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C
SERVICES AGREEMENT
(Not Construction Related)
American Rescue Plan Act (ARPA) Heat Relief Respite Transporation Services
This Services Agreement (“Agreement”) is entered into and effective between the CITY OF GLENDALE, an Arizona
municipal corporation ("City") and PHOENIX GOSPEL MISSION, INC. dba PHOENIX RESCUE MISSION, an
Arizona Nonprofit corporation, authorized to do business in Arizona (“Consultant”) as of the _____ day of
_________________, 2026 (“Effective Date”).
RECITALS
A.
City intends to undertake a project for the benefit of the public and with public funds, that is more fully set
forth in Exhibit A attached (the "Project");
B.
City desires to retain the professional services of Consultant to perform certain specific duties and produce
the specific work as set forth in the attached Exhibit B, Project Scope of Work (“Scope”);
C.
Consultant desires to provide City with services (“Services”) consistent with industry-best practices and the
standards set forth in this Agreement, in order to complete the Project; and
D.
City and Consultant desire to memorialize their agreement with this document.
AGREEMENT
The parties hereby agree as follows:
1.
Key Personnel; Other Consultants and Subcontractors.
1.1
Services. Consultant will provide all Services necessary to assure the Project is completed timely and
efficiently consistent within Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other consultants or contractors, retained by City.
2.
Schedule. The Services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project. Nevertheless, this Agreement terminates six months from the
effective date.
3.
Consultant’s Work.
3.1
Standard. Consultant must perform Services in accordance with the standards of due diligence, care,
and quality prevailing among consultants having substantial experience with the successful furnishing
of Services for projects that are equivalent in size, scope, quality, and other criteria under the Project
and identified in this Agreement.
3.2
Licensing. Consultant warrants that:
a.
Consultant currently holds all appropriate and required licenses, registrations and other
approvals necessary for the lawful furnishing of Services ("Approvals"); and
b.
Neither Consultant nor any Subconsultant has been debarred or otherwise legally excluded
from contracting with any federal, state, or local governmental entity ("Debarment").
(1)
City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments, or to examine Consultant's contracting ability.
(2)
Consultant must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration. The failure of the Consultant to notify City as
required will constitute a material default under the Agreement.
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3.3
Compliance.
a.
Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards
and criteria designated by City.
b.
Consultant must not discriminate against any employee or applicant for employment on the
basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender
identity or expression, genetic characteristics, familial status, U.S. military veteran status or
any disability. Consultant will require any Sub-contractor to be bound to the same
requirements as stated within this section. Consultant, and on behalf of any subcontractors,
warrants compliance with this section.
3.4
Work Product.
a.
Ownership. Upon receipt of payment for Services furnished, Consultant grants to City
exclusive ownership of and all copyrights, if any, to evaluations, reports, drawings,
specifications, project manuals, surveys, estimates, reviews, minutes, all "architectural work"
as defined in the United States Copyright Act, 17 U.S.C § 101, et seq., and other intellectual
work product as may be applicable ("Work Product").
(1)
This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2)
Consultant warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
b.
Delivery. Consultant will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c.
City Use.
(1)
City may reuse the Work Product at its sole discretion.
(2)
In the event the Work Product is used for another project without further
consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product.
(3)
In such case, City will also remove any seal and title block from the Work Product.
4.
Compensation for the Project.
4.1
Compensation. Consultant's compensation for the Project, including those furnished by its
Subconsultants or Subcontractors will not exceed $95,000.00 as specifically detailed in Exhibit D
("Compensation").
4.2
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated Scope as outlined in the Project is significantly modified.
a.
Adjustments to Compensation require a written amendment to this Agreement and may
require City Council approval.
b.
Additional services which are outside the Scope of the Project contained in this Agreement
may not be performed by the Consultant without prior written authorization from the City.
c.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in the
Exhibits and accompanying attachments, the provisions of this Agreement shall take priority
and govern the conduct of the parties.
4.3
Allowances. An “Allowance” may be identified only for work that is required by the Scope and the
value of which cannot reasonably be quantified at the time of this Agreement.
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a.
As stated in Sec. 4.1 above, the Compensation must incorporate all Allowance amounts and
any unused allowance at the completion of the Project will remain with City.
b.
Consultant may not add any mark-up for work identified as an Allowance and which is to
be performed by a Subconsultant.
c.
Consultant will not use any portion of an Allowance without prior written authorization
from the City.
d.
Examples of Allowance items include, but are not limited to, subsurface pothole
investigations, survey, geotechnical investigations, public participation, radio path studies
and material testing.
5.
Billings and Payment.
5.1
Applications.
a.
Consultant will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated below.
b.
The period covered by each Payment Application will be one calendar month ending on the
last day of the month.
5.2
Payment.
a.
After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b.
Payment may be subject to or conditioned upon City's receipt of:
(1)
Completed work generated by Consultant and its Subconsultants; and
(2)
Unconditional waivers and releases on final payment from all Subconsultants as City
may reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
5.3
Review and Withholding. City's Project Manager will timely review and certify Payment Applications.
a.
If the Payment Application is rejected, the Project Manager will issue a written listing of the
items not approved for payment.
b.
City may withhold an amount sufficient to pay expenses that City reasonably expects to incur
in correcting the deficiency or deficiencies rejected for payment.
6.
Termination.
6.1
For Convenience. City may terminate this Agreement for convenience, without cause, by delivering
a written termination notice stating the effective termination date, which may not be less than 15
days following the date of delivery.
a.
Consultant will be equitably compensated for Services furnished prior to receipt of the
termination notice and for reasonable costs incurred.
b.
Consultant will also be similarly compensated for any approved effort expended, and
approved costs incurred, that are directly associated with Project closeout and delivery of the
required items to the City.
6.2
For Cause. City may terminate this Agreement for cause if Consultant fails to cure any breach of this
Agreement within seven days after receipt of written notice specifying the breach.
a.
Consultant will not be entitled to further payment until after City has determined its damages.
If City's damages resulting from the breach, as determined by City, are less than the equitable
amount due but not paid Consultant for Services furnished, City will pay the amount due to
Consultant, less City's damages, in accordance with the provisions of Sec. 5.
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b.
If City's direct damages exceed amounts otherwise due to Consultant, Consultant must pay
the difference to City immediately upon demand; however, Consultant will not be subject to
consequential damages more than $2,000,000 or the amount of this Agreement, whichever
is greater.
7.
Conflict. Consultant acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating,
securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or consultant of any
other party to this Agreement.
8.
Insurance. For the duration of the term of this Agreement, Consultant shall procure and maintain insurance
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of all tasks or work necessary to complete the Project as herein defined. Such insurance shall
cover Consultant, its agent(s), representative(s), employee(s) and any subcontractors.
8.1
Minimum Scope and Limit of Insurance. Coverage must be at least as broad as:
a.
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including
products and completed operations, with limits of no less than $2,000,000 per occurrence
for bodily injury, personal injury, and property damage. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
b.
Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1
(any auto), with limits no less than $2,000,000 per accident for bodily injury and property
damage.
c.
Worker’s Compensation: Insurance as required by the State of Arizona, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $2,000,000 per
accident for bodily injury or disease.
8.2.
Indemnification.
a.
To the fullest extent permitted by law, Consultant must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an "Indemnified
Party," collectively, the "Indemnified Parties") for, from, and against any and all claims,
demands, actions, damages, judgments, settlements, personal injury (including sickness,
disease, death, and bodily harm), property damage (including loss of use), infringement,
governmental action and all other losses and expenses, including attorneys' fees and litigation
expenses (each, a "Demand or Expense" collectively "Demands or Expenses") asserted by a
third-party (i.e. a person or entity other than City or Consultant) and that arises out of or
results from the breach of this Agreement by the Consultant or the Consultant’s negligent
actions, errors or omissions (including any Subconsultant or Subcontractor or other person
or firm employed by Consultant), whether sustained before or after completion of the
Project.
b.
This indemnity and hold harmless provision applies even if a Demand or Expense is in part
due to the Indemnified Party's negligence or breach of a responsibility under this Agreement,
but in that event, Consultant will be liable only to the extent the Demand or Expense results
from the negligence or breach of a responsibility of Consultant or of any person or entity
for whom Consultant is responsible.
c.
Consultant is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
8.3
Other Insurance Provisions. The insurance policies required by the Section above must contain, or
be endorsed to contain the following insurance provisions:
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a.
The City, its officers, officials, employees and volunteers are to be covered as
additional insureds of the CGL and automobile policies for any liability arising from or in
connection with the performance of all tasks or work necessary to complete the Project as
herein defined. Such liability may arise, but is not limited to, liability for materials, parts or
equipment furnished in connection with any tasks, or work performed by Consultant or on
its behalf and for liability arising from automobiles owned, leased, hired or borrowed on
behalf of the Consultant. General liability coverage can be provided in the form of an
endorsement to the Consultant’s existing insurance policies, provided such endorsement is
at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37, if later
revisions are used.
b.
For any claims related to this Project, the Consultant’s insurance coverage shall be
primary insurance with respect to the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees or
volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it.
c.
Each insurance policy required by this Section shall provide that coverage shall not be
canceled, except after providing notice to the City.
8.4
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
no less than A: VII, unless the Consultant has obtained prior approval from the City stating that a
non-conforming insurer is acceptable to the City.
8.5
Waiver of Subrogation. Consultant hereby agrees to waive its rights of subrogation which any
insurer may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’
Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work
performed by the Consultant, its employees, agent(s) and subcontractor(s).
8.6
Verification of Coverage. Within 15 days of the Effective Date of this Agreement, Consultant shall
furnish the City with original certificates and amendatory endorsements, or copies of any applicable
insurance language making the coverage required by this Agreement effective. All certificates and
endorsements must be received and approved by the City before work commences. Failure to obtain,
submit or secure the City’s approval of the required insurance policies, certificates or endorsements
prior to the City’s agreement that work may commence shall not waive the Consultant’s obligations
to obtain and verify insurance coverage as otherwise provided in this Section. The City reserves the
right to require complete, certified copies of all required insurance policies, including any
endorsements or amendments, required by this Agreement at any time during the Term stated herein.
Consultant’s failure to obtain, submit or secure the City’s approval of the required insurance policies,
certificates or endorsements shall not be considered a Force Majeure or defense for any failure by
the Consultant to comply with the terms and conditions of the Agreement, including any schedule
for performance or completion of the Project.
8.7
Subcontractors. Consultant shall require and shall verify that all subcontractors maintain insurance
meeting all requirements of this Agreement.
8.8
Special Risk or Circumstances. The City reserves the right to modify these insurance requirements,
including any limits of coverage, based on the nature of the risk, prior experience, insurer, coverage
or other circumstances unique to the Consultant, the Project or the insurer.
9.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Consultant warrants its
compliance and that of its Subconsultants with all federal immigration laws and regulations that relate to their
employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Consultant or
Subconsultant’s breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The City retains the legal
right to randomly inspect the papers and records of the other party to ensure that the other party is complying
with the above-mentioned warranty. The Consultant and Subconsultant warrant to keep their respective
papers and records open for random inspection during normal business hours by the other party. The
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Consultant and Subconsultant shall cooperate with the City’s random inspections, including granting the City
entry rights onto their respective properties to perform the random inspections and waiving their respective
rights to keep such papers and records confidential.
10.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a
boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
11. Uyghur Forced Labor Prevention Act (UFLPA). Consultant certifies that it does not currently, and during
the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
12.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Contractor with oversight responsibility.
13.
Notices.
13.1
A notice, request or other communication that is required or permitted under this Agreement (each
"Notice") will be effective only if:
a.
The Notice is in writing; and
b.
Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested).
c.
Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(1)
Received on a business day before 5:00 p.m. at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service; or
(2)
As of the next business day after receipt, if received after 5:00 p.m.
d.
The burden of proof of the place and time of delivery is upon the Party giving the Notice.
e.
Digitalized signatures and copies of signatures will have the same effect as original signatures.
13.2
Representatives.
a.
Consultant. Consultant's representative (the "Consultant's Representative") authorized to
act on Consultant's behalf with respect to the Project, and his or her address for Notice
delivery is:
PHOENIX GOSPEL MISSION, INC. dba PHOENIX RESCUE MISSION
c/o Gabe Priddy
1540 W. Van Buren St
Phoenix, AZ 85007
b.
City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
City of Glendale
c/o Trevor Southwick
7677 W. Bethany Home Rd. Bldg. E
Glendale, Arizona 85303
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With required copy to:
City Manager
City Attorney
City of Glendale
City of Glendale
5850 West Glendale Avenue
5850 West Glendale Avenue
Glendale, Arizona 85301
Glendale, Arizona 85301
c.
Concurrent Notices.
(1)
All notices to City's representative must be given concurrently to City Manager and
City Attorney.
(2)
A notice will not be deemed to have been received by City's representative until the
time that it has also been received by the City Manager and the City Attorney.
(3)
City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Consultant identifying the designee(s) and their
respective addresses for notices.
14.
Entire Agreement; Survival; Counterparts; Signatures.
14.1
Integration. This Agreement contains, except as stated below, the entire agreement between City
and Consultant and supersedes all prior conversations and negotiations between the parties regarding
the Project or this Agreement.
a.
Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b.
Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
c.
Inconsistencies between the solicitation, any addenda attached to the solicitation, the
response or any excerpts, if any, and this Agreement, will be resolved by the terms and
conditions stated in this Agreement.
14.2
Interpretation.
a.
The parties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.
b.
The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c.
The Agreement will be interpreted in accordance with the laws of the State of Arizona.
14.3
Survival. Except as specifically provided otherwise in this Agreement, each warranty, representation,
indemnification and hold harmless provision, insurance requirement, and every other right, remedy
and responsibility of a Party, will survive completion of the Project, or the earlier termination of this
Agreement.
14.4
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Electronic signature blocks do not constitute execution for purposes of this Agreement.
Any amendment may be subject to City Council approval.
14.5
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
14.6
Severability. If any provision of this Agreement is voided or found unenforceable, that determination
will not affect the validity of the other provisions, and the voided or unenforceable provision will be
reformed to conform with applicable law.
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14.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
15.
Term.
15.1
The term of this Agreement commences upon the effective date and continues for a 24-week period.
There are no extensions or renewals available exception as provided below.
15.2
Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
procurement process to select a vendor to provide the services/materials similar to those provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
provided under this subsection will continue under the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
16.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
17.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A
Project
Exhibit B
Scope of Work
Exhibit C
Schedule
Exhibit D
Compensation
[Signatures on following page.]
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The parties enter into this Agreement effective as of the date shown above.
City of Glendale,
an Arizona municipal corporation
_____________________________________
By: Patrick S. Banger
Its: City Manager
ATTEST:
Julie K. Bower
City Clerk
(SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
PHOENIX GOSPEL MISSION, INC. dba
PHOENIX RESCUE MISSION,
an Arizona nonprofit corporation
_____________________________________
By:
Its:
EXHIBIT A
Services Agreement
PROJECT
1.
PROJECT NAME. The Consultant will implement, operate, and/ or complete - including providing all
necessary or reasonable labor, materials, services, supervision, tools, equipment, licenses, and permits necessary to
operate Heat Relief Transportation Services (the "Project"), which is further defined with specificity in Scope of
Work (Exhibit B), Schedule (Exhibit C) and Compensation (Exhibit D) in a manner satisfactory to the City and
consistent with any standards required as a condition of providing these Funds.
2.
REQUIREMENTS. Notice is hereby given that this Agreement is a result of funding received by the
American Rescue Plan. The Consultant will comply with the ARPA regulations as set forth in 31 C.F.R. Part 35 and
all applicable federal, state, and local laws, statutes, ordinances, administrative rules, building codes, regulations and
lawful orders of any public authority bearing on the performance of the Activity pursuant to this Agreement;
including, but not limited to 2 C.F.R. Part 200 and those identified in Addendum No.1 Applicable Federal Laws and
Regulations. This Agreement is funded by and award under Assistance Listing Number, 21.027 CORONAVIRUS
STATE AND LOCAL FISCAL RECOVERY FUNDS provided to the County through the US Department of the
Treasury and the city as it's Consultant.
2.1
The City shall provide reasonable technical assistance to the Consultant to assist in complying with state and
federal laws and accountability for diligent performance and compliance with the terms and conditions of this
Agreement and all applicable laws, regulations, and standards. However, this assistance in no way relieves the
Consultant of full responsibility and accountability for its actions and performance in compliance with the terms of
this Agreement.
2.2
Contracts must comply with the Reporting standards as presented by the US. Treasury Final Rule and work
with Maricopa County to provide compliance information regarding labor certification documentation and keep
records of employees funded through ARPA Funds separate and discrete.
3.
MONITORING.
3.1
The City will monitor the performance of the Consultant against goals and estimates as outlined in the
Scope of Work. Substandard performance as determined by the City will constitute noncompliance with this
Agreement. If action to correct such substandard performance is not taken by the Consultant within a reasonable
period of time after being notified by the City, contract suspension or termination procedures may be initiated. In
addition, Consultant will be deemed ineligible to apply for any type of future funding opportunities with the City
until performance monitoring deficiencies have been determined resolved by the City.
3.2
On-site visits for compliance monitoring may be made by the City at any time during the Consultant's
normal business hours, announced or unannounced. During an on-site visit, the Consultant shall make all its
records, policies, procedures, and accounts related to work performed under this Agreement available to the City for
inspection and copying.
EXHIBIT B
Services Agreement
SCOPE OF WORK
1.
PROJECT DESCRIPTION. The Consultant will operate one (1) 12-passenger and one (1) 15-passenger
vans daily to provide transportation services for individuals or families or other vulnerable populations at-risk for
heat-related illnesses or death who would like to take refuge at the two heat relief respite centers, as specified at the
below locations, during the hours of operation from 12:00 pm - 8:00 pm Monday through Saturday during the
performance period of April 14, 2026 through September 30, 2026. The Consultant will collaborate with heat relief
respite center operators to fulfill this obligation and will work to ensure that any property brought into the location
by participants is stored out of the public view. The Consultant shall not transport persons to the identified
locations if they are at capacity; and should not allow loitering outside of the respite centers or queuing lines to get
in.
2.
REPORTING SUSPICIOUS OR DANGEROUS ACTIVITY. If the Consultant observes any suspicious
activity or crime, it should be promptly reported to the police department. The Consultant will report any incidents
it observes that may involve a liability issue, require emergency response intervention, significant disruptions in
services, or unusual or dangerous interactions which may leave the City open for public scrutiny. The Consultant
shall report incident to City staff by telephone as soon as possible within 24 hours following the occurrence and
shall provide a detailed incident report to City staff within 3 business days following the occurrence.
3.
ADDRESS/LOCATION OF PROJECT.
•
Glendale Mission and Ministry Center, 6242 N 59th Avenue, Glendale, AZ 85301
•
St.John's Lutheran Church, 7205 N 51st Avenue, Glendale, AZ 85301
4.
GOALS AND PERFORMANCE MEASURES. An estimated minimum of 60 individuals per day to
receive transportation services between these two locations.
5.
CLIENT ELIGIBILITY. The Consultant shall implement a process to ensure individuals served are for the
puroses of allowing them to recover from heat exposure.
6.
REPORTING.
6.1
Reporting
6.2
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:
6.3
Monthly Payment Request Form for reimbursement using a template provided by the City.
6.4
Monthly Outcome Report Form provided by the City that reports progress on outcomes/performance
measures from the Consultant.
6.5
Consultant will provide any ad hoc reports as requested by the City or County, including aggregate data.
Such reporting shall be for the purposes of improving access to and effectiveness of service. The City and County
reserves the right to add, remove, or revise reporting requirements at its discretion.
6.6
Share aggregate data at the request of the City or County as soon as possible, but no later than ten (10)
business days from the request date.
7.
AUDIT REQUIREMENT
7.1
Audit Required. If the consultant expends $750,000 or more in a year in federal awards, the consultant shall
have a single audit conducted for that year according to the Office Management and Budget, Title 2, Subtitle A,
Chapter 11, PART 200-UNIFORMADMINISTRATIVEREQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTSFORFEDERALAWARDS
contained in Title 2 C.F.R. § 200 Subpart F.
7.2
Upon completion, such audits shall be made available for public inspection, provided to the city/County,
posted to the consultant's website, and posted to the Federal Audit Clearing House. Audits shall always be made
available upon request. The Consultant shall take any necessary corrective action to remedy any material
weaknessesand/or reportable conditions identified in the audit report within six months after the release date of the
report. The City/County may consider sanctions in accordance with Title 2 C.F.R. § 200.339 Sanctions. All books
and records shall be maintained in accordance with Generally Accepted Accounting Principles (GAAP).
8.
The Consultant shall comply with the following service requirements:
8.1
The Heat Relief Center must adhere to the minimum standards described in Section 3.1-3.3.
8.2
Ensure established Policies and Procedures are in place for service delivery.
8.3
Be responsible for hiring, managing, training, and terminating staff as necessary in accordance with
established policy and procedures or contracting professional services for this purpose.
8.4
Report incidents that may involve a liability issue, require emergency response intervention, significant
disruptions in services, or unusual or dangerous interactions which may leave the County open for public scrutiny.
The Consultant will report incident to City staff by telephone as soon as possible within 24 hours following the
occurrence and will provide a detailed incident report to the City staff within 3 business days following the
occurrence.
9.
Background Checks for Employment Through Central Registry:
9.1
The Consultant shall comply with A.R.S. § 8-804 (as may be amended) and hereby incorporated in its
entirety as provisions of the Agreement.
9.2
The Consultant shall make available Background Check information to the County upon request.
10.
Fingerprinting
10.1
The Consultant shall comply with and shall ensure that all Consultant's employees, independent contractors,
subcontractors, volunteers, and other agencies comply with all applicable (current and future) legal requirements
relating to fingerprinting, fingerprint clearance cards, certification regarding pending or past criminal matters, and
criminal record checks that relate to contract performance.
10.2
Applicable legal requirements relating to fingerprinting, certification, and criminal background checks may
include, but are 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 record checks are hereby incorporated in their entirety as provisions of this Agreement.
10.3
The Consultant is responsible for knowing which legal requirements relating to fingerprinting, fingerprint
clearance cards, certifications regarding pending or past criminal matters, and criminal record checks relate to
contract performance.
10.4
The Consultant shall make available valid Fingerprint information to City/County upon request.
11.
Safeguarding of Participant Information
11.1
The use or disclosure by the Consultant of any information concerning an applicant for or Consultant of
service under this Agreement is directly limited to the conduct of this Agreement. The Consultant and any and all of
its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards,
committees, and commissions shall safeguard the confidentiality of this information, just as they would safeguard
their own confidential information.
11.2
The Consultant shall be responsible for the preparation and retention of any records and shall ensure strict
confidentiality is maintained in accordance with all laws and guidelines including HIP AA and state laws regarding
individual's records.
EXHIBIT C
Services Agreement
SCHEDULE
EXHIBIT D
Services Agreement
COMPENSATION
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Consultant for full completion of all work required by the Project during
the entire term of the Project must not exceed $95,000.00.
DETAILED PROJECT COMPENSATION
1.
The City will fund the Consultant for the full performance of this Agreement and the actual conduct of
the Activity specified herein a total amount not to exceed $95,000.00. This amount constitutes the entire
consideration for the City's participation in the performance and completion of all work to be performed for this
Activity under this Agreement.
2.
ELIGIBLE EXPENES. The Consultant shall only be reimbursed for eligible expenses as outlined in
the agreed upon budget below, including:
2.1
Transportation services to/from Heat Relief Centers
2.2
Purchase of any items not specifically listed above must be approved in writing by City staff.
2.3
Case management services or hotel vouchers are exclusively prohibited and will not be reimbursed.
2.4
Consultant assumes sole and exclusive responsibility for payment of any federal and state income taxes,
federal social security taxes, workers' compensation, and unemployment insurance benefits for its physicians,
staff, agents, and employees, as well as any and all other mandatory governmental deductions or obligations.
3.
MONTHLY BILLINGS. The Consultant will complete monthly billings in accordance with the
following requirements:
3.1
A letter requesting reimbursement of expenditures will be prepared on the Consultant's letterhead, or
other agreed upon method. The Consultant will use the content and format of the letter prescribed by the City.
This letter will be reviewed and signed by the Consultant's executive director (or other authorized signatory
identified in this Agreement). Reimbursement requests will be submitted on a MONTHLY basis and due by the
15th of each month.
3.2
The Activity Budget spreadsheet summarizing monthly and year-to-date expenses will be prepared and
submitted with each request for reimbursement. This report will also account for other resources utilized under
this activity. The City will not reimburse the Consultant without current and complete reporting submittals from
the Consultant.
3.3
Copies of all supporting documents must be submitted with the reimbursement request. The Consultant
will work closely with the City Representative as specified in this agreement to establish the specific
documentation requirements for this Agreement. Examples of supporting documentation, include copies of
timesheets, pay stubs, mileage reports, invoices, statements, receipts, etc.
3.4
The City's reimbursement process may take up to 30-days to complete upon acceptance by the City of
all required documentation. If the reimbursement procedures noted above are not followed correctly, the City
Representative may return the reimbursement request to the Consultant for revisions or hold the request until
all reimbursement requirements have been met. This will delay the reimbursement process.
3.5
Consultant forfeits the right to progress payment or supply expense reimbursement for costs incurred in
any month for which it fails to meet the deadline for submitting the monthly reports, except if such failure is
beyond the reasonable control of the Consultant or a reporting extension has been approved in writing by the City
employee identified in this contract.
3.6
If the City is not reimbursed by Maricopa County Department of Public Health for any services rendered,
City shall notify Consultant immediately and may suspend the service contract or progress payments until the
matter is resolved.
3.7
The Consultant will return to the City, upon expiration or termination of this Agreement, any ARPA
funds that have not been expended and any accounts receivable resulting from the use of ARPA funds within 30
days after the end of the Agreement Term. Any funds held by the City at the end of the Agreement Term or
refunded to the City shall be reallocated by the City.
4.
The Consultant shall submit monthly invoices to: City of Glendale, Community Services Department
7677 W. Bethany Home Rd. Bldg. E. Glendale, AZ 85303 E-mail: hsg@glendaleaz.com;
tsouthwick@glendaleaz.gov
5.
BUDGET.
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C
ADDENDUM NO. 1
Applicable Federal Laws and Regulations
(American Rescue Plan Act (ARPA) Heat Relief Respite Transportation Services, Contract No. C )
This Addendum No. 1 (“Addendum”) to the American Rescue Plan Act (ARPA) Heat Relief Respite
Transportation Services (“Agreement”) is executed this day of , 2026, (“Effective Date”), by and
between the City of Glendale, an Arizona municipal corporation (“City”) and PHOENIX GOSPEL
MISSION, INC. dba PHOENIX RESCUE MISSION, an Arizona Nonprofit Organization, authorized to do
business in Arizona (“Contractor”), collectively (“Parties”).
The Parties agree that the following federal laws and regulations apply to the above-referenced Agreement and
agree it be bound by these same terms and conditions:
FEDERAL LAWS AND REGULATIONS
1.
Applicability of Uniform Administrative Requirements. The parties will comply with all
administrative requirements, cost principles, and audit requirements as provided in 2 C.F.R. Part 200 in
compliance with the Final Guidance issued by U.S. Department of Housing and Urban Development
on Feb. 26, 2015 (Notice: SD-2015-01).
2.
Equal Opportunity.
2.1
The Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
and the HUD regulations under 24 C.F.R. Part 1, which provides that no person in the United
States will, on the grounds of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under any activity
receiving Federal financial assistance by way of grant, loan, or Agreement and will immediately
take any measures necessary to effectuate this Agreement. If any real property or structure
thereof is provided or improved with the aid of Federal financial assistance extended to the
Contractor, this assurance will obligate the Contractor, or in the case of any transfer of such
property or structure is used for a purpose of which the Federal financial assistance is extended
or for another purpose involving the provision of similar services or benefits.
2.2
The Contractor agrees to comply with Title VIII of the Civil Rights Act of 1968 (P.L. 90-284),
as amended by the Fair Housing Amendments Act of 1988 (P.L. 100-430) and will administer
all activities relating to housing and community development in a manner to affirmatively
further fair housing within Constitutional limitations throughout the United States.
2.3
The Contractor agrees to comply with Section 109 of the Housing and Community
Development Act of 1974 and 1977, as amended, and in conformance with all requirements
imposed pursuant to the regulations of the Department of HUD (24 C.F.R. Part 570.602)
issued pursuant to that Section; and in accordance with Equal Opportunity obligations of that
Section, no person in the United States will, on the grounds of race, color, national origin, or
sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination
under, any activity funded in whole or in part with the Community Development funds.
Section 109 of the Act further provides that any prohibition against discrimination on the
basis of age, under the Age Discrimination Act of 1975 (24 C.F.R. Part 146), or with respect
to an otherwise qualified handicapped person, as provided in Section 504 of the Rehabilitation
Act of 1973 (24 C.F.R. Part 8), will also apply to any activity funded in whole or in part with
funds made available pursuant to the Act.
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2.4
The Contractor agrees to comply with Executive Order 11063 on equal opportunity in housing
and related facilities owned or operated by the Federal Government or provided with Federal
financial assistance.
2.5
The Contractor agrees to comply with Executive Order 11246, as amended, requiring
nondiscrimination and affirmative action to ensure nondiscrimination in employment by
government contractors and subcontractors and under federally assisted construction
contractors.
2.6
The Contractor agrees to comply with Section 3 of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701u), as amended, the HUD regulations issued pursuant thereto (24
C.F.R. Part 135) as follows:
a.
The work to be performed under this Agreement is on a project assisted under a
activity providing direct Federal financial assistance from the Department of Housing
and Urban Development and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u);
Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area and agreements
for work in connection with the project be awarded to business concerns that are
located in or owned in substantial part by persons residing in the area of the project.
b.
The parties to this Agreement will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 C.F.R. Part 135, and all applicable rules and orders of
the Department issued there under prior to the execution of this Agreement. The
parties to this Agreement certify and agree that they are under no contractual or other
disability that would prevent them from complying with these requirements.
c.
The Contractor will send to each labor organization or representative or workers, with
which there is a collective bargaining agreement or other agreement or understanding,
if any, a notice advertising the said labor organization or workers' representative of
the commitments under this Section 3 clause and will post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
d.
The Contractor will include this Section 3 clause to every subcontract for work in
connection with the project and will take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations issued
by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The
contractor will not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 C.F.R.
Part 135 and will not let any subcontract unless the subcontractor has first provided
it with a preliminary statement of ability to comply with the requirements of these
regulations.
e.
Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R.
Part 135, and all applicable rules and orders of the Department issued there under
prior to the execution of this Agreement, will be a condition of the Federal financial
assistance provided to the project.
3.
Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban
Development-Effectuation of Title VI of the Civil Rights Act of 1964.
3.1
The Contractor shall, as a recipient of HUD financial assistance, take reasonable steps to
provide meaningful access to Limited English Proficiency (LEP) persons. This requirement
shall extend to the Contractor’s entire activity regardless of how much HUD assistance is
received.
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3.2
In order to determine what reasonable steps must be taken to provide meaningful access to
LEP persons, the Contractor should apply HUD’s four-factor analysis:
a.
Identify the number or proportion of LEP persons eligible to be served or likely to
be encountered by the activity or Contractor.
b.
Identify the frequency with which LEP persons come in contact with the activity.
c.
Consider the nature and importance of the activity or service provided by the activity
to people’s lives.
d.
Identify the resources available to the Contractor and the costs associated with
providing meaningful access to LEP persons.
3.3
The Contractor must determine what language assistance measures are sufficient for the
activity funded with HUD funds. The Contractor shall have flexibility in addressing the needs
of the LEP persons served; however, this flexibility cannot be used to minimize the obligation
that the needs be addressed. The Contractor is not required to take measures that would be a
cost burden or cost prohibitive to the Contractor.
3.4
Efforts to take reasonable steps to provide meaningful access to LEP persons must be
documented in the Contractor’s records and be made available upon request.
4.
Section 504. The Contractor agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against
the handicapped in any federally assisted program.
5.
Subcontracting. All work or services covered by this Agreement, which is subcontracted by the
Contractor will be specified by written Agreement and subject to all provisions of this Agreement. All
subcontracts must be approved by the City prior to execution.
6.
Interest of Certain Federal Officials. No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
7.
Interest of Members, Officers, or Employees of the Contractor, Members of Local Governing
Body, or Other Public Officials. No member, officer, or employee of the Contractor or its designees
or agents, no member of the governing body of the locality in which the activity is situated, and no
other public official of such locality or localities who exercises any functions or responsibilities with
respect to the activity during his or her tenure or for one year thereafter, will have any interest, direct
or indirect, in any Agreement or subcontract, or the proceeds thereof, for work to be performed in
connection with the activity assisted under this Agreement.
8.
Lobbying. Funds provided under this Agreement shall not be used for publicity or propaganda
purposes designed to support or defeat legislation proposed by federal, state, or local governments.
9.
Hatch Act. The Contractor agrees to comply with all provisions of the Hatch Act and that no part
of the activity will involve political activities, nor will personnel employed in the administration of the
activity be engaged in activities in contravention of Title V, Chapter 15, of the United States Code.
10.
Labor Standards Provisions.
10.1
The Contractor agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis-Bacon Act as amended, the provisions of Agreement Work Hours
and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable federal, state and local
laws and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. The Contractor agrees to comply with the Copeland Anti-
Kick-Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U. S. Department
of Labor at 29 C.F.R. Part 5. The Contractor shall maintain documentation that demonstrates
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compliance with hour and wage requirements of this part. Such documentation shall be made
available to the Grantee for review upon request.
10.2
The Contractor agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
Agreements in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this Agreement, shall comply with federal
requirements adopted by the City pertaining to such Agreements and with the applicable
requirements of the regulations of the Department of Labor, under 29 C.F.R. Parts 1,3,5 and
7 governing the payment of wages and ration of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are imposed by
state or local laws nothing hereunder is intended to relieve the Contractor of its obligation, if
any, to require payment of the higher wage. The Contractor shall cause or require to be
inserted in full, in all such Agreements subject to such regulations, provisions meeting the
requirement of this paragraph.
11.
Compliance with Environmental Requirements. The Contractor agrees to comply with any
conditions resulting from the City's compliance with the provisions of the National Environmental
Policy Act of 1969 and the other provisions of law specified at 24 CFR §58.5 insofar as the provisions
of such Act apply to activities set forth in the Scope of Activity.
12.
Compliance with Flood Disaster Protection Act.
12.1 This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(P.L. 93-234). No portion of the assistance provided under this Agreement is approved for
acquisition or construction purposes as defined under Section 3(a) of said Act, for use in any
area identified by the Secretary as having special flood hazards, which is located in a
community not then in compliance with the requirements for participation in the national
flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance
provided under this Agreement for such acquisition or construction in such identified areas
in communities then participating in the National Flood Insurance Program will be subject to
the mandatory purchase of flood insurance requirements of Section 102(a) of said Act.
12.2 Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared, or
improved with assistance provided under this Agreement shall contain, if such land is located
in an area identified by the Secretary as having special flood hazards and in which the sale of
flood insurance has been made available under the National Flood Insurance Act of 1968, as
amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or
assigns to obtain and maintain, during the ownership of such land, such flood insurance
required with respect to financial assistance for acquisition or construction purposes under
Section 102(2) of Flood Disaster Protection Act of 1973. Such provisions will be required
notwithstanding the fact that the construction of such land is not itself funded with assistance
under this Agreement.
13.
Compliance with Environmental Laws.
13.1
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C.
1857 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.; and
the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part
15, as amended from time to time.
13.2
In compliance with said regulations, the City will cause or require to be inserted in full in all
Agreements and subcontracts with respect to any nonexempt transaction thereunder funded
with assistance provided under this Agreement, the following requirements:
a.
A stipulation by the Contractor and subcontractor(s) that any facility to be utilized in
the performance of any nonexempt Agreement or subcontract is not listed on the list
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of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 C.F.R. §15.20.
b.
Agreement by the Contractor and subcontractor(s) to comply with all the
requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8),
and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C.
1318) relating to inspection, monitoring, entry, reports, and information, as well as all
other requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued thereunder.
c.
A stipulation that as a condition for the award of the Agreement, prompt notice will
be given of any notification received from the Director, Office of Federal Activities
EPA, indicating that a facility utilized or to be utilized for the Agreement is under
consideration to be listed on the EPA list of Violating Facilities.
d.
Agreement by the Contractor that it will include or cause to be included the criteria
and requirements in paragraphs (a) through (d) of this section in every nonexempt
subcontract and requiring the Contractor to take such action as the Government may
direct as means of enforcing such provisions.
e.
In no event will any amount of the assistance provided under this Agreement be
utilized with respect to a facility that has given rise to a conviction under Section
113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution
Control Act.
13.3
The Resource Conservation and Recovery Act. Contractor will comply with the Resource
Conservation and Recovery Act (“RCRA”), including, but not limited to, 42 U.S.C. § 6962,
which requires preference be given in procurement programs to the purchase of specific
products containing recycled materials identified in guidelines developed by the
Environmental Protection Agency (“EPA”) (40 C.F.R. Parts 247 through 254).
13.4
The Toxic Substances Control Act. The Contractor will comply with the Toxic Substances
Control Act (“TSCA”), 15 U.S.C. §2601 et seq.
13.5
The Federal Insecticide, Fungicide and Rodenticide Act. The Contractor will comply with the
Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), 7 U.S.C. §136 et seq.
13.6
Contractor will comply with all other applicable federal and state environmental laws and
regulations, including, but not limited to, §6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act (“RCRA”) (Pub. L. 94-580, 42 U.S.C. §6962).
Section 6962 requires that preference be given in procurement programs to the purchase of
specific products containing recycled materials identified in guidelines developed by the
Environmental Protection Agency (“EPA”) (40 C.F.R. Parts 247 through 254). Accordingly,
state and local institutions of higher education, hospitals, commercial organizations and
international organizations when operating domestically, and non-profit organizations that
receive direct Federal awards or other Federal funds will give preference in their procurement
programs funded with Federal funds to the purchase of recycled products pursuant to the
EPA guidelines.
14.
Historic Preservation. This Agreement is subject to the requirements of P.L. 89-665, the
Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive Order 11593, and the
procedures prescribed by the Advisory Council on Historic Preservation in 36 C.F.R. Part 800. The
City must take into account the effect of a project on any district, site, building, structure, or object
listed in or found by the Secretary of the Interior, pursuant to 35 C.F.R .Part 800, to be eligible for
inclusion in the National Register of Historic Places, maintained by the National Park Service of the
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U. S. Department of the Interior, and must make every effort to eliminate or minimize any adverse
effect on a historic property
15.
Historic Barriers. This Agreement is subject to the requirements of the Architectural Barriers Act
of 1968 (42 U.S.C. 4151) and its regulations. Every building or facility (other than a privately-owned
residential structure) designed, constructed, or altered with CDBG funds must comply with
requirements of the "American Standards Specifications for Making Buildings and Facilities Accessible
to, and Usable by, the Physically Handicapped.”
16.
Lead-Based Paint. This Agreement is subject to the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4821 et seq.), and Lead-Based Paint Regulations (24 C.F.R. Part 35 and 24 C.F.R. §570.608
and/or 92.335), and related amendments thereto. The use of lead-based paint is prohibited whenever
federal funds are used directly or indirectly for the construction, rehabilitation, or modernization of
residential structures. All federally assisted residential structures and related property constructed prior
to 1978 will comply with existing and new Lead-Based Paint Hazard Reduction Requirements, effective
September 15, 2000. As the Grantor, the City of Glendale shall be consulted regarding the
Contractor/Grantee's compliance status.
17.
Acquisition/Relocation. This Agreement is subject to providing a certification that it will comply
with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended, implementing regulations at 49 C.F.R. Part 24,
and 24 C.F.R. Part 511.14, which govern the acquisition of real property for the project and provision
of relocation assistance to persons displaced as a direct result of acquisition, rehabilitation, or
demolition for the project.
18.
Property Disposition. Real or personal property purchased in whole or in part with CDBG funds
shall not be disposed through sale, use, or location without the written permission of the City and/or
HUD as applicable. The proceeds from the disposition of real property will be considered Program
Income and subject to 24 CFR §570.504(c).
19.
Debarment, Suspension, Ineligibility and Voluntary Exclusion.
19.1
In order to participate in this Agreement, the Contractor must certify that it and/or its
owners/officers have not been debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency.
19.2
The Contractor, shall include without modification the Certification language, entitled
“Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion –
Lower Tier Covered Transactions” with all subgrantees or other contractors; in all lower tier
covered transactions and in all solicitations for lower tier covered transactions in accordance
with 45 C.F.R. part 76.
19.3
If the Contractor is unable to comply with this requirement, an explanation shall be
immediately provided to the City in accordance with paragraph 30 of this Agreement.
20.
Federal Fire Prevention and Control Act of 1992. The Fire Administration Authorization Act of
1992 added a new Section 31 to the Federal Fire Prevention and Control Act of 1974. This Section
requires that approved smoke detectors be installed in all houses assisted under the CDBG Program.
To comply with this requirement and locally adopted codes Contractor shall install smoke detectors in
all sleeping areas and any hallway connecting these sleeping areas.
21.
Build America, Buy America (BABA). BABA requires all the iron and steel, manufactured products,
and construction materials used in the project to be produced in the United States. If applicable, the
Contractor or contract represents and warrants that; (a) they have reviewed and understand the BABA
(b) all of the iron and steel, manufactured products, and construction materials used in the project will
be and/or have been produced in the United States in a manner that complies with the BABA
requirements, unless a waiver of the requirements is approved, and (c) the Contractor or contractor
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will provide any further verified information, certification or assurance of compliance with this
paragraph, or information necessary to support a waiver of the BABA requirements, as may be
requested. Notwithstanding any other provision of this Agreement, any failure to comply with this
paragraph by the Contractor or contractor shall permit the City to recover any damages against the
Contractor or contractor for any loss, expense, or cost (including without limitation attorney’s fees)
incurred resulting from any such failure.
IN WITNESS WHEREOF, a duly authorized representative of each Party has executed this Addendum as
of the Addendum Effective Date.
CITY OF GLENDALE, an Arizona
municipal corporation
___________________________________
Patrick S. Banger, City Manager
ATTEST:
____________________________________
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
____________________________________
Michael D. Bailey, City Attorney
Phoenix Gospel Mission, Inc. dba Phoenix
Rescue Mission,
an Arizona Nonprofit Corporation
By:
Its: