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INTERGOVERNMENTAL AGREEMENT
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INTERGOVERNMENTAL AGREEMENT
FOR SERVICES RELATED TO THE
VETERAN AFFAIRS SUPPORTIVE HOUSING PROGRAM
BETWEEN THE HOUSING AUTHORITY OF MARICOPA COUNTY
AND GLENDALE HOUSING AUTHORITY
This Intergovernmental Agreement (“Agreement”) is entered into this ____ day of
_________________, 2021, between the Housing Authority of Maricopa County (“HAMC”) whose
principal place of business is located at 8910 N 78th Avenue, Building D, Peoria, Arizona, 85345 and
Glendale Housing Authority (“GHA”), a municipal corporation whose principal place of business is
located at 6842 N. 61st Ave. Glendale, AZ 85301. The Parties to this Agreement may be referred to
collectively as the “parties” and individually as a “party”.
RECITALS
WHEREAS, HAMC administers the U.S. Department of Housing and Urban Development
(“HUD”) Veteran Affairs Supportive Housing (“VASH”) program which combines Housing Choice
Voucher (“HCV”) rental assistance for homeless veterans and their families with case management and
clinical services provided by the Department of Veteran Affairs Medical Center (“VAMC”) and clinics,
the housing vouchers are referred to herein as a “HVV” or “HVVs”, where appropriate;
WHEREAS, on occasion VASH program participants may desire to lease housing outside the
jurisdiction of their respective public housing authority.
WHEREAS, representatives of HAMC and GHA believe it would be mutually beneficial to their
programs and participants to accommodate participant requests to lease outside the jurisdiction of the
public housing authority; and
WHEREAS, pursuant to Arizona Revised Statutes (“A.R.S”) Section 11-952, the parties are
empowered to enter into agreements to contract for services or jointly exercise any powers common to the
contracting parties and may enter into agreements with one another for joint or cooperative action or, to
contract for or perform some or all of the services specified in the contract or agreement or exercise those
powers jointly held by the contracting parties.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and promises
contained in this Agreement agree to the below Terms & Conditions.
TERMS & CONDITIONS
1.
PURPOSE
a. The purpose of this Agreement is to allow HAMC to administer HVVs for three
participants that are already residing in the city of Glendale (voucher numbers t0004368,
t0007288, t0004354); and, to allow HAMC to administer HVVs for participants wishing
to reside in GHA’s jurisdiction in the future.
b. Nothing in this Agreement prohibits GHA from applying for HVVs in the future and, if
awarded, GHA would have the option to absorb any HAMC HVV where participants are
already residing in GHA’s jurisdiction at that time by providing 120 days’ notice prior to
participants’ next annual recertification.
INTERGOVERNMENTAL AGREEMENT
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2.
COMPENSATION
There will be no compensation for any services described in this Agreement.
3.
TERM
The term of this Agreement shall be retroactive to the date the first HVV holder began residing in
GHA’s jurisdiction, September 1, 2020 and will remain in effect for an initial term of four (4)
years, expiring on September 1, 2024.
4.
OBLIGATIONS OF THE HAMC
a.
HAMC will perform all VASH contract administration duties associated with its VASH
program requirements.
b.
For those Participants who would normally exercise the portability feature of a HVV if
they desired to live within the public housing authority jurisdiction of GHA, HAMC will
administer the HVV while the Participant lives outside of the HAMC jurisdiction, but
within the public housing authority jurisdiction of GHA.
c.
Duties shall include those duties within the normal course and scope of HAMC’s VASH
program which include, but are not limited to, conducting Housing Quality Standard
inspections (“HQS Inspection”), contracting with owners of the properties where
Participants will lease property, and notifying GHA in writing within 30 days of entering
into a Housing Assistance Payment (HAP) Contract with any landlord in GHA’s
jurisdiction, such notice to include the annual recertification dates.
d.
Any Participants residing in the public housing authority jurisdiction of the GHA shall be
permitted to continue to live in the GHA jurisdiction under the terms of this Agreement
or until the Participant’s next annual recertification at which time if the GHA elects to
administer, the GHA will provide HAMC 120 days notices prior to Participant’s next
annual recertifications.
e.
During the term of this Agreement, HAMC may convert a HVV to a regular HCV with
acknowledgment from VAMC that case management is no longer needed, at which point,
the HCV voucher will be treated as a port-in and GHA will administer the HCV voucher.
5.
OBLIGATIONS OF THE GHA
The GHA will allow Participants to reside in the public housing authority jurisdiction of the GHA
without interference in HAMC’s VASH program or with Participants’ receipt of services. GHA
will have no power or obligation related to HAMC’s VASH program. It is the understanding of
the parties that the HAMC VASH program will be under the sole authority and responsibility of
HAMC, and GHA has no other obligations.
INTERGOVERNMENTAL AGREEMENT
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6.
TERMINATION FOR CONVENIENCE
During the term of this Agreement, either party may terminate this Agreement upon 120 days’
prior written notice (the “Notice of Termination”). The Notice of Termination shall specify the
date upon which such termination becomes effective.
7. ASSIGNMENT
Neither party shall assign this Agreement, in whole or in part, any attempted assignment will be
null and void.
8. INDEMNIFICATION
HAMC and GHA shall indemnify, defend, save and hold harmless the other party and its
officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and
against any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter
referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage
to tangible or intangible property caused, in whole or in part, by the negligent or willful acts or
omissions of each party or any of its owners, officers, directors, agents, employees or
subcontractors.
9. INDEPENDENT CONTRACTOR STATUS
The relationship of the parties is that of independent contractors. Accordingly, the employee of
each party is not entitled to any benefits provided to employees of the other party including, but
not limited to, health benefits, enrollment in a retirement system, paid time off or other rights
afforded the other party’s employees. If any employees or subcontractors of a party assert a
claim for wages or other employment benefits against the other party, the party’s employees or
subcontractors who asserted the claim will defend, indemnify and hold harmless the other party
from all such claims.
10. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions
shall continue valid and enforceable to the full extent permitted by law. Any changes in the
governing laws, rules and regulations during the term of this Agreement shall apply, but do not
require an amendment to the Agreement.
11. SURVIVING PROVISIONS
All provisions which, by the terms of reasonable interpretation, set forth rights and obligations
that extend beyond termination of this Agreement will survive and remain in full force and
effect. Termination of the Agreement will not release any party from any liability or obligation
arising prior to the date of termination.
12. INTERPRETATION
No provision of this Agreement is to be interpreted for or against either party because that party
or that party’s legal representative drafted such provision, but this Agreement is to be construed
as if drafted by all parties hereto.
INTERGOVERNMENTAL AGREEMENT
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13. COMPLIANCE WITH LAWS
HAMC and GHA shall comply with all federal, state and local laws, rules, regulations,
standards, and executive orders, applicable to this Agreement and HUD-VASH including, but
limited to, those specifically set forth in this Section. The laws and regulations of the State of
Arizona shall govern the rights of the parties’ performance of this Agreement and any dispute
hereunder. Any action relating to this Agreement shall be commenced and maintained in a court
of competent jurisdiction in Maricopa County, Arizona.
A.
This Agreement is subject to cancellation by either party pursuant to A.R.S. § 38-511.
B.
This Agreement is subject to the conflict of interest requirements set forth in A.R.S. §
38-504.
C.
Notice PIH 2011-53 Porting and portibility of HUD-VASH Programs also applies.
D.
To the extent provisions of A.R.S. § 41-4401 are applicable to this Agreement:
1.
Each party warrants it is in compliance with A.R.S. § 23-214(A).
2.
Each contractor and subcontractor shall warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214(A). The provisions of this Subsection C must
be included in any contract either party enters into with any and all of its
contractors or subcontractors who provide services under this Agreement.
3.
A breach of a warranty hereunder shall be deemed a material breach of the
Agreement that is subject to penalties up to and including termination of the
Agreement.
14. RIGHT TO INSPECT
Each party retains the legal right to inspect the papers of any contractor or subcontractor
employee who works on the contract to ensure that the contractor or subcontractor is complying
with the warranty in 13 Subsection D.
15. PROVISIONS REQUIRED BY LAW
Any provision required by law to be in this Agreement is part of this Agreement as if fully stated
herein.
16. WAIVER
No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of
any provision shall not be deemed to be a waiver of any breach of the same or any other
provision hereof.
17. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements between parties, constitutes the entire
understanding and agreement of the parties.
INTERGOVERNMENTAL AGREEMENT
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18. EXCULPATORY LANGUAGE
GHA acknowledges that this Agreement imposes no contractual obligations upon Maricopa
County; in the event of a default under this Agreement, of any kind or nature whatsoever, GHA
shall look solely to HAMC for remedy or relief; and neither Maricopa County nor any
Supervisor, elected official, officer, agent, or employee of Maricopa County shall be liable to
GHA or any successor in interest to GHA in any way.
19. NOTICE. All notices, demands or other communications to a party relating to this
Agreement shall be in writing and shall be considered to have been duly given if: (i)
delivered to the part at the address set forth below; (ii) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below; (iii)
given by a recognized and reputable overnight delivery service, to the address set forth
below; or (iv) delivered by e-mail to the address set forth below:
HAMC:
Gloria Munoz, Executive Director
Housing Authority of Maricopa County
8910 North 78th Avenue, Building D
Peoria, Arizona 85345
E-mail: g.munoz@mariocpahousing.gov
With copy to:
Travys Harvey, Esq.
Harvey Law PLLC
7702 E. Doubletree Ranch Road, Suite 300
Scottsdale, Arizona 85258
E-mail: tharvey@harvey.legal
GHA:
Donald Paredez, Housing Administrator
Glendale Housing Authority
6842 N. 61st Avenue
Glendale, AZ 85301
E-mail: dparedez@glendaleaz.com
With copy to:
Michael D. Bailey, City Attorney
City of Glendale
5850 W. Glendale Avenue
Glendale, AZ 85301
E-mail: mbailey@glendaleaz.com
INTERGOVERNMENTAL AGREEMENT
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or such other address, and to the attention of such other person or officer, as a party may
designate in writing by notice given in accordance with this subsection. Notices shall be
deemed received (i) when delivered to a party; (ii) three business days after being placed in
the U.S. Mail, properly addressed, with sufficient postage; (iii) the following business day
after being given to a recognized overnight delivery service, with the person giving the notice
paying all required charges and instructing the delivery service to deliver on the following
business day, or (iv) when received by e-mail during the normal business hours of the
recipient (before 5:00 p.m. Arizona time) or, if received outside the recipient's normal
business hours, the following business day of the recipient. If a copy of the notice, demand,
or other communication also is given to a party's counsel or other recipient, the above
provisions governing the date on which the notice, demand, or other communication is
received shall mean and refer to the date on which the party, and not its counsel or other
recipient to which a copy of the notice, demand, or other communication may be sent, is
deemed to have received the notice.
INTERGOVERNMENTAL AGREEMENT
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IN WITNESS WHEREOF, this Intergovernmental Agreement is hereby agreed to by the parties. The
parties and their representatives signing this Agreement are duly authorized agents of the parties and have
full authority to enter into this Agreement on behalf of the parties. This Agreement will be in full force
and effect only after it has been approved and executed by the duly authorized party representatives.
Housing Authority of Maricopa County
City of Glendale, Glendale Housing Authority
(Referred to as HAMC in this Agreement)
(Referred to as GHA in this Agreement)
By: _____________________________
By: ______________________________
Kevin R. Phelps
Title: _____________________________
Title: City Manager__________________
Date: ____________________________
Date: _____________________________
Attested By: _________________________
Attested By: _________________________
Clerk of the Board
Julie K. Bower, City Clerk
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with the requirements of Arizona Revised Statutes § 11-952(D), each of the undersigned
attorneys acknowledge: (1) that they have reviewed the above Agreement on behalf of their respective
clients; and (2) that, as to their respective clients only, each attorney has determined that this Agreement
is in proper form and is within the powers and authority granted under the laws of the State of Arizona.
_________________________________
________________________________
Attorney for Housing Authority of Maricopa County
Michael, D. Bailey, City Attorney
Date: ___________________
Date: ___________________