IGA RE EVIT - COMMUNITY SOLUTIONS FUNDS.PDF

East Valley Institute of Technology District 401 
Page 1 of 14 
 
 
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND  
EAST VALLEY INSTITUTE OF TECHNOLOGY DISTRICT 401 
 
Agreement Number:  C-22-25-009-X-00 
Agreement Amount: $150,000 
Agreement Start Date: August 21, 2024  
Agreement Termination Date: December 31, 2024 
 
1.0 
PARTIES 
This financial Intergovernmental Agreement (“Agreement”) is between East Valley Institute 
of Technology, District 401, a public, career and technical education district (CTED), 
(“EVIT”) and Maricopa County (“County”) administered by its Human Services Department, 
(“Department”), The County and EVIT collectively are referred to as the “Parties” and 
individually as the “Party.” 
 
2.0 
PURPOSE 
Through this Agreement, the County will support the establishment of HopeTech, EVIT’s 
on-site facility for young adults in foster care. The County shall provide EVIT with 
Community Solutions Funds (CSF) that will assist youth transitioning out of the Foster Care 
system. Young Adults transitioning out of the system will have a new, safe home to live in 
while receiving career-technical training at EVIT. CSF are primarily intended to cover the 
cost of initiatives that carry the potential of advancing Maricopa County’s Strategic Goals 
and provide a clear public benefit for Maricopa County residents. The associated Maricopa 
County Strategic Goal is: Regional Services. 
 
3.0 
TERM OF AGREEMENT 
3.1 
The term of this Agreement is from August 21, 2024 through December 31, 2024. 
3.2 
This Agreement may be extended upon approval by both Parties, with the condition 
EVIT is in compliance with the terms and conditions of this Agreement and the 
extension is processed as listed in Section 4.0 below. 
3.3 
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.

East Valley Institute of Technology District 401 
Page 2 of 14 
5.0 
ADMINISTRATIVE CHANGE ORDERS 
5.1 
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: 
5.1.1 
Modifications to the project timeline if the last day of the project timeline is 
within the Agreement term; 
5.1.2 
Modifications to Budget line items if the Agreement Amount remains 
unchanged; 
5.1.3 
Modifications required by federal, state, or County regulations, ordinances, 
or policies; and/or 
5.1.4 
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. 
 
6.0 
FUNDING 
The County shall provide EVIT with $150,000 in Board of Supervisors’ Community Solutions 
Funding (CSF), pursuant to A.R.S. 42-17106(B), authorize the appropriation adjustments to 
the FY 2025 budget. 
 
7.0 
AVAILABILITY OF FUNDS 
7.1 
This Agreement and the Parties’ obligations under it shall become effective when 
funds assigned for the purpose of compensating EVIT 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 EVIT fully 
informed as to the availability of funds. 
7.2 
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 may 
amend, suspend, or terminate this Agreement.  
7.3 
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. Furthermore, 
upon termination EVIT shall be released from all pending responsibilities and have 
no further obligation to perform under the Agreement unless expressly provided for 
herein as an obligation that survives termination.  
7.4 
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.  
 
8.0 
EVIT’S RESPONSIBILITIES 
8.1 
EVIT shall procure the following: 
8.1.1 
Furniture & Appliances required to furnish up to 5 apartments with basic 
furnishing and appliances to allow for a reasonably comfortable living 
environment for Youth. 
8.1.2 
Transportation items that will allow of ease of accessing 65+ acres of EVIT 
property and transporting Youth to appointments and trainings. 
8.1.3 
Recreational courts and equipment which will allow Youth with opportunities 
to participate in physical activities.

East Valley Institute of Technology District 401 
Page 3 of 14 
8.2 
EVIT shall submit reports on the program use of funds to include the number of 
Youth assisted as a result of the County providing funds for HopeTech.  
 
9.0 
COMPENSATION 
9.1 
The Agreement is on a cost reimbursement basis. 
9.2 
Verification of registration in the System for Award Management must be provided, 
before funds can be provided to EVIT. 
9.3 
EVIT shall submit to the County a Request for Reimbursement of all expenditures 
within the Agreement term. Projects or items procured must be completed or 
received by December 31, 2024.  
9.4 
Final Reimbursement Upon Agreement Termination - EVIT shall submit the final 
reimbursement request no later than 10 calendar days after the termination date of 
the Agreement.  
 
10.0 
METHOD OF PAYMENT 
10.1 
EVIT shall submit invoices for project activities to hsdfinance@maricopa.gov  
10.2 
The County shall reimburse EVIT on a net 0 payments standard.  
10.3 
Payment shall be made to EVIT by Accounts Payable through the Maricopa County 
Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) 
process. EVIT must complete the Vendor Registration Form located on the County 
Department of Finance Vendor Registration Web Site: 
https://azdom-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService  
 
11.0 
DISALLOWED COSTS 
11.1 
EVIT shall ensure only items identified in paragraph 8.0 (EVIT’s Responsibilities) 
shall be procured.  
11.2 
EVIT shall follow cost principles as outlined in Office of Management and Budget 
(OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq. 
 
12.0 
TERMINATION 
12.1 
Under A.R.S. § 38-511, the Parties 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 one Party at any time while this Agreement or any extension 
of this Agreement is in effect, is or becomes an employee or agent of any other Party 
to this Agreement in any capacity or consultant to any other party to this Agreement 
with respect to the subject matter of this Agreement. Additionally, pursuant to A.R.S. 
§ 38-511, either Party 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 one Party from the other Party to this Agreement arising 
as the result of this Agreement. A cancellation notice made under this Subparagraph 
shall be effective when the recipient receives a written notice of cancellation unless 
the notice specifies a later date. 
12.2 
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 a Party 
under the Availability of Funds provision). 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 on page 1 of 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. Neither Party

East Valley Institute of Technology District 401 
Page 4 of 14 
shall be liable for any incomplete or additional performance under the Agreement 
unless expressly stated herein as an obligation that survives termination. 
12.3 
The Parties may terminate this Agreement for convenience. The Parties shall agree 
upon the termination conditions including the effective date of the termination. The 
Party initiating the termination shall notify the other Parties in writing stating the 
reasons for such termination. 
 
13.0 
NOTICES 
Notifications and communications concerning this Agreement shall be directed to the 
following: 
 
EVIT: 
Edith Perez 
Chief Financial Officer 
edperez@evit.edu 
1601 West Main Street 
Mesa AZ 85219 
Maricopa County  
Human Services Department 
Jayson Matthews, Interim Director 
Jayson.Matthews@Maricopa.gov  
234 N. Central Avenue 3rd Floor 
Phoenix, AZ 85004 
 
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 
EVIT agrees that no individual performing under this Agreement on behalf of EVIT 
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. EVIT 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. 
14.3 
The County agrees that no individual performing under this Agreement on behalf of 
County may be considered an EVIT agent, employee, or representative and that no 
rights of EVIT civil service, EVIT retirement, or EVIT 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 EVIT with respect to the 
foregoing. 
 
15.0 
GENERAL REQUIREMENTS 
15.1 
The terms of this Agreement shall be construed in accordance with Arizona law and 
the applicable laws and regulations. Any lawsuit arising out of this Agreement shall 
be brought in the appropriate court in Maricopa County, Arizona. 
15.2 
EVIT 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.

East Valley Institute of Technology District 401 
Page 5 of 14 
15.3 
Each Party is an independent contractor in the performance of work and the 
provision under this Agreement and is not to be considered an officer, employee, or 
agent of the other Party. 
15.4 
EVIT shall comply with the regulations prohibiting a conflict of interest. EVIT shall 
not make any payments, either directly or indirectly, to any person, partnership, 
corporation, trust, or other organization that has a substantial interest in EVIT's 
organization or with which EVIT (or any of its directors, officers, owners, trust 
certificate holders, or a relative thereof) has a substantial interest, unless EVIT has 
made full written disclosure of the proposed payments to the County and has 
received written approval for the payments. 
15.5 
For purposes of this provision, the terms "substantial interest" and "relative" shall 
have the meanings prescribed by A.R.S. § 38-502. 
 
16.0 
DISPUTES 
16.1 
Except as may otherwise be provided for in this Agreement, 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. 
Disputes which are not resolved in that time period, shall be submitted in accordance 
with the following formal dispute resolution process. 
16.2 
Notice of the specific grounds of a dispute shall be in writing and filed with the County 
Representative listed in the Notices paragraph, within ten (10) business days from 
the date EVIT knew or should have known of the basis of the dispute. 
16.3 
The County Representative shall respond in writing to EVIT within fourteen (14) 
business days. The decision of the County Representative shall be final and 
conclusive unless, within seven (7) business days after the date EVIT is served with 
the decision, EVIT files a written notice of appeal with the Human Services 
Department Director. 
16.4 
The Department Director shall provide EVIT with a written response within fourteen 
(14) business days following receipt of the notice of appeal. The decision of the 
Director shall be final and not appealable. 
16.5 
Pending a final decision of the Director, EVIT shall diligently proceed with its 
performance of this Agreement in accordance with the County Representative’s 
decision. 
16.6 
In the event EVIT disagrees with the Director’s decision, EVIT shall have every 
existing and future right or remedy available by law or in equity to resolve the  
dispute.   
 
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 
One 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 
EVIT is in receipt of County funds 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,

East Valley Institute of Technology District 401 
Page 6 of 14 
et seq.). EVIT shall comply with 2 C.F.R. 200, Subpart F. Upon completion, such audits shall 
be made available for public inspection. Audits shall be submitted to the County within the 
twelve (12) months following the close of the fiscal year. EVIT shall take corrective actions 
within six (6) months of the date of receipt of audit findings.  
 
20.0 
AUDIT DISALLOWANCES 
20.1 
EVIT shall, upon written notice, reimburse the County for any payments made under 
this Agreement that are disallowed by 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. 
20.2 
If the County determines that a cost for which payment has been made is a 
disallowed cost, then the County will notify EVIT 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 EVIT by the amount of the disallowance or to 
require immediate repayment of the disallowed amount by EVIT issuing a check 
payable to the County. 
 
21.0 
LIMITATION ON LIABILITY 
21.1 
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 EVIT 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 EVIT or any and all of its agents, representatives, officials, 
officers, directors, employees, volunteers, departments, agencies, boards, 
committees, or commissions in connection with this Agreement. 
21.2 
EVIT 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 EVIT 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, officials, officers, directors, employees, 
volunteers, departments, agencies, boards, committees, or commissions in 
connection with this Agreement. 
 
22.0 
GENERAL INDEMNIFICATION 
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other 
Party and its officers, officials, employees, and agents (collectively, “Indemnitees”) 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. The obligations under 
this Section 26 shall survive termination of this Agreement.

East Valley Institute of Technology District 401 
Page 7 of 14 
 
23.0 
INSURANCE 
Each Party is a public entity and shall provide the other Party a Certificate of Self-Insurance 
equal to: 
General Aggregate 
 
$3,000,000  
Each Occurrence Limit 
$1,000,000 
 
24.0 
CLEAN AIR ACT 
This Agreement exceeds $100,000, EVIT 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. 
 
25.0 
LOBBYING 
25.1 
No federal appropriated funds have been paid or will be paid by or on behalf of EVIT 
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 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. 
25.2 
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 EVIT shall complete and submit OMB Form-LLL, titled 
"Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. 
§ 1352. 
 
26.0 
RELIGIOUS ACTIVITIES 
EVIT warrants that none of its costs and none of the costs incurred by EVIT or any of its 
Subcontractors will include any expense for any religious activities. 
 
27.0 
POLITICAL ACTIVITY PROHIBITED 
None of the funds, materials, property, or services contributed by the County or EVIT 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. 
 
28.0 
COVENANT AGAINST CONTINGENT FEES 
EVIT 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. 
 
29.0 
RIGHTS IN DATA 
The Parties shall each 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, except to the 
extent prohibited by law.

East Valley Institute of Technology District 401 
Page 8 of 14 
30.0 
COPYRIGHTS 
If this Agreement results in a book or other written material, the author is free to copyright 
the work, but the Parties reserve 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 as a result of this Agreement. 
 
31.0 
AGREEMENT COMPLIANCE MONITORING/AUDITING 
The County will monitor EVIT's compliance as needed for fiscal and programmatic 
performance under the terms and conditions of this Agreement and applicable regulations 
promulgated by Maricopa 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 EVIT's normal business hours, announced and/or unannounced. For auditing 
purposes, the County shall provide EVIT with 30-days’ advance notice of any proposed on-
site visit. During an on-site visit(s), EVIT shall reasonably 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. 
 
32.0 
MINIMUM WAGE REQUIREMENTS 
EVIT 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. 
 
33.0 
RECOGNITION OF COUNTY SUPPORT 
EVIT shall give recognition to the County and the funding source for its support when EVIT 
publishes materials or releases public information that is paid for in whole or in part with 
funds received by EVIT under this Agreement. 
 
34.0 
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS 
EVIT, 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. EVIT shall include this clause in all its 
Subcontracts. 
 
35.0 
DISABILITY REQUIREMENTS 
EVIT 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. 
 
36.0 
EQUAL EMPLOYMENT OPPORTUNITY 
36.1 
EVIT 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. 
36.2 
EVIT 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,

East Valley Institute of Technology District 401 
Page 9 of 14 
rates of pay or other forms of compensation, and selection for training, including 
apprenticeship. 
36.3 
EVIT shall and shall cause their respective Subcontractors to comply with: 
36.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 
2000a, et seq.); 
36.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 
36.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. 
§§ 621, et seq.); 
36.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); 
and 
36.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that 
all persons shall have equal access to employment opportunities. 
 
37.0 
UNIFORM ADMINISTRATIVE REQUIREMENTS 
By entering into this Agreement, EVIT agree 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. 
 
38.0 
FINANCIAL MANAGEMENT 
EVIT shall establish an accounting system that assures the safeguarding and accountability 
of all money and assets provided under this Agreement. No part of the money deposited in 
the bank account shall be commingled with other funds or money belonging to EVIT. All 
interest earned on the account shall be disbursed in a manner specified by the County in 
accordance with applicable State of Arizona regulations. EVIT shall utilize an accounting 
system in accordance with generally accepted accounting principles. 
 
39.0 
RETENTION OF RECORDS 
39.1 
This provision applies to all financial and programmatic records, property records, 
supporting document, statistical records, and other records of EVIT that are related 
to this Agreement. 
39.2 
EVIT 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, 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. 
39.3 
Property Records - EVIT 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. 
 
40.0 
ADEQUACY OF RECORDS 
If EVIT’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 as 
determined by a court of competent jurisdiction, then EVIT shall reimburse the County for 
the services not supported and documented. 
 
41.0 
IMMIGRATION LAWS AND REGULATIONS 
41.1 
Federal Immigration and Nationality Act 
41.1.1 EVIT understands and acknowledge the applicability of the Immigration 
Reform and Control Act of 1986 (IRCA). EVIT agrees to comply with the

East Valley Institute of Technology District 401 
Page 10 of 14 
IRCA in performing under this Agreement and to permit the County to 
reasonably inspect personnel records to verify such compliance, to the 
extent required by law. 
41.1.2 By entering into this Agreement, EVIT 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. EVIT 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. EVIT 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. 
41.1.3 The County may request verification of compliance for any employee or 
Subcontractor performing work under the Agreement. Should the County 
suspect or find that EVIT 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 EVIT. All 
costs necessary to verify compliance are the responsibility of EVIT or its 
Subcontractor. 
41.2 
Arizona Law: EVIT warrants that it is in compliance with A.R.S. § 41-4401 (e-verify 
requirements) and further acknowledges that: 
41.2.1 That EVIT and their respective Vendors, 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; 
41.2.2 A breach of a warranty under this Subparagraph 41.2.2 shall be deemed a 
material breach of this Agreement and the County may immediately 
terminate this Agreement without liability; and 
41.2.3 The County and any contracting government entity retain the legal right to 
inspect the papers and employment records of EVIT or their respective 
Vendor employees who works on this Agreement to ensure that such Party 
or Vendor is complying with the warranty provided under this Subparagraph 
46.2.3 and that EVIT agrees to make all papers and employment records of 
those employees available during normal working hours in order to facilitate 
such an inspection. 
 
42.0 
DRUG FREE WORKPLACE ACT 
EVIT shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), 
which requires that EVITs 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. 
 
43.0 
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND 
VOLUNTARY EXCLUSION 
43.1 
The undersigned, by signing this Agreement, represents that he/she has the 
authority to bind EVIT to the terms of this Certification. EVIT, 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:

East Valley Institute of Technology District 401 
Page 11 of 14 
43.1.1 Are not presently debarred, suspended, proposed for debarment, declared 
ineligible, or voluntarily excluded from covered transactions by any federal 
department or agency; 
43.1.2 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; 
43.1.3 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 43.1.2 above; and 
43.1.4 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. 
43.2 
EVIT 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. 
 
44.0 
EVIT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM 
EMPLOYEES OF WHISTLEBLOWER RIGHTS: 
44.1 
EVIT agrees that this Agreement and employees working on this Agreement will 
be subject to the whistleblower rights and remedies in the pilot program on EVIT 
employee whistleblower protections 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 
EVIT 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 EVIT and 
copies provided to County upon request; and 
44.3 
EVIT shall insert the substance of this clause, including this Paragraph 44.0, in all 
subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 
 
45.0 
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 
If EVIT engages in for-profit activity and has 10 or more employees, and if this Agreement 
has a value of $100,000 or more, then EVIT 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. 
 
46.0 
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. 
 
47.0 
DEFAULT AND REMEDIES FOR NONCOMPLIANCE 
47.1 
Notwithstanding anything to the contrary, this Section shall not be deleted or 
superseded by any other provision of this Agreement.

East Valley Institute of Technology District 401 
Page 12 of 14 
47.2 
This Agreement may be immediately terminated by a Party if the other Party 
defaults by failing to perform any objective or breaches any obligation under this 
Agreement, or any event occurs that jeopardizes the other Party’s ability to perform 
any of its obligations under this Agreement.  
47.3 
Failure to comply with the requirements of this Agreement and all the applicable 
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: 
47.3.1 Non-performance of any obligations required by this Agreement. 
47.3.2 Noncompliance with any applicable local laws, rules, or regulations. 
47.3.3 Unauthorized expenditure of funds. 
47.3.4 Noncompliance with applicable financial record requirements, accounting 
principles, or standards established by OMB circulars and 2 C.F.R. §§ 200 
et seq. 
47.3.5 Noncompliance with recordkeeping, record retention, or reporting 
requirements. 
47.4 
Notwithstanding the suspension or termination of this Agreement, or the final 
determination of the proper disposition of funds, each Party shall, without intent to 
limit or with restrictions, be subject to the following: 
47.4.1 Acknowledge that suspension or termination of this Agreement does not 
affect or terminate any rights against that 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. 
47.4.2 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. 
47.5 
EVIT 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 federal, state, or local law, rule, or 
regulation; or the breach of any certification or warranty provided in this 
Agreement. 
 
47.5.1 Property Records - EVIT 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. 
 
48.0 
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 
48.1 
EVIT warrants and certifies that it does not currently, and agrees for the duration 
of the agreement that it will not, use: 
48.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 
48.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in 
the People’s Republic of China.

East Valley Institute of Technology District 401 
Page 13 of 14 
48.1.3 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. 
48.2 
If EVIT becomes aware during the term of the Agreement that EVIT is not in 
compliance with this paragraph, EVIT shall notify the County within five business 
days after becoming aware of the noncompliance. Failure of EVIT to provide a 
written certification that EVIT 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. 
 
49.0 
FORCE MAJEURE 
49.1 
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. 
49.2 
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. 
49.3 
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. 
 
 
[Signatures contained on the following page]

East Valley Institute of Technology District 401 
Page 14 of 14 
 
IN WITNESS, the Parties have approved and signed this Agreement: 
 
APPROVED BY: 
EAST VALLEY INSTITUTE OF 
TECHNOLOGY DISTRICT 401 
 
 
___________________________________ 
Superintendent                             Date 
APPROVED BY:  
MARICOPA COUNTY 
 
 
 
____________________________________ 
Jack Sellers, Chairman                         Date 
Board of Supervisors 
 
 
 
Attested to: 
 
 
 
 
 
 
 
 
 
Juanita Garza, Clerk of the Board         Date 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
Attorney for EVIT                                Date 
IN ACCORDANCE WITH A.R.S. §§ 11-201, 
11-251, AND 11-952, THIS AGREEMENT HAS 
BEEN REVIEWED BY THE UNDERSIGNED 
ATTORNEY WHO HAS DETERMINED THIS 
AGREEMENT IS PROPER IN FORM AND 
WITHIN THE POWERS AND AUTHORITY 
GRANTED TO MARICOPA COUNTY UNDER 
THE LAWS OF THE STATE OF ARIZONA. 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
Deputy County Attorney       Date