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MC-ESA-Credit_W/NW 110119
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MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
2 4 1 1 W e s t 1 4 t h S t r e e t , T e m p e , A Z 8 5 2 8 1 – 6 9 4 2
EDUCATIONAL SERVICES AGREEMENT
Credit Courses (Wash)
This Educational Services Agreement for Credit Courses (Wash) (“Agreement”) is between Maricopa County
Community College District (“MCCCD”), a political subdivision of the State of Arizona for GLENDALE
COMMUNITY COLLEGE, PUBLIC SAFETY SCIENCES (“College”), and CITY OF EL MIRAGE,
ARIZONA. FOR AND ON BEHALF OF THE EL MIRAGE POLICE DEPARTMENT (“Contractor”), a/an ,
Arizona municipal, located at 10000 N EL MIRAGE, AZ 85335, for the provision of certain educational services within
the State of Arizona.
BACKGROUND
A.
Contractor is a business or non-profit organization whose primary business is described as follows: Municipal
Law Enforcement. As part of its business, but not as its primary business, Contractor provides training.
Contractor wishes to teach some of College’s courses to its:
☒ Employees
☐ Members 1
☐ Non-Members2 ☐Apprentices3
B.
Contractor and College desire to enter into a mutually beneficial agreement for the delivery of some of
College’s credit courses (“Courses”). College will provide those who successfully complete the Courses
(“Students”) with college credit under the terms specified in this Agreement.
AGREEMENT
The parties agree as follows:
1.
Duration. This Agreement will be effective on the date that authorized representatives of both parties have
signed it, and will expire FIVE YEARS FROM THE EFFECTIVE DATE unless terminated under Paragraph
5, or renewed through a written amendment issued pursuant to Paragraph 12.
2.
Responsibilities.
2.1. Standards for Instruction, Course Content and Federal Financial Aid. For purposes of accreditation, all
curriculum, coursework, and instruction is under the control of College.
2.1.1. Maintenance of MCCCD and College Standards. Contractor will provide instructors for the
Courses to be offered for College credit. The instructors directly teaching in the classroom will
at all times during this Agreement meet the standards established by MCCCD for its faculty
teaching in the same field. Please refer to MCCCD’s Faculty Minimum Hiring Qualifications
website for AJS/LET Instructor requirements: Faculty Minimum Hiring Qualifications | Tableau
Public. College will maintain records demonstrating that the instructors meet MCCCD’s and
College’s standards for faculty. Contractor will promptly advise College of any changes to an
instructor’s qualifications. College will provide regular oversight of the instruction for each
Course through on-site visits to ensure that Course delivery maintains MCCCD’s and College’s
1 See limitation in Paragraph 4.3.1.
2 See limitation in Paragraph 4.3.1.
3 Apprenticeship programs are limited to GateWay Community College.
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standards. College will award students that successfully complete a qualifying Course with
College credit, but it not obligated to award College credit where it determines that the instructor
does not meet MCCCD’s and its standards.
2.1.2. Maintenance of Course Content. College will regularly evaluate the Courses to ensure that they
meet MCCCD’s and College’s strict curriculum content standards through activities such as
review of each Course description, learning objectives, syllabus, materials, texts and other
educational resources (“Course Resources”) used for that Course. Contractor will promptly
notify College of any revisions to Course Resources so that College may determine whether the
Course will continue to meet MCCCD’s and College’s standards. College will award students
that successfully complete a qualifying Course with College credit, but it not obligated to award
College credit where it determines that the Course Resources do not meet MCCCD’s and its
standards.
2.1.3. Instructors Not Employees. Notwithstanding College’s oversight of instructor’s participation in
these activities will not alter his or her status as an employee of the Contractor or the coverage
of Contractor’s Worker’s Compensation insurance coverage for these activities of the instructor.
Instructors will not be employees of the College, and will not be entitled to any of the financial
benefits to which adjunct faculty-employees are entitled. However, instructors may participate
in training and other activities that College provides for its adjunct faculty-employees that are
entitled.
2.1.4. Title IV Financial Aid. Student in the Courses will not be entitled to Title IV federal financial
aid.
2.2. Sites. The Courses will be taught by the party identified in Paragraph 2.1.1 at College’s facilities.
Contractor can occasionally teach on GCC pre-approved off-site locations, such as contractors’ city
facilities.
2.3. Registration. College will be responsible for registering the Students for the Courses.
2.4. If Contractor is teaching the Courses, the federal Family Educational Rights and Privacy Act of 1974 as
amended (“FERPA”), applies and Contractor is required to comply with it in all respects concerning the
Students in the Courses. Contractor will not provide Student roster lists, or any Student educational
records such as grades and Social Security numbers, about those Students to any person unless the Student
expressly authorizes MCCCD or the College to disclose such information. Contractor will promptly
notify MCCCD at protectprivacy@maricopa.edu if it has reason to believe that an unauthorized disclosure
of Students’ educational records has occurred. Contractor acknowledges that MCCCD must designate it
as an “other school official” under FERPA. Contractor will limit its employees' access to the records to
those persons for whom access is essential to the performance of this Agreement. In accordance with the
FERPA, Contractor will safeguard those records from improper disclosure. Furthermore, Contractor will
not disclose those records without the prior written authorization of the Student and/or the parent of a
Student who is a minor permitting MCCCD and Contractor to release the information according to the
authorization.
2.5. If Contractor is teaching the Courses, Contractor will advise each instructor, before teaching any Course
covered by this Agreement, about the requirements of this Agreement, and particularly those set forth in
Paragraph 2.4.
2.6. If Contractor is teaching the Courses, its instructors will grade Students according to standards and
policies
of
MCCCD
and
College.
3.
Evaluation of Curriculum and Instructional Services.
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3.1.
College will re-evaluate Contractor’s curriculum and, if applicable, Instructional Services on an on-
going basis to assure that they each meet the criteria for receiving College credit. For purposes of
accreditation, all curriculum and Instructional Services are under the control of College.
3.2.
If Contractor is teaching the Courses, College has designated a person at the College to be the contact
person. That person will be the Law Enforcement Training Academy (LETA) program director or the
Public Safety Sciences Department Chair.
3.3.
If Contractor is teaching the Courses, College will provide Contractor instructors and Contractor staff,
as appropriate, with MCCCD enterprise identification and Student Information System numbers so
that they may access Canvas and the Faculty Center of MCCCD’s Student Information System for the
limited purposes of inputting student grades, withdrawals, or incompletes. Contractor instructors will
not have access to any other student education record or other Confidential Information, as defined in
Paragraph 18.
3.4.
Contractor instructors or staff will not have access to MCCCD’s technology systems beyond that
described in Paragraph 3.3
3.5.
Contractor’s
Instructional
Services
may
not
be
subcontracted.
4.
Billing for Tuition, Facilities and Instructional Services.
4.1.
Billing for Tuition, Facilities and Instructional Services. For each Student enrolled in a Course,
Contractor is financially responsible for all tuition and applicable fees according to MCCCD’s current
approved Tuition and Fee Schedule. For each Course, College is financially responsible for facilities
rental and instructional services. The parties acknowledge that the value of the tuition for the Courses
completed by Contractor employees/students is substantially equivalent to the value of the
instructional services, technology and facilities provided by Contractor. Since both parties receive a
substantially equivalent benefit under this Agreement, the parties will not exchange invoices for
tuition.
4.2.
Payments Between the Parties. Contractor or student will pay all appropriate registration fees and
course equipment fees, which includes required texts. College will invoice contractor for:
4.2.1. Current
Registration
fee
(as
of
July
1,
2024,
registration
fee
is
$15.00)
4.2.2. Course fees and books as appropriate (approximately $175 as of July 1, 2024)
5.
Termination.
5.1.
Either party may terminate this Agreement by giving a 30-day written notice of intent to terminate to
the other party. Termination will not be effective until all the Courses in process on the date the notice
is given have been completed.
5.2.
MCCCD and College may terminate this Agreement under ARS § 38-511 for a conflict of interest.
6.
Indemnification.
6.1.
Non-Public Entities. To the fullest extent permitted by law, Contractor will defend, indemnify, and
hold harmless MCCCD, its agents, officers, officials, employees, and volunteers from and against all
claims, damages, losses, and expenses (including but not limited to attorney fees and court costs)
arising from breach of a material term of this Agreement, or from negligent or intentional acts, or
omissions of the Contractor, its agents, employees, or any tier of its subcontractors in the performance
of this Agreement. If applicable, Contractor will also indemnify, defend, and hold harmless MCCCD
and its officers, officials, employees and agents against any claim (including but not limited to attorney
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fees and court costs) that their authorized use of Contractor’s services under this Agreement violates
the claimant’s property rights. The amount and type of insurance coverage requirements of this
Agreement will in no way be construed as limiting the scope of indemnification in this Paragraph. All
claims, damages, losses and expenses that arise from the operations of the Contractor as described in
this Agreement, are the sole responsibility of the Contractor and this indemnification provision shall
apply.
6.2.
Public Entities. 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 or 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.
7.
Record
and
Data
Retention,
Ownership,
Access
and
Decommissioning.
7.1. As a political subdivision of the state of Arizona, MCCCD and College are subject to applicable laws
related to the inspection and production of public records. A public record entails any record, either paper
or electronic, made by a public officer (including members of the Governing Board, faculty, staff and
administrators) and kept as a memorial of an official transaction. Pursuant to ARS § 41-151.12, MCCCD
and College must retain records according to established retention periods. Records required for ongoing
or foreseeable official proceedings such as audits, lawsuits or investigations must be retained until
released from such official proceedings. Thus, if applicable, the Contractor’s hosted system will have the
ability to:
7.1.1. Archive records according to variable time periods/life cycles;
7.1.2. Search and retrieve records based upon content;
7.1.3. Place a litigation hold on records to ensure that they are not deleted;
7.1.4. Grant direct access to MCCCD and/or College for its own search and production of records;
7.1.5. Preserve meta data;
7.1.6. Produce electronic records in their native format; and
7.1.7. Comply with the Americans with Disabilities Act.
7.2. MCCCD owns all of the records and data of which Contractor has custody on MCCCD’s and College’s
behalf. Contractor will not disclose, use, destroy, transfer or otherwise manage those records and data
except as provided in this Agreement or, if this Agreement is silent, without the express written approval
of an authorized MCCCD representative. Contractor will work with MCCCD to transfer all of MCCCD’s
and College’s records and data to MCCCD on the termination or expiration of this Agreement.
7.3. Contractor agrees to provide MCCCD and College access to records and Confidential Information that
Contractor holds or uses on behalf of MCCCD and/or College upon written request of MCCCD and/or
College with reasonable advance notice. Further, Contractor agrees to make amendments to Confidential
Information as directed by MCCCD and will maintain a record of those changes.
7.4. Contractor agrees to maintain, and provide to MCCCD and/or College if requested, a record of when and
to whom Confidential Information is disclosed.
7.5. MCCCD agrees to provide Contractor with adequate notice of any further limitations or restrictions on
the use of Confidential Information, and modifications to the amendment of records or accounting of
disclosures.
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7.6. Confidential Information of MCCCD will be returned to MCCCD or securely destroyed promptly upon
request of MCCCD without retaining any copies thereof, with any destruction confirmed in writing by
receiving Party, except to the extent copies are required by law to remain with Contractor.
8.
Insurance. Each party agrees to maintain during the term of this Agreement insurance policies described below
issued by companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona
Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an A.M. Best rating of
A-VIII or better. Before the start of the Agreement, Contractor will furnish to the college with certificates of
insurance evidencing coverage, conditions, and limits required by this Agreement at the following address to:
Maricopa Community Colleges | ATTN: Contracts Counsel
2411 W. 14th Street | Tempe, AZ 85281-6942 | or by email to: contracts.counsel@domail.maricopa.edu
The insurance policies, except Worker’s Compensation must be endorsed as required by this written
Agreement to name Maricopa Community Colleges, its agents, officers, officials, employees, and volunteers
as additional insureds with the following language or its equivalent:
Maricopa County Community College District, its agents, officers, officials, employees,
and volunteers are hereby named as additional insureds as their interest may appear.
The insurance policies shall contain a waiver of subrogation endorsement, as required by this written
Agreement, in favor of Maricopa County Community College District, its agents, officers, officials,
employees, and volunteers for losses arising from work performed by or on behalf of the Contractor.
Each insurance policy required by the insurance requirements of this contract shall provide the required
coverage and shall not be suspended, voided, or canceled except after thirty (30) days’ prior written notice has
been given to the College Representative, except when cancellation is for non-payment of premium; then ten
(10) days’ prior notice may be given. Such notice should be sent directly to College Representative. If any
insurance company refuses to provide the required notices, the Contractor or its insurance broker shall notify
the College Representative of any cancellation, suspension, or non-renewal of any insurance within seven (7)
days of receipt of insurer’s notification to that effect. The Contractor’s insurance must be primary, and any
insurance or self-insurance maintained by MCCCD will not contribute to it. If any part of the Contract is
subcontracted, these insurance requirements also apply to all subcontractors.
Any modification or variation of the insurance requirements in this Agreement shall be made by the
MCCCD Risk Management Department, whose decision shall be final. Such action will not require a
formal Agreement amendment, but may be made by administrative action.
A.
Commercial General Liability (CGL) – Occurrence Form
Policy shall include bodily injury, property damage, and broad form contractual liability coverage,
including but not limited to, the liability assumed under the indemnification provisions of this Contract.
•
General Aggregate
$2,000,000
•
Products – Completed Operations Aggregate
$1,000,000
•
Personal and Advertising Injury
$1,000,000
•
Damage to Rented Property
$50,0004
•
Each Occurrence
$1,000,000
B.
If applicable, Commercial Auto Liability insurance with a combined single limit for bodily injury
and property damage of not less than $1,000,000 each occurrence with respect to the Contractor's
owned, hired, and non-owned vehicles.
4 Limit can change depending on the type of risk.
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C.
If applicable, Worker’s Compensation insurance with limits statutorily required by an Federal or
state law 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.
9.
Nondiscrimination. The Contractor will comply with all applicable state and federal law, rules, regulations
and executive orders governing equal employment opportunity, immigration, and nondiscrimination, including
the Americans with Disabilities Act. If applicable, the Contractor will abide by the requirements of 41 CFR
§§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified
individuals based on their status as protected veterans or individuals with disabilities, and prohibit
discrimination against all individuals based on their race, age, color, religion, sex, or national origin. Moreover,
these regulations require that covered prime contractors and subcontractors take affirmative action to employ
and advance in employment individuals without regard to race, color, religion, sex, national original, protected
veteran status or disability.
10.
Disability Guidelines. If applicable to the work of the Contractor under this Agreement, Contractor warrants
that it complies with Arizona and federal disabilities laws and regulations. Contractor warrants that the
products or services to be provided under this Agreement comply with the accessibility requirements of the
Americans with Disabilities Act of 1990, as amended (42 USC § 12101 et seq.) and its implementing
regulations set forth at Title 28, CFR Parts 35 and 36, Section 508 of the Rehabilitation Act of 1973, as
amended (29 USC § 794d) and its implementing regulations set forth at Title 36, CFR Part 1194; and maintain,
if applicable, Web Content Accessibility Guidelines 2.0 at Level AA (WCAG 2.0 AA). Contractor agrees to
promptly respond to and resolve any complaint regarding accessibility of its products or services. Contractor
must provide, on request, accessibility testing results and written documentation verifying accessibility.
Contractor further agrees to indemnify and hold harmless MCCCD from any claims arising out of its failure
to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a
material breach and be grounds for termination of this Agreement.
11.
Governing Law. This Agreement will be governed by the laws of the State of Arizona. Nothing in this
Agreement waives MCCCD’s sovereign immunity.
12.
Funds Unavailable. MCCCD may terminate this Agreement, without penalty, if its Governing Board fails to
appropriate funds in subsequent fiscal years to support the program that is the subject of this Agreement.
MCCCD shall give District prompt written notice after it knows that funding will not be available.
13.
Amendment. The parties may amend this Agreement only through a written amendment signed by
representatives of each party who are authorized to sign contracts.
14.
Use of MCCCD/College Logo or Name. Contractor may only use MCCCD’s or the College’s name or logo
for the courses subject to this Agreement and only with the prior written approval of MCCCD or College.
15.
Contractor Professionalism.
15.1.
Contractor will, at all times during this Contract, provide the Services under this Agreement within the
highest standards of its profession.
15.2.
Contractor certifies and warrants that the Services it provides under this Agreement comply with all
applicable laws, regulations and policies, and with this Agreement.
16.
Independent Contractor Certification. By signing this Agreement, Contractor certifies that it is an
independent contractor. Contractor’s employees or contractors will not, at any time, be employees or
contractors of MCCCD or the College. Contractor will be solely responsible for paying all applicable taxes
and other governmental charges relating to its employees and contractors.
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17.
Legal Worker Requirements. To the extent applicable under ARS § 41-4401, Contractor verifies that it
checks the employment eligibility through the e-verify program of any employee it hires, and complies with
federal immigration laws and regulations relating to their employees. As required by ARS § 41-4401, MCCCD
advises that it is a material breach of the Agreement that is subject to penalties up to and including termination
of the Agreement; and that the law provides other rights to MCCCD to ensure compliance.
18.
Confidential Information Defined. Confidential Information is any available data or information in all forms
collected, stored, or maintained that encompasses information that is personal to our uniquely identifies
students, employees, agents or other MCCCD constituents, including but not limited to information that is
protected by law or regulation. Confidential information includes, but is not limited to, social security numbers,
student records, student financial records (regarding students, their parents, or sponsors), financial, credit,
payment card and personal information regarding MCCCD employees and students, protected health
information , and other personally identifying information. In addition, Confidential Information includes data
and other information that is proprietary to or developed by MCCCD such as institutional financial and
performance records.
19.
Obligations to Protect Confidential Information and Other Assets.
19.1.
Contractor agrees that Confidential Information provided to it or to which it may have access under
this Agreement will be used only and exclusively to support performance of this Agreement and not
for any other purpose.
19.2.
Contractor’s instructors, employees, or agents who have access to MCCCD’s network, facilities, data,
or Confidential Information (collectively, “MCCCD Assets”) may not have access until they have
received MCCCD’s privacy and security training.
19.3.
At all times during this Agreement, Contractor will maintain appropriate administrative, technical and
physical safeguards to protect the security and privacy of the Confidential Information. Contractor
will supply the appropriate MCCCD representative with copies of those policies and plans upon
request.
19.4.
Contractor will maintain personnel policies that appropriately check the backgrounds of its employees
who will be providing Services. Contractor will supply the appropriate MCCCD representative with
copies of those policies upon request.
19.5.
Contractor will inform MCCCD by sending an email to protectprivacy@maricopa.edu immediately,
and in no event later than within one (1) business day if Contractor and/or its employees, instructors,
or agent(s) have reason to believe that an actual or suspected security incident or any other
circumstance has occurred in which MCCCD may be required to perform a risk assessment and/or
provide a notification under applicable law, such as a breach. “Security incident” means the
unauthorized access to and/or misappropriation of Confidential Information. Contractor will provide
as many details as it has available in the notice about the nature of matter and will update MCCCD as
more information becomes available.
19.6.
Contractor will be financially responsible for the costs related to any security incident, breach or risk
assessment caused by the inappropriate disclosure of Confidential Information by its employees, staff,
directors or agents including but not limited to drafting and mailing of notifications; call center
services, forensic investigation services, and credit monitoring.
19.7.
If Contractor, its employees, or any tier of Contractor's agent(s) in the performance of this Agreement
maintains Confidential Information on its technology, Contractor warrants and confirms that the
maintenance of that information will meet applicable legal and industry security standards, including
qualifying for “safe harbor” rules under applicable data breach laws.
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19.8.
MCCCD owns all of the records and data of which Contractor may have custody on MCCCD’s behalf
including Confidential Information. Contractor will not disclose, use, destroy, transfer or otherwise
manage those records and data except as provided in this Agreement or, if this Agreement is silent,
without the express written approval of an authorized MCCCD representative. Contractor will work
with MCCCD to transfer all of MCCCD’s records and data to MCCCD on the termination or expiration
of this Agreement. Regarding Confidential Information, Contractor will return that information or
securely destroyed it promptly as directed by MCCCD without retaining any copies thereof, with any
destruction confirmed in writing by the Contractor, except to the extent copies are required by law to
remain with or.
19.9.
Contractor agrees to provide MCCCD access to MCCCD records and data including Confidential
Information that Contractor holds or uses on behalf of MCCCD upon written request of MCCCD with
reasonable advance notice.
19.10. Contractor agrees to maintain, and provide to MCCCD if requested, a record or when and to whom
Confidential Information is disclosed.
MCCCD
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
for its Colleges and Skill Centers
CONTRACTOR
Name of Contractor
Signature:
Signature:
Name
Title
Name J. Crystal Dyches
Title City Manager
Date:
Date:
Address:
10000 N El Mirage Rd
El Mirage, AZ 85335
Email:
cdyches@elmirageaz.gov
OTHER APPROVALS (if necessary)
Signature:
Name Sharon Antes
Title City Clerk
Date:
Approved as to form:
______________________________________________
Justin Pierce, City Attorney