IGA WITH THE CITY OF SURPRISE.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF SURPRISE
Contract #: ________________
Agreement Amount: $41,740.93
Agreement Start Date: July 1, 2017
Agreement Termination Date: June 30, 2020
1.0 PARTIES
Maricopa County (the “County”) by and through its Human Services Department (MCHSD),
Arizona@Work Maricopa County Workforce Development, and the City of Surprise (the “City”) entered
into a financial Intergovernmental Agreement (“Agreement”) on or about ___________ . The County and
the City are collectively referred to herein as the “Parties” and individually as “Party.” The County and
the City are authorized to enter into this Agreement under A.R.S. § 11-952 et seq.
2.0 PURPOSE
The purpose of this Agreement is to integrate the County’s workforce development system into the City’s
Resource Center located at 12425 W Bell Road, Building A, Suite 124, Surprise, AZ 85378. The
Agreement’s goal is to support workforce development and training efforts that will enable City of
Surprise’s employers to attract and retain top talent as well as provide adult and youth job seekers with
Workforce Innovation and Opportunity Act (WIOA) program services within the City’s Resource Center.
Both Parties equally share the funding for the program. The City shall compensate the County on a
monthly basis for program service delivery. The total compensation amount shall not exceed $41,740.93
for the initial Agreement term. The start date of the Agreement is retroactive to July 1, 2017. This
Agreement outlines the responsibilities of each of the Parties for the delivery of workforce development
services.
3.0 BACKGROUND
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 a designated as a Local Workforce Development Area under the federal WIOA.
The County operates two (2) comprehensive Workforce Development One Stop Career Centers
(Centers). The two Centers are located at 1840 n 95th Avenue, #160, Phoenix, AZ 85037 and at 735
N Gilbert Road, Suite 134, Gilbert, AZ 85234. The Centers provide employment-related services to
job-seekers and employers in Maricopa County, in accordance with the WIOA.
3.3 The services provided in the City’s Resource Center will benefit job seekers and employers in the
City of Surprise who cannot travel to access services in the County’s One-Stop-Career Centers.
4.0 TERM OF AGREEMENT
4.1 The initial term of this agreement is July 1, 2017 to June 30, 2018.
4.1 This Agreement shall be effective upon signature by both Parties.
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4.2 The Agreement may be extended for two (2) additional one (1) year terms, upon acceptance and
approval by both Parties. The City must provide notice of intent to renew (60) days prior to the end
of the term.
5.0 PROGRAM SERVICE INTENT
The County’s intent is to house a satellite office in the City of Surprise Resource Center. The intent of the
program is to provide participants:
5.1 Improve their knowledge of career opportunities and improve participant’s skills necessary to enter
or advance in a specific occupation.
5.2 Workshops on job search and job retention skills, assessment tools for measuring interests, aptitude
& skills, career exploration, vocational counseling,
5.3 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.
5.4 Access to other resources such as: computers, fax machines and copiers.
5.5 Opportunities to partake in job fairs when program stage these events for local employers recruiting
employees to fill vacant positions.
5.6 Transition assistance for local employers who experience a reduction in force and, therefore, must
lay-off employees.
5.7 Direct job seekers toward activities that lead to the attainment of a secondary school diploma or its
equivalent.
6.0 RESPONSIBILITIES OF ORGANIZATIONS
6.1 The County will:
a. Assign a full-time County Workforce Development Specialist to act as a business liaison,
trainer, career guidance specialist, and partner in providing assistance within the City’s
Resource Center;
b. Provide computers and equipment for Workforce Development Specialist to fulfill duties.
c. Supervise the Workforce Development Specialist;
d. Maintain an electronic record of participants, services, and results in the Arizona Job
Connection and HSD Online computer systems.
e. Work cooperatively with the City regarding any other programmatic reports that may be
required.
6.1.1 At direction of the County Workforce Development Specialist’s supervisor and to the extent of
available funding:
a. Provide access to and training on Department’s On-line Workforce system;
b. Provide referral and information for career services;
c. Provide WIOA application packets;
d. Engage City of Surprise and West Valley business community in collaboration with Surprise
Economic Development Department;
e. Conduct on-site recruitments;
f. Conduct on-site WIOA Adult/Youth program eligibility, intake and enrollment as needed;
g. Provide curriculum for employability skills workshops and training to City’s staff on
conducting employability skills workshops;
h. Provide assistance in teaching classes at the City’s Resource Center;
i. Work to improve efficiency and effectiveness of workforce
j. Provide assistance in identifying enhancements to existing library programs and services to
support workforce adult and youth programming;
k. Provide business services information;
l. Conduct on-site job fairs; and
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m. Email job announcements on an on-going basis.
6.2 The City will:
a. Provide a work place for the Workforce Development Specialist, 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;
b. Provide internet connection so that users can access Department databases and other related
websites and databases;
c. Work with Department to improve efficiency and effectiveness of workforce services;
d. 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;
e. Provide staff assistance for workforce customers;
f. Provide meeting space and space for job fairs as needed; and
g. Work cooperatively with the County regarding any other programmatic reports that may be
required.
h. Pay invoices as required by this agreement.
7.0 RECORD KEEPING
Participant’s information, including participant’s records shall be kept confidential. At a minimum, the
record for each participant shall include:
7.1 A consent form, which is signed by the participant and the participant’s parent or guardian or
designated representative as appropriate and contains documentation that a verbal explanation has
been provided to the participant.
7.2 A face sheet, which shall include name, address, telephone number, date of birth, person to notify n
case of emergency, referral source, case manager and date of initial contact with participant. All
information on the face sheet shall be updated as necessary in order to keep the information
accurate and timely.
8.0 TERMINATION
8.1 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.
8.2 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.
8.3 This agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
8.4 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
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above methods, this agreement shall terminate upon the expiration of the term of this agreement stated
on the cover page of this agreement.
9.0 PAYMENTS
9.1 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 10 days of receipt of the invoice. The payment shall be submitted to the County’s
Finance Division at the address 234 N Central Avenue, Phoenix, AZ 85004.
9.2 During the term of this Agreement, the maximum compensation due to County from City for any
and all services performed, and the obligations and duties hereunder, shall not exceed
$41,740.93/year as delineated in the Itemized Service Budget, Attachment A.
10.0 AVAILABILTY OF FUNDS
As a designated Local Workforce Development Area, Maricopa County is the recipient of WIOA funds.
Should funding for program activities be reduced for any reason and these 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.
11.0 AMENDMENTS
Any changes to this Agreement shall be carried out in accordance with the following:
10.1 A written amendment, signed by both Parties, to this Agreement shall be required for every
standard purpose listed below and all other purposes;
10.2 Whenever the agreement period is lengthened and/or shortened;
10.3 For any other changes in terms and conditions of this Agreement which the Parties deem
substantial.
12.0 NOTICES
Notifications and communications concerning this Agreement shall be directed to the following:
County:
Tom Colombo, Assistant Director
Workforce Development
Maricopa County Human Services Department
234 N Central Avenue, Suite 3000
Phoenix, AZ 85004
Telephone: 602-372-2733
ColomboT@mail.maricopa.gov
City of Surprise:
Seth Dyson
Human Service & Community Vitality Director
15832 N. Hollyhock Street, Surprise, AZ 85378
Telephone: 623-222-1620, Cell: 480-798-5162
www.surpriseaz.gov
13.0 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.
14.0 SAFEGUARDING OF PARTICIPANT INFORMATION
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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 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
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
6.1 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:
a. 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.
b. 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.
c. Both 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.
6.2 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges
that:
a. 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;
b. 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;
c. 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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d. 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, 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.
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 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.
IN WITNESS THEREOF, the Parties have signed this Agreement:
FOR AND ON BEHALF OF CITY FOR AND ON BEHALF OF MARICOPA
OF SURPRISE: COUNTY:
___________________________________ ___________________________________
Chairman, Board of Supervisors Date
___________________________________
Date
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Attested to:
Attested to:
______________________________________
___________________________________ Fran McCarroll, Clerk of the Board Date
Date
This Agreement has been reviewed by the undersigned legal counsel 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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