PPEP LICENSE AGREEMENT P50233 FULLY EXECUTED.PDF

LICENSE AGREEMENT
FOR
USE OF REAL PROPERTY
BY
PORTABLE, PRACTICAL, EDUCATIONAL PREPARATION, INC.
License No. (P50233)
/4.-0/ j L-oo
THIS LICENSE AGREEMENT (the "License") is effective as of July 1, 2013, and is by and
between Maricopa County, a political subdivision of the State of Arizona, hereinafter referred to
as "Licensor" and Portable, Practical, Educational Preparation, Inc. (PPEP), hereinafter referred
to as "Licensee" or "Agency. - Licensor and Licensee shall collectively be referred to as the
"Parties".
RECITALS
WHEREAS, Licensor operates the Maricopa Workforce Connections One-Stop Career Centers
(the "Facilities"): West Valley One-Stop Career Center ("Facility 1") located at I 840 N. 95th Ave
#160 Phoenix, AZ 85037 and East Valley One-Stop Career Center ("Facility 2") located at 735
North Gilbert Road, Suite 134, Gilbert, Arizona 85234 ("Facility 1" and "Facility 2" shall
collectively be referred to herein as the "Facility" or the "Facilities"); and
WHEREAS, Licensee is requesting access to Facility 1 and use of the "Premises" as hereafter
defined. Licensee shall utilize the Premises as a strategic partner of Licensor to provide case
management services to Licensee's program participants. The Premises shall include space at
Facility 1 that Licensor allows Licensee to occupy with Licensee's staff, common work areas,
break rooms, restrooms, meeting rooms with pre-scheduled arrangements and other common
areas at Facility 1. Licensee may have access to utilize Licenser's copy and fax machines, and
Licensor's phones; and
WHEREAS, the Premises available to Licensee for the use contemplated by this License shall be
at the discretion of Licensor within Facility 1; and
WHEREAS, Licensee shall reimburse Licensor for Licensee's share of proportional costs
associated with the operation of Facility 1 in accordance with the space used by Licensee; and
WHEREAS, the Parties desire to enter into the License permitting Licensee to enter into Facility
1 and use the Premises as a strategic partner of Licensor and as further described herein; and
WHEREAS, Licensee shall abide by the recitals and the Exhibits attached to this License.
NOW, THEREFORE, in consideration of the following mutual covenants, the sufficiency of
which is hereby acknowledged, the Parties agree as follows:
LICENSE AGREEMENT
• 1. Recitals. The Recitals, by this reference, are hereby incorporated into this License.
2. License. Licensor hereby grants to Licensee a revocable license to enter Facility I and
use the Premises, for the purpose previously stated, Monday through Friday 7:30 AM to
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5:00 PM, excluding Maricopa County holidays. Said License may be terminated by
Licensor or Licensee without liability of any kind to the other party upon giving 30 days
written notice of revocation or as otherwise agreed to by the Parties in writing.
3. Term. The term of this License shall begin on July 1, 2013, and shall expire June 30,
2015. Licensee may have the option to renew the term of this License two (2) times for a
period of one (1) year each, (Renewal Term) provided, however, that Licensee is in full
compliance with all terms and conditions of this License. Licensee may exercise this
Renewal Term by giving written notice to Licensor at least sixty (60) days prior to the
expiration of the License. The granting of the Renewal Term shall be at the sole
discretion of Licensor and upon mutual agreement by the parties in writing. Any renewal
of this License shall be on the same terms, covenants and conditions contained in this
License unless the parties otherwise agree in writing.
4. Non-Availability of Funds. If funds are not allocated and available for the continuance of
this License, this License may be terminated by either Party at the end of the period for
which funds are available. No liability shall accrue to Licensor or Licensee in the event
this provision is exercised. Neither Licensor nor Licensee shall be obligated for, or liable
for any future payments of any damages as a result of termination of this License under
the provisions of this paragraph.
5. Licensee Responsibilities. Licensee may utilize Licensor's copy equipment, fax machines
and phones within Facility 1. Licensee is responsible for keeping the Premises neat,
clean, free of clutter and of a professional appearance. Licensee shall ensure that all of
Licensee's trash and recycling is placed in the proper receptacle(s). Licensee shall ensure
that all of Licensee's participants adhere to these rules. Licensee shall leave the Premises
in as good condition as when received. Licensee is responsible for repairing damages or
replacing items to the Facility caused by Licensee, its officials, agents, employees,
officers, vendors or invitees or participants. Repairs or replacement is to be accomplished
within sixty (60) days after Licensee receives notice from Licensor. If Licensee fails to
make repairs or to replace damaged property, Licensor may, at its option, make such
repair or replace damaged property and Licensee shall, upon demand by Licensor,
reimburse Licensor for Licensor's reasonable costs and expenses connected therewith.
Immediately upon the completion or termination of this License, Licensee shall remove
its personal property from the Facility unless previous arrangements have been made with
Licensor. Licensee hereby acknowledges that Licensor shall not be responsible for
Licensee's personal property and that Licensor may dispose of said personal property at
Licensor's discretion after completion or termination of this License. Licensee shall
ensure that staff that provide services to participants have all required skill, licensing,
experience and training. Licensee shall, at all times, be members in good standing with
all required licensing bodies. Licensee shall possess full, complete and current
professional credentials as may be lawfully required to perform program services.
Licensee shall not access the Facility outside of normal business hours unless otherwise
agreed to in writing with Licensor. Licensee shall comply with any and all federal, state
and local laws, statutes, ordinances, codes and/or regulations that apply to the operation
of its business and its use of the Facility.
6. Licensor Responsibilities. Licensor is responsible for ensuring interior janitorial services
and exterior ground maintenance are performed in a reasonable manner and that the
heating and air conditioning equipment and the plumbing and electrical systems are
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maintained in good working order. Licensor shall provide heating, ventilation, air
conditioning (HVAC), electricity, water for reasonable and normal drinking and lavatory
use. Licensor has the right to determine what equipment or personal property Licensee
may bring into the Premises. At the sole discretion of the Licensor, all or any equipment
or personal property of Licensee shall be removed from the Facility upon thirty (30)
business days' notice to Licensee by Licensor. Licensor is not responsible for any
personal property of Licensee, or Licensee's staff, agents, invitees, clients, guests,
contractors, subcontractors, vendors, and/or participants. The Parties understand and
agree that Licensor has no liability for the destruction, theft, vandalism, or other loss or
damage of any such personal property of Licensee, its staff, agents, invitees, clients,
guests, contractors, subcontractors, vendors and/or participants.
7. Indemnification. Each party (as "Indemnitor") agrees to indemnify, defend, and hold
harmless the other party (as "Indemnitee") from and against claims, losses, liability, costs,
or expenses (including reasonable attorneys' fees, expert witnesses' fees and other litigation
costs) (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
are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its
officers, officials, agents, employees, or volunteers.
8. Insurance. Licensee shall maintain adequate professional liability insurance with a
company licensed to conduct business in the State of Arizona to cover the acts of its
employees in an amount not less that $1,000,000 per occurrence and agrees to provide
Licensor with a certificate of insurance, naming Licensor as additional insured on
Licensee's general liability policy. Proof of liability insurance shall be mailed to
Maricopa County Human Services Department, Workforce Development Division, 234
N. Central, Suite 3000 Phoenix, AZ 85004 within the first month of implementation of
this License Agreement.
a. Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate
Limit. The policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which would
serve to limit third party action over claims. There shall be no endorsement or
modifications of the CGL limiting the scope of coverage for liability arising from
explosion, collapse, or underground property damage.
b. Workers' Compensation. Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Lessee's employees
engaged in the performance of the work or services under this License; and
Employer's Liability insurance of not less than $1,000,000 for each accident,
$1,000,000 disease for each employee, and $1,000,000
9. Additional Insured. The insurance coverage, except Workers' Compensation, required
by this Agreement, shall name Maricopa County its agents, representatives, officers,
directors, officials and employees, as Additional Insured.
10. Background Checks. Licensee shall ensure that all program staff that has direct contact
with clients/participants shall obtain a state and federal criminal records check pursuant
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to section A.R.S. § 41-1750 and Public Law 92-544. Licensee shall provide confirmation
that all program staff that has direct contact with participants have completed the criminal
records check with satisfactory results. Confirmation shall be provided within 15 days of
execution of this Agreement. Information shall be provided to the One Stop Career
Center Coordinators.
Facility 1 - West Valley Center Manager- Stacey Faulkner 602-372-4220
11. Fingerprinting. Licensee shall ensure that all program staff that has direct contact with
participants shall apply for fingerprint clearance cards. Licensee shall confirm that all
program staff that has direct contact with participants have completed the fingerprint
clearance. Licensee shall provide to the One Stop Career Center Coordinator(s) the
names of staff that perform work in the facilities.
12. Permits/Licensing. Licensee shall maintain all applicable permits and licenses for its
business operations. Licensee shall further comply with all Federal, state and local laws
and ordinances in the operation of its business.
13. Compliance With Applicable Laws. This Agreement shall be governed and interpreted by
the laws of the State of Arizona. The materials and services supplied under this
Agreement 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, and Licensee shall maintain all applicable licenses and
permit requirements. Specifically, the following apply:
a. Unless exempt under Federal law, Licensee 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. Licensee 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. Licensee shall comply with the
requirements of the Fair Labor Standards Act of 1938, as amended.
b. Licensee 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. Licensee 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 services;
and with Title 11 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. Nondiscrimination & Equal Opportunity Assurance. Licensee shall not discriminate
against any person because of race, color, religion, sex, national origin, ancestry, physical
or mental disability, medical condition, material status or sexual orientation.
Note: This particular assurance (portions which are duplicated elsewhere in other
assurances) is applicable to the extent that the program activities are conducted as part
of the One Stop delivery system (See 29 CFR 37.2).
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Licensee assures that it will comply fully with the nondiscrimination and equal
opportunity provisions of the following laws:
a. Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits
discrimination against all individuals in the United States on the basis of race,
color, religion, sex, national origin, age, disability, political affiliation, or belief,
and against beneficiaries on the basis of either citizenship/status as a lawfully
admitted immigrant authorized to work in the United States or participation in
any WIA Title I B financially assisted program or activity;
b. Title VI of the Civil Rights Act of 1964, as amended, which prohibits
discrimination on the basis of race, color, and national origin;
C. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against qualified individuals with disabilities;
d. The Age Discrimination Act of 1975, as amended, which prohibits discrimination
on the basis of age; and
e. Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex in educational programs.
f. Licensee also assures that it will comply with 29 CFR Part 37 and all other
regulations implementing the laws listed above. Licensee understands that the
United States has the right to seek judicial enforcement of this assurance.
g. Licensee shall protect, indemnify and hold harmless Licensor and its
representatives against any claim or liability arising from or based on the
violation of this paragraph and, in addition, violation of paragraph 15 through
paragraph 21 of this License, whether by Licensee its officers, officials, agents,
employees, volunteers or invitees.
15. Disability Requirements. Licensee agrees that any electronic or information technology
offered under this License Agreement shall comply with A.R.S. §§41-2531 and 2532 and
Section 508 of the Rehabilitation Act of 1973, which requires that employees and
members of the public shall have access to and use of information technology that is
comparable to the access and use by employees and members of the public who are not
individuals with disabilities.
16. Lobbying. Lobbying activities are strictly prohibited in the Facility.
17. Religious Activities. Religious activities are strictly prohibited in the Facility.
18. Political Activity Prohibited. Political activities are strictly prohibited in the Facility.
19. Clean Air Act. Licensee shall comply with all regulations, standards and orders issued
pursuant to the Clean Air Act of 1970 as Amended (42 USC 7401 et seq.) to the extent any
are applicable by reason of performance of this Agreement.
20. Drug-Free Workplace Act. Licensee shall comply with the Drug-Free Workplace Act of
1988 (Public Law 100-690).
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21. Certification Regarding Environmental Tobacco Smoke. Licensee shall comply with
Public Law 103-227, Part C, and the Smoke-Free Arizona Act, A.R.S. §§ 36-601.01 and
42-3251.02.
22. No Lease/Agreement as License. This License shall be construed as a mere license by
Licensor to Licensee to provide services in the Facility. This License shall not be
construed as a lease, sublease, rental agreement or easement. It is understood and agreed
that Licensee has no interest whatsoever in the Premises or Facility at which the service
is performed by Licensee and that Licensor may move Licensee from the License Area to
another location within the Facility at any time at the sole discretion of Licensor.
23. No Assignment. This License is personal to Licensee, and Licensee may not assign this
License or any right thereunder nor give any security interest therein or in any rights
thereunder nor may this License be assigned by operation of law. Any assignment of this
License or rights thereunder by Licensee or by operation of law or the giving of any
security interest therein shall at Licensor's option constitute a breach of this License and
this License shall be void.
24. Revocation. This License shall be revoked upon written notice to the other party. Either
party may terminate this License at any time for any reason in its sole and absolute
discretion with thirty (30) days written notice to the other party. Licensee acknowledges
that the License is subject to A.R.S. §38-511 and may be cancelled pursuant hereto.
Licensor has the right to terminate the License upon twenty-four (24) hour notice when the
Licensor deems the health or welfare of the service participants are endangered. If not
terminated by one of the above methods, the License will terminate upon the expiration of
the term of the License. License is subject to Licensor's lease for the Facility remaining in
effect. Should Licensor's lease agreement for the Facility be terminated, this License shall
be immediately terminated.
25. Legal Worker's Act. Licensee warrants that it is in compliance with A.R.S. §41-4401 and
further acknowledges:
a. That the Licensee and 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. That a breach of a warranty under subsection a) above, shall be deemed a material
breach of the License that is subject to penalties up to and including termination of
the License;
c. That nothing herein shall make any Licensee or subcontractor an agent or employee
of the Licensor government entity.
26. Federal Immigration Law. Licensee warrants that it is in compliance with Federal
Immigration and Nationality Act and further acknowledges:
a. That the Licensee understands and acknowledges the applicability of the Immigration
Reform and Control Act of 1986 (IRCA). The Licensee agrees to comply with the
IRCA in performing under this License and to permit Licensor inspection of personnel
records to verify such compliance.
b. By entering into this License, Licensee warrants compliance with the Federal
Immigration and Nationality Act (FINA) and all other Federal immigration laws and
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regulations related to the immigration status of its employees. Licensee shall obtain
statements from their subcontractors certifying compliance and shall furnish the
statements upon request by the Licensor. These warranties shall remain in effect
through the term of the License. Licensee and their subcontractors shall also maintain
Employment Eligibility Verification forms (1-9) as required by the U.S. Department
of Labor's Immigration and Control Act for all employees performing work under
the License. 1-9 forms are available for download at USCIS.GOV .
27. Sudan and Iran. Licensee warrants that it is in compliance with A.R.S. §§35-39l .06 and
35-393.06 (Business Relations with Sudan and Iran):
a. By entering into this License, Licensee certifies it does not have scrutinized business
operations in Sudan or Iran. Licensee shall obtain statements from its subcontractors,
involved with this License, certifying compliance and shall furnish the statements to
Licensor upon request. These warranties shall remain in effect through the term of the
License.
b. Licensor may request verification of compliance from Licensee or its subcontractors
performing work under this License. Should the Licensor suspect or find that Licensee
or any of its subcontractors are not in compliance, the Licensor may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work, termination
of the License for default, and suspension and/or debarment of Licensee. All costs
necessary to verify compliance are the responsibility of Licensee.
28. Debarment Certifications. Licensee certifies to the best of its knowledge and belief, that it
and its directors, officers and agents:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
b. 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;
c. 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 paragraph b; and
d. Have not within a three-year period had one or more public transactions (Federal,
State, or local) terminated for cause or default.
e. Shall immediately notify the Maricopa County Human Services Department it at any
time during the term of this Agreement, it is debarred, suspended, declared ineligible,
or voluntarily excluded from participation. Licensor may pursue available remedies
in the event of such occurrence, including immediate termination of this Agreement.
f. Shall not enter into a subcontract or sub-recipient agreement with a person or
organization that is debarred, suspended, declared ineligible, or voluntarily excluded
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from participation. Licensor may pursue available remedies in the event of such
occurrence, including immediate termination of this Agreement.
29. Binding Agreement. This License shall be binding upon and inure to the benefit of the
respective parties, their successors, personal representatives and assigns, and shall be
governed by and constructed under the laws of the State of Arizona.
30. Entire Agreement. This License, together with any supplemental provisions and Exhibits
attached hereto, constitutes the entire agreement between the parties and sets forth all of
the covenants, promises, agreements, conditions and understandings between Licensor
and Licensee, and there are no covenants promises, agreements, conditions or
understandings, either oral or written, between Licensor and Licensee other than as set
forth herein, and those agreements that are executed contemporaneously herewith. This
License shall be construed as a whole and in accordance with its fair meaning and
without regard to any presumption or other rule requiring construction against the party
drafting this License. This License cannot be modified or changed except by a written
instrument executed by Licensor and Licensee. Licensor and Licensee have reviewed
this License and have had the opportunity to have it reviewed by legal counsel.
31. 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. Licensee acknowledges that no individual
performing work in the Facility, under this Agreement on behalf of Licensee 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. Licensee 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 concerning such
individuals and shall save and hold the County harmless with respect thereto.
32. No Partnership. Nothing contained in this License shall create any partnership, joint
venture or other arrangement between Licensor and Licensee. Except and expressly
provided herein, no term or provision of this License is intended or shall be for the
benefit of any person or entity not a party hereto, and no such other person or entity shall
have any right or cause of action hereunder.
33. Arizona Law. The proper venue for any proceeding at law or in equity or under the
provisions for arbitration shall be Maricopa County, Arizona. This License shall be
construed in accordance with and be governed by the laws of the State of Arizona.
34. No Waiver. Waiver of any breach of any term, conditions or covenant herein contained
shall not be deemed to be a waiver of any subsequent breach of any term, covenant or
condition herein.
35. Authorization. Any individual executing this License on behalf of or as representative for
a corporation or other person, firm, partnership or entity represents and warrants that
he/she is duly authorized to execute and deliver this License on behalf of said
corporation, person, firm, partnership or other entity and that this License is binding on
said entity in accordance with its terms.
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36. Invalidity. If any term, covenant, condition or provision of this License is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
37. References. Sections and other headings contained in this License are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
License.
38. Counterparts. This License may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same
instrument. Faxed and copied signatures are acceptable as original signatures.
39. In the event Licensor or Licensee resort to legal proceedings to enforce any right under
this License or to obtain relief for any default by the other party, the party prevailing in
such proceedings shall be entitled to recover from the defaulting party the costs thereof,
including reasonable attorneys' fees and costs.
40. Licensor Notices. All notices to Licensor shall be in writing and sent by certified mail to:
Maricopa County Human Services Department
Workforce Development Division
Attention: Patricia Wallace, Assistant Director
234 N. Central, Suite 3000
Phoenix, AZ 85004
602-506-4146
WALLACEP001@mail.maricopa.gov
41. Licensee Notices. All notices to Licensee shall be in writing and sent by certified mail to:
Portable, Practical, Educational Preparation, Inc.
Karl Hogan
802 East 46th Street
Tucson AZ 85713
520-622-3553
khoganAPPEP.Org
42. Reimbursement. The Parties agree that the costs associated with the operation of the
Facility are shared among the strategic partners and agencies that are co-located in the
Facility. Licensee's yearly reimbursement amount associated with this License is
$3,612.00 to be paid by Licensee to Licensor monthly at an amount of $301.00.
For the purpose of calculating Licensee's reimbursement amount, the Parties agree that
the area of the Facility allocated to Licensee is as follows:
Facility 1
Licensee's staff occupied space is 64 square feet
Licensee's allocation of common area space is 68 square feet
Total space assigned to Licensee is 132 square feet
Licensee shall remit Licensee's reimbursement amount to Licensor by the 20 th day of
each month. Licensee's reimbursement shall be mailed to:
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Maricopa County Human Services Department
Finance Unit
234 North Central, 3' Floor
Phoenix AZ 85004
43. This License includes an Agreement & Understanding Regarding the Maricopa
Workforce Connections One-Stop Career Centers referenced as Exhibit 1. The Exhibit
outlines the responsibilities of partner agency that is co-located in the Maricopa
Workforce Connections One Stop Career Centers regarding comprehensive service
delivery and cost sharing of the operation of the One Stop Center.
IN WITNESS THEREOF, the parties have signed this amendment:
LICENSOR: LICENSE
MARICOPA CO
By:
Chairman, Board of Supervisors
Title: C. WI)
AUG 21 2013 I IW
Date: Date:
Attested
"rk of the Board
This Agreement has been reviewed by the
undersigned attorney who has determined that
the agreement is in proper form and within the
power and authority granted under the laws of
the state of Arizona.
BY:
Maricopa County Deputy County
Attorney
Date: AA.S._ ( (3
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EXHIBIT 1
Workforce Investment Act of 1998
One-Stop Delivery System
Resource Sharing
Agreement & Understanding
Regarding the
Maricopa Workforce Connections
One-Stop Centers
1. Introduction
A. Maricopa County - Maricopa Workforce Connections (MWC), exclusive of the City
of Phoenix, is a designated Local Workforce Investment Area (LWIA), under the
federal Workforce Investment Act (WIA) of 1998. As a LWIA, MWC is responsible
for implementation of the provisions of Section 1219(c) (2) of Title I of the
Workforce Investment Act of 1998. MWC operates two comprehensive One-Stop
Career Centers and is responsible for the design of a system that promotes
collaborative employment & training strategies reflecting the particular needs of the
area's local and regional economies. The system is built upon a framework of service
delivery through comprehensive and affiliate One-Stop Career Centers and a
collaborative network of organizations. As mandated in WIA and Department of
Labor implementing regulations at 20 CFR 662.300, One-Stop Operators must
develop agreements with agencies that are co-located in the One-Stop Career
Centers. The agreements address service delivery and cost sharing of the operation of
the One-Stop Career Centers.
B. WIA has identified organizations in the following areas that provide
set-vices/activities that contribute to a comprehensive One -Stop Career Center:
• Adult education and literacy
• Rehabilitation Services
• Social Security
• Older Americans
• Postsecondary Vocational Education
• Trade Act
• Employment & training
• State Unemployment Insurance
• Youth Services
• Veterans Services
• Community based organizations that provide human resource services
C. MWC One-Stop Delivery System serves employers, job seekers and those seeking
career advancement in Maricopa County.
D. Services provided in the MWC One-Stop Career Centers include:
• Recruitment, orientation and referral of qualified job seekers to job vacancies
• Employment Services and Unemployment Information
• Labor market information
• Information regarding the Arizona Job Training Program
• Connection to economic development resources
• Rapid response assistance for plant closures and company down sizing
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EXHIBIT I
• Tax Credits for Employers
• Referral services
Purpose
The Agreement & Understanding provides the framework for the delivery of
comprehensive workforce development -services to job seekers and employers of the
region. The Agreement & Understanding establishes the terms and conditions in which
each organization within the MWC One-Stop System, in their efforts is to establish a
cooperative working relationship between all agencies define roles and responsibilities of
all interested parties with respect to implementation of a comprehensive One-Stop
System. Further, the agreement establishes MWC's roles and responsibilities for
implementation of the provisions of Section 1219(c)(2) of Title I of the Workforce
Investment Act of 1998.
The establishment of a system of one-stop career centers and access points is designed to
accomplish the following:
• To facilitate the coordination of resources so as to eliminate unwarranted duplication
of services, reduce administrative costs, and enhance participation and performance
of customers served through the system.
• To establish guidelines for creating and maintaining a cooperative working
relationship, to facilitate joint planning and evaluation of services, and to develop
more efficient management of limited financial and human resources.
• To ensure services are of the highest quality and meet the expressed needs of
Workforce Investment customers, the MWC Board has established the following
mission, goals and responsibilities:
Universal Access: All customers, including those with special needs and barriers to
employment, will have access to a core set of services at each access point in the One-
Stop Career Center System. Core and intensive services will be made available. Training
and support services will be accessed with customers and referrals and appointments will
be set up with appropriate agency(s).
Integrated Services:
The One-Stop centers will model an integrated service delivery that is consistent with
other states that have adopted an integrated delivery approach. It is organized around
common services that are primarily core and intensive services. The One-Stop centers
will focus on services and not programs, while integrating a unified vision, policies and
metrics to customer delivery.
Individual Choice: Customers will be provided with information on services available
through the One-Stop Career Centers. Customers will have access to a multitude of
career, skill, employment and training information to obtain the services and skills they
need to enhance their employment opportunities. Customers will then have the
opportunity to select the mechanisms through which to access services and to select the
services that meet their individual needs and preferences.
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EXH1131T 1
Pro2ram Oualitv/Accountabilitv: One-Stop Career Centers' design, management and
service delivery will be responsive to the needs of customers. Customer satisfaction will
be a key measure of accountability. All partner agencies agree to support each other in
their respective provision of services and to facilitate joint provision of services
consistent with the needs of their respective customers, the program goals of the partner
organizations, and laws and regulations governing the programs they operate.
Geographic Area
A. Maricopa County exclusive of the City of Phoenix
B. Regional and Collaborative Services with the City of Phoenix
IV. MWC One-Stop Career Center Locations
Comprehensive One-Stop Locations
East Valley Career Center
735 N. Gilbert Road
Gilbert, Arizona 85234
West Valley Career Center
1840 N. 95 th Ave, Suite 160
Phoenix, Arizona 85307
Limited Services Locations
Mesa Job Service
120W. 1 s1 Ave.
Mesa, Arizona 85210
Vista del Camino Scottsdale Community Center
7700 E. Roosevelt
Scottsdale, Arizona 85257
V. Cost Sharing
Partner agencies co-located in the MWC One-Stop Career Centers must pay for costs
associated with the operation of the Career Centers. The agreement establishes the terms
for cost sharing. Each agency shall contribute proportionately to the operational costs of
the One-Stop system (20 CFR §662.270). Shared Costs are provided in Exhibit 2 of the
agreement.
A. Identification of Operating Budget for One-Stop Delivery System
MWC has developed a cost allocation method for shared costs. The costs consist of
direct costs that are incurred by partners in the provision of customer services in the
One-Stop Career Centers
Direct Costs include:
• Rent/Lease
• Utilities
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EXHIBIT 1
• Janitorial/maintenance
• Copier rental & Supplies
• Protective Services
• Communications
• Repairs & Maintenance
• Applicable Taxes
B. Cost Allocation and Resource Sharing Methodology
The shared costs as displayed in Exhibit 2 have been combined into a cost pool for
the purposes of cost allocation. This cost pool and the method used for allocation of
pooled costs to the Agency is described below. The total proportionate share
attributable to each partner is also reflected in Exhibit 2.
Direct Cost Pool — The individual cost of items for the operation of the MWC One-
Stop Career Centers. These costs are allocated on the basis of square footage
occupied by each agency, co-located at the One-Stop Career Centers and a
proportionate amount of Common space. Cost allocations are adjusted yearly for
changes in the One-Stop Career Centers agency participation. Projected costs are
estimated and each agency shall pay its fair share.
MWC has some latitude for discretion in determining how to share costs, as long as
the basis used for cost sharing is compatible with the governing provisions of WIA,
other partners' legislation, and the applicable OMB Circulars.
Each Agency shall comply with the Federal Cost Principles set forth in the applicable
Office of Management and Budget (OMB) Circulars. The following lists the circulars
and corresponding entities:
• OMB Circular A-21 — Cost Principles for Educational Institutions.
• OMB Circular A-87 — Cost Principles for State, Local and Indian Tribal Govts.
• OMB Circular A-122 — Cost Principles for Nonprofit Organizations.
The cost allocation process that is adopted is fully documented. The structure and
capabilities of the Partner Agency's accounting systems will be considered in
designing an operable cost allocation process. Each Agency shall contribute a fair
share of the operating costs based on the use of the one-stop delivery system by
individuals attributable to the Agency. The MWC Board supports the fairness of the
negotiated amounts through the use of cost allocation methods or bases.
Each agency shall provide the resources necessary to fund their proportionate share
of the shared costs as reflected in Exhibit 2. All agencies that are co-located in the
One-Stop Career Centers must make monthly payments to Maricopa County
representing their fair share based on square footage used.
A proportionate share of common space shall be attributed to each partner agency
and will be included in the monthly costs to be paid by each agency. Costs are
anticipated to remain the same throughout the year, and will be evaluated on a yearly
basis. Changes in costs will be adjusted through an amendment.
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EXHIBIT I
1. If the Agency fails to receive funding, or appropriations, limitations, or other
expenditure authority at levels sufficient to pay monthly costs for co-location the
Agency has committed to provide, then the Agency shall withdraw from this
agreement and vacate the premises.
2. Should other agencies agree to enter into License Agreements for co-location in
the One-Stop Career Centers and the direct costs distributed among the agencies
is reduced an amendment will be developed to reduce the cost under this
Agreement.
VI. Supportive Services
Each agency shall coordinate supportive services for customers and their families within
the boundaries of their respective capacities. This will be tracked and accounted for in the
case management process.
VII. Customer Satisfaction
Each agency shall establish an accountability system to measure the success of the One-
Stop system that ensures customers and employers are highly satisfied with the services
that are provided at the One-Stop Career Centers.
Each agency shall provide MWC, to the extent possible, with customer contact
information for the purpose of conducting customer satisfaction surveys. MWC customer
satisfaction surveys will be conducted semi-annually and the results will be shared and
posted within the One-Stop system.
VIII. Continuous Improvement
Each agency shall designate a representative to actively participate in the MWC Standing
Partners Committee. The agency's representative shall attend meetings in an effort to
provide continuous service improvements in the One-Stop system. The representative
shall participate in process improvement, service delivery and staff meetings conducted
in the One-Stop Career Centers.
IX. Performance Accountability
Each agency shall provide information on an annual basis about performance goals and
the attainment of those goals. Data will be accumulated by MWC and presented to the
MWC Board during its regularly scheduled meetings for the annual System Effectiveness
Report.
Each agency shall participate in the development of strategic plans for process
improvement and performance goals for the comprehensive One-Stop System. Each
partner is accountable for performance of their agencies' scope of work.
Each agency in the One-Stop system shall:
• Submit quarterly activity reports to the Center Manager to be presented to the MWC
Board
• Work toward the development of common performance goals and measures that will
be in alignment with the stated goals of the MWC Comprehensive One-Stop system
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EXHIBIT
X. Data Access/Data Sharing
Records of common customers who receive services funded through Wagner-Peyser,
Title 1B or other USDOL-funded employment programs, and who also receive services
from a co-located agency, will be maintained in the case management file cabinets.
Customer information and services provided will be entered into the Arizona Job
Connections (AJC) reporting system.
Partner agencies who wish to obtain access to common customers' files and the AJC
reporting system may do so under the terms and conditions of this agreement if the
following conditions are met:
A. The agency is responsible for all costs associated with data access (e.g. hardware and
software, phone lines, monthly connection charges, fees for usage).
B. The agency agrees to adhere to state and local policies governing confidentiality, data
usage, and standards for data entry.
Each agency's staff members who require access will follow the security access
procedures established by the Department of Economic Security and sign the
appropriate data access forms prior to receiving access.
XI. Disabilities Services
Pursuant to 29 CFR Part 37.7 through 37.10, each partner agency shall assure that the
following is provided, to the extent possible, in the One-Stop delivery system.
A. Center facilities are programmatically and architecturally accessible;
13. Agency access for individuals with disabilities
C. Reasonable accommodations for individuals with disabilities
XII. Referral Process/Methods Between Organizations
Each agency shall provide value-added referrals for customers to additional services
with other agencies co-located in the MWC One-Stop Career Centers, when customers
are deemed in need of additional services. All customers entering the centers will be
assessed upon each visit to the center. This will include but not limited to the creation
of AJC plus account, TABE testing, and a Self Sufficiency assessment in order to better
service our customers.
A. Referral Point of Contact
Each agency shall provide a referral point of contact including name, title, and
associated phone number, e-mail address for the referral point. Partner agencies shall
ensure contact information is current and provide updates as necessary. To ensure
continuity of service, the individual making the referral appointments shall follow-up
with the customer to confirm an appointment was scheduled.
Customers shall be triaged to agencies (services) following a single or combination
of assessments and goal identification. These referrals will be made using a universal
referral document that will be tracked both manually and electronically.
B. Co-enrollment
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EXHIBIT 1
Customers may be co-enrolled in multiple agency programs within the One-Stop
system, whenever appropriate and as eligibility and other program regulations allow.
Partner agency shall ensure customers are provided comprehensive services. The
objective of co-enrollment is to broaden the service options for customers and to
ensure training, supportive service, and placement support needs are met.
Furthermore, co-enrollment allows the partner agency to share credit for performance
outcomes.
Each agency shall:
• Review and revise enrollment procedures to facilitate co-enrollment whenever
possible and appropriate;
• Cross-train agency staff in enrollment procedures and requirements to facilitate
co-enrollment as needed;
• Obtain consent from customer to share information with other agencies co-
located in the MWC One-Stop system; and.
• Share customer information (including eligibility and assessment information and
employability/service plans) to minimize customers' need to have to provide
similar or identical information to more than one agency within the
comprehensive One-Stop System.
C. Appointment Scheduling
All service agency appointments and activities shall be coordinated with the One-
Stop centers' welcome team. Each welcome team will schedule and coordinate
appointments for customers within the framework of the integrated delivery model
for both core and intensive services.
D. Capacity Building
Each agency shall establish a high level of professional standards related to One-Stop
staff competencies and protocols, as well as a professional environment for
customers. In order for the "universal" customer to receive seamless services in a true
One-Stop environment it is imperative that all agencies in the One-Stop system be
knowledgeable of services provided within the One-Stop Center. Each partner agency
shall provide training to the co-located agencies on services provided and eligibility
requirements. Each partner agencies 'staff shall attend training provided by other co-
located agencies within the One-Stop system.
It is understood all organizations participating in the comprehensive One-Stop system
need to achieve specific program goals and that by supporting partner agencies
through training and team work, the One-Stop System will result in increased goal
achievement by all of the agencies. As with all aspects of joint planning, capacity
building efforts shall be examined in the context of adaptability to needed change,
customer service and continuous improvement. Each agency shall work continuously
to ensure collaboration with state and regional efforts to provide service delivery in
response to identified capacity building needs.
E. Marketing and Outreach
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EXHIBIT 1
Each agency shall contribute to marketing strategies by informing job seekers,
employed individuals, employers, and the community at large about the services
available through the local One-Stop system.
• The following resources are or may become available to enhance joint marketing
efforts:
• Web site development
• Public education/information
• One-Stop brochures/flyers
• Television or radio announcements
• Newspapers
F. Confidentiality
Each Party to this agreement warrants that it shall comply with the provisions of the
Workforce Investment Act and other applicable federal and state laws and regulations
including but limited to those relating to confidentiality of customer records. Partner
agencies shall share customer information only for the benefit and with the expressed
and informed consent of the customer and, if applicable, the customer's parent or
guardian, except as otherwise required by law.
G. Dispute Resolution Process
This section applies to the any disputes that may arise in the delivery of services in the
MWC comprehensive One-Stop Career Centers. Except as may otherwise be provided
for in this Agreement, any dispute arising between the agencies co-located in the One-
Stop Career Centers shall be addressed by MWC One -Stop Career Centers
Administrator.
One-Stop agencies will function by consensus. In instances where consensus cannot
be reached at the lowest level and the functioning of the One-Stop system is
impaired, those one-stop agencies who are parties to the dispute shall submit to the
following dispute resolution procedures:
• If the agencies are unable to resolve a dispute to the satisfaction of the members
who are parties to the dispute, the complaint shall be submitted in writing to
MWC Assistant Director within 15 days of the initial dispute;
• MWC Assistant Director will evaluate the merits of the dispute and may attempt
to resolve the dispute through mediation;
• If the MWC Assistant Director is unable to resolve the dispute, issue shall be
referred to the MWC Board Executive Committee. The Committee shall evaluate
the merits of the dispute and may attempt to resolve the dispute through
mediation. However, in all cases, the Executive Committee shall prepare a
response to the complaint within 30 days;
• The decision of the Executive Committee shall be final and binding on all parties
to the dispute.
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EXHIBIT 1
XIII. Assurances and Certifications
Each agency accepts the assurances and certifications identified in this section. By
signing the agreement, the agency agrees to the provisions contained in each of the
documents identified below and incorporated by reference into this agreement.
A. Assurances - Non-Construction Programs
B. Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Transaction
C. Certifications Regarding Lobbying, Debarment, Suspension, Drug-Free Workplace
D. Certification of Release of Information
E. Nondiscrimination of Equal Opportunity Requirements of WIA
Specifically during the performance of this agreement, partner agency shall not
discriminate against any person because of race, color, religion, sex, national origin,
ancestry, physical or mental disability, medical condition, marital status or sexual
orientation. The Agency shall abide by the provisions of Executive Order 11246 on
nondiscrimination and, accordingly, will take affirmative action to ensure that applicants
are employed without regard to their race, color, religion, sex, disability or national
origin.
Nothing herein shall be construed as obligating the agency to expend funds or be
construed as involving the agency in any contract or other obligation for the future
payment of money in excess of appropriations authorized by law and administratively
allocated for these purposes. This agreement in no way restricts any of the Parties from
participating in similar activities or arrangements with other public or private agencies,
organizations, or individuals.
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EXHIBIT 2
Facility 1 West Valley One Stop Career Center
Operating Costs Annualized 2013
Program Costs Monthly Costs Yearly Costs
Center Rent 60,129 721,548
Printer/Copier 993 11,916
Security 4,136 49,632
Janitorial
Utilities 5,362 64,341
Repairs 8z. Maint. 3,741 44,892
Total 74,361 892,329
Proportional Cost Allocated by Sq Ft
Annualized
Facility Sq Ft. 32,710 Costs
Share Sq Ft 2013
Direct 48% 15,809 431,270
Common 52% 16,901 461,059
Total 892,329
Directly Occupied Space 15,809 Sq Ft.
Annualized
Partner Sq Ft Costs
WDD 76% 12,109 330,334
Partners 24% 3,700 100,936
Total 431,270
Proportional Share Common 16,901 Sq Ft.
Annualized
Partner Percentage Costs
WDD 76% 12,861 350,847
Partners 24% 4,040 110,212
Total 461,059
Total Space Cost Sharing
WDD 679,026
Partners 213,303
Total 892,329
PPEP Allocated Space and Costs - Facility 1
Programs Proportional Cost Allocated by Sq Ft
% of overall Annual
space in Center Sq Ft Amount Costs Monthly Costs
Direct 4% 64 1,746 146
Common 4% 68 1,867 156
Total 132 3,612 301
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