122220SB.DOCX

Special Meeting Minutes
Tuesday, December 22, 2020 Board Members
10:30 AM Clint Hickman, Chairman, District 4
Jack Sellers, Vice Chairman, District 1
BOARD OF SUPERVISORS Steve Chucri, District 2
Maricopa County, Arizona Bill Gates, District 3
(and the Boards of Directors of the Flood Control Steve Gallardo, District 5
District, Library District, Stadium District, Improvement
Districts, Housing Authority of Maricopa County,
Housing Authority of Maricopa County and/or Board of County Manager
Deposit) Joy Rich
Clerk of the Board
"The mission of Maricopa County is Fran McCarroll
to provide regional leadership and
fiscally responsible, necessary Meeting Location
public services to its residents so
they can enjoy living in healthy and Supervisors' Conference Room
safe communities” 301 W Jefferson, 10th Floor
Phoenix, AZ 85003
BOARD OF SUPERVISORS
The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Session
at 10:30 AM on Tuesday, December 22, 2020, in the Supervisors’ Conference Room 301 W
Jefferson, 10th Floor Phoenix, AZ 85003, with the following members present: Clint Hickman,
Chairman, District 4; Jack Sellers, Vice Chairman, District 1 (telephonically); Steve Chucri,
Supervisor, District 2 (telephonically); Bill Gates, Supervisor, District 3 (telephonically); Steve
Gallardo, Supervisor, District 5 (telephonically). Also present: Fran McCarroll, Clerk; Reid
Spaulding, Deputy County Manager; Maria Ceaglske, Minutes Coordinator; Kelly Gardiner,
Minutes Coordinator; Emily Craiger, Legal Counsel (telephonically).
ACTION
1. CARES ACT EXPENDITURE APPROVAL
Approve the following uses of CARES Act funding consistent with the Board of
Supervisors approved priorities. (C-95-20-013-X-00)
Human Resources
-Benefit costs due to COVID-19 estimated at $5,500,000
ACM D950
- Non-profit assistance to Arizona Science Center estimated at $40,000
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo
2. AGREEMENT WITH ARIZONA SCIENCE CENTER
Approve a financial Agreement between the Arizona Science Center, (“Recipient”), a
non-profit organization and Maricopa County administered by its Human Services
Department. The purpose of the Agreement is for Maricopa County to provide nonprofit
relief funds for retrofitting the Arizona Science Center (“Center”), located at 600 E
Washington Street Phoenix AZ 85004, to ensure safety measures are installed to
mitigate the spread of COVID-19 in the Center.

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The County shall provide the Recipient with a not to exceed amount of $40,000. The
funding allocation is provided by the Coronavirus Aid, Relief, and Economic Security
(CARES) Act, Public Law 116-136 funds provided to Maricopa County through the
Coronavirus Relief Funds, CFDA number 21.019.
The Agreement term shall be retroactive from March 1, 2020 through December 30,
2020. Authorization for this Agreement is through the Maricopa County Non-Profit
COVID Impacted Assistance Program.
Supervisory District: All (C-22-20-081-X-00)
Fran McCarroll, Clerk of the Board, noted she had the final form of the agreement as
approved by the County Attorney. The final document was not available when the
agenda was published and is ready for signature.
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo
A copy of the signed final document is on file with the Clerk of the Board’s Office and
retained in accordance with LAPR retention guidelines. The final approved document
is noted below:
CONTRACT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
ARIZONA SCIENCE CENTER
Contract Not-To Exceed: $40,000
Contract Start Date: March 1, 2020
Contract Termination Date: December 30, 2020
1.0 PARTIES
1.1 This Contract is a financial agreement (“Agreement”) between the
Arizona Science Center, a non-profit organization (“Recipient”), and
Maricopa County administered by its Human Services Department
(“County”).
1.2 Recipient and the County collectively are referred to in this Agreement
as the “Parties” and individually as “Party.”
1.3 Maricopa County is authorized to enter into this Agreement under
A.R.S. §§ 11-201, 11-254.04.
1.4 The Recipient submitted an application for funding to address items
identified in Section 2.0 Purpose. All rights and obligations of the
Parties shall be governed by the terms of this Agreement, its exhibits,
attachments, and appendices, including any subcontracts,
amendments, or change Orders as set forth in this Agreement.
2.0 PURPOSE
The purpose of the Agreement is to provide relief funds a nonprofit that has
been impacted by COVID-19. The Recipient shall utilize funding to retrofit the

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Arizona Science Center (“Center”), located at 600 East Washington Street,
Phoenix, Arizona 85004, to ensure safety measures are installed to mitigate
the spread of COVID-19 in the Center. The Recipient shall install the following
measures:
2.1 Retrofitting workstations with plexiglass shields;
2.2 Installing sanitizing stations;
2.3 Purchasing re-usable masks for staff;
2.4 Purchasing disposable mask for visitors;
2.5 Developing new educational exhibit about pandemics;
2.6 Hiring additional cleaning and security staff; and
2.7 Other measures directly related to the prevention of COVID-19 in the
facility.
3.0 TERM
3.1 The Agreement shall be retroactive from March 1, 2020, through
December 30, 2020.
4.0 ADMINISTRATIVE CHANGE ORDERS
4.1 The Chairman of the Board of Supervisors is authorized to make
changes upon the recommendation of the Human Services
Department Director and Legal Counsel within the general scope or
location of the Agreement on behalf of the County through
Administrative Change Orders approved and fully executed by the
Parties.
5.0 AMENDMENTS
5.1 All Amendments to this Agreement shall be in writing and signed by
authorized signers for both Parties.
6.0 TERMINATION
6.1 The Parties may mutually or unilaterally terminate or cancel this
Agreement after providing the appropriate notice, as defined in the
following subsections.
6.2 Generally, termination shall become effective after at least sixty (60)
calendar days prior written notice delivered by personal delivery or
registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth in the Notice section
of this Agreement (“General Termination Notice”).
6.3 The County has the right to terminate the Agreement upon twenty-four
(24) hour notice when the County determines that the health or welfare
of County employees or Service Recipients are endangered, or the
Recipient’s non-compliance jeopardizes funding source financial
participation. Notice under this term shall occur in the same manner as
required under Termination Notice, at Section 6.2, above.
6.4 See also, the Availability of Funds, Section 9, for additional termination
provisions.
6.5 Pursuant to A.R.S. § 38-511, the County may cancel this Agreement at
any time 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 the Agreement or any extension
of the Agreement is in effect, an employee or agent of any other party to
the Agreement in any capacity or consultant to any other party of the
Agreement with respect to the subject matter of the Agreement.

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Cancellation pursuant to A.R.S. § 35-511 is effective when written notice
from the County is received by the Recipient unless the notice specifies
a later time (“Conflict Cancellation Notice”). Notice under this term shall
occur in the same manner as required under Termination Notice, at
Section 6.2, above. Additionally, pursuant to 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 the Agreement.
6.6 If not terminated or cancelled pursuant to one of the above terms, the
Agreement shall terminate upon the expiration of the Term of this
Agreement.
7.0 FUNDING
7.1 The County shall provide the Recipient with a not to exceed amount
of $40,000. The funding allocation is provided by the Coronavirus
Aid, Relief, and Economic Security (CARES) Act, Public Law 116-
136 funds provided to Maricopa County through the Coronavirus
Relief Funds, CFDA number 21.019.
7.2 Upon execution of this Agreement, the County shall provide up to
$40,000 to the Recipient based on the receipt of eligible paid
expenditures for the items identified in Section 2.0 Purpose.
8.0 AVAILABILITY OF FUNDS
8.1 The provisions of this Agreement relating to the payment for services
shall become effective when funds assigned for compensating the
Recipient, as provided herein, are actually available to the County for
disbursement. Notwithstanding any other provision in this Agreement,
every payment obligation of the Parties under this Agreement is
conditioned upon the availability of funds appropriated and allocated for
the payment of such obligation. If funds are not appropriated, allocated
and available or if the appropriation is changed by the appropriating
body resulting in funds no longer being available for the continuance of
this agreement, this Agreement may be terminated by the affected Party
or any other affected agency of the County or State at the end of the
period for which funds are available. No liability shall accrue to the
affected Party or any other affected agency of the County or State in
the event this provision is exercised, and neither the affected Party nor
any other affected agency of the County or State shall be obligated or
liable for any future payments or for any damages due to termination
under this paragraph.
8.2 The County shall be the sole authority in determining the availability of
funds under this Agreement and the County shall keep the Recipient
fully informed as to the availability of funds.
8.3 If any action is taken by any State agency, federal department, or any
other agency or instrumentality to suspend, decrease, or terminate its
fiscal obligation under, or in connection with this Agreement, then the
County may amend, suspend, decrease, or terminate its obligations
under or in connection with this Agreement. In the event of termination,
the County 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
County shall give written notice of the effective date of any suspension,

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amendment, or termination under this section at least ten (10) calendar
days in advance.
9.0 RIGHTS IN DATA
The Parties shall have the use of all project data and reports resulting from this
Agreement without cost or other restriction, except as otherwise provided by law
or applicable regulation. Each Party shall supply to the other Party, upon request,
any available information that is relevant to this Agreement and to the
performance hereunder.
10.0 AGREEMENT COMPLIANCE MONITORING
The County shall monitor the Recipient's compliance with, and performance
under, the terms and conditions of this Agreement. On-site visits for compliance
monitoring may be made by the County and/or its grantor agencies at any time
during the Recipient's normal business hours, announced or unannounced.
During an on-site visit, the Recipient shall make all of its records and accounts
related to work performed and services provided under this Agreement available
to the County for inspection and copying.
11.0 AUDIT REQUIREMENTS
11.1 In accordance with A.R.S. § 11-624, the Recipient shall, at its own
expense, file with the County, either:
11.1.1 Audited financial statements prepared in accordance with
federal single audit requirements; or,
11.1.2 Financial statements prepared in accordance with generally
accepted accounting principles audited by an independent
certified public accountant.
12.0 NOTICES
For Maricopa County: Arizona Science Center:
Human Services Department Diana Feldman & Dean Briere,
Jacqueline Edwards, Deputy Director Co-Interim Directors
234 North Central Avenue, 3rd Floor 600 E. Washington St.
Phoenix, AZ 85004 Phoenix, AZ 85004
602-506-4812 feldmand@arizonascience.org
Jacqueline.Edwards@Maricopa.gov
13.0 RECOGNITION OF COUNTY SUPPORT
13.1 The Recipient shall give recognition to the County and the funding
source for its support when the Recipient publishes materials or
releases public information that is paid for in whole or in part with funds
supporting the services under this Agreement.
14.0 EMPLOYMENT DISCLAIMER
14.1 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 between the
Parties, and the rights and obligations of the Parties shall be only those
expressly set forth in this Agreement.
14.2 Each Party agrees that no individual performing under this Agreement
on behalf of the Party may be considered an agent, employee, or

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representative of the other Party, and that no rights reserved for a Party
shall accrue to or apply to any such individual operating on behalf of
the other Party. Each Party 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 each Party’s own agents, employees,
or representatives.
15.0 SAFEGUARDING OF PARTICIPANT INFORMATION
15.1 The Recipient shall observe and abide by all applicable State of Arizona
and federal statues, rules, and regulations regarding the use or
disclosure of information including, but not limited to, information
concerning applicants for and recipients of contracted services. To the
extent permitted by law, the Recipient shall release information to the
County, and to the Attorney’s General’s Office as required by the terms
of this Agreement, by law or upon their request.
15.2 The Recipient shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. § 41-161, et. seq. The County will advise
the Recipient as to applicable policies and procedures adopted for such
compliance.
15.3 The use or disclosure by any Party of any information concerning an
applicant for, or recipient of, services under this Agreement is directly
limited to the conduct of this Agreement. The Recipient and its agents
shall safeguard the confidentiality of this information, just as the
Recipient would safeguard its own confidential information. The
Recipient shall include a clause to this effect in all subcontracts related
to this Agreement.
16.0 INDEMNIFICATION
To the extent permitted by law, the Recipient shall, and shall cause any and all
of its boards, committees, directors, officers, officials, staff, employees,
volunteers, representatives, agents, contractors, or subcontractors to,
indemnify, defend save and hold harmless the County and any jurisdiction or
agency issuing any permits for any work arising out of this Agreement, and their
respective departments, agencies, boards, commissions, committees, officers,
officials, staff, employees, volunteers, and representatives (hereinafter referred
to as “Indemnitee”), from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs
of claim processing, investigation and litigation) (hereinafter referred to as
“Claims”) for bodily injury or personal injury (including death), or loss or damage
to tangible or intangible property caused, or alleged to be caused, in whole or
in part, by the negligent or willful acts or omissions of Recipient and any and all
of its boards, committees, directors, officers, officials, staff, employees,
volunteers, representatives, agents, contractors, or subcontractors. This
indemnity includes, but is not limited to, purchases or contracts made by
Recipient, and, any claims or amounts arising out of or recovered under the
Workers’ Compensation Law or arising out of the failure of the Recipient or any
of its Subcontractors to conform to any federal, state or local law, statute,
ordinance, rule, regulation or court decree. It is the specific intention of the
Parties that the Indemnitee shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by the Recipient and any and all of its boards, committees,
directors, officers, officials, staff, employees, volunteers, representatives,

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agents, contractors, or subcontractors from and against any and all claims. It
is agreed that the Recipient and any and all of its boards, committees, directors,
officers, officials, staff, employees, volunteers, representatives, agents,
contractors, or subcontractors will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable.
17.0 INSURANCE
17.1 The Recipient, 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 sole discretion of County, constitute a material
breach of this Agreement.
17.3 The Recipient’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. The Recipient shall be solely
responsible for the deductible and/or self-insured retention and
County, at its option, may require the Recipient to secure payment of
such deductibles or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
17.6 The County reserves the right to request and to receive, within ten (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 the Recipient of any deficiencies in
such policies and endorsements, and such receipt shall not relieve the
Recipient from, or be deemed a waiver of County’s right to insist on
strict fulfillment of the Recipient’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.
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 the Recipient’s work or service.
17.9 The Recipient’s policies shall stipulate that the insurance afforded the
Recipient shall be primary insurance and that any insurance carried by
the County, 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).

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17.10 Coverage provided by the Recipient 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
the Recipient’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 The Recipient 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 the
Recipient pursuant to this Agreement.
17.14 Sexual Molestation And Physical Abuse: When services involve
working with these groups of individuals, 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, the Recipient whose services include working with and/or
caring for children/elderly and disabled persons should have their
policies specifically endorsed to include this coverage.
17.15 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/elderly and disabled persons
should have their policies specifically endorsed to include this
coverage.
17.16 Commercial General Liability – Occurrence Form: Policy shall
include bodily injury, property damage and broad form
contractual liability coverage.
17.17 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 Recipient".
17.18 Minimum Limits:
General Aggregate
$4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation
$2,000,000

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17.19 Certificates of Insurance: Upon Agreement execution, the Recipient
shall furnish the County with valid and complete certificates of
insurance or formal endorsements as required by the Agreement,
issued by the Recipient’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.
17.20 Prior to commencing work or services under this Agreement, the
Recipient shall have insurance in effect as required by the Agreement
in the form provided by the County, issued by the Recipient’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 be made available to the County upon ten
(10) business days. BY SIGNING THE AGREEMENT PAGE, THE
RECIPIENT AGREES TO THIS REQUIREMENT AND FAILURE TO
MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF
AGREEMENT.
17.21 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 the Recipient’s work or
services and as evidenced by annual Certificates of Insurance.
17.22 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.
17.23 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.
17.24 If the Recipient provides professional or semi-professional personal
services under this agreement for which malpractice or professional
liability coverage is available, such as medical, psychiatric, or legal
services, Recipient shall carry minimum liability coverage of
$2,000,000 each occurrence and provide the County with proof of
coverage.
17.25 Subcontractors: The Recipient’s certificate(s) shall include all
subcontractors as insureds under its policies or Recipient shall furnish
to Maricopa County separate certificates for each subcontractor. All
coverages for subcontractors shall be subject to the minimum
requirements identified above.
17.26 Approval: Any modification or variation from the insurance
requirements in any Agreement must have prior approval from the
County whose decision shall be final. Such action will not require a
formal Agreement amendment, but may be made by administrative
action.
17.27 Exceptions: In the event the Recipient or subcontractor(s) is/are a
public entity, then the Insurance Requirements shall not apply. Such
public entity shall provide a Certificate of Self-Insurance.
18.0 COMPLIANCE WITH APPLICABLE LAWS
The Recipient shall comply with all applicable laws, rules, and regulations,
without limitation to those designated in this Agreement.
19.0 DRUG FREE WORKPLACE ACT
The Recipient agrees to comply with the Drug-Free Workplace Act of 1988 (41
U.S.C. §§ 701, et seq.), which requires that the Recipient and grantees of federal

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funds must certify that they will provide drug-free workplaces that comply with
federal law. This certification is a precondition to receiving a grant or entering into
this Agreement.
20.0 CLEAN AIR ACT & CLEAN WATER ACT
To the extent applicable, Recipient shall comply with all applicable standards,
orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.
1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368, et seq.) Executive
Order 11738, and Environmental Protection Agency regulations (40 C.F.R. Part
15).
21.0 RELIGIOUS ACTIVITIES
The Recipient warrants that none of its costs and none of the costs incurred by
any subcontractor will include any expense for any religious activity.
22.0 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or
the Recipient under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office.
23.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY
AND VOLUNTARY EXCLUSION
23.1 The undersigned, by signing this Agreement, represents that he/she has
the authority to bind Recipient to the terms of this Certification. The
Recipient certifies to the best of its knowledge and belief that it and its
principals:
23.1.1 Are not presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from
covered transactions by any federal department or agency;
23.1.2 Have not within a 3-year period preceding the Agreement Start
Date, been convicted of or had a civil judgment rendered against
them for (1) the 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; (2) the violation of any federal or State
antitrust statutes, or (3) the commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
23.1.3 Are not presently indicted or otherwise criminally or civilly
charged by a governmental entity (federal, State, or local) with
commission of any of the offenses enumerated in subparagraph
2 above.(b) of this certification;
23.1.4 Have not, within a 3-year period preceding this Agreement, had
one or more public transactions (federal, State, or local)
terminated for cause or default;
23.1.5 Shall immediately notify the County if, at any time during the
term of this Agreement, it is debarred, suspended, declared
ineligible, or voluntarily excluded from participation. The County
may pursue available remedies in the event of such occurrence,
including immediate termination of this Agreement; and
23.1.6 Shall not enter into a subcontract or sub-recipient agreement
with any person or organization that is debarred, suspended,
declared ineligible, or voluntarily excluded from participation.
The County may pursue available remedies in the event of such

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occurrence, including immediate termination of this Agreement
without liability.
23.1.7 The Recipient shall include, without modification, this language
of this Certification, in all agreements with sub-recipients and
other subcontractors; in all lower tier covered transactions, and
in all solicitations for lower tier covered transactions in
accordance with 45 C.F.R. Part 76.
23.1.8 If the Recipient is not able to provide this Certification, an
explanation as to why shall be immediately provided to the
County, Attention: Assistant Director Community Development
Division, at the address set forth on the Notice section of this
Agreement.
24.0 MINIMUM WAGE REQUIREMENTS
The Recipient warrants that it shall pay all its employees who are performing
work or providing services under this Agreement not less than the minimum
wage specified under Section 206(a)(1) of the Fair Labor Standards Act of
1938, as amended (29 U.S.C. §§ 201, et seq.) by law, regulation or Executive
Order 13658, or as required by Arizona law.
25.0 DISABILITY REQUIREMENTS
The Recipient agrees that any electronic or information technology offered
under this Agreement shall comply with A.R.S. §§41-2532 and 2533 and
Section 508 of the Rehabilitation Act of 1973, which requires that employees
and members of the public shall have access to and use of information
technology that is comparable to the access and use by employees and
members of the public who are not individuals with disabilities.
26.0 RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT
TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
26.1 The Parties agree that this Agreement and employees working on this
Agreement will be subject to the whistleblower rights and remedies in
the pilot program on Recipient employee whistleblower protections
established at 41 U.S.C. § 4712 by section 828 of the National Defense
Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
26.2 The Recipient shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and
protections under 41 U.S.C. § 4712, as described in Section 3.908 of
the Federal Acquisition Regulation. Documentation of such employee
notification must be kept on file by Recipient and copies provided to
County upon request; and,
26.3 The Recipient shall insert the substance of this clause, including this
paragraph (3), in all subcontracts over the simplified acquisition
threshold ($150,000 as of September 2013).
27.0 EQUAL EMPLOYMENT OPPORTUNITY
The Recipient shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, sexual
identity, gender identity, or national origin. The Recipient shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, age, disability, color, religion,
sex, sexual identity, gender identity or national origin. Such action shall include,
but is not limited to, the following: employment, upgrading, demotion or

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transfer, recruitment or recruitment advertising, lay-off or termination, rates of
pay or other forms of compensation, and selection for training, including
apprenticeship. The Recipient shall, to the extent such provisions apply,
comply with Title VI and VII of the Civil Rights Act of 1964, as amended (42
U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of 1973, as amended (29
U.S.C. §§ 701, et seq.); the Age Discrimination in Employment Act of 1967, as
amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of
1990 (42 U.S.C. §§ 12101, et seq.); and Executive Orders 11375 amending
Executive Order 11246 and implementing regulations at 41 CFR part 60, as
well as, Arizona Executive Order 99-4, which mandates that all persons shall
have equal access to employment opportunities.
28.0 DISPOSAL OF PROPERTY
Upon termination of this Agreement, any property involved shall revert back to
the owner.
29.0 RETENTION OF RECORDS
29.1 This provision applies to all financial and programmatic records,
supporting document, statistical records, and other records of the
Recipient that are related to this Agreement.
29.2 The Parties shall retain all records relevant to this Agreement for six
(6) years after expiration of the Agreement or after resolution of any
audit, whichever is longer. The County, federal, and State of Arizona
auditors, and any other persons duly authorized by the County, shall
have full access to and the right to examine, copy, and make use of
any and all of the records.
30.0 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Subrecipient agrees to comply with all
applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM
ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200,
et seq. The Recipient is not considered a subrecipient of this federal funding
but a contractor, as the County has full oversight responsibility over the
Recipient grantee.
31.0 IMMIGRATION LAWS AND REGULATIONS
31.1 Federal Immigration and Nationality Act
31.1.1 The Parties understand and acknowledge the applicability of
the Immigration Reform and Control Act of 1986 (IRCA). The
Parties agree to comply with the IRCA in performing under this
Agreement and to permit the other Party to inspect personnel
records to verify such compliance.
31.1.2 By entering into this Agreement, both Parties warrant
compliance with the Federal Immigration and Nationality Act
(FINA) and all other Federal immigration laws and regulations
related to the immigration status of its employees. Both Parties
shall obtain statements from their subcontractors certifying
compliance and shall furnish the statements to the
Procurement Officer upon request. These warranties shall
remain in effect through the term of the Agreement. Both
Parties and their subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by
the U.S. Department of Labor’s Immigration and Control Act

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Tuesday, December 22, 2020
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for all employees performing work under the Agreement. I-9
forms are available for download at USCIS.GOV.
31.1.3 The Parties may request verification of compliance for any
employee or subcontractor performing work under the
Agreement. Should either Party suspect or find that the other
Party or any of its subcontractors are not in compliance, then
the Party 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 other Party. All costs necessary to verify compliance are
the responsibility of the Recipient or its subcontractor.
31.2 Arizona Law: The Recipient warrants that it is in compliance with
A.R.S. § 41-4401 (e-verify requirements) and further acknowledges:
31.2.1 That the Recipient and its 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;
31.2.2 That a breach of a warranty under subsection 1 above, shall
be deemed a material breach of this Agreement and the
County may immediately terminate this Agreement without
liability;
31.3 That the County and any contracting government entity retains the
legal right to inspect the papers and employment records of any
Recipient or vendor’s employee who works on this Agreement to
ensure that the Recipient or vendor is complying with the warranty
provided under subsection 1 above and that the Recipient agrees to
make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an
inspection.
32.0 SURVIVAL
The indemnification, hold harmless, and defense provisions of this Agreement
shall have full force and effect notwithstanding any other provisions of this
Agreement and shall survive the termination or expiration of this Agreement.
33.0 SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal
by a court shall in no way affect, impair or invalidate any other provision hereof,
and the remaining provisions shall remain in full force and effect.
34.0 GOVERNING LAW
This Agreement is governed by the laws of the state of Arizona. Venue for any
actions or lawsuits involving this Agreement will be in Maricopa County
Superior Court or in the United States District Court for the District of Arizona,
sitting in Phoenix, Arizona.
IN WITNESS, the undersigned Parties warrant they are authorized to execute this
Agreement on behalf of each Party and that this Agreement is therefore binding on
Parties:

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Tuesday, December 22, 2020
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APPROVED BY: APPROVED BY:
Arizona Science Center MARICOPA COUNTY
/s/ Authorized Signature Date
/s/ Chairman, Board of Supervisors Date
Attested To:
/s/ Clerk of the Board Date
This Agreement has been reviewed by
the undersigned Attorney who has
determined that is proper in form and
within the power and authority granted
under the laws of the State of Arizona.
By:
/s/ Deputy County Attorney Date
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
______________________________
Clint Hickman, Chairman of the Board
ATTEST:
____________________________
Fran McCarroll, Clerk of the Board