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AGREEMENT BETWEEN MARICOPA COUNTY BOARD OF SUPERVISORS AND MARICOPA WORKFORCE CONNECTIONS BOARD IN PERFORMANCE OF WORKFORCE INVESTMENT ACT ACTIVITIES This Agreement is entered into on this _______ day of _______________, 2014 by and between Maricopa County Board of Supervisors, the chief local elected official under the Workforce Investment Act (“WIA”) of 1998 hereinafter referred to as the “Board” and Maricopa Workforce Connections Board, the local workforce investment board under the WIA, hereinafter referred to as “MWC”, collectively be referred to as the “Parties”. The purpose of this Agreement is to outline the responsibilities concerning operation of the local workforce system hereinafter referred to as the “One- Stop System” in Maricopa County as mandated in Section 121 of Public Law 105-220 and 20 CFR Part 667.705. I. GRANT RECIPIENT AND ADMINISTRATIVE ENTITY The Board and MWC designate the Board as the Workforce Investment Act (WIA) of 1998 grant recipient and jointly appoint the Maricopa County Human Services Department, hereinafter referred to as the “Department”, as the administrative entity for all WIA programs operated within Maricopa County outside the City of Phoenix, known as the Local Workforce Investment Area (LWIA) as designated by the State of Arizona. II. AUTHORITIES AND RESPONSIBILITIES HELD JOINTLY BY THE BOARD AND MWC A. The Board and MWC shall jointly develop and approve the Maricopa County Workforce Investment Board Five-Year Business Plan hereinafter referred to as the “Plan”, consistent with the WIA, state plan, State Workforce Investment Board and other state administration entity requirements. B. The Board and MWC shall jointly ensure effective delivery of services in the approved Plan to provide the most beneficial mix of program options for residents of Maricopa County outside the City of Phoenix. C. The Board and MWC shall jointly stimulate the active, effective participation of all sectors of the community, public and private, in the provision of employment and training services. D. The Board and MWC shall jointly: i. Select eligible youth services providers consistent with federal, state and local procurement requirements; and ii. Select eligible providers of adult and dislocated worker intensive and training services; and iii. Assist the state administrative entity in maintaining a list of eligible training providers including cost and performance data through a local approval process; and 1 iv. Conduct oversight of the one stop delivery system including all WIA activities; and v. Negotiate local performance measures; and vi. Appoint a youth council to advise the MWC board on youth activities E. The Board and MWC shall comply with the conflict of interest provisions as cited in the WIA Law and Regulations. III. AUTHORITIES AND RESPONSIBILITIES OF THE MARICOPA WORKFORCE CONNECTIONS Pursuant to WIA, Section 134, MWC shall provide policy guidance and oversight for employment and training activities conducted in the LWIA. For the purpose of this Agreement the term “oversight” means advising and recommending actions to be taken, MWC shall: A. Exercise independent oversight of programs and activities under the Plan. Such oversight shall not be circumscribed by the agreement or any other agreement with the Board. B. Establish and vote on bylaws in accordance with applicable local procedures and applicable state and federal laws in accordance with the WIA Section 117. C. Advise on policy(ies) pertaining to the provisions of the services. D. Advise, review and vote to accept the Plan and any modifications made to the Plan by the Department pursuant to WIA regulations, direction from the Governor’s Workforce Arizona Council and Arizona Department of Economic Security. E. Solicit the input and participation of the public and local business community in the provision of program services to residents of the LWIA. F. Advise on guidelines for the level of skills to be provided in the occupational skills training programs funded by WIA. G. Advise on Adult and Youth competencies in accordance with WIA, Section 129 and 172. H. Utilize labor market information to identify occupations in high demand, unemployment information and recommend changes to service delivery to meet employers/job seeker needs that will provide: i. appropriate linkages to services under WIA; ii. economic development activities in the area; and iii. expansion of activities IV. AUTHORITIES AND RESPONSIBILITIES OF THE BOARD AND THE DEPARTMENT A. The Board shall ensure compliance with administrative duties and responsibilities as required by the Act and regulations thereto. 2 B. The Board shall approve and accept receipt of all WIA funds through the formal Board approval process. C. The Board shall maintain financial liability for the proper administration of funds received pursuant to the requirements of WIA Section 117(d)(3)(B). D. The Department shall prepare an annual operating budget for the provisions of the WIA activities. Such operating budget shall provide details of Department administrative, management and policy responsibilities under the Act and other relevant Federal and State legislation. E. The Board shall approve the MWC’s budget annually. F. The Department shall administer programs as described in the Plan consistent with the Act and the rules and regulations promulgated thereto. The Department shall comply with federal, state and local laws, rules, and regulations as prescribed by the Act. G. The Department shall ensure procurement and competitive bid processes are followed in the selection of program and service providers’ that are funded through WIA. H. The Board shall approve the appointment of MWC officers, and members and in accordance with WIA, Section 117(c)(1) in accordance with the criteria established on Section 117(b) of WIA and the guidelines of the policy of the State Workforce Investment Board on behalf of the Governor. Such officers shall be removed and vacancies replaced in accordance with the same. I. The Board shall establish a youth council, and appoint, remove and replace vacancies created thereby in accordance with WIA 117(h). J. The Board shall approve the MWC bylaws and modifications. V. RESOLUTIONS OF POLICY DISAGREEMENTS In the event that MWC and the Board cannot reach mutual agreement on a policy decision, such as the approval of the Plan, representatives of MWC and the Board shall meet to discuss areas of disagreement in order to reach agreement. Unresolved issues on the Plan shall be submitted to a three member panel consisting of MWC Chairperson, a Board Chairperson and a third impartial representative of the Governor’s Workforce Arizona Council acceptable to both MWC and the Board. If the issue cannot be resolved at this level, an appeal shall be made to the Department of Labor pursuant to the WIA. VI. AMENDMENTS Either MWC or the Board may propose amendments to this agreement either in the form or the local plan or a separate contract at any time by providing written notice to the other party of any proposed amendments. Amendments to the Agreement shall be in writing and require majority approval by both MWC and formal approval by the Board. Amendments, if any must be maintained by the Department and available for monitoring by the state administrative agency, the Arizona Department of Economic Security. 3 VII. TERM OF AGREEMENT The term of the Agreement shall commence on the date stated on the cover page of this Agreement through June 30, 2017, and thereafter shall automatically be renewed from program year to program year unless; (1) either party gives at least 30 days notice to the others of its intention not to renew, or (2) MWC prepares and submits a new Plan. VIII. CONFLICT WAIVER The parties to this agreement acknowledge that they are aware that the Civil Services Division of the Maricopa County Attorney’s Office (Civil Division) may be chosen as the attorney for other parties to this agreement, and the signing party acknowledges that it is aware of a potential conflict of interest, and it waives any claim of conflict of interest, which may arise by virtue of Civil Division’s representation of other parties to this agreement. IX. TERMINATION This Agreement is subject to cancellation in accordance with the provisions of A.R.S. § 38-511. In the event conflict arises, the Parties agree to make every effort to reconcile conflicts and make reasonable provisions to ensure neither party will suffer as a consequence of conflict. Either party may terminate this Agreement any time upon delivering a written notice of termination to the other party 30 days in advance of the requested date of termination. Such notice shall be given by personal delivery or by Registered or Certified mail. This Agreement may be terminated by mutual written agreement of the parties specifying the termination date therein. X. NOTICES: Communication and details concerning this Agreement shall be directed to the following contract representatives: Chairman, Maricopa Workforce Connection c/o Maricopa County Human Services Department 234 North Central, 3rd Floor Phoenix, AZ 85004 602-506-5911 Chairman, Maricopa County Board of Supervisors 301 W. Jefferson, 10th Floor Phoenix, AZ 85004 602-506-3766 XI. 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, 4 omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. Parties having reviewed and approved this Agreement, hereto agree to be bound by the provisions herein set forth. MARICOPA COUNTY MARICOPA WORKFORCE BOARD OF SUPERVISORS CONNECTIONS ____________________________ ____________________________ Denny Barney, Chairman Kelsie McClendon ____________________________ ____________________________ Date Date ATTESTED TO: APPROVED AS TO FORM: ____________________________ _____________________________ Clerk of the Board DEPUTY COUNTY ATTORNEY ____________________________ ____________________________ Date Date 5