SERVICE CONTRACT WITH CAREER SUCCESS.DOCX
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SERVICE CONTRACT BETWEEN MARICOPA COUNTY BY AND THROUGH THE MARICOPA COUNTY EDUCATION SERVICE AGENCY, AND CAREER SUCCESS SCHOOLS 1.0 PARTIES 1.1 This Service Contract) is a binding agreement between Maricopa County, acting by and through the Maricopa County Education Service Agency (hereafter referred to as MCESA), and Career Success Schools (hereafter referred to as CSS). 2.0 PURPOSE 2.1 This Service Contract outlines the responsibilities of each of the parties with regard to support CSS’s Technology needs. 3.0 TERM OF AGREEMENT: 3.1 This Agreement shall become effective from and after the date of its execution. The Service Contract renews automatically on July1st of the ensuing year and expires June 30, 2017. 4.0 RESPONSIBILITIES OF MARICOPA COUNTY SERVICE AGENCY (MCESA): Maricopa County Education Service Agency (MCESA) will provide the following: 4.1 One (1/4) time, or approximately 10 hours per week, Network Administrator to support CSS’s technology needs dedicated to CSS for technology support systems as well as Technology Leadership for strategic and tactical planning. 4.1.1 Researches and analyzes future technology trends, blending them with current IS capabilities and information needs, to provide the foundation for the development of strategic directions for CSS. 4.1.2 Participates with senior management to research and prioritize specific business issues or new technologies and incorporate them with the strategic technology plan. 4.1.3 Develops IS strategies on key technologies and makes recommendations to CSS’s management regarding the adoption of a technology framework and plan. 4.1.4 Actively develops the policies, procedures and methodologies to make the strategic plan a reality. 4.1.5 Develops standards and guidelines necessary to ensure consistency in the implementation of the strategic plan. 4.1.6 Identifies opportunities to re-engineer business practices to maximize the benefits of the IS plan. 4.1.7 Acts as liaison with vendors capable of supplying the technical infrastructure to meet the business solutions, including development of requests for information on emerging technologies. 4.1.8 Serves as a key resource to CSS for information technology planning providing consultation and connections when deploying complex technologies. Functions as technical advisor on critical projects. 4.2 Network security including the maintenance of firewalls, switches, network access, DC and AD servers and proxy servers to ensure server protection of both LAN and WAN networks. 4.3 Technical resources for router, firewall, and proxy server and switch issues for all Career Success Schools and remote school locations. 4.4 Provide technical support to personnel, email accounts and servers, proxy servers, and files serves within the Career Success Schools. Provide instructional and operational software patches, upgrades, and other software installations as determined. 4.5 Ensure MCESA staff meets CSS security clearance requirements. 4.6 Conduct evaluation of Network Administrator based on feedback and satisfaction results from CSS. 4.7 Collaboratively develop a Service Level Agreement (SLA) that determines levels of support, response time, and protocols for reporting of issues. 4.8 Follow Service Level Agreement (SLA). 5.0 RESPONSIBILITIES OF CAREER SUCCESS SCHOOLS: Career Success Schools (CSS) agrees to: 5.1 Lead and participate in strategic planning discussions, attend quarterly meeting, discuss successes, improvements and overall strategic direction of CSS. 5.2 Participate in identification of areas of synergy between CSS and MCESA that will reduce cost, and increase efficiencies while providing a better end-user experience both internally and externally. 5.3 Provide appropriate access (passwords, security access, badge access) to designated MCESA personnel technical support to personnel, email accounts and servers, proxy servers, and files serves within the Career Success Schools. Provide access to all instructional and operational software patches, upgrades, etc. 5.4 Provide feedback and complete survey of satisfaction for evaluation of Network Administrator. 5.5 Ensure access to network security including the maintenance of firewalls, switches, network access, DC and AD servers and proxy servers to ensure server protection of both LAN and WAN networks 5.6 CSS will be responsible for all costs associated with, as well as retain ownership of, all Hardware and Software within CSS, and on-going maintenance costs associated to said Hardware and Software. 5.7 Collaboratively develop a Service Level Agreement (SLA) that determines levels of support, response time, and protocols for reporting of issues. 5.8 Report issues as outlined in Service Level Agreement (SLA). 7 TERMINATION 7.1 This Service Contract is subject to cancellation in accordance with the provisions of A.R.S. § 38- 511. 7.2 In the event conflict arises, the Parties agree to make every effort to reconcile conflicts and make reasonable provisions to ensure neither party will suffer as a consequence of conflict. 7.3 Either party may terminate this Service Contract any time upon delivering a written notice of termination to the other party one (1) month in advance of the requested date of termination. Such notice shall be given by personal delivery or by Registered or Certified mail. 7.4 This Service Contract may be terminated by mutual written agreement of the parties specifying the termination date therein. 8 PAYMENTS 8.1 The Maricopa County Education Service Agency will invoice CSS $1,625.00 Monthly for a one (1\4) time (approximately 10 hours per week) Network Administrator. The District agrees to pay within thirty (30) days of receiving the invoice for costs subject to this agreement. 9 AMENDMENTS: 9.1 Any changes to this Service Contract shall be carried out in accordance with the following: 9.2 A written amendment, signed by both parties, to this agreement shall be required for every standard purpose listed below and all other purposes; 9.3 For any other changes in terms and conditions of this agreement which the parties deem substantial. 10 NOTICES: Communication and details concerning this Service Contract shall be directed to the following contract representatives: Maricopa County: Career Success Schools Maricopa County ESA School District Superintendent Mr. Marc Kuffner Maricopa County Education Service Agency 4041 N. Central Ave., Suite1200 Phoenix, Arizona 85012 602-506-3866 11 EMPLOYMENT DISCLAIMER 11.1 This Service Contract 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. 11.2 The Parties agree that there will be no discrimination as to race, sex, religion, color, age, creed, or national origin in regard to obligations, work, and services performed under the terms of any contract ensuing from this engagement. The Parties will comply with Executive Order No. 11246, entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60). 12 GENERAL INDEMNIFICATION 12.1 To the extent permitted by law, 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. 13 COMPLIANCE WITH APPLICABLE LAWS 13.1 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: 13.2 Unless exempt under Federal law, both parties 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. Both parties shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended. 13.3 Both parties 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. Both parties 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. 14 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS By entering into this Service Contract, the Contractor represents and warrants compliance with the Immigration and Nationality Act (8 U.S.C. §§ 1101, et seq.) (INA) and all other federal and State immigration laws and regulations related to the immigration status of its employees. The Contractor shall obtain statements from its Subcontractors certifying compliance and shall furnish the statements to the Department upon request. These representations and warranties shall remain in effect throughout the term of this Agreement. The Contractor and its Subcontractors shall also maintain Employment Eligibility Verification forms (I-9), as required by the U.S. Department of Labor’s Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603), for all employees performing work under the Contract. I-9 forms are available for download at USCIS.GOV. The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further acknowledges: 14.1 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;and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer; 14.2 That a breach of a warranty under subsection 12.1 above, shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability; 14.3 That the County and any contracting government entity retains the legal right to inspect the papers and employment records of any Contractor or Subcontractor employee who works on this Agreement to ensure that the Contractor or Subcontractor is complying with the warranty provided under subsection 12.1 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. IN WITNESS WHEREOF, the parties hereto have executed this Service Contract on the dates written below: FOR AND ON BEHALF OF: FOR AND ON BEHALF OF: MARICOPA COUNTY: Career Success Schools: _________________________________ _________________________________ _________________________________ _________________________________ Date Date Pursuant to A.R.S. § 11-952, legal counsel has determined that this Intergovernmental Agreement is within the powers and authority granted under the laws of the State of Arizona. ______________________________ __________________________________ Attorney for Maricopa County Attorney for School District Attested to: ______________________________ Fran McCarroll, Clerk of the Board