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SPECIAL TERMS AND CONDITIONS
ADCRR Agreement No. 22-155-27
STATE OF ARIZONA
DEPARTMENT OF CORRECTIONS, REHABILITATION AND REENTRY
1645 West Jefferson
Phoenix, Arizona 85007
AGREEMENT
This Agreement is entered into between the Arizona Department of Corrections, Rehabilitation and Reentry,
herein referred to as ADCRR and Maricopa County on behalf of Maricopa County Sheriff’s Office, herein referred
to as MCSO, or the “parties.”
This document, including the Scope of Services, Special Terms and Conditions, Standard Work
Provisions, any addendums, attachments or modifications, shall constitute the entire Agreement between the
parties and supersedes all other understandings, oral or written.
WHEREAS, the ADCRR is authorized by Arizona Revised Statutes (A.R.S.) §41-1604, and wishes to
establish and enter into agreement, and;
WHEREAS, Maricopa County is authorized (A.R.S.) §11-952 and wishes to establish and enter into
agreement on behalf of MCSO, and;
THEREFORE, IT IS AGREED the ADCRR and MCSO do hereby agree as follows:
1.
Purpose of Agreement:
1.1.
The Purpose of this Agreement is to provide for CPR/AED, and First Aid train the trainer
instruction for ADCRR instructors.
1.2.
This Agreement shall not affect any pre-existing, independent relationship(s) between the parties
or with any other third party of parties.
2.
The ADCRR agrees:
2.1.
To identify qualified employees to attend the training
2.2.
To provide all supporting books, equipment, and videos
2.3.
To schedule training in coordination with MCSO
2.4.
To follow all of the AHA established guidelines and course requirements when teaching AHA
courses.
2.5.
To pay MCSO $750 per scheduled training session upon receipt of invoice.
3.
The MCSO agrees:
3.1.
To provide training to identified ADCRR employees in the following courses:
3.1.1. Basic life support/ cardiopulmonary Resuscitation (CPR)
3.1.2. Heart saver First Aid
3.2.
To provide ADCRR identification as an American Heart Association certified training location
under the MCSO AHA training center
3.3.
To maintain current registration status as an AHA Training Center (ID: AZ03978)
SPECIAL TERMS AND CONDITIONS
ADCRR Agreement No. 22-155-27
3.4.
To conduct training with certified trainers
3.5.
To invoice ADCRR for instructor services within one month of scheduled training delivery and
include training date(s), instructor name and the Agreement number on the invoice.
4.
Term of Agreement
This Agreement shall begin when all signatures are affixed and fully executed by the parties and shall
continue for one year hereafter, unless otherwise terminated, canceled or extended, as otherwise provided
herein.
5.
Agreement Extension
By mutual written agreement of the parties, this Agreement may be extended by four (4) supplemental
periods of up to 12 months each for a total contract term of 60 months.
6.
Termination
6.1.
This Agreement may be terminated, without cause, by either party by provision of prior written
notice to the other. Such Notice of Termination shall be effective thirty (30) calendar days after
mailing by certified mail, return receipt requested, to the other party.
6.2.
If, for any reason, the MCSO shall fail to fulfill, in a proper and timely manner, its’ obligations
under the terms of this Agreement, the ADCRR shall have the right to terminate this Agreement
by providing thirty (30) days advance written notification to the MCSO.
7.
Agreement Changes
Any changes or amendments to this Agreement shall be effective only if made in writing and signed by
both parties. All such changes or amendments shall be handled by formal amendment through the
ADCRR Procurement Services Office.
8.
Confidentiality of Records
The MCSO shall establish and maintain procedures and controls, that are acceptable to the ADCRR for
the purpose of assuring that no information contained in its records or obtained from the ADCRR or from
others in carrying out its functions under the Agreement shall be used or disclosed by it, its agents, officers,
or employees, except as required to efficiently perform duties under the Agreement. Persons requesting
such information should be referred to the ADCRR. MCSO also agrees that any information pertaining
to individual persons shall not be divulged other than to employees or officers of the MCSO as needed for
the performance of duties under the Contract, unless otherwise agreed to in writing by the ADCRR.
9.
Arbitration
In accordance with ARS § 12-1518, the parties to agree to resolve all disputes arising out of or relating to
this Contract through arbitration, after exhausting applicable administrative review except as may be
required by other applicable statutes.
10.
Venue
The Parties agree that the venue for any claim arising out of any or in any way related to this Agreement
shall be Maricopa County, Arizona.
11.
Contraband
Contraband means any dangerous drug, narcotic drug, intoxicating liquor or any kind, deadly weapon,
dangerous instrument, explosive or any other article whose use of or possession would endanger the safety,
security or preservation of order in a correctional facility or any person therein. (Any other article includes
any substance which could cause abnormal behavior, i.e., marijuana, nonprescription medications, etc.)
SPECIAL TERMS AND CONDITIONS
ADCRR Agreement No. 22-155-27
11.1. Promoting prison contraband A.R.S. § 13-2505:
• A person, not otherwise authorized by law, commits promoting prison contraband:
• By knowingly taking contraband into a correctional facility or the grounds of such a facility;
or
• By knowingly conveying contraband to any persons confined in a correctional facility; or
• By knowingly making, obtaining, or possessing contraband while being confined in a
correctional facility.
11.2. Promoting Prison Contraband is a Class 5 felony.
12.
Cancellation
12.1.1. The ADCRR reserves the right to cancel the whole or any part of this Contract due to failure by
the United States Bureau of Prisons (USBP) to carry out any obligation, term or condition of this
Contract.
13.
Subcontracts
In addition to the Uniform Terms and Conditions, the MCSO shall bear full responsibility for the
performance under all applicable subcontracts, shall forward copies to the Procurement Officer and shall
retain copies on file.
14.
Unlawful Sexual Conduct
14.1. A person commits unlawful sexual conduct by intentionally or knowingly engaging in any act of
a sexual nature with an offender who is in the custody of the State Department of Corrections,
Rehabilitation and Reentry (ADCRR), the Department of Juvenile Corrections, a private prison
facility or a city or county jail or with an offender who is under the supervision of either
Department or a city or county. For the purposes of this subsection, "person" means a person who:
• Is employed by ADCRR or the Department of Juvenile Corrections.
• Is employed by a private prison facility or a city or county jail.
• Contracts to provide services with ADCRR, the Department of Juvenile Corrections, a private
prison facility or a city or county jail.
• Is an official visitor, volunteer or agency representative of ADCRR, the Department of Juvenile
Corrections, a private prison facility or a city or county jail.
14.2. This section does not apply to a person who is employed by ADCRR, a private prison facility or a
city or county jail or who contracts to provide services with ADCRR, a private prison facility or a
city or county jail or an offender who is on release status if the person was lawfully married to the
prisoner or offender on release status before the prisoner or offender was sentenced to ADCRR or
was incarcerated in a city or county jail.
14.3. Unlawful sexual conduct with an offender who is under fifteen years of age is a class 2 felony.
Unlawful sexual conduct with an offender who is between fifteen and seventeen years of age is a
class 3 felony. All other unlawful sexual conduct is a class 5 felony.
14.4. Unlawful sexual conduct; correctional facilities; classification; Definition A.R.S. §13-1419.
15.
Federal Prison Rape Elimination Act 2003
The Contractor shall comply with the Federal Prison Rape Elimination Act of 2003, and all applicable
standards. The Contractor shall adopt and comply fully with the standards of PREA.
16.
Assignment and Delegation
SPECIAL TERMS AND CONDITIONS
ADCRR Agreement No. 22-155-27
Neither party may assign any rights hereunder without the express, written, prior consent of both parties.
17.
Non-Availability of Funds
In accordance with ARS § 35-154, every payment obligation of the State under the Contract is conditioned
upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not
allocated and available for the continuance of this Contract, this Contract may be terminated by the State
at the end of the period for which funds are available. No liability shall accrue to the State in the event
this provision is exercised, and the State shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
18.
Audit of Records
In accordance with A.R.S. § 35-214, the MCSO shall retain and shall contractually require each
subcontractor to retain all data, books and other records (“records”) relating to this Agreement for a period
of five years after completion of the Contract. All records shall be subject to inspection and audit by the
State at reasonable times. Upon request, the MCSO and subcontracted providers shall produce the original
of any or all such records.
19.
Cancellation for Conflict of Interest
In accordance with A.R.S. § 38-511, State may within three years after execution cancel the Contract,
without penalty or further obligation, if any person significantly involved in initiating, negotiating,
securing, drafting or creating the Contract on behalf of the State, at any time while the Contract is in effect,
becomes an employee or agent or any other party to the Contract in any capacity or a consultant to any
other party of the Contract with respect to the matter of the Contract.
20.
Non-Discrimination
In accordance with ARS § 41-1461, et seq, MCSO shall provide equal employment opportunities for all
persons, regardless of race, color, creed, religion, sex, age, national origin, disability or political affiliation.
Contractor shall comply with the Americans with Disabilities Act.
21.
Third Party Antitrust Violations
Each party assigns to the State any claim for overcharges resulting from antitrust violations to the extent
that such violations concern materials or services supplied by third parties to either party toward
fulfillment of this Agreement.
22.
Applicable Law
In accordance with ARS § 41-2501, et seq, and AAC R2-7-101, et seq, Contract shall be governed and
interpreted by the laws of the State of Arizona and the Arizona Procurement Code.
Entire Agreement
This Agreement contains the entire understanding of the parties hereto. There are no representations or
provisions other than those contained herein, any amendment or modification of this Agreement.
23.
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
SPECIAL TERMS AND CONDITIONS
ADCRR Agreement No. 22-155-27
are incidental to the performance of the agreement. This provision applies to work performed by
subcontractors at all tiers.
24.
Government Procurement; E-Verify Requirement A.R.S. §41-4401
In accordance with ARS § 41-4401, Contractor warrants compliance with all Federal Immigration laws
and regulations relating to employees and warrants its compliance with A.R.S. § 23-214, Subsection A.
25.
Insurance
Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as
"Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of
any person (including death) or property damage, but only to the extent that such Claims which result in
vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct,
or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of
Arizona, (State Agency) is self-insured per A.R.S. 41-621.
26.
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 right and
obligations of the Parties shall be only those expressly set forth in this Agreement.
27.
Parties acknowledge that under this Agreement no employee or participant of the ADCRR is to be
considered a County employee, and that no rights of County merit, County retirement, or County personnel
rules shall accrue to such individual. ADCRR shall have total responsibility for all salaries, wages,
bonuses, retirement, withholdings, workman's compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto
concerning such individuals and shall save and hold MCSO harmless with respect thereto.
28.
Notices
All notices under this Agreement given by either party to the other shall be in writing and shall be delivered
in person, sent by U.S. Postal Service, postage prepaid, by email and addressed to the following
individuals:
Maricopa County Sheriff’s Office
Attn: Captain Jennifer Perks
2627 South 35th Avenue
Phoenix, AZ 85009
Phone: (602) 876-5745
Email: J_Perks@mcso.maricopa.gov
Rehabilitation and Reentry
Attn: Denel M. Pickering, Chief Procurement Officer
1645 W. Jefferson
Phoenix, Arizona 85007
Phone: (602) 364-3786
Email: Dpickering@azadc.gov
Authorized Signatures
ADCRR Agreement No. 22-155-27
This IGA is effective when signed by the Parties. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall constitute the same
instrument. Faxed, copied, electronic and scanned signatures are acceptable as original signatures.
IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement.
Maricopa County Board of Supervisors:
Arizona Department Corrections,
Rehabilitation, and Reentry:
_________________________________
_________________________________
Bill Gates
Signature of Authorized Individual
Chairman
ATTEST:
Name: Denel M. Pickering
_________________________________
_________________________________
Juanita Garza
Title: Chief Procurement
Clerk of the Board
Date:_______________
Date:______________
Approved as to form:
_________________________________
Deputy County Attorney Date
Maricopa County Sheriff’s Office
_________________________________
Paul Penzone
Date
Sheriff