REVOCABLE LICENSE AGREEMENT P-50360 - MESA LIBRARY.PDF

P-50360
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REVOCABLE LICENSE AGREEMENT FOR THE USE OF THE MESA LIBRARY
BETWEEN CITY OF MESA AND MARICOPA COUNTY
This Revocable License Agreement (“Agreement”) is made between the City of Mesa, an Arizona
municipal corporation in the County of Maricopa and State of Arizona (“City” or “Owner”), and
Maricopa County, a political subdivision of the State of Arizona with an address of 301 W. Jefferson
St., 10th Floor, Phoenix, AZ, 85003, (“User”) (collectively the “Parties” or individually a “Party”).
1. Term and Termination. The term of this Agreement shall commence upon execution of the
Agreement by both Parties and expire on June 30th, 2022. Either Owner or User may elect to
terminate this Agreement for any reason or no reason, and such Party shall provide a sixty (60)
calendar day written notice to the other. The Parties may extend the term of the Agreement by
written mutual consent.
2. Grant of License. City grants to User a non-exclusive license to use the Premises referenced
herein during operational hours and as defined in Attachment A- Addendum to the Revocable
License Agreement, attached hereto and by this reference made a part hereof.
3. Premises and Use Hour. The City hereby allows User use of 3,190 square feet of office space
located in basement level of Mesa Library (“Premises” or “Workspace”), as depicted in Exhibit
A, attached hereto and by this reference made a part hereof, that is located within the Mesa
Library located at 64 East 1st Street Mesa, Arizona 85201 (“Property”). Any reference to space
outside of the Premises will be identified as such.
The Premises hours are Monday – Friday, from 8:00 am – 5:00 pm. Access outside of these
hours requires prior approval, and must fall within the Mesa Library regular operating hours
(Monday – Thursday 8:00 am - 8:00 pm; Fridays and Saturdays 8:00 am - 5:00 pm, except on
observed City of Mesa holidays as referenced in Attachment A.
The Premises shall be used pursuant to the terms and conditions of this Agreement.
Any change in the agreed upon schedule must be requested in writing and in advance by User
prior to change. Owner will evaluate each request on a case by case basis, taking into
consideration the days, hours, space available, and operational needs of the City.
Additional workspace may be reserved by the User upon prior written request to Mesa Library
Branch Coordinator.
User acknowledges and agrees that City reserves the right to modify the Premises based on
operational needs.
4. Purposes. The Premises are for the sole use of User and User’s employees or staff including
volunteers and shall be used for the purposes of providing services to the community, as
described in this Agreement and as detailed in the Attachment B Scope of Work and
incorporated herein by reference (“Services”). User acknowledges and agrees that the
Premises shall not be used for any other purpose without the prior written consent of the Library
Director or designee.
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5. Operational Provisions. The Parties agree as follows:
A. User agrees to abide by the “Agency Exceptions” outlined in Attachment A.
B. User will provide furniture for the Workspace.
C. Workspace will be visited often by the public; User agrees to keep designated
Workspace clean and free of clutter.
D. User will maintain signs in the lobby area of Library on the first floor at the top of the
steps and in the basement vestibule area at base of steps identifying ARIZONA @
WORK Resource Center.
E. User shall supply their own equipment, materials and supplies as referenced in
Attachment A including WIFI hotspot connection(s) for County Employees or staff
including volunteers and participants use.
F. All staff, City and User, will be responsible for keeping the shared areas clean and neat.
If User utilizes any additional shared workspace(s), User shall ensure workspaces are
clean, neat and uncluttered.
G. User understands that it is their responsibility to remove or secure any User personal
property, work property or equipment or any and other important items at the end of
each workday. The City, City employees, agents, assignees, or subcontractors of the
City, or City employees working within the Library shall not be liable or responsible for
theft, loss or stolen or misplaced personal property, work property, or work equipment
or other items but only to the extent that such losses are not caused by the act, omission,
negligence, misconduct or other fault of the City, City employees, agents, assignees, or
subcontractors of the City, or City employees working within the Library.
H. City conducts periodic fire inspections at the Mesa Library and the Premises. If User’s
workspace is found to have a Fire Code violation caused by User, User agrees to correct
said violations, at its sole cost, if any, immediately to maintain compliance with the Fire
Code and provide written proof of repair to the Mesa Library Branch Coordinator within
three (3) days. See paragraph 10 for Indemnification.
I. User acknowledges and agrees that excessive absences or failure of User to occupy or
use the Workspace for any extended period of time, may result in termination of this
Agreement at the discretion of the Library Director or designee unless otherwise agreed
in writing by the Parties.
J. User agrees to identify services which will be offered by the City at the Premises and
will recognize the City in their outreach material and on their website by displaying the
City seal or naming the City as an ARIZONA @ WORK – Maricopa County partner
through the location’s reference of the center name and location.
6. Background Screening Policy. Written confirmation of a background check shall be provided
to the Library Branch Coordinator within ten (10) days of execution of this Agreement. Any
change in the background status of User’s employees or staff including volunteers working at
or on the Premises within the year shall be reported forthwith in writing to the Library Branch
Coordinator. The Library Director or designee shall have sole discretion to determine whether
the User employees or staff including volunteers shall remain in or on the Premises
7. Buildings and Improvements. User shall not make any temporary or permanent changes,
alterations or improvements to the Mesa Library or the Premises without written approval of
Library Director or designee.
Prior to making any improvements to the Premises, User shall submit a written request to the
Library Director or designee which shall include all construction plans for the proposed
improvement. The Library Director or designee may approve or deny the request at her sole
discretion. If the request for improvement is approved, any work performed in and around the
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Premises shall be done and maintained in a good workmanlike manner and in compliance with
all laws, codes, rules, regulations, and orders of all governmental authorities having jurisdiction.
User shall, at User’s own expense, promptly remove from the Premises, and surrounding areas,
all trash and debris which may accumulate in connection with any work performed in and around
the Premises.
If User makes any improvements to the Premises, User shall pay for the improvements when
made. Nothing in this Agreement shall be construed to authorize User or those working with or
under User, to charge the fees or the interest of City in the Premises, with a mechanics liens or
encumbrance of any kind.
Under no circumstances shall User be construed to be an agent, employee or representative of
City in making any improvements to the Premises; the right or power to charge a lien, claim or
encumbrance of any kind is denied.
If a mechanics or materialmen’s lien is threatened by any contactor or supplier, or in the event
of the filing of a notice of any such lien, User shall promptly pay same and take steps
immediately to have same removed.
If the lien is not removed within ten (10) days from the date of written notice from City, City shall
have the right, at City’s option, to cause same to be discharged by record of payment, deposit,
bond or of a court of competent jurisdiction or otherwise, or to pay any portion thereof and of
the amounts paid, including attorney fees and expenses connected herewith and interest at a
rate of 15% per annum or the highest amount permitted by law whichever is lower on any sums
paid or advanced shall be reimbursed by User. User shall pay any amounts to City immediately
upon rendition to User of an invoice for such amounts.
User will defend, indemnify, and hold harmless City from and against all loss, claims, damages,
costs or expenses arising out of or alleged to have resulted from, the negligent acts of User,
regarding installations or improvements made by User.
On or before the expiration or termination of this Agreement, User, at User’s own expense, shall
remove any and all improvements made by User to the Premises. If removal of the
improvements causes any damage to the Premises or other property, User shall repair or
replace any damage, at User’s sole expense, prior to expiration or termination hereunder.
If User fails to remove the improvements prior to the expiration or termination of this Agreement,
User shall be deemed to have abandoned the improvement(s) to the City.
If the City accepts the abandonment, the improvements shall become the sole and separate
property of the City at no cost to the City. If the City does not accept the abandonment, City
shall have the right to remove the improvements on behalf of the User and charge the User for
the cost of the removal.
On or before the expiration or termination of this Agreement, User, if not in default hereunder at
such time, shall remove all personal property and trade fixtures installed or in place in or around
the Premises. User shall make all repairs to the Premises required as a result of such removal
so that the Premises is returned to its original condition, normal wear and tear excepted. If User
fails to remove, User shall reimburse City for any expense of removal, including, but not limited
to, any repairs required as a result of the removal subject to the claims procedures applicable
to Arizona public entities under Arizona law.
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Violation of this Section 7 by User shall be considered a material breach of this Agreement and
the City may terminate this Agreement at its sole discretion without further obligation to the
User.
8. Repair and Maintenance. The City shall maintain the structural elements, heating, cooling, and
other systems of the Premises at its own expense and shall keep them in good repair. City shall
not be responsible for repairs to equipment, property or supplies brought onto the Premise by
User.
Damage and wear and tear not ordinary to the use of the Premises, which is caused by User,
its employees, staff including volunteers, agents or assigns, clients, customers or invitees, shall
be repaired by the User at User’s expense. In the event that User fails to repair said damage
within forty-five days of written notice of the City, the City shall perform said repairs at User’s
expense. User shall pay the repairs and associated costs within thirty (30) days after receipt of
the invoice documenting same, subject to Arizona law relating to claims against public entities.
This shall not include any damages that are considered ordinary wear and tear. User agrees
that City shall decide what is or is not ordinary wear and tear.
User has inspected and examined the Premises and accepts them AS IS, in their present
condition, and agrees that the City shall not be required to make any improvements or repairs
upon the Premises or any part of them.
9. Insurance. User, at its own cost, shall maintain comprehensive general liability insurance or
self-insurance with limits of not less than $1,000,000 per occurrence. Said insurance shall
include broad form contractual liability covering, without limitation, the liability assumed under
the indemnification provisions of this Agreement. The self-insurance or if a policy is to be written
with an annual aggregate limit, that limit shall not be less than $3,000,000.
City acknowledges that User is self-insured.
If an insurance policy is written, each policy shall provide that the policies cannot be cancelled
or substantially modified without the insurer endeavoring to provide thirty (30) days written
notice to the City.
Self-insurance or any insurance policies are intended as primary coverage for City for the
indemnification provisions of this agreement and any insurance or self-insurance maintained by
City shall apply in excess of and not in contribution with the insurance provided by these policies.
Certificates of the required insurance coverage shall be furnished to the Library Branch
Coordinator upon execution of this Agreement and shall be kept current at all times.
Insurance, whether it be self-insurance or the purchase of an insurance policy, shall not be
construed to be a limitation upon User’s ability or as full performance on its part of the
indemnification provisions of this Agreement.
Failure to maintain such insurance or self-insurance in effect shall constitute default of this
Agreement.
10. Indemnification. To the extent permitted by law, User shall defend, indemnify, and hold
harmless the City, its elected and appointed officials, officers, employees, and agents,
departments, boards, and commissions, individually and collectively, from and against any and
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all losses, expenses (including reasonable attorney fees), damages, claims, charges, fines,
suits, actions, demands, or other liabilities of any kind (Liability), including without limitation,
Liability for bodily injury, illness, death, or for property damage resulting from or arising from the
negligent or intentional acts of the User or its employees, staff including volunteers, agents or
assigns, clients, customers or invitees, including,
A. Losses attributable to diminution in the value of the Premises; and
B. All other liabilities, obligations, penalties, fines, claims, actions (including
remedial or enforcement actions of any kind and administrative or judicial
proceedings, orders, or judgments), damages (including consequential and
punitive damages), and costs (including attorney, consultant and expert fees
and expenses).
11. Permits Statutes and Codes. User shall procure all applicable permits and licenses and pay
all charges and fees necessary and incidental to its use of the Premises. The User shall comply
with all City, State, and Federal applicable laws, ordinances, and regulations, requiring payment
during the term of this Agreement upon User’s fixtures or other equipment or property, located
in the Premises.
12. City’s Right to Inspect. The City may enter any part of the Premises at any time for any reason
to make an inspection thereof. During any construction, the City may inspect all such work and
require conformance with applicable requirements of all legally constituted authorities with
jurisdiction. Said inspection, however, is not intended nor understood to be nor constitutes more
than a determination that the specifications set forth herein have been complied with and is not
an approval or ratification by the City of the quality or fitness of the improvements.
13. Storage and Use of Regulated Products. User shall ensure that there is not storage or use
of any hazardous materials, fuels or other petroleum products, chemicals, herbicides,
pesticides, fertilizers, paint or any other such regulated products on the Premises without the
prior written approval from the City. User shall use, store, and dispose of all such hazardous
material in strict compliance with all applicable statutes, ordinances, regulations in effect during
the terms of this Agreement that relate to public health and safety and protection of the
environment (environmental laws), including those environmental laws identified below and
always comply during the term of this Agreement with all environmental laws.
If, during the term of this Agreement (including any extensions), either City or User becomes
aware of (i) any actual or threatened release of any hazardous material on, under, or about the
Premises, or (ii) any inquiry, investigation, proceeding, or claim by any government, agency, or
other person regarding the presence of hazardous material on, under, or about the Premises,
that party shall immediately, not to exceed twenty four (24) hours after learning of it, notify the
other Party, and shall provide written notice of the release or investigation within five (5) days
after learning of it and shall, at the same time, furnish to the other party copies of any claims,
notices of violation, reports, or other writings received by the Party providing notice that concern
the release or investigation.
If the presence of any hazardous material brought onto the Premises by User or User’s
employees, staff including volunteers, agents or assignees, clients, customers or invitees,
results in contamination of the Premises, User shall promptly take all necessary actions, at
User’s sole expense, to return the Premises, its land or buildings, to the condition that existed
before the introduction of such hazardous material. User shall first obtain the City’s written
approval of the proposed remedial action. This provision does not limit the indemnification
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obligation set forth in this Agreement.
1. Definition of Hazardous Material
A. As used in this Agreement, “Hazardous Material” shall mean any
hazardous or toxic substance, material, or waste that is or becomes
regulated by the United States, the State of Arizona, or any local
government authority having jurisdiction over the Premises. Hazardous
material includes without limitation:
a) Any “hazardous substance” as that term is defined in the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) (42 United States Code §§
9601-9675);
b) “Hazardous waste” as that term is defined in the Resource
Conservation and Recovery Act of 1976 (RCRA) (42 United
States Code §§ 6901-6992K); Any pollutant, contaminant, or
hazardous, dangerous, or toxic chemical, material, or
substance, within the meaning of any other applicable Federal,
State, or local law, regulation, ordinance, or requirement
(including consent decrees and administrative orders imposing
Liability or standards of conduct concerning any hazardous,
dangerous, or toxic waste, substance, or material, now or
hereafter in effect);
c) Petroleum products;
d) Radioactive material, including any source, special nuclear, or
byproduct material as defined in 42 United States Code §§
2011-2297G-4;
e) Asbestos in any form or condition; and
f) Polychlorinated biphenyls (PCBs) and substances or
compounds containing PCBs.
14. Default. Events of Default. The occurrence of any of the following shall constitute an event of
default:
A. Failure of User to pay when due any sum required by this Agreement and the
continuance of such nonpayment for five (5) days after receipt of written notice
from the City.
B. Abandonment of the Premises by the User.
C. Misuse (use that is in violation of the law) of the Premises by User or failure of
the User to prevent its employees, staff including volunteers, agents or
assignees, clients, customers or invitees from such misuse of the premises.
D. Failure to obtain or maintain the insurance coverages required herein.
E. User’s failure to perform any other covenant or condition of this Agreement
within ten (10) days after receipt of written notice.
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In the event a default occurs, City or Library Director or designee, at its election, may terminate this
Agreement and the License created hereunder. In such case, User shall cease to use the Premises
upon thirty (30) days’ written notice. Notwithstanding the foregoing, no action of the City shall be
construed as an election to terminate this License unless written notice of such intention is provided
to User.
Any waiver by either Party of any default, breach or failure of User under this Agreement shall not
be construed as a waiver of any subsequent or different default, breach, or failure.
The remedies set forth in this Agreement are cumulative and are not intended to be exclusive of
any other remedies or means of redress to which either Party may be entitled to resort, either in law
or in equity, in case of any breach or threatened breach hereunder.
15. Partial Invalidity. If any term, covenant, condition or provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected, impaired
or invalidated.
16. Notices. Notices required or permitted hereunder shall be given in writing and personally
delivered or sent by certified mail, return receipt requested, postage prepaid, or by a nationally
recognized overnight courier service (e.g., Federal Express, DHL) addressed as follows:
To Owner: CITY OF MESA
Attention: Polly Bonnett, Branch Coordinator
64 East First Street
Mesa, AZ 85201
To User: Maricopa County
Human Services Department
Workforce Development Division
Attn: Assistant Director
234 N Central Ave., 3rd floor
Phoenix, AZ 85004
With a copy to: Maricopa County Real Estate Dept.
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
All notices and demands shall be deemed effective upon delivery, if delivered personally or
by overnight courier; or twenty-four (24) hours after deposit in the U.S. Mail, if by certified
mail.
17. Assignment. User shall not assign, encumber, mortgage or transfer any rights under this
Agreement, or the rights and privileges herein, in whole or in part, without the City’s prior written
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consent, which consent may be withheld for any reason. Any such transfer by User or by
operation of law without City consent shall be void.
18. Compliance with Laws. User agrees to comply with all laws, ordinances, rules and regulations
that may apply to the Premises and their use. User also agrees to abide by all city, state and
federal laws as applicable.
19. Entire Agreement; Change after Execution. This Agreement represents the entire agreement
of the Parties with respect to its subject matter, and all agreements or licenses, oral or written,
entered into prior to this Agreement are revoked and superseded by this Agreement. No
representations, warranties, inducements, or oral agreements have been made by any of the
Parties except as expressly set forth herein. This Agreement may not be changed, modified, or
rescinded, except in writing, signed by both Parties hereto, and any attempt at oral modification
of this Agreement shall be void and of no effect.
20. Governing Law; Choice of Forum. This Agreement shall be deemed to be made under, shall
be construed in accordance with, and shall be governed by the laws of the State of Arizona.
Any action brought to interpret, enforce, or construe any provision of this Agreement shall be
commenced and maintained in the Superior Court of the State of Arizona in and for the County
of Maricopa (or, as may be appropriate, in the Justice Courts of Maricopa County).
21. Waiver. Failure of the City or User to exercise any right, remedy, or option arising out of a
breach of this Agreement shall not be deemed a waiver of any right, remedy, or option with
respect to any subsequent or different breach, or the continuance of any existing breach.
22. Right of Entry. User acknowledges and agrees that the City may enter onto the Premises at
any time for any reason, despite inconvenience to the User, and User agrees to cooperate with
such.
23. Cancellation. This Agreement is subject to cancellation for conflict of interest without penalty
or further obligation as provided by A.R.S. §38-511.
A. User may cancel this Agreement at any fiscal year end due to non-appropriation of
funds. User fiscal end is June 30, Federal fiscal year end is September 30.
24. Status of License. User acknowledges and agrees that the right granted by this Agreement, to
enter upon the Premises is nothing more than a non-exclusive license granted solely for the
purpose of exercising its rights and performing its duties under this Agreement. Nothing set forth
in this Agreement creates a tenancy between the City and User or grants the User possession
of the Premises.
25. Independent Operator. User shall, at all times, be an independent operator and shall not, at
any time, purport to act as an agent for the City or any of its officers, agents, or employees.
26. Compliance with Federal and State Immigration Laws. Under the provisions of A.R.S. § 41-
4401, the User warrants to the City that the User and all its subcontractors will comply with all
Federal Immigration laws and regulations that relate to their employees and that the User and
all its subcontractors now comply with the E-Verify Program under A.R.S. § 23-214(A).
A breach of this warranty by the User or any of its subcontractors will be considered a material
breach of this Agreement and may subject the User or subcontractor to penalties up to and
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including termination of this Agreement or any subcontract. The User will take appropriate steps
to assure that all subcontractors comply with the requirements of the E-Verify Program. The
User’s failure to assure compliance by all its subcontractors with the E-Verify Program may be
considered a material breach of this Agreement by the City.
The City retains the legal right to inspect the papers of any employee or staff including
volunteers of User or any subcontractor who works on this Agreement to ensure that the User
or any subcontractor is complying with the warranty given above.
The City may conduct random verification of the employment records of the User and any of its
subcontractors to ensure compliance with this warranty. The User agrees to indemnify, defend
and hold the City harmless for, from and against all losses and liabilities arising from any and
all violations of these statutes.
27. Lawful Presence in the United States. A.R.S. § 1-502 requires that all persons who will be
awarded a contract (a Public Benefit as defined in 8 U.S.C. § 1621) must demonstrate their
lawful presence in the United States. Person is defined as a “natural person” and therefore
excludes Limited Liability Companies, Corporations or Partnerships as indicated on your W-9
form. Individuals or Sole Proprietorships must complete the Affidavit of “Legal Presence in the
United States” Section of this Agreement. Failure to provide a completed Affidavit and any
required attachments may be deemed non-responsive.
28. Boycott of Israel. User certifies that it is not currently engaged in, and for the duration of this
Agreement agrees not to engage in, boycott of Israel as defined in A.R.S. § 35-393.
29. Non-Discrimination; Public Use of the Premises. The Premises is primarily used by the
public. User shall comply with all provisions of applicable federal, state, and local laws related
to non-discrimination, equal employment opportunity, and the American with Disabilities Act.
30. Code of Ethics. User shall ensure that its employees comply with the Code of Ethics, attached
as Attachment D and is incorporated herein by reference.
31. Drug-Free Workplace. User acknowledges and agrees:
A. The City has adopted a policy establishing a drug-free workplace for its
employees and for all contractors doing business with the City to ensure the
health and safety of all employees.
B. The User has adopted a policy establishing a drug-free workplace for its employees
and for all contractors doing business with the User to ensure the health and safety of
all employees.
C. User shall require a drug-free workplace for all employees or staff including
volunteers working under this Agreement. Specifically, all employees or staff
including volunteers, of User who perform work under this Agreement shall be
notified in writing by the User that they are prohibited from the manufacture,
distribution, dispensation, possession, or unlawful use of a controlled
substance in the workplace.
D. Failure to require a drug-free workplace may result in termination of this
Agreement and possible debarment from applying for future City projects.
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32. Surviving Provisions. The obligations under the following paragraphs shall survive the
expiration or termination of this Agreement,
A. Indemnification
B. Environmental Requirements
33. User. User shall be responsible to ensure that any vendors, concessionaires, or individuals
selling items or soliciting donation on the Premises are approved by the City and appropriately
licensed by the City.
34. Headings Not Controlling. Heading used in this Agreement are intended for convenience or
reference only and shall not control or affect the meaning or construction of any provision of this
Agreement.
35. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same
instrument.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the Parties executed this Agreement as of the last date written below.
OWNER USER
CITY OF MESA MARICOPA COUNTY
By: ____________________________ ________________________________
City Manager Date Jack Sellers, Chairman, Board of Supervisors
ATTEST: ATTEST:
By: By:
________________________________ ________________________________
City Clerk Date Clerk of the Board Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _____________________________ By: _____________________________
City Attorney Date Deputy County Attorney Date
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EXHIBIT A
Premises or Workspace
(a portion of basement level office space located at
64 East 1st Street Mesa, Arizona 85201)
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ATTACHMENT A
ADDENDUM TO THE REVOCABLE LICENSE AGREEMENT
FOR THE USE OF THE MESA LIBRARY
BETWEEN CITY OF MESA AND MARICOPA COUNTY.
1. Agency Exceptions.
A. User will provide Services as outlined in the Scope of Work (Attachment B) on the
following days and times:
Monday to Friday 8:00 AM -5:00 PM
B. As identified in Exhibit A, User is provided the following Workspace/s:
Library Basement – Room/Space number: N/A
C. City observed holidays – no use of Premises
January September
New Year’s Day Labor Day
Martin Luther King Jr./Civil Rights Day
November
February Veterans Day
President's Day Thanksgiving Day
Day After Thanksgiving
May
Memorial Day December
Christmas Eve
July Christmas Day
Independence Day
2. User shall supply their own equipment, materials and supplies, including but not limited to:
Staff computers
Resource Center computers
Staff phones
Staff printers and paper
Staff desks and chairs
Resource center tables and chairs
Brochure racks
White Boards
TV Monitors
Mondo Pad
File and storage cabinets
WIFI and WIFI hotspots
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ATTACHMENT B
ADULT AND YOUTH SERVICES PROGRAM
ARIZONA@WORK - MARICOPA COUNTY
SCOPE OF WORK
1. Background:
Maricopa County is the designated Local Workforce Development Area in Maricopa County,
excluding the City of Phoenix, under the Workforce and Innovation and Opportunity Act (WIOA).
Title 1-B, Workforce Development activities are administered by Maricopa County Human
Services Department.
2. Intent:
The goal of the Agreement between Maricopa County administered by its Human Services
Department ARIZONA@WORK-Maricopa County Workforce Services programs and the City
of Mesa is to provide comprehensive case management for employment related activities to
Adults, Dislocated Workers, and youth ages 14 through 24 years of age at the Premises. Priority
is given to Veterans, and individuals with barriers including but not limited to: justice
involvement, low income, high school dropout, foster care, homeless, and individuals with
disabilities. Workforce Services include but are not limited to assistance in removing barriers,
developing work readiness skills, funding for Occupational Skills Training, interview skills,
resumes, and job searching.
3. Priority of Service:
User agrees to provide services and programs to promote economic sufficiency to individuals
within the City of Mesa service network and Maricopa County through the involvement of East
Valley based community organizations to help find locally based workforce solutions for job
seekers.
4. Service Description:
A. ARIZONA@WORK-Maricopa County Workforce Services shall be provided in
accordance with Workforce Innovation Opportunity Act (WIOA) rules and regulations.
County staff assigned to that location will adhere to Mesa Public Library hours and
policies. The goal is to engage individuals in education and/or employment activities
associated with in-demand occupations and career pathways leading to sustained
employment. Program services shall be provided onsite by Adult and Youth Career
Advisors and a Program Service Representative and include the following activities:
a) Outreach and Recruitment;
b) Provide program orientation information;
c) Schedule one-on-one meetings;
d) Determine service eligibility;
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e) Provide job search assistance;
f) Provide appropriate support services to enrolled participants;
g) Deliver case management;
h) Coordinate service referrals;
i) Refer individuals who do not meet eligibility requirements to appropriate
agencies for services.
j) Provide access to computers for workforce related activities
k) Provide occasional onsite workforce workshops
5. Data Collection
A. User shall provide quarterly activity reports to the Mesa Library Branch Coordinator.
Reports will include data on Community Outreach, Visitors, Enrollments, Demographics,
Services and Outcomes provided to clients and visitors to Premises based on
Attachment C.
B. Reports are due on the 15th of the month following the end of the quarter.
C. Reports shall be provided via email to Polly.Bonnett@MesaAZ.gov
6. Operational Contact
Communication and details concerning the Workforce Program activities/operations shall
be directed to the following contact representative:
Tina Luke, Program Manager
ARIZONA@WORK Maricopa County
Human Services/Workforce Development Division
234 North Central Avenue, 3rd Floor
Phoenix, AZ 85004
Phone: 602-372-9738
Email: Tina.Luke@maricopa.gov
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ATTACHMENT C

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ATTACHMENT D
{INSERT COUNTY POLICY ON NEXT PAGE}

MARICOPA COUNTY INTERNAL POLICY
Policy Number: HR2416
Policy Title:
Current Adoption 11-18-2020
CODE OF CONDUCT Date:
Current 11-18-2020
Implementation Date:
Approved by: Board Agenda C-31-18-037-6-00
Number:
BOARD OF SUPERVISORS Original Adoption
Date: 07-27-2017
I. PURPOSE
To outline the professional and personal standards of conduct required for all County Employees to achieve
the highest levels of integrity and credibility in order to earn and maintain the public’s trust. Maricopa County
is committed to the highest standards of conduct, ethics, integrity, competence, and professionalism.
II. AUTHORITY
This Policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251.
III. APPLICATION
This Policy applies to all Employees and Volunteers of Maricopa County appointed departments as well as
the Flood Control District of Maricopa County, the Maricopa County Library District, and the Maricopa County
Stadium District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying
to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11,
2018. This Policy also applies to employees of County elected offices unless the elected official has
implemented a similar policy specific to his or her office.
IV. DEFINITIONS
A. Appointing Authority: The single administrative or executive head of a Department/Special District, or
the designated representative authorized to act in this capacity.
B. Conflict of Interest: Conflict of Interest arises when a person participates in a decision about a matter
or exercises control over another person participating in a decision about a matter (including but not
limited to any contract or arrangement of employment, leasing, sale or provision of goods and services)
which may personally benefit or be seen to benefit that person because of actions or decisions made in
their official capacity. Situations which may give rise to a real or perceived Conflict of Interest include but
are not limited to: nepotism, an external business relationship, or a close personal relationship.
C. County Property: Any property owned, leased, or purchased by Maricopa County.
D. Employee: A person paid a wage, salary, or stipend from public money in accordance with official entries
on County payroll. Includes all classified, unclassified, contract, and temporary employees including
those paid through Maricopa County accounts payable processes.
E. Family Member: An Employee’s spouse/domestic partner, parent, sibling, child, aunt, uncle,
grandparent, grandchild, niece, nephew, first cousin, half-sibling, in-law, step relation, or anyone with
whom the Employee has a custodial relationship.
F. Misconduct: Any violation of County policy or procedure; federal, state, or local law; the Constitution; or
administrative rulings.

Policy Title: Policy Number: HR2416
CODE OF CONDUCT Current Adoption
Date: 11-18-2020
G. Volunteer: A person who, of their own free will, provides services to the County without receiving a
wage, salary, stipend, or other County benefit.
V. POLICY
A. Ethical Conduct: Employees shall conduct themselves in a professional, ethical, and lawful manner.
1. Employees shall be honest, fair, and courteous while working or identified as Employees of Maricopa
County. This includes communications on social media.
2. Employees shall not participate in any activity which would compromise their ability to perform their
official duties objectively and impartially.
3. Employees are required to participate in administrative investigations as needed and may not
withhold relevant information or willfully mislead any investigation.
B. Nondiscriminatory Behavior: Employees shall not engage in harassing or discriminatory behavior, as
defined by state or federal law or County policy, in the workplace, while conducting County business, or
whenever representing the County. Employees shall not act against or in favor of any individual because
of race, gender, religion, color, national origin, age, disability, sexual orientation, gender identity,
including transgender status, pregnancy, veteran status, genetic information or any other characteristic
defined by law or County policy.
C. Avoidance of Conflicts of Interest: Employees shall not involve themselves in any matter that may
involve or have the appearance of a Conflict of Interest. Should a Conflict of Interest arise, Employees
shall notify their supervisor. If the Conflict of Interest involves the Employee’s direct supervisor, the
Employee shall notify the Appointing Authority, department human resources, the County’s Director of
Human Resources, Employee Relations, or any combination of the above listed individuals and entities.
D. Conformance to Established Laws and County Directives: Employees shall obey all local ordinances
and state and federal laws and shall conform to the provisions of all written policies. Employees shall
report to their Appointing Authority as soon as practicable, but no later than the first day they return to
work, any arrest, charge, citation, or conviction of any crime in any jurisdiction that could affect the
Employee’s ability to perform job responsibilities or meet job requirements. The Appointing Authority may
require more stringent reporting requirements, depending on the essential functions of the Employee’s
position.
E. Prohibition on Alcohol and Illegal Substance Use:
1. Employees shall not report for duty or be on-duty while consuming or under the influence of any
alcoholic beverage to any degree.
2. While off-duty, Employees shall not consume alcohol in a public place or establishment while
displaying or wearing any recognizable item of County apparel which identifies them as a County
Employee in an official capacity.
3. Employees shall not report for duty or be on-duty while under the influence of substances which
impair, to any degree, their ability to perform their duties, including prescription medication, alcohol,
and marijuana.
4. A supervisor who reasonably believes that an Employee who is on duty or reporting for duty is under
the impairment of alcohol, marijuana, medication, or illegal substances, to any degree, must notify
the Appointing Authority, the County’s Director of Human Resources, department human resources,
or Employee Relations, or any combination of the above-listed individuals or entities.
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Policy Title: Policy Number: HR2416
CODE OF CONDUCT Current Adoption
Date: 11-18-2020
F. Individual Responsibility: Employees who become aware of or observe an Employee on-duty who is
under the influence of drugs or alcohol; or become aware of or observe any act by an Employee in
violation of law; or which compromises the safety or security of the Employee or others; or which puts
property or operations at risk; shall, as soon as practicable, report the incident to a supervisor. If the
prohibited act involves the Employee’s direct supervisor, the Employee shall notify the Appointing
Authority, department human resources, the County’s Director of Human Resources, Employee
Relations, or any combination of the above-listed individuals and entities.
Failure to report a mandatory reportable act shall itself be considered Misconduct and may result in
disciplinary action, up to and including dismissal.
G. Supervisory Responsibility: Supervisors shall provide proper direction, coordination, and control of
subordinates. Supervisors and managers exercise authority on behalf of the County and must ensure
that their workplace reflects the highest standards of conduct, ethics, integrity, competence, and
professionalism. To that end, supervisors must take each and every complaint seriously and report any
observed or learned violations of policies. Supervisors and managers must notify the Appointing
Authority, the County’s Director of Human Resources, department human resources, or Employee
Relations of any complaints received or any observed violations of this Policy. Failure to follow this Policy
may lead to discipline, up to and including termination.
H. Limitations on Prescription and Over-the-Counter Drug Use: Employees who take prescription or
over-the-counter medications are responsible for being aware of any effects the medications may have
on the performance of their duties. Employees shall advise their department human resources or
supervisor, prior to reporting for duty, when taking medication that impairs their ability to perform the
essential job functions of their position.
I. Prohibition on Gratuities, Rewards, Loans, or Gifts: In accordance with County Policy A1515:
External Relationships and Acceptance of Gifts, Employees shall not use their position for personal gain,
on or off duty, or solicit or accept any personal loan, gratuity, admission to events, meal, or other favor
from the general public, private business firms which have business with the County, or any public entity
which is, or may appear to be, intended to influence official conduct.
J. Performance of Duty: Employees shall devote their working time and attention to the service of the
County and shall complete all assignments in a timely manner, as set forth by their supervisor. While on-
duty, Employees shall not engage in any activities or personal business which would cause them to
neglect their duties.
K. Punctuality: Employees shall be punctual in reporting to their designated duty post and shall be
physically ready to assume their duties at the time specified by their supervisor.
L. Political Activity: While on-duty or representing the County, Employees are expected to behave in an
unbiased manner and without favoritism for or against any political party or group or any member in order
to promote public confidence in government, government integrity, and the efficient delivery of
governmental services and to ensure that Employees are free from any expressed or implied requirement
or any political or other pressure of any kind to engage or not engage in political activity.
L. Public Appearances and Statements: Employees shall not engage in actions or conduct, including any
form of social media, that could bring disrepute or embarrassment to the County, its departments,
agencies, or districts, unless it involves a matter of public concern.
M. Office Communications: Employees’ on-duty written, oral, visual, and digital communications shall be
professional, courteous, and free from derogatory or disparaging comments.
N. Endorsements and Referrals: Employees may not recommend, suggest, or advocate for the
procurement of any particular product, professional or commercial service outside of the official
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Policy Title: Policy Number: HR2416
CODE OF CONDUCT Current Adoption
Date: 11-18-2020
procurement process. In addition, Employees must disclose any Conflicts of Interest they have prior to
involvement in procurement or purchasing.
O. Employment of Family Members: No Employee shall be in a reporting line of supervision to a Family
Member. If a potential conflict of this provision exists, it must be declared to the Appointing Authority by
the supervisory Employee. Appropriate action must be taken to remove the supervisory Employee from
any decision-making authority having impact upon the employment of the Family Member(s).
P. Workplace Relationships: Romantic relationships and/or sexual interactions between a supervisor and
their supervised Employee are expressly prohibited. An Employee promoted to a supervisory position
must promptly notify their Appointing Authority of any existing romantic relationships or sexual
interactions which would result in a violation of this subsection.
Q. Insubordination: Employees shall obey all reasonable and lawful orders from their supervisor or
equivalent individual responsible for assigning or directing work.
R. Workplace Bullying: Employees shall treat other Employees, subordinates, supervisory staff,
volunteers, vendors, and the public respectfully and courteously. Workplace bullying, abusive conduct
that threatens, humiliates, or intimidates, is prohibited.
S. Rumors or Gossip: While on-duty or representing the County, Employees shall not spread rumors,
gossip, or false information which discredits or harms the reputation of another Employee.
T. Protected Information: Employees are prohibited from disclosing any privileged, confidential, or
proprietary information belonging to or in the possession of the County. Disclosure includes, but is not
limited to, posting privileged, confidential, or proprietary information on social media outlets, sending
prohibited information via email, and oral disclosure of prohibited information to anyone not entitled to
receive information.
U. Prohibited Workplace Activities: Employees on County Property or while using County resources are
prohibited from engaging in the following activities: the sale of food to non-Employees, organizing
gambling pools, or conducting raffles. Employees may sell food to other County Employees while on
County Property with the approval of their Appointing Authority.
V. Prohibited Solicitations: In accordance with County Policy A1512: Solicitation and Distribution of
Literature, Employees shall not post, solicit, distribute or circulate literature, sell merchandise, or promote
support for any cause or organization, during their work time, or during the work time of the Employee(s)
to whom such activity is directed. Except when doing so for the County, Employees will not post, solicit,
distribute, or circulate any literature in work areas, hallways, lobbies, secured Employee parking lots, the
County’s internal mail system, the County’s intranet, the County internet web page, or County phone
system at any time.
Revision History
Version Revision Date Description of Revision
1 7-27-2017 Initial version (Approved by the County Manager)
2 4-11-2018 Revised Application Section to include employees of Elected Officials unless the Elected
Official has implemented a code of conduct specific to their office. (C-31-18-037-6-00)
Edited Nondiscriminatory Behavior section, added a timeline for employees to notify
3 11-18-2020 their supervisors when they are arrested, charged, or convicted of any crime, and added a
workplace bullying section. (C-31-18-037-6-00)
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