CITY OF MESA YOUTH PROGRAM AGREEMENT.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF MESA 1.0 PARTIES This non-financial intergovernmental agreement (“Agreement”) between the City of Mesa (hereinafter referred to as the “City”) and Maricopa County (hereinafter referred to as the “County”), administered by its Human Services Department, Maricopa Workforce Connections (hereinafter referred to as the “MWC”). Maricopa County and the City of Mesa are authorized to enter into this Agreement under A.R.S. § 11-952 et seq. and Article 1, Section 103 of the City Charter. The Parties to this Agreement may be referred to collectively as the “Parties” and individually as a “Party”. 2.0 PURPOSE The purpose of this Agreement is to establish a partnership in which MWC shall have access to utilize the Mesa Main Library located at 64 E. 1st Street, Mesa AZ 85201 (hereinafter referred to as the “Center”) to provide WIA WIOA youth program services (“Youth Program”). The Center will serve as a comprehensive MWC Genesis Youth hub Center for the eastern section of Maricopa County. A MWC Genesis Youth Career Guidance Specialist (“YCGS”) will be permanently based at this location 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. The Parties shall work collaboratively with a variety of organizations in the area to expand the array of services offered to youth. Partnerships will be developed with educational institutions, employers, non- profits, and City and County departments to enhance the youth program activities. 3.0 BACKGROUND Maricopa County is one of twelve (12) 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 workforce system. MWC is administered by the Maricopa County Human Services Department (“MCHSD”) Workforce Development Division and is the local workforce area for Maricopa County, which is an affiliate of AWC. The Workforce Innovation and Opportunity Act (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. Title I of the WIOA provides local areas with 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 fourteen (14) through twenty-four (24) years of age who may face barriers to staying in school, completing high school or finding stable employment. City of Mesa The MWC Youth Program Genesis provides a full range of services such as: Tutoring, study skills training, instruction as well as drop-out prevention and recovery 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 emphasis on high-demand, high- growth occupations in Maricopa County On-going mentoring opportunities for eligible youth with adults committed to providing mentoring Training opportunities for eligible youth Internships and work experiences in high-demand, high-growth occupations Supportive services for eligible youth Financial literacy education Entrepreneurial skills training Incentives for recognition and achievement to eligible youth The MWC Genesis Youth Program’s philosophy, mission, and vision statements are: Our Philosophy is the belief that: All youth can learn and achieve All youth can increase awareness and share ideas All youth deserve to experience meaningful participation We must encourage and empower youth to their fullest potential We must recognize our interaction with youth as a united and equal opportunity partnership Our Mission 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. Our Vision is to empower the emerging and growing generation to achieve life-long success, contributing to the overall well-being of their community. The City is committed to improving the quality of life of Mesa residents. The City desires to partner with the County for Youth Program service delivery with MWC Genesis Youth Program in Mesa for the benefit of Mesa residents and citizens in the surrounding communities. 4.0 PROGRAM DESIGN The Genesis Youth Program design at the Center shall be based on identified local needs. MWC seeks to provide effective and innovative services to youth that not only meet the requirements specified by WIOA law, but 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. The Genesis Youth Program activities/services 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 Workshops to promote and support education and employment Supportive Services Page 2 of 9 City of Mesa Program Completion – Follow-up and Retention Services Program Eligibility: Out-of School Youth served in the Genesis Youth Program under WIOA must meet the following criteria: Age 16-24, not attending school and fall within one or more of the following: School dropout Not attended school for the most recent quarter High School graduate who is low income and is either basic skills deficient or an English language learner Criminal Offender Homeless, runaway or foster child Pregnant or parenting Youth with a disability Low-income requiring assistance to complete training or find employment Reside within the service area of Maricopa County and is a legal citizen or resident of the U.S. with the right to work Be registered for Selective Service as appropriate In-school Youth served in the Genesis Youth Program under WIOA must meet the following criteria: Age 14-21, attending school, low-income, and fall within one or more of the following: Basic skills deficient English language learner Criminal Offender Homeless, runaway or foster child Pregnant or parenting Youth with a disability Individual requiring assistance to complete training or find employment Legal citizen or resident of the U.S. with the right to work Be registered for Selective Service as appropriate All eligible youth will undergo a preliminary assessment to determine their ability to benefit from program services, identify academic abilities, employment skills, interests, aptitudes, attitude 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. WIOA mandates local programs must make fourteen (14) service program elements available to both In- School and Out-of-School Youth. An In-School Youth is fourteen (14) to twenty-one (21) years of age and has not received a high school diploma or its equivalent and is attending school (including alternative school). Page 3 of 9 City of Mesa An Out of School Youth is either: (i) sixteen (16) to twenty-four (24) years of age, a high school dropout (including alternative school) and has not received a secondary school diploma or its equivalent; or (ii) is a high school graduate (attained diploma/ equivalent) and is basic skill deficient, unemployed, or underemployed. The fourteen (14) WIOA Service Program Elements are: 1. Tutoring, study skills training and evidence based dropout prevention strategies 2. Alternative secondary school offerings 3. Paid and unpaid work experience 4. Occupational skill training 5. Education offered concurrently and in same context as workforce preparation activities and training for a specific occupation or occupational cluster 6. Leadership development 7. Supportive services 8. Adult mentoring 9. Follow-up services 10. Comprehensive guidance and counseling, as well as referrals to counseling, as appropriate to the needs of the individual youth 11. Financial literacy education 12. Entrepreneurial skills training 13. Labor Market Information training on in-demand industry sectors 14. Activities that help youth prepare for and transition to postsecondary education/training These fourteen (14) elements will be provided to youth, as needed based upon a youth’s ISS. In addition, specialized services will be provided to a youth, as needed based upon an ISS, to include: parenting classes, pregnancy postponement, diversion services, mentoring, specialized counseling for behavioral, substance abuse, etc. 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 and may also include: paid/unpaid work experience, job shadowing, job and career fairs, 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 which will help develop interpersonal skills, teamwork, and promote a supportive atmosphere. Youth who have completed the program will continue to work with their YCGS for up to twelve (12) months following the completion of the youth’s participation in the Genesis Youth Program. Post Youth Program support for a youth 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 post-program support for youth who complete their participation in the Youth Program. These meetings will provide an opportunity Page 4 of 9 City of Mesa 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 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. 5.0 RESPONSIBILITIES OF ORGANIZATIONS All equipment and furniture supplied and purchased for the Youth Center operations shall remain the property of the purchasing agency. MWC shall: Provide programming for the Genesis Youth Program as set forth in section 4.0 above in accordance with WIOA regulation Staff are available to meet with youth during the designated hours of 8:00 AM to 5:00 PM Monday through Friday MWC staff shall retain keys to access the locked designated areas for service delivery All required resources, such as technology, materials, and supplies, are available as need for program delivery Additional Voice Over Internet Protocol phones outside of what is provided by the City are available if needed Supply and maintain all equipment needed (computers, copier, fax, printers, etc.) Supply County owned furniture Ensure expenses for network expansion/accessibility and utility availability will be paid directly by MWC to the City’s identified vendor. MWC and City IT staff will meet with the appropriate vendor(s) to identify the required changes and charges. Maintain the wireless internet connection Secure the room at the Center and the items in the room by making sure a MWC staff member is present whenever the room is open and unlocked Provide DSL Internet access into the building. The City shall ensure: MWC staff have access to the Center during the designated hours for program delivery of 8:00 AM to 5:00 PM Monday through Friday Parking space is available for MWC staff to utilize A point of contact for the City is identified and available as services are provided in the Center Four (4) Voice Over Internet Protocol phones are available Provide office space in the basement of the Mesa Library – 2300 square feet. Security, maintenance, janitorial services and utilities are paid by the City 6.0 TERM OF THE AGREEMENT This Agreement shall be effective July 1, 2015 and will expire on June 30, 2017. The Agreement may be extended for two (2) additional two (2) year terms upon acceptance and approval by both parties. This agreement will be considered for approval at the June 24, 2015 meeting of the Maricopa County Board of Supervisors. Notice is hereby given of both Parties rights and remedies under A.R.S. § 38-511 to cancel the Agreement or recoup fees/commissions. Page 5 of 9 City of Mesa Either Party may terminate this Agreement at any time, with sixty (60) days’ notice in writing to the other Party (unless terminated by the either Party under the availability of funds provision below). Such notice of termination shall be given by personal delivery or by Registered or Certified mail at the addresses provided for such notice, below. This Agreement may be terminated by mutual written agreement of the parties specifying the termination date therein. 7.0 AVAILABILITY OF FUNDS This Agreement is a non-financial agreement; neither Party will pay funds to the other Party under this Agreement. As a designated Local Workforce Investment Area, the County is the recipient of WIOA funds. Should funding for program activities be reduced for any reason and these services are not funded or the City Council for the City does not appropriate funds for the City to meet its obligations under this Agreement, the County or the City may take any of the following actions: (a) Accept a decrease in services offered by the other Party; or (b) Cancel the agreement with thirty (30) days’ written notice. 8.0 AMENDMENTS, ENTIRE AGREEMENT, SURVIVING PROVISIONS, SEVERABILITY Any changes to this Agreement shall be carried out in accordance with the following: A written amendment, signed by both parties, to this Agreement shall be required for every standard purpose listed below and all other purposes; Whenever the agreement period is lengthened or shortened; and For any other changes in the terms and conditions of this Agreement which the Parties deem substantial. 9.0 NOTICES Communications and details concerning this Agreement shall be directed to the following contact representatives: MWC: City: Patricia Wallace, Assistant Director Kathy Little, Branch Coordinator Maricopa County Human Services Department Mesa Public Library 234 N. Central, Suite 3000 City of Mesa Phoenix, AZ 85004 64 E. First Street (602) 506-4146 Mesa, AZ 85201 WALLACEP001@mail.maricopa.gov (480) 644-2726 Kathy.little@mesaaz.gov 10.0 EMPLOYMENT DISCLAIMER 10.1 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. 10.2 The Parties agree that no individual performing under this Agreement on behalf of a Party is to be considered an employee of the other Party, and that no rights of civil service, retirement, or Page 6 of 9 City of Mesa personnel rules shall accrue to such an individual. Each Party shall have total responsibility for its’ own employees’ salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto, if applicable, and shall save and hold the other Party harmless with respect thereto. 11.0 SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by either Party of any information concerning an applicant for, or recipient of, services under this Agreement is directly limited to the conduct of this Agreement. Each Party and its agents shall safeguard the confidentiality of this information, just as it would safeguard its own confidential information. 12.0 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. 13.0 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, or its equivalent, equal to: General Aggregate $3,000,000 Each Occurrence Limit $1,000,000 14.0 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 applicable local governments whether or not specifically referenced herein. Specifically, the following apply: 14.1 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 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. 14.2 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. Page 7 of 9 City of Mesa 14.3 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. 14.4 Both parties warrant that it is in compliance with A.R.S. § 41-4401 and further acknowledge: 14.4.1 That 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; 14.4.2 That a breach of a warranty under the subsection listed above, shall be deemed a material breach of this Agreement that is subject to penalties up to and including termination of the Agreement; 14.4.3 That 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 the parties are complying with the warranty provided under the subsections listed above and 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 15.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION Each Party certifies to the best of its knowledge and belief, that it and its directors, officers and agents: 15.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. 15.2 Have not within the previous 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. 15.3 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. 15.4 Have not within the previous three-year period had one or more public transactions (federal, state, or local) terminated for cause or default. 16.0 FEDERAL IMMIGRATION AND NATIONALITY ACT 16.1 The Parties understand and acknowledge the applicability of the Immigration Reform and Control Act of 1986 (IRCA). The Parties agree to comply with IRCA in performing under this Agreement and to permit the other Party inspection of personnel records to verify such compliance. 16.2 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 Page 8 of 9 City of Mesa of the other Party 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. 16.3 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, 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 or debarment of the other Party. All costs necessary to verify compliance are the responsibility of the requesting Party. IN WITNESS THEREOF, the Parties have signed this Agreement: FOR AND ON BEHALF OF CITY OF MESA: FOR AND ON BEHALF OF MARICOPA COUNTY: _________________________________ ___________________________________ Christopher J. Brady, City Manager Chairman, Board of Supervisor _________________________________ ___________________________________ Date Date Attested to: Attested to: ___________________________________ ___________________________________ City Clerk Fran McCarroll, Clerk of the Board This Agreement has been reviewed by the undersigned Legal Counsel for Maricopa County and the City of Mesa City Attorney’s Office 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 ____________, 2015 This _______ day of ____________, 2015 By: _______________________________ By: _______________________________ Assistant City Attorney Legal Counsel for Maricopa County Page 9 of 9