YOUTHFORCE MOU AND AGREEMENT.PDF

Oh. BOYS & GIRLS CLUBS
b. YOUTHFORCE S22

MEMORANDUM OF UNDERSTANDING AND AGREEMENT
Between
BOYS & GIRLS CLUBS OF THE VALLEY/AZYOUTHFORCE
and
MARICOPA COUNTY
on BEHALF of
MARICOPA COUNTY SHERIFF’S OFFICE

C-50-23-___ -X-00
The purpose of this Memorandum of Understanding (MOU) agreement is to outline the collaboration between Boys &
Girls Clubs of the Valley/AZYouthforce (AZYouthforce) and Maricopa County on behalf of the MCSO (MCSO),
together the “Parties,” is to provide 2 internship opportunities, employment opportunities and career development for
youth that are eighteen or nineteen years of age for the duration of 6 to 8 weeks. Through our partnership, we will
have a profound effect on dozens of young people as they begin their future as productive members of our
community.

RECITALS

Whereas MCSO desires to foster positive community relations and build trust with the public and whereas MCSO
desires to increase the number of young persons interested in a career in law enforcement by exposing them to the
many components ofa law enforcement organization; and whereas the Boys & Girls Club of the Valley provides paid
short-term internships for young people to explore careers in various fields through exposure and mentorship, the
Parties enter into this MOU.

AGREEMENT.

The terms of this agreement will commence retroactive to 5/01/2022 and when signed by the parties and expire
12/31/2022. This agreement may be renewed annually with the written authorization of the parties prior to the
expiration date

DUTIES OF PARTIES
AZ Youthforce will:

« Provide a Career Advisor to work closely with the youth during their work experience. (The Career Advisor
will serve as the liaison between the youth and employer to ensure that the youth is performing assigned duties
as to support her/him with any barriers they may encounter during their internship.)

e Recruitment of interested youth targeting our 27 Clubs, high school districts and other partner agencies around
the Valley

e Screening of qualifying youth to ensure that all documents required are in place

© On-boarding orientation coordination between employer and youth

« Administer payroll processing for ali employees (youth), including collecting time sheets and verifying that all
information is accurate

* Responsible for teens’ hourly wages and other fees for up to 200 hours

* Coordinate work schedules with store managers

* Work-readiness/soft skills preparation prior to their work experience placement, as well as weekly

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reinforcement to ensure that all youth are engaged and using the skills learned

© Provide appropriate workers compensation insurance for each youth while working at the assigned location

¢ Provide youth with ongoing case management and support services as needed during paid internship and six
months after completion of internship

¢ Serve as the employer throughout the program, assuming responsibility for all human resource and
administration tasks

e Provide job uniforms as needed

MCSO will:

Develop job description with AZYF team
Arrange for a background check for the intern and designated YouthForce Career Advisor prior to start of on-site
internship.
« Designate supervisor/manager to mentor intern
« Attend a mandatory orientation prior to placement of intern
« Work with AZYF team member to track schedules, assignments, or projects for intern
« Provide feedback to interns and AZ YF team member to ensure intern is getting the most out of the experience
© Provide a minimum of 10 hours of work per week and a maximum of 30 hours
© Never permit the intern to drive an MCSO or County vehicle.

AGREEMENT OF PARTIES

1. Indemnification. To the fullest extent permitted by law, AZ Youthforce shall defend, indemnify, and
hold harmless County, its agents, representatives, officers, directors, officials, and employees from and
against all claims, damages, losses and expenses, including, but not limited to, attorney fees, court
costs, expert witness fees, and the cost of appellate proceedings, related to, arising out of, or alleged to
have resulted from the negligent acts, errors, omissions or mistakes relating to the performance of this
agreement. AZ YouthForce’s duty to defend, indemnify and hold harmless County, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property, including loss of use resulting there from, caused by any
negligent acts, errors, omissions or mistakes in the performance of the agreement including any person
for who acts, error, omissions or mistakes AZ, Youthforce may be legally liable. The scope of this
indemnification does not extend to the sole negligence of County.

2. Insurance. AZ Youthforce will secure and maintain insurance coverage for any and all risks that may
arise out of the terms, obligations, operations, and actions as set forth in this MOU including General
Liability in the amount of $1,000,000 per occurrence and $2,000,000 Aggregate, Automobile
liability with a minimum required by AZ State Statute, and Workers’ Compensation. The amount
and type of insurance coverage maintained by AZ Youthforce will in no way be construed as
limiting the scope of this indemnity in this paragraph.

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 right and obligations of the Parties shall be only those expressly set forth in this Agreement.

4. Parties acknowledge that under this MOU no employee or participant of the AZ Youthforce is to be
considered a County employee, and that no rights of County merit, County retirement, or County
personnel rules shall accrue to such individual. AZ Youthforce 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

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10.

appurtenant thereto concerning such individuals and shall save and hold MCSO harmless with respect
thereto.

Each Party to this Agreement warrants compliance with the Immigration and Nationality Act INA
using E-verify) and all other federal immigration laws and regulations related to the immigration status
of its employees and A.R.S. §23-214(A). Each Party shall obtain statements from its subcontractors
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. Each party and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration
Reform and Control Act of 1986, as amended from time to time, for all employees performing work
under this Agreement and verify employee compliance using the E-verify system and shall keep a
record of the verification for the duration of the employee’s employment or at least three years,
whichever is longer. I-9 forms are available for download at USCIS.GOV. Each Party retains the legal
right to inspect contractor and subcontractor employee documents performing work under this

Agreement to verify compliance with this Agreement. Each Party and its subcontractors shall be given
reasonable notice of the other party’s intent to inspect and shall make the documents available at the
time and date specified. Should either Party find that the other Party or any of its subcontractors are not
in compliance; such non-compliance may be considered a material breach of this Agreement and may
pursue all remedies allowed by law. Nothing set out herein shall make any subcontractor an agent or
employee of either Party.

Each Party shall comply with all applicable laws, ordinances, executive orders, rules, regulations,
standards, and codes of the federal, state, and local government’s whether specifically

referenced herein. The Parties agree that there will be no discrimination as to race, sex, religion, color,
age, creed, or national origin in regard to obligations, work, and services performed under the terms of
any contract ensuing from this engagement. The Parties will comply with the Executive Order No.
11246, entitled “Equal Employment Opportunity” and as amended by Executive Order No, 11375, as
supplemented by the Department of Labor Regulations (41 CFR, Part 60).

In accordance with A.R.S. § 35-214, all books, accounts, reports, files, electronic data, and other
records relating to this Agreement shall be retained and subject at all reasonable times to inspection
and audit by the State of Arizona for six (6) years after completion of this Agreement. Upon request,
each Party shall produce original of all such records.

The laws of the State of Arizona shall govern this MOU. The parties to this Agreement agree to
resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting
applicable administrative review, to the extent required by A.R.S. § 12-1518 except as may be
required by other applicable statutes.

Any dispute between the parties hereto regarding the interpretation, performance, breach, or
enforcement of this Agreement shall be submitted to and resolved by arbitration in accordance with
procedures mutually agreed to by the parties hereto or, when the parties cannot agree, in accordance
with procedures prescribed by ARS Title 12, Chapter 21 regardless of amount involved. No arbitration
award shall include punitive, incidental, or consequential damages.

This MOU may be amended only by the mutual written consent of authorized representatives for all
Parties and require Board and Community approval.

Should circumstances arise which necessitate termination of this agreement, either party may
terminate this MOU at any time, with or without cause, by giving thirty (30) days prior written notice.

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

12. This MOU is effective when signed by the Parties. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall constitute the
same instrument. Faxed, copied, electronic and scanned signatures are acceptable as original
signatures.

13. This document is the complete and exclusive statement of understanding between the Parties, and
it supersedes all proposals, oral or written, and other documents or communications between the Parties
relative to the subject matter herein covered, unless such documents or communications are
specifically included by reference.

14. If any term, covenant, condition or provision of this MOU is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.

15. Waiver of any breach of any term, conditions or covenant herein contained shall not be deemed to be a
waiver of any subsequent breach of any term, covenant or condition herein.

16. CDC guidelines will be followed concerning COVID 19 and other infectious diseases.

The points of contact responsible for administration of this memorandum of understanding are:

Samantha Hansen Paul Penzone, Sheriff

Boys & Girls Clubs of Metropolitan Phoenix Maricopa County Sheriffs Office
4309 E, Belleview Street, Bldg. 14 550 West Jackson Street
Phoenix, AZ 85008 Phoenix, Arizona 85003
602.343.1251 602.876.1051

[Signature Authorizations on Next Page]

MOU Boys and Girls Clubs of the Valley YouthForce
and Maricopa County

Authorizations

Approved:

Boys & Girls Clubs of Metropolitan Phoenix

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Authorized Signer Date

sli fez.

Maricopa County Board of Supervisors

Bill Gates, Chair Date
Attest:

Juanita Garza Date
Clerk of the Board

Approved as to Form:

Deputy County Attorney Date
Maricopa County Sheriff

Paul Penzone Date