MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT RE IGA ALL-STAFF MEETING.PDF
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Page 1 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT DBA MARICOPA CORPORATE COLLEGE County Contract #: Agreement Amount: $14,400.00 Agreement Start Date: June 1, 2026 Agreement Termination Date: May 30, 2027 1.0 PARTIES This financial Intergovernmental Agreement (“Agreement”) is entered into between Maricopa County Community College District DBA Maricopa Corporate College (“Contractor”) and Maricopa County administered by its Human Services Department (the “County”). The County and the Contractor shall be collectively referred to in this Agreement as the (“Parties”) and individually as (“Party.”) 2.0 PURPOSE 2.1 The Contractor shall provide the County with training to: strengthen employee knowledge, skills, and collaboration through the development and delivery of interactive breakout sessions at the Human Services Department All Staff Meeting on June 25, 2026. These sessions will support professional growth, enhance service delivery practices, and promote a shared understanding of key departmental priorities and initiatives. 2.2 The Contractor shall work to design, coordinate, and facilitate high-quality breakout session content that aligns with the goals of the Human Services Department All Staff Meeting; collaborate with County representatives to ensure training topics meet organizational needs; and deliver engaging, interactive learning experiences that promote staff development and enhance service excellence. 2.3 The training will satisfy the County’s need for professional development that reinforces and advances the Human Services Department’s Mission, Vision, and Values by equipping staff with the knowledge, skills, and shared understanding necessary to deliver high-quality, community-focused services during the 2026 All Staff Meeting. 3.0 RESPONSIBILITIES OF ORGANIZATIONS 3.1 The County shall: 3.1.1 Provide the Contractor with all relevant information regarding the Human Services Department All Staff Meeting, including event objectives, breakout session themes, anticipated attendance, and logistical requirements. 3.1.2 Assign a staff member to serve as the primary liaison for coordination, communication, and approval of training content and session plans. 3.1.3 Secure the venue, schedule breakout session times, and ensure appropriate room assignments, seating, and accessibility accommodations for all participants. 3.1.4 Make available any required audiovisual equipment, internet access, presentation tools, and other materials needed for the Contractor to deliver the training if able. 3.1.5 Review proposed training content and provide timely feedback to ensure alignment with the department’s Mission, Vision, and Values. 3.1.6 compensate the Contractor for services rendered as outlined in the agreement, following applicable County financial procedures. 3.1.7 provide on‑site support during the event, including staff assistance for room setup, attendee flow, and troubleshooting logistical issues. Page 2 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 3.2 The Contractor shall: 3.2.1 Design and prepare breakout session curricula, materials, and activities that support the Human Services Department’s Mission, Vision, and Values. 3.2.2 Collaborate with the County’s designated point of contact to confirm training topics, session structure, and alignment with event goals. 3.2.3 Provide professional, engaging, and interactive breakout sessions during the Human Services Department All Staff Meeting on June 25, 2026, as identified in the Statement of Work to be incorporated into the Agreement by Addendum, upon final approval by the Parties. 3.2.4 Ensure that all trainers and facilitators assigned to the event possess the necessary expertise, experience, and credentials to deliver the agreed‑upon content. 3.2.5 Furnish County any handouts, digital resources, or instructional materials required for participants, unless otherwise agreed upon by both parties. 3.2.6 Adhere to all mutually established deadlines for content development, review, and delivery. 3.2.7 Follow all applicable County policies, procedures, and event‑site requirements, including accessibility, safety, and conduct standards. 3.2.8 Provide a brief summary of session outcomes, participant engagement, or recommendations for future training, if requested by the County. 4.0 TERM OF THE AGREEMENT The term of this Agreement shall start and terminate on the dates listed on page 1 of this Agreement. The Agreement shall become effective upon approval and signature by both Parties. 5.0 RENEWAL This Agreement may be renewed by a written amendment, provided the Parties are in agreement to renew the Agreement. In Accordance with ARS 11-952, the agreement may be extended as many times as is desirable, but each extension may not exceed the duration of the previous agreement. The County shall notify the Contractor in writing of its intent to extend the Agreement term at least thirty (30) calendar days prior to the expiration of the original contract term, or any additional terms thereafter. 6.0 AMENDMENTS All amendments to this Agreement shall be in writing and signed by authorized signers for both Parties. 7.0 TERMINATION 7.1 Under A.R.S. § 38-511, the County may cancel this Agreement without penalty or further obligation within three years after execution of this Agreement if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County is, at any time while this Agreement or any extension of this Agreement is in effect, an employee or agent of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. Additionally, under A.R.S § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County from any other party to this Agreement arising as the result of this Agreement. 7.2 Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60) calendar days’ prior notice in writing (unless terminated by the County Board of Supervisors under Section 9.0 (Availability of Funds)). The notice shall be given by either personal delivery or registered/certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth in Section 13.0 (Notices) of this Agreement. Page 3 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 7.3 This Agreement may be terminated by mutual written agreement of the Parties. The written agreement shall specify the termination date. 7.4 The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the County determines that the health or welfare of the service recipients are endangered, or the Contractor’s non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, then this Agreement shall terminate upon the expiration of the term of this Agreement stated on the page 1 of this Agreement or expiration of any extended term described in this Section 7.0. 7.5 Upon termination or cancellation of this Agreement, all property, if any, shall be returned to or retained by the purchasing Party. 8.0 ADMINISTRATIVE CHANGE ORDERS 8.1 The Director of the Human Services Department is authorized upon the recommendation of 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: 8.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 8.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 8.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 8.1.4 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. 9.0 AVAILABILITY OF FUNDS Should the County determine that funds are not available for continuing the services, the County may cancel this Agreement. Performance by the Parties under this Agreement is conditioned upon the availability of funds appropriated, allocated, or granted for performance. If funds are not available for the continuance of this Agreement, then this Agreement may be terminated by either Party at the end of the period for which funds are available. No liability shall accrue to either Party in the event of such termination, and neither Party shall be obligated or liable for any future performance, payments, or any damages as a result of termination under this paragraph. 10.0 FUNDING 10.1 Funding for this Agreement is provided by Maricopa County Fiscal Year 2026 General Funds, funds to be fully expended by June 30, 2026. 10.2 Funding shall not exceed $14,400 per the contract period identified on page 1 of this Agreement. 10.3 The County will provide payment to Contractor based on completion of facilitation of each breakout session as identified in the Scope of Work deliverables. 11.0 METHOD OF PAYMENTCOMPENSATION 11.1 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. 11.2 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. The fiscal year runs July 1st through June 30th, and all Requests for Reimbursement shall be submitted no later than July 15th for the preceding fiscal year. 11.3 The Contractor shall submit invoices to hsdfinance@maricopa.gov. Page 4 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 11.4 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. 11.5 The County shall reimburse the Contractor on a net 0 payments standard. 11.6 The Contractor shall submit the final reimbursement request no later than 10 calendar days after the termination date. 12.0 DATE AND LOCATION WHERE SERVICES WILL BE PROVIDED Thursday June 25, 2026, at Desert Willow Conference 4340 E. Cotton Center Blvd, Phoenix, AZ 85040. 13.0 NOTICES Notifications and communications concerning this Agreement shall be directed to the following: Maricopa County Human Services Department Workforce Development Division Jared Beard, Assistant Director 234 North Central Avenue. - 3rd Floor Phoenix, Arizona 85004 Phone: (623) 280-7487 jared.beard@maricopa.gov Maricopa County Community College District Corporate College Jason Weinstein 2411 West 14th Street Tempe, AZ 85281 Phone: 480-377-2702 jason.weinstein@domail.maricopa.edu 14.0 EMPLOYMENT DISCLAIMER 14.1 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. 14.2 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. 15.0 DISPUTES 15.1 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. 15.1.1 The Contractor shall notify the Department Director in writing of dispute. 15.1.2 The Director shall respond in writing to the Contractor within fourteen (14) business days. 15.1.3 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. 15.1.4 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. 15.1.5 If a dispute is not resolved, the Parties may opt to: 15.1.5.1 Obtain input from the respective Legal entity, or 15.1.5.2 Terminate the Agreement. Page 5 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 16.0 SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by either Party of any information concerning an applicant for, or recipient of, service under this Agreement is directly limited to the conduct of this Agreement. The Contractor and its agents shall safeguard the confidentiality of this information, just as they would safeguard their own confidential information. 17.0 GENERAL INDEMNIFICATION Each Party (as “Indemnitor”) shall be responsible for any and all claims, losses, liability, costs, or expenses (including reasonable attorney and expert fees) (“Claims”) arising out of bodily injury (including death) of any person or property damage, but only to the extent that such Claims that result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and its departments, agencies, boards, commissions, officers, officials, agents, representatives, employees, or volunteers. 18.0 COMPLIANCE WITH APPLICABLE LAWS 18.1 Each Party shall comply with all applicable laws, ordinances, resolutions, executive orders, rules, regulations, standards, and codes of the federal, state, and local governments whether specifically referenced in this Agreement. Specifically, the following apply: 18.1.1 Unless exempt under federal law, each Party shall comply with Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and State Executive Order No. 75-5, as amended by Executive Order 2009-09, which mandates that all persons, regardless of race, color, religion, sex, age, national origin, or political affiliation, shall have equal access to employment opportunities. The Parties shall comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination in the employment of qualified persons because of physical or mental disability. Each Party shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended. 18.1.2 Each Party shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the denial of benefits of, or participation in, contract services on the basis of race, color, or national origin. Each Party shall comply with the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of disability, in delivering contract services; and with Title II of the Americans with Disabilities Act, and the Arizonans with Disabilities Act, which prohibits discrimination on the basis of physical or mental disabilities in the provision of contract programs, services, and activities. 18.1.3 Each Party shall not discriminate upon the basis of race, color, creed, religion, ancestry, national origin, sex, gender, sexual orientation, gender identity, disability, age, marital status or status with regard to the benefits of, or participation in, or use of the programs, services, and activities. 18.2 FEDERAL IMMIGRATION AND NATIONALITY ACT The Parties understand and acknowledge the applicability of the Immigration Reform and Control Act of 1986 (IRCA). The Parties agree to comply with the IRCA in performing under this Agreement and to permit the other Party to inspect personnel records to verify such compliance. 18.2.1 By entering into this Agreement, each Party warrants 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. These warranties shall remain in effect through the term of the Agreement. The Parties 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. Page 6 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 18.2.2 The Parties may request verification of compliance for any employee performing work under the Agreement. Should either Party suspect or find that the other Party is not in compliance, then the Party may pursue all remedies allowed by law, including, but not limited to: suspension of work, termination of this Agreement for default, and suspension or debarment (or both) of the other Party. All costs necessary to verify compliance are the responsibility of the requesting Party. 18.3 COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401 The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges that: 18.3.1 The Contractor and its Vendors, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employment and their compliance with A.R.S. § 23-214; 18.3.2 A breach of the warranties provided under this Section 18.3 shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability; and 18.3.3 The County retains the legal right to inspect the papers and employment records of any Contractor and Vendor employee who works on this Agreement to ensure that the Contractor or Vendor is complying with the warranties provided under this Section 18.3, and the Contractor agrees to make all papers and employment records of such employee(s) available during normal working hours in order to facilitate such an inspection. 18.3.4 The laws, ordinances, resolutions, executive orders, rules, regulations, standards, and codes of the State of Arizona and Maricopa County shall govern the rights of the Parties. Any action relating to this Agreement shall be brought in the courts of the State of Arizona. 19.0 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/Molestations $2,000,000 20.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies that, to the best of its knowledge and belief it and its directors, officers, officials, agents, representatives, employees, and volunteers: 20.1 Are not presently debarred, suspended, proposed for debarment, or declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 20.2 Have not within a three-year period been convicted of or had a civil judgment rendered against them for 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; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 20.3 Are not presently indicted for, or otherwise criminally or civilly charged by, a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in the paragraphs above; and 20.4 Have not within a three-year period had one or more public transactions (federal, state, or local) terminated for cause or default. Page 7 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 21.0 ASSIGNABILITY AND SUBCONTRACTING No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or subcontracted, in whole or 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 approves the assignment, delegation, or subcontract or agrees otherwise. 22.0 RIGHTS/OBLIGATIONS OF PARTIES ONLY The terms of this Agreement are intended only to define the respective rights and obligations of the Parties. Nothing in this Agreement shall create any rights or duties in favor of any potential third-party beneficiary or other person, agency, or organization. Nothing in this Agreement shall affect the legal liabilities of either Party by imposing any standard of care different from the standard of care imposed by law. 23.0 ENTIRE AGREEMENT This Agreement contains the entire understanding of the Parties. There are no representations or other provisions besides those contained in this Agreement or in any written amendments approved and signed by both Parties. 24.0 SEVERABILITY The Parties agrees that should any part of this Agreement be held invalid or void, the remainder of this Agreement shall remain in full force and effect and shall be binding on the Parties. 25.0 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. 26.0 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. 27.0 LIMITATION OF LIABILITY 27.1 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. 27.2 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 contracts made by the County or any and all of its agents, representatives, Page 8 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions in connection with this Agreement. 28.0 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. 29.0 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. 30.0 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. 31.0 RELIGIOUS ACTIVIES 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. Page 9 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 36.0 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. 37.0 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. 38.0 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. 39.0 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. 40.0 EQUAL EMPLOYMENT OPPORTUNITY 40.1 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. 40.2 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. 40.3 The Contractor shall and shall cause its Subcontractors to comply with: 40.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 40.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 40.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); 40.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and 40.3.5 Arizona Executive Order 2009-09, as amended, which mandates that all persons shall have equal access to employment opportunities. 41.0 RETENTION OF RECORDS 41.1 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. 41.2 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 10 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 42.0 IMMIGRATION LAWS AND REGULATIONS 42.1 Federal Immigration and Nationality Act 42.1.1 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. 42.1.2 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. 42.1.3 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. 42.2 Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e- verify requirements) and further acknowledges that: 42.2.1 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; 42.2.2 A breach of a warranty under this Subparagraph 42.2 shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability; and 42.2.3 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 42.2 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. 43.0 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. 44.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: 44.1 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; 44.2 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 Page 11 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT employee notification must be kept on file by the Contractor, and copies provided to County upon request; and 44.3 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). 45.0 FORCE MAJEURE 45.1 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 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. 45.2 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. 45.3 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. 46.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 46.1 The Contractor warrants and certifies that it does not currently, and agrees for the duration of the contract that it will not, use: 46.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China 46.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China or 46.1.3 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. 46.2 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. 47.0 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. 48.0 EXECUTION OF AGREEMENT/COUNTERPARTS This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall form a single instrument. Page 12 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 49.0 AUTHORIZATION Each Party warrants to the other Party that the appropriate governing body of the Party has authorized approval and signature of this Agreement. 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 WRITTEN CERTIFICATION IN ACCORDANCE WITH 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 engaging in and agrees for the duration of this Agreement not to engage in, a boycott of goods or 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. Signatures are contained on the following page Page 13 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT IN WITNESS, the Parties have approved and signed this Agreement: APPROVED BY: MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT _______________________________________ Kimberly B. Granio Date Vice Chancellor, Business Services/CFO APPROVED BY: MARICOPA COUNTY: _______________________________________ Kate Brophy McGee Date Chair, Board of Supervisors Attested to: _______________________________________ Juanita Garza, Clerk of the Board Date The undersigned legal counsel has reviewed this Agreement and determined that it is in proper form. The undersigned legal counsel has reviewed this Agreement and determined that, in accordance with A.R.S. §§ 11-201, 11-251, and 11-952, it is in proper form and within the power and authority granted to the County under the laws of the State of Arizona. Approved as to form _____________________________________ James H. Curtin Date Sr. Associate General Counsel Approved as to form: _______________________________________ Deputy County Attorney Date Page 14 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT ADDENDUM TO AGREEMENT SCOPE OF WORK Page 15 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT Page 16 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT Page 17 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT Page 18 of 18 MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT