IGA WITH CITY OF PHOENIX RE HOMELESS SERVICES.PDF
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City of Phoenix IGA Homeless Services
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF PHOENIX
Agreement Number:
Agreement Amount: $7,500,000
Agreement Start Date: December 11, 2024
Agreement Termination Date: December 31, 2026
ALN; 21.027 American Rescue Plan Act, State and Local Fiscal Recovery
Unique Entity ID: VCKMLCEAYFY9
FAIN/Award date: SLFRP0146 awarded 5/18/2021
1.0
PARTIES
This financial Intergovernmental Agreement (“Agreement”) is between the City of Phoenix
(“City” or “Subrecipient”) and Maricopa County (“County”) administered by its Human
Services Department, (“Department”), The County and the Subrecipient collectively are
referred to as the “Parties” and individually as the “Party.”
2.0
PURPOSE
Through this Agreement the County seeks to expand services for individuals and families
experiencing homelessness in the City of Phoenix. The County shall provide the City with
American Rescue Plan Act (ARPA) State and Local Fiscal Recovery funds (SLFRF) to
administer emergency shelter, provide essential services and facility operations, establish
temporary transitional senior housing and develop permanent supportive senior housing,
which shall principally serve people experiencing homelessness in the greater Phoenix
area.
3.0
TERM OF AGREEMENT
3.1
The term of this Agreement is from December 11, 2024, through December 31,
2026.
3.2
This Agreement shall be effective upon approval and signature by both Parties.
4.0
AMENDMENTS
The Agreement may be amended, provided the City is in full compliance with all the terms
and conditions of the Agreement as agreed to by the Parties. Amendments to this
Agreement shall be in writing and signed by authorized signers for both Parties.
5.0
ADMINISTRATIVE CHANGE ORDERS
5.1
The Chairman of the Board of Supervisors is authorized, upon the
recommendation of the Human Services Department Director and Legal Counsel,
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to review and execute administrative changes to the Agreement on behalf of the
County through Administrative Change Orders. Administrative Change Orders will
be effective upon execution by both the Parties. Administrative Change Orders
shall address any of the following changes:
5.1.1 Modifications to the project timeline if the last day of the project timeline is
within the Agreement term.
5.1.2 Modifications to Budget line items if the Agreement amount remains
unchanged.
5.1.3 Modifications required by federal, state, or County regulations, ordinances,
or policies; and/or
5.1.4 Modifications to Administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by federal, state,
and local regulations, policies, or requirements.
6.0
ACRONYMS AND DEFINITIONS
Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are incorporated by
reference.
7.0
FUNDING
The County shall provide the City with $7,500,000 in ARPA Funds under Assistance Listing
Number (ALN) 21.027 provided to the County through the U.S. Department of Treasury.
ARPA funds must be fully expended by December 31, 2026.
8.0
AVAILABILITY OF FUNDS
8.1
This Agreement and the Parties’ obligations under it shall become effective when
funds assigned for the purpose of compensating the Subrecipient are available to
the County for disbursement. The County shall be the sole authority in determining
the availability of funds under this Agreement, and the County shall keep the
Subrecipient fully informed as to the availability of funds.
8.2
If any action is taken by any federal, state, local agency, or any other agency or
instrumentality of competent jurisdiction other than the Parties to amend, suspend,
or terminate its fiscal obligation under or provided in connection with this Agreement,
then the Parties may amend, suspend, or terminate this Agreement.
8.3
In the event of termination, the County shall be liable for payment only for costs
incurred prior to the effective date of the termination, provided that such services
were performed in accordance with the provisions of this Agreement. Furthermore,
upon termination Subrecipient shall be released from all pending responsibilities and
shall have no further obligation to perform under the Agreement unless it is expressly
provided for herein as an obligation that survives termination.
8.4
The Parties shall give written notice of their intent to suspend performance or intent
to terminate this Agreement under this Section at least ten (10) calendar days in
advance.
9.0
RESPONSIBILITIES OF ORGANIZATIONS
9.1
The City shall:
9.1.1 Provide or contract with an eligible subcontractor to provide services as
identified and outlined in the following:
9.1.1.1
Exhibit A - Statement of Work – Emergency Shelter; and
9.1.1.2
Exhibit B – Statement of Work – Senior Bridge
9.1.2 Ensure the City’s and any subcontractors’ compliance with federal, state,
City and County requirements as they relate to the federal ARPA and
general federal grant requirements.
9.1.3
Ensure the City’s and any subcontractors’ compliance with all laws, rules,
and regulations.
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9.1.4
Maintain a sufficient number of qualified and trained staff to provide services
under this Agreement:
9.1.5
Complete Quarterly Reports no later than 30 days after the end of the
reporting quarter with the following information
9.1.5.1
Current quarter expenditures.
9.1.5.2
Expenditure forecasting for the current quarter and duration of
the Agreement term.
9.1.5.3
Any anticipated delays or disruptions.
9.1.5.4
Any other issues or information the County or its Human Services
Department should be aware of.
9.1.5.5
Quarterly Reports will be due no later than 30 days after the end
of the reporting quarter.
9.2
The County shall:
9.2.1
Provide timely payment of City invoices on a monthly basis.
9.2.2
Report to the U.S. Department of Treasury on the City’s use of funds.
9.2.3
Respond to questions from the City in a timely manner.
9.2.4
Provide technical assistance and training to City staff as necessary to ensure
proper administration services under this Agreement.
10.0
COMPENSATION
10.1
The Agreement is on a cost reimbursement basis:
10.2
The City shall submit to the County monthly invoices for all expenditures related to
this Agreement.
10.3
The County shall reimburse the City on a net 0 payments standard.
10.4
Final Reimbursement Upon Agreement Termination:
10.4.1 Prior to termination of this Agreement, at the date identified on page 1 of this
Agreement, the City shall submit the final reimbursement request.
10.4.2 The final progress report, and any other required reports that may be
applicable, shall be submitted with the final reimbursement request.
11.0
METHOD OF PAYMENT
11.1
The
City
shall
submit
invoices
for
Agreement
activities
to
hsdfinance@maricopa.gov.
11.2
Payment by the County is not to be construed as final in the event that the
Department of Treasury disallows payment for the activity or any portion thereof.
Funds not expended in implementing this activity or upon completion of the activity
shall be returned to the ARPA unprogrammed funds account.
12.0
DISALLOWED COSTS
12.1
The cost principles set forth in the Code of Federal Regulations (“C.F.R.”), 2 C.F.R.
Part 200 Subpart E, including later amendments and editions on file with the Arizona
Secretary of State and incorporated here by reference, shall be used to determine
the allowability of incurred reimbursable costs under Agreement. The City shall
follow cost principles as outlined in Office of Management and Budget (OMB)
Uniform Guidance, 2 C.F.R. §§ 200, et seq.
12.2
Those costs that are specifically defined as unallowable in 2 C.F.R. Part 200,
Subpart E, shall not be submitted for reimbursement by the City and shall not be
reimbursed with County funds.
13.0
TERMINATION
13.1
Under A.R.S. § 38-511, the Parties may cancel this Agreement without penalty or
further obligation within three years (3) after execution of this Agreement, if any
person significantly involved in initiating, negotiating, securing, drafting or creating
this Agreement on behalf of one Party at any time while this Agreement or any
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extension of this Agreement is in effect, is or becomes an employee or agent of any
other Party to this Agreement in any capacity or consultant to any other party to this
Agreement with respect to the subject matter of this Agreement. Additionally,
pursuant to A.R.S. § 38-511, either Party may recoup any fee or commission paid
or due to any person significantly involved in initiating, negotiating, securing, drafting,
or creating this Agreement on behalf of the one Party from the other Party to this
Agreement arising as the result of this Agreement. A cancellation notice made under
this Subparagraph shall be effective when the recipient receives a written notice of
cancellation unless the notice specifies a later date.
13.2
Either Party may terminate this Agreement at any time by giving the other Party at
least sixty (60) calendar days prior notice in writing (unless terminated by a Party
under the Availability of Funds provision). Any notice shall be given by either
personal delivery or registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth on Section 13.0 of this
Agreement. In the event of termination, the Parties shall be liable for payment only
for reimbursable costs incurred prior to the effective date of the termination, provided
that such services were performed in accordance with the provisions of this
Agreement. Neither Party shall be liable for any incomplete or additional
performance under the Agreement unless expressly stated herein as an obligation
that survives termination.
13.3
The County may suspend or terminate this Agreement if the City violates any term
or condition of this Agreement or if the City fails to maintain a good-faith effort to
carry out the purpose of this Agreement.
13.4
The Parties may terminate this Agreement for convenience upon 30 days’ prior
written notice. The Parties shall agree upon the termination conditions including the
effective date of the termination. The Party initiating the termination shall notify the
other Parties in writing stating the reasons for such termination.
14.0
NOTICES
Notifications and communications concerning this Agreement shall be directed to the
following:
City:
City of Phoenix
Office of Homeless Solutions
Rachel Milne, Director
(602) 534-0576
Rachel.milne@phoenix.gov
200 W Washington St 17th Floor
Phoenix, AZ 85003
Maricopa County:
Human Services Department
Community Resilience Division
Siman Qaasim, Assistant Director
(602) 506-4841
Siman.Qaasim@Maricopa.gov
234 N. Central Avenue 3rd Floor
Phoenix, AZ 85004
15.0
EMPLOYMENT DISCLAIMER
15.1
This Agreement is not intended to constitute, create, give rise to, or to otherwise
recognize a joint venture, partnership, or other formal business association or
organization of any kind, and the rights and obligations of the Parties shall be only
those expressly set forth in this Agreement.
15.2
The City agrees that no individual performing under this Agreement on behalf of the
City shall be considered a County agent, employee, or representative and those
individuals are not entitled to County civil service rights, County retirement rights, or
any other rights provided under the County personnel rules, nor shall those rights
accrue or apply to any such individual. The City shall have total responsibility for all
salaries, wages, bonuses, retirement, withholdings, workers’ compensation,
occupational disease compensation, unemployment compensation, other employee
benefits, and all taxes and premiums appurtenant thereto concerning such
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individuals shall indemnify, defend and hold harmless the County with respect to the
foregoing.
15.3
The County agrees that no individual performing under this Agreement on behalf of
County may be considered a City agent, employee, or representative and that no
rights of City civil service, City retirement, or City personnel rules shall accrue or
apply to any such individual. The County shall have total responsibility for all salaries,
wages, bonuses, retirement, withholdings, workers’ compensation, occupational
disease compensation, unemployment compensation, other employee benefits, and
all taxes and premiums appurtenant thereto concerning such individuals and the
County shall indemnify, defend and hold harmless the City with respect to the
foregoing.
16.0
GENERAL REQUIREMENTS
16.1
The terms of this Agreement shall be construed in accordance with Arizona law and
the applicable laws and regulations of ARPA. Any lawsuit arising out of this
Agreement shall be brought in the superior court Maricopa County, Arizona.
16.2
The City shall, without limitation, obtain and maintain all licenses, permits and
authority necessary to do business, render services and perform work under this
Agreement, and shall comply with all laws regarding unemployment insurance,
disability insurance and worker's compensation.
16.3
The City shall comply with the regulations prohibiting a conflict of interest. The City
shall not make any payments, either directly or indirectly, to any person, partnership,
corporation, trust, or other organization that has a substantial interest in City's
organization or with which the City (or any of its directors, officers, owners, trust
certificate holders, or a relative thereof) has a substantial interest, unless the City
has made full written disclosure of the proposed payments to the County and has
received written approval for the payments.
16.4
For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
17.0
ASSIGNMENT AND SUBCONTRACTING
17.1
No right, liability, obligation, or duty under this Agreement may be assigned,
delegated, or subcontracted, in whole or in part, without the prior written approval of
the County. The City shall bear all liability under this Agreement, even if it is
assigned, delegated, or subcontracted, in whole or in part, unless the County agrees
otherwise.
17.2
In accordance with 2 C.F.R. §200.331, the City may make a “Subaward” as a pass-
through entity for the purpose of carrying out a portion of the federal award and
General Funds. The City will make determinations classifying recipients of Federal
Funds as a subrecipient or subcontractor.
17.3
The subcontractor’s rate for the job shall not exceed that of the City’s rate, as bid in
the pricing section, unless the City is willing to absorb any higher rates, or the County
has approved the increase. The Subcontractor’s invoice shall be invoiced directly to
the City, who in turn shall pass through the costs to the County, without mark-up. A
copy of the Subcontractor’s invoice must accompany the City’s invoice.
17.4
City must ensure any Subaward recipient or subcontractor is compliant with all
ARPA and general Federal Grant requirements, including reporting requirements.
18.0
DISPUTES
18.1
Except as otherwise provided for in this Agreement, the Parties may attempt to
informally resolve any dispute arising out of this Agreement for a reasonable period
of time, but which shall not exceed one hundred twenty (120) calendar days.
Disputes which are not resolved in that time period, shall be submitted in accordance
with the following formal dispute resolution process.
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18.2
Notice of the specific grounds of a formal dispute shall be in writing and filed with the
County Representative listed in the Notices paragraph, within ten (10) business days
from the date the City knew or should have known of the basis of the dispute.
18.3
The County Representative shall respond in writing to the City within fourteen (14)
business days. The decision of the County Representative shall be final and
conclusive unless, within seven (7) business days after the date the City is served
with the decision, the City files a written notice of appeal with the Human Services
Department Director.
18.4
The Department Director shall provide the City with a written response within
fourteen (14) business days following receipt of the notice of appeal. The decision
of the Director shall be final and not appealable, except as provided in subsection
17.6.
18.5
Pending a final decision of the Director, the City shall diligently proceed with its
performance of this Agreement in accordance with the County Representative’s
decision.
18.6
In the event the City disagrees with the Director’s decision, City shall have every
existing and future right or remedy available by law or in equity to resolve the dispute.
19.0
SEVERABILITY
If any provision of this Agreement is determined to be invalid, void, or illegal by a court that
determination shall in no way affect, impair, or invalidate any other provision of this
Agreement, and the remaining provisions shall remain in full force and effect.
20.0
STRICT COMPLIANCE
One Party’s acceptance of the other Party’s performance that is not in strict compliance with
the terms of this Agreement, shall not be deemed to waive the requirements of strict
compliance for all future performance. All changes in performance obligations under this
Agreement shall be in writing and signed by both Parties.
21.0
SINGLE AUDIT ACT REQUIREMENTS
The City is in receipt of federal funds through the County and is subject to the federal audit
requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at
31 U.S.C. § 7501, et seq.). The City shall comply with 2 C.F.R. 200, Subpart F. Upon
completion, such audits shall be made available for public inspection. Audits shall be
submitted to the County within the twelve (12) months following the close of the fiscal year.
The City shall take corrective action within six (6) months of the date of the receipt of audit
findings. The County shall consider sanctions as described in 2 C.F.R. § 200.505 if it is
determined by the Department of Treasury or the County that the City is not in compliance
with the audit requirements.
22.0
AUDIT DISALLOWANCES
22.1
The City shall, upon written notice, reimburse the County for any payments made
under this Agreement that are disallowed by a federal, state, or County audit in the
amount of the disallowance, unless the disallowance arises solely from the conduct
of the County. Court costs and attorney and expert fees incurred will be specifically
identified as applicable to the recovery of the disallowed costs in question.
22.2
If the County determines that a cost for which payment has been made is a
disallowed cost, then the County will notify the City in writing of the disallowance and
identify the required course of action, which shall be at the option of the County,
either to adjust any future claim submitted by the City by the amount of the
disallowance or to require immediate repayment of the disallowed amount by the
City issuing a check payable to the County.
23.0
PROPERTY
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23.1
Any County property furnished or leased pursuant to the terms of this Agreement
shall be utilized, maintained, repaired, and accounted for in accordance with the
instructions furnished by the County, and title to all such property shall revert to the
County upon the expiration or termination of this Agreement. The costs to repair
such property is the responsibility of the City within the limits budgeted in this
Agreement.
23.2
Any City property furnished or purchased pursuant to the terms of the Agreement
shall be utilized, maintained, repaired, and accounted for by the City or City’s
subrecipient, as applicable. Repair costs of such property shall be the responsibility
of the City or City’s subrecipient, as applicable.
24.0
LIMITATION ON LIABILITY
24.1
The County and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and
commissions shall not be liable for any act or omission by the City or any and all of
its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, or commissions occurring in the
performance of this Agreement, nor shall the County and its agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies, boards,
committees, and commissions be liable for purchases or contracts made by the City
or any and all of its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, or commissions in
connection with this Agreement, except as otherwise provided by law.
24.2
The City and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions shall not
be liable for any act or omission by the County or any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions occurring in the performance of this
Agreement, nor shall the City and its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, committees, and
commissions be liable for purchases or contracts made by the County or any and all
of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, or commissions in connection with this
Agreement, except as otherwise provided by law.
25.0
GENERAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party and its officers, officials, employees, and agents (collectively, “Indemnitees”) from
and against any and all claims, losses, liability, costs, or expenses (including reasonable
attorney and expert fees) (collectively referred to as “Claims”) either arising from or
related to breach of this Agreement, but only to the extent that such Claims are caused
by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any
and all of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions. The obligations under
this Section 24 shall survive termination of this Agreement.
26.0
INSURANCE
26.1
The City is a public entity and shall ensure the Insurance thresholds below are met
and provide the County with a Certificate of Self-Insurance equal to:
General Aggregate
$3,000,000, and
Each Occurrence Limit
$1,000,000; and
Workers’ Compensation
a limit of no less than $1,000,000 for each
accident.
26.2
Mail COI to:
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Maricopa County
c/o Risk Management
301 W Jefferson St., Suite 910
Phoenix, AZ 85003
26.3
Cancellation and Expiration Notice:
26.3.1 Applicable to all insurance policies required within the insurance
requirements of this contract, City’s insurance shall not be permitted to
expire, be suspended, be canceled, without 30 days prior written notice to
Maricopa County. Such notice shall be sent directly to Maricopa County
Human Services Department and shall be mailed, or hand delivered to 234
N. Central Avenue, Phoenix, AZ 85004, or emailed to the Human Services
representative noted in the Contract.
26.4
Subcontractors: The City’s certificate(s) shall include all Subcontractors as
insureds under its policies, or the City shall furnish separate certificates for each
Subcontractor. All coverage for Subcontractors shall be subject to the minimum
requirements identified above.
26.5
Approval: Any modification or variation of the insurance requirements in any
agreement must have prior approval from the County whose decision shall be final.
Such action will not require a formal amendment.
27.0
OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, direct services under this Agreement shall
be performed within the borders of the United States. Any services that are described in
the specifications or scope of work that directly serve the State of Arizona or its clients and
may involve access to secure or sensitive data or personal client data or development or
modification of software for the State shall be performed within the borders of the United
States. Unless specifically stated otherwise in the specifications, this definition does not
apply to indirect or “overhead” services, redundant back-up services, or services that are
incidental to the performance of the Agreement. This provision applies to all work
performed by the City’s or any Subcontractors at all tiers.
28.0
TECHNICAL ASSISTANCE
The County will provide reasonable technical assistance to the City to assist in complying
with state and federal laws, and regulations, 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 City of full
responsibility and accountability for its actions and performance in compliance with the
terms of this Agreement.
29.0
STAFF AND VOLUNTEER TRAINING
The County may make available to the City the opportunity to participate in any applicable
training activities conducted by the County.
30.0
CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Parties agree to comply with
all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as
amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of
performance of this Agreement.
31.0
LOBBYING
31.1
No federal appropriated funds have been paid or will be paid by or on behalf of the
City to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with the awarding of any federal
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agreement, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal agreement, grant, loan, or
cooperative agreement.
31.2
If any funds, other than federal appropriated funds, have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with any federal agreement,
grant, loan or cooperative agreement, then the City shall complete and submit
OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its
instructions and 31 U.S.C. § 1352.
32.0
RELIGIOUS ACTIVITIES
The City warrants that none of its costs and none of the costs incurred by the City or any of
its subcontractors or subrecipients will include any expense related to any religious
activities.
33.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County under this
Agreement shall be used for any partisan political activity, or to further the election or defeat
of any candidate for public office.
34.0
COVENANT AGAINST CONTINGENT FEES
The City warrants that no persons or entities have been employed or retained by it to solicit
or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of this warranty, the
County may immediately terminate this Agreement without liability.
35.0
RIGHTS IN DATA
The Parties shall each have the use of data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable
regulation. Each Party shall supply to the other Party, upon request, any available
information that is relevant to this Agreement and to the performance under it, except to the
extent prohibited by law.
36.0
COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright
the work, but the Parties reserve a royalty-free, nonexclusive, perpetual and irrevocable
license to reproduce, publish, and otherwise use and authorize others to use, all copyrighted
material and all material that may be copyrighted as a result of this Agreement.
37.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
37.1
The County will monitor the City's compliance as needed for fiscal and
programmatic performance under the terms and conditions of this Agreement and
applicable regulations promulgated by the U.S. Department of Treasury and
Maricopa County. On-site visits for compliance monitoring may be made by the
County and/or its grantor agencies at any time during the City's normal business
hours, announced and/or unannounced. For auditing purposes, the County shall
provide the City with 30-days’ advance notice of any proposed on-site visit. During
an on-site visit(s), the City shall reasonably make all of its records and accounts
related to work performed or services provided under this Agreement available to
the County for inspection and copying.
37.2
The County shall request information for fiscal monitoring/audit per Uniform
Guidance 2 C.F.R. § 200, to include as applicable:
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37.2.1 Financial Management 2 C.F.R. § 200.302
37.2.2 Internal Controls 2 C.F.R. § 200.303
37.2.3 Bonds 2 C.F.R. § 200.304
37.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
37.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
37.2.6 Program Income 2 C.F.R. § 200.307
37.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
37.2.8 Period of Performance 2 C.F.R. § 200.309
37.2.9 Insurance Coverage 2 C.F.R. § 200.310
37.2.10
Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
37.2.11
Procurement Standards 2 C.F.R. § 200.318
37.2.12
Indirect Costs 2 C.F.R. § 200.414
37.2.13
Compensation-Personal Services 2 C.F.R. § 200.430
37.2.14
Audit Requirements 2 C.F.R. §§ 200.501-200.517
38.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
38.1
The City shall, during the term of this Agreement, within fifteen (15) business days
from acceptance, inform the Director in writing of the award of any other agreement
or grant, including any other agreement or grant awarded by the County, where
the award may affect either the direct or indirect costs being paid or reimbursed
under this Agreement. The City’s failure to notify the County of any such
agreement shall be a breach of this Agreement and the County may immediately
terminate this Agreement without liability.
38.2
The Director may request, and City shall provide within a reasonable time, which
shall not exceed ten (10) business days, a copy of all such other agreements or
grants, when, in the opinion of the Director, the award of the agreement or grant
may affect the costs being paid or reimbursed under this Agreement, except to the
extent prohibited by law.
38.3
If the Director determines that the award to the City from such other agreements
or grants has affected the costs being paid or reimbursed under this Agreement,
then the Director shall prepare an amendment to this Agreement affecting a cost
adjustment. If the City disputes the proposed cost adjustment, then the dispute
shall be resolved pursuant to the "Disputes" paragraph of this Agreement.
39.0
MINIMUM WAGE REQUIREMENTS
The City warrants that it shall pay all of its employees who are engaged in either performing
work or providing services under the terms of this Agreement not less than the minimum
wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938, as
amended (29 U.S.C. §§ 201, et seq.), by law and regulation, and, as applicable, Executive
Order 13658, as amended, and as specified by Arizona law.
40.0
RECOGNITION OF COUNTY SUPPORT
The City shall give recognition to the County and the funding source for its support when
the City publishes materials or releases public information that is paid for in whole or in part
with funds received by the City under this Agreement.
41.0
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
The City, in connection with any services or other activities under this Agreement, shall not
in any way discriminate against any person on the grounds of race, color, religion, sex,
national origin, age, disability, political affiliation or belief. The City shall include this clause
in all its Subcontracts.
42.0
DISABILITY REQUIREMENTS
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The City agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2531 and 41-2532 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
43.0
EQUAL EMPLOYMENT OPPORTUNITY
43.1
The Parties shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, sexual identity,
gender identity, or national origin.
43.2
The Parties shall take affirmative action to ensure that applicants are employed
and that employees are treated during employment without regard to their race,
age, disability, color, religion, sex sexual identity, gender identity, or national origin.
Such action shall include, but is not limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
43.3
The Parties shall and shall cause their respective Subcontractors to comply with:
43.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
43.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
43.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
43.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
43.3.5 Arizona Executive Order 2009-09, et seq. as amended, which mandates
that all persons shall have equal access to employment opportunities.
44.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Parties agree to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. §§ 200, et seq.
45.0
FINANCIAL MANAGEMENT
The City shall establish and maintain a separate, interest-bearing bank account for money
provided under this Agreement, or shall establish an accounting system that assures the
safeguarding and accountability of all money and assets provided under this Agreement.
No part of the money deposited in the bank account shall be co-mingled with other funds or
money belonging to the City. All interest earned on the account shall be disbursed in the
manner specified by the County in accordance with applicable State of Arizona and federal
regulations. The City shall provide a signed bank account agreement authorizing the County
to obtain information about the account. If an accounting system is used, then it shall be in
accordance with generally accepted accounting principles.
46.0
RETENTION OF RECORDS
46.1
This provision applies to all financial and programmatic records, supporting
document, statistical records, and other records of the City that are related to this
Agreement.
46.2
The City shall retain all records relevant to this Agreement for six (6) years after final
payment or until after the resolution of any audit questions which could be more than
six (6) years, whichever is longer, and the County, federal and state auditors and
any other persons duly authorized by the County shall have full access to, and the
right to examine, copy, and make use of any and all of the records.
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47.0
ADEQUACY OF RECORDS
If the City’s books, records and other documents related to this Agreement are not sufficient
to support and document that allowable services were provided to eligible participants as
determined by a court of competent jurisdiction, then the City shall reimburse the County for
the services not supported and documented.
48.0
IMMIGRATION LAWS AND REGULATIONS
48.1
Federal Immigration and Nationality Act
48.1.1 The City understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The City agrees to
comply with the IRCA in performing under this Agreement and to permit the
County to reasonably inspect personnel records to verify such compliance,
to the extent required by law.
48.1.2 By entering into this Agreement, the City warrants compliance with the
Federal Immigration and Nationality Act (FINA) and all other federal
immigration laws and regulations related to the immigration status of its
employees. The City shall obtain statements from their subcontractors
certifying compliance and shall furnish the statements to the County upon
request. These warranties shall remain in effect through the term of the
Agreement. The City and their subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the U.S.
Department of Labor’s Immigration and Control Act for all employees
performing work under the Agreement. I-9 forms are available for download
at USCIS.GOV.
48.1.3 The County may request verification of compliance for any employee or
Subcontractor performing work under the Agreement. Should the County
suspect or find that the City or any of its Subcontractors are not in
compliance, then the County may pursue any and all remedies allowed by
law, including, but not limited to: suspension of work, termination of the
Agreement for default, and suspension or debarment (or both) of the City.
All costs necessary to verify compliance are the responsibility of the City or
its Subcontractor.
48.2
Arizona Law: The City warrants that it is in compliance with A.R.S. § 41-4401 (e-
verify requirements) and further acknowledges that:
48.2.1 The City and Vendors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214.
48.2.2 A breach of a warranty under this Subparagraph 47.2.2 shall be deemed a
material breach of this Agreement and the non-breaching Party may
immediately terminate this Agreement without liability; and
48.2.3 The County and any contracting government entity retain the legal right to
inspect the papers and employment records of the City or its Vendor’s
employees who works on this Agreement to ensure that such Party or
Vendor is complying with the warranty provided under this Subparagraph
47.2.3 and that the City agree to make all papers and employment records
of those employees available during normal working hours in order to
facilitate such an inspection.
49.0
DRUG FREE WORKPLACE ACT
The City shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.),
which requires that City’s and grantees of federal funds must certify that they will provide
Drug-Free workplaces. This certification is a precondition to receiving a grant or entering
into this Agreement.
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50.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
50.1
The undersigned, by signing this Agreement, represents that he/she has the
authority to bind the City to the terms of this Certification. The City, as the primary
participant in accordance with 2 C.F.R. Part 180, certifies to the best of its knowledge
and belief that it and its principals:
50.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
50.1.2 Have not within a 3-year period preceding the Start Date of this Agreement,
been convicted of or had a civil judgment rendered against them for (1) the
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, State, or local)
transaction or a contract under a public transaction; (2) the violation of any
federal or State antitrust statutes or (3) the commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
50.1.3 Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with the commission of any of
the offenses enumerated in Sub-subparagraph 49.1.2 above; and
50.1.4 Have not, within a three-year period preceding the Start Date of this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default.
50.2
The City agrees to include, without modification, this clause in all lower tier covered
transactions (i.e., transactions with Subcontractors) and in all solicitations for lower
tier covered transactions related to this Agreement.
51.0
CITY EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS:
51.1
The City agrees that this Agreement and its employees working on this Agreement
will be subject to the whistleblower rights and remedies in the federal pilot program
established at 41 U.S.C. § 4712 by Section 828 of the National Defense
Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and Section 3.908 of the
Federal Acquisition Regulation;
51.2
The City shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. §
4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by the City and
copies provided to County upon request; and
51.3
The City shall insert the substance of this clause, including this Paragraph 50.0, in
all subcontracts over the agreed upon simplified acquisition threshold ($250,000 as
of June 2021).
52.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the City engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the City certifies it is not currently
engaged in and agrees for the duration of this Agreement not to engage in, a boycott of
goods and services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
53.0
SURVIVAL
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The indemnification, hold harmless, defense, and non-liability provisions of this Agreement
shall have full force and effect notwithstanding any other provisions in this Agreement and
shall survive the termination or expiration of this Agreement.
54.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
54.1
Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
54.2
This Agreement may be immediately terminated by a Party if the other Party defaults
by failing to perform any objective or breaches any obligation under this Agreement,
or any event occurs that jeopardizes the other Party’s ability to perform any of its
obligations under this Agreement.
54.3
Failure to comply with the requirements of this Agreement and all the applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just
compensation for work satisfactorily completed that, to date, had not been
reimbursed), the reimbursement of funds improperly expended, or the recovery of
funds improperly acquired. Noncompliance includes, but is not limited to:
54.3.1 Non-performance of any obligations required by this Agreement.
54.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or
regulations.
54.3.3 Unauthorized expenditure of funds.
54.3.4 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB circulars and 2 C.F.R. §§ 200
et seq.
54.3.5 Noncompliance with recordkeeping, record retention, or reporting
requirements.
54.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the City shall, without intent to
limit or with restrictions, be subject to the following:
54.4.1 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the City at the time of suspension or
termination, or that may accrue later. Nothing herein shall be construed to
limit or terminate any right or remedy available under Agreement.
54.4.2 Waiver of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall not
operate as a waiver of any subsequent breach of the same or any other
term, covenant, condition, law, rule, or regulation.
54.5
The City shall, upon notice or with knowledge obtained by itself or others, take
any and all proactive actions necessary, and provide any and all applicable
remedies to address and correct any act by itself, and any and/or all of its agents,
representatives, officers, officials, directors, employees, volunteers, successors,
assigns, or Subcontractors that resulted in any wrongdoing (intentional or
unintentional); misuse or misappropriation of funds; the incorrect or improper
disposition of funds; any violation of any federal, state, or local law, rule, or
regulation; or the breach of any certification or warranty provided in this
Agreement.
55.0
ADMINISTRATIVE REQUIREMENTS
55.1
Accounting Standards –the City agrees to comply with this Agreement and to
adhere to the accounting principles and procedures required to utilize adequate
internal controls and maintain necessary source documentation for all costs
incurred, as well as any applicable federal laws and regulations. The City further
agrees to maintain an adequate accounting system that provides appropriate grant
accounting (including calculation of program income).
City of Phoenix IGA Homeless Services
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55.2
Repayment of Funds – The City agrees to repay funds provided under this
Agreement for noncompliance with the terms of this Agreement. Repayment shall
be in accordance with the terms of this Agreement or the requirement of applicable
laws and regulations, including continuing use compliance. The County shall
specify in writing, the terms of the repayment or alternative terms in lieu of
repayment. However, in no case shall repayment or compliance with the
alternative terms be complete any later than sixty (60) calendar days following the
written determination of noncompliance by the County.
55.3
Documentation and Record Keeping - Each Party agrees to comply with this
Agreement and the following record keeping requirements:
55.3.1 Records to be maintained - Each Party shall maintain all financial records
as required by 2 C.F.R. § 200, and OMB Circulars;
55.3.2 System for Award Management -The City and all subcontractors or
subrecipients shall have a valid Unique Entity Identifier (UEI) number and
an active profile in the federal System for Award Management, or SAM.gov.
Documentation of the UEI Number must be included in all project files.
55.3.3 Records Retention - The Parties shall retain all records pertinent to this
Agreement for a period of six (6) years after all requirements have been
met. In the event of litigation, a claim, or an audit is begun before the
expiration of this retention period, said records shall be retained until all
such action or audit findings involving the records have been resolved.
55.3.4 Disclosure - The City understands that client information collected under
this Agreement is private and the use or disclosure of such information,
when not directly connected with the administration of the County's or the
City's responsibilities with respect to services provided under this
Agreement, is prohibited unless written consent is obtained from such
person receiving service.
55.3.5 Property Records - The City shall maintain property and equipment
inventory records that clearly identify properties and equipment purchased,
improved, or sold. Properties and equipment retained shall continue to
meet eligibility criteria and shall conform to the use of property and
equipment.
55.4
Written Justification – The Parties will cooperate to develop the Written
Justification for the capital expenditures exceeding $1 million pursuant to Overview
of General Standards, 87 Fed. Reg. 4390 (Jan. 27, 2022).
56.0
UNIQUE IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT
The City shall have a valid Unique Entity Identifier (UEI) number and an active profile in
the Federal System for Award Management, or SAM.gov. Documentation of the UEI
Number must be included in all project files. The City must remain current with their
registration throughout the term of the Agreement. The City’s and subcontractors will not
receive a subaward until that entity has provided its UEI number. 2 C.F.R. § 25.300;
Appendix A to 2 C.F.R. § 25.
57.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
57.1
The City warrants and certifies that it does not currently, and agrees for the
duration of the agreement that it will not use:
57.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
57.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
57.1.3 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.
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57.2
If the City becomes aware during the term of the Agreement that the City or City’s
subrecipient is not in compliance with this paragraph, the City shall notify the
County within five business days after becoming aware of the noncompliance.
Failure of the City to provide a written certification that the City or City’s
subrecipient has remedied the noncompliance within one hundred eighty (180)
days after notifying the public entity of its noncompliance, this Agreement shall
terminate unless the Term of this Agreement shall end prior to said one hundred
eighty (180) day period.
58.0
FORCE MAJEURE
58.1
Neither Party shall be liable for failure of performance, nor incur any liability to the
other Party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this Agreement if such delay or failure is caused by
events, occurrences, or causes beyond the reasonable control and without
negligence of the Parties. Such events, occurrences, or causes will include Acts
of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural
disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared
or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power
or confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of
electricity or telecommunication service.
58.2
Each Party, as applicable, shall give the other Party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
58.3
The Party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, all non-excused obligations were substantially
fulfilled, and the other Party was timely notified of the likelihood or actual
occurrence that would justify such an assertion, so that other prudent precautions
could be contemplated.
59.0
PROVISIONS REQUIRED BY LAW
Each and every provision of law and any clause required by law to be in this Agreement
will be read and enforced as though it were included herein and, if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party, this Agreement will promptly be physically amended to make
such insertion or correction.
[Signatures contained on the following page]
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IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
THE CITY OF PHOENIX
APPROVED BY:
MARICOPA COUNTY
___________________________________
Rachel Milne, Director Date
Office of Homeless Solutions
____________________________________
Jack Sellers, Chairman Date
Board of Supervisors
Attested to:
City Clerk Date
Attested to:
Clerk of the Board Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-952, THIS AGREEMENT HAS BEEN
REVIEWED
BY
THE
UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE CITY OF PHOENIX
UNDER THE LAWS OF THE STATE OF
ARIZONA.APPROVED AS TO FORM:
Assistant Chief Counsel Date
IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-251, AND 11-952, THIS AGREEMENT HAS
BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO MARICOPA COUNTY UNDER
THE
LAWS
OF
THE
STATE
OF
ARIZONA.APPROVED AS TO FORM:
Deputy County Attorney Date
City of Phoenix IGA Homeless Services
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EXHIBIT A- STATEMENT OF WORK – EMERGENCY SHELTER
1.0
BACKGROUND:
The City of Phoenix Office of Homeless Solutions (OHS) provides support and services
for persons experiencing homelessness and is committed to ending homelessness
through a comprehensive, regional approach to housing and services. With the dramatic
rise of unsheltered individuals experiencing homelessness, OHS is allocating resources
to serve this population with a focus on housing and services for those most vulnerable
2.0
OBJECTIVE:
2.1
The City will contract to provide essential services to homeless individuals who are
seeking emergency shelter.
2.2
Funding, in the amount of $1,500,000 has been made available for emergency
shelter, essential services, and facility operations for the period December 11,
2024, through December 31, 2026.
3.0
SERVICE DELIVERABLES:
The City will provide or contract for an eligible subrecipient or contractor for the following
services for Single Adult and Family Emergency Shelters:
3.1
Provide emergency shelter services for individuals experiencing homelessness,
regardless of origin of residence, 365 days a year, 7 days a week, and 24 hours a
day- including holidays. Clients that stayed in the emergency shelter the previous
night or have a designated bed will have access to the facility (Day room and bed
area) during the following day.
3.2
Provide access to a telephone and post emergency telephone numbers
conspicuously near the telephone.
3.3
Maintain adequate, qualified staff to always provide for the supervision and
wellbeing of all clients.
3.4
Ensure sleeping areas and operational procedures comply with applicable
Occupational Safety and Health Administration ("OSHA") Standards, specifically
Section 1910.
3.5
Provide equal access to programs and services for individuals with disabilities in
compliance with the Americans with Disabilities Act. The City shall ensure
reasonable accommodations are available for clients in the following categories:
visual impairments, hearing impairments, mobility impairments and/or mental
impairments.
3.6
The City shall comply or ensure contractor’s compliance with the Fair Housing Act.
4.0
ADMINISTRATION:
The City or an eligible subrecipient or contractor shall:
4.1
Be responsible for hiring, managing, training, and terminating staff as necessary,
in accordance with City’s established policy and procedures. Make documentation
available at time of monitoring.
4.2
Report incidents (including all on-site fatalities) that may involve a liability issue,
significant disruptions in services or unusual or dangerous interactions or may
leave the City open for public scrutiny. The City’s subrecipient or contractor will
report the incident to City Office of Homeless Solutions staff by telephone as soon
as possible within 24 hours following occurrence and will provide a detailed
incident report to City Office of Homeless Solutions staff within three business days
following occurrence.
4.3
Implement client grievance procedure and provide the City with a copy of the
procedure. Upon request, provide an updated copy of any grievance records to the
City.
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4.4
Collaborate in partnership with all Shelter/Campus partners and or service
providers.
5.0
PROGRAM AND OPERATIONAL REQUIREMENTS:
The City or through an eligible subrecipient or contractor shall:
5.1
Ensure clients have access to safe, secure shelter, basic needs and services.
5.2
Comply with Coordinated Entry protocol, policies and procedures approved by the
Continuum of Care (CoC) CoC Governing Board.
5.3
Make daily showers available, including emergency showers as needed for clients.
5.4
Maintain a policy manual that includes program mission and goals, shelter policy
and procedures; population served; case management policy and procedures;
non-discrimination policy; fingerprinting procedure; confidentiality statement; and
client termination policies.
5.5
Participate in the annual Point-in-Time Street Count coordinated by the Maricopa
Regional Continuum of Care and HUD census requirements.
5.6
Participate in regular Coordinated Entry System Case Conferencing.
5.7
City will monitor to ensure all shelter staff are trained in CPR, First Aid, and CPI
(Crisis Prevention Intervention), Trauma Informed Care, Motivational Interviewing,
and appropriate resources to provide to clients as needed. At time of monitoring,
records of training should be made available to the City.
5.8
Maintain a daily census of residents in the emergency shelter, send census to City
daily.
5.9
Post, distribute, and maintain the following documents with culturally appropriate
language and access to translation services for clients as needed:
5.9.1 Program description including conditions for termination:
59.1.1 Residents' rights and responsibilities including the grievance
process;
59.1.2 Notice of availability of reasonable accommodation for individuals
with disabilities;
59.1.3 How to access case management and support services
59.1.4 Agree to provide full access and share client-level data with the City
as requested, including HMIS data records through the HMIS
system in accordance with approved CoC data sharing policies and
procedures.
59.1.5 Share aggregate data within 7 days of the City's request.
5.10
Shelter services for all clients
5.10.1 Establish eligibility and issue a homeless verification letter within 72 hours
of entry.
5.10.2 All City staff funded under this contract are to have the primary goal of
supporting clients in exiting shelter to permanent housing. This involves all
staff being trained on trauma-informed care, motivational interviewing,
harm reduction, overdose response and appropriate resources to provide
to clients as needed. City shall document staff training and make
documentation available for monitoring.
5.10.3 All clients will receive an initial intake with support and resources provided
based on their identified needs within the first 24 hours of residency.
5.10.4 All clients will have access to Ad Hoc support services upon request to
have the tools and resources to resolve their identified needs.
5.10.5 City will collect and securely maintain client and other documents for
housing readiness and coordination.
5.10.6 Facilitate connection to state licensed mental health and chemical
dependency treatment programs as necessary.
5.10.7 Enter client information into Homeless Management Information Systems
("HMIS").
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5.11
Case Management
Provide Case Management based upon the following priorities and
protocols:
5.11.1 Case management will be provided to clients that meet the criteria below.
Case Management will include supportive services with regular meetings,
resource provision, and support for the client until they leave the shelter.
5.11.2 Provide written policies and procedures for Case Management including
eligibility criteria, enrollment, and assignment protocols to the client.
Maintain a maximum case management program ratio of 1:25.
5.11.3 Contractor will prioritize Case Management services to all clients who have
a length of stay of 90 days or more. Priority will be given to clients with the
longest length of stay.
5.11.4 Standard levels of Case Management services will comply with the
following:
5.11.4.1 Case Management will be individualized and the frequency
with which the case manager meets with the client will be
determined in their housing plan, but case manager-client
meetings will occur at least once per week.
5.11.4.2 Case managers will develop and execute a housing plan with
the client.
5.11.4.3 Case managers will coordinate with internal and external
providers to assist the participant with fully accessing their
housing plan.
5.11.4.4 Case managers will provide support in accessing other
services such as: mainstream benefits, healthcare services,
state licensed mental health and chemical dependency
treatment programs, employment and income services,
identifications, etc.
5.11.4.5 Case managers will attend case conferencing and provide
updates for clients residing in the shelter.
5.12
Outcomes/Performance Measures:
5.12.1 Increase known Exit Destinations in HMIS by 5% over last fiscal year
actuals.
5.12.2 Increase HUD defined positive exit destinations for case managed
individuals to 5% above last year’s actuals.
5.12.3 Maintain a 1:25 Case Management ratio for individuals referred to the Case
Management program.
6.0
PROGRAM REPORTS
6.1
Monthly reporting is to be submitted no later than the 15th following the close
of the prior month (i.e., February 15th for January report) to include monthly
payment request for reimbursement. Contract Payment Request Form +
supporting documentation.
6.2
Reports:
6.2.1 Outcomes Report using template that reports progress on outcomes/
performance measures, and indicators listed in the sections above,
provided by the City.
6.2.2 HMIS CoC Annual Program Report (APR) for the Single Adult
Shelter.
6.2.3 HMIS Bed Night Utilization Report.
6.2.4 Additional
program
reports
to
ensure
daytime
s h e l t e r
operation is ongoing.
6.2.5 Provide Quarterly report indicating the expenditure percentage of the
yearly budget with a budget narrative describing the status and any
City of Phoenix IGA Homeless Services
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programmatic or financial issues. This report is to include all funding
sources.
6.2.6 Within the first month of the executed contract, City to provide the
following:
6.2.6.1 Finalized annual Agency Budget, including all funding
sources and costs prior to start of contract.
6.2.6.2 Audited financial statements from the previous year. Tax form
990 from the previous year.
7.0
MONITORING
7.1
The City will monitor the subrecipient or contractors’ compliance with fiscal
and programmatic performance under the terms and conditions of this
Agreement. On-site visits for compliance monitoring may be made by the
City at any time during the City's normal business hours, announced or
unannounced. During an on-site visit, the City shall make all its records and
accounts related to work performed under this Agreement available to the
City for inspection and copying.
7.2
City’s subrecipient or contractor will provide full access, read only, to the
project in HMIS for the purpose of monitoring client files no more than once
per quarter. City is responsible for notifying HMIS Lead Agency and
granting access to City as Funder within 3 business days of monitoring
notice.
7.3
City will conduct desk monitoring monthly when financial and programmatic
reports are submitted.
7.4
City will conduct on-site monitoring as determined by fund source or risk
assessment to review outputs, outcomes, compliance with fiscal and
programmatic performance under the terms and conditions of this
Agreement. On-site visits for compliance monitoring may be made by the
City at any time during the Contractor’s normal business hours, announced
or unannounced. During any on- site visit, the Contractor shall make all its
records and accounts related to work performed under this Agreement
available to the City for inspection and copying.
7.5
The City’s subrecipient or contractor will provide any ad-hoc reports as
requested by the City including aggregate or client level data through the
HMIS System and according to approved CoC Data Sharing agreements.
Such reporting shall be for the purpose of improving access to services.
The City reserves the right to add, remove or revise reporting requirements
at its discretion.
8.0
BUDGET:
FUND SOURCES
Sources
Total
Maricopa County – ARPA
$1,500,000
City of Phoenix IGA Homeless Services
Page 22 of 23
EXHIBIT B- STATEMENT OF WORK – SENIOR BRIDGE
1.0
BACKGROUND:
The City of Phoenix Office of Homeless Solutions (OHS) provides support and services
for persons experiencing homelessness and is committed to ending homelessness
through a comprehensive, regional approach to housing and services. With the dramatic
rise of unsheltered individuals experiencing homelessness, OHS is allocating resources
to serve this population with a focus on housing and services for those most vulnerable
2.0
OBJECTIVE:
2.1
The City will contract to provide essential services to homeless individuals who are
seeking emergency shelter.
2.2
Funding, in the amount of $6,000,000 has been made available for the
development and operation of temporary transitional housing and permanent
supportive housing for seniors ages fifty-five or older with an income of zero to
thirty percent (30%) Area Median Income (AMI) for the period December 11, 2024,
through December 31, 2026.
3.0
SERVICE DELIVERABLES:
The City will provide or contract for an eligible subrecipient or contractor for the following
services for transitional and affordable housing:
3.1
Develop site to include forty (40) non-congregate shelter/transitional housing units
that are ADA accessible and include bathrooms.
3.2
Develop sixty-five (65) affordable apartments that are ADA accessible and include
bathrooms and kitchenettes.
3.3
Ensure sleeping areas and operational procedures comply with applicable
Occupational Safety and Health Administration ("OSHA") Standards, specifically
Section 1910.
3.4
Provide equal access to programs and services for individuals with disabilities in
compliance with the Americans with Disabilities Act. The City shall ensure
reasonable accommodations are available for clients in the following categories:
visual impairments, hearing impairments, mobility impairments and/or mental
impairments.
3.5
The City shall comply or ensure the contractor’s compliance with the Fair Housing
Act.
4.0
ADMINISTRATION:
The City or an eligible subrecipient or contractor shall:
4.1
Be responsible for hiring, managing, training, and terminating staff as necessary,
in accordance with the City’s established policy and procedures. Make
documentation available at time of monitoring.
4.2
Report incidents (including all on-site fatalities) that may involve a liability issue,
significant disruptions in services or unusual or dangerous interactions or may
leave the City open for public scrutiny. The City’s subrecipient or contractor will
report the incident to City Office of Homeless Solutions staff by telephone as soon
as possible within 24 hours following occurrence and will provide a detailed
incident report to City Office of Homeless Solutions staff within three business days
following the occurrence.
4.3
Implement client grievance procedure and provide the City with a copy of the
procedure. Upon request, provide an updated copy of any grievance records to the
City.
City of Phoenix IGA Homeless Services
Page 23 of 23
4.4
Collaborate in partnership with all Shelter/Campus partners and or service
providers.
5.0
MONITORING
5.1
The City will monitor the subrecipient or contractors’ compliance with fiscal and
programmatic performance under the terms and conditions of this Agreement. On-
site visits for compliance monitoring may be made by the City at any time during
the City's normal business hours, announced or unannounced. During an on-site
visit, the City shall make all its records and accounts related to work performed
under this Agreement available to the City for inspection and copying.
5.2
City’s subrecipient or contractor will provide full access, read only, to the project in
HMIS for the purpose of monitoring client files no more than once per quarter. The
City is responsible for notifying HMIS Lead Agency and granting access to City as
Funder within 3 business days of monitoring notice.
5.3
City will conduct desk monitoring monthly when financial and programmatic reports
are submitted.
5.4
City will conduct on-site monitoring as determined by fund source or risk
assessment to review outputs, outcomes, compliance with fiscal and
programmatic performance under the terms and conditions of this Agreement. On-
site visits for compliance monitoring may be made by the City at any time during
the Contractor’s normal business hours, announced or unannounced. During any
on- site visit, the Contractor shall make all its records and accounts related to work
performed under this Agreement available to the City for inspection and copying.
5.5
The City’s subrecipient or contractor will provide any ad-hoc reports as requested
by the City including aggregate or client level data through the HMIS System and
according to approved CoC Data Sharing agreements. Such reporting shall be for
the purpose of improving access to services. The City reserves the right to add,
remove or revise reporting requirements at its discretion
6.0
BUDGET:
FUND SOURCES
Sources
Total
Maricopa County – ARPA
$6,000,000