IGA WITH TOWN OF WICKENBURG WIOA ACTIVITIES.PDF

Maricopa County — Formal (2018-09-19)

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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
TOWN OF WICKENBURG
Contract #: ________________
Agreement Start Date: July 1, 2018
Agreement Termination Date: June 30, 2020
1.0 PARTIES
This financial Intergovernmental Agreement (”Agreement”) between the Town of Wickenburg
(hereinafter referred to as the “Town”) 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 Town and the County are
collectively referred to herein as the “Parties” and individually as “Party.” The County and the Town
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
Town’s library system to support workforce development and training efforts that will enable
Wickenburg’s employers to attract and retain top talent as well as provide Workforce Innovation and
Opportunity Act (WIOA) program services to eligible adult and youth. Service delivery will be provided
in the Town’s Library located at 164 E Apache St, Wickenburg, AZ 85390 (“Town’s Library”).
2.2 The Town shall compensate the County on a monthly basis for program service delivery. The total
compensation amount shall not exceed $43,122.44 for the period of July 1, 2018 to June 30, 2019.
3.0 BACKGROUND
3.1 The Workforce Innovation and Opportunity Act, 29 U.S.C. § 3101, et seq., Public Law 113-128 (WIOA)
was signed into law on July 22, 2014. 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
skilled workers.
3.2 Maricopa County is a designated Local Workforce Development Area under the federal WIOA. The
County operates two (2) comprehensive Workforce Development One Stop Career Centers
(“Centers”), to provide employment-related services to job-seekers and employers in Maricopa
County. Services provided in the Centers include workshops on job search and job retention skills,
assessment tools for measuring interests, aptitude & skills, career exploration, vocational counseling,
funding assistance for occupational skills training and job placement assistance. Resources such as
computers, fax machines and copiers are available to assist in job search activities. The Centers hold
job fairs for local employers recruiting employees to fill vacant positions. The Centers also provide
transition assistance for local employers who experience a reduction in force and, therefore, must lay-
off employees.
3.3 The Town’s Library will house a satellite office for the County, providing condensed services listed
above. The services provided in the Town’s Library will benefit job seekers and employers who cannot
travel to access services in the County’s Centers.
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4.0 TERM OF AGREEMENT
4.1 After approval by both parties, this Agreement will be retroactive to July 1, 2018 and end on June 30,
2019.
4.2 The Agreement may be extended for three (3) additional one (1) year terms upon acceptance and
approval by both Parties. The Town shall provide written notification of its desire to renew the term
at least sixty (60) days prior to the expiration of the Agreement.
4.3 Any renewal of this Agreement shall be on the same terms, covenants and conditions contained in
this Agreement unless the Parties otherwise agree in writing.
5.0 AMENDMENTS
Any changes to this Agreement shall be carried out in accordance with the following:
5.1 A written amendment, signed by both Parties, to this Agreement shall be required for every standard
purpose listed below and all other purposes;
5.2 Whenever the agreement period is lengthened and/or shortened;
5.3 For any other changes in terms and conditions of this Agreement which the Parties deem substantial.
6.0 RESPONSIBILITIES OF ORGANIZATIONS
6.1 The County will:
6.1.1 Assign a full-time County Workforce Development Coordinator to act as a business liaison, trainer,
career guidance specialist, and partner in providing assistance within the Town’s Library;
6.1.2 Provide computers and equipment for Workforce Development Coordinator to fulfill duties.
6.1.3 Supervise the Workforce Development Coordinator;
6.1.4 The County Workforce Development Coordinator will:
6.1.4.1 Provide access to and training on Department’s HSD On-line Workforce system;
6.1.4.2 Provide referrals and information for career services;
6.1.4.3 Provide WIOA application packets;
6.1.4.4 Conduct on-site WIOA Adult/Youth program eligibility, intake, and enrollment as needed;
6.1.4.5 Provide curriculum for employability skills workshops and training to Town’s Library staff on
conducting employability skills workshops;
6.1.4.6 Provide assistance in teaching classes at the Town’s Library;
6.1.4.7 Work to improve efficiency and effectiveness of workforce;
6.1.4.8 Provide assistance in identifying enhancements to existing library programs and services to support
workforce adult and youth programming;
6.1.4.9 Engage with Wickenburg’s business community;
6.1.4.10 Conduct on-site recruitments;
6.1.4.11 Provide business services information;
6.1.4.12 Conduct on-site job fairs; and
6.1.4.13 Email job announcements on an on-going basis.
6.2 The Town will:
6.2.1 Provide a work place for the Workforce Development Coordinator, which is a secure location to house
all computer(s) and equipment provided by the Department and ensure that the space is locked
whenever the facility is not in use;
6.2.2 Provide internet connection so that users can access Department databases and other related
websites and databases;
6.2.3 Work with Department to improve efficiency and effectiveness of workforce services;
6.2.4 Ensure new workforce customers are registered into the Department information system and
encourage customers to register in the state’s job search database system Arizona Jobs Connections;
6.2.5 Provide staff assistance for workforce customers;
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6.2.6 Provide meeting space and space for job fairs as needed;
6.2.7 Town will work cooperatively with the County regarding any other programmatic reports that may be
required; and
6.2.8 Pay invoices as required by this agreement.
7.0 TERMINATION
7.1 Pursuant to A.R.S. §38-511, the County 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
7.2 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 return receipt requested, to the persons at the addresses set forth on the cover
page of this agreement.
7.3 This agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
7.4 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.
8.0 FUNDS
8.1 The Town 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.
8.2 Subject to ongoing review and possible modifications during the terms of this Agreement, the Town
shall pay the County a monthly amount not to exceed $3,594.
8.3 During the term of this Agreement, the maximum compensation due to the County from the Town for
any and all services performed, and the obligations and duties hereunder, shall not exceed $43,122.44
as delineated in Attachment A.
9.0 AVAILABILTY OF FUNDS
The Parties acknowledge, should funding for program activities be reduced for any reason and these
services are not funded, the County and/or the Town may take any of the following actions: (a) accept
a decrease in services offered by the other Party; or (b) cancel the Agreement.
10.0 NOTICES
Notifications and communications concerning this Agreement shall be directed to the following:
County: Town:
Thomas Colombo, Assistant Director Vince Lorefice, Town Manager
Maricopa County Human Services Department Town of Wickenburg
Workforce Development Division 155 North Tegner Street, Suite A
234 N. Central, Suite 3000 Wickenburg, Arizona 85390
Phoenix, AZ 85004 928-684-5451
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602-506-4146 VLorefice@wickenburgaz.org
Thomas.Colombo@maricopa.gov
11.0 EMPLOYMENT DISCLAIMER
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.
12.0 SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any 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 Town and its agents shall
safeguard the confidentiality of this information, just as it would safeguard its own confidential
information.
13.0 GENERAL INDEMNIFICATION
The Town (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the County (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.
14.0 GENERAL LIABILITY INSURANCE EXCEPTION
The Parties are public entities, therefore, the Insurance Policy requirements shall not apply. Instead
The Parties shall provide to the other Party a Certificate of Self- Insurance equal to:
General Aggregate $3,000,000
Each Occurrence Limit $1,000,000
15.0 COMPLIANCE WITH APPLICABLE LAWS
The Parties 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:
15.1 Equal Opportunity & Nondiscrimination:
15.1.1 Both Parties shall comply with WIOA Section 188 and 29 CFR Part 38 nondiscrimination requirements
in the administration and operation of programs, activities, and employment.
15.1.2 Both Parties shall not discriminate upon the basis of race, color, creed, religion, Sex (including
pregnancy, childbirth or related medical conditions, sex stereotyping, transgender status (gender
expression and gender identity)), national origin (including Limited English Proficiency (LEP)), age,
disability, political affiliation or belief, citizenship/status as a lawfully admitted immigrant authorized
to work in the United Stated, and participation in any WIOA Title I financial assisted program or activity.
15.2 The Parties warrant compliance with A.R.S. § 41-4401 and further acknowledges that:
15.2.1 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;
15.2.2 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;
15.2.3 The Parties 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;
15.2.4 That nothing herein shall make the Town or its agents or employees of the County.
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16.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY
EXCLUSION
The Town certifies to the best of its knowledge and belief, that it and its directors, officers and agents:
16.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
16.2 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;
16.3 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
16.4 Have not within a three-year period had one or more public transactions (Federal, State, or local)
terminated for cause or default.
17.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
17.1 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.
17.2 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. 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. 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.
17.3 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.
[Signatures on following page]
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IN WITNESS THEREOF, the Parties have signed this Agreement:
FOR THE TOWN OF WICKENBURG: FOR MARICOPA COUNTY:
_________________________________ ___________________________________
John H. Cook, Mayor Steve Chucri, Chairman, Board of Supervisors
Attested to: Attested to:
______________________________________ ______________________________________
Gloria Leija, Town Clerk Date Fran McCarroll, Clerk of the Board Date
This Agreement has been reviewed by the undersigned legal counsel for the County and the Town 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: By:
_____________________________________ _______________________________________
Kelly Y. Schwab, Town Attorney Date Deputy County Attorney Date
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ATTACHMENT A
ITEMIZED SERVICE BUDGET
Contract Period: 07/1/2018 - 06/30/2019
CONTRACT SERVICE: ARIZONA@WORK Workforce Development AGENCY: Town of Wickenburg
Town of
Total Annual
Wickenburg
Cost
Town of Wickenburg covers 50% of FTE costs Cost
Total Personnel - 1 FTE @ $22.90/hr * 2080 total hours $ 47,632.00 $ 23,816.00
Maricopa County Merit Pay Increase for FY2019 - 2.5% $ 1,190.80 $ 595.40
Total Employee Related Expenses - ¹ERE = 19.45% + $11,856 $ 21,352.03 $ 10,676.02
Total Indirect Cost - ²22.9% $ 16,070.04 $ 8,035.02
Subtotal $ 86,244.87 $ 43,122.44
Total Annual Cost for the Town of Wickenburg $ 43,122.44
¹ Based on 2019 FICA, Retirement, Unemployment Compensation, Worker's Compensation, Liability Insurance, Health/Dental/Life
Insurance, and Dependent Care Assistance
² Maricopa County Indirect Rate as allowed by Title 2 CFR Subpart E §200.414.
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