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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT County Contract #: ________________________ Contractor Contract #: ___________________________ Agreement Amount: $30,000 USD Agreement Start Date: December 11, 2019 Agreement Termination Date: June 30, 2022 1.0 PARTIES This Financial Intergovernmental Agreement (“Agreement”) is entered into between Maricopa County Community College District for Rio Salado College (hereafter collectively referred to as “Contractor”) and Maricopa County administered by its Human Services Department, (collectively referred to as the “County”) The County and the Contractor shall be collectively referred to herein as the “Parties” and individually as “Party.” The County and the Contractor are authorized to enter into this Agreement under A.R.S. § 11-952 et seq. 2.0 PURPOSE 2.1 The purpose of this Agreement is to establish a relationship with Maricopa County Community College District through the Rio Salado Community College’s Testing Center to provide proctoring services to Adult and Youth participants, referred by the County’s ARIZONA @ WORK – Maricopa County program. 2.2 The County will provide payment to Contractor based on each proctoring visit made by referred clients. 3.0 BACKGROUND 3.1 The Workforce Innovation and Opportunity Act (WIOA) of 2014, 29 U.S.C. § 3101, et seq., Public Law 113-128 was signed into law on July 22, 2014 and became effective on July 1, 2015. WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. 3.2 Maricopa County is designated as a Local Workforce Development Area (LWDA) under the federal WIOA program. The County operates two (2) comprehensive Workforce Development One Stop Career Centers (Centers) and designated Youth Hubs. (Exhibit A) The Centers provide employment-related services to job seekers and employers in Maricopa County, in accordance with the WIOA program regulations. 3.3 The ARIZONA @ WORK – Maricopa County is administered by the Human Services Department, Workforce Development Division. 4.0 TERM OF AGREEMENT 4.1 The initial term of this Agreement is December 11, 2019 to June 30, 2022. 4.2 This Agreement shall be effective upon approval and signature by the Parties. 4.3 The Agreement may be extended for two (2), additional three (3) year terms, upon acceptance and approval by the Parties. The County must provide to Contractor written notice of its intent to extend the term of the Agreement (60) days prior to the end of the term. Page 1 of 8 Maricopa County Community College District – Proctoring 5.0 AMENDMENTS 5.1 Any changes to this Agreement shall be carried out in accordance with the following: 5.1.1 A written amendment, signed by both Parties to this Agreement shall be required for every standard purpose as outlined in this Agreement; 5.1.2 Whenever the agreement period is lengthened and/or shortened, as stated in 4.3; 5.1.3 For any other changes in terms and conditions of this Agreement, which the Parties deem substantial. 6.0 FUNDING 6.1 Funding for this Agreement is provided by the Catalog of Federal Domestic Assistance (CFDA): 6.1.1.1 Adult Worker – 17.258 6.1.1.2 Dislocated Worker – 17.278 6.1.1.3 Youth Program – 17.259 6.2 Funding for this Agreement shall not exceed $10,000 per fiscal year (July 1 through June 30) for the period term identified on page one of this Agreement; 6.3 The Contractor shall submit monthly invoices by the 10th working day of the following month; 6.3.1 Payments to be submitted via email to HSDFinance@maricopa.gov 6.4 The Contractor shall submit an invoice for each fiscal year no later than July 15th; 6.5 The County shall reimburse the Contractor on a net 0 payment standard. 7.0 AVAILABILITY OF FUNDS 7.1 Should the County determine that funds are not available for continuing these services; the County 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. 7.2 In the event of termination of this Agreement due to unavailability of funds, all outstanding payments due Contractor (for completed performance under this Agreement) shall be paid within ten (10) days of the termination date of the Agreement. 8.0 PROGRAM SERVICE INTENT 8.1 The Contractor shall provide proctor services at the identified testing center facilities “Attachment A”, which will benefit the County and WIOA participants which will: 8.1.1 enable participants to access academic placement and basic-skills assessment for WIOA enrollment Tests of Adult Basic Education (TABE) as required; and 8.1.1.1 Test of Adult Basic Education consists of the following basic skill assessment units: 8.1.1.1.1 Math 8.1.1.1.2 Reading 8.1.1.1.3 Language Mechanics 8.1.1.1.4 Language 8.1.2 assist the County staff in determining participants’ eligibility in training and employment opportunities. 8.2 An assessed proctoring and exam fee of $25 will be based on each visit made by referred clients. 9.0 RESPONSIBILITIES OF ORGANIZATIONS 9.1 The County shall: Page 2 of 8 Maricopa County Community College District – Proctoring 9.1.1 Refer program participants to the Rio Salado Testing Centers to obtain TABE exams and proctoring service. 9.2 The Contractor shall: 9.2.1 Provide TABE exam administration and proctoring services to participants referred from County; 9.2.2 Provide documentation of exam results to participants as both a printout and via secure email; 9.2.3 Provide documentation of exam results to designated County staff via secure email, upon Contractor receiving written consent from the participants for such disclosure; 9.2.4 Provide an aggregate monthly report documenting: 9.2.4.1 Name of Client; 9.2.4.2 AJC ID; 9.2.4.3 Name of Proctored Exam; 9.2.4.4 Date of Proctored Exam; 9.2.4.5 Testing Center site where exam was proctored; 9.2.4.6 Total number of exams proctored; 9.2.5 Develop and implement a secure reporting system to manage, track and store client’s exam scores. 10.0 TERMINATION 10.1 Pursuant to A.R.S. §38-511, either Party may cancel this Agreement without penalty or further obligation within three (3) years after execution of the contract. If any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract 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 Contractor or consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 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 the contract on behalf of the County from any other party to the contract arising as the result of the Agreement. 10.2 Either Party may terminate this agreement at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by the Board of Supervisors under the Availability of Funds provision). The notice shall be given by personal delivery or by registered or certified mail, postage prepaid and return receipts requested, to the person(s) at the address(es) set forth on the Notice section of this Agreement. 10.3 This Agreement may also be terminated by mutual written agreement of the Parties specifying the termination date therein. 10.4 The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the County determines that the health or welfare of the service recipients are endangered or the Contractor’s non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, this agreement shall terminate upon the expiration of the term of this Agreement stated on the cover page of this Agreement. 11.0 NOTICES Notifications and communications concerning this Agreement shall be directed to the following: Maricopa County: Thomas Colombo, Assistant Director Page 3 of 8 Maricopa County Community College District – Proctoring Workforce Development Maricopa County Human Services Department 234 N Central Avenue, Suite 3000 Phoenix, AZ 85004 Telephone: 602-372-2733 Email: Tom.Colombo@maricopa.gov Maricopa County Community College District: Diana M. Piñon, Student Services Director Rio Salado College 2323 West 14th Street Tempe, AZ 85281 Telephone: 480-517-8570 Email: diana.pinon@riosalado.edu 12.0 EMPLOYMENT DISCLAIMER 12.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership or other formal business association or organization of any kind, and the rights and obligations of the parties shall be only those expressly set forth in this Agreement. 12.2 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. 13.0 SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by either Party of any information concerning an applicant for, or recipient of, service under this Agreement is directly limited to the conduct of this Agreement. The Contractor and its agents shall safeguard the confidentiality of this information, just as it would safeguard its own confidential information. 14.0 GENERAL INDEMNIFICATION Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees) (hereinafter collectively referred to as “Claims”) arising out of bodily injury (including death) of any person or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 15.0 COMPLIANCE WITH APPLICABLE LAWS 15.1 Each Party 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. Specifically, the following apply: 15.1.1 Unless exempt under Federal law, each Party shall comply with Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and State Executive Order No. 75-5, as updated in State Executive Order No. 99-4, 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 Page 4 of 8 Maricopa County Community College District – Proctoring 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 15.1.2 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 Arizona Disability Act, which prohibits discrimination on the basis of physical or mental disabilities in the provision of contract programs, services, and activities. 15.1.3 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. 15.1.4 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges that: 15.1.4.1 Its subcontractors, 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, subsection A; 15.1.4.2 A breach of a warranty under sections listed above, shall be deemed a material breach of this Agreement that is subject to penalties up to and including termination of the Agreement; 15.1.4.3 The contracting Party retains the legal right to inspect the papers of any contractor or subcontractor employee who works on this Agreement to ensure that the Parties are complying with the warranty provided under subsections listed above and that the Parties agrees to make all papers and employment records of said employee(s) available during normal working hours in order to facilitate such an inspection; 15.1.4.4 That nothing herein shall make the Contractor or its agents or employees of the County. 16.0 INSURANCE 16.1 County and District acknowledge and agree that the Parties to this Agreement are each self- insured. During the entire time that this Agreement is in force, each Party, at its sole cost and expense, shall carry and maintain Commercial General Liability, Worker’s Compensation insurance, Property, and Sexual Molestation/Physical Abuse Insurance coverages. 17.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief, that it and its directors, officers and agents: 17.1 Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. 17.2 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, Page 5 of 8 Maricopa County Community College District – Proctoring forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 17.3 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 17.4 Have not within a three-year period had one or more public transactions (Federal, State, or local) terminated for cause or default. 18.0 FEDERAL IMMIGRATION AND NATIONALITY ACT 18.1 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. 18.2 By entering into this Agreement, the Parties warrant compliance with the Federal Immigration and Nationality Act (FINA) and all other Federal immigration laws and regulations related to the immigration status of its employees. The Parties shall obtain 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. The 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 for all employees performing work under the Agreement. I-9 forms are available for download at USCIS.GOV. 18.3 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 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 requesting Party. [Section Intentionally Left Blank] Page 6 of 8 Maricopa County Community College District – Proctoring IN WITNESS THEREOF, the Parties have signed this Agreement: FOR AND ON BEHALF OF CONTRACTOR FOR MARICOPA COUNTY: Maricopa County Community College District: ___________________________________ ___________________________________ Date Chairman, Board of Supervisors Date Attested to: ______________________________________ Fran McCarroll, Clerk of the Board Date The undersigned legal counsel has reviewed this Agreement and have determined that it is in proper form and within the power and authority granted under the laws of the State of Arizona. _____________________________________ By: _______________________________________ Contractor Attorney Date Deputy County Attorney Date Page 7 of 8 Maricopa County Community College District – Proctoring ATTACHMENT A Rio Salado College Testing Locations Page 8 of 8 Maricopa County Community College District – Proctoring