REDLINED MCCCD IGA FOR TRAINING.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
Agreement #: ________________________
Agreement Amount: $30,000
Agreement Start Date: December 1, 2018
Agreement Termination Date: June 30, 2019
1.0 PARTIES
This financial Intergovernmental Agreement (“Agreement”) is entered into between Maricopa
County Community College District on behalf of 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.”
2.0 PURPOSE
The purpose of the Agreement is for Contractor to provide training to childcare providers who
require educational qualifications as a part of their contract with the Maricopa County Head Start
Zero-Five Program. The goal of the activities is to improve the quality of childcare by providing
training to childcare providers. 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.
3.0 EFFECTIVE DATE, TERM, TERMINATION
3.1 Upon agreement by the Parties, the Agreement shall be effective on December 1, 2018
and will expire on June 30, 2019.
3.2 Pursuant to A.R.S. §38-511, the County may cancel this Agreement without penalty or
further obligation within three years after execution of the Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the
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. 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 Agreement on behalf of the
County from any other party to the Agreement arising as the result of the Agreement. A
cancellation made pursuant to this provision shall be effective when either party receives
written notice of the cancellation unless the notice specifies a later time.
3.3 Either party may terminate this Agreement at any time, with sixty (60) days’ notice in
writing to the other party (unless terminated by the Board of Supervisors pursuant to the
availability of funds provision set forth in below in 6.0). Such notice shall be given by
personal delivery or by Registered or Certified mail.
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3.4 This Agreement may be terminated by mutual written agreement of the parties
specifying the termination date therein.
4.0 AGREEMENT RENEWAL
This Agreement may be extended by a written amendment for two (2) additional one (1) year
terms, or portions thereof, with the agreement of the parties.
5.0 FUNDING
The County shall reimburse the Contractor for services provided under this Agreement in
accordance with the Compensation section herein.
6.0 AVAILABILITY OF FUNDS
Should County determine that funds are not available for continuing the services; the County
may cancel this Agreement. Every performance of the parties under this Agreement is
conditioned upon the availability of funds appropriated or 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.
7.0 AMENDMENTS:
Any changes to this Agreement shall be in writing and signed by both parties.
8.0 RESPONSIBILITIES OF ORGANIZATIONS
8.1 Contractor shall be responsible for providing training/education to childcare providers
who are Early Head Start program participants. Contractor shall:
8.1.1 Provide student Admissions & Enrollment support for students participating in the
project;
8.1.2 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;
8.1.3 Provide evaluation of education transcripts to determine class credits needed to
attain Certifications and/or degrees;
8.1.4 Determine if childcare providers require additional education needed to meet the
Infant Toddler Child Development Associate (ITCDA) education requirements;
8.1.5 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;
8.1.6 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;
8.1.7 Provide ongoing support, including and not limited to identifying and reducing
barriers for enrollment into needed trainings and/or coursework;
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8.1.8 Provide ongoing support in tracking individuals’ progress towards meeting the
required qualifications;
8.1.9 Provide evaluation of education transcripts of EHS 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;
8.1.10 Provide evaluation of education transcripts for up to 40 teachers for the Infant
Toddler Child Development Associate (ITCDA) national requirements and/or
requirements to attain an Associates in Applied Science degree (A.A.S.) in Early
Childhood;
8.1.11 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
8.1.12 Participate in regular coordination meetings with the Maricopa County
Community and Childcare Manager and Specialists.
8.2 The County’s responsibilities shall be responsible to:
8.2.1 Coordinate to connect childcare providers that require training to meet Head
Start program requirements and Contractor;
8.2.2 Provide information to Contractor on Head Start Requirements/Standards
8.2.3 Meet with Contractor to establish classes and schedules of activities;
8.2.4 Provide training materials:
8.2.4.1 Infant Toddler CDA books
8.2.4.2 Portfolio Binders
8.2.4.3 Training and technical assistance regarding Office of Head Start
8.2.4.4 Information on required Reports and Forms;
8.3 Reporting Requirements
8.3.1 The Contractor shall submit the following:
8.3.1.1 Monthly updates on childcare providers’ progress;
9.0 COMPENSATION
9.1 Funding for this Agreement is provided by the Catalog of Federal Domestic Assistance
(CFDA) 93.600 Head Start and Early Head Start;
9.2 Funding for this Agreement shall not-exceed $30,000 for the period term identified on
page one of this Agreement;
9.3 The Contractor shall submit quarterly invoices by the 10th working day of the following
month;
9.4 The Contractor shall submit the final invoice no later than the 10th working day following
the end of the Agreement term;
9.5 The County shall reimburse the Contractor on a Net 10 payment standard.
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10.0 LOCATIONS WHERE SERVICES WILL BE PROVIDED
10.1 EHS Childcare Partnership sites as identified by Head Start staff; and
10.2 Rio Salado College
2323 West 14th Street Tempe, AZ 85281
11.0 NOTICES:
Communication and details concerning this Agreement shall be directed to the following
representatives:
Maricopa County Maricopa County Community College District
Human Services Department: Rio Salado College
Rene Manning
Eve Del Real, Assistant Director
2323 West 14th Street
Maricopa County Human Services Department
Tempe, AZ 85281
Early Education Division, Head Start Program
rene.manning@riosalado.edu
234 N. Central Avenue, 3rd Floor
480-517-8120
Phoenix, AZ 85004
Desk: 480-464-9669 ext. 201
Eve.DelReal@maricopa.gov
For Program Activities
Jennifer Gaulke, Community & Childcare
Partnership Manager
Early Education Division, Head Start Program
2150-1 S. Country Club Drive, Suite 7
Mesa AZ 85210
Desk: 602-372-3744
Cell: 602-565-2121
Jennifer.Gaulke@maricopa.gov
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 clients and shall save and hold the County
harmless with respect thereto.
13.0 GENERAL INDEMNIFICATION
13.1 Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other
party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"Claims") arising out of bodily injury of any person (including death) 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.
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14.0 INSURANCE
14.1 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.
14.2 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.
14.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
14.4 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.
14.5 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.
14.6 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.
14.7 The insurance policies required by this Agreement, except Workers’ Compensation, shall
name County, its agents, representatives, officers, directors, officials and employees as
Additional Insureds.
14.8 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.
14.9 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).
14.10 Coverage provided by the Contractor shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
14.11 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
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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.
14.12 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.
14.13 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.
14.14 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, 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.
14.15 Commercial General Liability – Occurrence Form: Policy shall include bodily injury,
property damage and broad form contractual liability coverage.
14.16 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
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
14.17 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.
14.18 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.
14.19 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.
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14.20 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.
14.21 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.
15.0 COMPLIANCE WITH APPLICABLE LAWS
15.1 The Contractor 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, Contractor 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. Both 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 Contractor shall comply with the
requirements of the Fair Labor Standards Act of 1938, as amended.
15.1.2 The Contractor shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits the denial of benefits of, or participation in, Agreement services on the
basis of race, color, or national origin. The Contractor 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 Agreement
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 Agreement programs, services, and activities.
15.2 The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
15.2.1 That the Contractor and 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;
15.2.2 That a breach of a warranty under subsection 15.2.1 above, shall be deemed a
material breach of this Agreement that is subject to penalties up to and including
termination of the Agreement;
15.2.3 That the County retains the legal right to inspect the papers of any contractor or
subcontractor employee who works on this Agreement to ensure that the
Contractor or its subcontractor is complying with the warranty provided under
subsection 15.2.1 above and that the Contractor agrees to make all papers and
employment records of said employee(s) available during normal working hours
in order to facilitate such an inspection;
15.2.4 That nothing herein shall make the Contractor or its subcontractor’s agents or
employees of the County.
16.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
16.1 The Contractor certifies to the best of its knowledge and belief, that it and its directors,
officers and agents:
16.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
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16.1.2 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;
16.1.3 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 paragraph 16.1.2; and
16.1.4 Have not within a three-year period had one or more public transactions
(Federal, State, or local) terminated for cause or default.
17.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
17.1 The Contractor understands and acknowledges the applicability of the Immigration Reform
and Control Act of 1986 (IRCA). The Contractor agrees to comply with the IRCA in
performing under this Agreement and to permit County inspection of personnel records to
verify such compliance.
17.2 By entering into this Agreement, the Contractor 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 Contractor shall
obtain statements from their subcontractors certifying compliance and shall furnish the
statements to the County upon request. These warranties shall remain in effect through
the term of the Agreement. The Contractor 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.
17.3 The County may request verification of compliance for any Contractor or subcontractor
performing work under the Agreement. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County 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
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
18.0 Per A.R.S. § 35-393, Contractor certifies that they are not currently engaged in, and agrees for
the duration of the Contract to not engage in a boycott of Israel.
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IN WITNESS THEREOF, the Parties have signed this Agreement:
FOR AND ON BEHALF OF: FOR AND ON BEHALF OF:
Maricopa County Community College District Maricopa County
_________________________________ ___________________________________
Ilya Smith, Associate General Counsel, Sr. Steve Chucri, Chairman of the Board
_________________________________ ___________________________________
Date Date
Attested to:
___________________________________
Fran McCarroll, Clerk of the Board
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.
APPROVE AS TO FORM: APPROVE AS TO FORM:
BY: ____________________________ BY: ____________________________
Maricopa County Community College Deputy County Attorney
District
Date:___________________________
Date:___________________________
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