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Page 1 of 9 City of Glendale IGA INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE CITY OF GLENDALE County Contract #: C-22-20-062-3-00 Agreement Amount: $339,943 Agreement Start Date: July 1, 2020 Agreement Termination Date: December 31, 2020 1.0 PARTIES This financial Intergovernmental Agreement (“Agreement”) is between the City of Glendale (“City”) and Maricopa County (County) administered by its Human Services Department, Community Services Division (“Department”), and pertains to financial assistance to residents of the City of Glendale. The County and the Subrecipient collectively are referred to as the “Parties” and individually as the “Party.” 2.0 PURPOSE 2.1 The County shall provide the City with Coronavirus Relief Funds from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). 2.1.1 The City shall provide Short-Term Case Management and Rent/Mortgage Financial Assistance Services (“Services”) to income-eligible households who are unable to meet their basic housing needs with their own income or resources and are experiencing an economic hardship as a result of the COVID-19 pandemic. 2.1.2 The City shall provide services to residents of the City of Glendale and geographic service area. Services are to assist with stabilization of the households’ immediate basic needs. 3.0 TERM OF AGREEMENT 3.1 The term of this Agreement is from July 1, 2020, through December 31, 2020. 3.2 This Agreement may be extended for one (1) six-month term, provided the City is in compliance with the terms and conditions of this Agreement and the extension is contained in an Amendment as provided in Section 4.0 below. 3.3 This Agreement shall be effective upon approval and signature by both Parties. 4.0 AMENDMENTS Any changes to this Agreement shall be effected only in a written amendment signed by both Parties. 5.0 FUNDING 5.1 The County shall make available to the City $339,943 in funding to reimburse the City for delivering the Services listed in Section 7.0 below to eligible residents. Funds may be used by the City for the following activities (“Administration”). 5.2 The County shall reimburse the City for the actual cost of providing all Services, supplies, and staffing as provided in this Agreement without any mark-up or contingency. 6.0 AVAILABILITY OF FUNDS 6.1 This Agreement and the Parties’ obligations under it shall become effective when funds assigned for the purpose of compensating the City are available to the County for Page 2 of 9 City of Glendale IGA disbursement. The County shall be the sole authority in determining the availability of funds under this Agreement, and the County shall keep the City fully informed as to the availability of funds. 6.2 If any action is taken by any federal, state, local agency, or any other agency or instrumentality other than the Parties to amend, suspend, or terminate its fiscal obligation under or provided in connection with this Agreement, then the Parties may amend, suspend, or terminate this Agreement. In the event of termination, the Parties shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services were performed in accordance with the provisions of this Agreement. The Parties shall give written notice of their intent to suspension performance or intent to terminate this Agreement under this section at least ten (10) calendar days in advance. 7.0 RESPONSIBILITIES OF ORGANIZATIONS 7.1 The City shall: 7.1.1 Process applications for Financial Assistance Services to include: 7.1.1.1 Emergency Rental Assistance for a maximum of three (3) consecutive months, not to exceed a total payment amount of $4,500. 7.1.1.1.1 Rental assistance may include utility payment when utilities are included in rent. 7.1.1.2 Emergency Mortgage assistance for a maximum of three (3) consecutive months, not to exceed a total payment amount of $4,500. 7.1.2 Service Requirements 7.1.2.1 The City shall adhere to the following service requirements: 7.1.2.1.1 Determine eligibility for individuals/families applying for Financial Assistance Services in accordance with the Maricopa County Community Services Policy & Procedure Manual; 7.1.2.1.2 Utilize the Department’s HSD Online, a web-based case management database, to record all services (financial and non- financial) provided to individuals / households; and 7.1.2.1.3 Maintain client files and confidential information, whether paper- based or electronic, in a secure manner. 7.1.3 Program Standards/Guidelines 7.1.3.1 The City shall: 7.1.3.1.1 Ensure staff and volunteers do not provide direct services to clients until all appropriate Background Checks and Fingerprint clearances have been completed with satisfactory results and ensure that procedures are in place if the results are unsatisfactory; 7.1.3.1.2 Provide staff and volunteers with supervision, training, equipment, materials, and supplies necessary to perform contracted services; 7.1.3.1.3 Provide training to all new employees providing services under this Agreement. Training shall include an overview of the Maricopa County Community Services Policy and Procedures Manual, and HSD Online; 7.1.3.1.4 Maintain documentation that verifies case management staff have received relevant training and provide documentation of such training upon request to MCHSD; 7.1.3.1.5 Maintain documentation that key staff have either received appropriate training or hold appropriate certification/licensure in accordance with their roles, responsibilities, and job descriptions; Page 3 of 9 City of Glendale IGA 7.1.3.1.6 Ensure that staff and volunteers do not have any conflicts of interest in the provision of services and management of programs; and 7.1.3.1.7 Reimburse the County for authorized payments that do not meet the service requirements, program standards, or program guidelines. 7.2 Procedures for Rent/Mortgage Financial Services 7.2.1 The City shall employ procedures for intake and processing to deliver Short-Term Case Management and Rent/Mortgage Financial Assistance Services that are responsive to the needs of households in crisis. 7.2.1.1 Procedures must ensure priority service for households in imminent danger of eviction or foreclosure. 7.2.1.2 Other Vulnerable Populations as defined by City policy (if applicable) must also be prioritized for Services. 7.2.2 Intake and scheduling procedures shall allow for multiple methods to apply for services, including the following: 7.2.2.1 Scheduling appointments for individuals that are homebound; and 7.2.2.2 Accepting applications for individuals that walk-in without an appointment; 7.2.2.3 The City shall document each client’s crisis reasons, basic needs, services requested, and services provided in HSD Online. 7.2.3 The City shall obtain all hard copy or electronic documents needed to verify client eligibility for assistance and document such eligibility in the client’s case file. 7.3 Grievance Procedure 7.3.1 The City shall establish a system through which program applicants or clients may file complaints or grievances regarding any work completed under the Agreement or may appeal an eligibility decision made by the City. 7.3.2 The grievance and appeals procedure shall include provisions for notifying the program applicants and clients of their eligibility or ineligibility for service and their right to appeal to the MCHSD if an appeal or grievance is not satisfied at the City’s level. 7.4 Personnel 7.4.1 MCHSD reserves the right to immediately remove access to any data/reporting systems if it is determined that any of the City’s personnel is a risk to the County’s operations including, but not limited to, for the following reasons: 7.4.1.1 Approving clients for services for which they are not eligible; 7.4.1.2 Denying eligible clients services; and 7.4.1.3 Accessing the HSD Online for any purpose other than areas of responsibility. 7.5 The County shall: 7.5.1 Make available to the City the opportunity to participate in any applicable training activities conducted by the County. 7.5.2 Provide access to HSD Online, a minimum of one (1) web-based or pre-recorded training session, system manual or instructions, and technical support for City staff. 7.5.3 Provide reimbursement to the City for service activities not to exceed $339,943. 7.5.4 Retain emergency rental and mortgage assistance funds through HSD Online. 7.5.5 Responsible for review and authorization of emergency rental and mortgage assistance payments approved by the City in HSD Online. 7.5.6 Directly issue approved emergency rental and mortgage assistance payments processed by the City to the authorized landlord and mortgage companies. Page 4 of 9 City of Glendale IGA 8.0 REIMBURSMENT 8.1 The City shall be paid on a reimbursement basis for allowable costs incurred not to exceed the Agreement amount, as stated in Section 5.1. The City shall furnish the MCHSD with an accounting of actual costs. 8.2 The City shall submit a monthly invoice by the 10th day of the month. 8.3 The County shall reimburse the City for all allowable costs associated with the performance of work and the provision of Services under this Agreement; 8.4 Should the County discover a disallowance in the invoice: 8.4.1 City shall be notified and given the opportunity to submit a revised invoice; or 8.4.2 The invoice will be processed for payment without reimbursement for the disallowed costs. 9.0 INVOICES 9.1 The City shall submit invoices for Services and for costs incurred to hsdfinance@maricopa.gov. 10.0 FINAL REIMBURSEMENT UPON CONTRACT TERMINATION 10.1 Upon termination or expiration of this Agreement, the City shall submit the final reimbursement request. 10.1.1 This request shall be submitted no later than 30 calendar days after the Termination or Expiration Date or upon the submission of the final progress report, and any other required reports that may be applicable shall be submitted with the final reimbursement request 11.0 TERMINATION 11.1 Under A.R.S. §38-511, the Parties 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 a Party is, at any time while this Agreement or any extension of this 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, 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. 11.2 Except as provided in Section 6.2 above, 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 either mail or via email to the persons listed in Section 12 (Notices) of this Agreement. 11.3 This Agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein as provided in Section 4 (Amendment) above. 11.4 A Party has the right to terminate this Agreement upon twenty-four (24) hour notice when it determines that the health or welfare of the service recipients are endangered, or when the other Party’s non-compliance jeopardizes a funding source’s financial participation. Page 5 of 9 City of Glendale IGA 12.0 NOTICES Notifications and communications concerning this Agreement shall be directed to the following: City Representative: Ismael Cantu Phone: (623) 930-2846 Title: Community Action Program Administrator Email: icantu@glendaleaz.com Address: 5850 W. Glendale Avenue Glendale, AZ 85301 Maricopa County Representative: Sandra Mendez Phone: (602) 506-2316 Title: Assistant Director Email: Sandra.Mendez@Maricopa.gov Address: 234 North Central Avenue 3rd Floor Phoenix, Arizona 85004 13.0 EMPLOYMENT DISCLAIMER 13.1 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. 13.2 The City agrees that no individual performing under this Agreement on behalf of the 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 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 appurtenant thereto concerning such individuals shall indemnify, defend and hold harmless the County with respect to the foregoing. 13.3 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. 14.0 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 City 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. 15.0 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 attorney and expert fees) (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 are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions. Page 6 of 9 City of Glendale IGA 16.0 LIMITATION ON LIABILITY 16.1 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. 16.2 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 County 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 City and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions be liable for purchases or contracts made by the County or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, or commissions in connection with this Agreement. 17.0 GENERAL LIABILITY INSURANCE EXCEPTION Each Party is a public entity. For such reason, insurance policy requirements shall not apply. Instead, each Party shall provide the other Party a Certificate of Self- Insurance equal to: General Aggregate $3,000,000 Each Occurrence Limit $1,000,000 18.0 COMPLIANCE WITH APPLICABLE LAWS 18.1 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. Such laws shall include, but are not limited to: 18.1.1 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 No. 2009-09 superseded Executive Order No. 99-4 and amended Executive Order No. 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. 18.1.2 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 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 contract programs, services, and activities. Page 7 of 9 City of Glendale IGA 18.1.3 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. 18.1.4 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges that: 18.1.4.1 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; 18.1.4.2 A breach of a warranty under this Section 18.1.4 shall be deemed a material breach of this Agreement that is subject to penalties up to and including termination of this Agreement; 18.1.4.3 The Party retains 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 the above subsections, and 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; 18.1.4.4 That nothing in this Agreement shall make the City or its agents employees of the County. 19.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION The City certifies to the best of its knowledge and belief that it and its directors, officers, officials, agents, representatives, employees, and volunteers administering the Services to be provided under this Agreement: 19.1 Are not presently debarred, suspended, proposed for debarment, or declared ineligible or voluntarily excluded from covered transactions by any federal department or agency. 19.2 Have not, within the three-year period prior to the Effective Date of this Agreement, 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; 19.3 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 19.4 Have not, within the three-year period prior to the Effective Date of this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. 20.0 FEDERAL IMMIGRATION AND NATIONALITY ACT 20.1 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. 20.2 By entering into this Agreement, the 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. The Parties shall obtain statements from their (sub)contractors certifying compliance and shall furnish the statements to the other Party upon request. These warranties shall remain in effect through the term of this Agreement. The Parties and their (sub)contractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department Page 8 of 9 City of Glendale IGA 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. 20.3 The Parties may request verification of compliance for any employee or (sub)contractor performing work under this Agreement. Should either Party suspect or find that the other Party or any of its (sub)contractors are not in compliance, then the Party may pursue all remedies allowed by law, including, but not limited to: suspension of work, termination of this Agreement for default, and suspension or debarment of the other Party. All costs necessary to verify compliance are the responsibility of the requesting Party. 21.0 ASSIGNABILITY AND SUBCONTRACTING No rights, liabilities, obligations, or duties under this Agreement may be assigned, delegated, or subcontracted, in whole or part, without the prior written approval of the County. The City shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the County approves the assignment, delegation, or subcontract or agrees otherwise. 22.0 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. 23.0 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 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. 24.0 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. 25.0 SEVERABILITY The Parties agrees 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. 26.0 EXECUTION OF AGREEMENT/COUNTERPARTS This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall form a single instrument. 27.0 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. 28.0 AUTHORIZATION Each Party warrants to the other Party that the appropriate governing body of the Party has authorized approval and signature of this Agreement. Page 9 of 9 City of Glendale IGA IN WITNESS, the Parties have approved and signed this Agreement: FOR CITY OF GLENDALE: ___________________________________ Mayor Date FOR MARICOPA COUNTY: ______________________________________ Chairman, Board of Supervisors Date Attested to: ____________________________________ City Clerk Date Attested to: ______________________________________ Fran McCarroll, Clerk of the Board 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 GLENDALE UNDER THE LAWS OF THE STATE OF ARIZONA. Approved as to form: By: _____________________________________ City Attorney Date 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: By: _________________________________________ Deputy County Attorney Date