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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND TOWN OF WICKENBURG Contract #: ________________ Agreement Amount: $32,571 Agreement Start Date: October 1, 2015 Agreement Termination Date: June 30, 2016 1.0 PARTIES This financial Intergovernmental Agreement (IGA) between the Town of Wickenburg (Town) and Maricopa County (County), administered by its Human Services Department, Workforce Development Division (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 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 adult and youth with Workforce Innovation and Opportunity Act (WIOA) program service delivery within the Town’s Library located at 164 E Apache St, Wickenburg, AZ 85390 (“Town’s Library”). The Town shall compensate the County on a monthly basis for program service delivery. The total compensation amount shall not exceed $32,571 for the period of October 1, 2015 to June 30, 2016. 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 of 2014, 29 U.S.C. § 3101, et seq., Public Law 113-128 (WIOA) was signed into law by President Barack Obama 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 the skilled workers they need to compete in the global economy. 3.2 WIOA replaces and supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973. In general, the WIOA became effective on July 1, 2015, the first full program year after enactment, unless otherwise noted. 3.3 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) under WIOA. The Centers provide employment-related services to job-seekers and employers in Maricopa County, in accordance with the WIOA. 3.4 The Centers provide services to job seekers such as 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. 3.5 The Town’s Library will house a satellite office for the County. 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. 4.0 TERM OF AGREEMENT 4.1 The term of this agreement is from October 1, 2015 until June 30, 2016. 4.2 This Agreement shall be effective upon signature by both Parties. Page 1 of 5 4.3 The Agreement may be extended for two (2) additional one (1) year terms, upon acceptance and approval by both Parties. The Town must provide notice of intent to renew (60) days prior to the end of the term. 5.0 RESPONSIBILITIES OF ORGANIZATIONS 5.1 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 Town’s Library; b. Provide computers and equipment for Workforce Development Specialist to fulfill duties. c. Supervise the Workforce Development Specialist; d. At direction of the County Workforce Development Specialist’s supervisor and to the extent of available funding: i. Provide access to and training on Department’s On-line Workforce system; ii. Provide referral and information for career services; iii. Provide WIOA application packets; iv. Engage Wickenburg business community; v. Conduct on-site recruitments; vi. Conduct on-site WIOA Adult/Youth program eligibility, intake and enrollment as needed; vii. Provide curriculum for employability skills workshops and training to Town’s Library staff on conducting employability skills workshops; viii. Provide assistance in teaching classes at the Town’s Library; ix. Work to improve efficiency and effectiveness of workforce x. Provide assistance in identifying enhancements to existing library programs and services to support workforce adult and youth programming; xi. Provide business services information; xii. Conduct on-site job fairs; and xiii. Email job announcements on an on-going basis. 5.2 The Town 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. Town will work cooperatively with the County regarding any other programmatic reports that may be required. h. Pay invoices as required by this agreement. 6.0 TERMINATION 6.1 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 6.2 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. Page 2 of 5 6.3 This agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. 6.4 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. 7.0 FUNDS 7.1 This Agreement is funded as indicated on the Itemized Service Budget, Attachment A. 7.2 Subject to ongoing review and possible modifications during the terms of this Agreement, Town shall pay County monthly an amount not to exceed $3,619 per month, based on County submitting a monthly invoice. 7.3 During the term of this Agreement, the maximum compensation due to County from Town for any and all services performed, and the obligations and duties hereunder, shall not exceed $32,571 as delineated in the Itemized Service Budget, Attachment A. 8.0 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 Town may take any of the following actions: (a) accept a decrease in services offered by the other Party; or (b) cancel the Agreement. 9.0 AMENDMENTS Any changes to this Agreement shall be carried out in accordance with the following: 9.1 A written amendment, signed by both Parties, to this Agreement shall be required for every standard purpose listed below and all other purposes; 9.2 Whenever the agreement period is lengthened and/or shortened; 9.3 For any other changes in terms and conditions of this Agreement which the Parties deem substantial. 10.0 NOTICES Notifications and communications concerning this Agreement shall be directed to the following: County: Town: Patricia Wallace, Assistant Director Joshua Wright, Town Manager Maricopa County Human Services Department Town of Wickenburg 234 N. Central, Suite 3000 155 North Tegner Street, Suite A Phoenix, AZ 85004 Wickenburg, Arizona 85390 602-506-4146 928-684-5451 wallacep001@mail.maricopa.gov jwright@wickenburgaz.org 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 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. Page 3 of 5 14.0 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 15.0 COMPLIANCE WITH APPLICABLE LAWS 15.1 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. 15.2 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; d. That nothing herein shall make the Town or its agents or employees of the County. 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 Page 4 of 5 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, 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. 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. IN WITNESS THEREOF, the Parties have signed this Agreement: FOR AND ON BEHALF OF THE TOWN OF FOR AND ON BEHALF OF MARICOPA WICKENBURG: COUNTY: _________________________________ ___________________________________ John H. Cook, Mayor Steve Chucri, Chairman, Board of Supervisors _________________________________ ___________________________________ Date Date 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: _______________________________________ Kelly Y. Schwab, Town Attorney Date Legal Counsel for Maricopa County Date Page 5 of 5