CITY OF MESA YOUTH PROGRAM AGREEMENT.PDF

Maricopa County — Formal (2015-06-24)

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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
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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).
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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
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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.
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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
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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.
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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
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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
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