IGA

INTERGOVERNMENTAL AGREEMENT C21 -0581
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF GLENDALE

County Contract No.: C-22-21-128-X-00.

City Contract No.:

Agreement Amount: $51,449
Agreement Start Date: July 1, 2021
Agreement Termination Date: June 30, 2022

1.0 PARTIES
This financial Intergovernmental Agreement (“Agreement”) is between the City of Glendale (“City”)
and Maricopa County (“County”) administered by its Human Services Department, Workforce
Development Division (“Department”) and pertains to Workforce Development services. The
County and the City collectively are referred to as the “Parties” and individually as the “Party.”

2.0 PURPOSE

2.1

2.2

2.3

2.4

2.5

The purpose of this Agreement is to integrate the County's workforce development system
into the City’s social and community services resource network. The Parties’ goal is to
support workforce development activities and training efforts that will enable the local
employers to attract and retain top talent, as well as to provide adult and youth job seekers
with Workforce Innovation and Opportunity Act (WIOA) program services (“Program”).

The integrated service delivery model will be located at the Glendale Community Center
(‘Community Center’) located at 5401 West Ocotillo Road, Glendale, Arizona 85301
(‘Community Center Facility”).

The County shall assign a County Workforce Development Coordinator to be located at
the Community Center Facility for 40 hours per week.

The services to be provided at the Community Center Facility will benefit City residents by

having County staff available to meet with job seekers (Adult and Youth) and local

employers and provide WIOA activities that will improve residents’ knowledge for:

2.4.1 conducting job searches to secure stable employment;

2.4.2 exploring career opportunities; .

2.4.3 improving skills necessary to enter or advance in a specific occupation or trade;
and

2.4.4 employment opportunities with local employers.

The Parties shall share the costs for funding the Program. The City shall compensate the

County on a monthly basis for Program service delivery.

2.5.1 The City shail reimburse the County for a portion of the Workforce Development
Coordinator's salary. The funding amount, per fiscal year, is indicated in the
attached Itemized Service Budget, Attachment A. The Parties acknowledge that
the Workforce Development Coordinator will remain a County employee and will
not be considered an employee of the City.

Page 1 of 10
City of Glendale IGA

3.0

4.0

5.0

6.0

7.0

8.0

9.0

BACKGROUND

3.1. The Workforce Innovation and Opportunity Act of 2014, 29 U.S.C. § 3101, ef seq., Public
Law 113-128, was signed into law on July 22, 2014, and it became effective on July 1,
2015. WIOA is designed to help job seekers access employment, education, training, and
support services to succeed in the labor market and to match employers with the skilled
workers they need to compete in the global economy.

3.2. Maricopa County is designated as a Local Workforce Development Area (LWDA) under
the federal WIOA Program. The County operates two (2) comprehensive Workforce
Development One Stop Career Centers (Centers). The Centers provide employment-
related services to job seekers and employers in Maricopa County, in accordance with the
WIOA Program regulations.

TERM OF AGREEMENT

4.1 The initial term of this Agreement is listed on page one of this Agreement.

41 This Agreement shall be effective upon approval and signature by both Parties.

4.2 The Agreement may be extended upon written agreement approved and signed by both
Parties. The Agreement may be extended as many times as is desirable, but each
extension may not exceed the duration of the previous agreement. The City must provide
notice of intent to renew (60) calendar days prior to the end of the original or extended
Agreement term, as applicable.

AMENDMENTS

Any changes to this Agreement shall be by a written amendment signed by both parties.

FUNDING

6.1 The City shall provide the County with the amount defined in the Itemized Service Budget

(ISB), Attachment A. The ISB has been developed between the Parties and is
incorporated into this Agreement.

6.2 ‘The anticipated costs for the Agreement term:

6.2.1. The City shall compensate the County in an amount not to exceed $51,449 for the
period July 1, 2021, through June 30, 2022.

AVAILABILITY OF FUNDS

71 Should funding for Program activities be reduced for any reason and services are not
funded, then a Party may either accept a decrease in services offered by the other Party
or terminate this Agreement.

7.2 If the City is unable to provide funding to support County personnel, then the County has
the right to either change the availability of, or withdraw, County staff (or both).

PAYMENTS

8.1 Subject to ongoing review and possible modifications during the term or terms of this

Agreement, the City shall pay the County based on the County submitting a monthly
invoice. The City shall prepare and issue payment within 30 calendar days of receipt of
the invoice, except for the last month of each fiscal year, regarding which the City shall
submit payment by July 5th of each year. Payments shall be submitted to the Department's
Finance Division at the address 234 North Central Avenue, Phoenix, Arizona 85004.

RESPONSIBILITIES OF ORGANIZATIONS

9.1

The County shall:
9.1.1 Assign a County Workforce Development Coordinator to act as a business liaison,

trainer, career guidance specialist, and partner with the City to provide assistance
to participants and businesses within the City by:

Page 2 of 10
City of Glendale IGA

9.2

9.1.1.1 Enrolling WIOA eligible Program participants;
9.1.1.2 Organizing workshops for job seekers to assist with job searches and the
development of job retention skills and assessment tools for measuring
interests, aptitude and skills, career exploration, and vocational training;
9.1.1.3 Providing eligible participant support services that may include funding
assistance to enable participants to continue training, retain or obtain
employment, and encourage successful Program completion;
9.1.1.4 Directing job seekers toward activities that lead to the attainment of a
secondary school diploma or its equivalent;
9.1.1.5 Organizing job fairs for local employers recruiting employees to fill vacant
positions;
9.1.1.6 Engaging with the business community in collaboration with the City’s
Community Services Department;
9.1.1.7 Providing case management and referral services; and
9.1.1.8 Providing the City with reports on a semi-annual basis (i.e., January and
July of each year) containing the following data metrics:
9.1.1.8.1. Community Outreach Efforts;
9.1.1.8.2 Total number of Enrollments - including participants’
demographics; and
9.1.1.8.3 Summary of services provided;
9.1.1.8.3.1 Total number of Trainings provided;
9.1.1.8.3.2 Employment Outcomes; and
9.1.1,8.3.3Number of Glendale Employers engaged in
services.
9.1.2 Provide computers and equipment for County staff to fulfill their duties.

The City shall:

9.2.1 Provide workspace at the Community Center Facility for County staff to provide
the services identified in this Agreement. The workspace shall be a secure location
to house all computers and equipment provided by the County. The workspace
shall remain locked when not in use by County staff and whenever the Community
Center Facility is not in use;

9.2.2 Provide internet connection;

9.2.3 Work cooperatively with County staff to improve efficiency, effectiveness, and the
coordination of workforce services;

9.2.4 Provide meeting space and space for job fairs as needed; and

9.2.5 Include information attributing ARIZONA@WORK ~ Maricopa County Program in
any outreach materials, website, and other promotional/marketing materials
related to this partnership.

10.0 TERMINATION ;

10.1

Under A.R.S. §38-511, the County may cancel this Agreement without penalty or further
obligation within three years after execution of this Agreement if any person significantly
involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of
the County is, at any time while this Agreement or any extension of this Agreement is in
effect, an employee or agent of any other party to the Agreement in any capacity or
consultant to any other party of the Agreement with respect to the subject matter of the
Agreement. Additionally, under A.R.S § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating this Agreement on behalf of the County from any other party
to this Agreement arising as the result of this Agreement.

Page 3 of 10
City of Glendale IGA

11.0

12.0

10.2

10.3

10.4

Either Party may terminate this Agreement at any time by giving the other Party at least sixty
(60) calendar days prior notice in writing (unless terminated by the Board of Supervisors
under the Availability of Funds provision). The notice shall be given by either mail or via
email to the persons listed in Section 11.0 (Notices) of this Agreement.

This Agreement may be terminated by mutual written agreement of the Parties specifying
the termination date therein.

The County has the right to terminate this Agreement upon twenty-four (24) hour notice
when the County determines that the health or welfare of the service recipients are
endangered, or the City’s non-compliance jeopardizes funding source financial participation.
If not terminated by one of the above methods, then this Agreement shall terminate upon
the expiration of the term stated on page one of this Agreement or expiration of any extended
term described in Section 4.0

NOTICES
Notifications and communications concerning this Agreement shall be directed to the following:

County:
Workforce Development Assistant Director

Maricopa County Human Services Department
234 North Central Avenue, Suite 3000
Phoenix, Arizona 85004

Telephone: 602-506-5911

City of Glendale

Name: Matthew Hess

Title: Revitalization Administrator

Address: 5850 W. Glendale Avenue, Suite 107,
Glendale Arizona 85301

Telephone: 623-930-3682

Email: mhess@glendaleaz.com

EMPLOYMENT DISCLAIMER

12.1

12.2

12.3

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 City agrees that no individual performing under this Agreement on behalf of City may
be considered a County agent, employee, or representative and that no rights of County
civil service, County retirement, or County personnel rules shall accrue or apply to any such
individual. The City shall have total responsibility for all salaries, wages, bonuses,
retirement, withholdings, workers’ compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals, and the City shall indemnify, defend and
hold harmless the County with respect to the foregoing.

The County agrees that no individual performing under this Agreement on behalf of County
may be considered a City agent, employee, or representative and that no tights of City civil
service, City retirement, or City personnel rules shall accrue or apply to any such individual.
The County shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workers’ compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant thereto

Page 4 of 10
City of Glendale IGA

13.0

14.0

15.0

16.0

17.0

concerning such individuals and the County shail indemnify, defend and hold harmless the
City with respect fo the foregoing.

SAFEGUARDING OF PARTICIPANT INFORMATION

The use or disclosure by either 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 any
and all of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions shall safeguard the confidentiality
of this information, just as they would safeguard their own confidential information.

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 attorney and expert fees) (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 and any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments, agencies,
boards, committees, and commissions.

NON-LIABILITY

The County and its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions shall not be liable for any act or
omission by the City or any and all of its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, or commissions occurring in
the performance of this Agreement, nor shall the County and its agents, representatives, officials,
officers, directors, employees, volunteers, departments, agencies, boards, and commissions be
liable for purchases or contracts made by the City or any and all of its agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies, boards, committees,
or commissions in connection with this Agreement.

GENERAL LIABILITY INSURANCE EXCEPTION
Each Party is a public entity. For such reason, insurance policy requirements shall not apply.
Instead, each Party shall provide the other Party a Certificate of Self- Insurance equal to:
General Aggregate $3,000,000
Each Occurrence Limit $1,000,000

COMPLIANCE WITH APPLICABLE LAWS
17.1. Each Party shall comply with all applicable laws, ordinances, resolutions, executive
orders, rules, regulations, standards, and codes of the federal, state, and local
governments whether specifically referenced in this Agreement. Specifically, the following
apply:
17.1.1 Unless exempt under federal law, the 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
(Executive Order No. 2009-09 superseded Executive Order No. 99-4 and
amended Executive Order No. 75-5), which mandates that all persons, regardless
of race, color, religion, sex, age, national origin, or political affiliation, shall have
equal access to employment opportunities. The 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. The
Parties shall comply with the requirements of the Fair Labor Standards Act of 1938,
as amended.

Page 5 of 10
City of Glendale IGA

17.1.2 The 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. The 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 Il 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.

17.1.3 The 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.

17.1.4 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges that:

17.1.4.1. The Parties and their vendors, 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;

17.1.4.2 A breach of a warranty under this Section 17.1.4 shall be deemed a
material breach of this Agreement that is subject to penalties up to and
including termination of this Agreement; and

17.1.4.3 The Parties retains the legal right to inspect the papers of any
contractor or (sub)contractor or vendor 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 agree
to make all papers and employment records of such employee(s)
available during normal working hours in order to facilitate such an
inspection;

18.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND
VOLUNTARY EXCLUSION

The City certifies to the best of its knowledge and belief, that it and its agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies, boards, committees,
and commissions:

19.0

18.1

18.2

18.3

18.4

Are not presently debarred, suspended, proposed for debarment, or 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.

FEDERAL IMMIGRATION AND NATIONALITY ACT

19.1

The Parties understand and acknowledge the applicability of the Immigration Reform and
Contro! Act of 1986 (IRCA). The Parties agree to comply with the IRCA in performing under
this Agreement and to permit the other Party to inspect personnel records to verify such
compliance.

Page 6 of 10
City of Glendale IGA

20.0

21.0

22.0

23.0

24.0

25.0

19.2 By entering into this Agreement, the 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. The Parties shall obtain
statements from their (Sub)contractors certifying compliance and shall furnish the
statements to the other Party upon request. These warranties shall remain in effect
through the term of this Agreement. The Parties and their (Sub)contractors 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.

19.3. The Parties may request verification of compliance for any employee or (sub)contractor
performing work under this Agreement. Should either Party suspect or find that the other
Party or any of its (Sub)contractors are not in compliance, then the Party may pursue all
remedies allowed by law, including, but not limited to: suspension of work, termination of
this Agreement for default, and suspension or debarment of the other Party. All costs
necessary to verify compliance are the responsibility of the requesting Party.

WRITTEN CERTIFICATION UNDER A.R.S, § 35-393.01

If the City engages in for-profit activity and has 10 or more employees and, if this Agreement has
a value of $100,000 or more, then the City certifies it is not currently engaged in, and agrees for
the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This
certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued
pursuant to 50 U.S.C. § 4842.

ASSIGNABILITY AND SUBCONTRACTING

No rights, liabilities, obligations, or duties under this Agreement may be assigned, delegated, or
subcontracted, in whole or part, without the prior written approval of the County. The City shall
bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole
or in part, unless the County approves the assignment, delegation, or subcontract or agrees
otherwise.

RIGHTS/OBLIGATIONS OF PARTIES ONLY

The terms of this Agreement are intended only to define the respective rights and obligations of
the Parties. Nothing in this Agreement shall create any rights or duties in favor of any potential
third-party beneficiary or other person, agency, or organization. Nothing in this Agreement shall
affect the legal liabilities of either Party by imposing any standard of care different from the
standard of care imposed by law.

WAIVER OF TERMS, CONDITIONS, AND DEFENSES

The failure of either Party to insist in any one or more instances on performance of any of the
terms and conditions of, or to exercise any rights or privileges contained in, this Agreement shall
not be considered as waiving such terms, conditions, rights, or privileges, and they shall remain
in full force and effect. Nothing in this Agreement shall be construed as consent to any lawsuits
or waiver of any defenses in a lawsuit brought against the County in any state or federal court.

ENTIRE AGREEMENT

This Agreement contains the entire understanding of the Parties. There are no representations or
other provisions besides those contained in either this Agreement or in any written amendments
approved and signed by both Parties.

SURVIVAL

The indemnification, hold harmless, defense, and non-liability provisions of this Agreement shall
have full force and effect notwithstanding any other provisions in this Agreement and shall survive
the termination or expiration of this Agreement.

Page 7 of 10
City of Glendale IGA

26.0

27.0

28.0

29.0

SEVERABILITY
The Parties agrees that should any part of this Agreement be held invalid or void, the remainder
of this Agreement shall remain in full force and effect and shall be binding on the Parties.

EXECUTION OF AGREEMENT/COUNTERPARTS
This Agreement may be executed in counterparts. Each counterpart shall be deemed an original,
and all counterparts shall form a singlé: instrument.

CHOICE OF LAW; VENUE
This Agreement shall be construed in accordance with and governed by the laws of the State of

Arizona. The proper venue for any proceedings relating to this Agreement shall be Maricopa
County, Arizona.

AUTHORIZATION

Each Party warrants to the other Party that the appropriate governing body of the Party has
authorized approval and signature of this Agreement.

(Signatures are contained on the following page)

Page 8 of 10
City of Glendale IGA

IN WITNEQS, the Parijes have approved and signed this Agreement:

FOR MARICOPA COUNTY:

Lha bh — 070

F it DALE:
Mayor Date
Attested t

Oy Ger I
IN ACCORDANCE WITH A.R.S. §§ 9-240 AND
11-952, THIS AGREEMENT HAS BEEN
REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED IT IS
PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO
THE CITY OF GLENDALE UNDER THE LAWS
OF THE STATE OF ARIZONA.

Approved as to form:

By:

Chaffman, Board of Supervisors Date
Attested to:
plusaustee (ag — JUL 0 7 2021

Jtanita Garza, Clerlof the Board 82 Date

IN ACCORDANCE WITH ARS. §§ 11-201, 11-251,
AND 11-952, THIS AGREEMENT HAS BEEN
REVIEWED BY THE UNDERSIGNED ATTORNEY
WHO HAS DETERMINED IT IS PROPER IN FORM
AND WITHIN THE POWERS AND AUTHORITY
GRANTED TO MARICOPA COUNTY UNDER THE
LAWS OF THE STATE OF ARIZONA.

Approved as to form:

dasa DaaPly Krasde, otferfrort
City Attomey/ ay, Date Deputy County Attorney Date
Page 9 of 10

City of Glendale IGA

ATTACHMENT A

ITEMIZED SERVICE BUDGET
Effective Dates 7/1/2021 to 6/30/2022

CONTRACT SERVICE: ARIZONA@WORK - Maricopa County Workforce Development

12-Month City of Glendale
City Of Glendale shared cost is 50% of FTE Agreement Cost MCHSD Cost Cost
[Total Personne! - 1 FTE @ $27.20/hr * _ 2088, total hours $ $6,794 _$ 28,397 | $ 28,397 |
[Maricopa County Merit Pay Increase for FY22- 3.5% $ 1,988 $ EIB 994 |
[Fotal Employee Related Expenses - 'ERE = 20.06% + $13,622 $ 25,424 $ 12,712] $ 12,712 |
{Total Indirect Cost - 22.2% $ 18,693 $ 9,347|$ 9,347 |
| . Subtotal § 102,858 $ 52449 [$ 51,449 |

Total Cost for 12-Month for the City of Glendale! $ $1449

* Based an 2022 FICA, Retir wu & ion, Worker's C tinbitity: -¢, Heohth/Dental/Life insuronce, ond Gependent Care
Assistonce

Page 10 of 10
City of Glendale IGA