HAMC AGREEMENT MADISON HEIGHTS.PDF

Maricopa County — Formal (2017-02-01)

View PDF Item 44 Meeting page

Extracted text (via pymupdf_layout) 18846 characters
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
HOUSING AUTHORITY OF MARICOPA COUNTY
Agreement Amount: $26,504
Agreement Start Date: January 1, 2017
HAMC Contract Number: C-66-17-012-M-00
County Contract Number: C-22-17-051-3-00
1.0 PARTIES
1.1 This financial Intergovernmental Agreement (“Agreement”) is entered into by and
between the Housing Authority of Maricopa County (hereinafter referred to as “HAMC”)
and Maricopa County (hereafter referred to as the “County”), administered by its
Human Services Department. HAMC and the County are collectively referred to as the
“Parties” and individually as a “Party.”
1.2 Maricopa County is authorized to enter into this Agreement under Arizona Revised
Statutes §§ 11-251 and 11-952, et seq.
1.3 HAMC is authorized to enter into this Agreement under Arizona Revised Statutes §§ 36-
1403 and 11-952, et seq.
2.0 PURPOSE
2.1 The purpose of this Agreement is to house County staff at the Madison Heights housing
development complex, Madison Heights Community Center (the “Property”) to assist
residents by coordinating service delivery and providing referrals to programs that will
assist residents with job searches, food security, utility assistance and education, Head
Start programs, and services for youth and elderly.
3.0 BACKGROUND
HAMC, in coordination with Gorman and Company, through Madison Heights Phase I, LLC and
Madison Heights Phase II, LLC, converted its property located at 1103 North 6th Street,
Avondale, Arizona, from public housing to Section 8 Project-Based Rental Assistance utilizing the
U.S. Department of Housing and Urban Development’s Rental Assistance Demonstration
program. The property serves residents of 143 units and includes a multigenerational
community center.
4.0 TERM OF AGREEMENT
4.1 This term of this Agreement shall commence on January 1, 2017 and shall remain in
effect until December 31, 2018. The Agreement shall become effective upon approval
and signatures by both Parties.

5.0 RENEWAL
5.1 The Agreement may be extended for two (2) additional one (1) year terms, upon
acceptance and approval by both Parties. HAMC must provide written notice of intent
to renew the Agreement (60) days prior to the end of the term.
5.2 Services provided by County will not lapse as long as the Parties are working toward
finalizing a renewal of the Agreement.
6.0 AMENDMENTS
Any changes to this Agreement shall be in writing and signed by both Parties.
7.0 TERMINATION
7.1 Pursuant to A.R.S. §38-511, the Parties may cancel this Agreement without penalty or
further obligation within three (3) years after execution of the Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the
Agreement on behalf of the County is at any time while the Agreement or any extension
of the Agreement is in effect, an employee or agent of any other Party to the Agreement
in any capacity or consultant to any other Party of the Agreement with respect to the
subject matter of the Agreement. Additionally, pursuant to A.R.S § 38-511 the Parties
may recoup any fee or commission paid or due to any person significantly involved in
initiating, negotiating, securing, drafting or creating the Agreement on behalf of the
County from any other Party to the contract arising as the result of the Agreement.
7.2 Either Party may terminate this Agreement at any time by giving the other Party at least
sixty (60) calendar days, prior notice in writing. The notice shall be given by personal
delivery or by registered or certified mail, postage prepaid and return-receipt requested,
to the persons at the addresses set forth in “Notices” section below.
7.3 This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
7.4 A Party has the right to terminate this Agreement upon twenty-four (24) hour notice
when the Party determines that the health or welfare of the service recipients are
endangered or if other Party’s non-compliance jeopardizes funding source financial
participation. If not terminated by one of the above methods, this Agreement shall
terminate upon the expiration of the term of this agreement stated on the cover page of
this Agreement.
8.0 FUNDING
8.1 HAMC shall provide the County with $26,504 for the provision of services and expenses
as identified in Section 9.0 Scope of Work. Funding availability is for a period beginning
January 1, 2017 to December 31, 2017.
8.2 Funding shall be utilized as indicated in Attachment A Itemized Service Budget.
8.3 Funding allocations will be provided on a year to year basis through an Amendment as
identified in Section 6.0 Amendments.
8.4 County shall submit monthly invoices to HAMC for the salary and employee related
expenses related to the part time County position.
9.0 SCOPE OF WORK
9.1 The County will:
9.1.1 Assign a staff person (Resident Services Coordinator) to be located at the
Property to assist Property’s residents with accessing services. County staff will
Page 2 of 8

provide referrals and information regarding programs and eligibility
requirements.
9.1.1.1 The Resident Services Coordinator shall be available on-site for no less
than twenty (20) hours per week.
9.1.2 Report monthly to HAMC regarding services to Property residents;
9.1.3 Coordinate the following programs and services or make referrals to
appropriate agencies as described below:
9.1.3.1 Establish a Workforce Development Access Point within the Community
Center to meet the needs of families and disconnected youth and assist
with job search and/or job development skills;
9.1.3.2 Refer youth between the ages of 14 and 24 to enroll in the
Arizona@Work: Maricopa Youth Workforce Services Program;
9.1.3.3 Provide referrals for appropriate households to the Head Start, Early
Head Start and Child Care Partnership programs for children age zero to
age 5;
9.1.3.4 Provide referrals for seniors and disabled adults to the case
management services available through the Area Agency on Aging;
9.1.3.5 Enroll eligible residents in utility discount programs and provide energy
education available through the Community Services Division;
9.1.3.6 Provide information on community resources, establish information and
referral mechanism, and provide enrollment assistance to interested
residents;
9.1.3.7 Provide referrals for food and nutrition programs, including the
Supplemental Nutrition Assistance Program (SNAP);
9.1.3.8 Meet regularly with Resident Councils and obtain input and/or feedback
regarding residents’ needs and satisfaction with the coordination of the
Community Center; and
9.1.4 Provide on-site services, either directly or through various community partners,
including, but not limited to:
9.1.4.1 Various after school activities for youth ages 16-18;
9.1.4.2 Computer training on Microsoft Office Suite;
9.1.4.3 Quarterly job fairs/employer recruitment events; and
9.1.4.4 Quarterly financial literacy classes.
9.2 HAMC will:
9.2.1 Provide a facility with on-site equipment and space customarily necessary for
the delivery of program services. At a minimum, the facility shall include the
following:
9.2.1.1 A secure office space for the Resident Services Coordinator, which:
9.2.1.1.1 has sufficient space to house computers and
equipment;
9.2.1.1.2 can be locked whenever the office space is not in use;
9.2.1.1.3 has Internet connection to assist residents in finding
local community resources, job search, career
exploration, and post-secondary scholarship and
financial aid opportunities;
9.2.2 Provide equipment and office supplies (i.e., phone, printer, and pens);
9.2.3 Provide classroom space for meetings and on-site classes; and
Page 3 of 8

9.2.4 Provide space and equipment for an on-site computer lab, to include a
minimum of two (2) computers and one (1) printer with Microsoft Office Suite
computer training software.
9.2.5 Work with MCHSD on efficiency and effectiveness of service delivery.
10.0 LOCATION WHERE SERVICES WILL BE PROVIDED
10.1 Office and classroom space will be located in the Community Center at 1103 N. 6th St.,
Avondale, Arizona.
11.0 NOTICES
11.1 Communication and details concerning this Agreement shall be directed to the following
contract representatives:
HSD: HAMC:
Sandra Mendez, Assistant Director Gloria Munoz, Executive Director
Maricopa County Human Services Housing Authority of Maricopa County
Department 8910 N. 78th Avenue, Building D
234 N. Central, Suite 3000 Peoria, AZ 85345
Phoenix, AZ 85004 602-744-4542
602-506-2316 g.munoz@maricopahousing.org
MendezS002@mail.maricopa.gov
12.0 EMPLOYMENT DISCLAIMER
12.1 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.
13.0 GENERAL INDEMNIFICATION
13.1 Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party (as “Indemnitee”) for, 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.
14.0 GENERAL LIABILITY INSURANCE EXCEPTION
Each Party is a public entity, the Insurance Policy requirements shall not apply. Instead each
Party shall provide to the other Party a Certificate of Self- Insurance, upon request, equal to:
General Aggregate $3,000,000
Each Occurrence Limit $1,000,000
15.0 COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall comply with all applicable laws, rules, and regulations, without limitation to
those designated in this Agreement.
Page 4 of 8

16.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY
EXCLUSION
16.1 County certifies to the best of its knowledge and belief, that it and its directors, officers
and agents:
16.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
16.1.2 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;
16.1.3 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
16.1.4 Have not within a three-year period had one or more public transactions
(Federal, State, or local) terminated for cause or default.
17.0 IMMIGRATION LAWS AND REGULATIONS
17.1 Federal Immigration and Nationality Act
17.1.1 The Parties understand and acknowledge the applicability of the Immigration
Reform and Control Act of 1986 (IRCA). The Parties agree to comply with the
IRCA in performing under this Agreement and to permit the other Party to
inspect personnel records to verify such compliance.
17.1.2 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.
17.1.3 The Parties may request verification of compliance for any employee or
subcontractor performing work under the Agreement. Should either Party
suspect or find that the other Party or any of its subcontractors are not in
compliance, then the 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. All costs
necessary to verify compliance are the responsibility of the Contractor or its
subcontractor.
17.2 Arizona Law:
17.2.1 The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledges:
Page 5 of 8

17.2.1.1 That the Contractor and its 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;
17.2.1.2 That a breach of a warranty under subsection 1 above, shall be
deemed a material breach of this Agreement and the County may
immediately terminate this Agreement without liability;
17.2.1.3 That the County and any contracting government entity retains
the legal right to inspect the papers and employment records of any
Contractor or Vendors employee who works on this Agreement to
ensure that the Contractor or Vendors is complying with the warranty
provided under subsection 1 above and that the Contractor agrees to
make all papers and employment records of said employee(s) available
during normal working hours in order to facilitate such an inspection.
18.0 ISRAEL BOYCOTT
18.1 Per A.R.S. § 35-393, Contractor certifies that they are not currently engaged in, and agrees
for the duration of the Contract to not engage in, a boycott of Israel.
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 chosen as the
attorney for the other Parties to this Agreement, and the signing Parties acknowledge
that they are aware of a potential conflict of interest, and waive any claim of conflict of
interest, which may arise by virtue of Civil Division’s representation of another Party to
this Agreement.
20.0 RETENTION OF RECORDS
20.1 Parties agree to maintain records and other relevant documents to this Agreement for
six (6) years after the resolution of any audit questions which could be more than six (6)
years, whichever is longer.
20.2 Parties shall retain full and complete ownership of all records generated by performance
of this Agreement as may be required by applicable federal and state laws and
regulations and will follow appropriate retention schedules.
21.0 AVAILABILITY OF FUNDING
21.1 If any action is taken by any federal, state, local agency or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation affecting the
capacity of the Parties to continue this Agreement, the Parties may amend, suspend,
decrease or terminate its obligations under or in connection with this Agreement. The
Parties shall provide (30) days’ notice of termination. HAMC shall reimburse the County
for all work performed prior to the date of termination.
22.0 RELEASE OF INFORMATION
22.1 The use or disclosure by any Party of any information concerning an applicant for, or
recipient of, services under this Agreement is directly limited to the purpose of this
Agreement. The County and its agents shall safeguard the confidentiality of this
information consistent with federal and state laws and regulations. The County shall
include a clause to this effect in all Subcontracts
Page 6 of 8

IN WITNESS THEREOF, the Parties have signed this Agreement:
APPROVED BY: APPROVED BY:
HOUSING AUTHORITY OF MARICOPA COUNTY MARICOPA COUNTY
_________________________________ ___________________________________
Chairman, Board of Commissioners Chairman, Board of Supervisors
_________________________________ ___________________________________
Date Date
Attested to: Attested to:
_________________________________ ______________________________________
Executive Director Clerk, Board of Supervisors
IN ACCORDANCE WITH A.R.S. §§ 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..
_____________________________________ By:_______________________________________
Attorney for the Housing Authority of Legal Counsel for Maricopa County
Maricopa County
Date:__________________________________ Date:_____________________________________
Page 7 of 8

Attachment A
MADISON HEIGHTS RESOURCE CENTER COORDINATION
ITEMIZED SERVICE BUDGET
January 1, 2017 to December 31, 2017
I PERSONNEL
TOTAL FTE Cost of
TOTAL Level for Contract
Position FTE Contract TOTAL COST for Service to
Number Level Position Title TOTAL Salary Service Contract Service HAMC
1 0.50 Resource Coordinator $40,000.00 0.50 $20,000 $20,000
1 0.15 Program Manager $60,000.00 0.15 $9,000 $0
Total FTE's dedicated to this contract: 0.65 TOTAL: $29,000 $20,000
II EMPLOYEE RELATED EXPENSES
ITEM BASIS TOTAL COST
Various Fringe Benefits MCHSD & HAMC split 50%
unemployment insurance, health
benefits, life insurance, retirement ($11,400 X .65) + (19.13% X $29,000) $12,958 $6,504
TOTAL: $12,958 $6,504
III PROFESSIONAL AND OUTSIDE SERVICES
ITEM BASIS TOTAL COST
TOTAL: $0 $0
IV TRAVEL
ITEM BASIS TOTAL COST
Staff Mileage 100 miles/mo x 12 mo x 1 FTEs x .565/mi $678
TOTAL: $678 $0
V EQUIPMENT
ITEM BASIS TOTAL COST
1 Dell Laptop Computer @1,400 $1,400 $1,400 $0
TOTAL: $1,400 $0
VI MATERIALS AND SUPPLIES
ITEM BASIS TOTAL COST
Promotional Flyers, Marketing, Program
Handbooks $1,500 $0
TOTAL: $1,500 $0
VII OPERATING SERVICES
ITEM BASIS TOTAL COST
Reprographics (printing forms etc) estimated cost $500 $0
Monthly Parking $78 x 1 FTE X 12 mo. $936 $0
Fingerprint Clearance card (staff) estimated 1 x 85 $85 $0
TOTAL: $1,521 $0
VIII INDIRECT COSTS
ITEM BASIS TOTAL COST
MCHSD Provisional Indirect Cost Rate is
20.4% of Personnel and ERE 20.4% x $42,007 $8,485 $0
TOTAL: $8,485 $0
Cost of
Contract
TOTAL COST for Service to
Contract Service HAMC
IX TOTAL Costs per Column: $55,542 $26,504
REVENUE SOURCE TOTAL Revenue(s)
HAMC $26,504
MCHSD (proposed) $29,038
X TOTAL REVENUES: $55,542
Page 8 of 8