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License Agreement No. P-50178 Amendment No. 01 C-22-12-022-L-01 AMENDMENT TO LICENSE AND FEE AGREEMENT FOR USE OF REAL PROPERTY BETWEEN MARICOPA COUNTY, (“LICENSOR”) AND MAXIMUS HUMAN SERVICES, INC., (“LICENSEE”) RECITALS A. Licensor and Licensee are parties to that certain License and Fee Agreement No. P50178 (the “License”) and approved by the Maricopa County Board of Supervisors on September 28, 2011. 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, 2013. C. Licensor and Licensee now mutually desire to amend the license to revise the Recitals, create a new term, exercise the renewal option for one year, to adjust space allocation, to adjust the annual cost schedule and In-Kind contribution to offset monthly costs, and to amend the following Sections of the License: Section 3. Term; Section 8. Insurance; Section 10. Background Checks; Section 40. Licensor Notices; Section 42. Costs & License Area; and Section 43. Resource Sharing Agreement & Understanding Regarding the Maricopa Workforce Connections One-Stop Centers AGREEMENT NOW THEREFORE, in consideration of the foregoing and other valuable considerations, Licensee and Licensor agree to amend License No. P50178 as follows: The License is effective upon signature by both Parties. 1. RECITALS 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 particiapants. The “Premises” shall Page 1 of 16 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 fullful 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 propotional costs associated with the operation of the Facilities in accordance with the space used by Licensee; and WHEREAS, the Parties desire to amend 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 WHEREAS, Licensee shall abide by the recitals and the Exhibits attached to this License amendment. NOW, THEREFORE, in consideration of the following mutual covenants, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 2. Section 3 - Term: The term as described under Section 3 of the License is hereby amended to expire on June 30, 2014. This Agreement is subject to termination pursuant to the provisions of A.R.S. 38-511. In addition, the License is modified to include the following: Licensor grants to Licensee the option to renew this Lease for two additional one (1) year terms provided Licensee is in full compliance with all terms and conditions of this License. Licensee may exercise said Renewal Term by giving written notice to Licensor at least sixty (60) days prior to the expiration of the License. The granting of the Renewal term shall be at the sole discretion of Licensor and upon mutual agreement by the parties in writing. Any renewal of this License shall be on the same terms, covenants and conditions contained in this License unless the parties otherwise agree in writing. 3. Section 8 – Insurance The following language is added to Sectoin 8 of the License: a. Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual liability coverage,. --We are a service firm, not construction or manufacturing; therefore, do not have this coverage. b. Workers’ Compensation. Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Lessee’s employees engaged in the performance of the work or services under this Lease; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 policy limit by disease, and $1,000,000 each employee by disease. Page 2 of 16 c. Additional Insured. The insurance coverage, except Workers’ Compensation, required by this Agreement, shall name Maricopa County its agents, representatives, officers, directors, officials and employees, as Additional Insured. 4. Section 10 – Background Checks Section 10 of the License is deleted in its entirety and replaces with the following: Licensee shall ensure that all program staff that has direct contact with clients/participants shall obtain a state and federal criminal records check pursuant to section A.R.S. § 41-1750 and Public Law 92-544. Licensee shall provide confirmation that all program staff that has direct contact with participants have completed the criminal records check with satisfactory results. Confirmation shall be provided within 15 days of execution of this Agreement. Information shall be provided to the One Stop Career Center Coordinators. Facility 1 West Valley Center Manager Stacey Faulkner 602-372-4220 Facility 2 East Valley Center Manager Terry Farrell 602-372-9748 5. Section 14 - Non-Discrimination & Equal Opportunity Assurance The following language is added to Section 14 of the License: g. Licensee shall protect, indemnify and hold harmless Licensor and its representatives against any claim or liability arising from or based on the violation of this paragraph and, in addition, violation of paragraph 15 through paragraph 21 of this License, whether by Licensee its officers, officials, agents, employees, volunteers or invitees. 6. Section 21 – Certification Regarding Environmental Tobacco Smoke Section 21 of the License is deleted in its entirety and replaced with the following: Licensee shall comply with Public Law 103-227, Part C, and the Smoke-Free Arizona Act, A.R.S. §§ 36-601.01 and 42-3251.02. 7. Section 40 – Licensor Notices Section 40 of the License is deleted in its entirety and replaced with the following: Maricopa County Human Services Department Workforce Development Division Attention: Patricia Wallace, Assistant Director 234 N. Central, Suite 3000 Phoenix, AZ 85004 602-506-4146 WALLACEP001@mail.maricopa.gov 8. Section 42 – Reimbursement: Section 42 of the License is deleted in its entirety and replaced with the following: The Parties agree that the costs associated with the operation of the Centers are shared among the strategic partners and agencies that are co-located in the Centers. Licensee’s yearly reimbursement amount associated with this License is $31,116 for Facility 1 and $29,567 for Facility 2. The Parties agree that Licensee shall provide In-kind contribution in place of Reimbursement the space to be used by Licensee. In-Kind monthly contribution of $2,593.00 shall consist of Licensee’s staff assigned to work 28 hours per week in Facility 1 to provide front desk customer service, assistance with workshop facilitation ie: Job Club and assistance in resource room as needed. The yearly assessed cost for the space assigned to Licensee is $42,898. Under a separate License agreement with Arizona Department of Economic Security (DES) (G-30125 C-22- Page 3 of 16 13-001-3), will reimburse Licensor on behalf Licensee for the space cost not covered by the In-Kind contribution. The yearly amount to be reimburse by DES shall be $11,782. DES shall not be responsible for additional Licensee’s costs including, but not limited to, any increases in operating costs associated with Licensee’s total space. Parties further agree that Licensee shall provide In-Kind monthly contribution of $2,464.00 for Facility 2. Licensee’ In-Kind contribution shall consist of Licensee’s staff assigned to work 26.5 hours per week in Facility 2 to provide front desk customer service, assistance with workshop facilitation and assistance in resource room as needed. For the purpose of calculating Licensee’s reimbursement amount, the Parties agree that the area of the Centers allocated to Licensee is as follows: Facility 1 Licensee’s staff occupied space is 760 square feet Licensee’s allocation of common area space is 812 square feet Total space assigned to Licensee is 1,572 square feet Facility 2 Licensee’s staff occupied space is 901 square feet Licensee’s allocation of common area space is 547 square feet Total space assigned to Licensee is 1,448 square feet Licensee shall remit monthly In-Kind reports documenting the average hourly rate of the individuals assigned to the Resource area multiplied by the number of hours dedicated to this function. Reports shall be submitted to Licensor by the 20th day of each month. Reports shall be submitted to: Maricopa County Human Services Department Workforce Development Division Attention: Patricia Wallace, Assistant Director 234 N. Central, Suite 3000 Phoenix, AZ 85004 One-Stop Career Centers floor plans are included as part of this amendment. Exhibit 2 identifies the costs associated with the operation of the Facilities. Licensor shall review costs on a yearly basis and may prospectively adjust and/or revise reimbursement costs, if deemed necessary. Parties agree that if an increase or decrease in reimbursement costs are implemented, Licensee shall increase or decrease the In-kind contribution. Increases in reimbursement costs shall be the sole responsibility of Licensee. 6. Section 43: Section 43 of the License is deleted in its entirety and replaces with the following: This License includes the Resource Sharing Agreement & Understanding Regarding the Maricopa Workforce Connections One-Stop Centers referenced as Exhibit 1. The Exhibit outlines the responsibilities of partner agencies that are co-located in the Maricopa Workforce Connections One-Stop Career Centers regarding comprehensive services delivery and cost sharing of the operation of the One-Stop Centers. Page 4 of 16 9. The effective date of this amendment is the date of execution by the Maricopa County Board of Supervisors. 10. 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. IN WITNESS THEREOF, the parties have signed this amendment: LICENSOR: LICENSEE: MARICOPA COUNTY MAXIMUS By: _______________________________ By: _______________________________ Chairman, Board of Supervisors Title: _____________________________ Date: _____________________________ Date: _____________________________ Attested to:_________________________ Clerk of the Board This amendment has been reviewed by the undersigned attorney who has determined that this amendment is in proper form and within the power and authority granted under the laws of the state of Arizona. By: __________________________________ Maricopa County Deputy County Attorney Date: _____________________________ Page 5 of 16 EXHIBIT 1 Workforce Investment Act of 1998 One-Stop Delivery System Resource Sharing Agreement & Understanding Regarding the Maricopa Workforce Connections One-Stop Centers I. Introduction A. Maricopa County - Maricopa Workforce Connections (MWC), exclusive of the City of Phoenix, is a designated Local Workforce Investment Area (LWIA), under the federal Workforce Investment Act (WIA) of 1998. As a LWIA, MWC is responsible for implementation of the provisions of Section 1219(c) (2) of Title I of the Workforce Investment Act of 1998. MWC operates two comprehensive One-Stop Career Centers and is responsible for the design of a system that promotes collaborative employment & training strategies reflecting the particular needs of the area’s local and regional economies. The system is built upon a framework of service delivery through comprehensive and affiliate One-Stop Career Centers and a collaborative network of organizations. As mandated in WIA and Department of Labor implementing regulations at 20 CFR 662.300, One-Stop Operators must develop agreements with agencies that are co-located in the One-Stop Career Centers. The agreements address service delivery and cost sharing of the operation of the One-Stop Career Centers. B. WIA has identified organizations in the following areas that provide services/activities that contribute to a comprehensive One-Stop Career Center: Adult education and literacy Rehabilitation Services Social Security Older Americans Postsecondary Vocational Education Trade Act Employment & training State Unemployment Insurance Youth Services Veterans Services Community based organizations that provide human resource services C. MWC One-Stop Delivery System serves employers, job seekers and those seeking career advancement in Maricopa County. D. Services provided in the MWC One-Stop Career Centers include: Recruitment, orientation and referral of qualified job seekers to job vacancies Employment Services and Unemployment Information Labor market information Information regarding the Arizona Job Training Program Connection to economic development resources Rapid response assistance for plant closures and company down sizing Tax Credits for Employers Referral services II. Purpose Page 6 of 16 EXHIBIT 1 The Agreement & Understanding provides the framework for the delivery of comprehensive workforce development services to job seekers and employers of the region. The Agreement & Understanding establishes the terms and conditions in which each organization within the MWC One-Stop System, in their efforts is to establish a cooperative working relationship between all agencies define roles and responsibilities of all interested parties with respect to implementation of a comprehensive One-Stop System. Further, the agreement establishes MWC’s roles and responsibilities for implementation of the provisions of Section 1219(c)(2) of Title I of the Workforce Investment Act of 1998. The establishment of a system of one-stop career centers and access points is designed to accomplish the following: To facilitate the coordination of resources so as to eliminate unwarranted duplication of services, reduce administrative costs, and enhance participation and performance of customers served through the system. To establish guidelines for creating and maintaining a cooperative working relationship, to facilitate joint planning and evaluation of services, and to develop more efficient management of limited financial and human resources. To ensure services are of the highest quality and meet the expressed needs of Workforce Investment customers, the MWC Board has established the following mission, goals and responsibilities: Universal Access: All customers, including those with special needs and barriers to employment, will have access to a core set of services at each access point in the One-Stop Career Center System. Core and intensive services will be made available. Training and support services will be accessed with customers and referrals and appointments will be set up with appropriate agency(s). Integrated Services: The One-Stop centers will model an integrated service delivery that is consistent with other states that have adopted an integrated delivery approach. It is organized around common services that are primarily core and intensive services. The One-Stop centers will focus on services and not programs, while integrating a unified vision, policies and metrics to customer delivery. Individual Choice: Customers will be provided with information on services available through the One-Stop Career Centers. Customers will have access to a multitude of career, skill, employment and training information to obtain the services and skills they need to enhance their employment opportunities. Customers will then have the opportunity to select the mechanisms through which to access services and to select the services that meet their individual needs and preferences. Program Quality/Accountability: One-Stop Career Centers’ design, management and service delivery will be responsive to the needs of customers. Customer satisfaction will be a key measure of accountability. All partner agencies agree to support each other in their respective provision of services and to facilitate joint provision of services consistent with the needs of their respective customers, the program goals of the partner organizations, and laws and regulations governing the programs they operate. III. Geographic Area Page 7 of 16 EXHIBIT 1 A. Maricopa County exclusive of the City of Phoenix B. Regional and Collaborative Services with the City of Phoenix IV. MWC One-Stop Career Center Locations Comprehensive One-Stop Locations East Valley Career Center 735 N. Gilbert Road Gilbert, Arizona 85234 West Valley Career Center 1840 N. 95th Ave, Suite 160 Phoenix, Arizona 85307 Limited Services Locations Mesa Job Service 120 W. 1st Ave. Mesa, Arizona 85210 Vista del Camino Scottsdale Community Center 7700 E. Roosevelt Scottsdale, Arizona 85257 V. Cost Sharing Partner agencies co-located in the MWC One-Stop Career Centers must pay for costs associated with the operation of the Career Centers. The agreement establishes the terms for cost sharing. Each agency shall contribute proportionately to the operational costs of the One- Stop system (20 CFR §662.270). Shared Costs are provided in Exhibit 2 of the agreement. A. Identification of Operating Budget for One-Stop Delivery System MWC has developed a cost allocation method for shared costs. The costs consist of direct costs that are incurred by partners in the provision of customer services in the One-Stop Career Centers Direct Costs include: Rent/Lease Utilities Janitorial/maintenance Copier rental & Supplies Protective Services Communications Repairs & Maintenance Applicable Taxes B. Cost Allocation and Resource Sharing Methodology The shared costs as displayed in Exhibit 2 have been combined into a cost pool for the purposes of cost allocation. This cost pool and the method used for allocation of pooled Page 8 of 16 EXHIBIT 1 costs to the Agency is described below. The total proportionate share attributable to each partner is also reflected in Exhibit 2. Direct Cost Pool – The individual cost of items for the operation of the MWC One-Stop Career Centers. These costs are allocated on the basis of square footage occupied by each agency, co-located at the One-Stop Career Centers and a proportionate amount of Common space. Cost allocations are adjusted yearly for changes in the One-Stop Career Centers agency participation. Projected costs are estimated and each agency shall pay its fair share. MWC has some latitude for discretion in determining how to share costs, as long as the basis used for cost sharing is compatible with the governing provisions of WIA, other partners' legislation, and the applicable OMB Circulars. Each Agency shall comply with the Federal Cost Principles set forth in the applicable Office of Management and Budget (OMB) Circulars. The following lists the circulars and corresponding entities: OMB Circular A-21 – Cost Principles for Educational Institutions. OMB Circular A-87 – Cost Principles for State, Local and Indian Tribal Govts. OMB Circular A-122 – Cost Principles for Nonprofit Organizations. The cost allocation process that is adopted is fully documented. The structure and capabilities of the Partner Agency’s accounting systems will be considered in designing an operable cost allocation process. Each Agency shall contribute a fair share of the operating costs based on the use of the one-stop delivery system by individuals attributable to the Agency. The MWC Board supports the fairness of the negotiated amounts through the use of cost allocation methods or bases. Each agency shall provide the resources necessary to fund their proportionate share of the shared costs as reflected in Exhibit 2. All agencies that are co-located in the One-Stop Career Centers must make monthly payments to Maricopa County representing their fair share based on square footage used. A proportionate share of common space shall be attributed to each partner agency and will be included in the monthly costs to be paid by each agency. Costs are anticipated to remain the same throughout the year, and will be evaluated on a yearly basis. Changes in costs will be adjusted through an amendment. 1. If the Agency fails to receive funding, or appropriations, limitations, or other expenditure authority at levels sufficient to pay monthly costs for co-location the Agency has committed to provide, then the Agency shall withdraw from this agreement and vacate the premises. 2. Should other agencies agree to enter into License Agreements for co-location in the One-Stop Career Centers and the direct costs distributed among the agencies is reduced an amendment will be developed to reduce the cost under this Agreement. VI. Supportive Services Each agency shall coordinate supportive services for customers and their families within the boundaries of their respective capacities. This will be tracked and accounted for in the case management process. VII. Customer Satisfaction Page 9 of 16 EXHIBIT 1 Each agency shall establish an accountability system to measure the success of the One-Stop system that ensures customers and employers are highly satisfied with the services that are provided at the One-Stop Career Centers. Each agency shall provide MWC, to the extent possible, with customer contact information for the purpose of conducting customer satisfaction surveys. MWC customer satisfaction surveys will be conducted semi-annually and the results will be shared and posted within the One-Stop system. VIII. Continuous Improvement Each agency shall designate a representative to actively participate in the MWC Standing Partners Committee. The agency’s representative shall attend meetings in an effort to provide continuous service improvements in the One-Stop system. The representative shall participate in process improvement, service delivery and staff meetings conducted in the One-Stop Career Centers. IX. Performance Accountability Each agency shall provide information on an annual basis about performance goals and the attainment of those goals. Data will be accumulated by MWC and presented to the MWC Board during its regularly scheduled meetings for the annual System Effectiveness Report. Each agency shall participate in the development of strategic plans for process improvement and performance goals for the comprehensive One-Stop System. Each partner is accountable for performance of their agencies’ scope of work. Each agency in the One-Stop system shall: Submit quarterly activity reports to the Center Manager to be presented to the MWC Board Work toward the development of common performance goals and measures that will be in alignment with the stated goals of the MWC Comprehensive One-Stop system X. Data Access/Data Sharing Records of common customers who receive services funded through Wagner-Peyser, Title 1B or other USDOL-funded employment programs, and who also receive services from a co- located agency, will be maintained in the case management file cabinets. Customer information and services provided will be entered into the Arizona Job Connections (AJC) reporting system. Partner agencies who wish to obtain access to common customers’ files and the AJC reporting system may do so under the terms and conditions of this agreement if the following conditions are met: A. The agency is responsible for all costs associated with data access (e.g. hardware and software, phone lines, monthly connection charges, fees for usage). B. The agency agrees to adhere to state and local policies governing confidentiality, data usage, and standards for data entry. Page 10 of 16 EXHIBIT 1 Each agency’s staff members who require access will follow the security access procedures established by the Department of Economic Security and sign the appropriate data access forms prior to receiving access. XI. Disabilities Services Pursuant to 29 CFR Part 37.7 through 37.10, each partner agency shall assure that the following is provided, to the extent possible, in the One-Stop delivery system. A. Center facilities are programmatically and architecturally accessible; B. Agency access for individuals with disabilities C. Reasonable accommodations for individuals with disabilities XII. Referral Process/Methods Between Organizations Each agency shall provide value-added referrals for customers to additional services with other agencies co-located in the MWC One-Stop Career Centers, when customers are deemed in need of additional services. All customers entering the centers will be assessed upon each visit to the center. This will include but not limited to the creation of AJC plus account, TABE testing, and a Self Sufficiency assessment in order to better service our customers. A. Referral Point of Contact Each agency shall provide a referral point of contact including name, title, and associated phone number, e-mail address for the referral point. Partner agencies shall ensure contact information is current and provide updates as necessary. To ensure continuity of service, the individual making the referral appointments shall follow-up with the customer to confirm an appointment was scheduled. Customers shall be triaged to agencies (services) following a single or combination of assessments and goal identification. These referrals will be made using a universal referral document that will be tracked both manually and electronically. B. Co-enrollment Customers may be co-enrolled in multiple agency programs within the One-Stop system, whenever appropriate and as eligibility and other program regulations allow. Partner agency shall ensure customers are provided comprehensive services. The objective of co- enrollment is to broaden the service options for customers and to ensure training, supportive service, and placement support needs are met. Furthermore, co-enrollment allows the partner agency to share credit for performance outcomes. Each agency shall: Review and revise enrollment procedures to facilitate co-enrollment whenever possible and appropriate; Cross-train agency staff in enrollment procedures and requirements to facilitate co- enrollment as needed; Obtain consent from customer to share information with other agencies co-located in the MWC One-Stop system; and. Share customer information (including eligibility and assessment information and employability/service plans) to minimize customers’ need to have to provide similar or identical information to more than one agency within the comprehensive One-Stop System. Page 11 of 16 EXHIBIT 1 C. Appointment Scheduling All service agency appointments and activities shall be coordinated with the One-Stop centers’ welcome team. Each welcome team will schedule and coordinate appointments for customers within the framework of the integrated delivery model for both core and intensive services. D. Capacity Building Each agency shall establish a high level of professional standards related to One-Stop staff competencies and protocols, as well as a professional environment for customers. In order for the "universal" customer to receive seamless services in a true One-Stop environment it is imperative that all agencies in the One-Stop system be knowledgeable of services provided within the One-Stop Center. Each partner agency shall provide training to the co-located agencies on services provided and eligibility requirements. Each partner agencies ‘staff shall attend training provided by other co-located agencies within the One-Stop system. It is understood all organizations participating in the comprehensive One-Stop system need to achieve specific program goals and that by supporting partner agencies through training and team work, the One-Stop System will result in increased goal achievement by all of the agencies. As with all aspects of joint planning, capacity building efforts shall be examined in the context of adaptability to needed change, customer service and continuous improvement. Each agency shall work continuously to ensure collaboration with state and regional efforts to provide service delivery in response to identified capacity building needs. E. Marketing and Outreach Each agency shall contribute to marketing strategies by informing job seekers, employed individuals, employers, and the community at large about the services available through the local One-Stop system. The following resources are or may become available to enhance joint marketing efforts: Web site development Public education/information One-Stop brochures/flyers Television or radio announcements Newspapers F. Confidentiality Each Party to this agreement warrants that it shall comply with the provisions of the Workforce Investment Act and other applicable federal and state laws and regulations including but limited to those relating to confidentiality of customer records. Partner agencies shall share customer information only for the benefit and with the expressed and informed consent of the customer and, if applicable, the customer’s parent or guardian, except as otherwise required by law. G. Dispute Resolution Process Page 12 of 16 EXHIBIT 1 This section applies to the any disputes that may arise in the delivery of services in the MWC comprehensive One-Stop Career Centers. Except as may otherwise be provided for in this Agreement, any dispute arising between the agencies co-located in the One-Stop Career Centers shall be addressed by MWC One-Stop Career Centers Administrator. One-Stop agencies will function by consensus. In instances where consensus cannot be reached at the lowest level and the functioning of the One-Stop system is impaired, those one-stop agencies who are parties to the dispute shall submit to the following dispute resolution procedures: If the agencies are unable to resolve a dispute to the satisfaction of the members who are parties to the dispute, the complaint shall be submitted in writing to MWC Assistant Director within 15 days of the initial dispute; MWC Assistant Director will evaluate the merits of the dispute and may attempt to resolve the dispute through mediation; If the MWC Assistant Director is unable to resolve the dispute, issue shall be referred to the MWC Board Executive Committee. The Committee shall evaluate the merits of the dispute and may attempt to resolve the dispute through mediation. However, in all cases, the Executive Committee shall prepare a response to the complaint within 30 days; The decision of the Executive Committee shall be final and binding on all parties to the dispute. XIII. Assurances and Certifications Each agency accepts the assurances and certifications identified in this section. By signing the agreement, the agency agrees to the provisions contained in each of the documents identified below and incorporated by reference into this agreement. A. Assurances - Non-Construction Programs B. Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Transaction C. Certifications Regarding Lobbying, Debarment, Suspension, Drug-Free Workplace D. Certification of Release of Information E. Nondiscrimination of Equal Opportunity Requirements of WIA Specifically during the performance of this agreement, partner agency shall not discriminate against any person because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, marital status or sexual orientation. The Agency shall abide by the provisions of Executive Order 11246 on nondiscrimination and, accordingly, will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, disability or national origin. Nothing herein shall be construed as obligating the agency to expend funds or be construed as involving the agency in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for these purposes. This agreement in no way restricts any of the Parties from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals. Page 13 of 16 EXHIBIT 2 Facility 1 West Valley One Stop Career Center Operating Costs Annualized 2013 Program Costs Monthly Costs Yearly Costs Center Rent 60,129 721,548 Printer/Copier 993 11,916 Security 4,136 49,632 Janitorial Utilities 5,362 64,341 Repairs & Maint. 3,741 44,892 Total 74,361 892,329 Proportional Cost Allocated by Sq Ft Annualized Facility Sq Ft. 32,710 Costs Share Sq Ft 2013 Direct 48% 15,809 431,270 Common 52% 16,901 461,059 Total 892,329 Directly Occupied Space 15,809 Sq Ft. Annualized Partner Sq Ft Costs WDD 77% 12,109 330,334 Partners 23% 3,700 100,936 Total 431,270 Proportional Share Common 16,901 Sq Ft. Annualized Partner Percentage Costs WDD 77% 12,945 353,151 Partners 23% 3,956 107,908 Total 461,059 Total Space Cost Sharing WDD 683,485 Partners 208,844 Total 892,329 Page 14 of 16 EXHIBIT 2 Facility 2 East Valley One Stop Career Center Operating Costs Annualized 2013 Program Costs Monthly Costs Yearly Costs Center Rent 26,728 320,736 Printer/Copier 840 10,080 Security 5,129 61,548 Janitorial 1,510 18,120 Utilities 4,466 53,597 Repairs & Maint. 1,375 16,504 Total 40,049 480,585 Proportional Cost Allocated by Sq Ft Annualized Facility Sq Ft. 23,535 Costs Share Sq Ft 2013 Direct 62% 14,545 299,051 Common 38% 8,890 181,534 Total 480,585 Directly Occupied Space 14,645 Sq Ft. Annualized Partner Sq Ft Costs WDD 85% 12,517 25,5597 Partners 15% 2,128 43,454 Total 304,078 Proportional Share Common 8,890 Sq Ft. Annualized Partner Percentage Costs WDD 85% 7,598 155,156 Partners 15% 1,292 26,378 Total 181,534 Total Space Cost Sharing WDD 410,753 Partners 69,832 Total 480,585 Page 15 of 16 EXHIBIT 2 Maximus Allocated Space and Costs - Facility 1 – West Valley Programs Proportional Cost Allocation by Sq Ft % of overall space Annual in Center Sq Ft Amount Costs Monthly Costs Direct 5% 760 20,733 1,728 Common 5% 812 22,733 1,847 Total 1,572 *42,898 *3,575 Annual Directly Occupied Space Costs Monthly Costs 4 Office Each 128 512 13,967 1,164 4 Cubicles Each 62 248 6,765 564 Total 760 20,733 1,728 *Total annual cost for facility 1 – West Valley: $42,898.00 with $11,782.00 paid by DES.Remaining $31,116. 00 annual cost and $2593.00 monthly cost to be paid by Licensor. Maximus Allocated Space and Costs - Facility 2 – East Valley Programs Proportional Cost Allocated by Sq Ft % of overall space Annual in Center Sq Ft Amount Costs Monthly Costs Direct 6% 901 18,398 1,533 Common 6% 547 11,168 931 Total 1,448 29,567 2,464 Annual Directly Occupied Space Costs Monthly Costs 1 Office 121 121 2,471 206 1 Office* 138 138 2,818 235 Maximus Program Rm* 616 616 12,578 1,048 1 MIS Server Room 26 26 531 44 Total 901 18,398 1,533 *Program room includes 1 office @ 138 sq ft. Page 16 of 16