IGA WITH HAMC FOR FAMILY-SELF SUFFICIENCY.PDF

Maricopa County — Formal (2019-04-24)

View PDF Item 45 Meeting page

Extracted text (via pymupdf_layout) 20575 characters
INTERGOVERNMENTAL AGREEMENT
BETWEEN
HOUSING AUTHORITY OF MARICOPA COUNTY
AND MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
1.0 PARTIES
This Agreement is between the Housing Authority of Maricopa County (HAMC) and Maricopa County administered
by its Human Services Department, Community Services Division (County and/or CSD). HAMC is empowered by
A.R.S. § 36-1403 and § 11-952 to enter into this Agreement. Maricopa County is authorized to enter into this
Agreement under A.R.S. § 11-952 et seq. The County, CSD and the HAMC may be referred to herein individually as
a “Party” and collectively as the “Parties.”
2.0 BACKGROUND
2.1 HAMC is a HUD-designated agency responsible for housing programs in Maricopa County, Arizona. HAMC
owns, operates and manages single family homes and multi-family communities throughout Maricopa
County. HAMC also administers Housing Choice Vouchers, Mainstream Vouchers, VASH vouchers, and
Family Unification Program vouchers. These HUD-funded rental assistance programs are designed to
assist low-income families rent apartments or homes in the private market. Further, HAMC receives HUD
funding to provide self-sufficiency programming to those who participate in its Housing Programs
(Participants).
2.2 The CSD administers various programs that provide basic need services, prevent or alleviate
homelessness, provide utility assistance, and case management to low income populations.
2.3 Since November 2011, CSD has administered the Public Housing Self Sufficiency Program for HAMC public
housing communities and residents. In September 2014, HUD’s self-sufficiency program grant funding
was no longer separated by Housing program, and CSD started providing self-sufficiency programming to
Housing Choice Voucher recipients.
3.0 PURPOSE
3.1 The purpose of this Agreement is for CSD to administer the HAMC Family Self-Sufficiency (FSS) Program
and incorporate FSS case management activities into CSD’s existing infrastructure. These activities will be
in coordination and collaboration with the HAMC and its Resident Opportunities and Self Sufficiency
(ROSS) Grant Service Coordinator.
3.2 FSS services and goals will align closely HAMC’s strategic priority to increase opportunities for Participants
to move beyond their housing needs towards self-sufficiency and with other programs administered by
the CSD and will contribute to the CSD focus on high impact strategies to help individuals/families become
self-sufficient.
3.3 CSD will use the resources of FSS grants to support a Family Self-Sufficiency program (“Program”) to serve
Participants in HAMC housing programs. CSD will employ FSS Specialists (equivalent to HUD grant Project
Coordinator) to be funded by the HAMC grants with reimbursements to CSD. The Program will be
embedded within CSD and fully supported by MCHSD’s administrative and management structure
including finance, human resources, information technology, and the Director’s Office. CSD will be
reimbursed by HAMC for allowable expenses as indicated in the Itemized Service Budget, Attachment A.
4.0 RESPONSIBILITIES OF ORGANIZATIONS
4.1 HAMC will be responsible for:
4.1.1 HAMC retains ultimate responsibility for drawing down funds from HUD, grant expenditures, and
financial reporting to HUD.
 Provides CSD with the Programmatic Report forms including:
o Monthly FSS Escrow Statements
Page 1 of 7

o 50058 forms reporting Interim and Annual reexaminations/Exit reports or other
changes for current FSS participants
4.1.2 Provides CSD with the Financial Claim Forms to be used for monthly reimbursement claims by
CSD to HAMC.
4.1.3 Coordinate with CSD regarding level and frequency of programmatic reporting required by HUD
or HAMC.
4.1.4 Provide CSD with technical assistance regarding grants as requested.
4.1.5 Adhere to program policy outlined in the FSS Action Plan.
4.1.6 Comply with Grant agreement requirements, including, but not limited to:
 Participation in HUD or regional FSS meetings.
 Provision of any non-financial resources to CSD as necessary to ensure performance of
Grant.
 Notification to CSD as soon as possible of any deviations to the HUD approved budgets
or any changes to related Grant agreement.
 Minimal time elapsing between draw downs and disbursements of Grant funds.
 Submission of annual performance reports and SF-425 report to HUD.
4.1.7 HAMC will ensure CSD has:
 Access to all housing sites/facilities and offices, including FSS participant records/files,
release of information forms will no longer be required for data sharing.
 Access to housing communities for direct contact with residents and HAMC staff.
 Full cooperation and accommodation by HAMC housing management and staff.
 Access to FSS client’s housing information which includes 50058s annual/interim
reexaminations/exit reports and escrow balance information.
 HAMC will invite CSD to provide feedback on goals, activities, and assisting in projection
of outcomes.
4.2 CSD will be responsible for:
4.2.1 Case management services tailored to the specific needs of each family or individual client.
Program staff will create an individual service plan for every family/individual. The service plan
will be periodically reviewed and updated as the family’s or individual’s needs change.
Families/individuals will meet regularly with their assigned FSS staff as determined by individual
needs and goals.
4.2.2 The specific services offered include long-term goal development, linkages for employment
and/or education opportunities, referrals and linkages to community services, crisis intervention,
support and advocacy as well as coordination of housing program assistance with public and
private resources for supportive services and resident empowerment activities.
4.2.3 Program staff will coordinate with and access other MCHSD programs and services, including:
 Workforce Development Division for job seeker services for youth and adults;
 Education Division for Head Start Zero to Five program services for children and families;
 Community Development Division for home ownership assistance;
 Community Services Division for community action program services; and
 Smart Justice support services to help with family members who are reintegrating into
the community upon release from jail or probation.
4.2.4 Program staff will establish and maintain a system to monitor and evaluate service delivery
outcomes.
4.2.5 Program staff will coordinate with other self-sufficiency programs in Maricopa County.
4.2.6 Program staff will maintain complete and accurate participant files, with supporting documents.
4.2.7 Program staff will be responsible for maintaining a participant file in the MCHSD electronic client
file database.
4.2.8 Program staff will be responsible for completing grant reports and documents for fund sources
provided as requested by HAMC.
Page 2 of 7

4.2.9 The CSD Direct Services Supervisor will provide the FSS Specialist (equivalent to HUD grant
Project Coordinator) with direct supervision. CSD FSS Program staff will have assigned space at
CSD administrative offices for weekly supervision and staff meetings with the CSD and other
communication, meetings, and activities related to the work of the County.
4.2.10 Grant funded activities compliance with all applicable federal, state, and local requirements,
including grant regulations, goals, and objectives.
4.2.11 Regular reporting of program progress and outcomes as required by the grant(s) and HAMC to
ensure that results agreed to by HAMC are achieved.
4.2.12 Assistance to HAMC program planning.
4.2.13 Assistance to HAMC with the development of renewal applications for grant.
4.2.14 Timely submittal to HAMC of programmatic reports and financial claim forms for reimbursement
with all required supporting documentation for expenditures.
4.2.15 Coordination of available assistance for HAMC Housing Program participants from community
based organizations.
4.2.16 Adhere to program policy outlined in the FSS Action Plan.
5.0 LOCATIONS WHERE SERVICES WILL BE PROVIDED
Services are provided at the various HAMC properties throughout Maricopa County and at participant’s homes.
6.0 REPORTING REQUIREMENTS
CSD will submit required programmatic reports and financial claim forms to HAMC on a monthly basis.
Programmatic reports must be submitted by CSD to HAMC within ten (10) calendar days after the end of each
month. The monthly reimbursement of expenses (draw) is due the 20th of the month following month end. The
final draw (i.e., end of contract) is also due the 20th of month following. Failure to provide reports and financial
claims on time each month may result in the delay of payment or subsequently, non-payment.
7.0 LIFE OF THE AGREEMENT
7.1 This Agreement shall be effective January 1, 2019 and will expire on December 31, 2020.
7.2 This Agreement is subject to cancellation in accordance with the provisions of A.R.S. § 38-511.
7.3 Either party may terminate this Agreement at any time, with sixty (60) days’ notice in writing to the other
party (unless terminated by HUD or the Board of Commissioners under availability of funds provision).
Such notice shall be given by personal delivery or by Registered or Certified mail.
7.4 This Agreement may be terminated by mutual written agreement of the parties specifying the
termination date therein.
8.0 FUNDING
8.1 This Agreement is funded as indicated on the Itemized Service Budget, Attachment A.
8.2 Subject to the availability and authorization of FSS grant funds for the explicit purposes set forth under
this Agreement, HAMC shall pay CSD compensation for services rendered as indicated in this Agreement.
8.3 Subject to ongoing review and possible modifications during the terms of this Agreement, HAMC shall pay
CSD monthly, based on CSD submitting a monthly Financial Claim Form as provided by HAMC.
8.4 During the term of this Agreement, the maximum amount of compensation due to CSD from HAMC for
any and all services performed, and the obligations and duties hereunder, shall not exceed the total
HAMC expenses as delineated in the Itemized Service Budget (ISB).
8.5 CFDA Number(s): 14.896 - Family Self-Sufficiency (FSS)
9.0 AVAILABILITY OF FUNDS
The provisions of this Agreement relating to the payment for services shall become effective when funds assigned
for the purpose of compensating CSD, as provided herein, are available to HAMC from HUD for disbursement. The
HAMC Director shall be the sole authority in determining the availability of funds under this Agreement and HAMC
shall keep the CSD fully informed as to the availability of funds.
Page 3 of 7

10.0 AMENDMENTS
10.1 Any changes to this Agreement shall be carried out in accordance with the following:
10.1.1 A written amendment, signed by both parties, to this Agreement shall be required for every
standard purpose listed below and all other purposes;
10.1.2 Whenever the Agreement period is lengthened and/or shortened;
10.1.3 For any other changes in terms and conditions of this Agreement which the parties deem
substantial.
11.0 AGREEMENT RENEWAL
This Agreement may be extended by a written amendment for (5) five twelve-month periods, or portions thereof, at
the concurrence of the Parties. After the final extension period, the parties can enter into a new Agreement, if
desired. The Parties shall meet prior to the Agreement termination to determine if the Agreement will be renewed
and any programmatic changes to be made at time of renewal.
12.0 NOTICES
Communication and details concerning this Agreement shall be directed to the following Agreement representatives:
HAMC: CSD:
Irma Hollamby Sandra A. Mendez
Director, Administration & Housing Services Assistant Director, Community Services Division
Housing Authority of Maricopa County Maricopa County Human Services Department
(602) 744-4541 (602) 506-2316
i.hollamby@maricopahousing.org Sandra.Mendez@maricopa.gov
13.0 SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any party of any information concerning an applicant for, or recipient of, service under this
Agreement is directly limited to the conduct of this Agreement. CSD and its agents shall safeguard the confidentiality
of this information just as it would safeguard its own confidential information.
14.0 GENERAL INDEMNIFICATION
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 attorneys’ fees)
(hereinafter collectively referred to as “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, its officers,
officials, agents, employees, or volunteers.
15.0 INSURANCE
Each Party agrees to secure and maintain insurance coverage for any and all risks that may arise out of the terms,
obligations, operations and actions as set forth in this Agreement, including but not limited to public entity
insurance. The acquisition of insurance or the maintenance and operation of a self-insurance program may fulfill
the insurance requirement.
16.0 COMPLIANCE WITH APPLICABLE LAWS
16.1 Each party shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations,
standards, and codes of the Federal, State, and Local governments whether or not specifically referenced
herein. Specifically, the following apply:
16.2 Unless exempt under Federal law, both parties 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. 75-5, as updated in
State Executive Order No. 99-4, which mandates that all persons, regardless of race, color, religion, sex,
Page 4 of 7

age, national origin, or political affiliation, shall have equal access to employment opportunities. Both
parties 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. Both parties shall comply
with the requirements of the Fair Labor Standards Act of 1938, as amended.
16.3 The Parties shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the denial of benefits
of, or participation in, Agreement services on the basis of race, color, or national origin. Both parties 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 Agreement services; and with Title II of the
Americans with Disabilities Act, and the Arizona Disability Act, which prohibits discrimination on the basis
of physical or mental disabilities in the provision of Agreement programs, services, and activities. All grant
applicants and recipients are directed to notify the Director of the Civil Rights Center, United States
Department of Labor of any administrative enforcement and/or lawsuits.
U.S. Department of Labor
200 Constitution Avenue NW Room N-4123
Washington, DC 20210
Phone: 202-693-6500 Fax: 202-693-6505 TTY: 202-693-6516
16.4 Parties warrant compliance with A.R.S. § 41-4401 and further acknowledges:
16.4.1 That Parties and its subcontractors, 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,
subsection A;
16.4.2 That a breach of a warranty under subsection 15.4.1 above, shall be deemed a material breach of
this Agreement that is subject to penalties up to and including termination of the Agreement;
16.4.3 That the Parties retains the legal right to inspect the papers of any contractor or subcontractor
employee who works on this Agreement to ensure that Parties are complying with the warranty
provided under subsection16.4.1 above and agrees to make all papers and employment records
of said employee(s) available during normal working hours in order to facilitate such an
inspection;
16.4.4 That nothing herein shall make Parties or their subcontractor’s employees of the contracting
government entity.
17.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION
17.1 Parties certify to the best of its knowledge and belief, that it and its directors, officers and agents:
17.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
17.1.2 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 Agreement 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;
Page 5 of 7

17.1.3 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 paragraph 16.1.2;
and
17.1.4 Have not within a three-year period had one or more public transactions (Federal, State, or local)
terminated for cause or default.
18.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
18.1 Parties understand and acknowledge the applicability of the Immigration Reform and Control Act of 1986
(IRCA). Parties agree to comply with the IRCA in performing under this Agreement and to permit inspection
of personnel records to verify such compliance.
18.2 By entering into this Agreement, both Parties 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. Both parties shall obtain statements from their subcontractors certifying
compliance and shall furnish the statements to the Procurement Officer upon request. These warranties
shall remain in effect through the term of the Agreement. Both parties 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.
18.3 The Parties may request verification of compliance for any party or subcontractor performing work under
the Agreement. Should the Parties suspect or find that the other Party or any of its subcontractors are not
in compliance, either Party 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 and/or debarment of the
other Party.
19.0 CONFLICT WAIVER
19.1 The parties to this agreement acknowledge that they are aware that the Civil Services Division of the
Maricopa County Attorney’s Office (Civil Division) may be chose as the attorney for other parties to this
agreement, and the signing party acknowledges that it is aware of a potential conflict of interest, and it
waives any claim of conflict of interest, which may arise by virtue of Civil Division’s representation of
other parties to this agreement.
Page 6 of 7

IN WITNESS THEREOF, the Parties have signed this Agreement:
APPROVED BY: APPROVED BY:
HOUSING AUTHORITY OF MARICOPA COUNTY MARICOPA COUNTY, ADMINISTERED BY ITS HUMAN
SERVICES DEPARTMENT
___________________________________ ____________________________________
Chairman, Board of Commissioners Chairman, Board of Supervisors
Date: __________________________ Date: __________________________
Attested To: Attested To:
____________________________ ______________________________
Clerk of the Board Clerk, Board of Supervisors
In accordance with A.R.S. §§ 36-1403, 11-952, 11-201, and 11-251, this agreement has been reviewed by the
undersigned attorneys who have determined that this agreement is proper in form and within the powers and
authority granted under the laws of the state of Arizona.
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ______________________________ By: ______________________________
Attorney for the Housing Authority of Maricopa Deputy County Attorney
County
Date: __________________________ Date: __________________________
Page 7 of 7