MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT AGREEMENT.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
County Contract #: C-22-21-135-X-00
Contractor Contract #:
Agreement Amount: $60,000
Agreement Start Date: Upon Signature By Both Parties
Agreement Termination Date: June 30, 2023
1.0 PARTIES
This financial Intergovernmental Agreement (“Agreement”) is entered into between Maricopa
County Community College District on behalf of Rio Salado College (“Contractor”) and Maricopa
County administered by its Human Services Department, Early Education Division-Head Start
Program (collectively the “County”). The County and the Contractor shall be collectively referred
to in this Agreement as the (“Parties”) and individually as (“Party.”)
2.0 PURPOSE
2.1 The Contractor shall provide the County with training to childcare providers who require
educational qualifications as part of their contract with the Maricopa County Head Start
Zero-Five Program.
2.2 The Contractor shall work to determine if individual staff members meet the Infant/Toddler
(I/T) Child Development Associate education requirements as determined by The Council
for Professional Recognition.
2.3 The training will satisfy the Office of Head Start Program Performance Standards (45
C.F.R. § 1302.92), which requires programs to implement research-based curriculum that
is developmentally, linguistically, and culturally appropriate and that supports children’s
cognitive, social, and emotional growth.
3.0 RESPONSIBILITIES OF ORGANIZATIONS
3.1 The County shall:
3.1.1 Coordinate to connect childcare providers that require training to meet Head Start
program requirements and Contractor;
3.1.2 Provide information to Contractor on Head Start Requirements/Standards
3.1.3 Meet with Contractor to establish classes and schedules of activities;
3.1.4 Provide training materials:
3.1.4.1 Infant Toddler CDA books
3.1.4.2 Portfolio Binders
3.1.4.3 Training and technical assistance regarding Office of Head Start
3.1.4.4 Information on required Reports and Forms;
3.2 The Contractor shall be responsible for providing training/education to childcare providers who
are Early Head Start program participants. Contractor shall:
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3.2.1 Provide student Admissions & Enrollment support for students participating in the
project;
3.2.2 Provide assistance in determining funding sources for obtaining needed
coursework and/or training to include Early Childhood Education Scholarship
Specialist in obtaining Professional Career Pathways Project (PCPP) and First
Things First College Scholarships funds;
3.2.3 Provide evaluation of education transcripts to determine class credits needed to
attain Certifications and/or degrees;
3.2.4 Determine if childcare providers require additional education needed to meet the
Infant Toddler Child Development Associate (ITCDA) education requirements;
3.2.5 Develop Individual Professional Development Plan (IPDP) for each individual.
The IPDP will outline courses needed to meet national requirements. The IPDP
shall include a timeline and strategies to support each individual’s educational
goals. Establish IPDP milestones;
3.2.6 Mentor individuals as a component of retention, engagement and completion
strategies for individuals’ success in course completion and persistence to support
each individual’s educational goals;
3.2.7 Provide ongoing support, including and not limited to identifying and reducing
barriers for enrollment into needed trainings and/or coursework;
3.2.8 Provide ongoing support in tracking individuals’ progress towards meeting the
required qualifications;
3.2.9 Provide evaluation of education transcripts of Early Head Start Director(s) (a
minimum of 6) to determine the number of college credits that can be applied to
the Child & Family Organization Management & Administration Certificate of
Completion; and develop IPDP that will outline courses needed to meet the
requirements to complete the Child & Family Organization Management &
Administration course;
3.2.10 Provide evaluation of education transcripts for up to 40 teachers for the ITCDA
national requirements and/or requirements to attain an Associates in Applied
Science degree (A.A.S.) in Early Childhood;
3.2.11 Provide evaluation of education transcripts for childcare teachers and determine
classes needed to meet the requirements for obtaining an ITCDA. Provide faculty
to teach necessary courses that meet an ITCDA; and
3.2.12 Participate in regular coordination meetings with the Maricopa County Community
and Childcare Manager and Specialists.
3.3 The Contractor shall submit monthly updates on childcare providers’ progress.
4.0 TERM OF THE AGREEMENT
The term of this Agreement shall start and terminate on the dates listed on page 1 of this
Agreement. The Agreement shall become effective upon approval and signature by both Parties.
5.0 RENEWAL
This Agreement may be renewed by a written amendment, provided the Parties are in agreement
to renew the Agreement. The County shall notify the Contractor in writing of its intent to extend
the Agreement term at least thirty (30) calendar days prior to the expiration of the original contract
term, or any additional terms thereafter.
6.0 AMENDMENTS
All amendments to this Agreement shall be in writing and signed by authorized signers for both
Parties.
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7.0 TERMINATION
7.1 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 this Agreement in any capacity or a
consultant to any other party of this Agreement with respect to the subject matter of this
Agreement. Additionally, under A.R.S § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating this Agreement on behalf of the County from any other party
to this Agreement arising as the result of this Agreement.
7.2 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 County Board of
Supervisors under Section 8.0 (Availability of Funds)). The notice shall be given by either
personal delivery or registered/certified mail, postage prepaid and return receipt requested,
to the persons at the addresses set forth in Section 12.0 (Notices) of this Agreement.
7.3 This Agreement may be terminated by mutual written agreement of the Parties. The written
agreement shall specify the termination date.
7.4 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 the Contractor’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 of this Agreement stated on the page 1 of this
Agreement or expiration of any extended term described in this Section 7.0.
8.0 AVAILABILITY OF FUNDS
Should the County determine that funds are not available for continuing the services, the County
may cancel this Agreement. Performance by 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, then 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 such termination, and neither Party shall be obligated or liable for any future
performance, payments, or any damages as a result of termination under this paragraph.
9.0 FUNDING
9.1 Funding for this Agreement is provided by the Catalog of Federal Domestic Assistance
(CFDA) 93.600 - Head Start Program.
9.2 Funding shall not exceed $30,000 per fiscal year (July 1 through June 30) for the term
identified on page 1 of this Agreement.
9.3 The County will provide payment to Contractor based on each training session completed
by the Contractor.
10.0 COMPENSATION
10.1 The Contractor shall submit a request for reimbursement within 15 calendar days after
training has been provided.
10.2 All requests for reimbursements shall be submitted to: HSDFINANCE@MARICOPA.GOV
10.3 The June invoice shall be submitted no later than July 15th.
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10.4 The County shall reimburse the Contractor on a net 0 payment standard.
11.0 LOCATIONS WHERE SERVICES WILL BE PROVIDED
11.1 Early Head Start Childcare Partnership sites as identified by Head Start staff; and
11.2 Rio Salado Community College
2323 West 14th Street Tempe, AZ 85281
12.0 NOTICES
Notifications and communications concerning this Agreement shall be directed to the following:
Maricopa County Maricopa County Community College District
Human Services Department Rio Salado College
Early Education Division, Rene Manning
Head Start Program
Eve Del Real, Assistant Director 2323 West 14th Street
Tempe, AZ 85281
234 North Central Avenue, 3rd Floor
Phoenix, Arizona 85004 Phone: (480) 517-8120
Phone: (602) 372-3710 rene.manning@riosalado.edu
Eve.DelReal@maricopa.gov
13.0 EMPLOYMENT DISCLAIMER
13.1 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.
13.2 The Parties agree that no individual performing under this Agreement on behalf of the
Contractor is to be considered a County employee, and that no rights of County civil service,
County retirement, or County personnel rules shall accrue to such individual. The Contractor
shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings,
workman's compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant thereto
concerning such employees and shall save and hold the County harmless with respect
thereto.
14.0 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. The Contractor
and its agents shall safeguard the confidentiality of this information, just as they would safeguard
their own confidential information.
15.0 GENERAL INDEMNIFICATION
15.1 Each Party (as “Indemnitor”) shall be responsible for any and all claims, losses, liability,
costs, or expenses (including reasonable attorney and expert fees) (“Claims”) arising out
of bodily injury (including death) of any person or property damage, but only to the extent
that such Claims that result in vicarious/derivative liability to the Indemnitee, are caused
by the act, omission, negligence, misconduct, or other fault of the Indemnitor and its
departments, agencies, boards, commissions, officers, officials, agents, representatives,
employees, or volunteers.
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15.2 Additionally, the Contractor agrees to be responsible for all Claims either solely arising
from breach of this Agreement by the Contractor and its departments, agencies, boards,
commissions, officers, officials, agents, representatives, employees, and volunteers.
16.0 COMPLIANCE WITH APPLICABLE LAWS
16.1 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:
16.1.1 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 amended by Executive Order 2009-09, 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. Each Party shall comply with the requirements of the Fair
Labor Standards Act of 1938, as amended.
16.1.2 Each Party 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. Each Party 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 Arizonans with Disabilities Act, which
prohibits discrimination on the basis of physical or mental disabilities in the
provision of contract programs, services, and activities.
16.1.3 Each Party 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.
16.2 FEDERAL IMMIGRATION AND NATIONALITY ACT
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.
16.2.1 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. These warranties
shall remain in effect through the term of the Agreement. The Parties 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.
16.2.2 The Parties may request verification of compliance for any employee performing
work under the Agreement. Should either Party suspect or find that the other Party
is 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 (or both) of the other Party. All costs
necessary to verify compliance are the responsibility of the requesting Party.
16.3 COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401
The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges that:
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16.3.1 The Contractor and its Vendors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employment and their
compliance with A.R.S. § 23-214;
16.3.2 A breach of the warranties provided under this Section 14.1.5 shall be deemed a
material breach of this Agreement and the County may immediately terminate this
Agreement without liability; and
16.3.3 The County retains the legal right to inspect the papers and employment records
of any Contractor and Vendor employee who works on this Agreement to ensure
that the Contractor or Vendor is complying with the warranties provided under this
Section 14.1.5, and the Contractor agrees to make all papers and employment
records of such employee(s) available during normal working hours in order to
facilitate such an inspection.
16.3.4 The laws, ordinances, resolutions, executive orders, rules, regulations, standards,
and codes of the State of Arizona and Maricopa County shall govern the rights of
the Parties. Any action relating to this Agreement shall be brought in the courts of
the State of Arizona.
17.0 INSURANCE
17.1 Contractor, shall purchase and maintain the herein stipulated minimum insurance from a
company or companies duly licensed by the State of Arizona and possessing a current A.M.
Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the stipulated insurance may
be purchased from a company or companies who are authorized to do business in the State
of Arizona, provided that said insurance companies meet the approval of County. The form
of any insurance policies and forms must be acceptable to County.
17.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Agreement is satisfactorily
completed and formally accepted. Failure to do so may, at the reasonable discretion of
County, constitute a material breach of this Agreement.
17.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
17.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect coverage afforded under the
insurance policies to protect County.
17.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require Contractor to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
17.6 County reserves the right to request and to receive, within 10 working days, certified copies
of any or all of the herein required insurance certificates. County shall not be obligated to
review policies and/or endorsements or to advise Contractor of any deficiencies in such
policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed
a waiver of County’s right to insist on strict fulfillment of Contractor’s obligations under this
Agreement.
17.7 The insurance policies required by this Agreement, except Workers’ Compensation, shall
name County, its agents, representatives, officers, directors, officials and employees as
Additional Insureds.
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17.8 The policies required hereunder, except Workers’ Compensation, shall contain a waiver of
transfer of rights of recovery (subrogation) against County, its agents, representatives,
officers, directors, officials and employees for any claims arising out of Contractor’s work or
service.
17.9 The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be
primary insurance and that any insurance carried by the Department, its agents, officials,
employees or the State of Arizona shall be excess and not contributory insurance, as
provided by A.R.S. § 41-621 (E).
17.10 Coverage provided by the Contractor shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
17.11 Commercial General Liability: Commercial General Liability insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence,
$2,000,000 Products/Completed Operations Aggregate, and $4,000,000 General
Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would serve to limit third
party action over claims. There shall be no endorsement or modifications of the CGL limiting
the scope of coverage for liability arising from explosion, collapse, or underground property
damage.
17.12 Workers’ Compensation: Workers’ Compensation insurance to cover obligations imposed
by federal and state statutes having jurisdiction of Contractor’s employees engaged in the
performance of the work or services under this Agreement; and Employer’s Liability
insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each
employee, and $1,000,000 disease policy limit.
17.13 Contractor waives all rights against County and its agents, officers, directors and employees
for recovery of damages to the extent these damages are covered by the Workers’
Compensation and Employer’s Liability or commercial umbrella liability insurance obtained
by Contractor pursuant to this Agreement.
17.14 Sexual Molestation and Physical Abuse: When services involve working with children or
vulnerable adults, the insurance requirements in the Agreement need to be revised to
include coverage for "sexual molestation and physical abuse". Coverage for this type of
claim, or allegation, is excluded from standard general liability policies. Therefore,
contractors whose services include working with and/or caring for children or vulnerable
adults should have their policies specifically endorsed to include this coverage.
17.15 Commercial General Liability – Occurrence Form: Policy shall include bodily injury, property
damage and broad form contractual liability coverage.
17.16 The policy shall be endorsed to include coverage for physical/sexual abuse and molestation.
The policy shall be endorsed to include the following additional insured language: "Maricopa
County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns,
its elected officials, trustees, employees, agents, and volunteers shall be named as
additional insureds with respect to liability arising out of the activities performed by, or on
behalf of the Contractor".
Minimum Limits:
General Aggregate $4,000,000
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Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
17.17 Certificates of Insurance: Upon Agreement execution, Contractor shall furnish the County
with valid and complete certificates of insurance, or formal endorsements as required by the
Agreement, issued by Contractor’s insurer(s), as evidence that policies providing the
required coverage, conditions and limits required by this Agreement are in full force and
effect. Such certificates shall identify this Agreement number and title.
17.18 In the event any insurance policy (ies) required by this Agreement is (are) written on a
“claims made” basis, coverage shall extend for two years past completion and acceptance
of Contractor’s work or services and as evidenced by annual Certificates of Insurance.
17.19 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to
County fifteen (15) days prior to the expiration date.
17.20 Cancellation and Expiration Notice: Insurance required herein shall not be permitted to
expire, be canceled, or materially changed without thirty (30) days prior written notice to
the County.
17.21 Exceptions: In the event the Contractor is a public entity, then the Insurance Requirements
shall not apply. Such public entity shall provide a Certificate of Self-Insurance.
18.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND
VOLUNTARY EXCLUSION
The Contractor certifies that, to the best of its knowledge and belief 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 ASSIGNABILITY AND SUBCONTRACTING
No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or
subcontracted, in whole or part, without the prior written approval of the County. The Contractor
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.
20.0 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
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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.
21.0 ENTIRE AGREEMENT
This Agreement contains the entire understanding of the Parties. There are no representations
or other provisions besides those contained in this Agreement or in any written amendments
approved and signed by both Parties.
22.0 SEVERABILITY
The Parties agrees that should any part of this Agreement be held invalid or void, the remainder
of this Agreement shall remain in full force and effect and shall be binding on the Parties.
23.0 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.
24.0 AUTHORIZATION
Each Party warrants to the other Party that the appropriate governing body of the Party has
authorized approval and signature of this Agreement.
25.0 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.
26.0 WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01
If the Contractor engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the City certifies it is not currently engaging in
and agrees for the duration of this Agreement not to 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.
Signatures are contained on the following page
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IN WITNESS, the Parties have approved and signed this Agreement:
FOR AND ON BEHALF OF MARICOPA FOR AND ON BEHALF OF THE COUNTY -
COUNTY COMMUNITY COLLEGE DISTRICT MARICOPA COUNTY:
_______________________________________ _______________________________________
Ilya Smith Date Jack Sellers Date
Associate General Counsel, Sr. Chairman, Board of Supervisors
Attested to:
_______________________________________
Juanita Garza, Clerk of the Board Date
The undersigned legal counsel has reviewed this The undersigned legal counsel has reviewed this
Agreement and determined that it is in proper Agreement and determined that, in accordance
form. with A.R.S. §§ 11-201, 11-251, and 11-952, it is
in proper form and within the power and authority
granted to the County under the laws of the State
of Arizona.
By:
_____________________________________ _______________________________________
Contractor’s Attorney Date Deputy County Attorney Date
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