AGREEMENT WITH AZ SCIENCE CENTER.DOCX

Maricopa County — Special (2020-12-22)

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Agreement with Arizona Science Center
1
CONTRACT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
ARIZONA SCIENCE CENTER
Contract Not-To Exceed: $40,000   
Contract Start Date: March 1, 2020
Contract Termination Date: December 30, 2020
1.0
PARTIES
1.1
This Contract is a financial agreement (“Agreement”) between the Arizona Science 
Center, a non-profit organization (hereafter referred to as “Recipient”) and 
Maricopa County administered by its Human Services Department, (collectively 
referred to as the “County”). 
1.2
Recipient and the County are collectively referred to herein as the “Parties” and 
individually as “Party.”
1.3
Maricopa County is authorized to enter into this Agreement under A.R.S. §§ 11-
201, 11-254.04.
1.4
The Recipient submitted an application for funding to address items identified in 
Section 2.0 Purpose. All rights and obligations of the Parties shall be governed by 
the terms of this Agreement, its exhibits, attachments, and appendices, including 
any Subcontracts, Amendments, or Change Orders as set forth herein.
2.0
PURPOSE
The purpose of the Agreement is to provide relief funds to nonprofits who have been 
impacted by COVID-19. The Recipient shall utilize funding to retrofit the Arizona Science 
Center (“Center”), located at 600 E Washington Street Phoenix AZ 85004, to ensure safety 
measures are installed to mitigate the spread of COVID-19 in the Center. The Recipient 
shall install the following measures:
2.1
Retrofitting workstations with plexiglass shields;
2.2
Install sanitizing stations;
2.3
Purchasing re-usable masks for staff;
2.4
Purchasing disposable mask for visitors;
2.5
Developing new educational exhibit about pandemics;
2.6
Hiring additional cleaning and security staff;
2.7
Other measures directly related to the prevention of COVID-19 in the facility. 
3.0
TERM
3.1
The Agreement shall be retroactive from March 1, 2020 through December 30, 
2020.
4.0
ADMINISTRATIVE CHANGE ORDERS
4.1
The Chairman of the Board of Supervisors is authorized to make changes upon 
the recommendation of the Human Services Department Director and Legal 
Counsel within the general scope or location of the Agreement on behalf of the 
County through Administrative Change Orders approved and fully executed by the 
Parties.

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5.0
AMENDMENTS
5.1
All Amendments to this Agreement shall be in writing and signed by authorized 
signers for both Parties.
6.0
TERMINATION 
6.1
The Parties may mutually or unilaterally terminate or cancel this Agreement after 
providing the appropriate notice, as defined in the following subsections. 
6.2
Generally, termination shall become effective after at least sixty (60) calendar days 
prior written notice delivered by personal delivery or registered or certified mail, 
postage prepaid and return receipt requested, to the persons at the addresses set 
forth in the Notice section of this Agreement (“General Termination Notice”). 
6.3
The County has the right to terminate the Agreement upon twenty-four (24) hour 
notice when the County determines that the health or welfare of County employees 
or Service Recipients are endangered, or the Recipient’s non-compliance 
jeopardizes funding source financial participation. Notice under this term shall occur 
in the same manner as required under Termination Notice, at Section 6.2, above. 
6.4
See also, the Availability of Funds, Section 9, for additional termination provisions.
6.5
Pursuant to A.R.S. § 38-511, a Party may cancel this Agreement at any time without 
penalty or further obligation within three years after execution of the contract if any 
person significantly involved in initiating, negotiating, securing, drafting or creating 
the contract on behalf of that party is at any time while the Agreement or any 
extension of the Agreement is in effect, an employee or agent of any other party to 
the Agreement in any capacity or consultant to any other party of the Agreement 
with respect to the subject matter of the Agreement. Cancellation pursuant to § 35-
511 is effective when written notice from the cancelling Party is received by the other 
Party, unless the notice specifies a later time (“Conflict Cancellation Notice”). Notice 
under this term shall occur in the same manner as required under Termination 
Notice, at Section 6.2, above. Additionally, pursuant to A.R.S § 38-511, the 
cancelling Party may recoup any fee or commission paid or due to any person 
significantly involved in initiating, negotiating, securing, drafting or creating the 
contract on its behalf from any other Party to the contract arising as the result of the 
Agreement.
6.6
If not terminated or cancelled pursuant to one of the above terms, the Agreement 
shall terminate upon the expiration of the Term of this Agreement.
7.0
FUNDING
7.1
The County shall provide the Recipient with a not to exceed amount of $40,000. 
The funding allocation is provided by the Coronavirus Aid, Relief, and 
Economic Security (CARES) Act, Public Law 116-136 funds provided to 
Maricopa County through the Coronavirus Relief Funds, CFDA number 
21.019. 
7.2
Upon execution of this contract, the County shall provide up to $40,000 to the 
Recipient based on the receipt of eligible paid expenditures for the items 
identified in Section 2.0 Purpose.
8.0
AVAILABILITY OF FUNDS
8.1
The provisions of this Agreement relating to the payment for services shall become 
effective when funds assigned for compensating the Recipient, as provided herein, 
are actually available to the County for disbursement. Notwithstanding any other 
provision in this Agreement, every payment obligation of the Parties under this 
Agreement is conditioned upon the availability of funds appropriated and allocated 
for the payment of such obligation. If funds are not appropriated, allocated and

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3
available or if the appropriation is changed by the appropriating body resulting in 
funds no longer being available for the continuance of this agreement, this 
Agreement may be terminated by the affected Party or any other affected agency 
of the County or State at the end of the period for which funds are available. No 
liability shall accrue to the affected Party or any other affected agency of the County 
or State in the event this provision is exercised, and neither the affected Party nor 
any other affected agency of the County or State shall be obligated or liable for any 
future payments or for any damages due to termination under this paragraph.
8.2
The County shall be the sole authority in determining the availability of funds under 
this Agreement and the County shall keep the Recipient fully informed as to the 
availability of funds.
8.3
If any action is taken by any State agency, federal department or any other agency 
or instrumentality to suspend, decrease or terminate its fiscal obligation under, or 
in connection with this agreement, the County may amend, suspend, decrease or 
terminate its obligations under or in connection with this Agreement. In the event of 
termination, the County shall be liable for payment only for services rendered prior 
to the effective date of the termination, provided that such services performed are 
in accordance with the provisions of this Agreement. The County shall give written 
notice of the effective date of any suspension, amendment, or termination under 
this section at least ten (10) calendar days in advance.
9.0
RIGHTS IN DATA
The Parties shall have the use of all project 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 hereunder.
10.0
AGREEMENT COMPLIANCE MONITORING
The County shall monitor the Recipient's compliance with, and performance under, the 
terms and conditions of this Agreement. On-site visits for compliance monitoring may be 
made by the County and/or its grantor agencies at any time during the Recipient's normal 
business hours, announced or unannounced. During an on-site visit, the Recipient shall 
make all of its records and accounts related to work performed and services provided under 
this Agreement available to the County for inspection and copying.
11.0
AUDIT REQUIREMENTS
11.1
In accordance with A.R.S. § 11-624, the Recipient shall, at its own expense, file with 
the County, either:
11.1.1 Audited financial statements prepared in accordance with federal single audit 
requirements; or,
11.1.2 Financial statements prepared in accordance with generally accepted 
accounting principles audited by an independent certified public accountant. 
12.0
NOTICES
For Maricopa County:
Human Services Department
Jacqueline Edwards, Deputy Director
234 North Central Avenue, 3rd Floor
Phoenix, AZ 85004
602-506-4812
Jacqueline.Edwards@Maricopa.gov 
Arizona Science Center:
Diana Feldman & Dean Briere, Co-Interim 
Directors
600 E. Washington St.
Phoenix, AZ 85004 
feldmand@arizonascience.org

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13.0
RECOGNITION OF COUNTY SUPPORT
13.1
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 supporting the services under this 
Agreement.
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 between the Parties, and the rights and 
obligations of the Parties shall be only those expressly set forth in this Agreement.
14.2
Each Party agrees that no individual performing under this Agreement on behalf 
of the Party may be considered an agent, employee, or representative of the other 
Party, and that no rights reserved for a Party shall accrue to or apply to any such 
individual operating on behalf of the other Party. Each Party 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 each Party’s own agents, employees, or representatives. 
15.0
SAFEGUARDING OF PARTICIPANT INFORMATION
15.1
The Recipient shall observe and abide by all applicable State of Arizona and federal 
statues, rules and regulations regarding the use or disclosure of information 
including, but not limited to, information concerning applicants for and recipients of 
contracted services. To the extent permitted by law, the Recipient shall release 
information to the County, and to the Attorney’s General’s Office as required by the 
terms of this Agreement, by law or upon their request. 
15.2
The Recipient shall comply with the requirements of the Arizona Address 
Confidentiality Program, A.R.S. § 41-161 et. seq. The County will advise the 
Recipient as to applicable policies and procedures adopted for such compliance.
15.3
The use or disclosure by any Party of any information concerning an applicant for, 
or recipient of, services under this Agreement is directly limited to the conduct of this 
Agreement. The Recipient and its agents shall safeguard the confidentiality of this 
information, just as the Recipient would safeguard its own confidential information. 
The Recipient shall include a clause to this effect in all subcontracts related to this 
Agreement. 
16.0
INDEMNIFICATION
To the extent permitted by law, the Recipient shall, and shall cause any of its officers, 
employees, representatives, agents, contractors, or subcontractors to, indemnify, defend 
save and hold harmless the County and any jurisdiction or agency issuing any permits for 
any work arising out of this Agreement, and their respective directors, officers, officials, 
agents, and employees (hereinafter referred to as “Indemnitee”), from and against any 
and all claims, actions, liabilities, damages, losses, or expenses (including court costs, 
attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter 
referred to as “Claims”) for bodily injury or personal injury (including death), or loss or 
damage to tangible or intangible property caused, or alleged to be caused, in whole or in 
part, by the negligent or willful acts or omissions of Recipient and any of its subcontractors, 
or any of the directors, officers, agents, or employees of Recipient and any of its 
subcontractors. This indemnity includes, but is not limited to, purchases or contracts made 
by Recipient, and, any claims or amounts arising out of or recovered under the Workers’

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Compensation Law or arising out of the failure of the Recipient or any of its Subcontractors 
to conform to any federal, state or local law, statute, ordinance, rule, regulation or court 
decree. It is the specific intention of the Parties that the Indemnitee shall, in all instances, 
except for Claims arising solely from the negligent or willful acts or omissions of the 
Indemnitee, be indemnified by the Recipient and any of its Subcontractors from and 
against any and all claims. It is agreed that the Recipient and any of its Subcontractors 
will be responsible for primary loss investigation, defense and judgment costs where this 
indemnification is applicable.
17.0
INSURANCE
17.1
The Recipient, shall purchase and maintain the herein stipulated minimum 
insurance from a company or companies duly licensed by the State of Arizona and 
possessing a current A.M. Best, Inc. rating of B++6. In lieu of State of Arizona 
licensing, the stipulated insurance may be purchased from a company or 
companies who are authorized to do business in the State of Arizona, provided 
that said insurance companies meet the approval of County. The form of any 
insurance policies and forms must be acceptable to County.  
17.2
All insurance required herein shall be maintained in full force and effect until all 
work or service required to be performed under the terms of the Agreement is 
satisfactorily completed and formally accepted. Failure to do so may, at the sole 
discretion of County, constitute a material breach of this Agreement.
17.3
The Recipient’s insurance shall be primary insurance as respects County, and any 
insurance or self-insurance maintained by County shall not contribute to it.
17.4
Any failure to comply with the claim reporting provisions of the insurance policies 
or any breach of an insurance policy warranty shall not affect coverage afforded 
under the insurance policies to protect County.
17.5
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be 
applicable with respect to the coverage provided to County under such policies. 
The Recipient shall be solely responsible for the deductible and/or self-insured 
retention and County, at its option, may require the Recipient to secure payment 
of such deductibles or self-insured retentions by a surety bond or an irrevocable 
and unconditional letter of credit.
17.6
The County reserves the right to request and to receive, within ten (10) working 
days, certified copies of any or all of the herein required insurance certificates. 
County shall not be obligated to review policies and/or endorsements or to advise 
the Recipient of any deficiencies in such policies and endorsements, and such 
receipt shall not relieve the Recipient from, or be deemed a waiver of County’s 
right to insist on strict fulfillment of the Recipient’s obligations under this 
Agreement.
17.7
The insurance policies required by this Agreement, except Workers’ 
Compensation, shall name County, its agents, representatives, officers, directors, 
officials and employees as Additional Insureds.
17.8
The policies required hereunder, except Workers’ Compensation, shall contain a 
waiver of transfer of rights of recovery (subrogation) against County, its agents, 
representatives, officers, directors, officials and employees for any claims arising 
out of the Recipient’s work or service.
17.9
The Recipient’s policies shall stipulate that the insurance afforded the Recipient 
shall be primary insurance and that any insurance carried by the County, its 
agents, officials, employees or the State of Arizona shall be excess and not 
contributory insurance, as provided by A.R.S. § 41-621 (E).

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17.10 Coverage provided by the Recipient shall not be limited to the liability assumed 
under the indemnification provisions of this Agreement.
17.11 Commercial General Liability: Commercial General Liability insurance and, if 
necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 
for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and 
$4,000,000 General Aggregate Limit. The policy shall include coverage for 
premises liability, bodily injury, broad form property damage, personal injury, 
products and completed operations and blanket contractual coverage, and shall 
not contain any provisions which would serve to limit third party action over claims. 
There shall be no endorsement or modifications of the CGL limiting the scope of 
coverage for liability arising from explosion, collapse, or underground property 
damage.
17.12 Workers’ Compensation: Workers’ Compensation insurance to cover obligations 
imposed by federal and state statutes having jurisdiction of the Recipient’s 
employees engaged in the performance of the work or services under this 
Agreement; and Employer’s Liability insurance of not less than $1,000,000 for 
each accident, $1,000,000 disease for each employee, and $1,000,000 disease 
policy limit.
17.13 The Recipient waives all rights against County and its agents, officers, directors 
and employees for recovery of damages to the extent these damages are covered 
by the Workers’ Compensation and Employer’s Liability or commercial umbrella 
liability insurance obtained by the Recipient pursuant to this Agreement.
17.14 Sexual Molestation And Physical Abuse: When services involve working with 
these groups of individuals, the insurance requirements in the Agreement need to 
be revised to include coverage for "sexual molestation and physical abuse." 
Coverage for this type of claim, or allegation, is excluded from standard general 
liability policies. Therefore, the Recipient whose services include working with 
and/or caring for children/elderly and disabled persons should have their policies 
specifically endorsed to include this coverage.
17.15 Coverage for this type of claim, or allegation, is excluded from standard general 
liability policies. Therefore, contractors whose services include working with and/or 
caring for children/elderly and disabled persons should have their policies 
specifically endorsed to include this coverage.
17.16 Commercial General Liability – Occurrence Form: Policy shall include bodily 
injury, property damage and broad form contractual liability coverage.
17.17 The policy shall be endorsed to include coverage for physical/sexual abuse 
and molestation. The policy shall be endorsed to include the following additional 
insured language: "(Maricopa County), its subsidiary, parent, associated and/or 
affiliated entities, successors, or assigns, its elected officials, trustees, employees, 
agents, and volunteers shall be named as additional insureds with respect to 
liability arising out of the activities performed by, or on behalf of the Recipient".
17.18 Minimum Limits:
General Aggregate
$4,000,000
Each Occurrence Limit
$2,000,000
Sexual Abuse/Molestation
$2,000,000
17.19 Certificates of Insurance: Upon Agreement execution, the Recipient shall furnish 
the County with valid and complete certificates of insurance or formal 
endorsements as required by the Agreement, issued by the Recipient’s insurer(s), 
as evidence that policies providing the required coverage, conditions and limits 
required by this Agreement are in full force and effect. Such certificates shall 
identify this Agreement number and title.

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7
17.20 Prior to commencing work or services under this Agreement, the Recipient shall 
have insurance in effect as required by the Agreement in the form provided by the 
County, issued by the Recipient’s insurer(s), as evidence that policies providing 
the required coverage, conditions and limits required by this Agreement are in full 
force and effect. Such certificates shall be made available to the County upon ten 
(10) business days. BY SIGNING THE AGREEMENT PAGE THE RECIPIENT 
AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS 
REQUIREMENT WILL RESULT IN CANCELLATION OF AGREEMENT.
17.21 In the event any insurance policy(ies) required by this Agreement is (are) written 
on a “claims made” basis, coverage shall extend for two years past completion and 
acceptance of the Recipient’s work or services and as evidenced by annual 
Certificates of Insurance.
17.22 If a policy does expire during the life of the Agreement, a renewal certificate must 
be sent to County fifteen (15) days prior to the expiration date.
17.23 Cancellation and Expiration Notice: Insurance required herein shall not be 
permitted to expire, be canceled, or materially changed without thirty (30) days 
prior written notice to the County.
17.24 If the Recipient provides professional or semi-professional personal services under 
this agreement for which malpractice or professional liability coverage is available, 
such as medical, psychiatric, or legal services, Recipient shall carry minimum 
liability coverage of $2,000,000 each occurrence and provide the County with proof 
of coverage.
17.25 Subcontractors: The Contractor’s certificate(s) shall include all subcontractors as 
insureds under its policies or Recipient shall furnish to Maricopa County separate 
certificates for each subcontractor. All coverages for subcontractors shall be 
subject to the minimum requirements identified above. 
17.26 Approval: Any modification or variation from the insurance requirements in any 
Agreement must have prior approval from the County whose decision shall be final. 
Such action will not require a formal Agreement amendment, but may be made by 
administrative action. 
17.27 Exceptions: In the event the Recipient or subcontractor(s) is/are a public entity, 
then the Insurance Requirements shall not apply. Such public entity shall provide 
a Certificate of Self-Insurance.
18.0
COMPLIANCE WITH APPLICABLE LAWS
The Recipient shall comply with all applicable laws, rules, and regulations, without 
limitation to those designated in this Agreement.
19.0
DRUG FREE WORKPLACE ACT
The Recipient agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 
701, et seq.), which requires that the Recipient and grantees of federal funds must certify 
that they will provide drug-free workplaces that comply with federal law. This certification is 
a precondition to receiving a grant or entering into this Agreement. 
20.0
CLEAN AIR ACT & CLEAN WATER ACT
To the extent applicable, Recipient shall comply with all applicable standards, orders, or 
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 
of the Clean Water Act (33 U.S.C. 1368, et seq.) Executive Order 11738, and Environmental 
Protection Agency regulations (40 CFR Part 15).

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21.0
RELIGIOUS ACTIVITIES
The Recipient warrants that none of its costs and none of the costs incurred by any 
subcontractor will include any expense for any religious activity.
22.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the Recipient 
under this Agreement shall be used for any partisan political activity, or to further the election 
or defeat of any candidate for public office.
23.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND 
VOLUNTARY EXCLUSION
23.1
The undersigned, by signing this Agreement, represents that he/she has the 
authority to bind Recipient to the terms of this Certification. The Recipient certifies 
to the best of its knowledge and belief that it and its principals:
23.1.1 Are not presently debarred, suspended, proposed for debarment, declared 
ineligible or voluntarily excluded from covered transactions by any federal 
department or agency;
23.1.2 Have not within a 3-year period preceding the Agreement Start Date, 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;
23.1.3 Are not presently indicted or otherwise criminally or civilly charged by a 
governmental entity (federal, State, or local) with commission of any of the 
offenses enumerated in subparagraph 2 above.(b) of this certification;
23.1.4 Have not, within a 3-year period preceding this Agreement, had one or more 
public transactions (federal, State, or local) terminated for cause or default;
23.1.5 Shall immediately notify the County if, at any time during the term of this 
Agreement, it is debarred, suspended, declared ineligible, or voluntarily 
excluded from participation. The County may pursue available remedies in 
the event of such occurrence, including immediate termination of this 
Agreement; and
23.1.6 Shall not enter into a subcontract or sub-recipient agreement with any person 
or organization that is debarred, suspended, declared ineligible, or 
voluntarily excluded from participation. The County may pursue available 
remedies in the event of such occurrence, including immediate termination 
of this Agreement without liability.
23.1.7 The Recipient shall include, without modification, this language of this 
Certification, in all agreements with sub-recipients and other subcontractors; 
in all lower tier covered transactions, and in all solicitations for lower tier 
covered transactions in accordance with 45 C.F.R. Part 76.
23.1.8 If the Recipient is not able to provide this Certification, an explanation as to 
why shall be immediately provided to the County, Attention: Assistant 
Director Community Development Division, at the address set forth on the 
Notice section of this Agreement.
24.0
MINIMUM WAGE REQUIREMENTS
The Recipient warrants that it shall pay all its employees who are performing work or 
providing services under this Agreement not less than the minimum wage specified under

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Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 
201, et seq.) by law, regulation or Executive Order 13658, or as required by Arizona law.
25.0
DISABILITY REQUIREMENTS
The Recipient agrees that any electronic or information technology offered under this 
Agreement shall comply with A.R.S. §§41-2532 and 2533 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.
26.0
RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO 
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
26.1
The Parties agree that this Agreement and employees working on this Agreement 
will be subject to the whistleblower rights and remedies in the pilot program on 
Recipient 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;
26.2
The Recipient 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 Recipient and 
copies provided to County upon request; and,
26.3
The Recipient shall insert the substance of this clause, including this paragraph 
(3), in all subcontracts over the simplified acquisition threshold ($150,000 as of 
September 2013).
27.0
EQUAL EMPLOYMENT OPPORTUNITY
The Recipient 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. The Recipient 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. The 
Recipient shall, to the extent such provisions apply, comply with Title VI and VII of the Civil 
Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of 
1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment Act 
of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of 
1990 (42 U.S.C. §§ 12101, et seq.); and Executive Orders  11375 amending Executive 
Order 11246 and implementing regulations at 41 CFR part 60,  as well as,  Arizona 
Executive Order 99-4, which mandates that all persons shall have equal access to 
employment opportunities.
28.0
DISPOSAL OF PROPERTY
Upon termination of this Agreement, any property involved shall revert back to the owner.
29.0
RETENTION OF RECORDS
29.1
This provision applies to all financial and programmatic records, supporting 
document, statistical records, and other records of the Recipient that are related 
to this Agreement.

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29.2
The Parties shall retain all records relevant to this Agreement for six (6) years after 
expiration of the Agreement or after resolution of any audit, whichever is longer. 
The County, federal, and State of Arizona 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.
30.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Subrecipient agrees to comply with all applicable 
provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE 
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL 
AWARDS contained in Title 2 C.F.R. § 200, et seq.  The Recipient is not considered a 
subrecipient of this federal funding but a contractor, as the County has full oversight 
responsibility over the Recipient grantee.
31.0
IMMIGRATION LAWS AND REGULATIONS
31.1
Federal Immigration and Nationality Act
31.1.1 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.
31.1.2 By entering into this Agreement, both Parties 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. Both Parties shall obtain statements from their subcontractors 
certifying compliance and shall furnish the statements to the Procurement 
Officer upon request. These warranties shall remain in effect through the 
term of the Agreement. Both Parties 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.
31.1.3 The Parties may request verification of compliance for any employee or 
subcontractor performing work under the Agreement. Should either Party 
suspect or find that the other Party or any of its subcontractors are not in 
compliance, then the Party 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 and/or debarment of the other 
Party. All costs necessary to verify compliance are the responsibility of the 
Recipient or its subcontractor.
31.2
Arizona Law:  The Recipient warrants that it is in compliance with A.R.S. § 41-4401 
(e-verify requirements) and further acknowledges:
31.2.1 That the Recipient and its 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;
31.2.2 That a breach of a warranty under subsection 1 above, shall be deemed a 
material breach of this Agreement and the County may immediately 
terminate this Agreement without liability;
31.3
That the County and any contracting government entity retains the legal right to 
inspect the papers and employment records of any Recipient or vendor’s employee 
who works on this Agreement to ensure that the Recipient or vendor is complying 
with the warranty provided under subsection 1 above and that the Recipient agrees

Agreement with Arizona Science Center
11
to make all papers and employment records of said employee(s) available during 
normal working hours in order to facilitate such an inspection.
32.0
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 hereof, and the remaining 
provisions shall remain in full force and effect.
33.0
GOVERNING LAW
This Agreement is governed by the laws of the state of Arizona. Venue for any actions or 
lawsuits involving this Agreement will be in Maricopa County Superior Court or in the 
United States District Court for the District of Arizona, sitting in Phoenix, Arizona.
IN WITNESS THEREOF, the undersigned Parties warrant they are authorized to execute this 
Agreement on behalf of each Party and that this Agreement is therefore binding on Parties:
APPROVED BY:
Arizona Science Center 
APPROVED BY: 
MARICOPA COUNTY
______________________________
Authorized Signature 
Date: __________________________
____________________________________
Chairman, Board of Supervisors             Date
Attested To:
_____________________________________
Clerk of the Board              Date
This Agreement has been reviewed by the 
undersigned Attorney who has determined 
that is proper in form and within the power and 
authority granted under the laws of the State 
of Arizona.
By: 
_____________________________________ 
Deputy County Attorney                      Date