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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 (hereafter referred to as “HAMC”) and Maricopa County, administered by its Human Services Department, Community Services Division (hereafter referred to as the “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 904 housing units in 17 communities throughout Maricopa County. These properties are generally located in the smaller cities and unincorporated areas of the County. HAMC also administers 1592 Housing Choice Vouchers. This rental assistance program also funded by HUD is designed to assist low-income families rent apartments or homes in the private market. HAMC also receives HUD funding to provide self-sufficiency resources to those in its Housing Programs. 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. 2.4 In September 2014, HAMC was awarded a grant for the Family Self Sufficiency (FSS) Program, Attachment A. HUD’s self-sufficiency program grant funding is no longer separated by Housing program. . 3.0 PURPOSE 3.1 The purpose of this Agreement is for CSD to administer the HAMC FSS grants, 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 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 residents of HAMC housing and participants in HAMC housing programs in Maricopa County. CSD will employ FSS Specialist (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, 12/16/2014 information technology, and the Director’s Office. CSD will be reimbursed by HAMC for allowable expenses as indicated in the Itemized Service Budget, Attachment B. 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 PH FSS Logic Model Report Form o Annual FSS Escrow Statements o 50058 forms reporting Interim and Annual reexaminations/Exit reports or other changes for current FSS participants 4.1.2 Transfers all case files and related program documents to CSD to ensure a smooth transition of participant services. 4.1.3 Provides CSD with the Financial Claim Forms to be used for monthly reimbursement claims by CSD to HAMC. 4.1.4 Coordinate with CSD regarding level and frequency of programmatic reporting required by HUD. 4.1.5 Provide CSD with technical assistance regarding grants as requested. 4.1.6 Adhere to program policy outlined in the FSS Action Plan. 4.1.7 Comply with Grant agreement requirements, including, but not limited to: Attendance of HUD 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 Logic Model and SF-425 report to HUD 4.1.8 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 50058’s annual/interim reexaminations/exit reports and escrow balance information. HAMC will invite CSD to provide feedback on logic model goals, activities, and assisting in projection of outcomes. 4.2 CSD will be responsible for: 4.2.1 Case management services will be 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. Page 2 of 8 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 public housing program assistance with public and private resources for supportive services and resident empowerment activities. 4.2.3 Program staff will establish and maintain a system to monitor and evaluate service delivery outcomes. 4.2.4 Program staff will coordinate with other self-sufficiency programs in Maricopa County. 4.2.5 Program staff will maintain complete and accurate participant files, with supporting documents. 4.2.6 Program staff will be responsible for maintaining a participant file in the MCHSD electronic client file database. 4.2.7 Program staff will be responsible for completing grant reports and documents for fund sources provided by HAMC. 4.2.8 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 Community Justice Support Services to help with family members who are reintegrating into the community upon release from jail or probation. 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 Contractor. 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 HAMC Housing program participant’s homes. 6.0 REPORTING REQUIREMENTS CSD will submit required programmatic reports and financial claim forms to HAMC on a monthly basis. The reports and claim forms must be submitted by CSD to HAMC within twenty (20) Page 3 of 8 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 by the 20th calendar day of each month will 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, 2015 and will expire on December 31, 2015. 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 B. 8.2 Subject to the availability and authorization of 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 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. 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 three twelve-month periods, or portions thereof, at the concurrence of both parties. After the final extension period, the parties can enter into a new Agreement, if desired. Both parties shall meet prior to the Agreement Page 4 of 8 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 Mark Monroe Administrator Contract Administrator Housing Authority of Maricopa County MCHSD/CSD (602) 744-4541 (602) 506-4206 i.hollamby@maricopahousing.org MonroeM@mail.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, 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 Page 5 of 8 disability. Both parties shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended. 16.3 Both 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 Page 6 of 8 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; 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 chosen 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 7 of 8 IN WITNESS THEREOF, the Parties have signed this Agreement: APPROVED BY: APPROVED BY: HOUSING AUTHORITY OF MARICOPA MARICOPA COUNTY, ADMINISTERED BY COUNTY 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 Deputy County Attorney Maricopa County Date: __________________________ Date: __________________________ Page 8 of 8