Original IGA

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF El MIRAGE

County Contract #:.C-22-24-049-X-00

City Contract #:

Agreement Amount: $15,000
Agreement Start Date: January 1, 2024
Agreement Termination Date: June 30, 2024

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PARTIES

This financial Intergovernmental Agreement (“Agreement”) is between the City of El Mirage
("City") and Maricopa County (“County”) administered by its Human Services Department. The
County and the City collectively are referred to as the “Parties” and individually as the “Party.”

PURPOSE

21 The purpose of this Agreement is to establish a collaboration between the Parties focused
on a strategy to reduce homelessness in the Agua Fria Wash (the “Program”). The City of
El Mirage, Sun City, Sun City West, Waddell, Wittmann, Town of Youngtown and City of
Surprise (“Subregional Partners”) are committed to provide outreach teams with needed
resources to assist individuals who are unsheltered to transition into permanent housing.

2.2 Subregional Partners are working to address the needs of individuals that are utilizing the
Agua Fria Wash as a campsite for temporary shelter. The Subregional Partners will ensure
outreach teams are developed to assist individuals with services to transition into
permanent housing.

2.3 Outreach will include a versatile combination of coordination of case management, mental
health service connections and substance use support. Through a sustained targeted
effort, this partnership endeavors to reduce local street homelessness in the areas as
measured by the Point in Time count, an annual street and shelter count to determine the
number of people experiencing homelessness in Maricopa County during a given point in

time.
TERM OF AGREEMENT
3.1 The initial term of this Agreement is listed on page one of this Agreement.
3,2 This Agreement shall be effective upon approval and signature by both Parties.

3.3 Extensions must be in writing and approved and signed by both Parties. The City must
provide notice of intent to renew the Agreement-60 calendar days prior to the end of the
original or extended Agreement term, as applicable.

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AMENDMENTS
Any changes to this Agreement shall be by written amendment signed by both Parties.

FUNDING
The City shall provide the County with $15,000 for the Agreement term. Payments shall not
exceed $2,500 per month.

AVAILABILITY OF FUNDS

6.1 Should funding for Program activities be reduced for any reason and services are not
funded, then the City may either accept a decrease in services offered by the County or
terminate this Agreement.

6.2 If the City is unable to provide funding to support the Program, then the County has the
right to either change the availability of or withdraw the services (or both).

PAYMENTS

Subject to ongoing review and possible modifications during the term or terms of this Agreement,
the City shall pay the County based on the County submitting a monthly invoice. County shall
submit invoices and back up documentation for activities outlined in section 8,0.The City shall
prepare and issue payment within 30 calendar days of receipt of the invoice, except for the last
month of each fiscal year for which the City shall submit payment by July 5th. Payments shall be
submitted to the Department's Finance Division at the address 234 North Central Avenue,
Phoenix, Arizona 85004,

RESPONSIBILITIES OF ORGANIZATIONS
8.1 The County shall:
8.1.1 Assign outreach staff, either County staff or contracted agency staff to:
8.1.1.1 Provide outreach 7 days a week.
8.1.1.2 Collaborate with homelessness service agencies and other local partners
to coordinate services for clients.
8.1.1.3 Complete information in HMIS (Homeless Management Information
System).Ensure demographic data is entered on all persons contacted,
and all activities assisted with under this Program in accordance with the
local HMIS standards on data collection. Outreach staff must also enter
latitude and longitude to log location where individuals were contacted.
8.1.1.4 Utilize the Continuum of Care (COC) Community Adopted Best practices
as a guide for core competencies and service delivery.
8.1.1.5 Ensure activities are 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:
8.1.1.5.1 Engagement
8.1.1.5.1.1 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,
8.1.1.5.1.2 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

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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.
8.1.1.5.2 Case management
8.1.1.5.2.1 Assessing housing and service needs, and. arranging,
coordinating, and monitoring the delivery of
individualized services,
8.1.1.5.2.2Eligible 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,
8.1.1.5.2.3 These services may be provided to clients staying in
shelter via hotel or IHELP within the designated service
area,
8.1.1,5.3 Transportation
8.1.1.5.3.1 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.
8.1.1,5.4 Administration of flex funds
8.1.1.5.4.1 Flexible spending account funds must be for the
purpose of clients obtaining or retaining housing and/or
eliminate barriers in obtaining or retaining housing.
Priority given to clients currently sleeping outdoors and
not in shelter.
8.1.1.5.4.2 Flex funds can be administered with up to $2,500 per
household per year.
8.1.1.5.4.3 Expenditures can include any of the following items (any
items not on this list must receive prior approval from
Maricopa County before purchase):

8.1.1,5.4.3.1 Hotel stays

8.1.1.5.4.3.2 Personal items needed to obtain or sustain
housing (bed, silverware, clothing, etc.)

8.1.1,.5.4.3.3 Legal fees for prior legal judgements or
expunging legal judgements

8.1.1.5.4.3.4 Vehicle repairs or vehicle payments to
prevent loss of employment

8.1.1.5.4.3.6 Housing search and placement

8.1.1.5.4.3.6 Rental application fees (when charged by the
owner to all applicants)

8.1.1.5.4.3.7 Security deposits (no more than two month's

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rent)

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8.1.1.5.4.3.8 Rent for the last month of a lease agreement
8.1.1.5.4.3.9 Utility deposits (when required by utility
company for all customers)
8.1.1.5.4.3.10 Moving and storage costs for up to three
months
8.1.1.5.4.3.11 Service Eligibility
8.1.1.5.4.3.12 Other items must be approved in writing by
Maricopa County
8.1.2 Assign County Coordinator to be the primary liaison with City officials, local
designees, and the street outreach team to effectively execute the Program. The
Coordinator will:
8.1.2.1 Work with local designees to coordinate services with local emergency
services, parks and recreation, libraries, and other departments as outlined
by the City,
8.1.2.2 Act as a point of contact for the County to respond to escalated issues.
8.1.2.3 Coordinate regular case conferencing meetings to improve service delivery
of clients experiencing homelessness.
8.1.3 Provide the City with reports on a monthly basis on the 30" of the month for the
previous month of activities containing the following data metrics:
8.1.3.1 Summary of services provided:
8.1.3.1.1 Outreach
8.1.3.1.1.1 Total number of unduplicated contacts
8.1.3,1.1.2 Total number of unduplicated clients engaged in the
program
8.1.3.1.1.3 Total number of positive exits
8.1.3.1.1.4 Total number of clients that obtain receipt of outside
benefits
.1.1.5 Total number of referrals received
-1.1.6 Response time: same day, 1 day and 2 or more days
lex funds
8.1.3.1.2.1 Total number of applications received.
8.1.3.1.2.2 Total number of applications processed,
8.1.3.1.2.3 Total number of clients that obtained housing.
8.1.4 Collaborate with the City to establish a standard response time for outreach
referrals to be reported monthly,

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8.2 The City shall:
8.2.1 Work collaboratively with the County and other Subregional Partners in

implementing the effort primarily through:

8.2.1.1 Regular meetings to create strategic plans and to review progress,

8.2.1.2 Facilitate Connection to key City departments and points of contact to
further the goal of the effort.

8.2.1.3 Identification of a primary point of contact to represent the City in strategic
plans, progress, and escalated issues.

8.2.1.4 Review data and findings to identify opportunities, where possible, for
sustainability of services beyond the term of this contract.

8.2.2 Reirnburse the County for eligible expenses outlined in Section 8.0,

9.0 TERMINATION
9.1 Under A.R.S. §38-51'1, the County may cancel this Agreement without penalty or further
obligation within three years after execution of this Agreement if any person significantly
involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of
the County is, at any time while this Agreement or any extension of this Agreement is in

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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, under A.R.S § 38-511, the County 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 County from any other party
to this Agreement arising as the result of this Agreement.

9.2 Either Party may terminate this Agreement at any time by giving the other Party at least
thirty (30) calendar days prior notice in writing (unless terminated by the City under the
Availability of Funds provision). The notice shall be given by either mail or via email to the
persons listed in Section 10 (Notices) of this Agreement.

9,3 This Agreement may be terminated by mutual written agreement of the Parties specifying
the termination date therein.

9.4... The City has the right to terminate this Agreement upon twenty-four (24) hour notice when
the City determines that the health or welfare of the service recipients are endangered, or
the County’s non-compliance jeopardizes funding source financial participation. If not
terminated by one of the above methods, then this Agreement shall terminate upon the
expiration of the term stated on page one of this Agreement or expiration of any extended
term described in Section 3.3.

10.0 NOTICES
Notifications and communications concerning this Agreement shall be directed to the following:

County:

Name: TJ Reed

Title: Homeless Initiatives Assistant Director
Maricopa County Human Services Department
234 N Central Avenue, Suite 3000

Phoenix, AZ 85004

Telephone: 602-317-7056

Email: tj.reed@maricopa.gov

City of El Mirage:

Name: Robert Nilles

Title: Deputy City Manager

Address: 10000 N. El Mirage Road, El Mirage, AZ 85335
Telephone: 623-876-2955

Email: rnilles@elmirageaz.gov

11.0 EMPLOYMENT DISCLAIMER
11.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a
joint venture agreement, partnership, or other formal business association or organization
of any kind, andl the rights and obligations of the Parties shall be only those expressly set

forth in this Agreement.
11.2 The City agrees that no individual performing under this Agreement on behalf of City may
be considered a County agent, employee, or representative and that no rights of County
civil service, County retirement, or County personnel rules shall accrue or apply to any such i
individual. The City shall have total responsibility for all salaries, wages, bonuses, |
retirement, withholdings, workers' compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums

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appurtenant thereto concerning such individuals shall indemnify, defend, and hold harmless
the County with respect to the foregoing.

11.3 The County agrees that no individual performing under this Agreement on behalf of County
may be considered a City agent, employee, or representative and that no rights of City civil
service, City retirement, or City 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
City with respect to the foregoing.

SAFEGUARDING OF PARTICIPANT INFORMATION

The use or disclosure by either Party of any information concerning an applicant for, or recipient of,
service under this Agreement is directly limited to the conduct of this Agreement. The County and
any and all of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions shall safeguard the confidentiality
of this information, just as they would safeguard their own confidential information.

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 attorney and expert fees) (collectively referred to as “Claims") arising out of bodily
injury (including death) of any person, property damage, or other claims for damages but only to
the extent that such Claims, which result in vicarious/derivative liability to the Indemnitee, are
caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any and
allofits agents, representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions.

NON-LIABILITY

The County and its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions shall not be liable for any act or omission by
the City or any and all of its agents, representatives, officials, Officers, directors, employees,
volunteers, departments, agencies, boards, or commissions occurring in the performance of this
Agreement, nor shall the County and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, and commissions be liable for purchases
or contracts made by the City or any and all of its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, or commissions in connection
with this Agreement.

The City and its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions shall not be liable for any act or omission by
the City or any and all of its agents, representatives, Officials, officers, directors, employees,
volunteers, departments, agencies, boards, or commissions occurring in the performance of this
Agreement, nor shall the County and its agents, representatives, officials, Officers, directors,
employees, volunteers, departments, agencies, boards, and commissions be liable for purchases
or contracts made by the City or any and all of its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, or commissions in connection
with this Agreement,

GENERAL LIABILITY INSURANCE EXCEPTION

The County is a public entity and shall provide to the City a Certificate of Self-Insurance equal to:
General Aggregate $2,000,000
Each Occurrence Limit $1,000,000

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16.0 COMPLIANCE WITH APPLICABLE LAWS
16.1. Each Party shall comply with all applicable laws, ordinances, resolutions, executive
orders, rules, regulations, standards, and codes of the federal, state, and local
governments whether specifically referenced in this Agreement in performance and/or
administration of this Agreement only. Specifically, the following apply:

16.1.1 Unless exempt under federal law, the 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
(Executive Order 2009-09 superseded Executive Order 99-4 and amended
Executive Order 75-5), which mandates that all persons, regardless of race, color,
religion, sex, age, national origin, or political affiliation, shall have equal access to
employment opportunities. The 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. The Parties shall comply with the
requirements of the Fair Labor Standards Act of 1938, as amended.

16.1.2 The Parties shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
the denial of benefits of, or participation in, contract services on the basis of race,
color, or national origin. The 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 contract services; and with Title Il 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
contract programs, services, and activities.

16.1.3 The Parties shall not discriminate upon the basis of race, color, creed, religion,
ancestry, national origin, sex, gender, sexual orientation, gender identity, disability,
age, marital status, or status with regard to the benefits of, or participation in, or
use of the programs, services, and activities.

16.1.4 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges that: .

16.1.4.1. The Parties and their 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.

16.1.4.2 A breach of a warranty under this Section 17.1.4 shall be deemed a
material breach of this Agreement that is subject to penalties up to and
including termination of this Agreement; and

16.1.4.3 The Parties retain the legal right to inspect the papers of any contractor
or (sub)contractor or vendor employee who works on this Agreement
to ensure that the Parties are complying with the warranty provided
under subsections listed above and that the Parties agree to make all
papers and employment records of said employee(s) available during
normal working hours in order to facilitate such an inspection.

17.0 RIGHTS/OBLIGATIONS OF PARTIES ONLY
The terms of this Agreement are intended only to define the respective rights and obligations of
the Parties. Nothing in this Agreement shall create any rights or duties in favor of any potential
third-party beneficiary or other person, agency, or organization. Nothing in this Agreement shall
affect the legal liabilities of either Party by imposing any standard of care different from the
standard of care imposed by law.

18.0 WAIVER OF TERMS, CONDITIONS, AND DEFENSES

The failure of either Party to insist in any one or more instances on performance of any of the
terms and conditions of, or to exercise any rights or privileges contained in, this Agreement shall

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not be considered as waiving such terms, conditions, rights, or privileges, and they shall remain
in full force and effect. Nothing in this Agreement shall be construed as consent to any lawsuits
or waiver of any defenses in a lawsuit brought against the County in any state or federal court.

ENTIRE AGREEMENT
This Agreement contains the entire understanding of the Parties. There are no representations or
other provisions besides those contained in either this Agreement or in any written amendments

approved and signed by both Parties,

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.

SEVERABILITY
The Parties agree that should any part of this Agreement be held invalid or void, the remainder of
this Agreement shall remain in full force and effect and shall be binding on the Parties.

CHOICE OF LAW; VENUE

This Agreement shall be construed in accordance with and governed by the laws of the State of
Arizona. The proper venue for any proceedings relating to this Agreement shall be Maricopa
County, Arizona.

AUTHORIZATION

Each Party warrants to the other Party that the appropriate governing body of the Party has
authorized approval and signature of this Agreement,

[Signatures are contained on following page]

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FOR A) OE. a "CB

C-22-24-049-X-00
IN WITNESS, the Parties have approved and signed this Agreement:

FOR MARICOPA COUNDY:
NL fee vec 28 2024

ware Date

Mayor

tested to: {
my, perpen tlod ede

Attested to:

City Clerk Date

IN ACCORDANCE WITH A.R.S, §§ 9-240 AND
11-952, .THIS AGREEMENT HAS BEEN
REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE CITY OF EL MIRAGE
UNDER THE LAWS OF THE STATE OF
ARIZONA.

Appeal as.toform:

he’. oy sao

Date

Clint Hickman, Chairman,
Maricopa County Board of Supervisors

ita Garza, our S Date

erk of the Board

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:

(2127123

Date

/ ai jena ar /]

City of El Mirage

Deputy County Attorney Date

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