LICENSE AGREEMENT WITH TEMPE COMMUNITY ACTION AGENCY.PDF

P-50388
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LICENSE AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
TEMPE COMMUNITY ACTION AGENCY, INC.
Agreement Start Date: July 1, 2019
Agreement Term Date: June 30, 2020
1.0 PARTIES
This non-financial License Agreement (“Agreement”) is entered into between Tempe
Community Action Agency, Inc., an Arizona non-profit corporation (hereinafter referred to as
“TCAA”) and Maricopa County, a political subdivision of the state of Arizona (hereinafter
referred to as the “County”). TCAA and the County shall be referred to as the “Parties” and
individually as the “Party”.
2.0 PURPOSE AND USE
2.1 The County will place a County Human Services Department Workforce Development
Division employee as a Workforce Development Coordinator (“Coordinator”) to the
TCAA at their office located at 2146 East Apache Boulevard, Tempe, AZ 85281, (the
“Premises”) as depicted in Exhibit A, attached hereto and incorporated herein. TCAA
shall provide to the County, at no cost, a location within the Premises for the
Coordinator. The Coordinator will provide assistance to TCAA’s clients that may be
seeking employment opportunities, training, assistance with resumes and enrollment in
Workforce Innovation and Opportunity Act (“WIOA”) program activities.
2.2 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.
2.3 TCAA shall refer clients to the Coordinator for assistance with WIOA activities.
2.4 Coordinator shall refer individuals to TCAA for assistance, which may include:
rent/mortgage assistance, utility assistance and food security as appropriate.
3.0 TERM AND TERMINATION
3.1 The term of this Agreement shall commence July 1, 2019 and expire June 30, 2020 and
shall be effective upon approval and signature by both Parties. The Agreement may be
extended for two (2) additional 1-year terms, upon mutual written agreement by both
Parties.
3.2 This Agreement is subject to cancellation in accordance with the provisions of A.R.S. §
38-511.
3.3 Either Party may terminate this Agreement at any time for any reason or for no reason,
with sixty (60) days’ notice in writing to the other Party.
3.4 County may terminate this Agreement at the end of any fiscal year due to reduction in
funds or non-appropriation of funds without any penalty or liability to TCAA. Maricopa
County and State of Arizona fiscal years end June 30, Federal fiscal year ends
September 30.TCAA and/or any of its employees, agents, officers, directors, members,
successors or assigns hereby waives any and all rights to bring any claim against
County or its employees, agents, officers, directors, members, successors or assigns
from or relating in any way to the terminating Party’s termination of this Agreement
pursuant to these Sections 3.2, 3.3 and 3.4.
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4.0 PREMISES
4.1 TCAA has designated cubicle “B” as space to be utilized by the Coordinator, within the
Premises, as depicted in Exhibit A, attached hereto and incorporated herein.
4.2 Access to the Premises shall be limited to: Monday – Friday 8:00 am – 5:00 pm
excluding the following days when the Premises will be closed:
New Year’s Day Memorial Day Veteran’s Day
Martin Luther King Day Independence Day Thanksgiving Day
Presidents’ Day Labor Day Friday after Thanksgiving Day
Cesar Chavez Day Columbus Day Christmas Day
4.3 If the Coordinator requires the use of space to conduct confidential interviews or to
provide case management services, the Coordinator shall request the use of office
space from the TCAA Director of Operations.
4.4 The County shall be responsible for supplying all equipment and materials and supplies
to perform program activities.
4.5 TCAA shall, at no cost to County:
4.5.1 Provide an area where County property may be secured when not in use;
4.5.2 Provide access to internet connection
4.5.3 Provide access to printers/copiers
4.5.4 Provide access to phones
5.0 DATA COLLECTION
5.1 County shall provide monthly reports to the TCAA summarizing the following descriptive
statistics:
5.1.1 Number of clients screened for vocational training,
5.1.2 Number of clients enrolled in WIOA funded vocational training, and
5.1.3 Number of vocational training outcomes/completions.
5.1.4 Employment Outcomes Metrics
5.1.5 Services Provided Metrics
5.2 Reports are due on the 5th of each month for the prior month of services provided.
5.3 Reports shall be provided via email to juliets@tempeaction.org
6.0 BACKGROUND SCREENING POLICY
The County is concerned about the safety of its staff and the protection of its assets and
reputation. To reduce these risks, TCAA understands that the County has completed
background screenings for each staff member that will work on the Premises. The County shall
provide TCAA a written letter confirming that background screenings and finger print clearances
have been completed on all staff assigned to work on the Premises. Confirmation shall be
provided to TCAA no later than 10 business days after the Agreement has been fully executed.
The County shall notify TCAA if there is a change in staff that will be located on the Premises.
Notification shall be provided within ten (10) business days of work assignment of new staff.
7.0 AMENDMENTS
Changes to this Agreement must be made by written amendment, approved and signed by both
Parties.
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8.0 NOTICES
All Notices required herein and communications concerning this Agreement shall be given by
personal delivery or US Certified Mail and directed to the following:
County: TCAA:
Maricopa County Juliet Armstrong Starkey, Director of
Tom Colombo, Assistant Director Operations
Workforce Development Division 2146 East Apache Blvd
234 N. Central, Suite 3000 Tempe, AZ 85281
Phoenix, AZ 85004 480-422-8922 ext. 5886
602-506-4146 juliets@tempeaction.org
Tom.Colombo@maricopa.gov
With a copy to:
Maricopa County Real Estate Dept.
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
9.0 EMPLOYMENT DISCLAIMER
9.1 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.
9.2 The Parties agree that no individual performing activities under this Agreement on behalf
of the County is to be considered a TCAA employee, and that no rights of TCAA
employment, retirement, or pursuant to TCAA personnel rules shall accrue to such
individual.
9.3 The Parties agree that no individual performing activities under this Agreement on behalf
of the TCAA is to be considered a County employee, and that no rights of County civil
service, County retirement, or County personnel rules shall accrue to such individual.
9.4 Each Party shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workman's compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto, if applicable, concerning their respective employees and shall save
and hold the other Party harmless with respect thereto.
10.0 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 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.
11.0 GENERAL LIABILITY INSURANCE
11.1 TCAA acknowledges that County is self-insured. TCAA shall provide the County with a
Certificate of Insurance within 10 business days after full execution of this Agreement.
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12.0 COMPLIANCE WITH APPLICABLE LAWS
12.1 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:
12.1.1 Unless exempt under Federal law, both 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. Both 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. Both Parties shall comply with the
requirements of the Fair Labor Standards Act of 1938, as amended.
12.1.2 Both 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. Both 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.
12.1.3 Neither Party shall 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.
13.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
13.1 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.
13.2 By entering into this Agreement, both 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. Both 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. Both 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.
13.3 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 any
and 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.
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14.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
14.1 TCAA certifies to the best of its knowledge and belief, that it and its directors, officers
and agents:
14.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
14.1.2 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;
14.1.3 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
Have not within a three-year period had one or more public transactions
(Federal, State, or local) terminated for cause or default.
*************************************************************************************************************
[Signature page follows]
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IN WITNESS THEREOF, the Parties have signed this Agreement:
TEMPE COMMUNITY ACTION MARICOPA COUNTY:
AGENCY, INC.:
____________________________________ _____________________________________
Deborah Arteaga, Chief Executive Officer Bill Gates, Chairman, Board of Supervisors
____________________________________ ATTEST:
Date
_____________________________________
Clerk of the Board Date
APPROVED as to FORM:
_____________________________________
Deputy County Attorney Date
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Exhibit A
Premises
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