CITY OF TEMPE AGREEMENT FOR YOUTH PROGRAM.PDF

CONTRACT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF TEMPE
1.0 PARTIES
This non-financial agreement between the City of Tempe (hereafter referred to as the “City”) and
Maricopa County (hereafter referred to as the “County”), administered by its Human Services
Department, Maricopa Workforce Connections (hereafter referred to as the “Department” or “MWC”).
The City, the County, the Department and MWC are collectively referred to herein as the “Parties” and
individually as “Party.”
Maricopa County and the City of Tempe are authorized to enter into this agreement under A.R.S. § 11-
952 et seq. and Article 1, Section 1.03 of the City Charter.
2.0 PURPOSE
The purpose of this agreement is to establish a partnership in which the Department shall utilize the City
of Tempe Escalante Center located at 2150 E. Orange Street, Tempe, Arizona 85281 (hereafter referred to
as the “Center”) and the Teen Library located at 3500 S. Rural Road, Tempe, Arizona 85282 to provide
Workforce Innovation and Opportunity Act (WIOA) youth program services.
The Center and Teen Library will serve as a comprehensive WIOA Youth Center for the eastern section
of Maricopa County. A Genesis Youth Career Guidance Specialist (YCGS) will be permanently based at
these locations to conduct outreach, eligibility and case management services to youth.
The Center and Teen Library will house a computer lab and a multi-purpose classroom. These rooms will
be used to provide onsite tutoring, assessments, pro-social activities, various workshops, specialized
training, and use of existing GED classes.
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, 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 system. The Maricopa Workforce
Connection (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. The purpose of youth workforce investment activities are intended to
provide youth development services for economically disadvantaged youth 14 through twenty-four (24)
of age who may face barriers to staying in school, completing high school or finding stable employment.

The MWC WIOA Youth program, known as Genesis Youth Program 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 emphasize on high-demand, high-
growth occupations in Maricopa County;
 Providing on-going mentoring opportunities for eligible youth with adults committed to providing
such opportunities;
 Opportunities for training to eligible youth;
 Youth services such as internships and work experiences in high-demand, high-growth occupations;
 Continued supportive services for eligible youth
 Financial literacy education
 Entrepreneurial skills training Incentives for recognition and achievement to eligible youth
Genesis youth programs 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; and
 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.
4.0 PROGRAM DESIGN
The Genesis Youth program design shall be based on identified local needs. Genesis 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
 Program Completion – Follow-up and Retention Services
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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
 HS graduate who is low income and is basic skills deficient; or an English language learner
 Offender
 Homeless, runaway or foster child
 Pregnant or parenting
 Youth with a disability
 Low-income requiring assistance to complete training or find employment
 Legal citizen or resident of the US with the right to work
 Be registered for Selective Services 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
 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, attitudes 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 that local programs must make fourteen (14) service elements available to both In-
School and Out-of-School Youth.
An In-School Youth is 14 to 21 and has not received a diploma or its equivalent and is attending school
(including alternative school);
An Out of School Youth is 16 to twenty-four (24), a high school dropout (including alternative school)
and has not received a secondary school diploma or its equivalent;
Or 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
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4. Occupational skill training
5. Education offered concurrently and in same context as workforce preparation activities and training
for 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. MWC will refer youth to Tempe
Social Services programs, as needed. MWC will work with the City to develop needed programs.
In addition, specialized services will be provided, as needed, to include: parenting classes, pregnancy
postponement, diversion services, mentoring, specialized counseling for behavioral, substance abuse, etc.
MWC will not duplicate specialized services that are already provided by the City. MWC will work with
the City to develop and/or provide specialized services, as needed.
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 service will be provided in group settings, such as after school activities, job readiness
workshops and life skills training “cohorts”. These “cohorts” will help develop interpersonal skills,
teamwork and promote a supportive atmosphere.
Youth that have completed the program will continue to work with their YCGS for up to 12 months
following the completion of the Genesis program. Post program support 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 that
completed the program. These meetings will provide an opportunity 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.
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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 ensure:
 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 and materials and supplies are available as need for
program delivery
 Maintain all software including the OS
 Supply VOIP phones
 Supply and maintain any other equipment needed (copier, fax, printer)
 Pay for any additional power or network drops. MWC agrees that the City’s chosen supplier will
perform any work needed and MWC will be billed, directly.
 If needed, purchase wireless access point an cable drop in ceiling which will be installed by City
chosen supplier.
 Maintain the wireless connection
 Secure the rooms and property by making sure a MWC staff member is present whenever the room is
open and unlocked
The City shall ensure:
 That MWC have access to the buildings during facilities operating hours for program delivery:
Monday through Friday 8:00 AM to 5:00 PM
 Both locations have large parking lots, MWC staff will utilize
 A point of contact is identified and available as services are provided in the center
 Provide Internet access through a VPN
 Maintain the hardware and network
 Supply City owned furniture
 Provide securable office space
o Tempe Escalante Center 400 square feet
o Teen Library 1500 square feet
 Utilities are paid by the City
6.0 LIFE 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.
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or
further obligation within three years after execution of the contract, if any person significantly involved in
initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time
while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to
the Contract in any capacity or consultant to any other party of the Contract with respect to the subject
matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting
or creating the contract on behalf of the County from any other party to the contract arising as the result of
the Contract. Either party may terminate this agreement at any time, with sixty (60) days notice in writing
to the other party (unless terminated by the Board of Supervisors under availability of funds provision).
Such notice shall be given by personal delivery or by Registered or Certified mail at the addresses
provided for such notice, below.
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7.0 AVAILABILITY OF FUNDS:
This agreement is a non-financial agreement.
As a designated Local Workforce Investment Area, Maricopa County, exclusive of the City of Phoenix,
Maricopa County is the recipient of WIOA funds. Should funding for program activities be reduced for
any reason and these services are not funded, the County and/or the City may take any of the following
actions: (a) Accept a decrease in services offered by the other party; or (b) Cancel the agreement.
8.0 AMENDMENTS:
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 and/or shortened;
 For any other changes in terms and conditions of this agreement which the parties deem substantial.
9.0 NOTICES:
Communication and details concerning this agreement shall be directed to the following contact
representatives:
MWC: City:
Patricia Wallace, Assistant Director Naomi B. Farrell, Human Services Director
Maricopa County Human Services Department City of Tempe
234 N. Central, Suite 3000 3500 S. Rural Rd
Phoenix, AZ 85004 Tempe, Arizona 85282
602-506-4146 480-350-5428
WALLACEP001@mail.maricopa.gov naomi_farrell@tempe.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 the City 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. The City 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, if applicable, concerning such individuals and shall save and hold
the County harmless with respect thereto.
11.0 SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any party of any information concerning an applicant for, or recipient of, service
under this agreement is directly limited to the conduct of this agreement. The City 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.
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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 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 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 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.
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.
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 sections listed above, shall be deemed a material
breach of this agreement that is subject to penalties up to and including termination of the
agreement;
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 that the
parties are complying with the warranty provided under subsections listed above and that
the parties agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection;
14.4.4 That nothing herein shall make the City or its agents or employees of the contracting
government entity.
15.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The City 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 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
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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; and
15.4 Have not within a 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 the IRCA in performing under this
agreement and to permit the other party to 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
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 and/or debarment of the other party. All costs necessary to verify compliance are the
responsibility of the requesting party.
IN WITNESS THEREOF, the Parties have signed this Agreement:
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
CITY OF TEMPE: MARICOPA COUNTY:
_________________________________ ___________________________________
Mark W. Mitchell, Mayor Chairman, Board of Supervisor
_________________________________ ___________________________________
Date Date
Attested to: Attested to:
____________________________________ ______________________________________
Brigitta M. Kuiper, City Clerk Date Fran McCarroll, Clerk of the Board Date
This agreement has been reviewed by the undersigned Legal Counsel for Maricopa County and City of
Tempe Attorney who have determined that it is in proper form and within the power and authority granted
under the laws of the State of Arizona.
By: ______________________________________ By: _______________________________________
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Judith R. Baumann, City Attorney Date Legal Counsel for Maricopa County Date
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