CITY OF MESA TEMPORARY HOUSING AGREEMENT.PDF

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INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND 
CITY OF MESA 
 
 
Agreement #:  
 
 
 
 
 
Agreement Start Date: April 27, 2020 
 
 
Agreement End Date: July 26, 2020 
 
 
1.0 
PARTIES 
This non-financial Intergovernmental Agreement (“Agreement”) is entered into between 
Maricopa County (“County”), administered by its Human Services Department, and the 
City of Mesa, (“City”). The City and the County are collectively referred to here as the 
“Parties” and individually as a “Party.”  
 
2.0 
PURPOSE 
The purpose of this Agreement is for the Parties to work cooperatively to assist individuals 
experiencing homelessness. The Parties will work to provide temporary housing to prevent 
exposure to the COVID-19 health pandemic. The Parties agree that individuals 
experiencing homelessness who are being provided services by the City may be 
temporarily moved to a temporary housing facility in a hotel (“Facility”) leased by Maricopa 
County located at 250 West Main Street, Mesa, Arizona 85201. Activities under this 
Agreement will help to promote the safety and health of vulnerable and high-risk 
individuals experiencing homelessness.  
 
3.0 
TERM 
3.1 
The initial term of this Agreement is for three (3) months following the Start Date. 
3.2 
This Agreement shall be effective upon approval and signature by both Parties.  
3.3 
This Agreement may be extended for six (6) additional one (1) month terms. 
Extensions must be in writing and approved and signed by both Parties. Written 
notice of intent to extend this Agreement shall be sent to the City (15) calendar 
days prior to the end of the original or extended Agreement term, as applicable.  
 
4.0 
AMENDMENTS 
All amendments and modifications to this Agreement shall be in writing and approved and 
signed by authorized signers for both Parties.  
 
5.0 
TERMINATION 
5.1 
Under A.R.S. §38-511, the County may cancel this Agreement without penalty or 
further obligation within three years after execution of this Agreement if any person 
significantly involved in initiating, negotiating, securing, drafting or creating this 
Agreement on behalf of the County is, at any time while this Agreement is in effect, 
an employee or agent of any other party to this Agreement in any capacity or a 
consultant to any other party of the Agreement with respect to the subject matter 
of this Agreement. Additionally, under A.R.S. § 38-511, the County may recoup

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any fee or commission paid or due to any person significantly involved in initiating, 
negotiating, securing, drafting, or creating this Agreement on behalf of the County 
from any other party to this Agreement arising as the result of this Agreement. 
5.2 
Either Party may terminate this Agreement at any time by giving the other Party at 
least thirty (30) calendar days prior notice in writing, unless terminated under 
Section 12.0 (Availability of Funds). The notice shall be given by either personal 
delivery or registered/certified mail, postage prepaid and return receipt requested, 
to the person(s) at the addresses set for in Section 16.0 (Notices) of this 
Agreement. 
5.3 
This Agreement may be terminated by mutual written agreement of the Parties. 
The written agreement shall specify the termination date. 
5.4 
The County has the right to terminate this Agreement upon twenty-four (24) hour 
notice when the County determines that the health or welfare of the clients are 
endangered or the City has not complied with the terms of the Agreement. 
5.5 
If not terminated by one of the above methods, this Agreement shall terminate on 
the End Date stated on page one of this Agreement or expiration of any extended 
term described in Section 3.3. 
 
6.0 
RESPONSIBILITIES 
6.1 
The Parties will work to secure overflow Facility beds for homeless individuals by 
providing temporary shelter at the Facility identified in Section 2.0. A referral and 
placement process will be established to ensure: 
6.1.1 The Facility shall be available during the current COVID-19 health 
pandemic. 
 
6.2 
The City agency shall: 
6.2.1 Refer vulnerable clients to the Facility for placement; 
6.2.2 Accept responsibility for clients placed within the Facility during the time 
the clients occupy rooms at the Facility, which responsibility includes any 
damages made by clients to the Facility and its property; 
6.2.3 Identify a City Point of Contact to oversee activities and coordinate services 
for clients in the Facility; 
6.2.4 Provide check-in, check-out, case management, and navigation services 
for clients in the Facility; 
6.2.5 Maintain of list of clients and the specific rooms they occupy; 
6.2.6 Provide and coordinate meals/food for clients placed at the Facility; 
6.2.7 Adhere to the following housekeeping and trash disposal protocols: 
 
6.2.7.1 Linens shall be bagged by clients, tied shut, and set outside of their 
doors for pick up; and 
6.2.7.2 Trash shall be bagged by clients, tied shut, and set outside of their 
doors for pick up. 
6.2.8 Notify the County if clients have become COVID-19 symptomatic or 
COVID-19 positive (or both) while occupying rooms at the Facility; 
6.2.9 Accept clients back into the City’s shelter and services (or appropriate 
placement) upon closure of the Facility, within 48 hours of notification that 
the clients must be exited; 
6.2.10 Accept clients back into City’s shelter and services (or appropriate 
placement) in the case spaces are required for higher acuity clients within 
48 hours of notification that the clients must be exited; and

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6.2.11 Accept clients back into the City’s shelter and services (or appropriate 
placement) if clients refuse to follow Facility rules and guidelines within 48 
hours of notification that the clients must be exited.  
 
6.3 
The County shall: 
6.3.1 Lease space for the temporary Facility; and 
6.3.2 Procure Security Guard services to patrol the perimeter, ensuring a safe 
environment.  
 
7.0 
REPORTING 
The City shall utilize the Homeless Management Information Systems (HMIS) to 
report/register homeless individuals.  
 
8.0 
CONFIDENTIAL INFORMATION 
The use or disclosure by either Party of any information concerning a participant is strictly 
limited to the conduct of this Agreement. The City and any and all of its agents, 
representatives, officials, officers, directors, employees, volunteers, departments, 
agencies, boards, and commissions shall safeguard the confidentiality of all information, 
just as they would safeguard their own confidential information. 
 
9.0 
COMPLIANCE WITH APPLICABLE LAWS 
9.1 
The City shall comply with all applicable laws, ordinances, executive orders, rules, 
regulations, standards, and codes of the federal, state, and local governments 
whether specifically referenced in this Agreement. Specifically, the following apply: 
9.1.1 Unless exempt under federal law, the City shall comply with Title VII of the 
Civil Rights Act of 1964, as amended, the Age Discrimination in 
Employment Act, and State Executive Order No. 2009-09, which mandates 
that all persons, regardless of race, color, religion, sex, age, national origin, 
or political affiliation, shall have equal access to employment opportunities. 
The City shall comply with the Rehabilitation Act of 1973, as amended, 
which prohibits discrimination in the employment of qualified persons 
because of physical or mental disability. The City shall comply with the 
requirements of the Fair Labor Standards Act of 1938, as amended. 
9.1.2 The City shall comply with Title VI of the Civil Rights Act of 1964, which 
prohibits the denial of benefits of, or participation in, contract services on 
the basis of race, color, or national origin. The City shall comply with the 
requirements of Section 504 of the Rehabilitation Act of 1973, as amended, 
which prohibits discrimination on the basis of disability, in delivering 
contract services; and with Title II of the Americans with Disabilities Act 
which prohibits discrimination on the basis of physical or mental disabilities 
in the provision of contract programs, services, and activities. 
9.1.3 The City shall not discriminate upon the basis of race, color, creed, religion, 
ancestry, national origin, sex, gender, sexual orientation, gender identity, 
disability, age, marital status or status with regard to the benefits of, or 
participation in, or use of the programs, services, and activities. 
 
10.0 
RELATIONSHIPS 
The City is not the agent of the County for any purposes under this Agreement and will 
make no representations of any such agency.

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11.0 
EMPLOYMENT DISCLAIMER 
11.1 
This Agreement is not intended to constitute, create, give rise to, or otherwise 
recognize a joint venture agreement, partnership, or other formal business 
association or organization of any kind, and the rights and obligations of the Parties 
shall be only those expressly set forth in this Agreement. 
11.2 
The Parties agree that no individual performing work under this Agreement by or 
on behalf of the City is to be considered a County employee, and that no rights of 
County civil service, County retirement, or County personnel rules shall accrue to 
such individual. 
11.3 
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 associated taxes 
and premiums concerning such employees and shall save and hold the County 
harmless with respect to the foregoing. 
 
12.0 
AVAILABILITY OF FUNDS 
Should funding for program activities be reduced for any reason and activities and services 
are not funded, then a Party may either accept a decrease in services offered by the other 
Party or terminate this Agreement (or both). 
 
13.0 
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND 
VOLUNTARY EXCLUSION 
13.1 
The City certifies to the best of its knowledge and belief, that it and any and all of 
its agents, representatives, officials, officers, directors, employees, volunteers, 
departments, agencies, board, and commissions: 
13.1.1 Are not presently debarred, suspended, proposed for debarment, declared 
ineligible, or voluntarily excluded from covered transactions by any federal 
department or agency; 
13.1.2 Have not within a three-year period been convicted of or had a civil 
judgment rendered against them for commission of fraud or a criminal 
offense in connection with obtaining, attempting to obtain, or performing a 
public (federal, state, or local) transaction or contract under a public 
transaction; violation of federal or state antitrust statutes or commission of 
embezzlement, theft, forgery, bribery, falsification or destruction of records, 
making false statements, or receiving stolen property; 
13.1.3 Are not presently indicted for or otherwise criminally or civilly charged by a 
governmental entity (federal, state, or local) with commission of any of the 
offenses enumerated in the paragraphs above; and  
13.1.4 Have not within a three-year period had one or more public transactions 
(federal, state, or local) terminated for cause or default. 
 
14.0 
NON-LIABILITY 
The County and its agents, representatives, officials, officers, directors, employees, 
volunteers, departments, agencies, boards, and commissions shall not be liable for any 
act or omission by the City or any and all of its agents, representatives, officials, officers, 
directors, employees, volunteers, departments, agencies, boards, 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, and commissions be liable for purchases or contracts made by the City 
or any and all of its agents, representatives, officials, officers, directors, employees,

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volunteers, departments, agencies, boards, or commissions in connection with this 
Agreement. 
 
15.0 
GENERAL INDEMNIFICATION 
15.1 
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the 
other Party (as “Indemnitee”) from and against any and all claims, losses, liability, 
costs, or expenses (including reasonable attorney and expert fees) (“Claims”) 
arising out of bodily injury (including death) of any person or property damage, but 
only to the extent that such Claims, which result in vicarious/derivative liability to 
the Indemnitee, are caused by the act, omission, negligence, misconduct, or other 
fault of the Indemnitor and any and all of its agents, representatives, officials, 
officers, directors, employees, volunteers, departments, agencies, boards, and 
commissions. 
15.2 
Additionally, the City shall indemnify, defend, and hold harmless the County and 
its agents, representatives, officials, officers, directors, employees, volunteers, 
departments, agencies, boards, and commissions from and against all Claims 
either arising from or related to breach of this Agreement by the City and any and 
all of its agents, representatives, officials, officers, directors, employees, 
volunteers, departments, agencies, boards, and commissions. 
 
16.0 
NOTICES  
Any notice or other communication required under this Agreement shall be in writing and 
shall be duly given to the Party at the address set forth below: 
 
MARICOPA COUNTY  
Name and title:  Rachel Mile, Assistant Director 
Address: 234 N. Central Ave. Suite 3000, Phoenix, AZ 85004 
Phone number:  602-372-1528 
Email Address:  rachel.milne@maricopa.gov 
 
CITY 
Representative Name and title:  _______________________________________ 
Address:  ________________________________________________________ 
Phone:  __________________________________________________________ 
Email Address:  ____________________________________________________ 
 
17.0 
CHOICE OF LAW; VENUE 
This Agreement shall be construed in accordance with and governed by the laws of the 
State of Arizona. The proper venue for any proceedings relating to this Agreement shall 
be Maricopa County, Arizona. 
 
18.0 
ASSIGNABILITY AND SUBCONTRACTING 
No rights, liabilities, obligations, or duties under this Agreement may be assigned, 
delegated, or subcontracted, in whole or 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 approves the 
assignment, delegation, or subcontract or agrees otherwise. 
 
19.0 
WRITTEN CERTIFICATION UNDER 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

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engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of 
goods or 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. 
 
20.0 
RIGHTS/OBLIGATIONS OF PARTIES ONLY 
The terms of this Agreement are intended only to define the respective rights and 
obligations of the Parties. Nothing in this Agreement shall create any rights or duties in 
favor of any potential third-party beneficiary or other person, agency, or organization. 
Nothing in this Agreement shall affect the legal liabilities of either Party by imposing any 
standard of care different from the standard of care imposed by law. 
 
21.0 
WAIVER OF TERMS, CONDITIONS, AND DEFENSES 
The failure of either party to insist in any one or more instances on performance of any of 
the terms and conditions of, or to exercise any rights or privileges contained in, this 
Agreement shall not be considered as waiving such terms, conditions, rights, or privileges, 
and they shall remain in full force and effect. Nothing in this Agreement shall be construed 
as consent to any lawsuits or waiver of any defenses in a lawsuit brought against the 
County in any state or federal court. 
 
22.0 
ENTIRE AGREEMENT 
This Agreement contains the entire understanding of the Parties. There are no 
representations or other provisions besides those contained in either this Agreement or in 
any written amendments approved and signed by both Parties. 
 
23.0 
SEVERABILITY 
The Parties agrees that should any part of this Agreement be held invalid or void, the 
remainder of this Agreement shall remain in full force and effect and shall be binding on 
the Parties. 
 
24.0  EXECUTION OF AGREEMENT/COUNTERPARTS 
This Agreement may be executed in counterparts. Each counterpart shall be deemed an 
original, and all counterparts shall form a single instrument. 
 
25.0 
AUTHORIZATION 
Each Party warrants to the other Party that the appropriate governing body of the Party 
has authorized approval and signature of this Agreement. 
 
 
[Signature on following page]

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IN WITNESS, the Parties have approved and signed this Agreement: 
APPROVED BY: 
THE CITY OF MESA 
APPROVED BY:  
MARICOPA COUNTY 
 
 
___________________________________ 
Name and Title                                      Date 
 
 
____________________________________ 
Chairman, Board of Supervisors 
Attested to: 
 
 
 
 
 
 
 
 
 
Town Clerk 
 
 
 
 
 
 
 
 
 
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 MESA A UNDER 
THE LAWS OF THE STATE OF ARIZONA. 
Attested to: 
 
 
 
 
 
 
 
 
 
Fran McCarroll, Clerk, Board of Supervisors 
 
 
 
 
 
 
 
 
 
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: 
 
 
 
 
 
 
 
 
 
Attorney for the City of Mesa                   Date 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
Deputy County Attorney                          Date