ACCESS POINT AGREEMENT - GOVERNMENT.DOCX
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Page 1 of 11 Access Point Agreement - 2020 ACCESS POINT AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND Contract Number: Start Date: End Date: June 30, 2023 This non-financial Access Point Agreement (“Agreement”) is entered into between ____________________, (“Organization”), and Maricopa County, administered by its Human Services Department, (“County”). The Organization is a governmental entity in the State of Arizona. The Organization and the County are collectively referred to in this Agreement as the “Parties” and individually as a “Party.” Through this Agreement the Organization agrees to establish and provide specific space within the Organization’s facility where community members and local residents can access resources to conduct job search activities. The Organization’s facility shall be referred to in this Agreement as an “Access Point” location. 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. Notice under this Agreement shall be given to the persons listed in Section 9 (Notices) of this Agreement if any changes are required. IN WITNESS, the Parties have approved and signed this Agreement: Approved By: [Name of Organization] Approved By: MARICOPA COUNTY _ Authorized Signature Date ____________________________________ Printed Name and Title Date Bruce Liggett Date Director, Human Services Department APPROVED AS TO FORM: Attorney for Organization Date APPROVED AS TO FORM: Attorney for Maricopa County Date Page 2 of 11 Access Point Agreement - 2020 1.0 PURPOSE 1.1 The purpose of this Agreement is to establish a system by which local community- based organizations or Government entities are recognized as Access Points -- locations where community members and residents (“Customers”) have the opportunity to conduct job-search activities. Customers shall be provided with no- cost access to computers and printers. 1.2 Further, the development of Access Point locations will help support the County’s workforce development system, which is administered by the Maricopa County Human Services Department Workforce Development Division ARIZONA@WORK – Maricopa County (“Program”). The Agreement’s goal is to support activities that enable Customers to locate and secure employment by increasing access to workforce development activities, training activities and related resources. The Organization’s staff and volunteers will provide adult and youth job seekers with Workforce Innovation and Opportunity Act (WIOA) program services. 1.3 Additionally, job seekers may be provided referrals to ARIZONA@WORK – Maricopa County One-Stop Career Centers for more intensive services to access additional employment-related services. 2.0 TERM AND RENEWAL 2.1 The initial term of this Agreement shall commence on the Agreement Start Date and terminate on the Agreement End Date listed on Page 1 of this Agreement. 2.2 This Agreement shall be effective upon approval and signature by both Parties as shown on Page 1 of the Agreement. 2.3 This Agreement may be extended for two (2) additional two-year terms. Extensions must be in writing and approved and signed by both Parties. The Party requesting the extension shall provide written notice to the other Party of its intent to extend the Agreement term at least thirty (30) calendar days prior to the expiration of the original Agreement term or any extended terms. 3.0 AMENDMENTS All Amendments and modifications to this Agreement shall be in writing and approved and signed by authorized signers for both Parties. 4.0 TERMINATION 4.1 This Agreement may be terminated by either Party, for any reason or no reason, without any liability of any kind to the other Party, except as otherwise provided for in this Agreement, upon giving thirty (30) calendar days’ prior written notice of termination to the other Party. Additionally, this Agreement may be terminated at any time by mutual written agreement of the Parties. The written agreement shall specify the termination date. 4.2 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 this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this 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 11 Access Point Agreement - 2020 4.3 This Agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. 4.4 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 service recipients are endangered, or Organization's non-compliance jeopardizes funding source financial participation. 4.5 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 2.0. 5.0 AVAILABILITY OF FUNDS 5.1 This Agreement is a non-financial Agreement. As a designated Local Workforce Development Area, Maricopa County, exclusive of the City of Phoenix, is the recipient of WIOA funds. Should funding for program activities be reduced for any reason and Access Point activities and services are not funded, then either Party may take any of the following actions: 5.1.1 Accept a decrease in services offered by the other Party; and 5.1.2 Terminate the Agreement. 6.0 ACCESS POINT REQUIREMENTS 6.1 An Access Point must be a located within the boundaries of Maricopa County; 6.2 Support on-site WIOA activities using facility resources to engage in workforce activities, which include: 6.2.1 Availability for Customers to access services; 6.2.2 Established hours of operation for activities; 6.2.3 Availability of computers with secure internet access; and 6.2.4 Allocated facility space to hold workshops and employer events for activities: 6.2.4.1 Employer Job Fairs; 6.2.4.2 Workshops to include: résumé development, preparation for job interviews, and creation of LinkedIn accounts; 6.2.4.3 Ability to maintain marketing materials for ARIZONA@WORK – Maricopa County; and 6.2.4.4 Participation in training to enhance services. 7.0 RESPONSIBILITIES OF THE PARTIES 7.1 The Program shall: 7.1.1 Provide training and mentoring to the Organization’s staff on how to assist Customers with: 7.1.1.1 Conducting job searches; 7.1.1.2 Developing interview skills; 7.1.1.3 Writing resumes; 7.1.1.4 Obtaining WIOA general information; and 7.1.1.5 Creating an Arizona Job Connection Account. 7.1.2 Provide ARIZONA@WORK – Maricopa County marketing materials to the Organization; 7.1.3 Maintain regular communication with the Organization’s administration; and 7.1.4 Meet with Organization’s staff, as needed, to identify: outstanding issues, areas of improvements, and Customer’s success and employability measures. Page 4 of 11 Access Point Agreement - 2020 7.2 The Organization shall: 7.2.1 Be a legal entity in good standing in the State of Arizona; 7.2.2 Provide safe and healthy conditions for Customers, including: 7.2.2.1 a drug-free workplace; 7.2.2.2 a site free from any health and safety violations; and 7.2.2.3 a site free from discriminatory practices. 7.2.3 Provide Customers with: 7.2.3.1 WIOA information and workshops to assist with job searches, résumé development, labor-market research, and referrals to intensive services through ARIZONA@WORK – Maricopa County, as needed. 7.2.4 Provide monthly reports to the County pertaining to Access Point visits: 7.2.4.1 Customer Log-in sheets Attachment A; and 7.2.4.2 Access Point: Monthly Log Attachment B. 8.0 NOTICES Any notice or other communication required under this Agreement shall be in writing and shall be duly given to the Party at the address set forth below: COUNTY (WORKFORCE DEVELOPMENT DIVISION) Tina Wadham Business Services Supervisor 234 Central Avenue, 3rd Floor Phoenix, Arizona 85004 Phone: 602-372-9737 Email: Tina.Wadham@maricopa.gov ORGANIZATION Organization Name: __________________ Representative Name: ________________ Address: ___________________________ City: _______________________________ State: Arizona Zip Code: ________ Phone: _____________________________ Email:______________________________ 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 The Parties agree that no individual performing under this Agreement on behalf of the Organization is to be considered a County employee, and that no rights of County civil service, County retirement, or County personnel rules shall accrue to such individual. The Organization 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 employees and shall save and hold the County harmless with respect thereto. 9.3 The Parties agree that no individual performing under this Agreement either by or on behalf of the County is to be considered an Organization employee, and that no rights of Organization civil service, Organization retirement, or Organization personnel rules shall accrue to 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 Page 5 of 11 Access Point Agreement - 2020 thereto concerning such program participants and shall save and hold the Organization harmless with respect thereto. 10.0 SAFE GUARDING OF CLIENT INFORMATION AND CONFIDENTIAL INFORMATION 10.1 The use or disclosure by the Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors of any information concerning a Customer for, or recipient of, services under this Agreement is directly limited to the conduct of this Agreement. The Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors shall safeguard the confidentiality of this information, just as the Organization would safeguard its own confidential information. 10.2 The Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors) shall comply with the requirements of the Arizona Address Confidentiality Program. A.R.S. § 41-161 et seq. 11.0 GENERAL INDEMNIFICATION 11.1 The Organization (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, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors. 11.2 Additionally, the Organization 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 Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors. 12.0 COMPLIANCE WITH LAWS, RULES, AND REGULATIONS 12.1 The Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors 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: 12.1.1 Unless exempt under federal law, the Organization 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 9No. 4-4 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 Organization and any and all of its departments, agencies, boards, commissions, committees, officers, Page 6 of 11 Access Point Agreement - 2020 officials, staff, employees, volunteers, representatives, agents, and (sub)contractors 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 Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended. 12.1.2 The Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors 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 Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors 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 Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors 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. 12.1.4 The Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors will maintain compliance with all state and federal immigration laws and regulations that relate to its (their) employees. 12.2 In accordance with Section 188 of WIOA, State Executive Order No. 2009-09, and all other federal and state laws, rule and regulations, the Organization and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors acknowledge 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. 13.0 COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401 The Organization warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges that: 13.1 The Organization and its (sub)contractors and vendors, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employment and their compliance with A.R.S. § 23-214; Page 7 of 11 Access Point Agreement - 2020 13.2 A breach of the warranties provided under this Section 13.3 shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability, in addition to other applicable remedies; and 13.3 The County retains the legal right to inspect the papers and employment records of any Organization, (sub)contractor, and vendor employee who works on this Agreement to ensure that the Organization, (sub)contractor, or vendor is complying with the warranties provided under this Section 13.3, and the Organization agrees to make all papers and employment records of such employee(s) available during normal working hours in order to facilitate such an inspection. 14.0 RIGHTS IN DATA The Parties shall have the use of data and reports resulting from this Agreement without cost or other restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to this Agreement and to the performance under this Agreement, excluding attorney-client and work product documents. 15.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION 15.1 The Organization certifies to the best of its knowledge and belief, that it and any and all of its departments, agencies, boards, commissions, committees, officers, officials, staff, employees, volunteers, representatives, agents, and (sub)contractors: 15.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 15.1.2 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 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; 15.1.3 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 15.1.4 Have not within a three-year period had one or more public transactions (federal, state, or local) terminated for cause or default. 16.0 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. 17.0 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 Organization 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. Page 8 of 11 Access Point Agreement - 2020 18.0 WRITTEN CERTIFICATION UNDER A.R.S. § 35-393.01 If the Organization 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 Contractor 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. 19.0 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. 20.0 FORCE MAJEURE 20.1 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. 20.2 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. 20.3 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. 21.0 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 representations or other provisions besides those contained in this Agreement or in any written amendments approved and signed by both Parties. 22.0 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. Page 9 of 11 Access Point Agreement - 2020 23.0 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. 24.0 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. 25.0 AUTHORIZATION Each Party warrants to the other Party that the appropriate governing body of the Party has authorized approval and signature of this Agreement. [The remainder of this page has intentionally been left blank] Equal Opportunity Employer / Program Auxiliary aids and services are available upon request to individuals with disabilities. ARIZONA@WORK Maricopa County products and services are made available through federal funding provided by the Workforce Innovation and Opportunity Act (WIOA) serving Employers by aiding job seekers, adults, dislocated workers and youth Attachment A Customer Sign-In Log Access Point Name: _________________________________________ Month:_____________ Date Print Name (First Last) (Desired) Occupation/ Industry Purpose of Visit Jane Smith C.N.A./ Healthcare Job Search; Resume Help; Interview Help; Workshop; Job Fair; Unemployment; Other: (Explain) First Visit? (Y/N) Veteran/ Military (or Spouse) Create Arizona Job Connections Account? (Y/N) 1 6/13/2019 Yes Yes Yes Date Print Name (First Last) (Desired) Occupation/ Industry Purpose of Visit First Visit? (Y/N) Veteran/ Military (or Spouse) Create Arizona Job Connections Account? (Y/N) 2 Date Print Name (First Last) (Desired) Occupation/ Industry Purpose of Visit First Visit? (Y/N) Veteran/ Military (or Spouse) Create Arizona Job Connections Account? (Y/N) 3 Date Print Name (First Last) (Desired) Occupation/ Industry Purpose of Visit First Visit? (Y/N) Veteran/ Military (or Spouse) Create Arizona Job Connections Account? (Y/N) 4 Date Print Name (First Last) (Desired) Occupation/ Industry Purpose of Visit First Visit? (Y/N) Veteran/ Military (or Spouse) Create Arizona Job Connections Account? (Y/N) 5 Equal Opportunity Employer / Program Auxiliary aids and services are available upon request to individuals with disabilities. ARIZONA@WORK Maricopa County products and services are made available through federal funding provided by the Workforce Innovation and Opportunity Act (WIOA) serving Employers by aiding job seekers, adults, dislocated workers and youth. ACCESS POINT: MONTHLY LOG Organization: __________________________________ Month/Year: __________ **Please Use Sign In Sheet to Answer the Following Questions: 1. How many customers did your Access Point serve this month? Duplicated: Unduplicated: 2. How many veterans or spouses of veterans did your Access Point serve this month? 3. How many customers received assistance with employment services (resume, job application, etc.)? 4. How many job seekers became employed this month? Other Questions: 5. Do you have any success stories? 6. Comments/ Concerns? 7. What other workforce services would you like to see at your organization? (circle all that apply) Job Fairs Train-the-Trainer Workshops Resume Workshops Interview Workshops Career Path Workshops Re-Entry Information Sessions Youth Focused Career Services ARIZONA@WORK Maricopa County Information Session