CITY OF PHOENIX IGA HEAT RELIEF.PDF

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CITY CONTRACT NO.  
 
 
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PHOENIX  
AND MARICOPA COUNTY by and through its HUMAN SERVICES DEPARTMENT 
FOR 2739 E. WASHINGTON – HEAT RELIEF PROJECT 
 
 
This Intergovernmental Agreement (“Agreement”) is entered into as of May 13, 2022 
(“Effective Date”), by and between the CITY OF PHOENIX (the “City”), an Arizona 
municipal corporation, and MARICOPA COUNTY, by and through its HUMAN 
SERVICES DEPARTMENT (“County”), a political subdivision of the State of Arizona. 
The City and County are sometimes referred to collectively as “Parties” and 
individually as a “Party.” 
 
RECITALS 
 
A. 
The City Manager of Phoenix is authorized to enter this agreement under 
the Phoenix City Charter, Chapter III, Section 2 and Chapter XIX, Section 1; and, 
 
B. 
ARIZONA REVISED STATUTES Section 11-952(A) provides that public 
agencies may enter into intergovernmental agreements for the provision of services or 
for joint/cooperative actions. The City is also authorized and empowered to enter this 
agreement pursuant to Chapter II, Section 2 (i), of the Phoenix City Charter; and, 
  
C. 
County has statutory authority to exercise all of the powers granted to 
municipal corporations and to cities by the constitution and laws of this State, together 
with all of the implied powers necessary to carry into execution all the expressed 
powers granted therein and the power the enter into intergovernmental agreements with 
other governmental entities with other governmental entities. See A.R.S. § 11-951, et 
seq; and, 
 
D. 
The Parties understand the terms of this Agreement—having negotiated it 
freely with sufficient time and opportunity to consult with an attorney—and now enter 
into it voluntarily. 
 
NOW THEREFORE, in consideration of the mutual promises, inducements, covenants, 
agreements, conditions and other good and valuable consideration, the receipt and 
sufficiency which is acknowledged, the Parties agree as follows:

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AGREEMENT 
I. Responsibilities 
 
1. 
Background  
The City of Phoenix and Maricopa County worked together to identify locations ideal for 
providing heat relief services and shelter for people who are experiencing 
homelessness during the summer months and through  the term of this Agreement. A 
City of Phoenix-owned building located at 2739 East Washington Street (Property) was 
identified as ideal for heat relief and shelter. The City of Phoenix and Maricopa County 
agree this project is a good partnership to provide indoor shelter and case management 
services to unsheltered individuals within the City of Phoenix.  
 
2. 
Scope of Services and Supplemental Terms and Conditions  
County will be responsible for funding and managing  heat relief and shelter operations 
at the Property. The City will be responsible for property renovations, case 
management, outreach, navigation, transportation and intake coordination services. The 
Parties will perform their duties in accordance with the Scope of Work as set forth in 
Exhibit A – Scope of Work (“Services”) which may be supplemented with additional 
detail from time to time during the term of the Agreement, upon mutual written 
agreement of the City and County.  
 
In performing these services, County will also specifically comply with the applicable 
Supplemental Terms and Conditions that are set forth in Exhibit B. 
 
3. 
Notices Between Parties. The Parties deem that any notice that one 
Party gives, makes, or sends to any other Party under this Agreement is fully given, 
made, or sent when that notice is in writing and either: (1) personally delivered, which 
includes delivering by recognized courier service (such as Fed Ex and United Parcel 
Service); or (2) deposited in the United States by postpaid certified mail, addressed as 
follows: 
 
3.1 
To the City:  
 
City of Phoenix, Human Services Department 
Vanessa Quintana, Procurement Officer 
City of Phoenix Human Services Department 
200 W. Washington Street, 18th Floor 
Phoenix, AZ 85003 
(602) 534-1032 
Vanessa.ramirez@phoenix.gov 
 
3.2 
To the County: 
 
 
 
Jacqueline Edwards, Director 
Maricopa County Human Services Department 
234 N. Central Avenue, 3rd Floor 
Phoenix, AZ 85004 
602-506-4812

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jacqueline.edwards@maricopa.gov 
 
By written notice, a Party may change its address to which another Party may give, 
make, or send a notice. 
II. Statutory Requirements 
 
4. 
Duration – A.R.S. § 11-952(B)(1). This Agreement shall become effective 
on the Effective Date and shall terminate on October 31, 2022. This Agreement may be 
extended for up to two one-year options upon mutual written consent of the Parties. 
 
5. 
Purpose – A.R.S. § 11-952(B)(2). The City and County enter into this 
agreement to jointly support County’s efforts in completing the scope of work provided 
in § I above and Exhibit A. This work will serve to support County’s responsibility in 
funding the coordination and management of heat relief shelter operations at the 
Property. The City will be responsible for providing property renovations, case 
management, outreach, navigation, transportation and intake coordination services at 
the Property.  
 
6. 
Manner of Financing/Budgeting – A.R.S. § 11-952(B)(3). Each Party 
will be solely responsible for all costs associated with the performance of its obligations under 
this Agreement.  
 
7. 
Termination – A.R.S. § 11-952(B)(4). This Agreement will terminate upon 
the earliest occurrence of any of the following: 
 
7.1 
the Agreement reaches the end of its term;  
 
7.2 
The City or County terminates agreement upon furnishing the other with a 
written notice at least 30 days before the effective termination date, with each Party to bear its 
own costs and expenses to date of termination. In the event of such termination, the Parties will 
cooperate in good faith to ensure the orderly and responsible winddown of operations at the 
Property. 
 
III. Standard Terms and Conditions 
 
8. 
Recitals and Captions: The Parties acknowledge that recitals set forth 
above are true and correct, and are incorporated into this Agreement by reference. The 
captions in this Agreement are merely for reference, and not to construe or limit the text. 
 
9. 
Governing Law and Jurisdiction. The laws of the State of Arizona will 
govern this Agreement. Any citations to a statute in this Agreement refers to the version 
of that statute in effect when the Parties execute this Agreement. ARIZ. REV. STAT. 
§§ 12-133 and 12-1518 may require arbitration of a dispute. Otherwise, the dispute is 
subject to the jurisdiction of the Maricopa County Superior Court. 
 
10. 
Compliance with Laws. The City and County will comply with all 
applicable federal, state, and local laws, ordinances, codes, rules, regulations, and 
executive orders, including those governing equal employment opportunity, immigration,

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nondiscrimination, and the Americans with Disabilities Act. 
 
11. 
Mutual Benefits. In making the promises contained in this Agreement, the 
Parties agree that certain benefits and advantages will accrue for each Party by 
performance of this Agreement, so they enter this Agreement in reliance on the mutual 
benefits afforded each Party.  
 
12. 
No Adverse Inference. This Agreement shall not be construed more 
strongly against one Party or the other. The Parties to this Agreement had equal access 
to, input with respect to, and influence over the provisions of this Agreement. 
Accordingly, no rule of construction which requires that any allegedly ambiguous 
provision be interpreted more strongly against one Party than the other shall be used in 
interpreting this Agreement. 
 
13. 
Successors and Assigns. The Parties bind themselves and their 
successors, assigns, and legal representatives to this Agreement’s covenants. A Party 
may not assign or otherwise transfer its interest in this Agreement without the other 
Party’s prior written consent. 
 
14. 
No Agency Created. Nothing in this Agreement: creates any partnership, 
joint venture, employment, or agency relationship between the Parties. 
 
15. 
No Third-Party Beneficiaries or Agency. Nothing in this Agreement 
gives any rights or benefits to anyone but the Parties. All duties and responsibilities 
undertaken under this Agreement are for the exclusive benefit of the City and County—
and not any other party. This Agreement does not create a contractual relationship with 
any third party or otherwise establish any third-party beneficiaries. No third party may 
enforce the terms and conditions of this Agreement.  
 
16. 
Conflict of Interests. All Parties acknowledge that this Agreement is 
subject to cancellation within three years under ARIZ. REV. STAT. § 38-511 in the event 
of a City or County official/employee’s conflict of interest. No official/employee of the 
City or County may: (1) have any direct or indirect interest in this Agreement; or (2) 
participate in any decision relating to the Agreement that is prohibited by law.  
 
17. 
No Payment of Consideration for Agreement. The City and County 
warrant that they have not paid or given—and will not pay or give—any third person any 
money or other consideration for obtaining this Agreement. 
 
18. 
Entire Agreement. This Agreement expresses the full agreement and 
understanding of the Parties with respect to the subject matter hereof, superseding all 
prior written or oral communications with respect to the subject matter hereof. 
 
19. 
Modification. No supplement, modification, or amendment of this 
Agreement’s terms are effective unless in writing and signed by the Parties. 
 
20. 
Severability. If any provision or application of this Agreement is invalid or 
illegal, then the Agreement’s remainder endures unaffected and enforceable to the

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fullest extent permitted by law—so long as the severability does not defeat this 
Agreement’s fundamental purposes. 
 
21. 
Counterparts. The Parties may sign this Agreement in counterparts, and 
each counterpart will be effective and enforceable as though it were the original 
agreement. 
 
22. 
Authority.  Each Party represents and warrants that: (a) the person 
signing this Agreement on the Party’s behalf is duly authorized and empowered to enter 
into and execute the Agreement; and (b) all persons or entities affiliated with the Party 
are bound by the terms of this Agreement. 
 
23. 
Default. In the event of default under this Agreement, the nondefaulting 
Party will have all rights and remedies available to it at law or in equity. The exercise by 
any Party of one or more such rights or remedies will not preclude that Party from 
exercising—at a different time—any other rights or remedies for the same default or any 
other default by the defaulting Party. 
 
24. 
Nonliability of Officials and Employees. In the event of any default or 
breach by the City or County, no official or employee of the City or County will be 
personally liable for any payments or other obligations due under this Agreement. 
 
25. 
No Waiver. A Party may not construe the failure or delay of another Party 
to enforce—or require performance of—any of this Agreement’s provisions to be a 
waiver of that provision. Such failure or delay will not affect the validity of any part of this 
Agreement or the rights of the Parties to enforce every provision.  
 
26. 
Additional Documents/Actions. The Parties agree to execute and 
deliver all documents and take all actions reasonably necessary to implement and 
enforce this Agreement.  
 
IV. Special Terms and Conditions 
 
27. 
Indemnity. Each Party (as “Indemnitor”) agrees to indemnify, defend, 
and hold harmless the other Party (as “Indemnitee”) from and against any and all 
claims, losses, liability, costs, or expenses (including reasonable attorney’s fees) 
(hereinafter collectively referred to as “Claims”) arising out of bodily injury of any 
person (including death) or property damage, but only to the extent that such Claims 
which result in vicarious/derivative liability to the Indemnitee are caused by the act, 
omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, 
agents, employees, or volunteers. 
 
28. 
Insurance. Each Party shall maintain insurance coverage to insure 
against the risks associated with the duties to be performed by each Party pursuant to 
the terms of the Agreement. The City shall meet its insurance requirements through its 
self-insurance program. The County shall meet its insurance requirements through its 
self-insurance program. The Parties will meet their statutory obligation to maintain 
workers' compensation insurance for all of their employees.

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29. 
Legal Worker Requirements. The Parties acknowledge that ARIZ. REV. 
STAT. § 41-4401 prohibits them from entering a contract for services with anyone who 
fails—or whose subcontractors fail—to comply with e-verify requirements under ARIZ. 
REV. STAT. § 23-214(A). Each Party warrants its own compliance—and the compliance 
of each contractor it uses—with ARIZ. REV. STAT. § 23-214(A) and all federal immigration 
laws and regulations that relate to employed personnel. Breach of this warranty is a 
material breach of the Agreement, subject to penalties including termination of the 
Agreement. the City retains the legal right to inspect the papers of any County or 
contractor employee who works under the Agreement to ensure that County is 
complying with this warranty. 
 
30. 
Audit. The City reserves the right to audit County’s books, accounts, 
reports, files, and other records concerning County’s performance under this 
Agreement. All records relating to this Agreement will be subject at all reasonable times 
to inspection and audit by the City for five years following this Agreement’s termination. 
For that duration, County will keep all records pertaining to this Agreement on a 
generally accepted accounting basis and produce them at an office designated by the 
City upon request.

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IN WITNESS WHEREOF, the City and County, having carefully read and 
reviewed the foregoing paragraphs, have executed this Agreement to be effective on 
the Effective Date.  
 
MARICOPA COUNTY, A POLITICAL  
 CITY OF PHOENIX, AN ARIZONA 
SUBDIVISION IN THE STATE OF 
 MUNICIPAL CORPORATION 
ARIZONA 
 Jeffrey Barton, City Manager 
FOR AND ON BEHALF OF  
MARICOPA COUNTY 
  
 
By: ____________________________ 
  
 
Chairman, Board of Supervisors 
 Marchelle F. Franklin 
 
 Human Services Department Director 
____________________________ 
      Date 
 
ATTEST:  
 
 
 
 
     ATTEST: 
 
_______________________________  
Clerk of the Board  
 
 
     _________________________________ 
 
 City Clerk 
_______________________________ 
Date 
 
APPROVED AS TO FORM: 
 APPROVED AS TO FORM: 
 
 Cris Meyer, City Attorney 
_______________________________ 
Attorney for Maricopa County 
 
 
 
_______________________________ 
 Assistant Chief Counsel 
  
Date

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INTERGOVERNMENTAL AGREEMENT DETERMINATION 
 
 
In accordance with the requirements of A.R.S. § 11-952(D), each of the 
undersigned attorneys acknowledge: (1) that they have reviewed the above Agreement 
on behalf of their respective clients; and, (2) that, as to their respective clients only, each 
attorney has determined that this Agreement is in proper form and is within the powers 
and authority granted under the laws of the State of Arizona. 
 
CITY OF PHOENIX  
 
 
 
MARICOPA COUNTY 
 
By: ___________________________ 
______________________________ 
Assistant Chief Counsel 
 
 
Attorney for Maricopa County

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EXHIBIT A – SCOPE OF WORK 
2739 E. WASHINGTON – HEAT RELIEF PROJECT 
 
1. BACKGROUND 
The City of Phoenix and Maricopa County worked together to identify locations ideal 
for providing shelter and heat relief services for people who are experiencing 
homelessness during the summer months and through the term of this Agreement.  
A City of Phoenix owned building located at 2739 East Washington Street (Property) 
was identified that was ideal for heat relief and emergency shelter. The City of 
Phoenix and Maricopa County agree this project is a good partnership to provide 
indoor shelter and case management services to unsheltered individuals within the 
City of Phoenix. 
 
2. OBJECTIVE 
The objective is to provide a safe, indoor shelter for 200 individuals experiencing 
homelessness each night and to provide case management and other supportive 
services during the day. 
 
3. SCOPE OF WORK 
Maricopa County agrees to fund and manage the heat relief and shelter operations 
through an agreement with Diocesan Council for the Society of St. Vincent de Paul 
(SVdP).    
 
City of Phoenix agrees to renovate the Property and, through agreements with 
Community Bridges, Inc. (CBI) and the Human Services Campus, Inc. (HSC), 
provide case management, outreach, navigation, transportation and intake 
coordination. 
 
4. COUNTY’S RESPONSIBILITIES  
The County will: 
4.1. Enter into and fund an agreement with SVdP to provide shelter services at the 
Property for 200 individuals per night during the term of the contract. The 
agreement between the County and SVdP will provide for, at a minimum: 
 
• Salaries and ERE for necessary staff 
• Adequate shelter operations staff 
• Adequate navigation staff  
• Adequate security of the Property 
• Facility operation costs 
• Necessary operational costs (phone, internet, etc) 
• Necessary operational Supplies  
• Laundry (sheets, client laundry)  
• Three meals per day per client 
• Necessary kitchen equipment 
• Other necessary supplies and equipment 
• Necessary data consulting services

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• Administrative Support 
• Adequate insurance coverage   
• A contract term that expires on October 31, 2022 and which may be 
extended for up to two one-year options at the sole discretion of the County. 
• Reporting in compliance with applicable law 
• A record retention period of five years 
• Cooperation with City officials and other service providers operating at or 
near the Property 
• Compliance with the Background Screening requirements set forth in 
Exhibit B. 
• Adequate performance metrics to facilitate monitoring and evaluation of 
SVdP’s performance, at least as rigorous as those set forth in Exhibit C. 
 
4.2. Require SVdP, as condition of its agreement with the County, to enter into a 
Facility License with the City of Phoenix for use of the Property that is satisfactory 
to the City. 
4.3. Ensure SVdP complies all applicable law and regulations.  
4.4. Upon the City’s request, share information and reporting related to SVdP’s 
operations at the Property with the City to facilitate the City meeting any of its 
reporting obligations. 
 
5. CITY’S RESPONSIBILITIES  
 
5.1. Enter into and fund agreements with CBI and HSC to provide for, at a 
minimum:  
 
• Case management services 
• Outreach services 
• Transportation 
• Overtime or off duty Phoenix Police Officers to supplement SVdP’s security 
at the Property. 
• Intake coordination 
• Adequate insurance coverage   
• A contract term that expires on October 31, 2022 and which may be 
extended for up to two one-year options at the sole discretion of the City. 
• Reporting in compliance with applicable law 
• A record retention period of five years 
• Cooperation with other service providers operating at or near the Property 
5.2 
Enter into a Facility License to allow SVdP’s use of the Property as 
contemplated herein and to the satisfaction of the City.  
 
5.3 
Upon the County’s request, share information and reporting related to 
operations at the Property with the County to facilitate the County meeting 
any of its reporting obligations.

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EXHIBIT B – SUPPLEMENTAL TERMS AND CONDITIONS 
 
1. CONTRACT WORKER ACCESS CONTROLS, BADGE AND KEY ACCESS 
REQUIREMENT: 
1.1. County and Subcontractor Workers Background Screening: County agrees 
that all County and subcontractors’ workers (collectively “Contract Worker(s))” 
providing services pursuant to this Agreement will be subject to background 
and security checks and screening (collectively “Background Screening”) at 
County’s and its subcontractors’ sole cost and expense, unless otherwise 
provided for in the scope of work. County’s and its subcontractors’ background 
screening will comply with all applicable laws, rules and regulations. County 
further agrees that the background screening is necessary to preserve and 
protect the public health, safety and welfare. 
1.1.1. The City requires a completed Contract Worker Badge/Key/Intrusion 
Detection Responsibilities Agreement for each Contract Worker who 
requires a badge or key. 
1.1.2. The County and its Contract Workers may achieve compliance with this 
Exhibit B during the term of the Agreement. 
 
1.2. Background Screening Risk Level: The City has established two levels of 
risk: Standard and Maximum risk. If the scope of work changes, the City may 
amend the level of risk, which could require the County to incur additional 
contract costs to obtain background screens or badges. The current risk level 
and background screening required is MAXIMUM RISK LEVEL. 
 
1.3. Maximum Risk Level: A maximum risk background screening will be performed 
every five years when the Contract Worker’s work assignment will:  
• work directly with vulnerable adults or children, (under age 18); or 
• any responsibility for the receipt of payment of City funds or control of 
inventories, assets, or records that are at risk of misappropriation; or 
• unescorted access to: 
-  City data centers, money rooms, high-value equipment rooms; or  
-  unescorted access to private residences; or 
-  access to critical infrastructure sites/facilities; or 
-   direct or remote access to Criminal Justice Information Systems (CJIS) 
infrastructure. 
 
1.4. Requirements: The background screening for maximum risk level will include a 
background check for real identity/legal name and will include felony and 
misdemeanor records from any county in the United States, the State of Arizona, 
plus any other jurisdiction where the Contractor worker has lived at any time in 
the preceding seven years from the Contract Worker’s proposed date of hire. In 
addition, Maximum screening levels may require additional checks as included 
herein, depending on the scope of work, and may be amended if the scope of 
work changes.

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1.5. Additional Maximum Risk Background Checks: Maximum screening will 
additionally require: 
• Credit Check (for cash handling, accounting, and compliance positions 
only) 
• Driving records (for driving positions only) 
• Fingerprint verification (only for supervisors of Contract Workers working 
directly with children or vulnerable adults or scope takes the individual to 
a City location with Criminal Justice Information System (CJIS) access.) 
 
1.6. County Certification; City Approval of Background Screening: Unless 
otherwise provided for in the Scope, County will be responsible for: 
 
• determining whether Contract Worker(s) are disqualified from performing 
work for the City for maximum risk level background checks; and, 
• submitting pass/fail results to the City for approval; and, 
• reviewing the results of the background check every three to five years, 
dependent on scope; and, 
• to engage in whatever due diligence is necessary to make the decision 
on whether to disqualify a Contract Worker; and, 
• Submitting the list of qualified Contract Workers to the contracting 
department; and, 
• If, upon review of the background information, the City will advise the 
County if it believes a Contract Worker should be disqualified. The 
County will evaluate the Contract Worker and if the County believes that 
there are extenuating circumstances that suggest that the person should 
not be disqualified, the County will discuss those circumstances with the 
contracting department. The contracting department decision on 
disqualification of a Contract Worker is final. 
• By executing this agreement, County certifies and warrants that County 
has read the background screening requirements and criteria in this 
section, and that all background screening information furnished to the 
City is accurate and current. 
• The City final documented decision will be an “approve” or “deny” for 
identified Contract Workers. 
• The City will not keep records related to background checks once they 
are confirmed. Information to verify the results will be returned to the 
County, or any contracted agency that assists with review, after the City’s 
completed review. 
• By executing this agreement, County further certifies and warrants that 
County has satisfied all such background screening requirements for the 
maximum risk background screening, and verified legal worker status, as 
required. 
• Contract Workers will not apply for the appropriate City of Phoenix 
identification and access badge or keys until County has received the 
City’s written acceptance of Contract Worker’s maximum risk background 
screening. The City may, in its sole discretion, accept or reject any or all 
the Contract Workers proposed by County for performing work under this

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Agreement. A Contract Worker rejected for work at a maximum risk level 
under this agreement will not be proposed to perform work under other 
city contracts or engagements without city’s prior written approval. 
 
1.7. Terms of This Section Applicable to all County’s Contracts and 
Subcontracts: County and its subcontractors will include Contract Worker 
background screening in all contracts and subcontracts for services furnished 
under this Agreement. 
 
1.8. Materiality of Background Screening Requirements; Indemnity: The 
background screening requirements are material to City’s entry into this 
agreement and any breach of these provisions will be deemed a material 
breach of this contract. In addition to the indemnity provisions set forth in this 
agreement, County’s subcontractors will defend, indemnify and hold harmless 
the City for all claims arising out of this background screening section including, 
but not limited to, the disqualifications of a Contract Worker. The background 
screening requirements are the minimum requirements for the Agreement. The 
City in no way warrants that these minimum requirements are sufficient to 
protect County or its subcontractors from any liabilities that may arise out of the 
services under this Agreement or  failure to comply with this section. Therefore, 
County and its subcontractors will take reasonable, prudent and necessary 
measures to preserve and protect public health, safety and welfare when 
providing services under this Agreement. 
 
1.9. Continuing Duty; Audit: County’s and its subcontractors’ obligations and 
requirements will continue throughout the entire term of this Agreement. County 
and its subcontractors will maintain all records and documents related to all 
background screenings and the City reserves the right to audit County’s or 
subcontractors’ records.

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EXHIBIT C – MINIMUM SVDP SCOPE OF WORK 
 
1.0 SCOPE OF WORK 
1.1 Project Purpose: The purpose of the Agreement is for the Contractor to provide 
shelter services to people experiencing homelessness who have used the heat 
relief shelter services at St. Vincent de Paul, 2739 E. Washington Street, 
Phoenix, Arizona 85003 location. 
 
1.2 Project Description: Diocesan Council for the Society of Saint Vincent de Paul 
(SVDP) will work collaboratively to operate an emergency shelter for those 
experiencing homelessness during the summer months. The services will 
include: day and nighttime operations, including security (24/7), beds for up to 
200 individuals, three meals per day for all residents, connection to services 
related to ending homelessness, laundry, clothing and hygiene supplies, 
support case conferencing efforts and coordinate with all other providers to 
connect individuals to needed services and housing. 
 
2.0 PERFORMANCE REPORTING/TIMELINE 
Data to be Submitted  
Submittal Timeline 
(1) 
Total number served 
Monthly 
(2) 
Total number of bed nights provided 
Monthly 
(3) 
Nightly occupancy 
Daily 
(4) 
Average length of stay 
Monthly 
(5) 
Number of positive housing exits for those who 
are case managed  
Monthly