CITY OF TEMPE IGA.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF TEMPE
County Contract #: ________________________
City Contract #: ___________________________
Agreement Amount: $140,599
Agreement Start Date: July 1, 2019
Agreement Termination Date: June 30, 2022
1.0 PARTIES
This financial Intergovernmental Agreement (“Agreement”) between the City of Tempe (hereinafter
referred to as the “City”) and Maricopa County (hereinafter referred to as the “County”) administered by
its Human Services Department, Workforce Development Division (collectively referred to as the
“Department”) for Workforce Development services. The County and the City are collectively referred to
herein as the “Parties” and individually as the “Party.” The County and the City are authorized to enter
into this Agreement under A.R.S. § 11-952 et seq.
2.0 PURPOSE
2.1 The purpose of this Agreement is to integrate the County’s workforce development system into
the City’s social and community services resource network. The Parties’ goal is to support
workforce development activities and training efforts that will enable the City’s employers to
attract and retain top talent, as well as to provide adult and youth job seekers with Workforce
Innovation and Opportunity Act (WIOA) program services.
2.2 The integrated service delivery model will be located at two (2) City facilities:
2.2.1 Escalante Community Center – 2150 East Orange Street, Tempe, AZ 85281 – Youth
services
2.2.2 Tempe Public Library – 3500 South Rural Road, Tempe, AZ 85282 – Adult/Dislocated
Worker services
2.3 The County shall assign County staff to be located at the locations listed above:
2.3.1 A Workforce Development Youth Career Guidance Specialist; and
2.3.2 A Workforce Development Coordinator
2.3.3 Both the Workforce Development Youth Career Guidance specialist and the Workforce
Development Coordinator will be assigned to the City of Tempe locations 40 hours per
week.
2.4 The Parties shall share the costs for funding the program. The City shall compensate the County
on a monthly basis for program service delivery.
2.4.1 The City shall reimburse the County of a portion of the Workforce Development Coordinator’s
salary. Funding amount is indicated in attached Itemized Service Budget, Attachment A per
fiscal year. The Parties acknowledge that these individuals will remain County employees and
will not be considered employees of the City.
3.0 BACKGROUND
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3.1 The Workforce Innovation and Opportunity Act (WIOA) of 2014, 29 U.S.C. § 3101, et seq., Public
Law 113-128 was signed into law on July 22, 2014 and became effective on July 1, 2015. WIOA is
designed to help job seekers access employment, education, training and support services to
succeed in the labor market and to match employers with the skilled workers they need to
compete in the global economy.
3.2 Maricopa County is designated as a Local Workforce Development Area (LWDA) under the
federal WIOA program. The County operates two (2) comprehensive Workforce Development
One Stop Career Centers (Centers) and designated Youth Hubs. (Exhibit A) The Centers provide
employment-related services to job seekers and employers in Maricopa County, in accordance
with the WIOA program regulations.
4.0 TERM OF AGREEMENT
4.1 The initial term of this Agreement is July 1, 2019 to June 30, 2022.
4.1 This Agreement shall be effective upon signature by the Parties.
4.2 The Agreement may be extended for two (2) additional three (3) year terms, upon acceptance
and approval by the Parties. The City must provide notice of intent to renew (60) days prior to
the end of the term.
5.0 AMENDMENTS
5.1 Any changes to this Agreement shall be carried out in accordance with the following:
5.1.1 A written amendment, signed by the Parties, to this Agreement shall be required for every
standard purpose listed below and all other purposes;
5.1.2 Whenever the agreement period is lengthened and/or shortened;
5.1.3 For any other changes in terms and conditions of this Agreement which the Parties deem
substantial.
6.0 FUNDING
6.1 The City shall compensate the County for a portion of the service delivery.
6.2 The City shall compensate the County an amount not to exceed $ 45,805 for the period of July 1,
2019 to June 30, 2020;
6.3 The City shall compensate the County an amount not to exceed $46,807 for the period of July 1,
2020 to June 30, 2021;
6.4 The City shall compensate the County an amount not to exceed $ 47,987 for the period of July 1,
2021 to June 30, 2022;
6.5 Compensation for FY2021 and FY2022 may each be increased on an annual basis, due to potential
3% pay increase to County staff.
7.0 AVAILABILITY OF FUNDS
7.1 Should funding for program activities be reduced for any reason and services are not funded, the
County and/or the City may take any of the following actions: (a) accept a decrease in services
offered by the other Party; or (b) cancel the Agreement.
7.2 If the City is unable to provide funding to support County personnel, the County has the right to
change the availability or withdraw County staff.
8.0 PAYMENTS
Subject to ongoing review and possible modifications during the terms of this Agreement, City
shall pay the County based on County submitting a monthly invoice. The City shall prepare and
issue payment within 30 days of receipt of the invoice, except for the last quarter of the term; in
which the invoice shall be sent to County’s point of contact on the 5th calendar day of month
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following the last quarterly time period. The payment shall be submitted to the County’s Finance
Division at the address 234 N Central Avenue, Phoenix, AZ 85004.
8.1 The City shall provide the County with the amount defined in the Itemized Service Budget (ISB),
“Attachment A”. The yearly ISB has been developed between the Parties and incorporated into
this Agreement. The ISB reflects the anticipated cost(s) for the agreement term; however, Section
6 defines the maximum annual reimbursement to the County from City of Tempe.
9.0 PROGRAM SERVICE INTENT
9.1 The services to be provided at the identified facilities will benefit City residents by having County
staff available to meet with job seekers (Adult and Youth) and local employers and provide WIOA
activities which will improve resident’s knowledge for:
9.1.1 conducting job searches to secure stable employment;
9.1.2 exploring career opportunities;
9.1.3 improving skills necessary to enter or advance in a specific occupation or trade; and
9.1.4 employment opportunities with local employers.
10.0 RESPONSIBILITIES OF ORGANIZATIONS
10.1 The County shall:
10.1.1 Assign a County Workforce Development Coordinator to act as a business liaison, trainer,
career guidance specialist, and partner in providing assistance to participants, and
businesses within the City:
10.1.1.1 Enroll WIOA eligible program participants
10.1.1.2 Organize workshops for job seekers to assist with job searches and
development of job retention skills, assessment tools for measuring interests,
aptitude & skills, career exploration and vocational training;
10.1.1.3 Provide eligible participant support services that may include funding
assistance to enable participant to continue training, retain or obtain
employment and encourage successful program completion;
10.1.1.4 Direct job seekers toward activities that lead to the attainment of a
secondary school diploma or its equivalent;
10.1.1.5 Organize Job fairs for local employers recruiting employees to fill vacant
positions; and
10.1.1.6 Engage with business community in collaboration with the City’s
Economic Development Department;
10.1.2 Assign a County Workforce Development Youth Career Guidance Specialist to provide
WIOA services youth (individuals between the ages of 14 to 24 years) such as:
recruitment, enrollment, case management and referral services;
10.1.3 Provide data report on a semi-annual: January and July of each year with a report
containing the following data metrics:
10.1.3.1 Summary of Youth and Community Outreach Efforts;
10.1.3.2 Total of Enrollments completed at Tempe Facilities - including
demographics of the participants;
10.1.3.3 Total number of services provided to Youth and Adult/Dislocated Worker
participants;
10.1.3.4 Summary of Service Outcomes for Youth and Adult/Dislocated Worker
participants;
10.1.3.5 Total Trainings provided to Youth and Adult/Dislocated Worker
participants;
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10.1.3.6 Summary of Training Outcomes for Youth and Adult/Dislocated Worker
participants;
10.1.3.7 Summary of Employment Outcomes for Youth and Adult/Dislocated
Worker participants; and
10.1.3.8 Number of Tempe Employers engaged in services by the Workforce
Development Coordinator.
10.1.4 Provide computers and equipment for County staff to fulfill duties.
10.2 The City shall:
10.2.1 Provide workspace at facilities listed in section 2.2 for the County staff to provide the
services identified in section 9.1. The workspace shall be a secure location to house all
computer(s) and equipment provided by the County. The workspace is to remain locked
when not in use by County staff and whenever the facility is not in use;
10.2.2 Provide internet connection so the County can conduct the work identified in section 9.1;
10.2.3 Work cooperatively with County staff to improve efficiency, effectiveness and
coordination of workforce services;
10.2.4 Provide meeting space and space for job fairs as needed; and
10.2.5 Include information attributing ARIZONA@WORK – Maricopa County program in any
outreach materials, website and other promotional/marketing materials related to this
joint partnership.
11.0 TERMINATION
11.1 Pursuant to A.R.S. §38-511, the Parties may cancel this Agreement without penalty or further
obligation within three years after execution of the contract. If any person significantly involved in
initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any
time while the Agreement or any extension of the 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, pursuant to 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 the contract on behalf of the County from any
other party to the contract arising as the result of the Agreement.
11.2 Either Party may terminate this agreement at any time by giving the other Party at least sixty (60)
calendar days prior notice in writing (unless terminated by the Board of Supervisors under the
Availability of Funds provision). The notice shall be given by personal delivery or by registered or
certified mail, postage prepaid and returns receipt requested, to the persons at the addresses set
forth on the Notice section of this agreement.
11.3 This agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
11.4 The County has the right to terminate this agreement upon twenty-four (24) hour notice when the
County determines that the health or welfare of the service recipients are endangered or the
Contractor’s non-compliance jeopardizes funding source financial participation. If not terminated
by one of the above methods, this agreement shall terminate upon the expiration of the term of
this agreement stated on the cover page of this agreement.
12.0 NOTICES
Notifications and communications concerning this Agreement shall be directed to the following:
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County:
Thomas Colombo, Assistant Director
Workforce Development
Maricopa County Human Services Department
234 N Central Avenue, Suite 3000
Phoenix, AZ 85004
Telephone: 602-372-2733
Email: Tom.Colombo@maricopa.gov
City of Tempe:
Naomi Farrell
Human Services Director
Human Services Department
3500 S. Rural Road, Suite 202
Tempe, AZ. 85282
Telephone: 480-350-5428
Email: Naomi_farrell@tempe.gov
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 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 to 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
and Contractor shall indemnify, defend and hold harmless the County with respect thereto.
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 to 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 thereto.
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 its agents shall
safeguard the confidentiality of this information, just as it would safeguard its 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 attorneys’ fees) (hereinafter 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 which result
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in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct,
or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
16.0 GENERAL LIABILITY INSURANCE EXCEPTION
Each Party is a public entity, the Insurance Policy requirements shall not apply. Instead, each Party shall
provide to the other Party a Certificate of Self- Insurance equal to:
General Aggregate $3,000,000
Each Occurrence Limit $1,000,000
17.0 COMPLIANCE WITH APPLICABLE LAWS
17.1 Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations,
standards, and codes of the Federal, State, and Local governments whether or not specifically
referenced herein. Specifically, the following apply:
17.1.1 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, 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
17.1.2 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.
17.1.3 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.
17.1.4 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges that:
17.1.4.1 Its subcontractors, 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, subsection A;
17.1.4.2 A breach of a warranty under sections listed above, shall be deemed a
material breach of this Agreement that is subject to penalties up to and including
termination of the Agreement;
17.1.4.3 The contracting Party retains the legal right to inspect the papers of any
contractor or subcontractor 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 agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to
facilitate such an inspection;
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17.1.4.4 That nothing herein shall make the City or its agents or employees of the
County.
18.0 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 and agents:
18.1 Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
18.2 Have not within a three-year period 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;
18.3 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
18.4 Have not within a three-year period had one or more public transactions (Federal, State, or local)
terminated for cause or default.
19.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
19.1 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.
19.2 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
subcontractors certifying compliance and shall furnish the statements to the Procurement Officer
upon request. These warranties shall remain in effect through the term of the Agreement. The
Parties and their subcontractors shall also maintain Employment Eligibility Verification forms (I-9)
as required by the U.S. Department 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.
19.3 The Parties may request verification of compliance for any employee or subcontractor performing
work under the Agreement. Should either Party suspect or find that the other Party or any of its
subcontractors are not in compliance, then the Party may pursue all remedies allowed by law,
including, but not limited to: suspension of work, termination of the Agreement for default, and
suspension and/or debarment of the other Party. All costs necessary to verify compliance are the
responsibility of the requesting Party.
[Section Intentionally Left Blank]
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IN WITNESS THEREOF, the Parties have signed this Agreement:
FOR AND ON BEHALF OF CITY FOR AND ON BEHALF OF MARICOPA COUNTY:
OF TEMPE:
___________________________________
___________________________________ Chairman, Board of Supervisors Date
___________________________________
Date
Attested to:
Attested to:
______________________________________
___________________________________ Fran McCarroll, Clerk of the Board Date
Date
The undersigned legal counsel has reviewed this Agreement for the County and the City who have
determined that it is in proper form and within the power and authority granted under the laws of the
State of Arizona.
_____________________________________ By: _______________________________________
City Attorney Date Legal Counsel for Maricopa County Date
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ATTACHMENT A
ITEMIZED SERVICE BUDGET
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