JUMPSTART COLLABORATION AGREEMENT.PDF

COLLABORATION AGREEMENT
This non-financial Collaboration Agreement (“Agreement”) is entered into by and between Jumpstart for
Young Children, Inc., a community-based organization (“Jumpstart”) and Maricopa County, administered by
its Human Services Department Head Start program (“County” or “Center”). Jumpstart and the County are
collectively referred to as the “Parties” and individually as a “Party”. The Parties, for and in consideration of
the covenants and conditions set forth in this Agreement are entering into this Agreement to provide
language and literacy support to children.
A. PURPOSE
The purpose of this Agreement is for Head Start program children ages 3 to 5 years and families, to
receive Jumpstart literacy support through research-based developmentally appropriate curriculum
that supports children’s development in oral language, books and print knowledge, and phonological
awareness (key emergent or early literacy skills) in Head Start program classrooms.
Roles and responsibilities are outlined in Attachment A Program Partner Agreement and Attachment
B Child Abuse Prevention and Protection Policy. Both Attachments A and B are incorporated by
reference. In the event of a conflict between this Agreement and Attachment A, this Agreement
controls.
B. TERM
The term of the Agreement shall be from February 1, 2017 until June 30, 2017. The Agreement shall
become effective upon execution by all of Parties.
C. RENEWAL
This Agreement may be renewed for an additional six month period upon written agreement of the
Parties.
D. AMENDMENT
Any changes to this Agreement shall be in writing and signed by both Parties.
E. TERMINATION
This Agreement may be terminated by either Party upon thirty (30) days prior written notice to the
other party. Such termination shall be effective upon the expiration of the thirty (30) days unless
otherwise agreed to in writing by the parties.
F. CANCELLATION
This Agreement is subject to and incorporates by reference the statutory language of A.R.S. §38-511.
G. INDEMNIFICATION
To the fullest extent permitted by law, Jumpstart shall, and shall cause any of its Subcontractors to,
indemnify, defend save and hold harmless Maricopa County, any jurisdiction or agency issuing any
permits for any work arising out of this Agreement, and their respective directors, officers, officials,
agents, and employees (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 Contractor
and any of its Subcontractors, or any of the directors, officers, agents, or employees of Jumpstart and
any of its Contractors. This indemnity includes any claim or amount arising out of or recovered
under the Workers’ Compensation Law or arising out of the failure of Jumpstart 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
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indemnified by Jumpstart and any of its Subcontractors from and against any and all claims. It is
agreed that Jumpstart and any of its Subcontractors will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable.
H. INSURANCE
The Parties shall maintain insurance or funded self-insurance as follows: (i) commercial general
liability insurance coverage with minimum limits of $2,000,000 per occurrence and $4,000,000 annual
aggregate; (ii) professional liability insurance coverage with minimum limits of $1,000,000 per
occurrence and $3,000,000 annual aggregate; and (iii) workers’ compensation insurance to cover
obligations imposed by federal and state statutes applicable to the respective party’s employees
engaged in the Program, (iv) The policy shall be endorsed to include coverage for physical/sexual
abuse and molestation. Upon written request, a Party shall provide to the other Party a certificate of
insurance evidencing such insurance coverage. Each Party shall provide thirty (30) calendar days
prior written notice to the other Party of any modification or termination of required insurance.
I. RELATIONSHIP
The students, faculty, and staff of the County who participate in this program shall not be considered
as employees or volunteers of Jumpstart and agents or employees of the Jumpstart shall not be
considered employees of the County. Accordingly, employees of one Party shall not be entitled to
employee benefits normally provided to bona fide employees of the other Party. Nothing in this
Agreement or its performance except as provided in A.R.S. § 23-1022(D) shall be construed to result
in any person being the officer, agent, employee, or servant of either Party when such person, absent
this Agreement and the performance thereof, would not in law have such status.
J. NON-AVAILABILITY OF FUNDS
If any action is taken by any federal, state, local agency or any other agency or instrumentality to
suspend, decrease or terminate its fiscal obligation affecting the capacity of the County to continue
this Agreement, the County may amend, suspend, decrease or terminate its obligations under or in
connection with this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates written
below.
Maricopa County Jumpstart for Young Children, Inc.
Chairman, Board of Supervisors Title
Date: Date:
Attested to:
Fran McCarroll, Clerk of the Board Date
APPROVED AS TO FORM:
Deputy County Attorney Date
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