WEX AGREEMENT RE ST MARYS FOOD BANK ALLIANCE.PDF
Extracted text (via pymupdf)
27777 characters
Page 1 of 10 St. Mary’s Food Bank Alliance WORK EXPERIENCE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND ST. MARY'S FOOD BANK ALLIANCE Worksite Agreement #: Agreement Start Date: Agreement Termination Date: 1.0 PARTIES This non-financial Work Experience WEX Agreement (“Agreement”) is entered into by Maricopa County, administered by its Human Services Department (“County”), and St. Mary's Food Bank Alliance, a Domestic Nonprofit Corporation (“Work Experience Training Partner” or “Partner”). The Partner and the County collectively are referred to in this Agreement as the “Parties” and individually as a “Party.” 2.0 PURPOSE 2.1 The purpose of this Agreement is for the Parties to provide Work Experience training (WEX) opportunities to eligible program participants enrolled in Workforce Innovation and Opportunity Act (“WIOA”). Through this Agreement, the Partner will provide program participants with exposure to the work environment and opportunities to develop occupational skills, good work habits, and assign specific occupational goals. The WEX opportunities are designed to enable program participants to establish a work history and demonstrate success in a work environment by developing skills that lead to unsubsidized employment. 2.2 Training opportunities with the Partner includes to receive training in the following programs: 2.2.1 Community Kitchen Program Participants receive training in cooking principles, proper food safety standards, equipment knowledge through proper operation, test for ServSafe - food handler’s exam, receive food handler’s card and/or receive ServSafe Manager certification. 2.2.2 Lift program Participants provide daily support for all warehouse functions to include loading and unloading of product from trailers, moving, staging, and putting away product, picking product and general assistance as required by other departments while receiving training to be a Certified Logistics Associate and/or Certified Logistics Technician. 2.3 The County is a designated Local Workforce Development Area (“LWDA”) and is the recipient of U.S. Department of Labor WIOA Title I-B program funds through an Intergovernmental Agreement with Department of Economic Security (“DES”) . The County Human Services Department (MCHSD), through its Workforce Development Division ARIZONA@WORK Maricopa County (“Program”), administers the WIOA program activities. Page 2 of 10 St. Mary’s Food Bank Alliance 2.4 In accordance with WIOA regulations, WEX opportunities are planned, structured, learning experiences that will contribute to the achievement of the participant’s employment goals through measurable training components that occur in a workplace setting for a specified period of time. A WEX may take place in the private for-profit sector, the non-profit sector, or the public sector. The Program works work with local Partners to establish WEX opportunities within their “Worksite(s)” so that individuals can obtain the necessary skills and develop good work habits, both of which will assist individuals in obtaining employment. 3.0 TERM 3.1 The initial term of this Agreement is for two (2) years from Start Date. 3.2 This Agreement shall be effective upon signature by both Parties. 3.3 The Agreement may be extended for two (2) additional two-year terms. Extensions must be in writing and approved and signed by both Parties. A notice of intent to renew shall be sent to the Partner sixty calendar days prior to the end of the original Agreement term or any extended terms. 4.0 AMENDMENTS All Amendments to this Agreement shall be in writing and signed by authorized signers for both parties. 5.0 ADMINISTRATIVE CHANGE ORDERS 5.1 The Chairman of the Board of Supervisors is authorized, upon the recommendation of the Human Services Department Director and Legal Counsel, to review and execute administrative changes to the Agreement on behalf of the County through Administrative Changes Orders. Administrative Changes Orders will be effective upon execution by both the Parties. Administrative Change Orders shall address any of the following changes: 5.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 5.1.2 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 5.1.3 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by federal, state or local regulations, policies, or requirements. 6.0 TERMINATION 6.1 Under A.R.S. §38-511, the County may cancel this Agreement without penalty of 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 is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 6.2 Either Party may terminate this Agreement at any time by giving the other Party at least thirty (30) calendar days prior notice in writing. 6.3 This Agreement may be terminated by mutual written agreement of the Parties. The written agreement shall specify the termination date. Page 3 of 10 St. Mary’s Food Bank Alliance 6.4 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 participants are endangered or the Partner’s non-compliance to the terms of the Agreement. 6.5 If not terminated by one of the above methods, this Agreement shall terminate upon the expiration of the term stated on page 1 of this Agreement or any extended term described in Section 3.0. 7.0 WEX REQUIREMENTS 7.1 A WEX is a planned learning experience that takes place in a workplace for a limited period of time and shall not exceed 400 hours; 7.2 A WEX is to assist individuals with barriers to employment: chronic unemployment or an inconsistent work history; 7.3 Individuals placed in a WEX are not intended to replace existing employees or fill vacant positions; 7.4 Individuals placed in WEX are not to be involved in any sectarian or political activities; 7.5 Participants shall not be placed in a WEX activity where an immediate family member is responsible for the direct supervision of the participant; 7.6 Labor standards apply in any WEX as defined by the Fair Labor Standards Act; and 7.7 Individuals enrolled in WEX who are actively engaged and assigned activities with a Partner shall be compensated an hourly wage in accordance with Arizona’s minimum wage regulations. 7.8 The County will work with a third party organization to compensate participants while engaged in WEX activities. 8.0 RESPONSIBILITIES 8.1 The Program shall: 8.1.1 Work with local businesses and community-based organizations to develop opportunities for WEX activities; 8.1.2 Maintain a list of eligible WEX Partners that can provide individuals with training opportunities that will enhance the individuals’ employability; 8.1.3 Develop Individualized Training Plans for each participant to identify the employment goals through measurable training components; 8.1.4 Review and complete the Work Experience Request Form and the WEX Participant Task Description and Acknowledgement Form (Attachments A and B) with the Partner, which forms will be utilized for placing program participants; 8.1.5 Provide on-going individualized case management services and provide allowable supportive services to enable participants to maintain WEX schedule; 8.1.6 Complete required forms and provide copies to: 8.1.6.1 The Partner, and 8.1.6.2 The Participant; 8.1.7 Maintain communication with the Partner concerning WEX participants’ progress; 8.1.8 Conduct worksite visits to monitor participants at the assigned worksite; and 8.1.9 Meet with the Partner to identify issues such as areas of improvements, participants’ success, and employability measures. Page 4 of 10 St. Mary’s Food Bank Alliance 8.2 The WEX Partner shall: 8.2.1 Be licensed and in good standing in the State of Arizona, as verified through the Arizona Corporation Commission; 8.2.2 Provide safe and healthy working conditions: 8.2.2.1 A drug-free workplace; 8.2.2.2 A worksite free from any health and safety violations; and 8.2.2.3 A worksite free from discrimination in training or hiring practices; 8.2.3 Provide program participants with: 8.2.3.1 General worksite information; 8.2.3.2 Worksite orientation; 8.2.3.3 Instructions specific to training goals such as work schedules and tasks; 8.2.3.4 Safety rules, including those pertaining to work attire, safety shoes, equipment, and tool use; 8.2.3.5 Physical requirements such as standing or stooping and lifting or carrying, 8.2.3.6 A minimum of 15 WEX hours and a maximum of 40 hours per week; 8.2.3.7 A WEX no less than two weeks and a maximum of 12 weeks; 8.2.3.8 Sufficient quantity and quality of work, ensuring training goals are being accomplished; 8.2.3.9 Worksite supervision at all times, which ensure sufficient equipment and materials are available to participants for carrying out the activities; 8.2.4 Provide participant oversight to include: 8.2.4.1 Take attendance, which shall be confirmed by a worksite supervisor; and 8.2.4.2 Complete the weekly WEX Participant Evaluation Form (Attachment C) of participants’ performance and rating in completion of tasks and assignments; and 8.2.5 Training shall be provided at Partners location: 2831 N. 31st Ave Phoenix AZ 85009 8.2.6 Notify the Program’s point of contact immediately by phone and via email of any significant problems/injuries encountered. Complete a written incident report (Exhibit 1 WEX Participant Incident Report) and submit the report via email to the Program’s point of contact. 9.0 FORMS 9.1 Work Experience Request Form (Attachment A): to be completed by Program staff and the Partner to provide information on the business and identify the types of tasks program participants will be exposed to in the work environments. The form must be completed prior to Agreement execution; 9.2 WEX Participant Task Description and Acknowledgment Form (Attachment B): to be completed by Program staff and Partner to identify individualized tasks description and the types of activities that will be assigned to the participant. Partner shall sign the form, the Case Manager and the Participant. The form must be completed prior to Agreement execution; 9.3 WEX Participant Evaluation (Attachment C): to be completed on a weekly basis by the Partner/Supervisor evaluating participant’s tasks and activities and submitted to participant’s assigned Case Manager; and Page 5 of 10 St. Mary’s Food Bank Alliance 9.4 WEX Participant Incident Form (Exhibit 1): to be completed by Partner if/when an incident occurs in the worksite. The form shall be submitted to the assigned Case Manager via email. 10.0 CONFIDENTIAL INFORMATION The use or disclosure by any Party of any information concerning a participant is strictly limited to the conduct of this Agreement. The Partner and its agents shall safeguard the confidentiality of all information, just as they would safeguard their own confidential information. 11.0 NON-DISCRIMINATION In accordance with Section 188 of WIOA, 29 C.F.R. Part 38, State Executive Order No. 2009-09, and all other federal and state laws, rule, and regulations, the Partner acknowledges that it is against the law to discriminate on the basis of race, color, religion, sex (including pregnancy, child birth or related medical condition, sex stereotyping, transgender status (gender expression and gender identity)), national origin (including Limited English Proficiency (LEP)), age, disability, political affiliation or belief, citizenship/status as a lawfully admitted immigrant authorized to work in the United States, and participation in any WIOA Title I financially assisted program or activity. 12.0 COMPLIANCE WITH APPLICABLE LAWS 12.1 The Partner and any and all of its departments, agencies, boards, commissions, committees, directors, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors shall comply with all applicable laws, ordinances, executive orders, rules, regulations, standards, and codes of federal, state, and local governments whether or not specifically referenced in this Agreement. Specifically, the following apply: 12.1.1 Unless exempt under Federal law, the Partner shall comply with Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and State Executive Order No. 75-5, as updated in State Executive Order No. 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin, or political affiliation, shall have equal access to employment opportunities. Partner 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 Partner shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended. 12.1.2 The Partner 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 Partner 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. 12.1.3 The Partner 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. Page 6 of 10 St. Mary’s Food Bank Alliance 13.0 RELATIONSHIPS The Partner does not become the agent of the County for any purposes under to this Agreement and will make no representation of any such agency. In agreeing to provide WEX and training for the participant, the Partner understands that this does not make the participant an employee or agent of the County or the Partner. 14.0 EMPLOYMENT DISCLAIMER 14.1 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. 14.2 The Partner agrees that no individual performing under this Agreement on behalf of the Partner 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 Partner 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 shall indemnify, defend, and hold harmless the County with respect to the foregoing. 14.3 The County agrees that no individual performing under this Agreement on behalf of County may be considered a Partner agent, employee, or representative and that no rights of Partner civil service, Partner retirement, or Partner 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 concerning such individuals and the County shall indemnify, defend, and hold harmless the Partner with respect to the foregoing. 15.0 AVAILABILITY OF FUNDS 15.1 As a designated Local Workforce Development Area, Maricopa County is the recipient of WIOA funds. Should funding for Program activities be reduced for any reason and WEX activities and services are not funded, the County or the Partner (or both) may take either of the following actions: 15.1.1 Accept a decrease in services offered by the other Party; or 15.1.2 Cancel this Agreement. 16.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION 16.1 The Partner certifies to the best of its knowledge and belief, that it and any and all of its departments, agencies, boards, commissions, committees, directors, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors: 16.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 16.1.2 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 Page 7 of 10 St. Mary’s Food Bank Alliance 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; 16.1.3 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 16.1.4 Have not within a three-year period had one or more public transactions (federal, state, or local) terminated for cause or default. 17.0 NOTICES Any notices or other communications required under this Agreement shall be in writing and shall be duly given to the party at the address set forth below: Workforce Development Division: Jared Beard, Assistant Director Workforce Development Division 234 North Central Ave, Suite 3000 Phoenix, AZ 85004 602-280-7487 Jared.Beard@maricopa.gov St. Mary’s Food Bank Alliance Brooke Beaudoin, Skills Center Director 2831 N. 31st Ave. Phoenix, Arizona 85009 602-343-3195 babeaudoin@stmarysfoodbank.org 18.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 If the Partner 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 Partner certifies it is not currently engaged in, and agrees for the duration of this Agreement not to engage in, a boycott of goods and 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. 19.0 GENERAL INDEMNIFICATION 19.1 The Partner (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the County (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney and expert fees) (“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 departments, agencies, boards, commissions, committees, directors, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors. 19.2 Additionally, the Partner shall indemnify, defend, and hold harmless the County and its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, and agents from and against all Claims either arising from or related to breach of this Agreement by the Page 8 of 10 St. Mary’s Food Bank Alliance Partner and any and all of its departments, agencies, boards, commissions, committees, directors, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors. 20.0 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. 21.0 ASSIGNABILITY AND SUBCONTRACTING No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or subcontracted, in whole or part, without the prior written approval of the County. The Partner 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. 22.0 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. 23.0 FORCE MAJEURE 23.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include, but not limited to pandemics, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service. 23.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each Party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 23.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. 24.0 ENTIRE AGREEMENT This Agreement contains the entire understanding of the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either Party to this Agreement. Additionally, there are no Page 9 of 10 St. Mary’s Food Bank Alliance representations or other provisions besides those contained in this Agreement or in any written amendments approved and signed by both Parties. 25.0 SEVERABILITY The Parties agree 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. 26.0 SURVIVAL The indemnification, hold harmless, and defense 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. 27.0 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. 28.0 AUTHORIZATION Each Party warrants to the other Party that the appropriate governing body of the Party has authorized approval and signature of this Agreement. 29.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 30.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 30.1 The Partner warrants and certifies that it does not currently, and agrees for duration of the contract that it will not, use: 30.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China 30.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 30.1.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 30.2 If the Partner becomes aware during the term of the Agreement that the Partner is not in compliance with this paragraph, the Partner shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Partner to provide a written certification that the Partner has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. Page 10 of 10 St. Mary’s Food Bank Alliance IN WITNESS, the Parties have approved and signed this Agreement: FOR ST. MARY’S FOOD BANK ALLIANCE FOR MARICOPA COUNTY: ____________________________________ Brooke Beaudoin Date Skills Center Director ________________________________________ Jack Sellers, Chairman Date Board of Supervisors Attested to: ________________________________________ Juanita Garza, Clerk of the Board Date APPROVED AS TO FORM ____________________________________ Attorney for Partner Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AGREEMENT 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 _________________________________________ Deputy County Attorney Date