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Goodwill Industries Senior Community Service Employment Program Host Agency Agreement Host Agency Maricopa County As part of the Senior Community Service Employment Program (SCSEP), operated under Title V of the Older Americans Act, this Agreement is voluntarily entered into by Maricopa County , a governmental agency or a non-profit agency designated under Section 501(c)(3) of the Internal Revenue Code, (hereinafter referred to as the Host Agency), and Goodwill Industries [Goodwill of Central Arizona] (hereinafter referred to as Goodwill). The intent of this agreement is to provide useful community service assignments for low-income mature workers, in order to increase their skills and assist transition to permanent employment. The host agency agrees: To provide a safe and healthful training site, adequate orientation and training, additional training as needed, and to treat each participant as a valued partner in the host agency. To assist Goodwill in transitioning fully trained participants off of the program; and to consider participants for regular employment on its staff when vacancies occur or when new positions are created. To abide by mutually agreed to training schedules, documented through properly prepared time sheets, activity reports and periodic performance evaluations: Volunteer or overtime hours are not permitted. Participants are required to attend periodic meetings during regular working hours, and the host agency recognizes that participants will be unavailable for training during these times. To report any and all in-kind contributions accurately, documenting supervisors’ rates of pay, time spent training and providing oversight of the participant, and any other and all other records and assistance necessary to prove Goodwill’s compliance with SCSEP regulations. (See Host Agency In-kind Supervision Report and Host Agency Handbook) Sponsorship of a participant will not result in the partial or total displacement of currently employed workers; will not reduce regular hours worked, wages, or benefits; will not be used as a replacement for a position from which a person has been laid off; will not impair existing contracts or result in the substitution of Federal funds for other funds in connection with work that would otherwise be done. See Host Agency Handbook for more information on Maintenance of Effort violations. To assure that participants are not discriminated against based on age, race, color, religion, sex, national origin, disability, veteran status, political affiliation, or any other basis prohibited by law. To send a representative to a group meeting of host agency supervisors. Group meetings of host agency supervisors or designated representatives will be held annually to acquaint all concerned with the SCSEP goals and objectives. To not serve as a host agency for any other SCSEP project sponsor site while this agreement is in effect unless approved by Goodwill SCSEP Project Director. To inform Goodwill immediately if its Section 501(c) (3) certification changes. To furnish any tools, equipment, supplies and safety training, equipment or preparation required to perform the participant’s training assignment. To comply with applicable provisions of the Americans with Disabilities Act. To maintain adequate insurance covering participants while acting under the host agency’s supervision. This obligation includes the maintenance of comprehensive general liability insurance. Additionally, if participants have been authorized to drive as part of their assignments, the agency will insure that all documentation required is completed before participant is assigned to drive. This includes an agreement of continuous liability coverage ($100,000/$300,000), agency insurance information, insurance declaration Host Agency Agreement 1 of 3 Revised 4/14 for PY 14 Host Agency Agreement pages, official driving record of the participant, a copy of their valid driver’s license and any other information necessary to minimize the agency’s liability. To not hold Goodwill liable for any damages incurred in the case of a driving accident involving an assigned participant. Assure that participants are not assigned to positions that involve political activities on behalf of either partisan or non-partisan groups. To adhere to policies and responsibilities as detailed in the Goodwill SCSEP Host Agency Handbook. Goodwill agrees: To recruit, enroll, and assign a participant to the host agency for the purpose of engaging in productive community service training with duties and tasks as specified in a written description of a community service training assignment. To be responsible for all administrative and fiscal controls of the SCSEP and for paying wages and providing applicable fringe benefits, including worker’s compensation, to each participant as defined in the Goodwill SCSEP Participant Handbook. Goodwill reserves the right to reassign any participant whenever reassignment will increase opportunities for training or unsubsidized employment, will serve the best interests of the participant, or will better support the goals and objectives of the program. Host agency understands that they have no inherent right to a participant and that assignment of participants to that host agency depends upon the training needs and job goals of that participant. The host agency may terminate its participation as a host agency at any time for any reason upon notification to Goodwill. This agreement may be amended by written mutual agreement. The Parties agree to the terms of the Addendum attached hereto. In the event of conflict between the Addendum and the terms of this Host Agreement, the Addendum terms are controlling. This Host Agency Agreement is in effect from _July 1, 2014 to June 30, 2015 (Date) (Date) **PLEASE NOTE MAINTENANCE OF EFFORT VIOLATIONS: Sponsorship of a participant will not result in the partial or total displacement of currently employed workers; will not reduce regular hours worked, wages, or benefits; will not be used as a replacement for a position from which a person has been laid off; will not impair existing contracts or result in the substitution of Federal funds for other funds in connection with work that would otherwise be done. See Host Agency Handbook for more information on Maintenance of Effort violations. This organization agrees not to willingly violate any maintenance of effort. Supervisor’s Signature Host Agency Agreement 2 of 3 Revised 4/14 for PY 14 Host Agency Agreement Host Agency: (Goodwill Name) Address: Goodwill of Central Arizona County: FEIN: (Signature of Authorized Goodwill Staff) Signature: Signature: Name: Name: Stacey Van Emst Title: Title: Senior Services Supervisor Date: Date: Definition of Host Agency Status This host agency is a government agency. This host agency is a certified non-profit agency under Section 501(c) (3) of the U.S. Internal Revenue Code 501(c) (3) documentation is attached. 501(c) (3) documentation is on file with Goodwill Host Agency Agreement 3 of 3 Revised 4/14 for PY 14 Addendum to Goodwill Industries Senior Community Service Employment Program Host Agency Agreement with Maricopa County 1. Conflict of Terms: In the event there is a conflict between the terms of this Addendum and the terms of the Host Agency Agreement, the terms of this Addendum control. 2. General Liability Insurance Exception: In the event the Host Agency or sub-contractor(s) is/are a public entity, then the Insurance Policy Requirements shall not apply. Instead such public entity shall provide a Certificate of Self-Insurance equal to the levels required by Host Agreement. Goodwill will provide all workman compensation insurance. 3. Reciprocal Indemnification: 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. 4. Maricopa County is a governmental entity and therefore exempt from providing certification of 501(c) (3) status. 5. Conflict of Interest. Participation in this Agreement is subject to Section 38-511 of the Arizona Revised Statutes which provides that this Agreement may be cancelled if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the County is, at any time while this Agreement, or any extension thereof, is in effect, an employee or agent of the other party to this Agreement in any capacity or a consultant to any other party with respect to the subject matter of this Agreement. 6. Either party may terminate this agreement with 30-days written notice. Notice shall be mailed by first class mail or hand-delivered. The address for such notices is: Bruce Liggett Stacy Van Emst Director Senior Services Supervisor Maricopa County Human Services Department Goodwill of Central Arizona 234 N. Central, 3rd Floor 2626 W. Beryl Ave Phoenix, AZ 85004 Phoenix, AZ 85021 602-506-5911 602-535-4144 7. Notice of Arbitration Statutes. Pursuant to Arizona Revised Statutes Section 12-1518, the parties acknowledge and agree that they will be required to make use of mandatory arbitration of any legal action that is filed in the Arizona superior court concerning a controversy arising out of this Agreement if required by Section 12-133 of the Arizona Revised Statutes. 8. Miscellaneous. a. Neither party shall have the right to assign this Agreement without the prior written consent of the other party. b. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter. No prior or contemporaneous agreement or understanding will be effective. c. This Agreement shall be governed by the laws of Arizona, the courts of which state shall have jurisdiction over its subject matter. d. The individual signing on behalf of Host Agency hereby represents and warrants that s/he is duly authorized to execute and deliver this Agreement on behalf of Host Agency and that this Agreement is binding upon Host Agency in accordance with its terms. e. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.