INTERGOVERNMENTAL AGREEMENT.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF PHOENIX
ADMINISTERED BY ITS
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
This agreement is made by and between the City of Phoenix, a municipal corporation,
administered by and through its Community and Economic Development Department
(hereafter referred to as “City”) and Maricopa County, a political body duly organized and
existing under the laws of the state of Arizona, administered by and through its Human
Services Department, (hereafter referred to as “County”). City and the County are
collectively referred to herein as the “Parties” and individually as “Party.”
Maricopa County and the City are authorized to enter into this Agreement under
A.R.S. §§ 11-201 et seq.,11-254.04 and 11-952.
RECITALS
Whereas Maricopa County and the City of Phoenix are committed to providing workforce
development services to assist and connect job seekers and employers; and,
Whereas, Maricopa County and the City of Phoenix are each recognized as separate
workforce development local areas by the State and receive federal Workforce Innovation
and Opportunity Act (WIOA) funding from the State each with separate local area plans,
policies, and service delivery procedures; and,
Whereas individuals look for employment throughout the region of Maricopa County and
the City of Phoenix and employers hire staff to meet the needs of their businesses who
expect and deserve a consistent level of public service throughout the County; and,
Whereas changes to federal law and regulation promote regionalism to align workforce
development resources to regional economies to ensure coordinated and efficient services
to both job seekers and employers;
Therefore, the parties agree as follows:
1. PURPOSE
Maricopa County and the City of Phoenix will establish the Joint Regional
Workforce Development planning process to improve the efficiency and
effectiveness of workforce development services and service delivery in Maricopa
County and the City of Phoenix.
The planning process will be convened by the Director of the Maricopa County
Human Services Department and the City of Phoenix Director of Community and
Economic Development.

The Joint Regional Workforce Development planning process will:
1.1 Address services for adults, youth, dislocated workers, and employer
services including responses to layoffs;
1.2 Identify short, mid, and long-range improvements with timeframes and
future improvements that may require authorization;
1.3 Implement improvements, as allowable under existing laws, regulations, and
Agreements, that will make immediate improvements;
1.4 Include a process for stakeholder input;
1.5 Issue a report to the Maricopa County Board of Supervisors and the
Phoenix City Council that summarizes items 1.1 through 1.4 by March 31,
2016.
2. EFFECTIVE DATE, TERM AND TERMINATION
2.1. This Agreement shall be effective July 1, 2015 and expire on June 30, 2017.
This agreement may be renewed for (2) additional two-year periods upon the
written agreement of the parties
2.2. The Agreement may be terminated by either Party with sixty (60) days’ notice
in writing to the other party. Such notice shall be given by personal delivery
or by Registered or Certified mail.
2.3. This Agreement is subject to the provisions of A.R.S. § 38-511. Pursuant
to A.R.S. §38- 511, the County or any or agency of the County may, within
three years after its execution, cancel any Agreement, without penalty or
further obligation, if any person significantly involved in initiating,
negotiating, securing, drafting or creating the Agreement on behalf of the
state, its political subdivisions or any of the departments or agencies of
either is, at any time while the Agreement or any extension of the Agreement
is in effect, an employee or agent of any other party to the Agreement in
any capacity or a consultant to any other party of the Agreement with
respect to the subject matter of the Agreement. A cancellation made
pursuant to this provision shall be effective when either party receives written
notice of the cancellation unless the notice specifies a later time.
2.4. If any action is taken by any State agency, federal department or any other
agency or instrumentality to suspend, decrease or terminate its fiscal
obligation under, or in connection with this Agreement, the Parties may
amend, suspend, decrease or terminate its obligations under or in
connection with this Agreement. In the event of termination, the Parties shall
be liable for payment only for services rendered prior to the effective date of
the termination, provided that such services performed are in accordance
with the provisions of this Agreement. The Parties shall give written notice of
the effective date of any suspension, amendment, or termination under this
section at least ten (10) calendar days in advance.

2.5. This Agreement may be terminated by mutual written agreement of the
parties specifying the termination date therein.
3. AMENDMENTS
Any change to this Agreement shall be in writing and signed by both parties.
4. NOTICES
Communication and details concerning this Agreement shall be directed to the
following Agreement representatives:
Maricopa County Human Services Department:
Bruce Liggett, Director
Maricopa County Human Services Department
234 N. Central, Suite 3000
Phoenix, AZ 85004
602-506-0066 liggettb@mail.maricopa.gov
City of Phoenix Community and Economic Development
Christine Mackay, Director
City of Phoenix Community and Economic Development
200 West Washington Street, 20th Floor,
Phoenix, Arizona 85003
602-534-9049 christine.mackay@phoenix.gov
5. EMPLOYMENT DISCLAIMER
5.1 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.
5.2 The parties agree that no individual performing under this Agreement on
behalf of one Party is to be considered an employee of the other Party, and
that no rights of either party’s civil service, retirement, or personnel rules shall
accrue to such individual. The Parties 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 clients and shall save and hold the County harmless
with respect thereto.
6. NON-LIABILITY
6.1 Neither Party, its officers, representatives, agents and employees shall be
liable for any act or omission by the other Party, or any Subcontractor or any
officer, representative, agent, or employee of the other Party or any
Subcontractor that relates to this Agreement, and shall not be liable for any
purchases or contracts made by the other Party any Subcontractor, or any
officer, representative, agent, or employee of the other Party or any
Subcontractor, in connection with this Agreement.

7. RECIPROCAL INDEMNIFICATION
6.1 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.
8. INSURANCE
GENERAL LIABILITY INSURANCE EXCEPTION
Each party is a public entity, the Insurance Policy requirements shall not apply.
Instead each party shall provide to the other party a Certificate of Self- Insurance
equal to:
General Aggregate $3,000,000
Each Occurrence Limit $1,000,000
9. COMPLIANCE WITH APPLICABLE LAWS
9.1 Each party shall comply with all applicable laws, ordinances, Executive
Orders, rules, regulations, standards, and codes of the Federal, State, and
Local governments whether or not specifically referenced herein. Specifically,
the following apply:
9.2 Unless exempt under Federal law, both parties shall comply with Title VII of
the Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act, and State Executive Order No. 75-5, as updated in State
Executive Order No. 99-4, which mandates that all persons, regardless of
race, color, religion, sex, age, national origin, or political affiliation, shall have
equal access to employment opportunities. Both parties shall comply with
the Rehabilitation Act of 1973, as amended, which prohibits discrimination in
the employment of qualified persons because of physical or mental
disability. Both parties shall comply with the requirements of the Fair Labor
Standards Act of 1938, as amended.
9.3 Both parties shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits the denial of benefits of, or participation in, Agreement 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 Agreement 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 Agreement programs, services, and activities.
9.4 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
9.4.1 That each Party 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;

9.4.2 That a breach of a warranty under subsection 9.4.1 above, shall be
deemed a material breach of this Agreement that is subject to
penalties up to and including termination of the Agreement;
9.4.3 That the Parties retain the legal right to inspect the papers of any
contractor or subcontractor employee who works on this Agreement
to ensure that the Party or its subcontractor is complying with the
warranty provided under subsection 8.4.1 and that the contractor
agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to
facilitate such an inspection; and
9.4.4 That nothing herein shall make CITY or its subcontractor’s agents or
employees of the COUNTY.
10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
10.1 Each Party certifies to the best of its knowledge and belief, that it and its
directors, officers and agents:
10.1.1 Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;
10.1.2 Have not within a three-year period been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract
under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
10.1.3 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 paragraph 9.1.2;
and
10.1.4 Have not within a three-year period had one or more public
transactions (Federal, State, or local) terminated for cause or default.
11. FEDERAL IMMIGRATION AND NATIONALITY ACT
11.1 The CITY understands and acknowledges the applicability of the Immigration
Reform and Control Act of 1986 (IRCA). CITY agrees to comply with the
IRCA in performing under this Agreement and to permit County inspection of
personnel records to verify such compliance.
11.2 By entering into this Agreement, both parties warrant compliance with the
Federal Immigration and Nationality Act (FINA) and all other Federal
immigration laws and regulations related to the immigration status of its
employees. Both parties shall obtain statements from their subcontractors
certifying compliance and shall furnish the statements to the Procurement
Officer upon request. These warranties shall remain in effect through the term
of the Agreement. Both parties and their subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the U.S.

Department of Labor’s Immigration and Control Act for all employees
performing work under the Agreement. I-9 forms are available for download at
USCIS.GOV.
11.3 The County may request verification of compliance for any Party or
subcontractor performing work under the Agreement. Should the County
suspect or find that the CITY or any of its subcontractors are not in
compliance, the County may pursue any and all remedies allowed by law,
including, but not limited to: suspension of work, termination of the
Agreement for default, and suspension and/or debarment of the Party. All
costs necessary to verify compliance are the responsibility of the Party.
IN WITNESS THEREOF, the Parties have signed this Agreement:
FOR AND ON BEHALF OF: FOR AND ON BEHALF OF:
THE CITY OF PHOENIX MARICOPA COUNTY
___________________________________
___________________________________ Steve Chucri, Chairman, Board of
Supervisors
___________________ ___________________
Date Date
ATTEST: ATTESTED TO:
___________________________________ ___________________________________
City Clerk City Clerk
This Agreement which is an agreement between public agencies, has been reviewed
pursuant to A.R.S. §11-952 by the undersigned, who has determined that it is in the proper
form and is within the power and authority granted under the laws of the State of Arizona to
those parties to the Agreement represented by the County and the City Attorney.
APPROVED AS TO FORM APPROVED AS TO FORM
___________________________________ ____________________________________
City Attorney Date Deputy County Attorney Date