2023-2026 SERVICE PROVIDER MOU FINAL SIGNED.PDF

SERVICE PROVIDER MEMORANDUM OF UNDERSTANDING 
Between 
Maricopa County Workforce Development Board and 
Service Provider 
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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 (MCWDB)
iii. Maricopa County Human Services Department (" Service Provider" or
11Provider11 ) 
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, 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 as 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 MCWDB 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 the Service Provider.
E.
The MCWDB, through its service providers, is committed to providing comprehensive,
integrated, and regional workforce services within the local service area.
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.
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-

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recipients of Federal funds must follow the Uniform Guidance at 2 CFR § 200, including 
the contractual provisions in 2 CFR § 200.326 and 2 CFR § 2900. 
H.
In consideration of the recitals set forth above and incorporated by reference, the
Parties agree to the provisions contained within this document.
Ill. 
PURPOSE 
A. The purpose of the Agreement is to document the Parties' agreement that the Provider
for the WIOA Title lB Adult, Dislocated Worker, Youth, and Rapid Response services
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
"Dislocated Workers."
B.
Chief Elected Officials {CEO): the Board of Supervisors (BOS).
C.
Fiscal Agent: the CEO, or designated entity, responsible to perform accounting and fund
management for WIOA funds.
D. Grant Recipient: the CEO, 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{s) {TEGL): guidance letter{s) 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.

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V.
EFFECTIVE DATE, TERM AND TERMINATION
A. This Agreement shall be effective from the date signed by all Parties until December
31st, 2026.
B.
The Agreement may be renegotiated or terminated by either Party with three (3)
months' notice in writing to the other party. Such notice shall be given by personal
delivery or by Registered or Certified mail.
C.
This Agreement is subject to the statutory language of A.R.S. § 38-511 which is
incorporated herein by reference.
D.
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.
E.
This Agreement may be terminated by mutual written Agreement of the parties
specifying the termination date therein.
VI.
AMENDMENTS
A.
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 seekers 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 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,
initial assessments, labor exchange/job search, labor market
information, support services, AZ@WORK enrollment activities, and
referral decisions based on information obtained in the intake process.

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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 through short-term pre-vocational 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 agreement will provide services
throughout the Maricopa County local workforce area. Staff will deliver WIOA
Title 1B 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,
pre-apprenticeships, 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 the "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 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 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;

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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;
4.
are unlikely to return to their previous industry or occupation;
S.
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).
vi.
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. (20 CFR § 680.170)
B.
Follow-up Career Services
i.
Provider will provide follow-up career services, as described in WIOA §
134(c)(2)(A)(xiii) and 20 CFR § 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 20 CFR §680.230 and WIOA § 134(c)(3)(B)); and

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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 20 CFR §
680.600.
ii. Training Services available to qualified adults and dislocated workers and
employers:
a.
Occupational skills training, including training for non-traditional
employment;
b.
On-the-job training (OJT);
c.
Pre-Apprenticeships and Apprenticeships;
d.
Work experience or internship, in accordance with 20 CFR § 680.170;
e.
Incumbent worker training, in accordance with WIOA § 134{d)(4) and 20
CFR §§ 680.780,790, 800,810 and 820;
f.
Programs that combine workplace training with related instruction,
which may include cooperative education programs;
g.
Training programs operated by the private sector;
h.
Skills upgrading and retraining;
i.
Entrepreneurial training;
j.
Transitional jobs in accordance with WIOA § 134(d)(S) and§§ 680.190
and 20 CFR § 680.195;
k.
Job readiness training provided in combination with services listed in
this section;
I.
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 section;
m. Customized training conducted with a commitment by an employer or
group of employers to employ an individual upon successful completion
of the training; and
n.
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;

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b.
Announcement or notification of a mass layoff as defined in 20 CFR §
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 20 CFR § 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 following:
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 CEO 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 § 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:

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l.
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 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:
E.
Youth Services
l.
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.
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:
l. 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;

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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 provide 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,

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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.
I.
Alternative secondary school instruction or dropout recovery services
m. Activities that help youth prepare for and transition to post-secondary
education and training.
n.
Education offered concurrently with and in the same context as
workforce preparation activities and training for a specific occupation
or occupational cluster- Workforce preparation 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 §
1291(2)1).
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.
G.
Prioritization
i.
Priority Populations
a.
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.
b.
Provider shall develop relationships with other local entities that serve
these populations to ensure that they know how to refer clients to
Provider for services.
c.
Priority populations served by Provider shall be as follows:
1.
Veterans;
2.
Low-income individuals;
3.
Justice-involved or ex-offenders;
4.
Single parents;
5.
Homeless individuals;

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6.
Individuals with disabilities;
7.
Elderly individuals;
8.
Current or former youth involved in the foster care system;
9.
English language learners and basic skills deficient;
10. Long-term unemployed; and
11. Displaced homemakers.
ii.
Priority of Service Policy
a.
ARIZONA@WORK Maricopa County WIDA Adult Program funding will be
utilized strictly for the following priority populations:
1.
Recipients of Public Assistance;
2.
Individuals with Low-Incomes;
3.
Individuals who are Basic Skills Deficient;
4.
Veterans and their Eligible Spouses.
iii.
Priority Industries
a.
Provider will exercise fiscal responsibility by prioritizing funding to the
industries designated as in-demand by the MCWDB across all programs.
b.
Provider shall provide industry data to MCWDB upon request to ensure
industries being prioritized are consistent with the strategic direction of
the MCWDB.
c.
Funding for opportunities outside of those deemed in-demand will be
reserved for those whose justice-involved backgrounds and current
circumstances do not allow them the same opportunities as others.
H.
For all services provided, Provider shall determine the appropriate assessments to
administer to clients.
I.
Provider staff shall utilize family-centered and evidence based coaching practices in
working with all participants.
IX.
PERFORMANCE MEASURES
A.
Performance measurements shall be negotiated between the WDB and the State of
Arizona WIDA Administrative Entity.
B.
Provider 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. Program year performance
levels shall be effective after the WDB and Chief Elected Official approve.
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 who are participating in
Postsecondary Education during the second and fourth quarter after exit from
the program.
a.
2"' Quarter after Exit

1.
Adult
2.
Dislocated Worker
3.
Youth
b.
4th Quarter after Exit
1.
Adult
2.
Dislocated Worker
3.
Youth
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ii.
Median Earnings: The median earnings of participants who are in unsubsidized
employment during the second quarter after exit from the program.
a.
2°' Quarter after Exit
1.
Adult
2.
Dislocated Worker
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 lyear after exit from the program
1.
Adult
2.
Dislocated Worker
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

X.
SUBCONTRACTS
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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
3.
Youth
A.
Provider shall provide a quarterly report to the WDB 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 state­
mandated WIOA system), the Provider's maintained data and case management system,
and the referral system developed through the One Stop Operator to ensure a seamless
flow of services across core and title partners.
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 entering into subcontracts with
other providers.
B.
Provider shall present to the WDB 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.
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

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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 CEO determine that funds are not available for continuing these services, the
CEO 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.

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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
301 W. Jefferson St., 9th Floor, Phoenix, AZ 85003
ii.
Maricopa County Human Services Department: Assistant Director ofWDD 2
34 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 § 38; Final Rule

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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 § 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 shall be conducted on all Maricopa County
employees. The information contained in the Central Registry shall 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:
XX.
FINGERPRINTING
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.
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

C-22-17-067-3-03
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. 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.
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 their subcontractors certifying compliance and

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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 (1-9) 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.1-9 
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 be 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 § 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 § 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 § 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. § 93, and 34 CFR § 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 § 502 and 20
CFR § 683.200(f).

XXVII. 
XXVIII. 
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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,§ 105) and 114-223, and WIOA § 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.
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)

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IN WITNESS THEREOF, the Parties have signed this Agreement: 
Approved By: MARICOPA COUNTY 
WORKFORCE DEVELOPMENT BOARD 
Approved By: MARICOPA COUNTY 
Clint Hickman, Chairman, Board of Supervisors 
Date 
Date 
Approved By: MARICOPA COUNTY HUMAN SERVICES DEPARTMENT 
Jaqueline Edwards, Director 
Date 
Attested to: 
Juanita Garza, 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: 
1- 
Deputy County Attorney 
Date