Workforce Development Agreement, 2022

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
TOWN OF WICKENBURG

County Contract No.;_ C-LULUIrt-y-08
Town Contract No.: ga-27
Agreement Amount: $105,052

Agreement Start Date: July 1, 2022

Agreement Termination Date: June 30, 2024

1.0

2.0

PARTIES

This financial Intergovernmental Agreement (“Agreement”) is between the Town of
Wickenburg (‘Town’) and Maricopa County (“County”) administered by its Human
Services Department, Workforce Development Division (“Department”) and pertains to
Workforce Development services. The County and the Town collectively are referred to
as the “Parties” and individually as the “Party.”

PURPOSE

22]

2.2

2.3

24

2.5

The purpose of this Agreement is to integrate County’s workforce development
system into Town's social and community services resource network, The Parties’
goal is to support workforce development activities and training efforts that will
enable the local employers to attract and retain top talent, as well as to provide
adult and youth job seekers with Workforce Innovation and Opportunity Act (WIOA)
program services (“Program’).

The integrated service delivery model will be located at the Town’s Library located
at 164 E Apache St, Wickenburg, AZ 85390 (“Town's Library’).

The County shall assign a County Workforce Development Coordinator to be
located at the Town's Library for 40 hours per week.

The services to be provided at the Town's Library will benefit Town residents by

having County staff available to meet with job seekers (Adult and Youth) and local

employers and provide WIOA activities that will improve residents’ knowledge for:

2.4.1 conducting job searches to secure stable employment;

2.4.2 exploring career opportunities;

2.4.3 improving skills necessary to enter or advance in a specific occupation or
trade; and

2.4.4 employment opportunities with local employers.

The Parties shall share the costs for funding the Program. Town shall compensate

County on a quarterly basis for Program service delivery.

2.5.1 Town shall reimburse County for a portion of the Workforce Development
Coordinator's salary. The funding amount, per fiscal year, is indicated in
the attached Itemized Service Budget, Attachment A. The Parties

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3.0

4.0

5.0

6.0

7.0

8.0

acknowledge that the Workforce Development Coordinator will remain a
County employee and will not be considered an employee of Town.

BACKGROUND

3.1 The Workforce Innovation and Opportunity Act of 2014, 28 U.S.C. § 3101, ef 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.

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RM OF AGREEMENT
The initial term of this Agreement is listed on page one of this Agreement.
This Agreement shall be effective upon approval and signature by both Parties.
The Agreement may be extended upon written agreement approved and signed
by both Parties. The Agreement may be extended as many times as is desirable,
but each extension may not exceed the duration of the previous agreement. Town
must provide notice of intent to renew (60) calendar days prior to the end of the
original or extended Agreement term, as applicable.

AAG
ETE

AMENDMENTS
Any changes to this Agreement shall be by a written amendment signed by both parties.

FUNDING
6.1 Town shall provide 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, Town shall compensate County the
following amounts:
6.2.1 For the period of July 1, 2022 through June 30, 2023, an amount not to
exceed $51,661.
6.2.2 For the period of July 1, 2023 through June 30, 2024, an amount not to
exceed $53,391.

AVAILABILITY OF FUNDS

7.4 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.

7.2 If Town is unable to provide funding to support County personnel, then County has
the right to either change the availability of, or withdraw, County staff (or both).

PAYMENTS

Subject to ongoing review and possible modifications during the term or terms of this
Agreement, Town shall pay County based on County submitting a quarterly invoice. Town
shall prepare and issue payment within 30 calendar days of receipt of the invoice, except

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for the last month of each fiscal year, regarding which Town shall submit payment by July
5th of each year. Payments shall be submitted to Maricopa County Human Services
Department Finance Unit at the address 234 North Central Avenue, Phoenix, Arizona
85004.

9.0 RESPONSIBILITIES OF ORGANIZATIONS
9.1 The County shall:

9.1.1 Assign a County Workforce Development Coordinator to act as a business
liaison, trainer, career guidance specialist, and partner with Town to
provide assistance to participants and businesses within Town 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 in collaboration with Town's
| Office of Economic Development;
| 9.1.1.7 Ensuring comprehensive services are provided to individuals, to
| include completing Human Services Department program
| applications for eligible individuals and providing referral services;
| 9.1.1.8 Focusing on adult services (25+ years), and referring youth (14-24
years), as needed to ARIZONA@WORK Maricopa County for
services;
| 9.1.1.9 Triaging participants referred from all Wickenburg workforce
| development-related resources and _ referring to the
ARIZONA@WORK Maricopa County West Valley Career Center as
needed:
9.1.1.10 Providing case management and referral services other
local workforce developmentjobs training program to ensure
individuals are receiving the support for their particular needs; and
9.1.1.11 Providing Town with reports on a semi-annual basis (i.e.,
| January and July of each year) containing the following data
| metrics:
| 9.1.1.11.1 Community Outreach Efforts;
9.1.1.11.2 Total number of Enrollments - including participants’
demographics; and
9,1.1.11.3 Summary of services provided;
9.1.1.11.3.1 Total number of Trainings provided;
9.1.1.11.3.2 Employment Outcomes; and
9.1.1.11.3.3 Number of Wickenburg Employers
engaged in services.
9.1.2 Provide computers and equipment for County staff to fulfill their duties.

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9.2 The Town shall:

9.2.1 Provide workspace at the Town's Library for County staff to provide the
services identified in this Agreement. The workspace shall be a secure
location to house all computers and equipment provided by County. The
workspace shall remain locked when not in use by County staff and
whenever the Town's Library 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, either Party may cancel this Agreement without penalty or
further obligation within three years after execution of this Agreement if any person
significantly involved in initiating, negotiating, securing, drafting, or creating this
Agreement on behalf of the County other Party is, at any time while this Agreement
or any extension of this Agreement is in effect, an employee or agent of any other
party to the Agreement in any capacity or consuitant to any other party of the
Agreement with respect to the subject matter of the Agreement. Additionally, under
AR.S § 38-511, either Party may recoup any fee or commission paid or due to any
person significantly involved in initiating, negotiating, securing, drafting, or creating
this Agreement on behalf of the Other Party from any other party to this Agreement
arising as the result of this Agreement.

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 or Town under the Availability of Funds provision). The notice shall
be given by either mail or via email to the persons listed in Section 11.0 (Notices) of
this Agreement.

10.3 This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein,

10.4 County or Town has the right to terminate this Agreement upon twenty-four (24) hour
notice when County determines that the health or welfare of the service recipients
are endangered, or County's or Town'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: senacore
County: Town of Wickenburg:
CJ Williams Stephen Erno, Town Manager

Workforce Development Assistant Director | Town of Wickenburg
Maricopa County Human Services 155 North Tegner Street, Suite A
Department Wickenburg, Arizona 85390

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Town of Wickenburg IGA

12.0

13.0

14.0

Fae 668,
234 North Central Avenue, Suite 3000 SES-6e SE iii a ca

‘a
Phoenix, Arizona 85004 f serno@wickenburgaz.org

Telephone: 602-372-2733
christopher.williams@maricopa.gov

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.

42.2 Town agrees that no individual performing under this Agreement on behalf of Town
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. Town 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 Town
shall indemnify, defend and hold harmless County with respect to the foregoing.

12.3 County agrees that no individual performing under this Agreement on behalf of
County may be considered a Town agent, employee, or representative and that no
rights of Town civil service, Town retirement, or Town personnel rules shall accrue
or apply to any such individual. County shall have total responsibility for all salaries,
wages, bonuses, retirement, withholdings, workers’ compensation, occupational
disease compensation, unemployment compensation, other employee benefits, and
all taxes and premiums appurtenant thereto concerning such individuals and County
shall indemnify, defend and hold harmless Town with respect to the foregoing.

SAFEGUARDING OF PARTICIPANT INFORMATION

The use or disclosure by either Party of any information concerning an applicant for, or
recipient of, service under this Agreement is directly limited to the conduct of this Agreement.
County and Town 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.

RECIPROCAL INDEMNIFICATION

Each Party (as “Indemnitor’) agrees to indemnify, defend, and hold harmless the other Party
and its officers, officials, employees and agents (collectively as “Indemnitee") from and
against all claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees,
expert witnesses’ fees and other litigation costs) (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 fiability to the Indemnitee, are
caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its
Officers, officials, agents, employees, or volunteers. If a claim or claims by third parties
becorne subject to this indemnity provision, the parties to this Agreement shall expeditiously
meet to discuss a common and mutual defense, including possible proportionate liability
and payment of possible litigation expenses and damages. The obligations under this
Section 14 shall survive termination of this Agreement.

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Town of Wickenburg IGA

15.0

16.0

17.0

NON-LIABILITY

County or Town including its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and commissions
shall not be liable for any act or omission by the Other or any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions occurring in the performance of this
Agreement, nor shall County or Town including its agents, representatives, officials,
officers, directors, employees, volunteers, departments, agencies, boards, and
commissions be liable for purchases or contracts made by the Other or any and all of its
agents, representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions in connection with this Agreement.

GENERAL LIABILITY INSURANCE EXCEPTION
Each Party is a public entity. For such reason, insurance policy requirements shall not
apply. Instead, each Party shall provide the other Party a Certificate of Self- Insurance
equal to:

General Aggregate $3,000,000

Each Occurrence Limit $1,000,000

COMPLIANCE WITH APPLICABLE LAWS

17.1. Each Party to this Agreement shall comply with all applicable laws, ordinances,
resolutions, executive orders, rules, regulations, standards, and codes of the
federal, state, and local governments whether specifically referenced in this

Agreement. Specifically, the following apply:

17.1.1 Unless exempt under federal law, Each Party shall comply with Title VII of
the Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act, and State Executive Order No. 75-5, as updated in State
Executive Order No. 99-4 (Executive Order No. 2009-09 superseded
Executive Order No. 99-4 and amended Executive Order No. 75-5), which
mandates that all persons, regardless of race, color, religion, sex, age,
national origin, or political affiliation, shall have equal access to
employment opportunities. The Parties shall comply with the Rehabilitation
Act of 1973, as amended, which prohibits discrimination in the employment
of qualified persons because of physical or mental disability. The Parties
shall comply with the requirements of the Fair Labor Standards Act of 1938,
as amended.

17.1.2 Each Party to this Agreement shall comply with Title VI of the Civil Rights
Act of 1964, which prohibits the denial of benefits of, or participation in,
contract services on the basis of race, color, or national origin. The Parties
shall comply with the requirements of Section 504 of the Rehabilitation Act
of 1973, as amended, which prohibits discrimination on the basis of
disability, in delivering contract services; and with Title Il 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 Each Party to this Agreement shall not discriminate upon the basis of race,
color, creed, religion, ancestry, national origin, sex, gender, sexual
orientation, gender identity, disability, age, marital status or status with
regard to the benefits of, or participation in, or use of the Programs,
services, and activities.

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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_ Each Party and their vendors, if any, warrant their compliance
with all federal immigration laws and regulations that relate to
their employees and their compliance with A.R.S. § 23-214;

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; and

17.1.4.3 Each Party retains the legal right to inspect the papers of any
contractor or (sub)contractor or vendor employee who works on
this Agreement to ensure that the other Party is complying with
the warranty provided under the subsections listed above and
that each Party agrees to make all papers and employment
records of such employee(s) available during normal working
hours in order to facilitate such an inspection;

18.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND
VOLUNTARY EXCLUSION

Each Party certifies to the best of its knowledge and belief, that it and its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions:

19.0

18.1

18.2

18.3

18.4

Are not presently debarred, suspended, proposed for debarment, or declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency.

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,

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

Have not within a three-year period had one or more public transactions (federal,
state, or local) terminated for cause or default.

FEDERAL IMMIGRATION AND NATIONALITY ACT

19.1

19.2

Each Party understands and acknowledges 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.

By entering into this Agreement, each Party warrants 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. shall obtain
statements from their (Sub)contractors certifying compliance and shall furnish the
statements to the Other upon request. These warranties shall remain in effect
through the term of this Agreement. Each Party and their (Sub)contractors shall
also maintain Employment Eligibility Verification forms (1-9) as required by the U.S.
Department of Labor's Immigration and Control Act for all employees performing
work under the Agreement. |-9 forms are available for download at USCIS.GOV.

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Town of Wickenburg |GA

20.0

21.0

22.0

23.0

24.0

25.0

26.0

19.3 Either Party 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 or any of its (Sub)contractors are not in compliance,
then the Other 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 Each Party.

WRITTEN CERTIFICATION UNDER A.R.S. § 35-393.01

\f either Party engages in for-profit activity and has 10 or more employees and, if this
Agreement has a value of $100,000 or more, then each Party 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.

ASSIGNABILITY AND SUBCONTRACTING

No rights, liabilities, obligations, or duties under this Agreement may be assigned,
delegated, or subcontracted, in whole or part, without the prior written approval of each
Party. The other Party shall bear all liability under this Agreement, even if it is assigned,
delegated, or subcontracted, in whole or in part, unless the other Party approves, in
writing, the assignment, delegation, or subcontract or agrees otherwise.

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.

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 shail 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.

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.

SURVIVAL

The indemnification, hald 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.

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.

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C-1:22-122-K-00

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.

F WICKENBURG;:

(cod

ESS, the Parties have approved and signed this Agreement:

FOR MARICOPA COUNTY:

BLO GC 15m

Date

Attested “f), 6

Bill Gates, Chairman Date
Board of Supervisors

Attested to:

Ufrofer. Nuoncte pre JUL 15 2022

Town Clerk =‘ Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 AND
11-952, THIS AGREEMENT HAS BEEN
REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED IT IS
PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO
THE TOWN OF WICKENBURG UNDER THE
LAWS OF THE STATE OF ARIZONA.

Juanita Garza, Clerk’of the/Board ob Date

IN ACCORDANCE WITH A.R:S. §§ 11-201, 11-251,
AND 11-952, THIS AGREEMENT HAS BEEN
REVIEWED BY THE UNDERSIGNED ATTORNEY
WHO HAS DETERMINED 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: Approved as to form:
hak Lo bt? Qryel! Pape EE
(= Atiompey 7” Date Deputy County Attorney Date
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Town of Wickenburg IGA

ATTACHMENT A

ITEMIZED SERVICE BUDGET
Effective Dates 7/1/2022 to 6/30/2023

CONTRACT SERVICE: Arizona@Work Workforce Development

12-Month

Town of
Agreement Cost

Town of Wickenburg shared cost is 50% of FTE MCHSD Cost Wickenburg Cost

[Total Personnel - 1 FTE @ $28.29/hr * _2088, total he $ 59,070 $ 29,535 | $ 29,535 |

[Fotat Employee Related Expenses - 'ERE = 20.06% + $1363: $ 25,481 § 12,741 | $ 12,741 |

[Total indirect Cost - 922.2% § 18,770 $ 9,385 | $ 9,385

[ Subtotal $ 103,321 $ —_—51,662| $ $1,663 |
Total Cost for 12-Month for the Town of Wickenburg|

Based on 2017 FICA, Retirement, Unemployment Compensation, Worker's Compensation, Liability Insurance,
Health/Oentai/life Insurance, and Dependent Care Assistance

? Maricopa County Indirect Rate as allowed by OMB Circular A-87 Attachment E

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Town of Wickenburg IGA

ITEMIZED SERVICE BUDGET
Effective Dates 7/1/2023 to 6/38/2024

CONTRACT SERVI rizona@Work Workforce Development

12Month

Town of Wickenburg shared cost is 50% of FTE Aarcement Cost

Town of

MCHSD Cost Wickenburg Cost

Total Personnel - 4 FTE @ $29.42/hr* 2088 tatal hr § 01423 § 30,714 | $ 30,714 |

{rotat Employee Related Expenses - 'ERE = 20.06% + $1363: $ 25,955 $ 12,977 | $ 12,977
[Total indirect Cost *22,2% $19,399 $ 9,700 | $ 9,700

_ Subtotal $ 106,783 $ 53,391 | $ 53,391

Total Cost for 12-Month for the Town of Wickenburg] $ 53,391,

" Based on 2017 FICA, Rericement, Unemployment Compensation, Worker's Compensation, Liability Insurance
Health/benrai/tife insurance, and Dependent Care Assistance

* Mancopa County Indirect Rate as allowed by OMB Circutor A-87 Attachment €

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Town of Wickenburg [GA