LICENSE AMENDMENT 2 DES G-30125.DOC
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License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 AMENDMENT NO. 2 (“Amendment”) TO LICENSE AND FEE AGREEMENT FOR USE OF REAL PROPERTY BETWEEN MARICOPA COUNTY, (“LICENSOR”) AND ARIZONA DEPARTMENT OF ECONOMIC SECURITY EMPLOYMENT ADMINISTRATION, (“LICENSEE”) RECITALS A. Licensor and Licensee, hereinafter sometimes collectively referred to as “Parties,” are parties to that certain License and Fee Agreement No. G-30125, as amended by Amendment to License and Fee Agreement (The License) and approved by the Maricopa County Board of Supervisors on July 25, 2012, and November 1, 2013, respectively. The License is for use of premises at both Maricopa Workforce Connections One-Stop Career Centers: West Valley Career Center located at 1840 N. 95th Ave #160 Phoenix, AZ 85037 and East Valley Career Center located at 735 North Gilbert Road, Suite 134, Gilbert, AZ. B. The term of the License expires on June 30, 2015. C. Licensor and Licensee now mutually desire to amend the license to revise the Recitals, to adjust reimbursement amounts, and to amend the following Sections of the License: Section 11. Reimbursement Exhibit 2 Facilities Operation costs AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable considerations, Licensee and Licensor agree to amend License No. G-30125 as follows: The Amendment is effective upon signature by both Parties. 1. RECITALS License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 WHEREAS, Licensor is duly authorized to execute and administer agreements under A.R.S. §§ 11-201, 11-251 & 11-952; and WHEREAS, Licensee is duly authorized to execute and administer contracts under A.R.S. §41-1954 (A) (1) (d); and WHEREAS, Parties are authorized by A.R.S. §11-952 et seq. to enter into agreements for joint or cooperative action and to contract for the services specified in this Agreement; and WHEREAS, Licensor operates the Maricopa County Workforce Connections One Stop Career Centers (the Centers): West Valley One Stop Career Center (“Facility 1”) located at 1840 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 the Facilities 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 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 in the Facilities. Licensee may access and use Licensor’s copy and fax machines solely for supporting activities to fulfill Licensee’s case management services and designated phones of Licensor as assigned to Licensee by Licensor solely for supporting activities to fulfill Licensee’s case management services; and WHEREAS, the area of the Premises available to Licensee within the Facilities for the use contemplated by this License shall be at the sole discretion of Licensor; and WHEREAS, Licensee shall reimburse Licensor for Licensee’s share of proportional costs associated with the operation of the Centers in accordance with the space used by Licensee; and WHEREAS, the Parties desire to enter into this Amendment of the License that permits Licensee to enter into the Facilities and use the Premises as a strategic partner of Licensor and as further described herein; and License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 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: 2. Section 11 – Reimbursement Section 11 of the License is deleted in its entirety and is replaced with the following: The Parties agree that the costs associated with the operation of the Facilities are shared among the strategic partners and agencies that are co-located in the Facilities. Licensee’s yearly reimbursement amount associated with this License is $123,816.85 for Facility 1 and $19,890.07 for Facility 2. For the purpose of calculating Licensee’s reimbursement amount, the Parties agree that the area of Facility 1 for DES programs are as follows: Employment Administration (EA) Licensee’s staff occupied space is 1,780 square feet. Reimbursement $44,323.52 Licensee’s allocation of common area space is 1,904 square feet. Reimbursement $47,402.11 Total space assigned to Licensee is 3,684 square feet. Total reimbursement $91,725.64 Veterans (Vets) Licensee’s staff occupied space is 262 square feet. Reimbursement $6,524.02 Licensee’s allocation of common area space is 280 square feet. Reimbursement $6,977.16 Total space assigned to Licensee is 542 square feet. Total reimbursement $13,501.19 Vocational Rehabilitation (Voc Rehab) Licensee’s staff occupied space is 132 square feet. Reimbursement $3,286.91 Licensee’s allocation of common area space is 141 square feet. Reimbursement $3,515.21 Total space assigned to Licensee is 273 square feet. Total Reimbursement $6,802.13 Jobs MAXIMUS Licensee’s staff occupied space is 839 square feet. Reimbursement $20,891.82 Licensee’s allocation of common area space is 897 square feet. Reimbursement $22,336.07 Total space assigned to Licensee is 1,736 square feet. Total reimbursement $43,227.89 License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 Parties agree that Licensee shall reimburse fully for space allocated to EA, Vets & Voc Rehab but will only reimburse Licensor $11,787.89 yearly for the space costs associated with Jobs MAXIMUS. Under a separate agreement, MAXIMUS (P-50178/C-22-12-022- L) will provide In-Kind contribution in the value of $31,440.00 Licensee shall not be responsible for additional MAXIMUS costs. Licensee shall reimburse Licensor $123,816.84 yearly for Facility 1. Licensee’s monthly reimbursement amount for Facility 1 shall be $10,318.07 For the purpose of calculating Licensee’s reimbursement amount, the Parties agree that the area of Facility 2 for DES programs are as follows: Employment Administration (EA) Licensee’s staff occupied space is 406 square feet. Reimbursement $8,683.19 Licensee’s allocation of common area space is 233 square feet. Reimbursement $4,983.21 Total space assigned to Licensee is 639 square feet. Total reimbursement $13,666.40 Vocational Rehabilitation (Voc Rehab) Licensee’s staff occupied space is 100 square feet. Reimbursement $2,138.72 Licensee’s allocation of common area space is 57 square feet. Reimbursement $1,219.07 Total space assigned to Licensee is 157 square feet. Total Reimbursement $3,357.79 Veterans (Vets) Licensee’s staff occupied space is 85 square feet. Reimbursement $1,817.91 Licensee’s allocation of common area space is 49 square feet. Reimbursement $1,047.97 Total space assigned to Licensee is 134 square feet. Total reimbursement $2,865.88 Licensee shall reimburse Licensor $19,890.07 yearly for Facility 2. Licensee’s monthly reimbursement amount shall be $1,657.51 3. The effective date of this Amendment is upon signature of both Parties. 4. The foregoing paragraphs contain all the changes made by this amendment. All other terms and conditions of the original agreement remain the same and in full force and effect. License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 IN WITNESS THEREOF, the parties have signed this amendment: FOR AND ON BEHALF OF FOR AND ON BEHALF OF MARICOPA COUNTY: ARIZONA DEPARTMENT OF ECONOMIC SECURITY By: _______________________________ By: _______________________________ Chairman, Board of Supervisors Procurement Officer Signature Date: _____________________________ Cathie G. Rodman, Procurement Officer Printed Name & Title Date: _____________________________ Attested to:_________________________ Clerk of the Board IN ACCORDANCE WITH A.R.S §11-952 THIS AMENDMENT HAS BEEN REVIEWED BY THE UNDERSIGNED WHO HAVE DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY. By: __________________________________ By: __________________________________ Deputy County Attorney Assistant Attorney General Date: _____________________________ Date: _____________________________ License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 EXHIBIT 2 Facility 1 West Valley One Stop Career Center Operating Costs Annualized 2014 Monthly Yearly Program Costs Costs Costs Center Rent 54,676 656,107 Printer/Copier 1,375 16,500 Security 3,742 44,900 Janitorial Utilities 5,029 60,350 Repairs & Maint. 3,054 36,650 Total 67,876 814,507 Proportional Cost Allocated by Sq Ft Annualized Facility Sq Ft. 32,710 Costs Share Sq Ft 2014 Direct 48.33% 15,809 393,657.63 Common 51.67% 16,901 420,849.37 Total 814,507.00 Directly Occupied Space 15,809 Sq Ft. Annualized Partner Sq Ft Costs WDD 80.53% 12,731 317,012.80 Partners 19.47% 3,078 76,644.83 Total 393,657.63 Proportional Share Common 16,901 Sq Ft. Annualized Partner Percentage Costs WDD 80.53% 13,610 338,900.65 Partners 19.47% 3,291 81,948.72 Total 420,849.37 Total Space Cost Sharing License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 EXHIBIT 2 WDD 655,913.45 Partners 158,593.55 Total 814,507.00 License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 EXHIBIT 2 DES Allocated Space and Costs - Facility 1 Annualized Partner Space Allocation Sq Ft Costs Monthly Costs Direct 48.33% 3,078 76,644.83 6,387.07 Common 51.67% 3,291 81,948.72 6,829.06 Total 6,369 158,593.55 13,216.13 All DES Programs Proportional Cost Allocated by Sq Ft % of overall space in Annualized Monthly Center Sq Ft Amount Costs Costs Direct 70.63% 2,174 54,134.46 4,511.21 Common 70.65% 2,325 57,894.49 4,824.54 Total 4,499 112,028.95 9,335.75 Maximus Proportional Cost Allocation by Sq Ft Direct 27.26% 839 20,891.82 1,740.98 Common 27.26% 897 22,336.07 1,861.34 Total 1,736 43,227.89 3,602.32 Maximus In-Kind 31,440.00 2,620.00 DES to Pay for Maximus 11,787.89 982.23 Employment Services 81.88% of DES Allocation Annualized Monthly Directly Occupied Space Costs Costs 1 Office 136 136 3,386.52 282.21 1 Offices 135 135 3,361.62 280.13 13 Cubicles Each 64 832 20,717.51 1,726.46 1 Orientation Rm 390 390 9,711.33 809.28 1 File room 80 80 1,992.07 166.01 2 Printer areas Each 64 128 3,187.31 265.61 Reception Desk 79 79 1,967.17 163.93 Total 1,780 44,323.52 3,693.63 Employment Services 81.88% of DES Common Allocation 1,904 47,402.11 3,950.18 Employment Services Total Costs 91,725.64 7,643.80 License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 EXHIBIT 2 Veteran Services 12.05% of DES Allocation 3 Cubicles Each 66 198 4,930.37 410.86 1 Cubicle 64 64 1,593.65 132.80 Total 262 6,524.02 543.67 Veteran Services 12.05% of DES Common Allocation 280 6,977.16 581.43 Veteran Services Total Costs 13,501.19 1,125.10 Voc Rehab 6.07% of DES Allocation 2 Cubicle Each 66 132 3,286.91 273.91 Voc Rehab 6.07% of DES Common Allocation 141 3,515.21 292.93 Voc Rehab Total Costs 6,802.13 566.84 License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 EXHIBIT 2 Facility 2 East Valley One Stop Career Center Operating Costs Annualized 2014 Monthly Annualized Program Costs Costs Costs Center Rent 28,527 342,322 Printer/Copier 1,492 17,900 Security 3,325 39,900 Janitorial 1,521 18,250 Utilities 4,490 53,875 Repairs & Maint. 2,592 31,100 Total 41,946 503,347 Proportional Cost Allocated by Sq Ft Annualized Facility Sq Ft. 23,535 Costs Share Sq Ft 2014 Direct 63.56% 14,960 319,952.03 Common 36.44% 8,575 183,394.97 Total 503,347.00 Directly Occupied Space 14,960 Sq Ft. Annualized Partner Sq Ft Costs WDD 90.13% 13,483 288,363.19 Partners 9.87% 1,477 31,588.85 Total 319,952.03 Proportional Share Common 8,575 Sq Ft. Annualized Partner Percentage Costs WDD 90.12% 7,728 165,280.03 Partners 9.88% 847 18,114.93 Total 183,394.97 Total Space Cost Sharing License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 EXHIBIT 2 WDD 453,643.22 Partners 49,703.78 Total 503,347.00 License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 EXHIBIT 2 DES Allocated Space and Costs - Facility 2 Annualized Monthly Partner Space Allocation Sq Ft Costs Costs Direct 63.55% 1,477 31,588.85 2,632.40 Common 36.45% 847 18,144.93 1,509.58 Total 2,324 49,703.78 4,141.98 All DES Programs Proportional Cost Allocated by Sq Ft % of overall space in Annualized Monthly Center Sq Ft Amount Costs Costs Direct 40.01% 591 12,639.82 1,053.32 Common 40.02% 339 7,250.25 604.19 Total 930 19,890.07 1,657.51 Employment Services 68.70% of DES Allocation Annualized Monthly Directly Occupied Space Costs Costs 1 Cubicle 90 90 1,924.85 160.40 1 Cubicle 85 85 1,817.91 151.49 1 Cubicle 105 105 2,245.65 187.14 1 Cubicle 100 100 2,138.72 178.23 MIS Room 26 26 556.07 46.34 Total 406 8,683.19 723.60 Employment Services 68.73% of DES Common Allocation 233 4,983.21 415.27 Employment Services Total Costs 13,666.40 1,138.87 Veteran Services 14.38% of DES Allocation 1 Cubicle Each 85 85 1,817.91 151.49 Veteran Services 14.45% of DES Common Allocation 49 1,047.97 87.33 Veteran Services Total Costs 2,865.88 238.82 Voc Rehab 16.92% of DES Allocation License Agreement No. G-30125 Amendment No. 02 C-22-13-001-3-02 EXHIBIT 2 1 Office Each 100 100 2,138.72 178.23 Voc Rehab 16.81% of DES Common Allocation 57 1,219.07 101.59 Voc Rehab Total Costs 3,357.79 279.82