TCAA AGREEMENT FOR WDD ACTIVITIES.PDF

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TCAA  Agreement  
AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND 
TEMPE COMMUNITY ACTION AGENCY, INC 
 
 
County Contract #: ________________________ 
Agreement Amount: $ 21,052 
Agreement Start Date: August 19, 2020 
Agreement Termination Date: June 30, 2021 
 
1.0 
PARTIES 
This financial Agreement (“Agreement”) is between Tempe Community Action Agency, Inc., an 
Arizona non-profit corporation (TCAA), and Maricopa County (“County”) administered by its 
Human Services Department, Workforce Development Division (“Department”), and pertains to 
Workforce Development services. The County and TCAA collectively are referred to as the 
“Parties” and individually as the “Party.”  
 
2.0 
PURPOSE 
2.1 
The purpose of this Agreement is to integrate the County’s workforce development system 
into TCAA’s social and community services resource network. The Parties’ goal is to 
support workforce development activities and training efforts that will enable local 
employers to attract and retain top talent, as well as to provide adult and youth job seekers 
with Workforce Innovation and Opportunity Act (WIOA) program services.  
 
2.2 
The integrated service delivery model will be located at TCAA’s Office, 2146 East Apache 
Boulevard, Tempe, Arizona 85281. 
 
2.3 
The County shall assign a County Career Advisor to be located at the location listed above 
for 20 hours per week. 
 
2.4 
The services to be provided at the identified facilities will benefit TCAA participants by 
having County staff available to meet with job seekers (Adult and Youth) and local 
employers and provide WIOA activities that will improve resident’s knowledge for:  
2.4.1 conducting job searches to secure stable employment; 
2.4.2 exploring career opportunities;  
2.4.3 improving skills necessary to enter or advance in a specific occupation or trade; 
and 
2.4.4 employment opportunities with local employers. 
 
2.5 
The Parties shall share the costs for funding the program. TCAA shall compensate the 
County on a monthly basis for program service delivery.  
2.5.1 TCAA shall reimburse the County for a portion of the County Career Advisor’s 
salary. The funding amount, per fiscal year, is indicated in the attached Itemized 
Service Budget, Attachment A. The Parties acknowledge that the County Career 
Advisor will remain a County employee and will not be considered an employee of 
TCAA.

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TCAA  Agreement  
3.0 
BACKGROUND 
3.1 
The Workforce Innovation and Opportunity Act of 2014, 29 U.S.C. § 3101, et seq., Public 
Law 113-128 was signed into law on July 22, 2014, and it became effective on July 1, 
2015. WIOA is designed to help job seekers access employment, education, training and 
support services to succeed in the labor market and to match employers with the skilled 
workers they need to compete in the global economy. 
 
3.2 
Maricopa County is designated as a Local Workforce Development Area (LWDA) under 
the federal WIOA program. The County operates two (2) comprehensive Workforce 
Development One Stop Career Centers (Centers). The Centers provide employment-
related services to job seekers and employers in Maricopa County, in accordance with the 
WIOA program regulations. 
 
4.0 
TERM OF AGREEMENT 
4.1 
The initial term of this Agreement is listed on page one of this Agreement. 
4.2 
This Agreement shall be effective upon approval and signature by both Parties. 
4.3 
The Agreement may be extended for two (2) additional one-year terms, provided TCAA is 
in compliance with the terms and conditions of this Agreement.  Extensions must be in 
writing and approved and signed by both Parties. TCAA must provide notice of intent to 
renew (60) calendar days prior to the end of the original or extended Agreement term, as 
applicable.   
 
5.0 
AMENDMENTS 
5.1 
Any changes to this Agreement shall be carried out in accordance with the following: 
5.1.1 A written amendment, signed by the Parties to this Agreement, shall be required 
for all purposes, including the following: 
5.1.1.1 Whenever the agreement period is lengthened or shortened; and 
5.1.1.2 For any other changes in the terms and conditions of this Agreement that 
the Parties deem substantial. 
 
6.0 
FUNDING 
6.1 
TCAA shall provide the County with the amount defined in the Itemized Service Budget 
(ISB), Attachment A. The ISB has been developed between the Parties and is 
incorporated into this Agreement.  
6.2 
The anticipated costs for the Agreement term: 
6.2.1 TCAA shall compensate the County in an amount not to exceed $21,052 for the 
period August 19, 2020 through June 30, 2021. 
 
7.0 
AVAILABILITY OF FUNDS  
7.1 
Should funding for program activities be reduced for any reason and services are not 
funded, then a Party may either accept a decrease in services offered by the other Party 
or terminate this Agreement (or both). 
7.2 
If TCAA is unable to provide funding to support County personnel, then the County has 
the right to either change the availability of, or withdraw, County staff (or both). 
 
8.0 
PAYMENTS  
8.1 
Subject to ongoing review and possible modifications during the term or terms of this 
Agreement, TCAA shall pay the County based on the County submitting a monthly invoice. 
TCAA shall prepare and issue payment within 30 calendar days of receipt of the invoice, 
except for the last month of each fiscal year, regarding which TCAA shall submit payment 
by July 5th of each year. Payments shall be submitted to the Department’s Finance 
Division at the address 234 North Central Avenue, Phoenix, Arizona 85004.

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TCAA  Agreement  
9.0 
RESPONSIBILITIES OF ORGANIZATIONS 
9.1 
The County shall: 
9.1.1 Assign a County Career Advisor to act as a business liaison, trainer, career 
guidance specialist, and partner with TCAA to provide assistance to participants 
and businesses by: 
9.1.1.1 Enrolling WIOA eligible program participants;  
9.1.1.2 Organizing workshops for job seekers to assist with job searches and the 
development of job retention skills and assessment tools for measuring 
interests, aptitude and skills, career exploration, and vocational training;  
9.1.1.3 Providing eligible participant support services that may include funding 
assistance to enable participants to continue training, retain or obtain 
employment, and encourage successful program completion; 
9.1.1.4 Directing job seekers toward activities that lead to the attainment of a 
secondary school diploma or its equivalent; 
9.1.1.5 Organizing job fairs for local employers recruiting employees to fill vacant 
positions;  
9.1.1.6 Engaging with the business community;  
9.1.1.7 Providing case management and referral services; and 
9.1.1.8 Providing TCAA with reports on a semi-annual basis (i.e., January and July 
of each year) containing the following data metrics: 
9.1.1.8.1 Community Outreach Efforts;  
9.1.1.8.2 Total 
number 
of 
Enrollments-including 
participants’ 
demographics; and 
9.1.1.8.3 Summary of services provided; 
9.1.1.8.3.1 Total number of Trainings provided;  
9.1.1.8.3.2 Employment Outcomes; and 
9.1.1.8.3.3 Number of clients engaged in services. 
9.1.2 Provide computers and equipment for County staff to fulfill their duties. 
 
9.2 
TCAA shall: 
9.2.1 Provide workspace at the facility listed in Section 2.2 for County staff to provide 
the services identified in this Agreement. The workspace shall be a secure location 
to house all computers and equipment provided by the County. The workspace 
shall remain locked when not in use by County staff and whenever the facility is 
not in use; 
9.2.2 Provide internet connection; 
9.2.3 Work cooperatively with County staff to improve efficiency, effectiveness, and the 
coordination of workforce services;  
9.2.4 Provide meeting space and space for job fairs as needed; and 
9.2.5 Include information attributing ARIZONA@WORK – Maricopa County program in 
any outreach materials, website, and other promotional/marketing materials 
related to this partnership. 
 
10.0 
TERMINATION  
10.1 
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 the Agreement in any capacity or 
consultant to any other party of the Agreement with respect to the subject matter of the 
Agreement. Additionally, under A.R.S § 38-511, the County may recoup any fee or 
commission paid or due to any person significantly involved in initiating, negotiating,

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TCAA  Agreement  
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. 
 
10.2 
Either Party may terminate this Agreement at any time by giving the other Party at least sixty 
(60) calendar days prior notice in writing (unless terminated by the Board of Supervisors 
under the Availability of Funds provision). The notice shall be given by either mail or via 
email to the persons listed in Section 11 (Notices) of this Agreement. 
 
10.3 
This Agreement may be terminated by mutual written agreement of the Parties specifying 
the termination date therein. 
 
10.4 
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 TCAA’s non-compliance jeopardizes funding source financial participation. 
If not terminated by one of the above methods, then this Agreement shall terminate upon 
the expiration of the term stated on page one of this Agreement or expiration of any extended 
term described in Section 4.0 
 
11.0 
NOTICES 
Notifications and communications concerning this Agreement shall be directed to the following: 
 
County: 
Thomas Colombo, Assistant Director 
Workforce Development 
Maricopa County Human Services Department 
234 N Central Avenue, Suite 3000 
Phoenix, AZ 85004 
Telephone: 602-372-2733 
Email: Tom.Colombo@maricopa.gov 
 
Tempe Community Action Agency: 
Name: Juliet Armstrong Starkey 
Title: Director of Operations 
Address: 2146 East Apache Blvd Tempe, AZ 85281 
Telephone: 480-422-8922 ext. 5886 
Email: juliets@tempeaction.org 
 
12.0 
EMPLOYMENT DISCLAIMER   
12.1 
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. 
12.2 
TCAA agrees that no individual performing under this Agreement on behalf of TCAA 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. TCAA 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. 
12.3 
The County agrees that no individual performing under this Agreement on behalf of County 
may be considered a TCAA agent, employee, or representative and that no rights of TCAA 
civil service, TCAA retirement, or TCAA personnel rules shall accrue or apply to any such

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TCAA  Agreement  
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 TCAA with respect to the foregoing. 
 
13.0 
SAFEGUARDING OF PARTICIPANT INFORMATION 
The use or disclosure by either Party of any information concerning an applicant for, or recipient of, 
service under this Agreement is directly limited to the conduct of this Agreement. TCAA and any 
and all of its agents, representatives, officials, officers, directors, employees, volunteers, 
departments, agencies, boards, committees, and commissions shall safeguard the confidentiality 
of this information, just as they would safeguard their own confidential information.  
 
14.0 
GENERAL INDEMNIFICATION 
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as 
“Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including 
reasonable attorneys’ fees) (hereinafter collectively referred to as “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, its officers, officials, agents, employees, 
or volunteers. 
 
15.0 
NON-LIABILITY 
The County and its agents, representatives, officials, officers, directors, employees, volunteers, 
departments, agencies, boards, committees, and commissions shall not be liable for any act or 
omission by TCAA or any and all of its agents, representatives, officials, officers, directors, 
employees, volunteers, departments, agencies, boards, or commissions occurring in the 
performance of this Agreement, nor shall the County and its agents, representatives, officials, 
officers, directors, employees, volunteers, departments, agencies, boards, committees, and 
commissions be liable for purchases or contracts made by TCAA or any and all of its agents, 
representatives, officials, officers, directors, employees, volunteers, departments, agencies, 
boards, or commissions in connection with this Agreement. 
 
16.0 
GENERAL LIABILITY INSURANCE 
TCAA acknowledges that County is self-insured. TCAA shall provide the County with a Certificate 
of Insurance within 10 business days after full execution of this Agreement. 
 
17.0 
COMPLIANCE WITH APPLICABLE LAWS 
17.1 
Each Party 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: 
17.1.1 Unless exempt under federal law, the 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 
(Executive Order No. 2009-09 superseded Executive Order No. 99-4 and 
amended Executive Order No. 75-5), which mandates that all persons, regardless 
of race, color, religion, sex, age, national origin, or political affiliation, shall have 
equal access to employment opportunities. The Parties shall comply with the 
Rehabilitation Act of 1973, as amended, which prohibits discrimination in the 
employment of qualified persons because of physical or mental disability. The 
Parties shall comply with the requirements of the Fair Labor Standards Act of 1938, 
as amended.

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TCAA  Agreement  
17.1.2 The 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. The Parties shall comply with the requirements of Section 
504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination 
on the basis of disability, in delivering contract services; and with Title II of the 
Americans with Disabilities Act, and the Arizona Disability Act, which prohibits 
discrimination on the basis of physical or mental disabilities in the provision of 
contract programs, services, and activities. 
17.1.3 The Parties 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. 
17.1.4 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further 
acknowledges that: 
17.1.4.1 
The Parties and their Vendors, if any, warrant their compliance with 
all federal immigration laws and regulations that relate to their employees 
and their compliance with A.R.S. § 23-214; 
17.1.4.2 
A breach of a warranty under this Section 17.1.4 shall be deemed 
a material breach of this Agreement that is subject to penalties up to and 
including termination of this Agreement; 
17.1.4.3 
The Parties retains the legal right to inspect the papers of any 
contractor or Vendor employee who works on this Agreement to ensure 
that the Parties are complying with the warranty provided under 
subsections listed above and that the Parties agrees to make all papers 
and employment records of said employee(s) available during normal 
working hours in order to facilitate such an inspection; 
 
18.0 
CERTIFICATION 
REGARDING 
DEBARMENT, 
SUSPENSION 
INELIGIBILITY, 
AND 
VOLUNTARY EXCLUSION 
TCAA certifies to the best of its knowledge and belief, that it and its directors, officers, officials, 
agents, representatives, employees, and volunteers: 
18.1 
Are not presently debarred, suspended, proposed for debarment, or declared ineligible or 
voluntarily excluded from covered transactions by any federal department or agency. 
18.2 
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; 
18.3 
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  
18.4 
Have not within a three-year period had one or more public transactions (federal, state, or 
local) terminated for cause or default. 
 
19.0 
FEDERAL IMMIGRATION AND NATIONALITY ACT 
19.1 
The Parties understand and acknowledge the applicability of the Immigration Reform and 
Control Act of 1986 (IRCA). The Parties agree to comply with the IRCA in performing under 
this Agreement and to permit the other Party to inspect personnel records to verify such 
compliance. 
19.2 
By entering into this Agreement, the Parties warrant compliance with the Federal 
Immigration and Nationality Act (FINA) and all other federal immigration laws and 
regulations related to the immigration status of its employees. The Parties shall obtain

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TCAA  Agreement  
statements from their (Sub)contractors certifying compliance and shall furnish the 
statements to the other Party upon request. These warranties shall remain in effect 
through the term of this Agreement. The Parties and their (Sub)contractors shall also 
maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department 
of Labor’s Immigration and Control Act for all employees performing work under the 
Agreement. I-9 forms are available for download at USCIS.GOV. 
19.3 
The Parties may request verification of compliance for any employee or (sub)contractor 
performing work under this Agreement. Should either Party suspect or find that the other 
Party or any of its (Sub)contractors are not in compliance, then the Party may pursue all 
remedies allowed by law, including, but not limited to: suspension of work, termination of 
this Agreement for default, and suspension or debarment of the other Party. All costs 
necessary to verify compliance are the responsibility of the requesting Party. 
 
20.0 
WRITTEN CERTIFICATION UNDER A.R.S. § 35-393.01 
If TCAA engages in for-profit activity and has 10 or more employees and, if this Agreement has a 
value of $100,000 or more, then TCAA 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. 
 
21.0 
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.  
 
22.0 
ASSIGNABILITY AND SUBCONTRACTING 
No rights, liabilities, obligations, or duties under this Agreement may be assigned, delegated, or 
subcontracted, in whole or part, without the prior written approval of the County.  TCAA 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. 
 
23.0 
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. 
 
24.0 
WAIVER OF TERMS, CONDITIONS, AND DEFENSES 
The failure of either Party to insist in any one or more instances on performance of any of the 
terms and conditions of, or to exercise any rights or privileges contained in, this Agreement shall 
not be considered as waiving such terms, conditions, rights, or privileges, and they shall remain 
in full force and effect.  Nothing in this Agreement shall be construed as consent to any lawsuits 
or waiver of any defenses in a lawsuit brought against the County in any state or federal court. 
 
25.0 
ENTIRE AGREEMENT 
This Agreement contains the entire understanding of the Parties. There are no representations or 
other provisions besides those contained in either this Agreement or in any written amendments 
approved and signed by both Parties.

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TCAA  Agreement  
26.0 
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. 
 
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 
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. 
 
29.0 
AUTHORIZATION 
Each Party warrants to the other Party that the appropriate governing body of the Party has 
authorized approval and signature of this Agreement. 
 
IN WITNESS, the Parties have approved and signed this Agreement: 
FOR TEMPE COMMUNITY ACTION AGENCY: 
 
 
____________________________________  
Director; Signature and Printed Name     Date  
FOR MARICOPA COUNTY: 
 
 
_______________________________________  
Chairman, Board of Supervisors                   Date 
 
 
Attested to: 
 
____________________________________  
TCAA Clerk                                              Date 
Attested to: 
_______________________________________  
Fran McCarroll, Clerk of the Board               Date 
 
THIS AGREEMENT HAS BEEN REVIEWED BY 
THE UNDERSIGNED ATTORNEY WHO HAS 
DETERMINED THAT IT 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: 
 
By:  
 
 
_______________________________________ 
Deputy County Attorney                            Date

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TCAA  Agreement  
ATTACHMENT A