CITY OF AVONDALE IGA HOMELESSNESS PROGRAM.PDF
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City of Avondale Services
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF AVONDALE
Agreement Number:
Agreement Amount: $262,500
Agreement Start Date: August 1, 2023
Agreement Termination Date: June 30, 2025
Unique Entity ID: GDTNM5BLN9Y4
1.0
PARTIES
This financial Intergovernmental Agreement (“Agreement”) is between the City of Avondale
(“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 homeless services in Avondale. The
City shall conduct street outreach to persons experiencing homelessness, and provide
shelter, navigation services and flex funds (the “Project”). The County shall provide
Subrecipient with American Rescue Plan Act (“ARPA”) and Maricopa County General
Funds for Project activities. It is anticipated that a minimum of 30 individuals will be
provided assistance on a daily basis.
3.0
TERM OF AGREEMENT
3.1
The term of this Agreement is from August 1, 2023, through June 30, 2025.
3.2
This Agreement shall be effective upon approval and signature by both Parties.
4.0
AMENDMENTS
Any changes to this Agreement shall be effective only through a written amendment signed
by 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 make changes
within the general scope of the Agreement on behalf of the County through
City of Avondale Services
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Administrative Change Orders. Administrative Change Orders will be effective upon
approval and execution by both the Chairman of the Board of Supervisors and the
City. Administrative Change Orders may address any of the following areas:
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 the U.S.
Department of Treasury or local regulations, policies, or requirements.
6.0
FUNDING, INVOICING AND PAYMENT
6.1
The County shall provide the Subrecipient with $200,000 in ARPA Funds under
Assistance Listing Number (ALN) 21.027 provided to the County through the U.S.
Department of Treasury and $62,500 in Maricopa County General Funds (GF).
6.2
Funding expenditures per fiscal year:
6.2.1
FY2024
6.2.1.1
$25,000 – I-Help Shelter (ARPA)
6.2.1.2
$64,500 – Street Outreach (ARPA)
6.2.1.3
$10,500 – Flex Funding (ARPA)
6.2.1.4
$62,500 – Family Navigation (GF)
6.2.2
FY2025
6.2.2.1
$25,000 – I-Help Shelter (ARPA)
6.2.2.2
$64,500 – Street Outreach (ARPA)
6.2.2.3
$10,500 – Family Navigation (ARPA)
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 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.
7.2
If any action is taken by any federal, state, local agency, or any other agency or
instrumentality 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. In the event of termination, the
Parties 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. The Parties shall give written notice of their
intent to suspend performance or their intent to terminate this Agreement under this
Section at least ten (10) calendar days in advance.
8.0
RESPONSIBILITIES OF ORGANIZATIONS
8.1
The Subrecipient shall:
8.1.1 Provide services according to the scope of work, timeline and budget
outlined in Exhibit A.
City of Avondale Services
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8.1.2
Follow programmatic and financial reporting requirements outlined in
Exhibit A and use the appropriate templates provided by the County.
8.1.3
Allow access for County and its auditors for not less than two (2) calendar
years from the date of the report to all records and materials retained by
Subrecipient relating to the Program, with such access to be granted
during normal business hours on reasonable notice of not less than forty-
eight hours.
8.1.4 Ensure Subrecipient’s and any subcontractors’ compliance with federal,
state, and County requirements as they relate to the ARPA Fund
requirements.
8.1.5
Maintain a sufficient number of qualified and trained staff to provide
services under this Agreement
8.2
The County Shall be responsible for all of the following:
8.2.1
Provide timely payment of subrecipient invoices on a monthly basis.
8.2.2
Respond to questions from the Subrecipient in a timely manner.
8.2.3
Provide technical assistance and training to Subrecipient staff as
necessary to ensure proper administration services under this
Agreement.
8.2.4
Report to the U.S. Department of Treasury on the Subrecipient’s use of
funds.
8.2.5
Provide Invoice and Program Reporting template to subrecipient.
9.0
COMPENSATION
9.1
The Agreement is on a cost reimbursement basis.
9.2
Subrecipient shall submit monthly invoices to the County for all costs related to this
Project:
9.2.1
By the 15th calendar day of the month after month close out.
9.2.2
For costs incurred for the fiscal year, no later than the 30th of July.
9.3
Final Reimbursement Upon Agreement Termination.
9.3.1
The Subrecipient shall submit the final reimbursement request no later than
30 calendar days after the termination date except as noted immediately
below:
9.3.1.1
If the termination date is between June 10 and June 30, then the
final reimbursement request shall be submitted by July 10th.
9.3.2
The final progress report, and any other required reports that may be
applicable, such as the program income report, shall be submitted with the
final reimbursement request.
9.3.3
Final reimbursement request not received within 45 days following the
termination date may result in forfeiture of payment.
10.0
METHOD OF PAYMENT
10.1
The
Subrecipient
shall
submit
invoices
for
project
activities
to
hsdfinance@maricopa.gov.
10.2
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.
10.3
The County shall reimburse the Subrecipient on a net 0 payments standard.
11.0
DISALLOWED COSTS
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11.1
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 this Agreement. The
Subrecipient shall follow cost principles as outlined in Office of Management and
Budget (OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq.
11.2
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 Subrecipient and shall
not be reimbursed with County funds.
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 in 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.
12.3
The County may suspend or terminate this Agreement if the Subrecipient violates
any term or condition of this Agreement or if the Subrecipient 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 upon 30 day’s 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.
13.0
NOTICES
Notifications and communications concerning this Agreement shall be directed to the
following:
Subrecipient:
City of Avondale
Neighborhood and Family Services
Brian Planty, Homeless Services Mgr
Maricopa County
Human Services Department
TJ Reed, Homelessness Programs MGR
(602) 317-7056
City of Avondale Services
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(623) 333-2783
bplanty@avondaleaz.gov
995 E. Riley Drive
Avondale, AZ 85323
TJ.Reed@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 Subrecipient agrees that no individual performing under this Agreement on
behalf of the Subrecipient 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 Subrecipient
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 Subrecipient agent, employee, or representative and
that no rights of Subrecipient civil service, Subrecipient retirement, or Subrecipient
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 Subrecipient with respect to the foregoing.
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 ARPA. Any lawsuit arising out of this
Agreement shall be brought in the superior court of Maricopa County, Arizona.
15.2
The Subrecipient 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
The Subrecipient shall comply with the regulations prohibiting a conflict of interest.
The Subrecipient shall not make any payments, either directly or indirectly, to any
person, partnership, corporation, trust, or other organization that has a substantial
interest in Subrecipient's organization or with which the Subrecipient (or any of its
directors, officers, owners, trust certificate holders, or a relative thereof) has a
substantial interest, unless the Subrecipient has made full written disclosure of the
proposed payments to the County and has received written approval for the
payments.
15.4
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
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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 other Party. The Subrecipient 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 Subrecipient 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 Subrecipient will make determinations classifying recipients
of federal funds as a subrecipient.
16.3
The Subrecipient shall ensure compliance by any subcontractor with all ARPA
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 ninety (90) 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 Subrecipient knew or should have known of the basis of the
dispute.
17.3
The County Representative shall respond in writing to the Subrecipient 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
Subrecipient is served with the decision, the Subrecipient files a written notice of
appeal with the Human Services Department Director.
17.4
The Department Director shall provide the Subrecipient 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.
17.5
Pending a final decision of the Director, the Subrecipient shall diligently proceed with
its performance of this Agreement in accordance with the County Representative’s
decision.
17.6
In the event the Subrecipient disagrees with the Director’s decision, the Subrecipient
shall have every existing and future right or remedy available by law or in equity to
resolve the dispute.
18.0
SEVERABILITY
In 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 Subrecipient 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)
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(codified at 31 U.S.C. § 7501, et seq.). The Subrecipient 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 Subrecipient shall take corrective actions 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 ARPA or the County that the Subrecipient is not in
compliance with the audit requirements.
21.0
AUDIT DISALLOWANCES
21.1
The Subrecipient shall, upon written notice, reimburse the County for any payments
made under this Agreement that are disallowed by a federal, state, or County audit.
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 Subrecipient 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 Subrecipient by the
amount of the disallowance or to require immediate repayment of the disallowed
amount by the Subrecipient issuing a check payable to the County.
22.0
PROPERTY
22.1
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 Subrecipient within the limits budgeted in
this Agreement.
22.2
Any Subrecipient property furnished or purchased pursuant to the terms of the
Agreement shall be utilized, maintained, repaired, and accounted for by the
Subrecipient or Subrecipient’s subrecipient, as applicable. Repair costs of such
property shall be the responsibility of the Subrecipient or Subrecipient’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 Subrecipient 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 Subrecipient 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 Subrecipient 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
City of Avondale Services
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occurring in the performance of this Agreement, nor shall the Subrecipient 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 26 shall survive termination of this Agreement.
25.0
INSURANCE
The Subrecipient shall provide the County a Certificate of Self-Insurance equal to:
General Aggregate
$3,000,000
Each Occurrence Limit
$1,000,000
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 Subrecipients or Subcontractors at all tiers.
27.0
TECHNICAL ASSISTANCE
The County will provide reasonable technical assistance to the Subrecipient 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
Subrecipient 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 Subrecipient 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
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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
Subrecipient 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 Subrecipient shall complete and submit OMB
Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its
instructions and 31 U.S.C. § 1352.
31.0
RELIGIOUS ACTIVITIES
The Subrecipient warrants that none of its costs and none of the costs incurred by the
Subrecipient or any of its subcontractors or subrecipients will include any expense for
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 Subrecipient 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 to 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
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36.1
The County will monitor the Subrecipient's compliance as needed for fiscal and
programmatic performance under the terms and conditions of this Agreement and
applicable regulations promulgated by ARPA 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 Subrecipient's normal business hours, announced and/or
unannounced. For auditing purposes, the County shall provide the Subrecipient with
30-days’ advance notice of any proposed on-site visit. During an on-site visit(s), the
Subrecipient 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.
36.2
The County shall request information for fiscal monitoring/audit per (OMB) Uniform
Guidance 2 C.F.R. § 200, to include as applicable:
36.2.1 Financial Management 2 C.F.R. § 200.302
36.2.2 Internal Controls 2 C.F.R. § 200.303
36.2.3 Bonds 2 C.F.R. § 200.304
36.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
36.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
36.2.6 Program Income 2 C.F.R. § 200.307
36.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
36.2.8 Period of Performance 2 C.F.R. § 200.309
36.2.9 Insurance Coverage 2 C.F.R. § 200.310
36.2.10
Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
36.2.11
Procurement Standards 2 C.F.R. § 200.318
36.2.12
Indirect Costs 2 C.F.R. § 200.414
36.2.13
Compensation-Personal Services 2 C.F.R. § 200.430
36.2.14
Audit Requirements 2 C.F.R. §§ 200.501-200.517
37.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
37.1
The Subrecipient 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 Subrecipient’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 Director may request, and Subrecipient 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.
37.3
If the Director determines that the award to the Subrecipient 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
effecting a cost adjustment. If the Subrecipient 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 Subrecipient 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,
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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 Subrecipient shall give recognition to the County and the funding source for its support
when the Subrecipient publishes materials or releases public information that is paid for in
whole or in part with funds received by the Subrecipient under this Agreement.
40.0
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
The Subrecipient, 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 Subrecipient shall include
this clause in all its Subcontracts.
41.0
DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2531 and -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 Subrecipient 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 Subrecipient 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 Subrecipient 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
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
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The Subrecipient 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 commingled with other funds or money belonging to
the Subrecipient. 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. If an accounting system is used, then it shall be in accordance with generally
accepted accounting principles.
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 Subrecipient that are related
to this Agreement.
45.2
The Subrecipient 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.
46.0
ADEQUACY OF RECORDS
If the Subrecipient’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 Subrecipient shall
reimburse the County for the services not supported and/or documented.
47.0
IMMIGRATION LAWS AND REGULATIONS
47.1
Federal Immigration and Nationality Act
47.1.1 The Subrecipient understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (“IRCA”). The Subrecipient
agrees to comply with the IRCA in performing under this Agreement and to
permit the other Party to reasonably inspect personnel records to verify such
compliance, to the extent required by law.
47.1.2 By entering into this Agreement, the Subrecipient warrant 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 Subrecipient 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 Subrecipient 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.
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 Subrecipient 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
Subrecipient. All costs necessary to verify compliance are the responsibility
of the Subrecipient or its Subcontractor.
City of Avondale Services
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47.2
Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-
4401 (e-verify requirements) and further acknowledges that:
47.2.1 The Subrecipient and their respective 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 County 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 Subrecipient or their
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 Parties agree to make all papers and employment
records of those employees available during normal working hours in order
to facilitate such an inspection.
48.0
DRUG FREE WORKPLACE ACT
The Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701,
et seq.), which requires that Subrecipients 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 Subrecipient to the terms of this Certification. The Subrecipient,
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
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 Subrecipient 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
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
City of Avondale Services
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50.1
The Subrecipient 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 Subrecipient 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 Subrecipient and copies provided to County upon request; and
50.3
The Subrecipient 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 Subrecipient 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 Subrecipient 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.
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 Subrecipients, without intent
to limit or with restrictions, be subject to the following:
City of Avondale Services
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53.4.1 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the Subrecipient 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 this
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 Subrecipient 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.
54.0
ADMINISTRATIVE REQUIREMENTS
54.1
Accounting Standards – The Subrecipient 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
Subrecipient further agrees to maintain an adequate accounting system that
provides for appropriate grant accounting (including calculation of program
income).
54.2
Repayment of Funds – The Subrecipient 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 - The Subrecipient agrees to comply with this
Agreement and the following record keeping requirements:
54.3.1 Records to be maintained – The Subrecipient shall maintain all financial
records as required by 2 C.F.R. § 200, and OMB Circulars;
54.3.2 System for Award Management -The Subrecipient 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.
54.3.3 Records Retention - The Subrecipient 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 Subrecipient understands that client information collected
under this Agreement is private and the use or disclosure of such
City of Avondale Services
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information, when not directly connected with the administration of the
County's or the Subrecipient'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 Subrecipient 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.
55.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
55.1
The Subrecipient warrants and certifies that it does not currently, and agrees for
the duration of the agreement that it will not, use:
55.1.1 the forced labor of ethnic Uyghurs in the People's Republic of China.
55.1.2 any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
55.1.3 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.
55.2
If the Subrecipient becomes aware during the term of the Agreement that the
Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify
the County within five business days after becoming aware of the noncompliance.
Failure of the Subrecipient to provide a written certification that the Subrecipient
has remedied the noncompliance within one hundred eighty (180) days after
notifying the County of its noncompliance, this Agreement shall terminate unless
the Term of this Agreement shall end prior to said one hundred eighty (180) day
period.
56.0
FORCE MAJEURE
56.1
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.
56.2
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.
56.3
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.
City of Avondale Services
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IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
THE CITY OF AVONDALE
APPROVED BY:
MARICOPA COUNTY
___________________________________
City Manager Date
____________________________________
Clink Hickman Date
Chairman of the Board of Supervisors
Attested to:
City Clerk Date
Attested to:
Juanita Garza, 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 AVONDALE
UNDER THE LAWS OF THE STATE OF
ARIZONA.
APPROVED AS TO FORM:
City Attorney 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:
Kim Miles, Deputy County Attorney Date
City of Avondale Services
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EXHIBIT A- STATEMENT OF WORK
1.0
Project Implementation
1.1
The Subrecipient shall implement street outreach, flex funds, family navigation and
shelter (the “Project") to principally serve people experiencing homelessness.
1.2
Street outreach to include:
1.2.1 Collaborate with Homelessness service agencies and other local partners
to coordinate services for clients.
1.2.2 Participation in HMIS: The recipient must ensure that data on all persons
served, and all activities assisted under this program are entered into
HMIS in accordance with the local HMIS standards on data collection.
Outreach staff must enter latitude and longitude in HMIS when applicable.
1.2.3 Utilize the Continuum of Care (COC) Community Adopted Best practices
as a guide for core competencies and service delivery.
1.2.4 Activities designed to meet the immediate needs of people experiencing
homelessness in unsheltered locations by connecting them with
emergency shelter, housing, or critical services, and providing them with
urgent, non-facility-based care. Component services generally consist of:
1.2.4.1 Engagement
1.2.4.1.1 Activities to locate, identify and build relationships with
individuals or families living in unsheltered settings for
the purpose of providing immediate support,
intervention, and connections with homeless
assistance programs or mainstream social services
and housing programs.
1.2.4.1.2 These activities consist of making an initial assessment
of needs and eligibility; providing crisis counseling;
addressing urgent physical needs, such as providing
meals, blankets, clothes, or toiletries; and actively
connecting and providing information and referrals to
programs targeted to homeless people and
mainstream social services and housing programs,
including emergency shelter, transitional housing,
community-based services, permanent supportive
housing, and rapid re-housing programs. Eligible costs
include
1.2.4.1.3 Eligible costs for these activities include: the cell phone
costs of outreach workers during the performance of
these activities; The costs of activities to locate,
identify, and build relationships with unsheltered
homeless people and engage them for the purpose of
providing immediate support, intervention, and
connections with homeless assistance programs
and/or mainstream social services and housing
programs.
1.2.4.2 Case management
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1.2.4.2.1 Assessing housing and service needs, and arranging,
coordinating, and monitoring the delivery of
individualized services.
1.2.4.2.2 Eligible services and activities are as follows: using
coordinated entry; conducting the initial evaluation,
including verifying and documenting eligibility;
counseling; developing, securing and coordinating
services; obtaining Federal, State, and local benefits;
monitoring and evaluating program participant
progress; providing information and referrals to other
providers; and developing an individualized housing
and service plan, including planning a path to
permanent housing stability.
1.2.4.2.3 The cost of assessing housing and service needs,
arranging, coordinating, and monitoring the delivery of
individualized services to meet the needs of the
program participant.
1.2.4.2.4 These services may be provided to clients staying in
shelter via hotel or IHELP within the designated service
area.
1.2.4.3 Transportation
1.2.4.3.1 The transportation costs of travel by outreach workers,
social workers, medical professionals, or other service
providers are eligible, provided that this travel takes
place during the provision of services eligible under this
section. The costs of transporting unsheltered people
to emergency shelters or other service facilities are
also eligible.
1.2.4.3.2 The cost of purchasing or leasing a vehicle for the
recipient or subrecipient in which staff transports
program participants and/or staff serving program
participants, and the cost of gas, insurance, taxes and
maintenance for the vehicle; and the travel costs of
recipient or subrecipient staff to accompany or assist
program participants to use public transportation
1.3
Flex funding to include:
1.3.1 Flex funds can be administered with up to $2,500 per household per year
to support individuals or families obtain housing or eliminate barriers to
attaining housing.
1.3.2 Priority given to clients currently sleeping outdoors and not in shelter
1.3.3 The lead entity for administering flex funds must have and share with the
County policies, procedures and protocols to ensure funds are provided
appropriately.
1.3.4 There must be a standard process and/or application for receiving flex
funds.
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1.3.5 Expenditures can include any of the following items (any items not on this
list must receive prior approval from Maricopa County before purchase):
1.3.5.1 Hotel stays
1.3.5.2 Personal items needed to obtain or sustain housing (bed,
silverware, clothing, etc)
1.3.5.3 Legal fees for prior legal judgements or expunging legal
judgements
1.3.5.4 Vehicle repairs to prevent loss of employment
1.3.5.5 Housing search and placement
1.3.5.6 Rental application fees (when charged by the owner to all
applicants)
1.3.5.7 Security deposits (no more than two months rent)
1.3.5.8 Rent for the last month of a lease agreement
1.3.5.9 Utility deposits (when required by utility company for all
customers)
1.3.5.10
Moving and storage costs for up to three months
1.3.5.11
Service Eligibility
1.3.5.12
Client must be actively experiencing literal homelessness
within the designated areas. All clients assisted must have an
active entry in HMIS from March 2023 or later.
1.3.5.13
Flexible spending account funds must be for the purpose
of clients to obtain or retain housing and/or eliminate barriers in
obtaining or retaining housing.
1.3.5.14
Clients must demonstrate that the flexible fund is the
option of last resort or meets an immediate need that other
funding sources are unable to cover.
1.4
Shelter and Family Navigation to include:
1.4.1 Establish eligibility and issue a homeless verification letter within 72 hours
of entry.
1.4.2 All 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 interview,
and appropriate resources to provide to clients as needed. Make
documentation of these trainings available for monitoring.
1.4.3 All clients will receive an initial intake with support and resources provided
based on their identified needs within the first 24 hours of residency.
1.4.4 All clients will have access to AD HOC support services upon request in
order to have the tools and resources to resolve their identified needs.
1.4.5 Collect and maintain documents for housing readiness and coordination.
1.4.6 Facilitate connection to state licensed mental health and chemical
dependency treatment program as necessary.
1.4.7 Enter client information into Homeless Management Information Systems
("HMIS").
1.4.8 Must maintain above 95% occupancy on average.
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1.4.9 Case managements services will be available to IHELP clients a
minimum of 5 nights a week in the first 3 months of operating year 2023-
2024.
1.4.10 Case management will serve 100% of people in the IHELP program.
1.4.11 The Navigator will coordinate services and resources for families.
(households with at least one minor dependent) experiencing.
homelessness in Avondale and the surrounding areas. The Navigator will
provide case management for families living in Avondale’s Bridge Housing
Program (up to 4 families per year), and navigation and housing case
management for an additional 55 families per year.
1.4.12 All data must be entered into HMIS within 3 days.
1.4.13 Must have a data completeness score of 95%.
1.4.14 Ensure established Policies and Procedures are in place for service
delivery;
1.4.15 Be responsible for hiring, managing, training, and terminating staff as
necessary, in accordance with Subrecipient’s established policy and
procedures. Subrecipient shall make Policies available for County review
at time of monitoring.
1.4.16 Report incidents that may involve a liability issue, significant disruptions in
services or unusual or dangerous interactions which may leave the
County open for public scrutiny. Subrecipient will report incident to County
Homeless Services staff by telephone as soon as possible within 24
hours following occurrence and will provide a detailed incident report to
County Homeless Services staff within three (3) business days following
occurrence.
2.0
Background Checks and Fingerprinting
2.1
Background Checks for Employment Through Central Registry:
2.1.1 The Subrecipient shall make available valid Background Check
information to County upon request.
2.2
Fingerprinting:
2.2.1 The Subrecipient shall comply with, and shall ensure that all
Subrecipient’s employees, independent contractor, subcontractors,
volunteers, and other agents comply with, all applicable (current and
future) legal requirements relating to fingerprinting, fingerprinting
clearance cards, certification regarding pending or past criminal matters,
and criminal records checks that relate to contract performance.
2.2.2 Applicable legal requirements relating to fingerprinting, certification, and
criminal background checks may include, but not limited, to the following:
A.R.S. §§ 36-594.01, 36-3008, 41-1964, and 46-141. All applicable legal
requirements relating to fingerprinting, fingerprint clearance cards,
certification regarding pending or past criminal matters, and criminal
records checks are hereby incorporated in their entirety as provisions of
this Agreement.
2.2.3 The Subrecipient is responsible for knowing which legal requirements
relating to fingerprinting, fingerprint clearance cards, certifications
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regarding pending or past criminal matters, and criminal records checks
relate to contract performance.
2.2.4 The Subrecipient shall make available valid Fingerprint information to
County upon request.
3.0
Outcomes/Performance Measures
3.1
Street outreach to include:
3.1.1 Number of individuals experiencing homelessness served.
3.1.2 Number of individuals receiving navigation services at hotels or shelter
3.1.3 95% of clients with complete program data elements entered into HMIS
3.1.4 Clients enrolled obtain receipt of outside benefits upon exit such as
(SNAP, TANF, AHCCCS, etc.): 40% of with at least one source of outside
benefits.
3.1.5 40% of clients exiting the program go to positive destinations as recorded
in HMIS.
3.1.6 66% of clients contacted become engaged in services.
3.1.7 Percentage of program participants meeting the Chronic homeless
definition is greater than 30%.
3.1.8 Establish standard response time with Maricopa County that will be
reported monthly and adjusted per stakeholder need and context of
service. Response time must be within a maximum of 24 hours.
3.1.9 Data completeness and timeliness
3.2
Flex fund to include:
3.2.1 Number of applications processed
3.2.2 Number of people who obtained housing through flex funds
3.2.3 Data completeness and timeliness
3.3
Family Navigation to include:
3.3.1 Outcomes:
3.3.1.1 Number of individuals experiencing homelessness served.
3.3.1.2 Known Exit Destinations in HMIS
3.3.1.3 HUD defined positive exit destinations
3.3.1.4 Data completeness and timeliness
3.3.2 Indicators:
3.3.2.1 Chronicity: Percentage of program participants meeting chronic
definition (APR: 5A).
3.3.2.2 Median Length of Stay: Median number of days for participants
currently in the program. (APR: 22B)
3.3.2.3 Average Length of Stay: Average number of days for participants
currently in the program. (APR: 22B)
3.3.2.4 Data Quality: Percent of fields missing or incorrect in HMIS as
measured by HMIS APR. (APR: 6A,B,C,D,E)
3.3.2.5 Income Growth at Exit: Percentage of those with increased
income at program exit. (APR: 19A2)
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3.3.2.6 Receipt of Outside Benefits Upon Exit: Percentage of those with at
least one source of outside benefits upon program exit. (APR:
20B)
3.3.2.7 Positive Exits: Percentage of program participants who exited to a
positive destination as recorded in HMIS. (APR: 23C)
3.3.2.8 Occupancy Rate: Percentage of beds currently utilized by
program participants. (SAPBO: Bed Night Utilization)
3.3.2.9 Fund Utilization: Percentage of funds expended during term of
grant.
3.3.2.10
Housing First: Program score, max of 216. (Housing First
Assessment Tool)
3.3.2.11
Intake and Assessment: Median number of days between
Single Adult Shelter Entry Date and Case Management Entry
Date (for the clients who received case management).
3.3.2.12
Case Management: Ratio of available case managers for
every program participant.
3.3.2.13
Program Participants: Number of unduplicated clients
served in overnight shelter. (APR: 5A)
3.3.2.14
Exit Destinations: Count of positive exits, not-positive exits,
and unknown exits. (Unknown is the sum of “Client doesn’t
know/refused” and “Data not collected (no exit interview
completed)” . (APR: 23C)
3.4
Shelter to include:
3.4.1 Outcomes:
3.4.1.1 Number of individuals experiencing homelessness served.
3.4.1.2 Increase known Exit Destinations in HMIS from the previous year
3.4.1.3 Increase HUD defined positive exit destinations from the previous
year
3.4.1.4 Data completeness and timeliness
3.4.2 Indicators:
3.4.2.1 Chronicity: Percentage of program participants meeting chronic
definition (APR: 5A).
3.4.2.2 Median Length of Stay: Median number of days for participants
currently in the program. (APR: 22B)
3.4.2.3 Average Length of Stay: Average number of days for participants
currently in the program. (APR: 22B)
3.4.2.4 Data Quality: Percent of fields missing or incorrect in HMIS as
measured by HMIS APR. (APR: 6A,B,C,D,E)
3.4.2.5 Income Growth at Exit: Percentage of those with increased
income at program exit. (APR: 19A2)
3.4.2.6 Receipt of Outside Benefits Upon Exit: Percentage of those with at
least one source of outside benefits upon program exit. (APR:
20B)
3.4.2.7 Positive Exits: Percentage of program participants who exited to a
positive destination as recorded in HMIS. (APR: 23C)
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3.4.2.8 Occupancy Rate: Percentage of beds currently utilized by
program participants. (SAPBO: Bed Night Utilization)
3.4.2.9 Fund Utilization: Percentage of funds expended during term of
grant.
3.4.2.10
Housing First: Program score, max of 216. (Housing First
Assessment Tool)
3.4.2.11
Intake and Assessment: Median number of days between
Single Adult Shelter Entry Date and Case Management Entry
Date (for the clients who received case management).
3.4.2.12
Case Management: Ratio of available case managers for
every program participant.
3.4.2.13
Program Participants: Number of unduplicated clients
served in overnight shelter. (APR: 5A)
3.4.2.14
Exit Destinations: Count of positive exits, not-positive exits,
and unknown exits. (Unknown is the sum of “Client doesn’t
know/refused” and “Data not collected (no exit interview
completed)” . (APR: 23C)
4.0
Reporting Requirements: Monthly reporting to be submitted no later than the 15th
calendar day of the month, following the close of the prior month (i.e., February 15th for
January report) to include:
4.1
Monthly payment request form for reimbursement using a template provided by
the County.
4.2
Program Reports to be sent monthly:
4.2.1 COC APR from HMIS for each program
4.2.2 Outcome report using an agreed upon template that reports progress on
outcomes/ performance measures listed in the section above.
4.3
Provide Quarterly
4.3.1 Report on all indicators
4.3.2 Report indicating the expenditure percentage of the yearly budget with a
budget narrative describing the status and any programmatic or financial
issues. This report is to include all funding sources.
4.3.3 Share aggregate data at the request of County within 7 days.
5.0
Monitoring
5.1
The County will monitor the Subrecipient’s compliance with fiscal and
programmatic performance under the terms and conditions of this Agreement.
On-site visits for compliance monitoring may be made by either the County at
any time during the Subrecipient’s normal business hours, announced or
unannounced. During an on-site visit, the Subrecipient shall make all its records
and accounts related to work performed under this Agreement available to the
County for inspection and copying.
5.2
Subrecipient shall make Policies available for County review at time of
monitoring.
5.3
Subrecipient will provide full access, read only, to the Project in HMIS for the
purpose of monitoring client files no more than once per quarter. Subrecipient is
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responsible for notifying HMIS Lead Agency and granting access to the County
within 3 business days of monitoring notice.
5.4
County will conduct desk monitoring monthly when financial and programmatic
reports are submitted.
5.5
The County will conduct desk monitoring at minimum, on an annual basis and in
conjunction with federal agencies, if applicable, in order to review outputs,
outcomes and requirements described in the scope of work.
5.6
Subrecipient will provide any ad hoc reports as requested by the County
including aggregate or client level data through the HMIS System and according
to approved CoC Data Sharing agreements. Such reporting shall be for the
purposes of improving access to and effectiveness of service. The County
reserves the right to add, remove or revise reporting requirements at its
discretion.
6.0
Budget
FUND SOURCES
Sources
Total
Maricopa County – ARPA
$262,500
Line Item Expenditures
Total Service Cost
County Costs
IHELP Shelter
$90,000
$50,000
PRM Outreach
$129,000
$129,000
Flex Funding
$10,500
$10,500
Family Navigation
$125,000
$73,000
TOTALS:
$354,500
$262,500