement on behalf of the County from any other party to this
Agreement arising as the result of this Agreement. A cancellation notice made under
this Subparagraph shall be effective when the recipient receives a written notice of
cancellation unless the notice specifies a later date.
7.2
Either Party may terminate this Agreement at any time by giving the other Party at
least sixty (60) calendar days prior notice in writing (unless terminated by the County
under the Availability of Funds provision). The notice shall be given by either
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Human Services Campus Agreement
personal delivery or registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth on page 1 of this Agreement.
7.3
The County has the right to terminate this Agreement upon twenty-four (24) hour
notice when the County deems the health or welfare of the service recipients are
endangered or the Subrecipient’s noncompliance jeopardizes funding source
financial participation. If not terminated by one of the above methods, then this
Agreement will terminate upon the expiration of the Term of this Agreement stated
on page 1 of this Agreement.
7.4
In accordance with 2 C.F.R. §§ 200.340, et seq., the County may suspend or
terminate this Agreement if the Subrecipient violates any term or condition of this
Agreement or if the Subrecipient fails to maintain a good-faith effort to carry out the
purpose of this Agreement.
7.5
The Parties may terminate this Agreement for convenience in accordance with 2
C.F.R. § 200.340. The Parties shall agree upon the termination conditions including
the effective date of the termination. The Party initiating the termination shall notify
the other Parties in writing stating the reasons for such termination.
7.6
See also Section 8.0 (Availability of Funds) for additional termination provisions.
7.7
If not terminated or cancelled under one of the above terms, then this Agreement
shall terminate on the Termination Date.
8.0
AVAILABILITY OF FUNDS
8.1
The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for compensating the Subrecipient, as provided
herein, are actually available to the County for disbursement. Notwithstanding any
other provision in this Agreement, every payment obligation of the Parties under
this Agreement is conditioned upon the availability of funds appropriated and
allocated for the payment of such obligation. If funds are not appropriated, allocated
and available or if the appropriation is changed by the appropriating body resulting
in funds no longer being available for the continuance of this Agreement, this
Agreement may be terminated by the affected Party or any other affected agency
of the County or state at the end of the period for which funds are available. No
liability shall accrue to the affected Party or any other affected agency of the County
or state in the event this provision is exercised, and neither the affected Party nor
any other affected agency of the County or state shall be obligated or liable for any
future payments or for any damages due to termination under this paragraph.
8.2
The County shall be the sole authority in determining the availability of funds under
this Agreement and the County shall keep the Subrecipient fully informed as to the
availability of funds.
8.3
If any action is taken by any state agency, federal department or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligation under, or
in connection with this agreement, then the County may amend, suspend, decrease
or terminate its obligations under or in connection with this Agreement. In the event
of termination, the County 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 County shall give
written notice of the effective date of any suspension, amendment, or termination
under this section at least ten (10) calendar days in advance.
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Human Services Campus Agreement
9.0
SYSTEM FOR AWARD MANAGEMENT
The Subrecipients must remain current in the System for Award Management (SAM)
www.sam.gov/SAM/ (database of basic business information for subrecipients and
contractors that receive federal funds) throughout the term of the Agreement.
10.0
EMPLOYMENT DISCLAIMER
10.1
This Agreement 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 between the Parties, and the rights and
obligations of the Parties shall be only those expressly set forth in this Agreement.
10.2
Each Party agrees that no individual performing under this Agreement on behalf
of the Party may be considered an agent, employee, or representative of the other
Party, and that no rights reserved for a Party shall accrue to or apply to any such
individual operating on behalf of the other Party. Each Party 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 each Party’s own agents, employees, or representatives.
11.0
BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY
11.1
The Subrecipient shall comply with A.R.S. § 8-804 (as may be amended) and
hereby incorporated in its entirety as provisions of the Agreement.
11.2
The Subrecipient shall make available valid Background Check information to
County upon request.
12.0
FINGERPRINTING
12.1
The Subrecipient shall comply with, and shall ensure that all Subrecipient’s
employees, independent contractor, subcontractors, volunteers, and other agents
comply with, all applicable (current and future) legal requirements relating to
fingerprinting, fingerprinting clearance cards, certification regarding pending or
past criminal matters, and criminal records checks that relate to contract
performance.
12.2
Applicable legal requirements relating to fingerprinting, certification, and criminal
background checks may include, but not limited, to the following: A.R.S. § 36-
594.01, 36-3008, 41-1964, and 46-141. All applicable legal requirements relating
to fingerprinting, fingerprint clearance cards, certification regarding pending or past
criminal matters, and criminal records checks are hereby incorporated in their
entirety as provisions of this Contract.
12.3
The Subrecipient is responsible for knowing which legal requirements relating to
fingerprinting, fingerprint clearance cards, certifications regarding pending or past
criminal matters, and criminal records checks relate to contract performance.
12.4
The Subrecipient shall make available valid Fingerprint information to County upon
request.
13.0
CONFIDENTIAL INFORMATION
13.1
Any information obtained in the course of performing this Agreement may include
information that is proprietary or confidential to the County. This provision
establishes the Subrecipient’s obligation regarding such information.
13.2
The Subrecipient shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained from
the County or from others in carrying out its functions (services) under the
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Human Services Campus Agreement
Agreement shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the Agreement. The
Subrecipient’s procedures and controls at a minimum must be the same procedures
and controls it uses to protect its own proprietary or confidential information. If, at
any time during the duration of the Agreement, the County determines that the
procedures and controls in place are not adequate, the Subrecipient shall institute
any new and/or additional measures requested by the County within fifteen (15)
calendar days of the written request to do so.
13.3
Any requests to the Subrecipient for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
14.0
SAFEGUARDING OF PARTICIPANT INFORMATION
14.1
The Subrecipient shall observe and abide by all applicable State of Arizona and
federal statues, rules and regulations regarding the use or disclosure of information
including, but not limited to, information concerning applicants for and recipients of
contracted services. To the extent permitted by law, the Subrecipient shall release
information to the County, and to the Attorney’s General’s Office as required by the
terms of this Agreement, by law or upon their request.
14.2
The Subrecipient shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. § 41-161 et. seq. The County will advise the
Subrecipient as to applicable policies and procedures adopted for such compliance.
14.3
The use or disclosure by any Party of any information concerning an applicant for,
or recipient of, services under this Agreement is directly limited to the conduct of this
Agreement. The Subrecipient and its agents shall safeguard the confidentiality of
this information, just as the Contractor would safeguard its own confidential
information. The Subrecipient shall include a clause to this effect in all subcontracts
related to this Agreement.
15.0
RIGHTS IN DATA
The Parties shall have the use of all project data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable
regulation. Each Party shall supply to the other Party, upon request, any available
information that is relevant to this Agreement and to the performance hereunder.
16.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
16.1
The County will monitor the Subrecipient's compliance with, and performance under,
the terms and conditions of this Agreement and the applicable federal regulations.
On-site visits for compliance monitoring may be made by the County and its grantor
agencies (or both the County and its grantor agencies) at any time during the
Subrecipient's normal business hours, announced or unannounced. During an on-
site visit, the Subrecipient shall make all of its records and accounts related to work
performed or services provided under this Agreement available to the County for
inspection and copying.
16.2
The County shall request information for fiscal monitoring/audit per Office of
Management and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
16.2.1 Financial Management 2 C.F.R. § 200.302
16.2.2 Internal Controls 2 C.F.R. § 200.303
16.2.3 Bonds 2 C.F.R. § 200.304
16.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
16.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
16.2.6 Program Income 2 C.F.R. § 200.307
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16.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
16.2.8 Period of Performance 2 C.F.R. § 200.309
16.2.9 Insurance Coverage 2 C.F.R. § 200.310
16.2.10Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
16.2.11Procurement Standards 2 C.F.R. § 200.318
16.2.12Indirect Costs 2 C.F.R. § 200.414
16.2.13Compensation-Personal Services 2 C.F.R. § 200.430
16.2.14Audit Requirements 2 C.F.R. §§ 200.501-200.517
17.0
SINGLE AUDIT ACT REQUIREMENTS
17.1
The Subrecipient is in receipt of federal funds through the County and is subject to
the federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L.
No. 98-502) (codified at 31 U.S.C. § 7501, et seq.). The Subrecipient shall comply
with 2 C.F.R. 200, Subpart F. Upon completion, such audits shall be made available
for public inspection. Audits shall be submitted to the County within the twelve (12)
months following the close of the fiscal year. The Subrecipient shall take corrective
actions within six (6) months of the date of receipt of audit findings. The County shall
consider sanctions as described in 2 C.F.R. § 200.505 if it is determined by the
County that the Subrecipient is not in -compliance with the audit requirements.
17.2
The Subrecipient shall submit no later than July 15th the following documents:
17.2.1 Audited financial statements from the previous year.
17.2.2 Tax form 990 from the previous year
18.0
NOTICES
For Maricopa County Human Services Department:
TJ Reed
Homelessness Programs Manager
Housing and Community Development
TJ.Reed@Maricopa.gov
602-372-7056
234 N. Central Avenue, 3rd Floor
Phoenix, Arizona 85004
For Contractor:
Amy Schwabenlender
Executive Director
Amys@hsc-az.org
602 281 8628
204 S 12th Avenue
Phoenix, Arizona 85007-3101
19.0
NON-LIABILITY
The County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, and commissions shall not be liable for any act
or omission by the Subrecipient or any and all of its agents, representatives, officials,
officers,
directors,
employees,
volunteers,
agencies,
boards,
commissions,
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, Subcontract, or
agreements made by the Subrecipient or any and all of its agents, representatives, officials,
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officers,
directors,
employees,
volunteers,
agencies,
boards,
commissions,
or
subcontractors in connection with this Agreement.
20.0
INDEMNIFICATION
To the extent permitted by law, the Subrecipient shall, and shall cause any of its
Subcontractors to, indemnify, defend save and hold harmless the County, any jurisdiction
or agency issuing any permits for any work arising out of this Agreement, and their
respective agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions (hereinafter referred to as “Indemnitee”)
from and against any and all claims, demands, actions, liabilities, damages, losses,
judgments, or expenses (including court costs, attorney and expert fees, and costs of
claim processing, investigation, and litigation) (hereinafter referred to as “Claims”): A.) that
either directly or indirectly are caused by, arise from, or relate to breach of this Agreement
by the Subrecipient and any of its Subcontractors, or any and all agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies, boards, or
commissions of the Subrecipient and any of its Subcontractors; and B.) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused by, arise from, or relate to, in whole or in part, the
negligent or willful acts or omissions of the Subrecipient or any of its Subcontractors, or
any and all agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions of the Subrecipient and of any
Subcontractors. This indemnity includes any claim or amount arising out of or recovered
under the Worker’s Compensation Law or arising out of the failure of the Subrecipient or
any of its Subcontractors to conform to any federal, state or local law, statute, ordinance,
rule, regulation or court decree. It is the specific intention of the Parties that the Indemnitee
shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by the Subrecipient and any of its
Subcontractors from and against any and all claims. It is agreed that the Subrecipient and
any of its Subcontractors will be responsible for primary loss investigation, defense, and
judgment costs where this indemnification is applicable.
21.0
INSURANCE
21.1
The Subrecipient shall and shall cause any of its subcontractors to purchase and
maintain the minimum insurance stipulated in this Agreement from a company or
companies duly licensed by the State of Arizona and possessing a current A.M.
Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the stipulated
insurance may be purchased from a company that is or companies that are
authorized to do business in the State of Arizona, provided that such insurance
company is or companies meet the approval of the County. The form of any
insurance policies and forms must be acceptable to the County.
21.2
All insurance required under this Agreement shall be maintained in full force and
effect until all work or service required to be performed under the terms of this
Agreement is satisfactorily completed and formally accepted. Failure to do so may,
at the sole discretion of the County, constitute a material breach of this Agreement.
21.3
The Subrecipient’s insurance shall be primary insurance as respects the County,
and any insurance or self-insurance maintained by the County shall not contribute
to it.
21.4
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect the County.
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Human Services Campus Agreement
21.5
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible or self-insured retentions shall not be
applicable with respect to the coverage provided to the County under those
policies. The Subrecipient shall be solely responsible for the deductible and/or self-
insured retention and the County, at its option, may require the Subrecipient to
secure payment of such deductibles or self-insured retentions by a surety bond or
an irrevocable and unconditional letter of credit.
21.6
The County reserves the right to request and to receive, within ten (10) working
days, certified copies of any or all of the insurance certificates required under this
Agreement. The County shall not be obligated to review policies or endorsements
or to advise the Subrecipient of any deficiencies in such policies and
endorsements, and such receipt shall not relieve the Subrecipient from, or be
deemed a waiver of, the County’s right to insist on strict fulfillment of the
Subrecipient’s obligations under this Agreement.
21.7
The insurance policies required by this Agreement, except Workers’
Compensation, shall name the County and its agents, representatives, officers,
officials, directors, employees, volunteers, departments, agencies, boards,
committees, and commissions as Additional Insureds.
21.8
The policies required under this Agreement, except Workers’ Compensation, shall
contain a waiver of transfer of rights of recovery (subrogation) against the County,
its agents, representatives, officers, officials, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions for any claims
arising out of the Subrecipient’s work or service.
21.9
The Subrecipient’s policies shall stipulate that the insurance afforded the
Subrecipient shall be primary insurance and that any insurance carried by the
County and its agents, representatives, officers, officials, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions shall
be excess and not contributory insurance, as provided by state (see A.R.S. § 41-
621).
21.10 Coverage provided by the Subrecipient shall not be limited to the liability assumed
under the indemnification provisions of this Agreement.
21.11 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, and $2,000,000 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 that would serve to limit third party
action over claims. There shall be no endorsements or modifications of the CGL
limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
21.12 Workers’ Compensation: Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of the Subrecipient’s
employees engaged in the performance of the work or services under this
Agreement; 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.
21.13 The Subrecipient waives all rights against the County and its agents,
representatives, officers, officials, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions for recovery of damages to the
extent these damages are covered by the Workers’ Compensation and Employer’s
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Human Services Campus Agreement
Liability or commercial umbrella liability insurance obtained by the Subrecipient
pursuant to this Agreement.
21.14 Sexual Molestation and Physical Abuse: When services involve working with these
groups of individuals, the insurance requirements in this Agreement need to be
revised to include coverage for "sexual molestation and physical abuse." Coverage
for this type of claim, or allegation, is excluded from standard general liability
policies. Therefore, the Subrecipient whose services include working with or caring
for (or both) children, elderly persons, and disabled persons should have those
policies specifically endorsed to include this coverage.
21.15 Coverage for this type of claim, or allegation, is excluded from standard general
liability policies. Therefore, sub (contractors) whose services include working with
or caring for (or both) children, elderly persons, and disabled persons should have
those policies specifically endorsed to include this coverage.
21.16 Commercial General Liability – Occurrence Form: Policy shall include bodily injury,
property damage, and broad form contractual liability coverage.
21.17 The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation. 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 Subrecipient".
21.18 Minimum Limits:
General Aggregate
$2,000,000
Each Occurrence Limit
$1,000,000
Sexual Abuse/Molestation
$1,000,000
21.19 Certificates of Insurance: Upon Agreement execution, the Subrecipient shall
furnish the County with valid and complete certificates of insurance or formal
endorsements as required by the Agreement, issued by the Subrecipient’s
insurer(s), as evidence that policies providing the required coverage, conditions
and limits required by this Agreement are in full force and effect. Such certificates
shall identify this Agreement number and title.
21.20 Prior to commencing work or services under this Agreement, the Subrecipient shall
have insurance in effect as required by the Agreement in the form provided by the
County, issued by the Subrecipient’s insurer(s), as evidence that policies providing
the required coverage, conditions and limits required by this Agreement are in full
force and effect. Such certificates shall be made available to the County upon ten
(10)
business
days.
BY
SIGNING
THE
AGREEMENT
PAGE,
THE
SUBRECIPIENT AGREES TO THIS REQUIREMENT AND FAILURE TO MEET
THIS REQUIREMENT WILL RESULT IN CANCELLATION OF AGREEMENT.
21.21 In the event any insurance policy(ies) required by this Agreement is (are) written
on a “claims made” basis, coverage shall extend for two years past completion and
acceptance of the Subrecipient’s work or services and as evidenced by annual
Certificates of Insurance.
21.22 If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
21.23 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.
21.24 If the Subrecipient provides professional or semi-professional personal services
under this agreement for which malpractice or professional liability coverage is
available, such as medical, psychiatric, or legal services, Subrecipient shall carry
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Human Services Campus Agreement
minimum liability coverage of $2,000,000 each occurrence and provide the County
with proof of coverage.
21.25 Subcontractors: The Subrecipient’s certificate(s) shall include all subcontractors
as insureds under its policies or Subrecipient shall furnish to Maricopa County
separate certificates for each subcontractor. All coverages for subcontractors shall
be subject to the minimum requirements identified above.
21.26 Approval: Any modification or variation from the insurance requirements in any
Agreement must have prior approval from the County whose decision shall be final.
Such action will not require a formal Agreement amendment, but may be made by
administrative action.
22.0
DISPUTES
22.1
Except as may otherwise be provided for in this Agreement, the Parties may attempt
to informally resolve any dispute arising out of this Agreement for a reasonable
period of time, which shall not exceed one hundred twenty (120) calendar days.
Disputes which are not resolved in that time period, shall be submitted in accordance
with the following formal dispute resolution process.
22.2
If a dispute cannot be resolved informally, then the Subrecipient shall notify the
Department in writing by mailing notice of the dispute to the Director within ten (10)
business days from expiration of the informal dispute resolution process described
in Subparagraph 18.1 above.
22.3
The Director shall respond in writing to the Subrecipient within fourteen (14)
business days. The decision of the Director shall be final and conclusive unless,
within seven (7) business days after the date the Subrecipient is served with the
decision, the Subrecipient files a written notice of appeal with the Human Services
Department Director.
22.4
The Human Services Department Director shall provide the Subrecipient with a
written response within fourteen (14) business days following receipt of the notice of
appeal. The decision of the Director shall be final and not appealable.
22.5
Pending a final decision of the Director, the Subrecipient shall diligently proceed with
its performance of this Agreement in accordance with the Director’s decision.
23.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
23.1
Notwithstanding anything to the contrary, this Paragraph shall not be deleted or
superseded by any other Paragraph of this Agreement.
23.2
This Agreement may be immediately terminated by the County if the Subrecipient
defaults by failing to perform any objective or breaches any obligation under this
Agreement, or any event occurs that jeopardizes the Subrecipient’s ability to
perform any of its obligations under this Agreement. The County reserves the right
to have service provided by persons other than the Subrecipient if the Subrecipient
is unable or fails to provide required services within the specified time frame in the
work statement.
23.3
Failure to comply with the requirements of this Agreement and all the applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just
compensation for work satisfactorily completed that, to date, has not been paid),
the reimbursement of funds improperly expended, or the recovery of funds
improperly acquired. Noncompliance includes, but is not limited to:
23.3.1 Non-performance of any obligations required by this Agreement.
23.3.2 Noncompliance with any applicable federal, state, or local laws, rules or
regulations, including guidelines, policies, or directives.
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Human Services Campus Agreement
23.3.3 Unauthorized expenditure of funds.
23.3.4 Improper disposition of program income.
23.3.5 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB Uniform Guidance 2 C.F.R. §
200.
23.3.6 Noncompliance with recordkeeping, record retention, or reporting
requirements.
23.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the Subrecipient shall, without
intent to limit or with restrictions, be subject to the following:
23.4.1 All awards of funding shall be immediately revoked, and any approvals
related to the project described in the Work Statement shall be deemed
revoked and canceled. Thereby, any entitlements to compensation after
suspension or termination of this Agreement are similarly revoked and
unavailable.
23.4.2 Not be relieved of any liability or responsibility associated with the Work
Statement.
23.4.3 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the Subrecipient at the time of
suspension or termination, or that may accrue later. Nothing herein shall
be construed to limit or terminate any right or remedy available under
Agreement or rule.
23.4.4 Waiver of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall not
operate as a waiver of any subsequent breach of the same or any other
term, covenant, condition, law, rule, or regulation.
23.4.5 The Subrecipient shall, upon notice or with knowledge obtained by itself or
others, take any and all proactive actions necessary, and provide any and
all applicable remedies to address and correct any act by itself, and any
and all of its agents, representatives, officers, officials, directors,
employees, volunteers, successors, assigns, or Subcontractors that
resulted in any wrongdoing (intentional or unintentional); misuse or
misappropriation of funds; the incorrect or improper disposition of funds;
any violation of any federal, state, or local law, rule, or regulation; or the
breach of any certification or warranty provided in this Agreement.
24.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
24.1
The undersigned, by signing this Agreement, represents that he or she has the
authority to bind the Subrecipient to the terms of this Certification. The Subrecipient
certifies to the best of its knowledge and belief that it and its principals:
24.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
23.1.1 Have not within a 3-year period preceding the Agreement Start Date, been
convicted of or had a civil judgment rendered against them for (1) the
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; (2) the violation of any
federal or State antitrust statutes, or (3) the commission of embezzlement,
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Human Services Campus Agreement
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
24.1.2 Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, State, or local) with commission of any of the
offenses enumerated in subparagraph 24.1.2 above (2) of this certification;
24.1.3 Have not, within a 3-year period preceding this Agreement, had one or more
public transactions (federal, state, or local) terminated for cause or default;
24.2
Shall immediately notify the County if, at any time during the term of this Agreement,
it is debarred, suspended, declared ineligible, or voluntarily excluded from
participation. The County may pursue available remedies in the event of such
occurrence, including immediate termination of this Agreement; and
24.3
The Subrecipient shall include, without modification, this clause in all lower tier
covered transactions (i.e., transactions with Subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
25.0
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
25.1
By entering into the Agreement, the Contractor warrants compliance with the
Federal Immigration and Nationality Act (FINA using E-verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. §23-214(A). The Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to Maricopa
County upon request. These warranties shall remain in effect through the term of
the Agreement. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform
and Control Act of 1986, as amended from time to time, for all employees performing
work under the Agreement and verify employee compliance using the E-verify
system and shall keep a record of the verification for the duration of the employee’s
employment or at least three (3) years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
25.2
The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Agreement to verify compliance with
paragraph 30.1 of this Section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the Contractor and may pursue any and all
remedies allowed by law, including, but not limited to; suspension of work,
termination of the Agreement for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
26.0
SUSPENSION OF WORK
The County may order the Subrecipient, in writing, to suspend, delay, or interrupt all or
any part of the work of this Agreement for the period of time that the County determines
appropriate for the convenience of the County. No adjustment shall be made under this
clause for any suspension, delay, or interruption to the extent that performance would
have been so suspended, delayed, or interrupted by any other cause, including the fault
or negligence of the Subrecipient. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
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Human Services Campus Agreement
after the termination of the suspension, delay, or interruption, but not later than the date
of final payment under the Agreement.
27.0
STOP WORK ORDER
27.1
The County, at any time, by written order to the Subrecipient, require the
Subrecipient to stop all, or any part, of the work called for by this Agreement for a
period of 90 calendar days after the order is delivered to the Subrecipient, and for
any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Subrecipient shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Subrecipient, or within any extension of that
period to which the Parties shall have agreed, the County shall either:
27.1.1 cancel the stop work order; or
27.1.2 terminate the work covered by the order as provided in the Termination for
Default or the Termination for Convenience clause of this Agreement.
27.2
The County may make an equitable adjustment in the delivery schedule and/or
agreement price, and the agreement shall be modified, in writing, accordingly, if
the Subrecipient demonstrates that the stop work order resulted in an increase in
costs to the Subrecipient.
28.0
COMPLIANCE WITH APPLICABLE LAWS
The Subrecipient shall comply with all applicable federal, state, and local laws, rules,
regulations, executive orders, and court orders without limitation to those designated in
this Agreement.
29.0
DRUG FREE WORKPLACE ACT
The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C.
§§ 701, et seq.), which requires that the Subrecipient and grantees of federal funds must
certify that they will provide drug-free workplaces that comply with federal law. This
certification is a precondition to receiving a grant or entering into this Agreement.
30.0
LOBBYING
30.1
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 any 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 making of any federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal agreement, grant,
loan, or cooperative agreement.
30.2
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
agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with any federal agreement, grant, loan or
cooperative agreement, then the Subrecipient shall complete and submit OMB
Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its
instructions and 31 U.S.C. § 1352.
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Human Services Campus Agreement
31.0
CLEAN AIR ACT & CLEAN WATER ACT
To the extent applicable, the Subrecipient shall comply with all applicable standards, orders,
or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section
508 of the Clean Water Act (33 U.S.C. §§1368, et seq.) Executive Order 11738, and
Environmental Protection Agency regulations (40 C.F.R. Part 15).
32.0
RELIGIOUS ACTIVITIES
The Subrecipient warrants that none of its costs and none of the costs incurred by any
subcontractor will include any expense for any religious activity.
33.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County 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.
34.0
PROPERTY
34.1
Any County property furnished or purchased pursuant to the terms of this Agreement
shall be utilized, maintained, repaired, and accounted for in accordance with
instructions furnished by the County, and title to all such property shall revert to the
County upon the expiration or termination of this Agreement. The costs to repair
such property are the responsibility of the Subrecipient within the limits budgeted in
this Agreement.
34.2
Any Subrecipient property furnished or purchased pursuant to the terms of the
Agreement shall be utilized, maintained, repaired, and accounted for by the
Subrecipient. Repair costs of such property shall be the responsibility of the
Subrecipient.
34.3
The Subrecipient shall maintain property and equipment inventory records that clearly
identify properties and equipment purchased, improved or sold. Properties and equipment
retained shall continue to meet eligibility criteria and shall conform to the use of property
and equipment.
35.0
DISPOSAL OF PROPERTY
Upon termination of this Agreement, any property involved shall revert to the owner.
36.0
MINIMUM WAGE REQUIREMENTS
The Subrecipient warrants that it shall pay all its employees who are performing work or
providing services under this Agreement not less than the minimum wage specified under
Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§
201, et seq.) by law, regulation, Executive Order 13658, or as required by Arizona law.
37.0
EQUAL EMPLOYMENT OPPORTUNITY
The Subrecipient shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, sexual identity, gender identity, or
national origin. The Subrecipient shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
age, disability, color, religion, sex, sexual identity, gender identity or national origin. Such
action shall include, but is not limited to, the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. The
Subrecipient shall, to the extent such provisions apply, comply with Title VI and VII of the
Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act
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Human Services Campus Agreement
of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment
Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act
of 1990 (42 U.S.C. §§ 12101, et seq.); and Executive Orders 11375 amending Executive
Order 11246 and implementing regulations at 41 CFR part 60, as well as, Arizona
Executive Order 2009-09, which mandates that all persons shall have equal access to
employment opportunities.
38.0
DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2532 and 2533 and 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.
39.0
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
39.1
Subrecipient agrees to comply with all provisions and requirements of Arizona
Executive Order 2009-09 including flow down of all provisions and requirements to
any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and
amends Executive order 75-5, which is hereby incorporated into this Agreement as
if set forth in full herein. In connection with any service or other activity under this
Agreement, Subrecipient shall not discriminate against any employee, client, or any
other individual in any way because of that person’s age, race, creed, color, religion,
sex, disability, or national origin.
39.2
The Subrecipient, in connection with any service or other activity under this
Agreement, shall not in any way, discriminate against any person on the grounds of
race, color, religion, sex, national origin, age, disability, political affiliation or belief.
The Subrecipient shall include this clause in all of its Subcontracts.
39.3
The Subrecipient shall comply with requirements of the Housing and Urban
Development Equal Access Rule at 24 C.F.R. Part 5, Final Rule 5863, to ensure
equal access to housing and services regardless of gender identity.
40.0
DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2531 and 41-2532 and 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.
41.0
GRIEVANCE PROCEDURE
The Subrecipient shall establish a system through which applicants for, and recipients of,
services may present grievances and may take appeals about eligibility and other aspects
of the Subrecipient’s work under this Agreement. The grievance procedure shall include
provisions for notifying the applicants for, and recipients of, services of their eligibility or
ineligibility for service and their right to appeal to the County if the grievance is not satisfied
at the Subrecipient’s level. This system shall include protest procedures for decisions related
to contract awards and requests for reasonable accommodations for persons with
disabilities.
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Human Services Campus Agreement
42.0
RETENTION OF RECORDS
42.1
This provision applies to all financial and programmatic records, supporting
document, statistical records, and other records of the Contractor that are related
to this Agreement.
42.2
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.
43.0
ADEQUACY OF RECORDS
If the Subrecipient’s books, records and other documents related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible
participants, then the Subrecipient shall reimburse the County for the services not supported
and documented.
44.0
RECOGNITION OF COUNTY SUPPORT
The Subrecipient shall give recognition to the County and the funding source for its support
when the Subrecipient publishes materials or releases public information that is paid for
in whole or in part with funds supporting the services under this Agreement.
45.0
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
45.1
The Subrecipient agrees that this Agreement and employees working on this
Agreement will be subject to the whistleblower rights and remedies in the pilot
program on Subrecipient employee whistleblower protections established at 41
U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal
Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition
Regulation;
45.2
The Subrecipient shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and protections under
41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition
Regulation. Documentation of such employee notification must be kept on file by
the Subrecipient and copies provided to the County upon request; and,
45.3
The Subrecipient shall insert the substance of this clause, including this paragraph
(3), in all subcontracts over the simplified acquisition threshold ($250,000 as of
June 2021).
46.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in 2 C.F.R. § 200, et seq.
47.0
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair or invalidate any other provision hereof, and the remaining
provisions shall remain in full force and effect.
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Human Services Campus Agreement
48.0
GOVERNING LAW
This Agreement is governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Agreement will be in Maricopa County Superior Court or in the
United States District Court for the District of Arizona, sitting in Phoenix, Arizona.
49.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Subrecipient engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Subrecipient certifies it is not
currently engaged in and agrees for the duration of this Agreement not to engage in, a
boycott of goods and services from Israel. This certification does not apply to a boycott
prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
IN WITNESS, the undersigned warrant they are authorized to execute this Agreement on behalf
of each Party and that this Agreement is therefore binding on the Parties:
APPROVED BY:
HUMAN SERVICES CAMPUS, INC.
APPROVED BY:
MARICOPA COUNTY
__________________________________
Amy Schwabenlender Date
Executive Director
_________________________________
Bill Gates, Chairman Date
Board of Supervisors
________________________________
Date
Attested to:
________________________________
Juanita Garza, Clerk, Board of Supervisors
________________________________
Date
APPROVED AS TO FORM
__________________________________
Deputy County Attorney
Date
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Human Services Campus Agreement
ATTACHMENT A
PROJECTS SCOPE AND REQUIREMENTS
1.0
Street to Home Coordinator
1.1
The Subrecipient shall hire a Street 2 Home Coordinator to facilitate case
conferencing between Human Services Campus, Maricopa County, City of
Phoenix, and other homeless service partners for homeless individuals that sleep
outside of the Human Services Campus. The coordinator will work to analyze and
share data to resolve issues that prevent individuals from sleeping inside the
shelter facilities.
1.2
Subrecipient shall submit to the County reports on Key metrics:
1.2.1 Weekly count of the number of individuals unsheltered in the area
surrounding the Human Services Campus. This should include periodic
data related to 1) primary reason for homelessness, 2) length of time
homeless, 3) age, 4) reasons (if any) for not going into shelter.
1.2.2 Number of Individuals known to be active on the By Name List unsheltered
around the Human Services Campus.
1.2.3 Number of Individuals previously unsheltered outside the Human Services
Campus that are transitioned to a safe indoor space.
1.2.4 Number of Individuals Unsheltered connected to permanent housing.
1.2.5 % of individuals previously unsheltered connected to permanent housing
that remain in housing for at least 6 months.
2.0
Hotel Shelter Case Management Operations (Valley Inn)
The Subrecipient shall comply with the following service requirements:
2.1
Facility - Emergency Shelter Services
2.1.1 Located at 965 E Van Buren St, Phoenix, AZ 85006.
2.1.2 Provide emergency shelter services for individuals experiencing
homelessness, regardless of origin of residence, 365 days a year, 7
days a week, and 24 hours a day- including holidays. Clients that stayed
in the emergency shelter the previous night or have a designated bed
will have access to the facility (Day room and bed area) during the
following day.
2.1.3 Maintain adequate staff to always provide for the supervision and
wellbeing of all clients. Ratio of staff to clients should be 1:25 during the
day. Ratios may be reduced during overnight shifts (8pm-8am) 7 days
a week.
2.1.4 Ensure clients have access to safe, secure shelter, basic needs and
services.
2.1.5 Provide equal access to programs and services for individuals with
disabilities in compliance with the Americans with Disabilities Act.
Subrecipient shall provide reasonable accommodation for clients in the
following categories: visual impairments, hearing impairments, mobility
impairments and/or mental impairments.
2.1.6 Comply with the Fair Housing Act.
2.1.7 Provide access to a telephone and post emergency telephone numbers
conspicuously near the telephone.
2.1.8 Complete regular room checks, a minimum of once per week to
increase cleanliness and decrease the number of damaged items.
2.1.9 Offer laundry services for all clients residing in the shelter to be done at
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Human Services Campus Agreement
minimum once per week.
2.1.10 Communicate with hotel management and Maricopa County staff any
issues related to the facility specific to cleanliness, safety, or other items
of concern.
2.2
Administration
The Subrecipient shall:
2.2.1 Be responsible for hiring, managing, training, and terminating staff as
necessary, in accordance with Subrecipient's established policy and
procedures. Subrecipient shall make Policies available for County
review at time of monitoring.
2.2.2 Report incidents that may involve a liability issue, significant disruptions
in services or unusual or dangerous interactions which may leave the
County open for public scrutiny. Subrecipient will report incident to
County Homeless Services staff by telephone as soon as possible
within 24 hours following occurrence and will provide a detailed incident
report to County Homeless Services staff within three business days
following occurrence.
2.2.3 Collaborate
with
Homelessness
service
partners/providers
to
coordinate services for clients.
2.3
Program Requirements
The Subrecipient shall:
2.3.1 Maintain a daily census of individuals utilizing the emergency shelter.
Subrecipient shall enter information into the Homeless Management
Information System (HMIS).
2.3.2 Post, distribute, and maintain the following documents with culturally
appropriate language and access to translation services for clients as
needed:
2.3.2.1 Program description including conditions for termination;
2.3.2.2 Residents' rights and responsibilities including the grievance
process;
2.3.2.3 Notice of availability of reasonable accommodation for individuals
with disabilities;
2.3.2.4 How to access case management and support services.
2.3.3 Provide full access and share client level information with County staff as
requested, including HMIS data records through the HMIS system in
accordance with approved Continuum of Care (CoC) data sharing policies
and procedures.
2.3.4 Share aggregate data at the request of the County within 7 days.
2.3.5 Comply with Coordinated Entry protocol, policies and procedures
approved by the CoC Governing Board.
2.3.6 Maintain a policy manual that includes program mission and goals,
shelter policy and procedures; population served; case management
policy and procedures; non-discrimination policy; fingerprinting
procedure; confidentiality statement; and client termination policies.
2.3.7 Participate in the annual Point-in-Time Street Count coordinated by the
Maricopa Regional Continuum of Care and HUD census requirements.
2.3.8 Participate and/or host weekly Case Conferencing sessions that involve
the clients residing in the shelter.
2.3.9 Special sessions will be held to staff all individuals with a length of stay
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Human Services Campus Agreement
in shelter longer than 90 days. All clients that meet this criterion should
be provided additional support from leadership and staff to move
towards a positive exit as quickly as possible.
2.3.10 Ensure all shelter staff are trained in CPR, First Aid, and CPI (Crisis
Prevention
Intervention),
Trauma
Informed
Care,
Motivational
Interviewing, Critical Time Intervention and appropriate resources to
provide to clients as needed. At time of monitoring, records of training
should be made available to the County.
2.4
Shelter Services and Case management for All Clients
2.4.1 Establish eligibility and issue a homeless verification letter within 72
hours of entry.
2.4.2 Support clients in exiting shelter to permanent housing.
2.4.3 All clients will:
2.4.3.1 receive an initial intake with support, assignment of case
management and provision of resources based on their
identified needs within the first 24 hours of residency.
2.4.3.2 have access to ad hoc support services upon request in order to
have the tools and resources to resolve their identified needs.
2.4.4 Collect and maintain documents for housing readiness and
coordination.
2.4.5 Enter client information into HMIS.
2.4.6 Case Management include supportive services with regular meetings,
resource provision, and support for the client until they leave the shelter.
Service levels may vary based on client need.
2.4.7 Standard levels of case management services include:
2.4.7.1 Individualized and varying degrees in which the case manager
meets with the client will be determined in their housing plan and
no less than 1 meeting per week.
2.4.7.2 Development of a housing plan.
2.4.7.3 Coordination with internal and external service providers to
assist the client with fully accessing their housing plan.
2.4.7.4 Provide support in accessing other services such as:
mainstream benefits, healthcare services, state licensed
mental health and chemical dependency treatment programs,
employment and income services, identifications, and other
services as required by clients.
2.4.7.5 Attend case conferencing and provide updates for participants
residing in the shelter.
2.4.8 Provide written policies and procedures for Case Management
including enrollment, staff assignments, ratio of a maximum 1:25, and
standard levels of service.
2.5
Outcomes/Performance Measures:
2.5.1 Known Exit Destination in HMIS above 95%.
2.5.2 Ensure that 100% of clients are engaged with the Maricopa Regional
Coordinated Entry System and receive a VI-SPDAT assessment within
72 hours of shelter entry.
2.5.3 Ensure above 75% positive exit destinations for case managed
individuals.
2.5.4 Case manage 100% of clients.
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Human Services Campus Agreement
2.6
Indicators:
2.6.1 Average and total length of stay (days) in emergency shelter for all
clients.
2.6.2 Percent of clients who move to positive permanent housing situation
determined by the recorded clients in HMIS with a positive permanent
housing placement out of the total clients served.
2.6.3 Number of unduplicated clients served in overnight shelter.
2.6.4 Exit destinations that indicate positive exits, negative exits and
unknown exits.
2.6.5 Number and Percent of clients that received case management
services.
2.7
Program Reports
2.7.1 Provide an overview report every other Monday with the following
information:
2.7.1.1 current capacity,
2.7.1.2 current census number,
2.7.1.3 total exits to permanent housing between May 1, 2020- Current,
and total number of clients served between May 1, 2020- Current
using data from HMIS COC-APR Report.
2.7.2 Monthly reporting to be submitted no later than the 15th calendar day
of the month, following the close of the prior month (i.e., February 15th
for January report) to include:
2.7.2.1 Monthly payment request for reimbursement.
2.7.2.2 Contract Payment Request Form
2.7.2.3 Program Reports to be sent monthly:
2.7.2.3.1 Outcome report using an agreed upon template that
reports
progress
on
outcomes/
performance
measures, and indicators listed in the sections above.
2.7.2.3.2 COC APR
2.7.2.3.3 HMIS Exit Destinations Report
2.7.2.4 Program Reports to be sent upon request:
2.7.2.4.1 HMIS CAPER Report
2.7.2.4.2 HMIS Shelter Bed Utilization Report
2.7.2.4.3 HMIS Length of Stay Report
2.7.2.4.4 HMIS Return to Homelessness Report
2.7.2.4.5 Additional program reports to ensure daytime operation
is ongoing.
2.7.3 Provide Quarterly report indicating the expenditure percentage of the
yearly budget with a budget narrative describing the status and any
programmatic or financial issues. This report is to include all funding
sources.
2.8
Monitoring
2.8.1 The County will monitor the Subrecipient’s compliance with fiscal and
programmatic performance under the terms and conditions of this
Agreement. On-site visits for compliance monitoring may be made by either
the County at any time during the Subrecipient’s normal business hours,
announced or unannounced. During an on-site visit, the Subrecipient shall
make all its records and accounts related to work performed under this
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Human Services Campus Agreement
Agreement available to the County for inspection and copying.
2.8.2 Subrecipient will provide full access, read only, to the project in HMIS
for the purpose of monitoring client files no more than once per quarter.
Subrecipient is responsible for notifying HMIS Lead Agency and
granting access to Funder within 3 business days of monitoring notice.
2.8.3 County will conduct desk monitoring monthly when financial and
programmatic reports are submitted.
2.8.4 The County will conduct on-site monitoring at minimum, on an annual
basis in conjunction with other funders in order to review outputs,
outcomes and requirements described in the scope of work.
2.8.5 Subrecipient will provide any ad-hoc reports as requested by the
County including aggregate or client level data through the HMIS
System and according to approved CoC Data Sharing agreements.
Such reporting shall be for the purposes of improving access to service.
The County reserves the right to add, remove or revise reporting
requirements at its discretion.
3.0
Weather Relief and Overflow Shelter
The Subrecipient shall comply with the following service requirements:
3.1
Facility – Emergency Shelter Services
3.1.1 Located at the Human Services Campus 204 S 12th Ave, Phoenix, AZ
85007.
3.1.2 Provide emergency shelter services for individuals experiencing
homelessness, regardless of origin of residence, 365 days a year, 7
nights a week including holidays.
3.1.3 Maintain adequate staff to always provide for the supervision and
wellbeing of all clients. Ratio of staff to clients should be 1:35 during the
day. Ratios may be reduced during overnight shifts (8pm-8am).
3.1.4 Comply with applicable state and local zoning, fire, environmental,
health and safety standards and regulations.
3.1.5 Ensure the facility is safe, secure, clean, in good repair, and has proper
ventilation and heating/cooling systems.
3.1.6 Maintain a fire safety and emergency evacuation plan for clients, staff
and volunteers that include at least the following elements:
3.1.6.1 Posted evacuation plan;
3.1.6.2 Individualized evacuation plan for clients, staff and volunteers
with disabilities;
3.1.6.3 Fire drills conducted at least quarterly;
3.1.6.4 Fire extinguishing and detection systems that conform to local
building and fire codes.
3.1.7 Provide access to a telephone and post emergency telephone numbers
conspicuously near the telephone.
3.1.8 Ensure sleeping areas and operational procedures comply with
applicable Occupational Safety and Health Administration (“OSHA”)
Standards, specifically Section 1910.
3.1.9 Provide equal access to programs and services for individuals with
disabilities in compliance with the Americans with Disabilities Act.
Subrecipient shall provide reasonable accommodation for clients in the
following categories: visual impairments, hearing impairments, mobility
impairments and/or mental impairments.
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Human Services Campus Agreement
3.1.10 Subrecipient shall comply with the Fair Housing Act.
3.2
Administration
The Subrecipient shall:
3.2.1 Be responsible for hiring, managing, training, and terminating staff as
necessary, in accordance with Subrecipient’s established policy and
procedures. Make this available at time of monitoring.
3.2.2 Report incidents that may involve a liability issue, significant disruptions
in services or unusual or dangerous interactions or may leave the County
open for public scrutiny. Agency will report incident to County Homeless
Services staff by telephone as soon as possible within 24 hours
following occurrence and will provide a detailed incident report to
County Homeless Services staff within three business days following
occurrence.
3.2.3 Collaborate
with
Homelessness
service
partners/providers
to
coordinate services for clients.
3.3
Program and Operation Requirements
3.3.1 Ensure clients have access to safe, secure shelter, basic needs and
services.
3.3.2 As a low barrier shelter:
3.3.2.1 This shelter does not exclude people who have criminal
histories, a lack of income, or currently use drugs and/or
alcohol.
3.3.2.2 Clients are not required to participate in services or do chores
to stay in shelter.
3.3.2.3 Clients will not be permanently banned for anything other than
violence or theft.
3.3.3 Comply with Coordinated Entry protocol, policies and procedures
approved by the CoC Governing Board.
3.3.4 Make showers available for daily use, including emergency showers as
needed by clients.
3.3.5 Maintain a policy manual that includes program mission and goals,
shelter policy and procedures; population served; non-discrimination
policy; fingerprinting procedure; confidentiality statement; and client
termination policies.
3.3.6 Participate in the annual Point-in-Time Street Count coordinated by the
Maricopa Regional Continuum of Care and HUD census requirements.
3.3.7 Participate in regular Coordinated Entry System Case Conferencing.
3.3.8 Ensure all shelter staff are trained in CPR, First Aid, and CPI (Crisis
Prevention Intervention), Trauma Informed Care, Motivational
Interviewing, Critical Time Intervention, and appropriate resources to
provide to clients as needed. At time of monitoring, records of training
should be made available to the County.
3.3.9 Maintain a daily census of clients in the emergency shelter using the
Homeless Management Information System (HMIS).
3.3.10 Post, distribute, and maintain the following documents with culturally
appropriate language and access to translation services for clients as
needed:
3.3.10.1
Program description including conditions for termination;
3.3.10.2
Residents’ rights and responsibilities including the
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Human Services Campus Agreement
grievance process;
3.3.10.3
Notice of availability of reasonable accommodation for
individuals with disabilities;
3.3.10.4
How to access case management and support services.
3.3.11 Agree to provide full access and share client level with the County as
requested including HMIS data records through the HMIS system in
accordance with approved Continuum of Care (CoC) data sharing
policies and procedures.
3.3.12 Share aggregate data at the request of the County within 7 days.
3.4
Shelter Services and Case management for All Clients
3.4.1 Coordinate effectively with Coordinated Entry staff and housing
providers to better support clients moving into permanent housing.
3.4.2 Coordinate with internal and external Homelessness services providers
to assist the client to fully access their housing plan.
3.4.3 Provide support in accessing other services such as: mainstream
benefits, healthcare services, state licensed mental health and
chemical dependency treatment programs, employment and income
services, identifications, or other services as required by the client.
3.4.4 Attend case conferencing and provide updates for participants residing in
the shelter.
3.5
Outcomes/Performance Measures:
3.5.1 Occupancy rate to maintain above 85%.
3.5.2 Ensure that 100% of clients are engaged with the Maricopa Regional
Coordinated Entry System and receive a VI-SPDAT assessment within
72 hours of shelter entry
3.6
Indicators:
3.6.1 Number of unduplicated clients served in overnight shelter.
3.6.2 Total number of beds available
3.7
Program Reports
3.7.1 Monthly reporting to be submitted no later than the 15th calendar day
following the close of the prior month (i.e., February 15th for January
report) to include:
3.7.1.1 Contract Payment Request Form
3.7.1.2 Program Report:
3.7.1.2.1 Outcome report using an agreed upon template that
reports
progress
on
outcomes/
performance
measures, and indicators listed in the sections above.
3.7.1.2.2 HMIS COC APR
3.7.1.2.3 HMIS Shelter Bed Utilization Report
3.7.2 Provide Quarterly report indicating the expenditure percentage of the
yearly budget with a budget narrative describing the status and any
programmatic or financial issues. This report is to include all funding
sources.
3.8
Monitoring
3.8.1 The County will monitor the Subrecipient’s compliance with fiscal and
programmatic performance under the terms and conditions of this
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Human Services Campus Agreement
Agreement. On-site visits for compliance monitoring may be made by either
the County at any time during the Subrecipient’s normal business hours,
announced or unannounced. During an on-site visit, the Subrecipient shall
make all its records and accounts related to work performed under this
Agreement available to the County for inspection and copying.
3.8.2 Subrecipient will provide full access, read only, to the project in HMIS
for the purpose of monitoring client files no more than once per quarter.
Subrecipient is responsible for notifying HMIS Lead Agency and
granting access to Funder within 3 business days of monitoring notice.
3.8.3 County will conduct desk monitoring monthly when financial and
programmatic reports are submitted.
3.8.4 Maricopa County will conduct on-site monitoring at a minimum, on an
annual basis in conjunction with other funders in order to review
outputs, outcomes and requirements described in the scope of work.
3.8.5 Subrecipient will provide any ad-hoc reports as requested by the
County including aggregate or client level data through the HMIS
System and according to approved CoC Data Sharing agreements.
Such reporting shall be for the purposes of improving access to service.
The County reserves the right to add, remove or revise reporting
requirements at its discretion.
4.0
Emergency Shelter
The Subrecipient shall comply with the following service requirements:
4.1
Facility - Emergency Shelter Services
4.1.1 Located at 230 S. 12th Avenue, Phoenix, AZ 85007
4.1.2 Provide emergency shelter services for individuals experiencing
homelessness, regardless of origin of residence, 365 days a year, 7
days a week, and 24 hours a day- including holidays. Clients that stayed
in the emergency shelter the previous night or have a designated bed
will have access to the facility (Day room and bed area) during the
following day.
4.1.3 Comply with applicable state and local zoning, fire, environmental,
health and safety standards and regulations.
4.1.4 Ensure the facility is safe, secure, clean, in good repair, and has proper
ventilation and heating/cooling systems.
4.1.5 Maintain a fire safety and emergency evacuation plan for clients, staff
and volunteers that include at least the following elements:
4.1.5.1 Posted evacuation plan;
4.1.5.2 Individualized evacuation plan for clients, staff and volunteers
with disabilities;
4.1.5.3 Fire drills conducted at least quarterly;
4.1.5.4 Fire extinguishing and detection systems that conform to local
building and fire codes.
4.1.6 Provide access to a telephone and post emergency telephone
numbers conspicuously near the telephone.
4.1.7 Maintain adequate staff to always provide for the supervision and
wellbeing of all clients.
4.1.8 Ensure sleeping areas and operational procedures comply with
applicable Occupational Safety and Health Administration ("OSHA")
Standards, specifically Section 1910.
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Human Services Campus Agreement
4.1.9 Provide equal access to programs and services for individuals with
disabilities in compliance with the Americans with Disabilities Act.
Subrecipient shall provide reasonable accommodation for clients in
the following categories: visual impairments, hearing impairments,
mobility impairments and/or mental impairments.
4.1.10 Subrecipient shall comply with the Fair Housing Act.
4.2
Administration
The Subrecipient shall:
4.2.1 Be responsible for hiring, managing, training, and terminating staff as
necessary, in accordance with Subrecipient's established policy and
procedures. Make this available at time of monitoring.
4.2.2 Report incidents that may involve a liability issue, significant disruptions
in services or unusual or dangerous interactions or may leave the County
open for public scrutiny. Subrecipient will report incident to County
Homeless Services staff by telephone as soon as possible within 24
hours following occurrence and will provide a detailed incident report to
County Homeless Services staff within three business days following
occurrence.
4.2.3 Collaborate
with
Homelessness
service
partners/providers
to
coordinate services for clients.
4.3
Program and Operational Requirements
4.3.1 Ensure clients have access to safe, secure shelter, basic needs and
services.
4.3.2 All comply with Coordinated Entry protocol, policies and procedures
approved by the CoC Governing Board.
4.3.3 Make daily showers available, including emergency showers as needed
for clients.
4.3.4 Maintain a policy manual that includes program mission and goals,
shelter policy and procedures; population served; case management
policy and procedures; non-discrimination policy; fingerprinting
procedure; confidentiality statement; and client termination policies.
4.3.5 Participate in the annual Point-in-Time Street Count coordinated by the
Maricopa Regional Continuum of Care and HUD census requirements.
4.3.6 Participate in regular Coordinated Entry System Case Conferencing.
4.3.7 Subrecipient will ensure all shelter staff are trained in CPR, First Aid,
and CPI (Crisis Prevention Intervention), Trauma Informed Care,
Motivational Interviewing, Critical Time Intervention, and appropriate
resources to provide to clients as needed. At time of monitoring, records
of training should be made available to the County.
4.3.8 Maintain a daily census of residents in the emergency shelter using the
Homeless Management Information System (HMIS).
4.3.9 Post, distribute, and maintain the following documents with culturally
appropriate language and access to translation services for clients as
needed:
4.3.9.1 Program description including conditions for termination;
4.3.9.2 Residents' rights and responsibilities including the grievance
process;
4.3.9.3 Notice of availability of reasonable accommodation for
individuals with disabilities;
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Human Services Campus Agreement
4.3.9.4 How to access case management and support services.
4.3.10 Agree to provide full access and share client level with the County as
requested including HMIS data records through the HMIS system in
accordance with approved Continuum of Care (CoC) data sharing
policies and procedures.
4.3.11 Share aggregate data at the request of the County within 7 days.
4.4
Shelter Services for All Clients
4.4.1 Establish eligibility and issue a homeless verification letter within 72
hours of entry.
4.4.2 All staff funded under this contract are to have the primary goal of
supporting clients in exiting shelter to permanent housing. This involves
all staff being trained on trauma informed care, motivational interview,
and appropriate resources to provide to clients as needed. Make
documentation of these trainings available for monitoring.
4.4.3 All clients will receive an initial intake with support and resources
provided based on their identified needs within the first 24 hours of
residency.
4.4.4 All clients will have access to ad hoc support services upon request in
order to have the tools and resources to resolve their identified needs.
4.4.5 Collect and maintain documents for housing readiness and
coordination.
4.4.6 Facilitate connection to state licensed mental health and chemical
dependency treatment program as necessary.
4.4.7 Enter client information into Homeless Management Information
Systems ("HMIS").
4.5
Case Management
Provide Case Management based upon the following priorities and protocols:
4.5.1 Case management will be provided to clients that meet the criteria in
section 6(C). Case Management is long term supportive services with
regular meetings, resource provision, and support for the client until
they leave the shelter.
4.5.2 Provide written policies and procedures for Case Management and
Extensive Case Management including eligibility criteria, enrollment
and assignment protocols to the client.
4.5.3 Ensure Case Management is assigned to all clients who:
4.5.3.1 Are chronically homeless using HUD definition; or
4.5.3.2 Have experienced over 12 months of homelessness; or
4.5.3.3 Have a VI-SPDAT score for any housing intervention as
provided by Coordinated Entry System (4+); or
4.5.3.4 Have a source of income; and/or length of stay in shelter for 30
days or more.
4.5.3.5 Those who have requested case management services.
4.5.4 Standard levels of case management services include:
4.5.4.1 Case Management will be individualized and the varying degree in
which the case manager meets with the participant will be
determined in their housing plan with no less than 1 meeting per
week.
4.5.4.2 Develop and execute a housing plan with the client.
4.5.4.3 Coordinate with internal and external providers to assist the
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Human Services Campus Agreement
participant with fully accessing their housing plan.
4.5.4.4 Provide support in accessing other services such as: mainstream
benefits, healthcare services, state licensed mental health and
chemical dependency treatment programs, employment and
income services, identifications, etc.
4.5.4.5 Attend case conferencing and provide updates for participants
residing in the shelter.
4.6
Outcomes/Performance Measures:
4.6.1 Increase known Exit Destination in HMIS from previous year average.
4.6.2 Ensure that 100% of clients are engaged with the Maricopa Regional
Coordinated Entry System and receive a VI-SPDAT assessment within
72 hours of shelter entry
4.6.3 Increase HUD defined positive exit destinations, for case managed
individuals from the previous year average.
4.6.4 Case manage 100% of eligible clients.
4.7
Indicators:
4.7.1 Average and total length of stay (days) in emergency shelter for all
clients.
4.7.2 Percent of clients who move to positive permanent housing situation
determined by the recorded clients in HMIS with a positive permanent
housing placement out of the total clients served.
4.7.3 Increase will be based off of data from the previous year Positive Exit
percentage.
4.7.4 Number of unduplicated clients served in overnight shelter.
4.7.5 Exit destinations that indicate positive exits, negative exits and
unknown exits.
4.7.6 Number and percent of clients that received case management
services.
4.8
Program Reports
4.8.1 Monthly reporting to be submitted no later than the 15th following the
close of the prior month (i.e., February 15th for January report) to
include:
4.8.1.1 Contract Payment Request Form
4.8.1.2 Program Report:
4.8.1.2.1 Outcome report using an agreed upon template that
reports
progress
on
outcomes/
performance
measures, and indicators listed in the sections above.
4.8.1.2.2 HMIS CAPER Report
4.8.1.2.3 HMIS Shelter Bed Utilization Report
4.8.1.2.4 HMIS Length of Stay Report
4.8.1.2.5 HMIS Return to Homelessness Report
4.8.1.2.6 Additional program reports to ensure daytime operation
is ongoing.
4.8.2 Provide Quarterly report indicating the expenditure percentage of the
yearly budget with a budget narrative describing the status and any
programmatic or financial issues. This report is to include all funding
sources.
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Human Services Campus Agreement
4.9
Monitoring
4.9.1 The County will monitor the Subrecipient’s compliance with fiscal and
programmatic performance under the terms and conditions of this
Agreement. On-site visits for compliance monitoring may be made by either
the County at any time during the Subrecipient’s normal business hours,
announced or unannounced. During an on-site visit, the Subrecipient shall
make all its records and accounts related to work performed under this
Agreement available to the County for inspection and copying.
4.9.2
Subrecipient will provide full access, read only, to the project in HMIS for the
purpose of monitoring client files no more than once per quarter.
Subrecipient is responsible for notifying HMIS Lead Agency and granting
access to Funder within 3 business days of monitoring notice.
4.9.3
County will conduct desk monitoring monthly when financial and
programmatic reports are submitted.
4.9.4
Maricopa County will conduct on-site monitoring at minimum, on an annual
basis in conjunction with other funders in order to review outputs, outcomes
and requirements described in the scope of work.
4.9.5 Subrecipient will provide any ad-hoc reports as requested by the County
including aggregate or client level data through the HMIS System and
according to approved CoC Data Sharing agreements. Such reporting shall
be for the purposes of improving access to service. The County reserves the
right to add, remove or revise reporting requirements at its discretion.