IGA RE WITH MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT WORKFORCE 2 YOU.PDF
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Page 1 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT Agreement Number:_______________ Agreement Amount: $500,000 Agreement Start Date: December 1, 2024 Agreement Termination Date: September 30, 2025 UEI No.: L2V3TUBLQR27 1.0 PARTIES This financial Intergovernmental Agreement (“Agreement”) is between the Maricopa County Community College District (“Contractor”) and Maricopa County (“County”) administered by its Human Services Department, (Department). The County and the Contractor collectively are referred to as the “Parties” and individually as the “Party.” 2.0 PURPOSE The purpose of the Agreement is for the Contractor to provide training programs for Maricopa County youth and adult job seekers in rural communities of Gila Bend, Wickenburg, Queen Creek, and surrounding areas for the County’s Workforce 2 You Program (“Program”). The Program is intended to improve access to training programs that provide participants industry recognized credentials upon completion. Program components include in-person training, supported testing if required for credentialing, and direct coordination with County staff for career placement post-completion of the Program. The Contractor shall perform additional duties and detail financial costs stated in Exhibit A. 3.0 TERM OF AGREEMENT 3.1 The term of this Agreement is from December 1, 2024, through September 30, 2025. 3.2 This Agreement shall be effective upon approval and signature by both Parties. 4.0 AMENDMENTS Any changes to this Agreement shall be effective only in a written amendment signed by both Parties. 5.0 TERMINATION 5.1 The Parties may cancel this Agreement without penalty or further obligation, under A.R.S. § 38-511. Either Party may terminate this Agreement at any time by giving the other Party at least thirty (30) calendar days prior notice in writing (unless terminated by a Party under the Availability of Funds provision). Either Party may terminate for convenience by providing 30 calendar days advance notice. 5.2 This Agreement will terminate upon the expiration of the Termination Date as stated on page 1 of this Agreement, if not terminated by one of the methods listed below. 5.3 The County has the right to terminate this Agreement upon twenty-four (24) hour notice: Page 2 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 5.3.1 when it deems the health or welfare of the service recipients are endangered, or 5.3.2 when the other Party’s noncompliance jeopardizes funding source financial participation. 5.4 In accordance with 2 C.F.R. §§ 200, et seq., the County may suspend or terminate this Agreement: 5.4.1 if the Contractor violates any material term or condition of this Agreement, 5.4.2 if the Contractor fails to maintain a good-faith effort to carry out the purpose of this Agreement, 5.5 The Party initiating the termination shall notify the other Parties in writing stating the reasons for such termination. The Parties shall agree upon the termination conditions including the effective date of the termination. 5.5.1 a cancellation notice shall be effective when the recipient receives a written notice of cancellation unless the notice specifies a later date. 5.5.2 the notice shall be given by either personal delivery or registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth in the Notices paragraph of this Agreement. 6.0 ADMINISTRATIVE CHANGE ORDERS 6.1 The Chairman of the Board of Supervisors is authorized upon the recommendation of the Human Services Department Director and Legal Counsel, to review and execute administrative changes to the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders will be effective upon execution by both the Parties. Administrative Change Orders shall address any of the following changes: 6.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 6.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 6.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 6.1.4 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by federal, state or local regulations, policies, or requirements. 7.0 FUNDING The Maricopa County Human Services Department Workforce Development Division (WDD) Workforce 2 You Program is administering this Program with funds provided by the State of Arizona, Governor’s Office of Youth, Faith and Family, Workforce Innovation Opportunity Act (“WIOA”) Grant Program - Grant No. GR-WIOA-GOYFF-100123-008 under ALN 17.258. This 2nd year funding amount is $500,000. 8.0 AVAILABILITY OF FUNDS 8.1 This Agreement and the Parties’ obligations under it shall become effective when funds assigned for the purpose of compensating the Contractor are available to the County for disbursement. The County shall be the sole authority in determining the availability of funds under this Agreement, and the County shall keep the Contractor fully informed as to the availability of funds. 8.2 If any action is taken by any federal, state, local agency, or any other agency or instrumentality other than the Parties to amend, suspend, or terminate its fiscal obligation under or provided in connection with this Agreement, then the Parties Page 3 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT may amend, suspend, or terminate this Agreement. In the event of termination, the Parties shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services were performed in accordance with the provisions of this Agreement. The Parties shall give written notice of their intent to suspend performance or intent to terminate this Agreement under this section at least ten (10) calendar days in advance. 9.0 SCOPE OF WORK 9.1 Contractor shall be responsible to develop, implement, and operate in-person training across the following locations, for a total of two to three trainings per location, within the agreed upon contract period: 9.1.1 Town of Wickenburg 9.1.2 Town of Queen Creek 9.1.3 Town of Gila Bend 9.2 Contractor may propose sites for trainings; however, training site location(s) must be pre-approved by the County prior to training commencement. The County will secure locations should the Contractor not have training site locations available at no additional cost to the Contractor. 9.3 Training shall be delivered to cohorts of participants who will have already enrolled through Arizona Job Connection. 9.3.1 Contractor is asked to assist with recruitment of participants. The County will assist with enrolling eligible participants in Arizona Job Connection (see section 9.9 for additional information regarding recruitment of participants). 9.4 A minimum of 12 participants is necessary for a training to take place, unless prior approval is received, in writing, from the County stating otherwise. 9.5 Training shall be specific to the County’s Workforce 2 You Program, and shall not include any participant who is not enrolled in the Program. 9.6 Trainings must result in an opportunity for participants to receive industry recognized credentials upon successful completion of the training program. Curriculum offered and credentials provided must increase employability within one of the six targeted in-demand industries. Industry recognized credentials may include any one or more of the following: 9.6.1 An industry-recognized certificate or certification. 9.6.2 A certificate of completion of a registered apprenticeship. 9.6.2.1 A license recognized by the State or Federal government. 9.6.2.2 An associate or baccalaureate degree. 9.6.2.3 A secondary school diploma or its equivalent. 9.6.3 In-demand industries are determined by the Program and are subject to change on a bi-annual cycle. In-Demand industries include: 9.6.3.1 Construction 9.6.3.2 Information Technology 9.6.3.3 Healthcare and Social Assistance 9.6.3.4 Finance and Insurance 9.6.3.5 Transportation and Logistics 9.6.3.6 Advanced Manufacturing 9.6.4 Additional information regarding in-demand industries can be found at the Arizona Commerce Authority at https://www.azcommerce.com/oeo/labor- market/. Page 4 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 9.7 Contractor shall work with assigned County staff to support placement of participants in employment opportunities within the County’s designated in- demand industries, including but not limited to: 9.7.1 Providing Letters of support 9.7.2 Information about obtaining Credentials not obtained during the term of the Program 9.8 Contractor shall deliver a program with the following components: 9.8.1 In-person classroom instruction at the designated training sites in each community. 9.8.1.1 Virtual learning may be used to supplement certain necessary components of the training, but a minimum of 50 percent of the instruction should take place in-person. 9.8.2 Hands on learning opportunities at the designated training sites in each community when applicable. 9.8.3 Proctored assessments to determine comprehension of materials and eligibility for credentials. 9.8.4 Access to all testing/licensure processes needed to access industry recognized credentials. 9.9 Contractor shall: 9.9.1 Market the Program 9.9.2 Work with County and town staff to recruit eligible prospective participants (prospects) for the Program. Contractor shall: 9.9.2.1 Provide the County with basic prospect information (County will provide the Contractor with specifics at after contract award) that will allow the County to verify eligibility of a prospect. 9.9.2.2 County will enroll eligible prospects in Arizona Job Connection, a requirement for participation (see section 9.3), 9.9.2.3 Contractor will register enrolled prospect’s into the Program. 9.9.3 Proctor or assist in final assessments/testing needed to obtain credential/certificate and that takes place during the contract term. 9.9.4 Administer all normally-offered aspects of the training program to ensure participants receive the same training as others in more urban/populous communities. 9.9.5 Assist the County in coordination of post-Program employment opportunities for the participants. 9.9.6 Communicate with appropriate County staff if there are concerns regarding the success of an enrolled participant: 9.9.6.1 Completing training curriculum 9.9.6.2 Passing/obtaining appropriate credentialing/certifying/licensing testing 9.9.7 Should a participant fail to pass appropriate credentialing/certifying/licensing testing prior to the end of the Program, contractor shall ensure the County has necessary information needed to assist the participant post-Program to pursue necessary testing to become credentialed/certified/licensed. 9.9.8 Program Staff Requirements 9.9.8.1 Contractor shall ensure the following: 9.9.8.1.1 Administrative staff shall have appropriate training, background clearance, and licensing to work with youth and adults. 9.9.8.1.2 Staff providing training staff shall: Page 5 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 9.9.8.1.2.1 Have appropriate licensing and background checks as determined by the Arizona Department of Education. 9.9.8.1.2.2 Be in good standing. Training staff may not be in a corrective action process participating in a performance improvement plan. 9.10 IMPLEMENTATION 9.10.1 Contractor shall have the capacity to implement the Program such that: 9.10.1.1 90 percent of participants are enrolled within 90 days of the date awarded 9.10.1.2 Training curriculum begins no later than April 30th, 2025 9.10.1.3 Credentialing, certification, and licensing opportunities (as applicable) are available for all participants during the Program term 9.10.1.4 Training curriculum must end in time for participants to have the opportunity to test for credentials, certificates, or licenses prior to September 15th, 2025. 9.10.2 Contractor shall have an implementation plan in place in order for the Program to begin February 1, 2025. The Program implementation plan shall be included with the contractor’s RFP proposal. 9.11 COUNTY SUPPORT 9.11.1 The County will, as determined by the County to be needed: 9.11.1.1 Provide participants allowable support services as determined by county staff. 9.11.1.2 Secure training locations in the towns of Wickenburg, Queen Creek, and Gila Bend. 9.11.1.3 Assist Program participants with post-Program employment opportunities. 9.11.2 County may provide funding for participant post-Program testing. 9.12 PARTICIPANT SUPPORT SERVICES Contractor shall refer participants in need of support services to identified County staff members to ensure successful enrollment in support services such as assistance with transportation costs; accommodations for youth with disabilities; reimbursement of childcare and dependent costs; purchase of uniform and or work attire, tools, and other Program-related expenses; and referrals for legal aid, health care, and housing. 9.13 PROGRAM PARTICIPANT ELIGIBILITY 9.13.1 In addition to the criteria outlined, participant eligibility will also be dependent upon income requirements as defined by the United States Department of Labor for WIOA, priority of service, and funding availability. 9.13.2 Youth Program participants may include: 9.13.2.1 In-school youth: an individual currently enrolled or in the process of enrolling in school. 9.13.2.2 Out-of-school youth: an individual who is no longer in school and meets one or more of the following eligibility requirements: 9.13.2.2.1 Youth who have dropped out of school. Page 6 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 9.13.2.2.2 Is a recipient of a secondary school diploma or its recognized equivalent who has low-income (federally designated poverty limit) or identified as an English Language Learner by the Arizona Department of Education. 9.13.2.2.3 Currently or previously involved with the juvenile or youth justice system. 9.13.2.2.4 An individual experiencing homelessness or who has run away from home. 9.13.2.2.5 Is in foster care or has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption, a child eligible for assistance under Section 477 of the Social Security Act (42 U.S.C. 677), or an individual who is in an out of home placement. 9.13.2.2.6 Is pregnant or parenting. 9.13.2.2.7 Is an individual with a documented disability. 9.13.3 Adult Program participants may include: 9.13.3.1 Individuals 18 years of age or older. 9.13.3.2 Citizens or Non-Citizens authorized to work in the United States. 9.13.3.3 Individuals who meet Military Selective Service Registration Requirements for males born on or after January 1, 1960. 9.13.4 Dislocated Worker Program participants may include individuals who meet adult eligibility requirements and one or more of the following: 9.13.4.1 Individual terminated (through no fault of their own) or laid off or have received a notice of termination or layoff. 9.13.4.2 Displaced homemaker. 9.13.4.3 Employee at a facility at which the employer has made a general announcement that the facility will close within 180 days. 9.13.4.4 Self-employed individual (including employment as a farmer, rancher, or fisher) but unemployed due to general economic conditions or natural disasters. 9.13.4.5 Dependent spouse of a member of the Armed Forces on active duty. 9.14 REPORTING AND RECORD KEEPING 9.14.1 The Contractor shall be responsible for data collection and clear, concise reports containing information as indicted in the contract and as requested by the County during the contract term. 9.14.2 Program Performance Measures 9.14.2.1 The Contractor shall demonstrate fulfillment of the following performance indicators, providing performance measure targets at implementation of the program and performance measure outcomes at the conclusion of the program: 9.14.2.1.1 Training Completion Rate – Percentage of participants able to complete the training successfully 9.14.2.1.2 Credential Attainment – For credential/certification/licensing obtained during the course of the contract term, number of participants able to successfully obtain the credentials supported by the Page 7 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT Program training, and the number of attempts it takes to pass required testing. 9.14.2.2 The County retains the right to establish additional performance measures for the Program during the term of the contract. All additions to performance measures will be provided in writing to the contractor by the Program with a minimum of 10 days-notice prior to new performance measure delivery date. 9.14.3 Contractor shall be responsible for maintaining records of receipts and expenditures, participants served, services provided, and locations for activities performed. On a weekly basis, the contractor shall provide: 9.14.3.1 Participant information, including: 9.14.3.1.1 Names of enrolled participants. 9.14.3.1.2 Ages of enrolled participants. 9.14.3.1.3 Attendance record of enrolled participants. 9.14.3.2 Accounting for the indirect and direct costs for the Program including: 9.14.3.2.1 direct service costs for training 9.14.3.2.2 logistical/administrative costs 9.14.3.2.3 Costs for participant testing for credentialing/certifying/licensing directly related to training provided by the Contractor (if applicable). If contractor includes testing as part of invoiced costs, such costs must be included as pass-through costs; the County will not pay for mark-up on costs of participant testing. 9.14.3.3 Accounting for the indirect costs. 9.14.4 The Program reserves the right to request additional reports as needed. 9.14.5 All records must be maintained in an accurate and organized manner and kept in a secure location. 9.15 CONFIDENTIALITY AND CLIENT INFORMATION 9.15.1 The contractor, its personnel, volunteers, interns, and subcontractors, unless otherwise exempt, shall adhere to all federal, state, and local laws regarding confidentiality including, but not limited to the Health Insurance Portability and Accountability Act (HIPAA) Pub. L. No. 1-4-191 (1996) and regulations promulgated there under. 9.15.2 Personally Identifiable Information (PII) is any data that could potentially identify a specific individual. Contractors shall ensure information containing participants’ PII is only transmitted securely via electronic method. 9.15.3 Prohibition: Contractors and employers, personnel, subcontractors, volunteers, and interns shall not divulge or release information about any participant to anyone without a court order, except to the Program staff as indicated in the contract, or anyone authorized by the Program staff. Violation of this paragraph or applicable law shall constitute grounds to terminate the contract. 9.15.4 Release Authorization: Release of records containing participant information requires a signed authorization/release form executed in accordance with current state licensing and federal standards. All release authorization forms shall be maintained by the contractor and indicate the person or agency to receive the information, the specific information to be Page 8 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT released, and the expiration date or event that will trigger the expiration date of the release and shall be signed by the participant and the participant’s parent, guardian, or designated representative. Release forms shall meet all federal and state requirements, as applicable and including, but not limited to, 42 CFR Part 2 and 45 CFR 164.508. Unless the entity is otherwise exempt, disclosures must be accounted for within 45 CFR 164.528. 9.15.5 Record Dissemination: Except for requests from Program staff, the contractor shall refer persons requesting records or written documentation containing participant information relating to this contract to Program staff. The contractor shall maintain release authorization forms to track the dissemination of information in each participant’s record, except for the release of record to the Program staff. 9.15.6 Research Data: Notwithstanding any other provision of this agreement, the provider shall not provide to anyone other than Program staff any information, including information about clients in any form, for research purposes without the prior written approval of Program staff. The contractor shall refer any requests for such information to the contract officer and such requests shall be in writing. Approval shall be within the discretion of the contract officer. 9.15.7 Subpoenas. If the contractor receives a subpoena requesting records relating to a program participant(s), the contractor shall immediately notify and deliver the subpoena to Program staff. 9.16 FINANCIAL REPORTING Contractors shall maintain a financial account of financial activities related to the contract and shall provide a financial statement reporting in U.S. dollars of all expenditures of County awarded funds and any income earned on those funds. The financial statement should include County funds received and expended under this contract during the period covered by the report. The financial statement will be prepared from books and records maintained on a fund accounting (cash) basis. Only expenditures made in support of the contract purposes should be charged against the contract, and records should be maintained of such expenditures made in support of the contract adequate to enable the auditing of such funds on a quarterly basis. 9.17 FINANCIAL MANAGEMENT 9.17.1 Respondents are required to submit with their proposal a completed “Accounting Certification Statement (see Attachment F). The Accounting Certification Statement is to be completed by Respondent’s Certified Public Accounting agency. 9.17.2 Contractors shall maintain a financial management system that meet the following standards: 9.17.2.1 Financial reporting: Accurate, current, and complete disclosure of the financial results of financially assisted activities must be made in accordance with the financial reporting requirements of the agreement. 9.17.2.2 Accounting records: The contractor must maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to the contract and Page 9 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. 9.17.2.3 Internal control: The contractor shall maintain effective control and accountability for all contract cash, real and personal property, and other assets. The contractor must adequately safeguard all such property and must assure that it is used solely for authorized purposes. 9.17.2.4 Budget control: The contractor must maintain actual expenditures or outlays compared with budgeted amounts for the contract. Financial information must be related to performance or productivity data, including the development of unit cost information whenever appropriate or specifically required in the contract. If unit cost data is required, estimates based on available documentation will be accepted whenever possible. 9.17.2.5 Allowable cost: The contractor must use applicable 2 C.F.R. Part 225 cost principles, agency program regulations, and the terms of the contract will be followed in determining the reasonableness, allowability, and allocability of costs. 9.17.2.6 Source documentation: Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time, and attendance records, contract, and subcontract documents, etc. 9.17.2.7 Documentation regarding receipt of purchases. 9.18 PROGRAM MONITORING AND EVALUATION 9.18.1 Contractor shall allow the County to inspect and/or copy all records and accounts relating to the work performed or the services provided under the agreement. 9.18.2 County staff will monitor, on a monthly basis, the contractor’s compliance with, and performance under, the terms and conditions of the contract, including, but not limited to monitoring: 9.18.2.1 Employers’ compliance with training program conditions. 9.18.2.2 Fiscal, program delivery, and contract compliance 9.18.3 County reserves the right to conduct Program monitoring during the contractor’s normal business hours, announced or unannounced. 9.18.4 A contractor found to be deficient in any area shall receive written notification of findings and required corrective actions. The contractor shall provide a written response outlining corrective actions and steps to ensure findings are corrected and resolved in an acceptable timeframe to preclude future issues. 10.0 METHOD OF PAYMENT 10.1 The Contractor agrees to submit quarterly reimbursement requests to the County no later than the 15th calendar day after previous quarter close out. 10.2 The County shall reimburse the Contractor for actual allowable costs incurred, following submittal by the Contractor of an invoices and back-up documentation, expenditures must be separated between educational and career assistance provided and administrative costs. 10.3 The Contractor shall submit to the County a Request for Reimbursement of all expenditures within the same fiscal year in which the expenditures are incurred. Page 10 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT The fiscal year runs July 1st through June 30th, and all Requests for Reimbursement shall be submitted no later than July 30th for the preceding fiscal year. 10.4 The Contractor shall submit invoices to hsdfinance@maricopa.gov. 10.5 Reimbursement by the County is not to be construed as final in the event that the Department of the Treasury disallows reimbursement for the activity or any portion thereof. 10.6 The County shall reimburse the Contractor on a net 0 payments standard. 10.7 The Contractor shall submit the final reimbursement request no later than 10 calendar days after the termination date. 11.0 DISALLOWED COSTS 11.1 The applicable cost principles set forth in the Code of Federal Regulations, 48 C.F.R., Chapter 1, Subchapter E, Part 31 including later amendments and editions on file with the Arizona Secretary of State and incorporated by this reference, shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under Agreement provisions that provide for the reimbursement of costs. Those costs that are specifically defined as unallowable in 48 C.F.R., Chapter 1, Subchapter E, Part 31 therein will not be submitted for reimbursement by the Contractor and may not be reimbursed with County funds. 11.2 The Contractor shall follow cost principles as outlined in Office of Management and Budget (OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq. 12.0 NOTICES Notifications and communications concerning this Agreement shall be directed to the following: Contractor: Maricopa County Community College District Jason Weinstein 2411 W. 14th Street Tempe, AZ 85281 480-377-2702 jason.weinstein@domail.maricopa.edu Maricopa County: Human Services Department Jared Beard, Assistant Director 234 N. Central Avenue 3rd Floor Phoenix, AZ 85004 623-280-7487 Jared.Beard@maricopa.gov 13.0 EMPLOYMENT DISCLAIMER 13.1 This Agreement 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. 13.2 The Contractor agrees that no individual performing under this Agreement on behalf of the Contractor may be considered a County agent, employee, or representative and that no rights of County civil service, County retirement, or County personnel rules shall accrue or apply to any such individual. The Contractor shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals shall indemnify, defend, and hold harmless the County with respect to the foregoing. Page 11 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 13.3 The County agrees that no individual performing under this Agreement on behalf of County may be considered a Contractor agent, employee, or representative and that no rights of Contractor civil service, Contractor retirement, or Contractor personnel rules shall accrue or apply to any such individual. The County shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and the County shall indemnify, defend, and hold harmless the Contractor with respect to the foregoing. 14.0 GENERAL REQUIREMENTS 14.1 The terms of this Agreement shall be construed in accordance with Arizona law and the applicable laws and regulations of the WIOA Act. Any lawsuit arising out of this Agreement shall be brought in the appropriate court in Maricopa County, Arizona. 14.2 The Contractor shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services and perform work under this Agreement, and shall comply with all laws regarding unemployment insurance, disability insurance and worker's compensation. 14.3 The Contractor is an independent contractor in the performance of work and the provision of services under this Agreement and is not to be considered an officer, employee, or agent of the County. 14.4 The Contractor shall comply with the applicable regulations prohibiting a conflict of interest. The Contractor shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust, or other organization that has a substantial interest in Contractor's organization or with which the Contractor (or any of its directors, officers, owners, trust certificate holders, or a relative thereof) has a substantial interest, unless the Contractor has made full written disclosure of the proposed payments to the County and has received written approval for the payments. 14.5 For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. 14.6 The Parties specifically acknowledge and agree that, notwithstanding anything to the contrary in this Agreement, any reference to a requirement pertaining to a statute, ordinance, law, rule, regulation, or published guidance/circular shall apply only insofar as the statute, ordinance, law, rule, regulation, or published guidance/circular is applicable to this Agreement and the Party against whom the requirement is being enforced. 15.0 ASSIGNMENT AND SUBCONTRACTING 15.1 No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or subcontracted, in whole or in part, without the prior written approval of the County. The Contractor shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the County agrees otherwise. 15.2 In accordance with 2 C.F.R. §200.331, the Contractor may make a “Subaward” as a pass-through entity for the purpose of carrying out a portion of the federal award. The Contractor will make determinations classifying recipients of federal funds as a Contractor. Page 12 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 16.0 DISPUTES 16.1 The Parties may attempt to informally resolve any dispute arising out of this Agreement for a reasonable period of time, which shall not exceed one hundred twenty (120) calendar days of notification of dispute: 16.1.1 The Contractor shall notify the Department Director in writing of a dispute. 16.1.2 The Director shall respond in writing to the Contractor within fourteen (14) business days. 16.1.3 The decision of the Director shall be final and conclusive unless, within seven (7) business days after the date the Contractor is served with the decision, the Contractor files a written notice of appeal. 16.1.4 Pending a final decision of the Director, the Contractor shall diligently proceed with its performance of this Agreement in accordance with the Director’s decision. 16.1.5 If a dispute is not resolved, the Parties may opt to: 16.1.5.1 Obtain input from respective Legal entity, or 16.1.5.2 Terminate the Contract 17.0 SEVERABILITY Any provision of this Agreement that is determined to be invalid, void, or illegal by a court shall in no way affect, impair, or invalidate any other provision of this Agreement, and the remaining provisions shall remain in full force and effect. 18.0 STRICT COMPLIANCE A Party’s acceptance of the other Party’s performance that is not in strict compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict compliance for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. 19.0 SINGLE AUDIT ACT REQUIREMENTS The Contractor is in receipt of federal funds through the County and is subject to the federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98- 502) (codified at 31 U.S.C. § 7501, et seq.). The Contractor shall comply with 2 C.F.R. 200, Subpart F. Upon completion, such audits shall be made available for public inspection. Audits shall be made available to the County within the twelve (12) months following the close of the fiscal year. The Contractor shall take corrective actions within six (6) months of the date of receipt of audit findings. The County shall consider sanctions as described in 2 C.F.R. § 200.505 if it is determined by the County that the Contractor is not in -compliance with the audit requirements. 20.0 AUDIT REQUIREMENTS In accordance with A.R.S § 9-481, the Contractor shall, at its own expense, file with the County by March 31st of each Agreement year, either: 20.1 Audited financial statements prepared in accordance with federal single audit requirements; or 20.2 Financial statements prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant; or 20.3 A Comprehensive Annual Financial Report, prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. Page 13 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 21.0 AUDIT DISALLOWANCES 21.1 The Contractor shall, upon written notice, reimburse the County for any payments made under this Agreement that are disallowed by a federal, state, or County audit in the amount of the disallowance. Court costs and attorney and expert fees incurred will be specifically identified as applicable to the recovery of the disallowed costs in question. 21.2 If the County determines that a cost for which payment has been made is a disallowed cost, then the County will notify the Contractor in writing of the disallowance and the required course of action, which shall be at the option of the County, either to adjust any future claim submitted by the Contractor by the amount of the disallowance or to require immediate repayment of the disallowed amount by the Contractor issuing a check payable to the County. 22.0 ADEQUACY OF RECORDS If the Contractor’s books, records and other documents related to this Agreement are not sufficient to support and document that allowable services were provided to eligible participants, then the Contractor shall reimburse the County for the services not supported and documented. 23.0 PROPERTY 23.1 Any County property furnished or purchased pursuant to the terms of this Agreement shall be utilized, maintained, repaired, and accounted for in accordance with instructions furnished by the County, and title to all such property shall revert to the County upon the expiration or termination of this Agreement. The costs to repair such property are the responsibility of the Contractor within the limits budgeted in this Agreement. 23.2 Any Contractor property furnished or purchased pursuant to the terms of the Agreement shall be utilized, maintained, repaired, and accounted for by the Contractor. Repair costs of such property shall be the responsibility of the Contractor. 24.0 LIMITATION ON LIABILITY 24.1 The County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions shall not be liable for any act or omission by the Contractor or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions occurring in the performance of this Agreement, nor shall the County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions be liable for purchases or contracts made by the Contractor or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions in connection with this Agreement. 24.2 The Contractor and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions shall not be liable for any act or omission by the County or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions occurring in the performance of this Agreement, nor shall the Contractor and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions be liable for purchases or Page 14 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT contracts made by the County or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions in connection with this Agreement. 25.0 GENERAL INDEMNIFICATION 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 attorney and expert fees) (collectively referred to as “Claims”) either arising from or related to breach of this Agreement, but only to the extent that such Claims are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions. 26.0 INSURANCE Each Party is a public entity. For such reason, insurance policy requirements shall not apply. Instead, each Party shall provide the other Party a Certificate of Self-Insurance equal to: General Aggregate $3,000,000 Each Occurrence Limit $1,000,000 Sexual Abuse/Molestation $2,000,000 27.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, direct services under this Agreement shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services, or services that are incidental to the performance of the Agreement. The provision applies to work performed by Contractors or Subcontractors at all tiers. 28.0 TECHNICAL ASSISTANCE The County will provide reasonable technical assistance to the Contractor to assist in complying with state and federal laws, and regulations, and accountability for diligent performance and compliance with the terms and conditions of this Agreement and all applicable laws, regulations, and standards. However, this assistance in no way relieves the Contractor of full responsibility and accountability for its actions and performance in compliance with the terms of this Agreement. 29.0 CLEAN AIR ACT The Contractor agrees to comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance of this Agreement. 30.0 LOBBYING 30.1 No federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the Page 15 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, or cooperative agreement. 30.2 If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal agreement, grant, loan or cooperative agreement, then the Contractor shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. 31.0 RELIGIOUS ACTIVITIES The Contractor warrants that none of its costs and none of the costs incurred by the Contractor or any of its Subcontractors will include any expense for any religious activities. 32.0 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services contributed by the County or the Contractor or any Subcontractor under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. 33.0 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no persons or entities have been employed or retained by it to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. 34.0 RIGHTS IN DATA The County shall have the use of data and reports resulting from this Agreement without cost or other restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to this Agreement and to the performance under it. 35.0 COPYRIGHTS If this Agreement results in a book or other written material, the author is free to copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish, and otherwise use and to authorize others to use, all copyrighted material and all material that may be copyrighted because of this Agreement. 36.0 AGREEMENT COMPLIANCE MONITORING/AUDITING 36.1 The County will annually monitor the Contractor's compliance for fiscal and programmatic performance under the terms and conditions of this Agreement and applicable regulations depending on funding source and the County. On-site visits for compliance monitoring may be made by the County or its grantor agencies (or by both the County and its grantor agencies) at any time during the Contractor's normal business hours, announced and/or unannounced. For auditing purposes, the County shall provide the Contractor with 30-days’ advance notice of any proposed on-site visit. During an on-site visit(s), the Contractor shall make all of its records and accounts related to work performed or services provided under this Agreement available to the County for inspection and copying. Page 16 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 36.2 The County shall request information for fiscal monitoring/audit per Office of Management and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include: 36.2.1 Financial Management 2 C.F.R. § 200.302 36.2.2 Internal Controls 2 C.F.R. § 200.303 36.2.3 Bonds 2 C.F.R. § 200.304 36.2.4 Federal Payment 2 C.F.R. § 200.305 36.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306 36.2.6 Program Income 2 C.F.R. § 200.307 36.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308 36.2.8 Modifications to Period of Performance 2 C.F.R. § 200.309 36.2.9 Insurance Coverage 2 C.F.R. § 200.310 36.2.10 Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338 36.2.11 General Procurement Standards 2 C.F.R. § 200.318 36.2.12 Indirect (F&A) Costs 2 C.F.R. § 200.414 36.2.13 Compensation-Personal Services 2 C.F.R. § 200.430 36.2.14 Audit Requirements 2 C.F.R. §§ 200.501-200.517 36.3 The contractor shall be in compliance and remain in compliance throughout the term of the contract with 2 CFR 200. The contractor shall indicate compliance and provide as part of proposal submission using Attachment H - Certificate of Compliance with 2 CFR 200. 37.0 CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS 37.1 The Contractor shall, during the term of this Agreement, within 15 business days from acceptance, inform the Director in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the County, where the award may affect either the direct or indirect costs being paid or reimbursed under this Agreement. The Contractor’s failure to notify the County of any such agreement shall be a breach of this Agreement and the County may immediately terminate this Agreement without liability. 37.2 The Director may request, and Contractor shall provide within a reasonable time, which shall not exceed ten (10) business days, a copy of all such other agreements or grants, when, in the opinion of the Director, the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement. 37.3 If the Director determines that the award to the Contractor of such other agreements or grants has affected the costs being paid or reimbursed under this Agreement, then the Director shall prepare an amendment to this Agreement effecting a cost adjustment. If the Contractor disputes the proposed cost adjustment, then the dispute shall be resolved pursuant to the "Disputes" paragraph of this Agreement. 38.0 MINIMUM WAGE REQUIREMENTS The Contractor warrants that it shall pay all of its employees who are engaged in either performing work or providing services under the terms of this Agreement not less than the minimum wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.), by law and regulation, and, as applicable, Executive Order 13658, as amended, and as specified by Arizona law. 39.0 RECOGNITION OF COUNTY SUPPORT The Contractor shall give recognition to the County and the funding source for its support when the Contractor publishes materials or releases public information that is paid for in whole or in part with funds received by the Contractor under this Agreement. Page 17 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 40.0 NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS The Contractor, in connection with any services or other activities under this Agreement, shall not in any way discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief. The Contractor shall include this clause in all its Subcontracts. 41.0 DISABILITY REQUIREMENTS The Contractor agrees that any electronic or information technology offered under this Agreement shall comply with A.R.S. §§41-2531 and 41-2532 and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities. 42.0 EQUAL EMPLOYMENT OPPORTUNITY 42.1 The Contractor shall not discriminate against any employee or applicant for employment because of race, age, disability, color, religion, sex, sexual identity, gender identity, or national origin. 42.2 The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, disability, color, religion, sex sexual identity, gender identity, or national origin. Such action shall include, but is not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 42.3 The Contractor shall and shall cause its Subcontractors to comply with: 42.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 42.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 42.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); 42.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and 42.3.5 Arizona Executive Order 2009-09, as amended, which mandates that all persons shall have equal access to employment opportunities. 43.0 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this Agreement, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. §§ 200, et seq. 44.0 RETENTION OF RECORDS 44.1 This provision applies to all financial and programmatic records, supporting document, statistical records, and other records of the Contractor that are related to this Agreement. 44.2 The Contractor shall retain all records relevant to this Agreement for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is longer, and the County, federal and state auditors and any other persons duly authorized by the County shall have full access to, and the right to examine, copy, and make use of any and all of the records. Page 18 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 45.0 IMMIGRATION LAWS AND REGULATIONS 45.1 Federal Immigration and Nationality Act 45.1.1 The Contractor understands and acknowledges the applicability of the Immigration Reform and Control Act of 1986 (IRCA). The Contractor agrees to comply with the IRCA in performing under this Agreement and to permit the County to inspect personnel records to verify such compliance. 45.1.2 By entering into this Agreement, the Contractor warrant compliance with the Federal Immigration and Nationality Act (FINA) and all other federal immigration laws and regulations related to the immigration status of its employees. The Contractor shall obtain statements from their subcontractors certifying compliance and shall furnish the statements to the County upon request. These warranties shall remain in effect through the term of the Agreement. The Contractor and their subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor’s Immigration and Control Act for all employees performing work under the Agreement. I-9 forms are available for download at USCIS.GOV. 45.1.3 The County may request verification of compliance for any employee or Subcontractor performing work under the Agreement. Should the County suspect or find that the Contractor or any of its Subcontractors are not in compliance, then the County may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Agreement for default, and suspension or debarment (or both) of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor or its Subcontractor. 45.2 Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41- 4401 (e-verify requirements) and further acknowledges that: 45.2.1 That then Contractor and its contractors, 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; 45.2.2 A breach of a warranty under this Subparagraph 45.2 shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability; and 45.2.3 The County and any contracting government entity retain the legal right to inspect the papers and employment records of any Contractor or Vendor employees who works on this Agreement to ensure that the Contractor or contractor is complying with the warranty provided under this Subparagraph 45.2 and that the Contractor agrees to make all papers and employment records of those employees available during normal working hours in order to facilitate such an inspection. 46.0 DRUG FREE WORKPLACE ACT The Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), which requires that Contractors and grantees of federal funds must certify that they will provide drug-free workplaces. This certification is a precondition to receiving a grant or entering into this Agreement. Page 19 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 47.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION 47.1 The undersigned, by signing this Agreement, represents that he/she has the authority to bind the Contractor to the terms of this Certification. The Contractor, as the primary participant in accordance with 2 C.F.R. Part 180, certifies to the best of its knowledge and belief that it and its principals: 47.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 47.1.2 Have not within a 3-year period preceding the Start Date of this Agreement, been convicted of or had a civil judgment rendered against them for (1) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; (2) the violation of any federal or State antitrust statutes or (3) the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 47.1.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses enumerated in Sub-subparagraph 47.1.2 above; and 47.1.4 Have not, within a three-year period preceding this Start Date of this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. 47.2 The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e., transactions with Subcontractors) and in all solicitations for lower tier covered transactions related to this Agreement. 48.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: 48.1 The Contractor agrees that this Agreement and employees working on this Agreement will be subject to the whistleblower rights and remedies established at 41 U.S.C. § 4712 by Section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and Section 3.908 of the Federal Acquisition Regulation; 48.2 The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by the Contractor, and copies provided to County upon request; and 48.3 The Contractor shall insert the substance of this clause, including this paragraph in all subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 49.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 If the Contractor engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, then the Contractor certifies it is not currently engaged in, and agrees for the duration of this Agreement not to engage in, a boycott of goods and services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. Page 20 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 50.0 SURVIVAL The indemnification, hold harmless, defense, and non-liability provisions of this Agreement shall have full force and effect notwithstanding any other provisions in this Agreement and shall survive the termination or expiration of this Agreement. 51.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE 51.1 Notwithstanding anything to the contrary, this section shall not be deleted or superseded by any other provision of this Agreement. 51.2 This Agreement may be immediately terminated by either Party if the other Party defaults by failing to perform any material objective or breaches any material obligation under this Agreement, or any event occurs that materially jeopardizes a Party’s ability to perform any of its obligations under this Agreement. A Party will not be in default until the other Party provides reasonable notice of the default, and an opportunity to cure, which shall be a minimum of thirty (30) days. 51.3 Failure to comply with the requirements of this Agreement and all the applicable federal, state, or local laws, rules, and regulations may result in suspension or termination of this Agreement, the return of unexpended funds (less just compensation for work satisfactorily completed that, to date, has not been paid), the reimbursement of funds improperly expended, or the recovery of funds improperly acquired. Noncompliance includes, but is not limited to: 51.3.1 Non-performance of any material obligations required by this Agreement. 51.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or regulations. 51.3.3 Unauthorized expenditure of funds. 51.3.4 Noncompliance with applicable financial record requirements, accounting principles, or standards established by OMB circulars and 2 C.F.R. § 200 et seq. 51.3.5 Noncompliance with recordkeeping, record retention, or reporting requirements. 51.4 Notwithstanding the suspension or termination of this Agreement, or the final determination of the proper disposition of funds, the defaulting Party shall, without intent to limit or with restrictions, be subject to the following: 51.4.1 Acknowledge that suspension or termination of this Agreement does not affect or terminate any rights against the defaulting Party at the time of suspension or termination, or that may accrue later. Nothing herein shall be construed to limit or terminate any right or remedy available under Agreement or rule. 51.4.2 Waiver of a breach or default of any term, covenant, or condition of this Agreement or any federal, state, or local law, rule, or regulation shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, condition, law, rule, or regulation. 51.5 The defaulting Party shall, upon notice or with knowledge obtained by itself or others, take any and all proactive actions necessary, and provide any and all applicable remedies to address and correct any act by itself, and any and all of its agents, representatives, officers, officials, directors, employees, volunteers, successors, assigns, or Subcontractors that resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the incorrect or improper disposition of funds; any violation of any applicable federal, state, or local law, rule, or regulation; or the breach of any certification or warranty provided in this Agreement. Page 21 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 52.0 ADMINISTRATIVE REQUIREMENTS 52.1 Accounting Standards - The Contractor agrees to comply with this Agreement and to adhere to the accounting principles and procedures required to utilize adequate internal controls and maintain necessary source documentation for all costs incurred, as well as any applicable federal laws and regulations. The Contractor further agrees to maintain an adequate accounting system that provides for appropriate grant accounting (including calculation of program income, if any). 52.2 Repayment of Funds – The Contractor agrees to repay funds provided under this Agreement for noncompliance with the terms of this Agreement. Repayment shall be in accordance with the terms of this Agreement or the requirement of applicable laws and regulations, including continuing use compliance. The County may specify in writing, the terms of the repayment or alternative terms in lieu of repayment. However, in no case shall repayment or alternative terms be accomplished later than sixty (60) calendar days following the written determination of noncompliance by the County. 52.3 Documentation and Record Keeping - The Contractor agrees to comply with this Agreement and the following record keeping requirements: 52.3.1 Records to be maintained - The Contractor shall maintain all financial records as required by 2 C.F.R. § 200, and OMB Circulars; 52.3.2 UEI Number and SAM Profile – The Contractor shall each have a valid Unique Entity Identifier (UEI) number and an active profile in the federal System for Award Management, or SAM.gov. Documentation of the UEI Number must be included in all project files. The Contractor must remain current with their registration throughout the term of the Agreement. Contractors and subcontractors will not receive a subaward until that entity has provided its UEI number. 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25 52.3.3 Records Retention - The Contractor shall retain all records pertinent to this Agreement for a period of six (6) years after all ERA requirements have been met. In the event of litigation, a claim, or an audit is begun before the expiration of this retention period, said records shall be retained until all such action or audit findings involving the records have been resolved. 52.3.4 Disclosure - The Contractor understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the County's or the Contractor's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service. 52.3.5 Property Records - The Contractor shall maintain property and equipment inventory records that clearly identify properties and equipment purchased, improved, or sold. Properties and equipment retained shall continue to meet eligibility criteria and shall conform to the use of property and equipment. 53.0 FORCE MAJEURE 53.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural Page 22 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 53.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 53.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. 54.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 54.1 The Contractor warrants and certifies that it does not currently, and agrees for the duration of the contract that it will not, use: 54.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China 54.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China or 54.1.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 54.2 If the Contractor becomes aware during the term of the Contract that the Company is not in compliance with this paragraph, the Contractor shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Contractor to provide a written certification that the Contractor has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 55.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 56.0 ACRONYMS AND DEFINITIONS Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are hereby incorporated by reference. Page 23 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT IN WITNESS, the Parties have approved and signed this Agreement: APPROVED BY: MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT APPROVED BY: MARICOPA COUNTY ___________________________________ James H. Curtin Date Senior Associate General Counsel ____________________________________ Thomas Galvin, Chairman Date Board of Supervisors Attested to: Juanita Garza Date Clerk of the Board APPROVED AS TO FORM: General Counsel Date APPROVED AS TO FORM: Deputy County Attorney Date Page 24 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT EXHIBIT A 1. Engineering Technician Course Contact Hours: 150 (12 Weeks) | Minimum Cohort Size: 12 | Cost Per Participant: $3,440 (Textbooks Included) The Engineering Technician Program is a comprehensive 12-week initiative designed to prepare students for careers in industrial technology and manufacturing. This program provides essential certifications, hands-on technical training, and foundational industry knowledge, equipping participants with the skills needed to excel in entry-level technician roles. Students will earn an OSHA 10 General Industry card and NC3 certifications in Festo Introductory Mechatronics, Level One Electricity Fundamentals, and Hydraulics and Pneumatics. Additionally, they will gain exposure to core topics from the NCCER curriculum. The program integrates advanced hydraulics and pneumatics training directly into the core curriculum, ensuring all participants acquire specialized fluid power skills. The program will utilize state-of-the-art equipment and resources, with a detailed budget outlining educational costs and equipment expenses. Industry-Recognized Credential After completing this program, learners will have the opportunity to take the leading national/industry-recognized certification exam(s) essential to entry-level employment in this fast-growing field: ● OSHA 10 General Industry Certification (10 hours) ● NC3 Festo Certification (74 hours) ○ NC3 Festo Introductory Mechatronics Certification ○ NC3 Festo Level One Electricity Fundamentals Certification ○ NC3 Festo Hydraulics and Pneumatics Certification Career Outlook Electromechanical technician, Operator technician, Production technician, Industrial maintenance technician, Mechatronics technician, Automation technician, Robotics technician, PLC technician, Applications engineer, and Industry 4.0 operator/technician. https://www.bls.gov/ooh/production/ https://www.bls.gov/ooh/architecture-and-engineering/mechanical-engineering-technicians.htm US Bureau of Labor Statistics: Production Technicians or Engineering Technicians vary ○ Employment Growth 2% ○ Median Hourly Wage $30.78 ○ Median Annual Pay $64,020 ○ Typical Entry-Level Education: Post-secondary certifications, apprenticeships, or associates degree Page 25 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 2. Home Health Aide Course Contact Hours: 80 (10 Weeks) | Minimum Cohort Size: 12 | Cost Per Participant: $3,902 (Textbooks Included) This program prepares students for a position as a Home Health Aide. Emphasis is on giving personal care in a client's home, communications, working with ill persons, basic human needs, eldercare, nutrition, special diets, and home management. Many different types of individuals require assistance in daily tasks, assistance with minor medical tasks, and companionship because they are ill, elderly, or disabled in some way, may be of any age, and live at home or in a home-like residential facility. Home Health Aides provide this assistance entirely or provide some of the care to allow family caregivers a respite. This program will ensure students are prepared to provide a variety of essential services for their clients including health care management and monitoring, assistance with activities of daily living (ADLs) ranging from bathing, dressing, eating, using the bathroom, housekeeping and laundry to medication reminders and/or management, recreational activities and companionship, security and transportation. Industry-Recognized Credential After completing this program, learners will have the opportunity to take the leading national/industry-recognized certification exam(s) essential to entry-level employment in this fast-growing field: National Workforce Career Association (NWCA) Certified Personal Care Assistant (CPCA) Career Outlook https://www.bls.gov/ooh/healthcare/home-health-aides-and-personal-care-aides.htm US Bureau of Labor Statistics: Home Health Aides and Personal Care Aides ○ Employment Growth 21% ○ Median Hourly Wage $16.12 ○ Median Annual Pay $33,530 ○ Typical Entry-Level Education: High School or Equivalent 3. Electronic Health Records Management (EHRM) Course Contact Hours: 90 hour (12 Weeks) | Minimum Cohort Size: 12 | Cost Per Participant: $3,058 (Textbooks Included) The Electronic Health Records Management (EHRM) program will provide students with the education and training needed to understand and use electronic records in a medical practice. Course reviews the implementation and management of electronic health information using common electronic data interchange systems and maintaining the medical, legal, accreditation and regulatory requirements of the electronic health record. This program covers the following key areas: ● The medical record as a legal document ● The effect of confidential communication laws ● on the release of medical information and HIPAA ● Data accuracy, consistency, completeness, ● and security of information Page 26 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT Industry-Recognized Credential After completing this program, learners will have the opportunity to take the leading national/industry-recognized certification exam(s) essential to entry-level employment in this fast-growing field: National Workforce Career Association (NWCA) Electronic Health Records Management Certification (EHRM) Career Outlook https://www.bls.gov/ooh/healthcare/medical-records-and-health-information-technicians.htm US Bureau of Labor Statistics: Electronic Health Records Management ○ Employment Growth: 9% ○ Median Pay 2023: $48,780 ○ Median Hourly Wage: $23.45 ○ Projected job openings (2023-2033): 16,700 4. English as a Second Language (ESL) Course Contact Hours: 30 hour (10 Weeks) | Minimum Cohort Size: 12 | Cost Per Participant: $750 (Textbooks Included) The ESL program is designed to teach non-native English speakers the essential skills of reading, writing, listening, and speaking English, aiming to improve their ability to communicate effectively in everyday situations within an English-speaking environment; often focusing on grammar, vocabulary, and cultural understanding alongside practical language use. Class terminology can be customized to specific careers/industries. 5. Workforce Readiness Skills Online Self-paced Micro-credential: Estimated 24 hours | Administrative Fee Per Participant: $50 (Digital badge upon completion included) The Workforce Professional Skills micro-credential is developed to equip individuals with the essential skills vital for thriving in today's dynamic workplace environment. This credential encompasses a blend of theoretical understanding and assessment to ensure participants are adeptly prepared to navigate the challenges and opportunities presented in various professional settings. Key focus areas of this micro-credential include Communication, Empathy, Professionalism, Collaboration, Initiative, Critical Thinking, Problem-Solving, Self-Directed Learning, and Resilience. Page 27 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT Program Courses and Budget Table: Program Sites Min # of Cost/Student Estimated Totals Students Home Health Aide (HHA) GB, WB, QC 12 x 3 $3,902 $140,472 Electronic Health Records Management (EHRM) GB, WB, QC 12 x 3 $3,058 $110,088 English as a Second Language (ESL) GB 12 x 2 $750 $18,000 Workforce Readiness Skills GB, WB, QC Online self-paced for all sites up to 110 students X $50 $5,500 Engineering Technician QC 12 x $3,440 $41,280 One-time Equipment Purchase QC Festo Mechatronics Labs Festo Hydraulics and Pneumatics Trainer Training Licenses $85,000 Total: $400,340 Proposed Project Timeline Anticipated materials and marketing by ● Marketing Fliers/landing page set-up: January 15th - January 30th ● Marketing - February 1, 2025 - March 30, 2025 ● Enrollment - February 1, 2025 - March 30, 2025 ● Delivery – April 19, 2025 – September 30, 2025 Proposed Program Times/Dates/Location: Wickenburg Library: Conference room (reserved by county) 164 E. Apache St., Wickenburg AZ 85390 Tuesday and Thursday – 9:00 am to 7:00 pm HHA: June 10 – Aug 28, 9:00 am – 1:00 pm HER: June 10 – Sept 11, 1:30 pm – 5:30 pm Gila Bend Library: Large Conference Room 777 N. Logan, Gila Bend, AZ 85337 Monday and Wednesday – open to 7:00 pm HHA: June 9 - Aug 27, 10:00 am – 1:00 pm Page 28 of 28 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT EHR: June 9 – Sept 10; 2:30 pm - 6:30 pm English Language Learning (ELL) / ESL Program, Gila Bend Library Large conference room Saturdays ESL April 19 – June 30, 10:00 am – 1:00 pm ESL April 19 - June 30; 10:00 am – 1:00 pm (10 weeks) Queen Creek Library (Class to start at 8:30 am. Regular business hours start at 9:00 am.) 21802 S Ellsworth Rd, Queen Creek, AZ 85142 Monday/Wednesday HHA: June 9 - Sept 3; 8:30 am - 12:30 pm (10 weeks) EHR: June 9 - Sept 17; 1:00 pm - 5:00 pm (12 weeks) Queen Creek Communiversity (Monday, Wednesday, Friday - open at 8:00 am) 21740 S Ellsworth Rd, Queen Creek, AZ 85142 Monday/Wednesday/Friday - Tentative Engineering Tech: June 9 - Sept 8 (no school on labor day or July 4th / extra day scheduled for certifications/make-up) 8:30 am - 12:30 pm 12.5 weeks (150 hours / 12 hours per week)