IGA WITH CITY OF PHOENIX FOR COMMUNITY SOLUTIONS FUNDING.PDF
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City of Phoenix IGA for CSF Page 1 of 18 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE CITY OF PHOENIX Agreement Number: Agreement Amount: $110,000 Agreement Start Date: December 18, 2024 Agreement Termination Date: December 31, 2025 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 facilities and services for veterans at risk of or experiencing homelessness and for families and individuals in need of decent, safe and affordable housing in the City of Phoenix. The County shall provide the City with Community Solutions Funds (“CSF”) to meet Maricopa County’s strategic goals to provide regional services for its residents. 3.0 TERM OF AGREEMENT 3.1 The term of this Agreement is from December 18, 2024, through December 31, 2025. 3.2 This Agreement shall be effective upon approval and signature by both Parties. 4.0 AMENDMENTS Any Amendments to this Agreement shall be effective only 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, 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. City of Phoenix IGA for CSF Page 2 of 18 5.1.2 Modifications to Budget line items if the Agreement amount remains unchanged. 5.1.3 Modifications required by federal, state, City, 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 FUNDING The County shall provide the City with $110,000 in Board of Supervisors’ Community Solutions Funding pursuant to A.R.S. 42-17106(B), authorize the appropriation adjustments to the FY 2025 budget. Funding period of availability is December 18, 2024, through December 31, 2025. 7.0 AVAILABILITY OF FUNDS 7.1 This Agreement and the Parties’ obligations under it shall become effective when funds assigned for the purpose of compensating the City 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 City fully informed as to the availability of funds. 7.2 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. 7.3 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. 7.4 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. 8.0 RESPONSIBILITIES OF ORGANIZATIONS 8.1 The City shall: 8.1.1 Provide, or contract with eligible subcontractor(s) to provide services as identified and outlined in Exhibit A - Statement of Work. 8.1.2 Ensure the City’s and any subcontractors’ compliance with federal, state, City and County requirements as they relate to general state and local grant requirements. 8.1.3 Ensure the City’s and any subcontractors’ compliance with all laws, rules, and regulations. 8.1.4 Maintain a sufficient number of qualified and trained staff to provide services under this Agreement: 8.1.5 Complete Quarterly Reports no later than 30 days after the end of the reporting quarter with the following information 8.1.5.1 Current quarter expenditures. 8.1.5.2 Expenditure forecasting for the current quarter and duration of the Agreement term. 8.1.5.3 Any anticipated delays or disruptions. 8.1.5.4 Any other issues or information the Department should be aware of. City of Phoenix IGA for CSF Page 3 of 18 8.1.5.5 Quarterly Reports will be due no later than 30 days after the end of the reporting quarter. 8.2 The County shall: 8.2.1 Provide timely payment of City invoices on a monthly basis. 8.2.2 Respond to questions from the City in a timely manner. 8.2.3 Provide technical assistance and training to City staff as necessary to ensure proper administration services under this Agreement. 9.0 COMPENSATION 9.1 The Agreement is on a cost reimbursement basis: 9.2 The City shall submit to the County monthly invoices for all expenditures related to this Agreement within the Agreement term. Projects or items procured must be completed or received by December 31, 2025. 9.3 The County shall reimburse the City on a net 0 payments standard. 9.4 Final Reimbursement Upon Agreement Termination: 9.4.1 The City shall submit, no later than ten days after the termination date of the Agreement, the final reimbursement request. 9.4.2 The final progress report, and any other required reports that may be applicable, shall be submitted with the final reimbursement request. 10.0 METHOD OF PAYMENT 10.1 The City shall submit invoices for Agreement activities to hsdfinance@maricopa.gov. 10.2 Payment by the County is not to be construed as final in the event that the County 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 County General funds account. 11.0 DISALLOWED COSTS 11.1 The City shall follow cost principles as outlined in Office of Management and Budget (OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq. 11.2 The City shall ensure only items identified in Exhibit A- Statement of Work shall be procured. 12.0 TERMINATION 12.1 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 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. 12.2 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 City of Phoenix IGA for CSF Page 4 of 18 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. 12.3 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. 12.4 The Parties may terminate this Agreement for convenience. 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. 13.0 NOTICES Notifications and communications concerning this Agreement shall be directed to the following: City: City of Phoenix Housing Department Aubrey Gonzalez, Assistant Housing Director 602-261-8954 aubrey.gonzalez@phoenix.gov 251 W. Washington St 4th 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 14.0 EMPLOYMENT DISCLAIMER 14.1 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. 14.2 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 individuals shall indemnify, defend and hold harmless the County with respect to the foregoing. 14.3 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. City of Phoenix IGA for CSF Page 5 of 18 15.0 GENERAL REQUIREMENTS 15.1 The terms of this Agreement shall be construed in accordance with Arizona law and the applicable laws and regulations of Community Solutions Funding. Any lawsuit arising out of this Agreement shall be brought in Maricopa County Superior Court or the District of Arizona. 15.2 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. 15.3 Each Party is an independent contractor in the performance of work and the provision under this Agreement and is not to be considered an officer, employee, or agent of the other Party. 15.4 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. 15.5 For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. 16.0 ASSIGNMENT AND SUBCONTRACTING 16.1 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. 16.2 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 General Funds. The City will make determinations classifying recipients of Federal Funds as a subrecipient or subcontractor. 16.3 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. 16.4 City must ensure any subrecipient or subcontractor is compliant with all general State and local Grant requirements, including reporting requirements. 17.0 DISPUTES 17.1 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. 17.2 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. 17.3 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. City of Phoenix IGA for CSF Page 6 of 18 17.4 The Human Services 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. 17.5 Pending a final decision of the Human Services Department Director, the City shall diligently proceed with its performance of this Agreement in accordance with the County Representative’s decision. 17.6 In the event the City disagrees with the Human Services Department Director’s decision, City shall have every existing and future right or remedy available by law or in equity to resolve the dispute. 18.0 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. 19.0 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. 20.0 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. 21.0 AUDIT DISALLOWANCES 21.1 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. 21.2 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. 22.0 PROPERTY 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. 23.0 LIMITATION ON LIABILITY 23.1 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 City of Phoenix IGA for CSF Page 7 of 18 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. 23.2 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. 24.0 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. 25.0 INSURANCE 25.1 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. 25.2 Mail COI to: Maricopa County c/o Risk Management 301 W Jefferson St., Suite 910 Phoenix, AZ 85003 25.3 Cancellation and Expiration Notice: 25.3.1 Applicable to all insurance policies required within the insurance requirements of this Agreement, 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 Agreement. 25.4 Subcontractors: The City’s certificate(s) shall include all Subcontractors as insureds under its policies, or the City shall furnish separate certificates for each City of Phoenix IGA for CSF Page 8 of 18 Subcontractor. All coverage for Subcontractors shall be subject to the minimum requirements identified above. 25.5 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. 26.0 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. 27.0 TECHNICAL ASSISTANCE The County will provide reasonable technical assistance to the City to assist in complying with local, 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. 28.0 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. 29.0 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. 30.0 LOBBYING 30.1 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 agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, or cooperative agreement. 30.2 If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal agreement, grant, loan or cooperative agreement, then the City shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. City of Phoenix IGA for CSF Page 9 of 18 31.0 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. 32.0 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. 33.0 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. 34.0 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. 35.0 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. 36.0 AGREEMENT COMPLIANCE MONITORING/AUDITING 36.1 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. 37.0 CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS 37.1 The City shall, during the term of this Agreement, within fifteen (15) business days from acceptance, inform the Human Services Department 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. 37.2 The Human Services Department 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 Human Services Department Director, the award of the agreement or grant may affect the costs City of Phoenix IGA for CSF Page 10 of 18 being paid or reimbursed under this Agreement, except to the extent prohibited by law. 37.3 If the Human Services Department 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 Human Services Department 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. 38.0 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. 39.0 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. 40.0 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. 41.0 DISABILITY REQUIREMENTS 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. 42.0 EQUAL EMPLOYMENT OPPORTUNITY 42.1 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. 42.2 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. 42.3 The Parties shall and shall cause their respective Subcontractors to comply with: 42.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 42.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 42.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); 42.3.4 the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and City of Phoenix IGA for CSF Page 11 of 18 42.3.5 Arizona Executive Order 2009-09, et seq. as amended, which mandates that all persons shall have equal access to employment opportunities. 43.0 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. 44.0 FINANCIAL MANAGEMENT The City shall establish 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 use an accounting system in accordance with Generally Accepted Accounting Principles (GAAP). 45.0 RETENTION OF RECORDS 45.1 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. 45.2 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. 45.3 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. 46.0 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. 47.0 IMMIGRATION LAWS AND REGULATIONS 47.1 Federal Immigration and Nationality Act 47.1.1 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. 47.1.2 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 City of Phoenix IGA for CSF Page 12 of 18 performing work under the Agreement. I-9 forms are available for download at USCIS.GOV. 47.1.3 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. 47.2 Arizona Law: The City warrants that it is in compliance with A.R.S. § 41-4401 (e- verify requirements) and further acknowledges that: 47.2.1 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. 47.2.2 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 47.2.3 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 to facilitate such an inspection. 48.0 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. 49.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION 49.1 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: 49.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 49.1.2 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; 49.1.3 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 City of Phoenix IGA for CSF Page 13 of 18 49.1.4 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. 49.2 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. 50.0 CITY EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: 50.1 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; 50.2 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 50.3 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). 51.0 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. 52.0 SURVIVAL 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. 53.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE 53.1 Notwithstanding anything to the contrary, this Section shall not be deleted or superseded by any other provision of this Agreement. 53.2 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. 53.3 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: 53.3.1 Non-performance of any obligations required by this Agreement. 53.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or regulations. 53.3.3 Unauthorized expenditure of funds. City of Phoenix IGA for CSF Page 14 of 18 53.3.4 Noncompliance with applicable financial record requirements, accounting principles, or standards established by OMB circulars and 2 C.F.R. §§ 200 et seq. 53.3.5 Noncompliance with recordkeeping, record retention, or reporting requirements. 53.4 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: 53.4.1 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. 53.4.2 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. 53.5 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. 53.5.1 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. 54.0 ADMINISTRATIVE REQUIREMENTS 54.1 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). 54.2 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. 54.3 Documentation and Record Keeping - Each Party agrees to comply with this Agreement and the following record keeping requirements: 54.3.1 Records to be maintained - Each Party shall maintain all financial records as required by 2 C.F.R. § 200, and OMB Circulars; 54.3.2 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. City of Phoenix IGA for CSF Page 15 of 18 54.3.3 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. 54.3.4 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. 54.3.5 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. 54.4 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). 55.0 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. 56.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 56.1 The City warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not use: 56.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 56.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 56.1.3 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. 56.2 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. 57.0 FORCE MAJEURE 57.1 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 City of Phoenix IGA for CSF Page 16 of 18 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. 57.2 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. 57.3 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. 58.0 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] City of Phoenix IGA for CSF Page 17 of 18 IN WITNESS, the Parties have approved and signed this Agreement: APPROVED BY: THE CITY OF PHOENIX APPROVED BY: MARICOPA COUNTY ___________________________________ Titus Mathew, Director Date Housing Department ____________________________________ 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 for CSF Page 18 of 18 EXHIBIT A- STATEMENT OF WORK 1.0 PROJECT OBJECTIVE(S) AND SERVICE DELIVERABLES: 1.1 Transitional and permanent supportive housing for homeless and at-risk veterans: The City, through U.S. VETS, provides transitional and permanent supportive housing and essential services to homeless and at-risk veterans with an income of zero to thirty percent (30%) Area Median Income (AMI). The Project property, a former hotel undergoing rehabilitation, is located at 12027 N. 28th Drive Phoenix, AZ 85029, and is owned by the City and leased to U.S. VETS. 1.1.1 CSF in the amount of $100,000, in Board of Supervisor’s Community Solutions Funds, has been made available for the period December 18, 2024, through December 31, 2025. 1.1.2 Funding will be utilized for a commercial kitchen and dining area which may include redesign of the kitchen space, kitchen equipment, and interior finishes to the dining area. Any remaining funding will be utilized for remaining building improvements which may include health and safety items, interior finishes, new counseling office, new recreation rooms, new clothing closet, and a new workforce area. 1.2 Affordable housing and home repairs and maintenance: The City will partner with Habitat for Humanity of Central Arizona to utilize $10,000 in Board of Supervisor’s Community Solutions Funds for exterior home maintenance and landscaping for eligible families in the Habitat for Humanity Sunnyslope Coalition. CSF has been made available for the period December 18, 2024, through December 31, 2025. 2.0 ADMINISTRATION: The City or eligible subrecipient(s) or contractor(s) shall: 2.1 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. 2.2 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(s) or contractor(s) will report the incident to City Housing Department staff by telephone as soon as possible within 24 hours following occurrence and will provide a detailed incident report to City Housing Department staff within three business days following occurrence. 3.0 BUDGET: FUND SOURCES Sources Total Maricopa County – Community Solutions Funds Veteran Transitional and Permanent Housing and Supportive Services - $100,000 Maricopa County – Community Solutions Funds Affordable Housing Home Repair and Maintenance - $10,000 Total Community Solutions Funds $110,000