SERVICE PROVIDER MOU REDLINED.PDF
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SERVICE PROVIDER MEMORANDUM OF UNDERSTANDING
Between
Maricopa County Workforce Development Board and
Service Provider
This Service Provider Memorandum of Understanding (MOU) is made between the Maricopa County
Workforce Development Board (“WDB”) and the Maricopa County Human Service Department
(“Provider”) to be a Service Provider for the WDB. This MOU is made in accordance with the policy of
the Workforce Arizona Council.
I.
PARTIES
A. The parties to this agreement are:
i.
Board of Supervisors
ii.
Maricopa County Workforce Development Board
iii.
Service Maricopa County Human Services Department (“ Service Provider” or
“Provider”)
B. The Board of Supervisors, Maricopa County Workforce Development Board and Service
Provider are collectively referred to as the “Parties” and individually as a “Party.”
II.
BACKGROUND RECITALS
A. The Workforce Innovation and Opportunity Act (WIOA) was established to increase
employment, education, and training for individuals with barriers, to support the alignment
and improvement of the workforce development system, to improve the skills of workers to
secure employment with family-sustaining wages and provide employers with a skilled
workforce for competitiveness, and to provide workforce activities through state and local
workforce development systems.
B. Maricopa County is designated the local workforce development area by the Governor and is
the grant recipient funded to administer WIOA in Maricopa County, outside of the City of
Phoenix.
C. The WDB is the workforce development board for the Maricopa County Local Workforce
Development Area.
D. Workforce Arizona Council policy requires that a written agreement be entered and executed
between the WDB and Service Provider.
E. The Maricopa County Workforce Development Board Adult and Dislocated Worker services for
the Maricopa County Local Workforce Development Area.
F.E. Maricopa County WDB, through its service providers, is committed to providing
comprehensive, integrated, and regional workforce services within the local service area.
G.F. The Parties agree to a relationship built on mutual respect and cooperation, which recognizes a
common goal, operates in the best interest of the community, ensures transparent and open
communication, and is timely and responsive in activities.
H.G.
The Parties acknowledge that WIOA laws and regulations, Training and Employment
Guidance Letters (TEGLs), Uniform Administrative Guidance, State Law and applicable policies,
the Arizona Department of Economic Security WIOA contract, and County policies shall be
adhered to in their entirety. The Parties acknowledge that sub recipients of Federal funds and
must follow the Uniform Guidance at 2 CFR part 200, including the contractual provisions in 2
CFR 200.326 and 2 CFR part 2900.
I.H. In consideration of the recitals set forth above and incorporated by reference, the Parties agree
to the provisions contained within this document.
III. PURPOSE
A. The purpose of the Agreement is to document the Parties’ agreement that the Provider for the
WIOA Title 1B Adult, Dislocated Worker, Youth, and Rapid Response service providerservices
within the Maricopa County local workforce area, is the Workforce Development Division of
the Maricopa County Human Services Department. The Agreement provides:
i.
clear reference to service ownership,
ii.
accountability, roles and/or responsibilities
iii.
a clear, concise and measurable description of services to be provided.
IV. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meaning set forth below:
A. Career Services Provider: the provider of services as specified in WIOA to “Adults” and/or
“Dislocated Workers.”
B. Chief Elected Officials (CEOs): the Board of Supervisors (BOS).
C. Fiscal Agent: the CEO, or designated entity, responsible to perform accounting and funds
management for WIOA funds.
D. Grant Recipient: the CEOs, or designated entity, responsible for grant administration,
compliance, policy, and oversight of the WIOA program and funds in the Local Workforce Area.
E. In-Demand Industry Sector or Occupation: A vocation or vocational field that:
i.
has a substantial current or potential impact on the Local Workforce Area,
ii.
contributes to the growth or stability of other supporting businesses or sectors,
and/or
iii.
has or is projected to have a number of available positions, an impact on the local
economy, and lead to economic self-sufficiency and opportunities for advancement.
F. Local Workforce Area: Maricopa County as designated by the Governor.
G. Local Workforce Development Board: the Workforce Development Board as defined by 20 CFR
679.310.
H. Service Provider: an organization or entity that directly provides Career Services in the Local
Workforce Area.
I.
Training and Employment Guidance Letter (TEGL): the guidance letter issued by the US
Department of Labor.
J. WIOA: the Workforce Innovation and Opportunity Act of 2014, as amended.
K. Youth Services Provider: the provider of services to youth as specified in WIOA.
V. EFFECTIVE DATE, TERM AND TERMINATION
A. This Agreement shall be effective the date signed by both Parties, until December 31st,
20202023.
B. The Agreement may be extended for two (2) additional six (6) month one (1) year terms, upon
acceptance and approval by the Parties. The WDB shall provide notice of intent to renew (60)
days prior to the end of the term.
C. The Agreement may be renegotiated or terminated by either Party with (6) three (3) months’
notice in writing to the other party. Such notice shall be given by personal delivery or by
Registered or Certified mail.
D. This Agreement is subject to the statutory language of A.R.S. § 38-511 which are is
incorporated herein by reference.
E. If any action is taken by any State agency, federal department or any other agency or
instrumentality with legal authority to suspend, decrease or terminate its fiscal obligation
under, or in connection with this Agreement, the Parties may amend, suspend, decrease or
terminate their obligations under or in connection with this Agreement. In the event of
termination, the Parties shall be liable for payment only for services rendered prior to the
effective date of the termination, provided that such services performed are in accordance
with the provisions of this Agreement. The Parties shall give written notice of the effective date
of any suspension, amendment, or termination under this section at least ten (10) calendar
days in advance.
F. This Agreement may be terminated by mutual written Agreement of the parties specifying the
termination date therein.
VI. AMENDMENTS
Any change to this Agreement shall be in writing and signed by all Parties.
VII. AUTHORIZED OFFICIALS
A. For the Workforce Development Board: The Chairman of the Workforce Development Board
B. For Provider: The Chairman of the Board of Supervisors
VIII. SCOPE OF WORK
A. Career Services
i.
The “Provider” is responsible for providing staffing and program services to meet the
needs of job seeker and employer customers. The “Provider” will provide staff to
deliver quality services to customers and determine need for supportive services,
employment and training,; and assess availability, suitability and identification of
resources to meet those needs. At the direction of the Provider, staff shall perform
duties in all three areas outlined below.
ii.
“Provider” shall provide staffing for the following career services elements:
a.
Basic Services as described in WIOA § 134(c)(2)(A)(i)-(xi) and 20 CFR §
678.430(a) available through the One-Stop delivery system. Provider shall
provide services which may include outreach, intake, orientation, conducting
initial assessments, labor exchange/job search labor market information,
support services, AZ@WORK enrollment activities, and make referral decisions
based on information obtained in the intake process. Services provided will be
entered into the State automated system based on the Department of
Economic Security requirements.
b.
Individualized Services as described in 20 CFR § 678.430(b), if determined
appropriate in order for an individual to obtain and retain employment.
Provider shall, at a minimum provide services which may include
comprehensive assessments, individual employment plan formulation, career
planning/counseling, skill development/workforce preparation thru short-term
prevocational internships, work experiences, pre-apprenticeship activities,
financial literacy and English Language education. Services provided will be
entered into the State automated system based on the Department of
Economic Security requirements.
iii.
Adult and dislocated worker staff under this contract will provide services throughout
the local area within the Maricopa County local workforce area. Staff will deliver
WIOA Title IB workforce development services to both job seekers and employer
customers. Adult and dislocated worker services will be provided through the job
center(s) to eligible individuals. These services may include outreach, initial and
comprehensive assessments, eligibility determination, enrollment, documentation,
career counseling, skills development through an appropriate mix of classroom
training, on the job training, work experience, job placement, apprenticeships and
other services as appropriate, referrals for additional services, support services, and
post program/employment follow up services.
iv.
All appropriate materials must contain "equal opportunity employer/program"
statement provided by the US Department of Labor and State policy. All materials
must also include the statement that auxiliary aids and services are available upon
request to individuals with individuals with disabilities."
v.
“Provider” will be responsible for determining eligibility and for collecting and
verifying all necessary eligibility documents. These verification documents must be
maintained by the Provider.
a. Adult program services are available to those as defined by law, regulation and
guidance and may include:
1. anyone 18 years or older
2. a United States citizen or legally authorized to work in this US
3. a male, in compliance with Selective Service registration requirements
4. a disadvantaged adult is an adult who received income or is a member of a
family that received a total family income, that in relation to the family size,
does not exceed the local area designated poverty line or lower living
standard income level.
b. Dislocated Worker services are available to those as defined by law, regulation
and guidance and may include individuals who:
1. have been terminated or laid off due to no fault of their own or have received
notice of a termination or layoff;
2. are eligible for or have exhausted unemployment insurance; or
3. are not eligible for unemployment benefits due to insufficient earnings or
having performed services for an employer that were not covered under State
unemployment compensation; and
4. are unlikely to return to the previous industry or occupation.;
5. were self-employed but are unemployed as a result of general economic
conditions in the community or because of natural disasters, displaced
homemakers, spouse of an Armed Forces on active duty, and the long term
unemployed (12 or more consecutive weeks).
v.iii. Individual Employment Plans (“Individualized Employment Plan”) are an individual
career service for adult and dislocated worker. IEPs may be developed when
determined appropriate between the participant and the career service provider.
(680.170)
B. Follow up Career Services
i.
Provider will provide follow up career services, including counseling, when deemed
appropriate, as described in WIOA 134(c)(2)(A)(xiii) and § 678.430(c) and State Policy
to participants in adult or dislocated worker workforce investment activities who are
placed in unsubsidized employment for a minimum of twelve (12) months following
the first day of employment.
C. Training Services
i.
Provider will provide training services as described in 20 CFR §680.200, as necessary.
These services may be made available to employed and unemployed adults and
dislocated workers who:
a.
Provider staff determines, after an interview, evaluation or assessment and
career planning are:
1.
Unlikely or unable to obtain or retain employment that leads to economic
self-sufficiency or wages comparable to or higher than wages from
previous employment through career services;
2.
In need of training services to obtain or retain employment leading to
economic self-sufficiency or wages comparable to or higher than wages
from previous employment; and
3.
Have the skills and qualifications to participate successfully in training
services.
b. Select a program of training that is directly linked to the employment
opportunities in the local area or the planning region, or in another area to
which the individuals are willing to commute or relocate;
c. Are unable to obtain grant assistance from other sources to pay the costs of
such training, including such sources as State funded training funds, Trade
Adjustment Assistance (TAA) and Federal Pell Grants established under title IV
of the Higher Education Act of 1965, or require WIOA assistance in addition to
other sources of grant assistance, including Federal Pell Grants (provisions
relating to fund coordination are found at 20CFR §680.230 and WIOA §
134(c)(3)(B)); and
d. If training services are provided through the adult funding stream, are
determined eligible in accordance with the State and local priority system in
effect for adults under WIOA § 134(c)(3)(E) and § 680.600.
ii. Training Services available to qualified adults and dislocated workers and employers:
a. Occupational skills training, including training for nontraditional employment;
b. On-the-job training (OJT);
c. Work experience or internship, in accordance with 680.170;
c.d. Incumbent worker training, in accordance with WIOA § 134(d)(4) and §§
680.780, 680.790, 680.800, 680.810 and 680,820;
d.e. Programs that combine workplace training with related instruction, which may
include cooperative education programs;
e.f. Training programs operated by the private sector;
f.g. Skills upgrading and retraining;
g.h. Entrepreneurial training;
h.i. Transitional jobs in accordance with WIOA § 134(d)(5) and §§ 680.190 and
680.195;
i.j. Job readiness training provided in combination with services listed in sections
3.5.2.1- 3.5.2.8 of this section;
j.k. Adult education and literacy activities, including activities of English language
acquisition and integrated education and training programs, provided
concurrently or in combination with training services listed in this sections
3.5.2.1- 3.5.2.7; and
k.l. Customized training conducted with a commitment by an employer or group of
employers to employ an individual upon successful completion of the training.;
and
l.m. Individual Training Accounts (ITAs) and access to lists of eligible training
providers and programs of training through the one-stop delivery system to
adults and dislocated workers needing training. The lists of eligible training
providers and programs shall contain quality consumer information, including
cost and performance information for each of the providers’ programs, so that
participants can make informed choices on where to use their ITAs.
D. Rapid Response Services
i.
Provider will provide Rapid Response services as described in 20 CFR § 682.300 –
682-370 as necessary to Dislocated Workers.
ii.
Rapid Response shall be delivered when one or more of the following circumstances
occur(s):
a. Announcement or notification of permanent closure regardless of the number
of workers affected;
b. Announcement or notification of a mass layoff as defined in § 682.305;.
c. A mass job dislocation resulting from a natural or other disaster; or
d. The filing of a Trade Adjustment Assistance (TAA) petition.
iii.
Rapid Response activities shall include:
a. Layoff aversion activities as described in § 682.320, as applicable.
b. Immediate and on-site contact with the employer, representatives of the
affected workers, and the local community, including an assessment of and
plans to address the:
1.
Layoff plans and schedule of the employer;
2.
Background and probable assistance needs of the affected workers;
3.
Reemployment prospects for workers; and
4.
Available resources to meet the short and long-term assistance needs of the
affected workers.
c. The provision of information and access to unemployment compensation
benefits and programs, such as Short- Term Compensation, comprehensive one-
stop delivery system services and employment training activities, including
information on the TAA program (19 U.S.C 2271 et seq.), Pell Grants, the GI Bill
and other resources.
d. The delivery of other necessary services and resources including workshops and
classes, use of worker transition centers and job fairs, to support reemployment
efforts for affected workers.
e. Partnership with the Local WDB(s) and CEOchief elected official(s) to ensure a
coordinated response to the dislocation event and, as needed, obtain access to
State and local economic development assistance. Such coordinated response
may include the development of an application for a national dislocated worker
grant as provided under 20 CFR Part 687.
f. The provision of emergency assistance adapted to the particular layoff or
disaster.
g. Developing systems and processes as appropriate for:
1.
Identifying and gathering information for early warning of potential layoffs
or opportunities for layoff aversion;
2.
Analyzing and acting upon, data and information on dislocations and other
economic activity in the State, or local area; and
3.
Tracking outcome and performance data and information related to the
activities of the rapid response program.
h. Developing and maintaining partnerships with other appropriate Federal, State
and local agencies and officials, employer associations, technical councils, other
industry business councils, labor organizations and other public and private
organizations, in order to:
1.
Conduct strategic planning activities to develop strategies for addressing
dislocation events and ensuring timely access to a broad range of necessary
assistance; and
2.
Develop mechanisms for gathering and exchanging information and data
relating to potential dislocations, resources available and the customization
of layoff aversion or rapid response activities, to ensure the ability to
provide rapid response services as early as possible.
i.
Delivery of services to worker groups for which a petition for Trade Adjustment
Assistance has been filed.
j.
As described in 20 CFR § 682.350, work with ADES to request the provision of
additional assistance to local areas that experience disasters, mass layoffs, or
other dislocation events when such events exceed the capacity of the local area
to respond with existing resources as provided under WIOA § 134(a)(2)(A)(i)(III).
k. Provision of guidance and financial assistance as appropriate, in establishing a
labor-management committee in voluntarily agreed to by the employee’s
bargaining representative and management. The committee may devise and
oversee an implementation strategy that responds to the reemployment needs
of the workers. The assistance to this committee may include:
1.
The provision of training and technical assistance to members of the
committee; and
2.
Funding the operating costs of a committee to enable it to provide advice
and assistance in carrying out rapid response activities and in the design and
delivery of WIOA authorized services to affected workers.
E. Youth Services
i.
Youth services as described in 20 CFR § 681.200 – 681.650 are to be provided to
WIOA Title 1B eligible youth, who are either in-school, ages fourteen to twenty-one
(14-21) (unless an individual with a disability who is attending school under State
law) or out-of-school, ages sixteen to twenty-four (16-24).
ii.
The “Provider” will make available the following fourteen (14) elements for the
Maricopa County local workforce development area either directly or via
subcontracts.
a. Comprehensive guidance and counseling activities – to assist youth in making
sound decisions regarding their education and professional plans and goals.
Counseling and guidance activities related to life choices may include assisting
youth to:
1.
Deal with the pressures of life;
2.
Resolve interpersonal conflicts with others;
3.
Avoid and/or resist peer pressure;
4.
Understand how educational/vocational choices impact their future
lifestyle;
5.
Life Skills training (budgeting, time management, etc.); and
6.
Drug and alcohol abuse counseling
b. Financial Literacy education – supporting the ability of participants to create
household budgets, initiate savings plans, and make informed financial decisions
about education, retirement, home ownership, wealth building, or other savings
goals.
c. Services that provides labor market and employment information about the
targeted industry sectors or occupations available within the local area – such
as career awareness, career counseling, and career exploration.
d. Tutoring, study skills training, and instruction as well as evidence-based
dropout prevention and recovery strategies – that lead to completion of the
requirements for a secondary school diploma or its recognized equivalent or for
a recognized postsecondary credential.
e. Entrepreneurial skills training – including, but not limited to, knowledge of
start-up business models, writing business plans, financial management, basic
accounting and finance principles, legal and risk management marketing needs
and planning, customer service and time management, HR issues, record
keeping, and taxes.
f. Paid and unpaid work experiences – that have an academic component and
occupational education which may include summer employment opportunities,
pre-apprenticeship programs, internships and job shadowing, and on-the-job
training.
g. Occupational skills training – post-secondary education and/or skills training to
attain industry standard certifications.
h. Leadership development opportunities – encourage responsibility,
employability, pre-employment training, and citizenship. Activities may include
life skills instruction, decision-making skills training, cultural diversity
instruction, community service projects, self-esteem building activities, and real-
life skills. Other leadership development opportunities may also include peer-
centered activities, including peer mentoring and tutoring, community service-
learning projects, exposure to post-secondary educational opportunities, and
work simulation.
i.
Adult mentoring – for the period of program participation and a subsequent
period.
j.
Supportive services – such as transportation assistance, childcare, work
attire/related tools, and eyewear.
k. Follow-up services –The “Provider” will provide the appropriate
services/activities to enhance the youth’s academic/occupational progress to
ensure long-term success. Follow-up services for youth may include: (1)
leadership development and supportive service activities; (2) regular contact
with a youth participant's employer, including assistance in addressing work-
related problems that arise; (3) assistance in securing better paying jobs, career
pathway development, and further education or training; (4) work-related peer
support groups; (5) adult mentoring; and/or (6) services necessary to ensure the
success of youth participants in employment and/or post-secondary education.
l.
Alternative secondary school instruction or dropout recovery services –
Service provider does not need to deliver these services, as they are available
through Title II Provider.
m. Activities that help youth prepare for and transition to post-secondary
education and training – Service provider does not need to deliver these
services, as they are available through Title II Provider.
n. Education offered concurrently with and in the same context as workforce
preparation activities and training for a specific occupation or occupational
cluster – Workforce preparations activities, basic academic skills, and hands-on
occupational skills training are to be taught within the same time frame and
connected to training in a specific occupation, occupational cluster, or career
pathway. (WIOA sec. 129(c)(2)(E)).
E.F. Business Services
i.
Provider shall provide business services as described in 20 CFR § 678.435 as
necessary to local employers. Business services may include:
a. Promote employer openings;
b. Pre-screen for qualified candidates;
c. Make candidate referrals to employers;
d. Career Fairs;
e. Employer Hiring Events;
f. Provide and analyze Labor Market Information (LMI) including:
1.
Competitor analysis and
2.
Wage analysis;
g. Commute analysis;
h. Assist with potential business relocations;
i. Business retention and expansion for local economic developers;
j. Regional partnerships; and
k. Input on industry sector partnerships.;
F.G. Priority Populations
i.
Provider shall focus on serving those who have one or more barriers to employment
with special emphasis and specific focus on low-income individuals and families;
justice-involved; single parents; and homeless individuals.
ii.
WDD Provider shall develop relationships with other local entities that serve these
populations to ensure that they are know how to refer clients to Provider for
services.
iii.
Priority populations served by Provider shall be as followeds:
a. Veterans;
b. Low-income individuals;
c. Justice-involved or ex-offenders;
d. Single parents;
e. Homeless individuals;
f. Individuals with disabilities;
g. Older individuals;
h. Current or former youth involved in the foster care system;
i. English language learners and basic skills deficient;
j. Long-term unemployed; and
k. Displaced homemakers.
G.H.
For all services provided, WDD Provider shall determine the appropriate assessments to
administer to clients.
H.I. Provider staff shall utilize family-centered coaching practices in working with all participants.
IX.
PERFORMANCE MEASURES
A. Performance measurements shall be negotiated between the WDB and the State of Arizona
WIOA Administrative Entity.
B. Provider shall may propose performance measurements to the WDB for consideration prior to
WDB’s formal negotiation with the State of Arizona.
C. Provider shall meet or exceed annual performance levels as incorporated into this contract. All
subsequent pProgram year performance levels shall be effective after the WDB and Chief
Elected Official approves and shall be incorporated as an amendment to this Agreement.
D. Failure to meet any of the performance measures after the end of the Program Year may
require a written corrective action plan from Provider. If Provider fails the same performance
measure two consecutive years and the Arizona Department of Economic Security imposes
sanctions, the WDB may apply those sanctions onto Provider.
E. Performance measurements are defined as:
i.
Employment Rate: The percentage of participants who are in unsubsidized
employment and/or for Youth participants that who are participating in
Postsecondary Education during the second and fourth quarter after exit from the
program.
a. 2nd Quarter after Exit
1.
Adult
2.
Dislocated Worker
2.3.
Youth
b. 4th Quarter after Exit
1.
Adult
2.
Dislocated Worker
2.3.
Youth
ii.
Median Earnings: The median earnings of participants who are in unsubsidized
employment during the second quarter after exit from the program.
a. 2nd Quarter after Exit
1.
Adult
2.
Dislocated Worker
2.3.
Youth
iii.
Credential Attainment Rate: The percentage of those participants enrolled in an
education or training program (excluding those in on-the-job training (OJT) and
customized training) who attain a recognized postsecondary credential or a
secondary school diploma, or its recognized equivalent, during participation in or
within one year after exit from the program. A participant who has attained a
secondary school diploma or its recognized equivalent is included in the percentage
of participants who have attained a secondary school diploma or its recognized
equivalent only if the participant also is employed or is enrolled in an education or
training program leading to a recognized postsecondary credential within one year
after exit from the program.
a. During participation in or within 1 year after exit from the program.
1.
Adult
2.
Dislocated Worker
2.3.
Youth
iv.
Measurable Skills Gains: The percentage of program participants who, during a
program year, are in an education or training program that leads to a recognized
postsecondary credential or employment and who are achieving measurable skill
gains, defined as documented academic, technical, occupational, or other forms of
progress, towards such a credential or employment. Depending on the type of
education or training program, documented progress is defined as one of the
following:
a. Documented achievement of at least one educational functioning level of a
participant who is receiving instruction below the postsecondary education
level;
b. Documented attainment of a secondary school diploma or its recognized
equivalent;
c. Secondary or postsecondary transcript or report card for a sufficient number of
credit hours that shows a participant is meeting the State unit's academic
standards;
d. Satisfactory or better progress report, towards established milestones, such as
completion of OJT or completion of one year of an apprenticeship program or
similar milestones, from an employer or training provider who is providing
training; or
e. Successful passage of an exam that is required for a particular occupation or
progress in attaining technical or occupational skills as evidenced by trade-
related benchmarks such as knowledge-based exams.
f. A gain shall be attained and documented at the end of each program year (June
30th).
1.
Adult
2.
Dislocated Worker
2.3.
Youth
X.
SUBCONTRACTS
A. Provider shall provide a quarterly report to the MCWDB listing all subrecipient contracts for
services.
XI.
INFORMATION SYSTEMS
A. Provider must ensure staff have access to the appropriate information systems and safeguard
these information systems from unauthorized access of use.
B. Provider shall only utilize the Arizona Job Connection data system (or other stated-mandated
WIOA system) and the Provider’s maintained data and case management system.
C. Data Entry, Security and PII
i.
Provider must monitor and review customer records for data integrity.
ii.
“Provider” must comply with all security standards and guidelines as required by DES
and WIOA.
iii.
“Provider” will maintain confidentiality of any Personally Identifiable Information
(PII). This applies to both printed and electronic PII.
iv.
“Provider” staff are to adhere to professional standards of client confidentiality as
required under WIOA.
XII.
STAFFING, SPACE, AND EQUIPMENT
A. Provider is responsible for providing staffing, space and equipment necessary to deliver the
aforementioned services and meet the performance requirements outlined in this document.
This may be accomplished through hiring of staff, contracting for services, leasing of space and
procurement of equipment, and/or or entering in to subcontracts with other providers.
B. Provider shall present to the notify the WDB Administration on any proposed comprehensive
center location changes at least 120 days prior to the planned change date. The presentation
shall include an analysis regarding how the new location(s) serves the needs of the community.
If the change requires additional funding, this shall be disclosed during the meeting. WDD
C. Provider shall be expected to provide services throughout Maricopa County excluding the City
of Phoenix, and may provide services at optional locations. The provider must notify the WDB
of any optional locations at which services are provided. If use of these locations requires
additional funding, this shall be disclosed to the WDB.
D. Any such space, equipment, or technology necessary for WIOA service provision shall be
funded by WIOA, and included in Provider’s operating budget. Provider shall be responsible for
obtaining and maintaining equipment, software, or other information technology items.
E. Prior to purchasing any single use equipment over $5,000 or total purchase exceeding $10,000,
Provider shall complete the Arizona Department of Economic Security Form (ADES) WIOA pre-
approval questionnaire for equipment and vehicles over $5,000. This form shall be submitted
to the fiscal agent and the WDB staff.
XIII. FUNDING
A. Funds under this Agreement are provided by the Workforce Innovation and Opportunity Act
(WIOA) Title I federal program from the U.S. Department of Labor. As such, the funds are
subject to all the provisions of Public Law 113-128 as well as any guidance issued by the U.S.
Department of Labor and DES.
B. Funding for this Agreement is provided by the Catalog of Federal Domestic Assistance (CFDA):
i.
Adult Worker – 17.258
ii.
Dislocated Worker – 17.278
iii.
Youth Program – 17.259
C. Should the Fiscal AgentCEO determine that funds are not available for continuing these
services; the Fiscal AgentCEO may cancel this Agreement. Every performance of the Parties
under this Agreement is conditioned upon the availability of funds appropriated, allocated, or
granted for performance. If funds are not available for the continuance of this Agreement, this
Agreement may be terminated by either Party at the end of the period for which funds are
available. No liability shall accrue to either Party in the event of termination, and neither Party
shall be obligated or liable for any future performance, payments or for any damages as a
result of termination under this paragraph.
D. In the event of termination of this Agreement due to unavailability of funds, all outstanding
payments due to Provider (for completed performance under this Agreement) shall be paid
within ten (10) days of the termination date of the Agreement.
E. All WIOA eligible expenditures are cost-reimbursable.
F. All funds must be spent within the ADES period of availability.
XIV. INVOICING
A. Provider shall submit the previous month’s invoice by the 25th of the month to the Fiscal Agent
and the WDB Executive Director.
B. This invoice shall be the AZDES Accrued Expenditure and Cash Report for all WIOA services
provided.
XV. REPORTS
A. Provider shall submit quarterly and annual reports on the current year’s and progress towards
performance measures.
B. All quarterly reports are due no later than 45 calendar days after the end of the specified
reporting quarter. Reporting quarter end dates are September 30; December 31; March 31;
and June 30.
C. The annual report shall be submitted no later than 90 calendar days following the end of the
program year end date of June 30.
XVI. NOTICES
A. Notifications and communications concerning this Agreement shall be directed to the
following:
i.
Maricopa County Workforce Development Board: Executive Director
701 Jefferson St. Phoenix AZ 85007
ii. Maricopa County Human Services Department: Assistant Director of WDD
234 N. Central Avenue, 3rd Floor, Phoenix, AZ 85004
XVII. NOTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY
EXCLUSION
A. Each Party certifies to the best of its knowledge and belief, that it and its directors, officers and
agents:
i.
Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
ii.
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;
iii.
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 paragraph 9.1.2; and
iv.
Have not within a three-year period had one or more public transactions (Federal,
State, or local) terminated for cause or default.
XVIII. NON DISCRIMINATION AND EQUAL OPPORTUNITY
A. All Parties to this AGREEMENT certify that they prohibit discrimination, and they certify that no
person, otherwise qualified, is denied employment, services, or other benefits on the basis of:
(i) political or religious opinion or affiliation, marital status, sexual orientation, gender, gender
identification and/or expression, race, color, creed, or national origin; (ii) sex or age, except
when age or sex constitutes a bona fide occupational qualification; or (iii) the physical or
mental disability of a qualified individual with a disability.
B. The Parties specifically agree that they will comply with Section 188 of the WIOA
Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule December 2,
2016), the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), the Non-traditional
Employment for Women Act of 1991, titles VI and VII of the Civil Rights of 1964, as amended,
Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1967,
as amended, title IX of the Education Amendments of 1972, as amended, and with all
applicable requirements imposed by or pursuant to regulations implementing those laws,
including but not limited to 29 CFR Part 37 and 38.
XIX. BACKGROUND CHECKS FOR EMPLOYMENT THROUGH THE CENTRAL REGISTRY
A. The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as
provisions of this AGREEMENT.
B. Central Registry Background Checks will be conducted on all Maricopa County employees. The
information contained in the Central Registry will be used as a factor to determine
qualifications for any positions that are funded through WIOA.
i.
A person who is disqualified because of a Central Registry Background Check may
apply to the Board of Fingerprinting for a Central Registry exception pursuant to
A.R.S. § 41-619.57. A person who is granted a Central Registry exception pursuant to
A.R.S. § 41-619.57 is not entitled to a contract, employment, licensure, certification
or other benefit because the person has been granted a Central Registry exception.
ii.
Before being employed, persons shall certify on forms provided by ADES whether an
allegation of abuse or neglect was made against them and was substantiated. The
completed forms are to be maintained as confidential.
iii.
A person awaiting receipt of the Central Registry Background Check may perform
assigned duties after completion and submittal of the Direct Service Position
certification form if the certification states:
a. The person is not currently the subject of an investigation of child abuse or
neglect in Arizona or another state or jurisdiction; and
b. The person has not been the subject of an investigation of child abuse or neglect
in Arizona, or another state or jurisdiction, which resulted in a substantiated
finding. Person shall complete the Direct Service Position application (FBU-
1003A) located at: https://des.az.gov/digital-library/ders-direct-service-position
XX.
FINGERPRINTING
A. The Parties shall comply with the Provisions of A.R.S. § 46-141 as may be amended.
B. The County shall ensure that all employees, comply with, all applicable (current and future)
legal requirements relating to fingerprinting, fingerprinting clearance cards, certification
regarding pending or past criminal matters, and criminal records checks that relate to
AGREEMENT performance.
C. Applicable legal requirements relating to fingerprinting, certification, and criminal background
checks may include, but are not limited to, the following: A.R.S. §§36-594.01, 36-3008, 41-
1964, and 46-141. All applicable legal requirements relating to fingerprinting, fingerprint
clearance cards, certification regarding pending or past criminal matters, and criminal records
checks are hereby incorporated in their entirety as it relates to employment with Maricopa
County. The County is responsible for knowing which legal requirements relating to
fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal
matters, and criminal records checks relate to work assignment performance.
D. To the extent A.R.S. §§ 46-141 is applicable to employment performance, the following
provisions apply:
i.
Personnel who are employed by the County, whether paid or not, and who are
required to perform duties that are funded by WIOA shall have a valid fingerprint
clearance card or shall apply for a fingerprint clearance card within (7) seven working
days of employment.
ii.
If a person employed by the County is awaiting trial or has been convicted of any of
the offenses listed therein in the State, or of acts committed in another state that
would be offenses in this State, or if the person does not possess or is denied
issuance of a valid fingerprint clearance card, may not perform any duties that are
funded by WIOA.
XXI. COMPLIANCE WITH APPLICABLE LAWS
A. Parties shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations,
standards, and codes of the Federal, State, and Local governments whether or not specifically
referenced herein.
B. Unless exempt under Federal law, 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, which mandates that all persons, regardless
of race, color, religion, sex, age, national origin, or political affiliation, shall have equal access to
employment opportunities. Both 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. Both parties shall comply with the requirements of the Fair Labor
Standards Act of 1938, as amended.
C. 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.
Both 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.
XXII. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-4401 AND
FEDERAL IMMIGRATION LAWS AND REGULATIONS
A. By entering into the AGREEMENT, the Parties 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). The Parties shall
obtain statements from its subcontractors certifying compliance and shall furnish the
statements to the Procurement Officer upon request. These warranties shall remain in effect
through the term of the AGREEMENT. The Parties and their 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
the 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.
B. The County retains the legal right to inspect the Party and subcontractor employee documents
performing work under this AGREEMENT to verify compliance with paragraph 23.1.1 of this
Section. The Parties and subcontractor shall be given reasonable notice of the County’s intent
to inspect and shall make the documents available at the time and date specified. Should the
County suspect or find that the Parties or any of its subcontractors are not in compliance, the
County will consider this a material breach of the AGREEMENT and may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work, termination of the
AGREEMENT for default, and suspension and/or debarment of the Parties. All costs necessary
to verify compliance are the responsibility of the Parties.
XXIII. SEVERABILITY
A. If any part of this Agreement is held to by null and/or void, the remaining portion of the
Agreement shall not be affected.
XXIV. DRUG AND ALCOHOL-FREE WORKPLACE
A. All Parties to this AGREEMENT certify they will comply with the Drug-Free Workplace Act of
1988, 41 U.S.C. 702 et seq., and 2 CFR part 182 which require that all organizations receiving
grants from any Federal agency maintain a drug-free workplace. The recipient shall notify the
awarding office if an employee of the recipient is convicted of violating a criminal drug statute.
Failure to comply with these requirements may be cause for suspension or debarment under 2
CFR part 180, as adopted by the U.S. Department of Education at 2 CFR 3485, and the U.S.
Department of Labor regulations at 29 CFR part 94.
XXV. CERFITICATION REGARDING LOBBYING
A. All Parties shall comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352), 29
C.F.R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2
CFR 200.450. The Parties shall not lobby federal entities using federal funds and will disclose
lobbying activities as required by law and regulations.
XXVI. BUY AMERICAN PROVISION
A. Each Party that receives funds made available under title I WIOA certifies that it will comply
with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the
“Buy American Act.”) and as referenced in WIOA Section 502 and 20 CFR 683.200(f).
XXVII. SALARY COMPENSATION AND BONUS LIMITATIONS
A. Each Party certifies that, when operating grants funded by the U.S. Department of Labor, it
complies with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109-
234, TEGL 17-15, Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker
and Youth Activities Program Allotments for Program Year (PY) 2016; and Workforce
Information Grants to States Allotments for PY 2016, Public Laws 114-113 (Division H, title I,
Section 105) and 114-223, and WIOA section 194(15)(A), restricting the use of federal grant
funds for compensation and bonuses of an individual, whether charged to either direct or
indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level II.
XXVIII. GOVERNING LAW
A. This AGREEMENT will be construed, interpreted, and enforced according to the laws of the
State of Arizona. All Parties shall comply with all applicable State laws and regulations, and
Local laws to the extent that they are not in conflict with Federal requirements. In the event of
a conflict between this Agreement and WIOA, WIOA controls.
XXIX.
ENTIRE AGREEMENT, MODIFICATION, ASSIGNMENT, AND COUNTERPARTS
A. This AGREEMENT constitutes the entire understanding between the Parties and supersedes all
prior written or oral proposals or AGREEMENTs pertaining to the subject matter herein. No
modification of this AGREEMENT will be effective unless made in writing and executed by duly
authorized representatives of each Party. This AGREEMENT may be executed in multiple
counterparts, each of which shall be deemed as original, but all of which, when taken together,
shall constitute one and the same instrument.
XXX.
SURVIVAL
A. The provisions of this AGREEMENT, which by their very nature would continue beyond
termination, or expiration of this AGREEMENT, will continue as valid and enforceable rights and
obligations of the Parties and survive termination or expiration of this AGREEMENT.
XXXI.
CONFLICT WAIVER
A. The Parties to this Agreement acknowledge that they are aware that the Civil Services Division
of the Maricopa County Attorney’s Office (Civil Division) may be chosen as the attorney for all
of the Parties. The Parties acknowledge that they are aware of a potential conflict of interest,
and waive any claim of conflict of interest, which may arise by virtue of Civil Division’s
representation of another Party to this Agreement.
(Remainder intentionally left blank: Signatures to follow)
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: MARICOPA COUNTY
Approved By: MARICOPA COUNTY
WORKFORCE DEVELOPMENT BOARD
Clint Hickman, Chairman, Board of Supervisors
________________________________
________________________________
Date
Date
Approved By: MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
Bruce Liggett, Director
________________________________
Date
Attested to:
Fran McCarroll, Clerk, Board of Supervisors
________________________________
Date
IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED
DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE WITH A.R.S. § 11-952, AND HAS DETERMINED THAT
THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE
LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
________________________________
Deputy County Attorney
Date