CITY OF AVONDALE IGA YOUTH CENTER .PDF

Maricopa County — Formal (2015-12-09)

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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
THE CITY OF AVONDALE
This intergovernmental agreement (this “Agreement”) is entered into as of December 2,
2013, between the City of Avondale, an Arizona municipal corporation (the “City”) and
Maricopa County, Arizona, a political subdivision of the State of Arizona (the “County”) acting
by and through the Maricopa County Human Services Department, Maricopa Workforce
Connections (the “MWC”). The County, MWC and the City may be referred to herein
individually as a “Party” and collectively as the “Parties.”
RECITALS
A. The City owns and operates property located at 124 South 4th Street (the
“Center”).
B. MWC desires to utilize the Center to provide youth program services as funded
by the Workforce Investment Act (the” Program”).
C. The City and MWC desire to work collaboratively with various other
organizations to expand the array of services offered to youth in the west valley.
D. MWC and the City are authorized to enter into this Agreement pursuant to Ariz.
Rev. Stat. § 11-952 and 11-952.
E. The City and MWC desire to enter into this Agreement to establish the Parties’
rights and obligations with respect to MWC’s use of the Center to provide Program services.
AGREEMENT
NOW, THEREFORE, in consideration for going recitals which are incorporated herein
by reference, the following mutual covenants and conditions and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1. Term. This Agreement shall be effective as of the date first set forth above and
shall remain in full force and effect until December 2, 2014 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this
Agreement may be renewed for up to four successive one-year terms (each, a “Renewal Term”)
if (i) it is deemed in the best interests of the City, subject to availability and appropriation of
funds for renewal in each subsequent year, (ii) at least 30 days prior to the end of the then-
current term of the Agreement, MWC requests, in writing, to extend the Agreement for an
additional one-year term and (iii) the City approves the additional one-year term in writing, as
evidenced by the City Manager’s signature thereon, which approval may be withheld by the City
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for any reason. MWC’s failure to seek a renewal of this Agreement shall cause the Agreement to
terminate at the end of the then-current term of this Agreement; provided, however, that the City
may, at its discretion and with the agreement of MWC, elect to waive this requirement and renew
this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as
the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force
and effect.
2. Center Usage. MWC may use the Center to provide Program services as provided
in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. MWC
shall have access to the Center during the designated hours as determined by the City and MWC.
MWC’s use of the Center shall not interfere with the City’s use of the Center or the use of the
Center by any other City-authorized user.
3. MWC Obligations. MWC shall:
3.1 Staffing. Ensure that MWC staff are available to conduct the Program
services at the Center. MWC staff providing Program services at the Center shall obtain Kids at
Hope Module I and Module II training.
3.2 Materials. Provide and maintain, at its sole cost and expense, all
equipment and materials necessary to conduct the Program services at the Center, including all
software; including operating systems, VOIP phones, copiers, fax machines and printers and any
other items required for Program operations. MWC shall be responsible for maintaining and
securing all MWC property located at the Center. The City shall not be liable for the loss of or
damage to any MWC equipment or materials.
3.3 Information Technology. Pay for all costs and expenses incurred in
establishing a network system and maintaining a wireless connection (a “Network”) at the Center
for Program use. MWC Information Technology staff shall consult and coordinate with the City
Information and Technology Department prior to installing or operating a Network at the Center.
3.4 Expenses. Pay the City for all utility and janitorial service costs incurred
by the City for MWC’s use of the Center (the “MWC Expenses”). MWC shall pay the City
within 30 days of receipt of an invoice from the City for the MWC Expenses.
3.5 Program Participants. Provide opportunities for the City’s Next STEP
program participants to receive work-readiness training at the Center.
3.6 Jointly Develop Partnerships. Jointly develop with the City partnerships
with City and County departments, educational institutions, corporations, non-profits and other
organizations to participate in Program activities.
4. City Obligations. The City shall:
4.1 City Liaison. Identify a City staff member to serve as the point of contact
for MWC.
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4.2 Furniture. Provide MWC with use of City furniture located at the Center.
The City has no obligation to provide equipment or materials to the Program, except as otherwise
specifically set forth in this Agreement.
4.3 Training. Provide Kids at Hope Module I and Module II training to MWC
staff.
4.4 Jointly Develop Partnerships. Jointly develop with MWC partnerships
with City and County departments, educational institutions, corporations, non-profits and other
organizations to participate in Program activities.
5. Maintenance. MWC shall maintain the Center and all City property located
therein in good condition. The City shall provide general maintenance to the Center to maintain
the Center in good condition for MWC use. MWC shall be responsible for all costs associated
with making any repairs to the Center and any City property for damage caused thereto during
MWC’s use. Upon termination of this Agreement, MWC shall, at its sole cost and expense
restore the Center and all City property therein to good condition, normal wear and tear
excepted.
6. Capital and Operating Expenditures; Budget. Nothing in this Agreement shall be
construed as committing the City to incur capital expenditures for equipment, facilities, or
otherwise or to incur expenses not expressly set forth in this Agreement.
7. Termination; Cancellation
7.1 Conflict of Interest. This Agreement is subject to cancellation in
accordance with the provisions of ARIZ. REV. STAT. § 38-511.
7.2 For Convenience. Either Party may terminate this agreement at any time,
with sixty (60) days notice in writing to the other Party. Such notice shall be given by personal
delivery or by registered or certified mail.
7.3 Availability of Funds. This Agreement is subject to the provisions of
ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The Parties shall be the sole
judge and authority in determining the availability of funds necessary for the operations of this
Agreement and shall keep the other Party fully informed as to the availability of funds for this
Agreement. he obligations of the Parties to make any payment pursuant to this Agreement, if
any, is a current expense of such Party, payable exclusively from such annual appropriations, and
is not a general obligation or indebtedness either Party. If the Parties’ governing bodies fail to
appropriate money sufficient to pay the amounts as set forth in this Agreement during any
immediately succeeding fiscal year, this Parties may accept a decrease in the Program services
offered or terminate this Agreement at the end of then-current fiscal year and the Parties shall be
relieved of any subsequent obligation under this Agreement.
8. Safeguarding of Participant Information. The use or disclosure by any Party of any
information concerning an applicant for, or recipient of, Program services under this Agreement is
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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
9. Insurance. Each Party agrees to secure and maintain insurance coverage for any
and all risks that may arise out of the terms, obligations, operations and actions as set forth in this
Agreement, including but not limited to public entity insurance. The acquisition of insurance or
the maintenance and operation of a self-insurance program may fulfill the insurance requirement.
10. General Indemnification. To the fullest extent permitted by law, each Party shall
indemnify, defend and hold harmless the other Party and each council/board member, officer,
employee or agent thereof (the Party being indemnified and any such person referred to herein as
an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities,
costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the
costs of appellate proceedings) to which any such Indemnified Party may become subject, under
any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect
thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional
misconduct, errors, mistakes or omissions in connection with use of the Center by the other
Party, its officers, employees, agents, or any tier of subcontractor in the performance of this
Agreement. The amount and type of insurance coverage secured by the indemnifying Party will
in no way be construed as limiting the scope of the indemnity in this Section.
11. Employment Disclaimer. The Parties acknowledge and agree that the services
provided under this Agreement are being provided by each Party as an independent contractor,
not as an employee or agent of the other Party, except as provided in subsection 14.6. Each
Party, its employees and subcontractors are not entitled to workers’ compensation benefits from
the other Party. The Parties do not have the authority to supervise or control the services
provided under this Agreement by the other Party, its employees or subcontractors. Each Party
shall determine the time of its performance of the services provided under this Agreement
subject to the requirements set forth herein. The Parties do not intend to nor will they combine
business operations under this Agreement.
12. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion. The City certifies to the best of its knowledge and belief, that it and its council
members, directors, officers and agents (i) are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal
department or agency; (ii) 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; (iii) 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 (iv) have not within
a three-year period had one or more public transactions (federal, state, or local) terminated for
cause or default.
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13. Federal Immigration and Nationality Act. 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 inspection of personnel records to verify such compliance. 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 County Procurement Officer upon request.
These warranties shall remain in effect through the term of this 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 this Agreement. I-9 forms are available for download at USCIS.GOV.
The Parties may request verification of compliance for any employee or subcontractor
performing work under this Agreement. Should either Party suspect or find that the other Party
or any of its subcontractors are not in compliance, the Party may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of this 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.
14. Miscellaneous.
14.1 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the Parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby 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, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain
meaning, and no presumption shall be deemed to apply in favor of, or against the Party drafting
this Agreement. The Parties acknowledge and agree that each has had the opportunity to seek
and utilize legal counsel in the drafting of, review of, and entry into this Agreement.
14.2 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid or unenforceable by a court of competent
jurisdiction shall not affect any other provision or application of this Agreement which may
remain in effect without the invalid provision or application.
14.3 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the City and
the County. A written amendment, shall be required whenever the Agreement period is
lengthened or shortened and for any other changes in terms and conditions of this Agreement
which the Parties deem substantial.
14.4 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
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14.5 Notices and Request. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (A) delivered to the Party at the address set forth below, (B) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below or (C) given
to a recognized and reputable overnight delivery service, to the address set forth below:
If to the City: City of Avondale
11465 West Civic Center Drive
Avondale, Arizona 85323
Attn: Charles P. McClendon, City Manager
With copy to: GUST ROSENFELD, P.L.C.
One East Washington Street, Suite 1600
Phoenix, Arizona 85004-2553
Attn: Andrew J. McGuire, Esq.
If to the County: Maricopa County Human Services Department
234 North Central, 3rd Floor
Phoenix, Arizona 85004
Attn: Patricia Wallace
14.6 Worker’s Compensation. An employee of either Party shall be deemed to
be an “employee” of both public agencies while performing pursuant to this Agreement solely
for purposes of ARIZ. REV. STAT. § 23-1022 and the Arizona Workers’ Compensation laws. The
primary employer shall be solely liable for any workers’ compensation benefits, which may
accrue. Each Party shall post a notice pursuant to the provisions of ARIZ. REV. STAT. § 23-1022
in substantially the following form:
“All employees are hereby further notified that they may be required to
work under the jurisdiction or control or within the jurisdictional
boundaries of another public agency pursuant to an intergovernmental
agreement or contract, and under such circumstances they are deemed by
the laws of Arizona to be employees of both public agencies for the
purposes of worker’s compensation.”
14.7 Assignment; Delegation. No right or interest in this Agreement shall be
assigned by a Party to this Agreement without prior, written permission of the other Party signed
by its persons duly authorized to enter into contracts on behalf of the Parties, and no delegation
of any duty of any Party shall be made without prior, written permission of the other Party signed
by its persons duly authorized to enter into contracts on behalf of the Parties. Any attempted
assignment or delegation by either Party in violation of this provision shall be a breach of this
Agreement.
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14.8 Subcontracts. No subcontract shall be entered into with any other party to
furnish any of the services specified herein without the prior written approval of the Parties to
this Agreement.
14.9 Attorneys’ Fees. In the event either Party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing Party shall be entitled to receive from the other Party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which
shall be deemed to have accrued on the commencement of such action and shall be enforced
whether or not such action is prosecuted through judgment.
14.10 Compliance with Applicable Laws. Each Party shall comply with all
applicable laws, ordinances, executive orders, rules, regulations, standards, and codes of the
federal, state, and the City whether or not specifically referenced herein. 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. 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.
14.11 E-Verify. Both Parties warrant that it is in compliance with Ariz. Rev.
Stat. § 41-4401 and further acknowledge that (i) its subcontractors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to their employees and
their compliance with Ariz. Rev. Stat. § 23-214(A), (ii) 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 this Agreement, (iii) the contracting government entity 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 agree to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an inspection and
(iv) nothing herein shall make the City or its agents or employees of the contracting government
entity.
14.12 Counterparts. This Agreement may be executed in any number of
counterparts, all such counterparts shall be deemed to constitute one and the same instrument,
and each of said counterparts shall be deemed original hereof.
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14.13 Captions. Captions and section headings used herein are for convenience
only and are not a part of this Agreement and shall not be deemed to limit or alter any provisions
hereof and shall not be deemed relevant to construing this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
CITY OF AVONDALE MARICOPA COUNTY
Charles P. McClendon, City Manager Chairman, Board of Supervisors
Date Date
Attested to: Attested to:
Carmen Martinez, City Clerk Fran McCarroll, Clerk of the Board
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.
This day of , 2013 This day of , 2014
Andrew J. McGuire, City Attorney Attorney for County
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Exhibit A
Maricopa Workforce Connections
Youth Services Program
Scope of Work
Background
The Workforce Investment Act of 1998 (WIA) provides workforce investment activities through
statewide and local workforce investment systems and includes three funding streams to make
services available to adults, dislocated adults, and youth. Youth workforce investment activities
are intended to provide youth development services for economically disadvantaged youth 14
through 21 years of age who may face barriers to staying in school, completing high school or
finding stable employment. The County is one of twelve local workforce areas within the State
of Arizona. The statewide system, known as Arizona Workforce Connections (AWC) is overseen
by the Workforce Arizona Council (WAC). AWC is the “brand” adopted by the WAC for the
statewide system. Maricopa Workforce Connections (MWC), an affiliate of AWC, is
administered by the Maricopa County Human Services Department (MCHSD) Workforce
Development Division and is the local workforce area for Maricopa County, excluding the City
of Phoenix. The Department is the recipient of WIA funds. The MWC youth program services
are funded through WIA.
Mission and Vision
The mission of the MWC Youth Program (the “Program”) is to create and improve academic,
occupational, and civic opportunities for youth to succeed by providing comprehensive, quality
support for their transition from experiential adolescence to competent adulthood. The Program’s
vision is to empower the emerging and growing generation to achieve life-long success,
contributing to the overall well-being of their community.
Center Use and Staffing
The Center will serve as a comprehensive MWC Youth Center for the southwestern section of
Maricopa County. A MWC Youth Career Guidance Specialist (YCGS) will be based at the
Center to conduct outreach, eligibility and case management services to youth. The Center will
house a computer lab and a multi-purpose classroom. These rooms will be used to provide onsite
GED classes, tutoring, assessments, pro-social activities, various workshops and specialized
training.
Program Services
The Program provides a full range of services such as:
• Opportunities for eligible youth in activities related to leadership development, decision-
making, citizenship, and community service;
• Involvement of employers and links to local labor markets with emphasize on high-
demand, high-growth occupations in Maricopa County;
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• Ensure on-going mentoring opportunities for eligible youth with adults committed to
providing such opportunities;
• Opportunities for occupational skills training to eligible youth;
• Youth services such as internships and work experiences in high-demand, high-growth
occupations;
• Continued supportive services for eligible youth; and
• Incentives for recognition and achievement to eligible youth
Youth programming shall achieve the goal of assisting youth in making a successful transition to
employment and further education. A wide range of activities and services will be available to
assist youth, especially at-risk youth, in making a successful transition to adulthood.
Local Program Services
The Program and activities and services provided at the Center shall consist of:
• Outreach and Recruitment
• Eligibility Determination/Intake/Assessment
• Program Enrollment
• Development of an Individual Service Strategy (ISS – employment/education plan)
• Case Management – Coordination of services
• Supportive Services
• Program Completion – Follow-up and Retention Services
WIA mandates that the Program make 10 service elements available to both In-School and Out-
of-School Youth. The ten Program elements will be provided to youth, as needed. An In-School
Youth is defined as a youth 14 to 21 year of age who has not received a diploma or its equivalent
and is attending school (including alternative school). An Out-of-School Youth is defined as a
youth ages 16 to 21 who is a high school dropout (including alternative school) who has not
received a secondary school diploma or its equivalent or is a high school graduate (attained
diploma/ equivalent) and is basic skill deficient, unemployed, or underemployed.
WIA Program Elements:
1. Tutoring, study skills training and instruction leading to secondary school completion,
including dropout prevention strategies
2. Alternative secondary school
3. Summer Employment
4. Paid and unpaid work experience
5. Occupational skill training
6. Leadership development
7. Supportive services
8. Adult mentoring
9. Follow-up Services
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10. Comprehensive guidance and counseling, as well as referrals to counseling, as
appropriate to the needs of the individual youth
In addition, specialized services will be provided, as needed, to include: parenting classes,
pregnancy postponement, diversion services, mentoring, specialized counseling for behavioral,
substance abuse, etc.
Program Eligibility
Youth served under the Program must meet the following criteria:
• Reside within the service area – Maricopa County, outside of the City of Phoenix
• Low-income as defined by WIA;
• Ages of 14 through 21 at the time of registration;
• Legal citizen or resident of the US with the right to work;
• Be registered for Selective Service, as appropriate; AND
• Have at least one of the following barriers (i) deficient in basic literacy skills (reading,
math, or language below the 8th grade level), (ii) homeless, runaway, or foster child, (iii)
pregnant or parenting, (iv) dropout, (v) offender or (vi) an individual who requires
additional assistance to complete an educational program or to secure and hold
employment. Individuals who are defined “at-risk” by MWC based upon assessment of
skill needs, barriers, and /or referral from Juvenile Justice Court System, Program
providers, or local education agencies.
All eligible youth will undergo a preliminary assessment to determine their ability to benefit
from program services, identify academic abilities, employment skills, interests, aptitudes,
attitudes towards work, motivation, behavioral patterns affecting employment potential,
supportive service needs, family situation and barriers to employment. The goal is to accurately
evaluate the youth in order to develop a customized, Individual Service Strategy (ISS) to meet
his/her individual needs.
The YCGS will develop and implement an ISS with each participant. Through the ISS
development, the YCGS will guide the participant through a process to identify educational/
employment goals and specific solutions and activities that will enable the participant to reach
the identified goals.
Program Hours
Services for In-School Youth will be provided after school hours and may include: tutoring,
study skills, career exploration, life skills, financial literacy, work readiness and pro-social
activities such as arts, sports, robotics, and entrepreneurial activities.
Services for Out-of-School Youth include those listed above will be provided as designated by
the Program and may include: paid/unpaid work experience, job shadowing, job and career fairs,
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college/apprenticeship tours, alternative secondary school or GED classes, and instruction on
applying for federal financial aid programs and scholarships.
Some of the services will be provided in group settings, such as after school activities, job
readiness workshops and life skills training. These “cohorts” will help develop interpersonal
skills, teamwork and promote a supportive atmosphere.
Youth that have completed the program will continue to work with their YCGS for up to 12
months following the completion of the program. Post program support will include monthly
contact, community referrals, job referrals, and support services to assist the youth in achieving
their educational and employment goals.
Special Events
Youth alumni meetings will be held at the Center to provide support for youth that has completed
the Program. Alumni meetings will provide an opportunity for youth to come together to share
their individual experiences, successes, information regarding potential job opportunities and
community resource information.
Guest speakers will be scheduled throughout the Program year to discuss a variety of
employment, educational and youth related topics. In addition, the Center will be used to host
larger events such as job fairs, career fairs, and a variety of social events.
Operational Contacts
Communication and details concerning the operations of the Program shall be directed to the
following contact representatives:
Patricia Wallace, Assistance Director Chris Lopez
Maricopa Workforce Connections Youth Development
Maricopa County City of Avondale
234 N. Central, Suite 3000 1007 South 3rd Street
Phoenix, Arizona 85004 Avondale, Arizona 85323
(602) 506-4146 (602) 333-2700
wallacep001@mail.maricopa.gov clopez@avondale.org
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