Extracted text (via pymupdf_layout)
25835 characters
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF MESA 1.0 PARTIES This non-financial intergovernmental agreement (“Agreement”) between the City of Mesa (hereinafter referred to as the “City”) and Maricopa County (hereinafter referred to as the “County”), administered by its Human Services Department, Maricopa Workforce Connections (hereinafter referred to as the “Department” or “MWC”). Maricopa County and the City of Mesa are authorized to enter into this Agreement under A.R.S. § 11-952 et seq. and Article 1, Section 103 of the City Charter. The Parties to this Agreement may be referred to collectively as the “Parties” and individually as a “Party”. 2.0 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 workforce system. 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 WIA provides local areas with three funding streams to make services available to adults, dislocated adults, and youth. Youth workforce investment activities are intended to provide youth development services for economically disadvantaged youth fourteen (14) through twenty-one (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 emphasis 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 Incentives for recognition and achievement to eligible youth The MWC youth program’s 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 City of Mesa 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. The City is committed to improving the quality of life of Mesa residents. The City desires to partner with the County for the development of the MWC youth program in Mesa for the benefit of Mesa residents and citizens in the surrounding communities. 3.0 PURPOSE The purpose of this Agreement is to establish a partnership in which the Department shall have access to utilize the Mesa Main Library located at 64 E. 1st Street, Mesa AZ 85201 (hereinafter referred to as the “Center”) to provide WIA youth program services(“Youth Program”). 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 GED classes, tutoring, assessments, pro-social activities, various workshops, and specialized training. 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, and City and County departments to enhance the youth program activities. 4.0 PROGRAM DESIGN The Youth Program design at the Center 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 in the Youth Program under WIA must meet all of the following criteria: Reside within the service area – Maricopa County, outside of the City of Phoenix Low-income as defined by WIA Be between the ages of fourteen (14) through twenty-one (21) at the time of registration Page 2 of 8 City of Mesa Legal citizen or resident of the U.S. with the right to work Be registered for Selective Service as appropriate Have at least one of the following barriers: 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 Dropped out of school o Criminal 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 ten (10) service program elements available to both In- School and Out-of-School Youth. An In-School Youth is fourteen (14) to twenty-one (21) years of age and has not received a high school diploma or its equivalent and is attending school (including alternative school). An Out of School Youth is sixteen (16) to twenty-one (21) years of age, 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 Ten (10) WIA Service 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 (10) elements will be provided to youth, as needed based upon a youth’s ISS. In addition, specialized services will be provided to a youth, as needed based upon an ISS, to include: parenting classes, pregnancy postponement, diversion services, mentoring, specialized counseling for behavioral, substance abuse, etc. Page 3 of 8 City of Mesa 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 services 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 twelve (12) months following the completion of the youth’s participation in the Youth Program. Post Youth Program support for a youth 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 complete their participation on the Youth 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: Provide programming for the Youth Program as set forth in section 4.0 above in accordance with WIA regulation 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 Additional Voice Over Internet Protocol phones are available if needed Supply and maintain all equipment needed (computers, copier, fax, printers, etc.) Expenses for network expansion/accessibility and utility availability will be paid directly by MWC to the City’s identified vendor. MWC and City IT staff will meet with the appropriate vendor(s) to identify the required changes and charges. Maintain the wireless internet connection Secure the room at the Center and the items in the room by making sure a MWC staff member is present whenever the room is open and unlocked DSL Internet access into the building. The City shall ensure: That MWC have access to the Center during the designated hours for program delivery A point of contact for the City is identified and available as services are provided in the Center Supply existing furniture for the rooms at the Center to be utilized for the Youth Program That two (2) Voice Over Internet Protocol phones are available Page 4 of 8 City of Mesa 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 for convenience at any time, 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. This Agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. This Agreement may be terminated for cause if either Party defaults by failing to carry out a term or provision of this Agreement. In the event a Party is in default then the other Party will provide written notice to the defaulting Party of the default. The defaulting Party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the Parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure to cure the default during the cure period will provide the non-defaulting Party with the grounds to terminate this Agreement. The non-defaulting Party will provide notice of the termination to the other Party; such notice will be given by personal delivery or by registered or certified mail. The termination will be effective upon receipt of the notice by the non-terminating Party. 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, is the recipient of WIA funds. The MWC Youth Program is funded through the WIA pass through Arizona Department of Economic Security, Catalog of Federal Domestic Assistance: 17.259 - WIA Youth Activities. Should the Arizona state legislature reduce the appropriations 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. The cancelling Party will provide notice of the cancellation to the other Party; such notice will be given by personal delivery or by registered or certified mail. The cancellation will be effective upon receipt of the notice by the non- terminating Party. 8.0 AMENDMENTS, ENTIRE AGREEMENT, SURVIVING PROVISIONS, SEVERABILITY There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both Parties. This Agreement supersedes all prior oral or written agreements, if any, between the Parties, and constitutes the entire agreement between the Parties with respect to the subject matter. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of Page 5 of 8 City of Mesa this Agreement will not release any Party from any liability or obligation arising prior to the date of termination. 9.0 NOTICES Communications and details concerning this Agreement shall be directed to the following contact representatives: MWC: City: Patricia Wallace, Assistant Director Kathy Little, Branch Coordinator Maricopa County Human Services Department Mesa Public Library 234 N. Central, Suite 3000 City of Mesa Phoenix, AZ 85004 64 E. First Street (602) 506-4146 Mesa, AZ 85201 WALLACEP001@mail.maricopa.gov (480) 644-2726 Kathy.little@mesaaz.gov 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. The Parties agree that no individual performing under this Agreement on behalf of the County is to be considered a City employee, and that no rights of City civil service, City retirement, or City personnel rules shall accrue to such individual. The County 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 City 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. The Parties acknowledge that each Party is a public entity subject to Arizona’s public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. 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. Page 6 of 8 City of Mesa 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. Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledge: 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 the subsections 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 Parties retain 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 the 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. 14.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION Each Party 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 the previous 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. Have not within the previous 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 Page 7 of 8 City of Mesa The Parties understand and acknowledge the applicability of the Immigration Reform and Control Act of 1986 (“IRCA”). The Parties agree to comply with IRCA in performing under this Agreement and to permit the other Party 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 office of the other Party 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. FOR AND ON BEHALF OF CITY OF MESA: FOR AND ON BEHALF OF MARICOPA COUNTY: _________________________________ ___________________________________ Christopher J. Brady, City Manager Chairman, Board of Supervisor _________________________________ ___________________________________ Date Date Attested to: Attested to: ___________________________________ City ___________________________________ Fran Clerk McCarroll, Clerk of the Board This Agreement has been reviewed by the undersigned Legal Counsel for Maricopa County and the City of Mesa City Attorney’s Office 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: _______________________________ Assistant City Attorney Legal Counsel for Maricopa County Page 8 of 8