UPDATED VERSION 10-31-2016 EXPERIENCEMATTERSPROGAGREEMENT.DOCX
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Intel Encore Fellow Host Organization Program Agreement Date November 3, 2016 Host Organization Name: Maricopa County Encore Fellow Name: Mitzi Smith Experience Matters (Program Operator) is a non-profit agency which places older workers in fellowships with non-profits and local governmental entities that need the assistance of experienced workers. Program Operator has approved Maricopa County (Program Participant), a political subdivision for participation in the Encore Fellowships Program. The placement will be sponsored by Intel which shall pay all funds directly to Program Operator. This letter is a legally binding agreement (Agreement) and is effective upon our receipt of an original of this Agreement, signed by an authorized representative of your organization. The following are the Terms and Conditions of this Agreement including the program reporting requirements. Please read and initial or sign where indicated. TERMS AND CONDITIONS Purpose: To support the Program Participant on the Interpreter Services – Business Analyst project as described in their application. Encore Fellow Name: Mitzi Smith Fellowship Period: November 7, 2016 – November 7, 2017 Conditions: Program Participant will (please initial): Designate a lead staff person who will be responsible for reporting and communicating with the Program Operator. Attend an Encore Fellow Program Orientation with your Encore Fellow hosted by Program Operator. Deliver a jointly authored project Statement of Work within the first 30 days of the fellowship Start Date. Provide the necessary support that allows the Encore Fellow to accomplish the goals and expected outcomes as outlined in the Statement of Work Conditions (cont.): Program Participant will (please initial): Submit Surveys and Project Report in a timely manner as outlined in the Report Schedule section of the Agreement. Attend periodic Host Organization Community of Practice meetings hosted by Program Operator to share experiences, best practices and provide feedback on the program. Notify Experience Matters when issues arise that are impeding progress towards achieving the goals outlined in the Statement of Work. Conditions: Program Operator will: • Support the project by providing match consulting, coaching, and mentoring as required. • Partner to resolve any issues that may arise during the engagement. Provide Nonprofit Education, Networking and Mentoring to the Fellow through periodic cohort meetings as well as additional opportunities. Conditions: Program Operator shall ensure that Encore Fellow executes the Maricopa County Experience Matters Encore Fellowship Program Acknowledgement Form (Attachment A) acknowledging and agreeing to the terms of this Agreement prior to commencing the Encore Fellowship. By this Agreement, Program Operator and the Program Participant agree that to be eligible for reimbursement as set forth below, the Encore Fellow shall also: • Commit to approximately 1000 hours to the Program Participant over the fellowship engagement period. • Complete the project as outlined in the Statement of Work. Adhere to all Program Participant’s policies and procedures including but not restricted to confidentiality, fingerprinting and background checks. Publicity, Name Use: All publicity (e.g., press releases, media events, etc.) will be coordinated with Experience Matters prior to release. Payment Obligations: Program Operator will: Pay $25,000 to the Encore Fellow in equal monthly installments at a rate of approximately $2,084 per month beginning in November 2016 and ending in November 2017. Report Schedule: Program Participant shall file Statement of Work Goals and Objectives updates and Narrative summaries and the final end-of- year report for the full grant period in a timely manner according to the following schedule: Report (please initial): Due Date: Statement of Work December 7, 2016 4-Month Online Survey April 7, 2017 Mid-Term Report June 7, 2017 Final Online Survey November 7, 2017 Final Report November 7, 2017 Report templates will be provided during the Encore Fellow Program Orientation session. All reports should be submitted to Gloria Aksentowitz, Match Quality Manager by email at gaksentowitz@emaz.org. Termination: This Agreement is effective November 7, 2016 through November 7, 2017. The Program Operator or the Program Participant may terminate this Agreement without cause and without intervention of the courts upon thirty (30) days written notice to the other party. If the Program Participant should breach any material provision of this Agreement, the Program Operator may terminate this Agreement if the Program Participant fails to cure such breach within thirty (30) days after receiving written notice of such breach. Indemnification: To the fullest extent permitted by law, each party shall defend, indemnify, and hold harmless the other party, its agents, representatives, officers, directors, officials, and employees for, from and against all claims, damages, losses and expenses, including, but not limited to, attorneys’ fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions or mistakes relating to the performance of this Agreement. Each party’s duty to defend, indemnify and hold harmless the other party, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, caused by any negligent acts, errors, omissions or mistakes in the party’s performance of this Agreement including any person for whose acts, errors, omissions or mistakes a party may be legally liable. Insurance: Both parties shall maintain insurance or funded self-insurance as follows: (i) commercial general liability insurance coverage with minimum limits of $1,000,000 per occurrence and $3,000,000 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. Upon written request, a party shall provide to the other party a certificate of insurance evidencing such insurance coverage. Each party shall endeavor to provide thirty (30) calendar days prior written notice to the other party of any modification or termination of required insurance. Please direct all future communications concerning this agreement to Gloria Aksentowitz, Match Quality Manager by email at gaksentowitz@emaz.org. On behalf of our staff, let me express how delighted we are to support your organization’s work. Sincerely, Name: Sally Clifford Title: Experience Matters Program Director Date: Accepted on behalf of Maricopa County AUTHORIZED SIGNATURE Name: Address: Title: Date: ATTACHMENT A MARICOPA COUNTY EXPERIENCE MATTERS ENCORE FELLOWSHIP PROGRAM ACKNOWLEDGMENT FORM By signing this form I, __________________________________________, acknowledge the following: 1. The Maricopa County Encore Fellowship Program (the “Program”) is approximately 12 months, for a minimum of 1000 hours per year (not to exceed 24 hours per week), beginning November 7, 2016 and concluding November 7, 2017. 2. I have reviewed the terms and conditions of the Intel Encore Fellow Host Organization Agreement and agree to be bound by the terms and conditions stated therein. 3. In order to successfully complete the Program, I am required to participate for the duration of the term of the Program. 4. I have been notified of where I can view Maricopa County policies. If I fail to comply with any rules, regulations, policies, or procedures of the County, such failure may result in disciplinary action, up to and including dismissal from the Program. 5. Transportation to and from the Program is my sole responsibility, and shall not be the responsibility of the County. 6. I am responsible for maintaining my own health insurance throughout the entire term of my participation in the Program. In the event I am injured while on Maricopa County property, I will immediately notify my assigned Program supervisor. I understand and agree that Maricopa County is under no obligation to provide me medical services or transportation to obtain medical services. 7. I understand I have the responsibility to act professionally and appropriately at all times while participating in the Program. If at any time I feel I am being treated unprofessionally or inappropriately, I have the right and responsibility to report this directly to the Department of Human Resources. 8. I am not an employee of the County and therefore I will not be entitled any benefits normally associated with employment with the County, such as, but not limited to, wellness programs, paid leave accrual, commuter benefits, and health, behavioral health, pharmacy, vision, dental, life, and short term disability insurance programs. Also, I will not be entitled to enroll in the Arizona State Retirement System or the County’s deferred compensation retirement plan as a result of my participation in the Program. 9. I am not entitled to any wages from the County and I will not be eligible for unemployment compensation benefits when my fellowship ends, even if the County terminates my services. 10. My fellowship is at will, terminable at any time, and participation in or completion of the Program does not entitle me to a job with the County or any of the protections afforded by A.R.S. § 11-351 et seq. (Arizona laws governing county employee merit systems) or the Maricopa County Employee Merit System. Page 5 of 6 ATTACHMENT A MARICOPA COUNTY EXPERIENCE MATTERS ENCORE FELLOWSHIP PROGRAM ACKNOWLEDGMENT FORM 11. I understand that I may be exposed to confidential information while participating in the Program and I agree to respect the confidential nature of all information whether in hardcopy or electronic form which may be revealed to me in any manner. I also agree not to remove such information via copies or by other recording means from County work locations. 12. Experience Matters and Maricopa County may exchange personal information about me, including information from resume, in connection with my placement and participation in the Program. 13. I understand that there are certain dangers, hazards and risks associated with my participation in the Program. I further understand that all risks cannot be prevented. I have considered the risks associated with participating in the Program and knowingly and voluntarily assume all said risks. On behalf of myself, and my family, heirs, assigns, and personal representatives, I hereby agree to indemnify, hold harmless, release from liability and waive any legal action against Maricopa County, its governing board, officers, agents and employees (collectively, “the Released Parties”) for any personal injury, death, or property damage I may suffer, due to any cause, including but not limited to the negligence of the Released Parties, arising out of or in any way connected to my participation in the Program or while in transit to or from the site location(s) of the Program. I understand that by signing this document I am representing that I have read and understand all of its terms and conditions and that I fully intend to be bound by the same. I also understand that I may consult with an attorney prior to signing this document. Signature: _______________________________________________ Date: ____________________ Print Name: ______________________________________________ Page 6 of 6