IGA WITH LIBRARY DISTRICT FOR WDD.PDF
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Page 1 of 7 Maricopa County Library District IGA INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND MARICOPA COUNTY LIBRARY DISTRICT County Contract No.: _______________________ Library District Contract No.: ___________________________ Agreement Start Date: May 4, 2022 Agreement Termination Date: June 30, 2024 1.0 PARTIES This Intergovernmental Agreement (“Agreement”) is between the Maricopa County Library District (“Library District”) and Maricopa County (“County”) administered by its Human Services Department, Workforce Development Division (“Department”) and pertains to Workforce Development services. The County and the Library District collectively are referred to as the “Parties” and individually as the “Party.” 2.0 PURPOSE 2.1 The purpose of this Agreement is to integrate County’s workforce development system into Library District’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 job seekers with Workforce Innovation and Opportunity Act (WIOA) program services (“Program”). 2.2 The integrated service delivery model will be located at the following Library District facilities: 2.2.1 Gila Bend Library 777 N Logan Avenue, Gila Bend, AZ 85337 2.2.2 Queen Creek Library 21802 S. Ellsworth Road Queen Creek, AZ 85142 2.3 The County shall assign a County Workforce Development Coordinator to be located at each of the above locations 40 hours per week. 2.4 The services to be provided will benefit County residents by having County staff available to meet with job seekers 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. 3.0 BACKGROUND 3.1 The Workforce Innovation and Opportunity Act of 2014, 29 U.S.C. § 3101, et 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 Page 2 of 7 Maricopa County Library District IGA 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. 4.0 TERM OF AGREEMENT 4.1 The initial term of this Agreement is listed on page one of this Agreement. 4.1 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. Library District must provide notice of intent to renew (60) calendar days prior to the end of the original or extended Agreement term, as applicable. 5.0 AMENDMENTS Any changes to this Agreement shall be by a written amendment signed by both parties. 6.0 RESPONSIBILITIES OF ORGANIZATIONS 6.1 The County shall: 6.1.1 Assign a County Workforce Development Coordinator to act as a business liaison, trainer, career guidance specialist, and partner with the Library District to provide assistance to participants and businesses within County by: 6.1.1.1 Enrolling WIOA eligible Program participants; 6.1.1.2 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; 6.1.1.3 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; 6.1.1.4 Directing job seekers toward activities that lead to the attainment of a secondary school diploma or its equivalent; 6.1.1.5 Organizing job fairs for local employers recruiting employees to fill vacant positions; 6.1.1.6 Engaging with the business community in collaboration with Library District’s Office of Economic Development; 6.1.1.7 Focusing on adult services (25+ years), and referring youth (14-24 years), as needed to the ARIZONA@WORK Maricopa County East and West Valley Career Center for services; 6.1.1.8 Triaging participants referred from all Library District workforce development-related resources and referring to the ARIZONA@WORK Maricopa County East and West Valley Career Center as needed; Page 3 of 7 Maricopa County Library District IGA 6.1.1.9 Providing case management and referral services other local workforce development/jobs training program to ensure individuals are receiving the support for their particular needs; and 6.1.1.10 Providing the Library District with reports on a semi-annual basis (i.e., January and July of each year) containing the following data metrics: 6.1.1.10.1 Community Outreach Efforts; 6.1.1.10.2 Total number of Enrollments - including participants’ demographics; and 6.1.1.10.3 Summary of services provided; 6.1.1.10.3.1 Total number of Trainings provided; 6.1.1.10.3.2 Employment Outcomes; and 6.1.1.10.3.3 Number of Employers engaged in services. 6.1.2 Provide computers and equipment for County staff to fulfill their duties. 6.2 The Library District shall: 6.2.1 Provide workspace at the Gila Bend and Queen Creek libraries 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 County. The workspace shall remain locked when not in use by County staff and whenever the center is not in use; 6.2.2 Provide internet connection; 6.2.3 Work cooperatively with County staff to improve efficiency, effectiveness, and the coordination of workforce services; 6.2.4 Provide meeting space and space for job fairs as needed; and 6.2.5 Include information attributing ARIZONA@WORK – Maricopa County Program in any outreach materials, website, and other promotional/marketing materials related to this partnership. 7.0 TERMINATION 7.1 Under A.R.S. §38-511, either Party 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 other Party 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, either Party 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 Other Party from any other party to this Agreement arising as the result of this Agreement. 7.2 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 or Library District 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. 7.3 This Agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. Page 4 of 7 Maricopa County Library District IGA 7.4 County or Library District has the right to terminate this Agreement upon twenty-four (24) hour notice when County determines that the health or welfare of the service recipients are endangered. 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 8.0 NOTICES Notifications and communications concerning this Agreement shall be directed to the following: County: CJ Williams Workforce Development Assistant Director Maricopa County Human Services Department 234 North Central Avenue, Suite 3000 Phoenix, Arizona 85004 Telephone: 602-372-2733 christopher.williams@maricopa.gov Maricopa County Library District: Jeremy Reeder Director/County Librarian 9330 E Riggs Rd. Sun Lakes, AZ 85248 602-652-3030 JeremyReeder@mcldaz.org 9.0 EMPLOYMENT DISCLAIMER 9.1 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. 9.2 Library District agrees that no individual performing under this Agreement on behalf of Library District 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. Library District 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 Library District shall indemnify, defend and hold harmless County with respect to the foregoing. 9.3 County agrees that no individual performing under this Agreement on behalf of County may be considered a Library District agent, employee, or representative and that no rights of Library District civil service, Library District retirement, or Library District personnel rules shall accrue or apply to any such individual. 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 concerning such individuals and County shall indemnify, defend and hold harmless Library District with respect to the foregoing. 10.0 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. County and Library District 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. Page 5 of 7 Maricopa County Library District IGA 11.0 COMPLIANCE WITH APPLICABLE LAWS 11.1 Each Party to this Agreement 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: 11.1.1 Unless exempt under federal law, Each Party 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. 11.1.2 Each Party to this Agreement 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 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. 11.1.3 Each Party to this Agreement 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. 11.1.4 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges that: 11.1.4.1 Each Party 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; 11.1.4.2 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 11.1.4.3 Each Party 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 other Party is complying with the warranty provided under the subsections listed above and that each Party agrees to make all papers and employment records of such employee(s) available during normal working hours in order to facilitate such an inspection; 12.0 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 each Party. The other Party shall bear all liability under this Agreement, even if it is assigned, Page 6 of 7 Maricopa County Library District IGA delegated, or subcontracted, in whole or in part, unless the other Party approves, in writing, the assignment, delegation, or subcontract or agrees otherwise. 13.0 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. 14.0 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. 15.0 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. 19.0 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. 20.0 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. 21.0 MCAO CIVIL SERVICES DIVISION The Parties acknowledge that attorneys employed by the Maricopa County Attorney’s Office, Civil Services Division, are providing legal advice and review of this agreement to each Party, and each Party expressly waives any potential or alleged conflict created thereby. 22.0 EXECUTION OF AGREEMENT/COUNTERPARTS This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall form a single instrument. 23.0 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. 24.0 AUTHORIZATION Each Party warrants to the other Party that the appropriate governing body of the Party has authorized approval and signature of this Agreement. Page 7 of 7 Maricopa County Library District IGA IN WITNESS HEREOF, the Parties have executed this Agreement. ______________________________________________________________ Bill Gates, Chairman, Maricopa County Board of Supervisors Date For Maricopa County Library District: __________________________________ Jeremy Reeder, Director Date For Human Services Department: ______________________________ Jacqueline Edwards, Director Date Approved as to Form: _____________________________ Deputy County Attorney Date Approved as to Form: __________________________________ Deputy County Attorney Date