Extracted text (via pymupdf_layout)
22489 characters
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 Social Services (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”). 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 BACKGROUND Maricopa County is one of fifteen 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 purpose of the Workforce Investment Act of 1998 (WIA) is to “provide workforce investment activities through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the Nation.” Title I of the Workforce Investment Act 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 21 years of age who may face barriers to staying in school, completing high school or finding stable employment. The MWC Youth program provides a full range of services such as: 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; Ensure 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; and Incentives for recognition and achievement to eligible youth The MWC 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; City of Tempe 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. 3.0 PURPOSE The purpose of this agreement is to establish a partnership in which the Department shall have access to utilize the City of Tempe Escalante Center located at 2150 E. Orange Street, Tempe, Arizona 85281 (hereafter referred to as the “Center”) to provide WIA youth program services. The center will serve as a comprehensive MWC Youth Center for the eastern section of Maricopa County. A MWC 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 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. 4.0 PROGRAM DESIGN The Youth program design 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 WIA 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 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 Supportive Services Program Completion – Follow-up and Retention Services Program Eligibility - Youth served under WIA must meet the following criteria: Reside within the service area – Maricopa County, outside of the City of Phoenix Low-income as defined by WIA; Ages of 14 through 21 at the time of registration; Legal citizen or resident of the US with the right to work; Have at least one of the following barriers: Page 2 of 8 City of Tempe o Deficient in basic literacy skills (Reading, Math, or Language below the 9th grade level) o Homeless, runaway, or foster child o Pregnant or parenting o Drop Out o Offender o An individual who requires additional assistance to complete an educational program or to secure and hold employment. Individuals who are defined “at-risk” by MWC based upon assessment of skill needs, barriers, and /or referral from: Juvenile Justice Court System, Youth Services Program Providers, or Local Education Agencies 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. WIA mandates that local programs must make 10 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 21, 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. WIA Program Elements: 1. Tutoring, study skills training and instruction leading to secondary school completion, including dropout prevention strategies 2. Alternative secondary school 3. Summer Employment 4. Paid and unpaid work experience 5. Occupational skill training 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 These ten elements will be provided to youth, as needed. When available, MWC will utilize existing Tempe Social Services programs. 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. Page 3 of 8 City of Tempe 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. 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 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. 5.0 RESPONSIBILITIES OF ORGANIZATIONS MWC shall ensure: Staff are available to meet with youth during the designated hours; 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. City 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 room and the items in the room 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 building during the facility operating hours for program delivery Page 4 of 8 City of Tempe 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 existing furniture Provide office space 6.0 LIFE OF THE AGREEMENT: This agreement shall be effective upon signature by both parties and will expire on June 30, 2015. This agreement is subject to cancellation in accordance with the provisions of A.R.S. §§ 38-511. 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. 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. As a designated Local Workforce Investment Area, Maricopa County, exclusive of the City of Phoenix, Maricopa County is the recipient of WIA funds. The MWC Youth Program is funded through the Workforce Investment Act of 1998 (WIA) pass through Arizona Department of Economic Security, Catalog of Federal Domestic Assistance (CFDA): 17.259 - WIA Youth Activities. Should the State Legislature enter back into session and reduce the appropriations for any reason and these services are not funded, 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: o A written amendment, signed by both parties, to this agreement shall be required for every standard purpose listed below and all other purposes; o Whenever the agreement period is lengthened and/or shortened; o 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 Maricopa County Human Services Department Deputy Community Service Director 234 N. Central, Suite 3000 City of Tempe Phoenix, AZ 85004 3500 S. Rural Rd 602-506-4146 Tempe, Arizona 85282 WALLACEP001@mail.maricopa.gov 480-350-5428 naomi_farrell@tempe.gov Page 5 of 8 City of Tempe 10.0 EMPLOYMENT DISCLAIMER 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. 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. 13.0 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: 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. 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. 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. Both parties warrant that it is in compliance with A.R.S. § 41-4401 and further acknowledge: Page 6 of 8 City of Tempe o 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; o 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; o 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; o That nothing herein shall make the City or its agents or employees of the contracting government entity. 14.0 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: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 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; 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 Have not within a three-year period had one or more public transactions (Federal, State, or local) terminated for cause or default. 15.0 FEDERAL IMMIGRATION AND NATIONALITY ACT 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. 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. 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. Page 7 of 8 City of Tempe FOR AND ON BEHALF OF CITY OF FOR AND ON BEHALF OF MARICOPA TEMPE: COUNTY: _________________________________ ___________________________________ Mark W. Mitchell, Mayor Chairman, Board of Supervisor _________________________________ ___________________________________ Date Date Attested to: Attested to: ___________________________________ ___________________________________ Brigitta M. Kuiper, City Clerk Fran McCarroll, Clerk of the Board 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. This _______ day of ____________, 2013 This _______ day of ____________, 2013 By: _______________________________ By: _______________________________ Judith R. Baumann, City Attorney Legal Counsel for Maricopa County Page 8 of 8