CITY OF EL MIRAGE HAND IN HAND.PDF

Maricopa County — Formal (2023-12-06)

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City of El Mirage  
Page 1 of 9 
 
 
 
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND 
CITY OF El MIRAGE 
 
County Contract #:____________________ 
City Contract #:_______________________ 
Agreement Amount: $15,000  
Agreement Start Date: January 1, 2024 
Agreement Termination Date: June 30, 2024 
 
1.0 
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.” 
 
2.0 
PURPOSE 
2.1 
The purpose of this Agreement is to establish a collaboration between the Parties focused 
on a strategy to reduce homelessness in the west valley communities, including the Agua 
Fria Wash, through the County’s “Hand in Hand” Program (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. 
 
3.0 
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.

City of El Mirage  
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4.0 
AMENDMENTS 
Any changes to this Agreement shall be by written amendment signed by both Parties.  
 
5.0 
FUNDING 
The City shall provide the County with $15,000 for the Agreement term. Payments shall not 
exceed $2,500 per month.  
 
6.0 
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). 
 
7.0 
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. 
 
8.0 
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

City of El Mirage  
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connecting and providing information and referrals to 
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.  
8.1.1.5.2.2 Eligible 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 
8.1.1.5.4.3.5 Housing search and placement 
8.1.1.5.4.3.6 Rental application fees (when charged by the 
owner to all applicants)

City of El Mirage  
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8.1.1.5.4.3.7 Security deposits (no more than two month’s 
rent) 
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 30th 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 
8.1.3.1.1.5 Total number of referrals received 
8.1.3.1.1.6 Response time: same day, 1 day and 2 or more days 
8.1.3.1.2 Flex 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. 
 
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 Reimburse the County for eligible expenses outlined in Section 8.0. 
 
9.0 
TERMINATION  
9.1 
Under A.R.S. §38-511, the County may cancel this Agreement without penalty or further 
obligation within three years after execution of this Agreement if any person significantly

City of El Mirage  
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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 
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, and 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 
individual. The City shall have total responsibility for all salaries, wages, bonuses, 
retirement, withholdings, workers’ compensation, occupational disease compensation,

City of El Mirage  
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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. 
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. 
 
12.0 
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 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.  
 
13.0 
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, 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 
all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, 
agencies, boards, committees, and commissions. 
 
14.0 
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. 
 
15.0 
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

City of El Mirage  
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Each Occurrence Limit 
$1,000,000  
 
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 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. 
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

City of El Mirage  
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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. 
 
19.0 
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. 
 
20.0 
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. 
 
21.0 
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. 
 
22.0 
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. 
 
23.0 
AUTHORIZATION 
Each Party warrants to the other Party that the appropriate governing body of the Party has 
authorized approval and signature of this Agreement. 
 
 
[Signatures are contained on following page]

City of El Mirage  
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IN WITNESS, the Parties have approved and signed this Agreement: 
 
FOR CITY OF EL MIRAGE: 
 
 
Alexis Hermosillo,                                   Date 
Mayor 
FOR MARICOPA COUNTY: 
 
 
Clint Hickman, Chairman,                             Date 
Maricopa County Board of Supervisors 
 
 
Attested to: 
 
City Clerk                                               Date 
Attested to: 
Juanita Garza,                                              Date 
Clerk of the Board
 
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. 
 
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