LIENCES AGREEMENT P-500334 WITH CITY OF PEORIA.PDF

P-50334
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REVOCABLE LICENSE AGREEMENT FOR THE USE OF THE
COMMUNITY ASSISTANCE RESOURCE CENTER
BETWEEN CITY OF PEORIA AND MARICOPA COUNTY
This Revocable License Agreement (“Agreement”) is made between the CITY OF PEORIA,
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 on the Effective
Date of July 1, 2019, and expire on June 30th,2020. If either Owner or User elects to
terminate this Agreement for any reason or no reason, 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. Premises and Uses. City hereby allows User use of the Community Assistance
Resource Center (“Premises”) that is located within the Peoria Community Center
located at 8335 W. Jefferson St., Peoria, Arizona 85345, (“Property”) and more
specifically designated in Exhibit A, attached hereto and incorporated herein. Any
reference to space outside of the Premises will be identified as such.
The Premises hours are Monday – Thursday, from 8:00 am – 5:00 pm, and Fridays from
8:00 am – 3:00 pm. Access outside of these hours requires prior approval and a key
code for entry, and must fall within the Community Center regular operating hours
(Monday – Thursday 8:00 am - 9:00 pm; Fridays 8:00 am - 5:00 pm; Saturdays 8:00 am
- 3:00 pm), except on observed City of Peoria holidays as referenced in Attachment A
- Addendum to the Revocable License Agreement, attached hereto and incorporated
herein.
The Premises shall be occupied by User during the agreed upon days and times, as
listed in Attachment A, with cubicle “B” as the designated workspace (“Workspace”) as
referenced herein and depicted in Exhibit A, and shall be used pursuant to the terms
and conditions of this Agreement.
Any change in the agreed upon schedule must be requested by User prior to change.
Owner will evaluate each request on a case by case basis. The evaluation will take into
account the days, hours, and space available.
Additional room usage may be reserved by the User upon request at the front desk of
the Community Center.
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3. Purposes. The Premises 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 City.
4. Operational Provisions. The Parties agree as follows:
A. User agrees to abide by the “Agency Exceptions” outlined in Attachment A.
B. Owner will provide initial, basic furniture for the workspace.
C. Workspace will be visited often by the public; User agrees to keep designated
space clean and free of clutter to project a favorable image of the City of Peoria
and its Premises.
D. User agrees that it may not move additional furniture or equipment into the
Premises without prior authority of the Community Assistance Manager.
E. User shall supply their own equipment, materials and supplies and shall secure
items in the locking file cabinet referenced in Attachment A. Free Wi-Fi is
available at the Premises.
F. All staff, City and User, will be responsible for keeping the shared areas clean
and neat. If User utilizes any of the consultation rooms, User shall ensure room
is left clean, neat and uncluttered.
G. Owner will provide one (1) 2-drawer locking file cabinet. Additional storage may
be accessible outside of designated Workspace. One key will be provided at
Owner’s expense. Any replacement keys will be at the expense of the User.
Lost key must be replaced and User will pay for the replacement key at market
rates and not to exceed $30.
H. User understands that it is their responsibility to remove or secure any personal
and other important items at the end of each workday. The employees of the
City, including any and all employees working within the Community Center shall
not be responsible nor liable for any stolen or misplaced items or property.
I. Periodic fire inspections will occur at the Community Center and the Premises.
If User’s workspace is found to have a violation, User agrees to correct said
violations, at its sole cost, if any, immediately to maintain compliance with the fire
code.
J. Monthly pesticide applications occur at the Community Center and Premises.
Owner will post notification for each application date prior to the occurrence.
User shall take appropriate precautions, such as protecting any office plants or
other items or personal property that may be effected. The City of Peoria
employees shall not be responsible nor liable for any damage(s) caused by these
pesticide applications.
K. User acknowledges and agrees that excessive absences may result in
termination of this Agreement. “Excessive” is determined by the Owner and will
be assessed on a case by case basis.
L. User agrees to identify services which will be offered by the City at the Premises
and will recognize the City of Peoria in their outreach material and on their
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website by displaying the City seal or naming the City as a Resource Center
partner through the location’s reference of the center name and location.
5. Background Screening Policy. The City is concerned about the safety of its staff,
User staff, volunteers and its constituents and the protection of its assets and reputation.
To reduce these risks, User understands that in connection with the use of the
Premises, the User has completed background screenings for each staff member
and/or volunteers that will work on the Premises. The User shall provide the Owner with
confirmation that background screenings and fingerprint clearances have been
completed on all User staff assigned to work on the Premises. Confirmation shall be
provided to Community Assistance Manager no later than 10 business days after
Agreement has been fully executed. The User shall also notify the Owner if there is a
change in staff that will be located to work on the Premises. Notification shall be
provided within ten (10) business days of work assignment.
7. Buildings and Improvements. User shall not make changes, alterations or
improvements to the Community Center or the Premises. Should User violate this term,
this shall be considered material breach of this Agreement and the Owner shall
terminate this Agreement without further obligation to the User. Moreover, in the event
of a breach, all fixtures and improvements of every kind installed without authorization
shall become the property of the Owner upon termination of the Agreement. The
Owner, at its option, may notify and require User to remove any such fixtures and
improvements at User’s sole expense, and require that such removal is done in a
manner as not to damage the Community Center or the Premises. In the event User
fails to remove the fixtures and improvements after notice, Owner may remove them
and dispose of them as it sees fit.
8. Repair and Maintenance. User, at User’s expense, shall maintain the Premises in
good, sanitary, and safe condition, as determined by the City. Notwithstanding the
foregoing, the City has no obligation to inspect the Premises, or to report the condition
of same to User or others.
User represents that 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. City and User acknowledge that each party is self-insured. User agrees
to maintain in full force and effect during the term of this Agreement and any extension
thereof, commercial general liability insurance, or self-insurance, with limits of not less
than $2,000,000 single limit coverage per occurrence for bodily injury, personal injury
and property damage.
10. 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’s fees) (hereinafter
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collectively referred to as “claims”) arising out of the negligent performance of this
Agreement, 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, its officers, officials, agents, employees or volunteers.
11. Permits Statutes and Codes. User shall comply with the applicable requirements of
all statutes, acts, ordinances, regulations, codes and standards of all legally constituted
authorities with jurisdiction. User shall obtain or cause to be obtained, at User’s
expense, all permits, approvals, and authorizations required by User’s or other’s actions
pursuant to this Agreement.
12. City’s Right to Inspect. The City may enter any part of the Premises at all reasonable
times 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. In the event of a spill on the
Premises of any authorized or unauthorized materials or products by reason of or
related to the exercise of the rights herein granted to User, User shall immediately
respond to the release, and immediately notify the City, and shall be responsible for the
remediation of such spill and any costs associated therewith. Any remediation shall be
performed in a timely manner in accordance with a plan approved by the appropriate
governmental authority and reasonably acceptable to the City.
14. Default. Either Party may terminate this Agreement at any time it should be determined
that the other Party has defaulted in timely performance of its obligations under this
Agreement. Revocation will be provided by written notice and will be effective after
fifteen (15) days’ notice if such Party fails to correct said default. If the City or User
defaults in the timely performance of its obligations under this Agreement, the Party not
in default (i.e., the prevailing Party) shall be entitled to recover court costs and
reasonable attorneys’ fees, as determined by a court, in any suit or proceeding to
enforce its rights under this Agreement. The foregoing shall not in any way limit or
restrict any right or remedy at law or equity, which would otherwise be available to such
Party in default.
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.
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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 Peoria
Attention: Carin Imig, Community Assistance Manager
8401 West Monroe Street
Peoria, AZ 85345
To User: Maricopa County
Human Services Department
Workforce Development Division
Attn: Assistant Director
234 N Central Ave.
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 consent, which consent may be withheld for any reason.
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, 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.
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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. The City may enter onto the Premises on an as-needed basis, 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. 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.
[Signatures on following pages]
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IN WITNESS WHEREOF, the Parties executed this Agreement as of the last date written
below.
OWNER
CITY OF PEORIA
By: ________________________________
Jeff Tyne, City Manager
ATTEST:
By: __________________________________________
Rhonda Geriminsky, City Clerk Date
APPROVED AS TO FORM:
By: ___________________________________________
Vanessa P. Hickman, City Attorney Date
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2019 by Jeff Tyne, City Manager for the City of Peoria, Arizona, an
Arizona municipal corporation.
Notary Public
My Commission Expires:
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USER
Maricopa County, political subdivision of the State of Arizona
______________________________________
Bill Gates, Chairman, Board of Supervisors
ATTEST: APPROVED as to FORM:
______________________________ ________________________________
Clerk of the Board Date Deputy County Attorney Date
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ATTACHMENT A
ADDENDUM TO THE REVOCABLE LICENSE AGREEMENT
FOR THE USE OF THE COMMUNITY ASSISTANCE RESOURCE CENTER
BETWEEN CITY OF PEORIA AND MARICOPA COUNTY.
6. Agency Exceptions.
A. User will provide Services as outlined in the Scope of Work (Attachment B) on
the following days and times:
i. Mondays 8:00-12:00
ii. Wednesdays 8:00-12:00
1. User understands that if they need to meet with clients outside of
these set times, they may need to reserve additional space.
Availability is on a first come first serve basis.
B. As identified in Exhibit A, User is provided the following workspace/s:
i. Cubicle B
1. User understands that the assigned cubicle may change during the
Agreement period.
C. User shall be provided a two-drawer locking file cabinet in the designated work
space.
i. Storage in Cabinet #3
ii. User shall submit a request to the Owner if additional storage space is
needed.
D. City observed holidays – no use of Premises
January September
New Year’s Day Labor Day
MLK Day
November
February Veterans Day
President's Day Thanksgiving Day
Day After Thanksgiving
May
Memorial Day December
Christmas Eve
July Christmas Day
Independence Day
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ATTACHMENT B
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 Youth program and the
City of Peoria is to provide comprehensive case management for employment
related activities to economically disadvantaged youth 16 through 24 years of age
who may face barriers to staying in school, completing high school, or finding stable
employment. Provide services focused on supporting the youth’s educational and
employment goals with focus on career success for out-of-school youth.
3. Service Description:
3.1 ARIZONA@WORK-Maricopa County Youth program services shall be
provided in accordance with Workforce Innovation Opportunity Act (WIOA)
rules and regulations, the goal is to engage youth in education and/or
employment activities associated with in-demand occupations and career
pathways. Program services shall include the following activities:
3.1.1 Outreach and Recruitment;
3.1.2 Provide program orientation information;
3.1.3 Schedule one-on-one meetings;
3.1.4 Determine service eligibility;
3.1.5 Provide job search assistance;
3.1.6 Provide appropriate support services to enrolled youth;
3.1.7 Deliver case management;
3.1.8 Coordinate service referrals; and
3.1.9 Refer youth who do not meet eligibility requirements to appropriate
agencies for services.
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4. Data Collection
4.1 User shall provide monthly reports to the City’s Neighborhood and Human
Services Department summarizing the total number of clients served on the
Premises based on Attachment C.
4.2 Reports are due on the 15th of each month for the prior month of services
provided.
4.3 Reports shall be provided via email to communityassistance@peoriaaz.gov
5. Operational Contact
Communication and details concerning the Youth Program activities/operations shall
be directed to the following contact representative:
Tina Luke, Youth Program Manager
ARIZONA@WORK Maricopa County
Workforce Development Division
234 N Central Ave, third Floor
Phoenix, AZ 85004
Phone: 602-372-9738
Email: Tina.Luke@maricopa.gov
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