AGREEMENT WITH CITY OF TEMPE AND TEMPE SCHOOL DISTRICT.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
TEMPE ELEMENTARY SCHOOL DISTRICT No. 3
AND
CITY OF TEMPE
Agreement #: ________________________
Agreement Start Date: August 12, 2019
Agreement Termination Date: June 30, 2020
1.0 PARTIES
This financial Intergovernmental Agreement (“Agreement”) is entered into between and among
Maricopa County administered by its Human Services Department Early Education Division
(collectively referred to as the “County” and or the “Division”), Tempe Elementary School District
No. 3 of Maricopa County (hereinafter referred to as the “District”), and the City of Tempe
(hereinafter referred to as the “City”). The County, the District and the City shall be collectively
referred to herein as the “Parties” and individually as “Party.”
2.0 PURPOSE
The purpose of the Agreement is to establish a collaboration between the Parties that will
address expanding high-quality pre-school in the City of Tempe and the District’s boundaries.
The County will provide funding that will help to increase instructional annual hours for enrolled
Head Start children.
Through this Agreement, a multiple agency model of braided funding will increase the duration
of early learning services offered in the City and will create a seamless transition for children
entering Kindergarten. The District will provide high quality early education to children, at no
cost to families. The City will provide additional Pre-K scholarships with extended hours up to a
10-hour day. In addition to funding, the County will ensure Office of Head Start (“OHS”)
performance measures and program requirements are incorporated into classrooms.
3.0 EFFECTIVE DATE, TERM, TERMINATION
3.1 The Agreement start date is August 12, 2019 and upon agreement by the Parties, the
Agreement shall be effective upon approval and signature by all parties and will expire
on June 30, 2020.
3.2 Pursuant to A.R.S. § 38-511, a Party may cancel this Agreement without penalty or
further obligation within three years after execution of the Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the
Agreement on behalf of the 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. Additionally, pursuant to A.R.S § 38-511 a Party may
recoup any fee or commission paid or due to any person significantly involved in
initiating, negotiating, securing, drafting or creating the Agreement on behalf of the Party
from any other party to the Agreement arising as the result of the Agreement. A
cancellation made pursuant to this provision shall be effective when the Parties receives
written notice of the cancellation unless the notice specifies a later time.
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3.3 The Parties may terminate this Agreement at any time, with sixty (60) days’ notice in
writing to the other Parties (unless terminated by the Board of Supervisors pursuant to
the availability of funds provision set forth in below in 7.0). Such notice shall be given by
personal delivery or by Registered or Certified mail.
3.4 This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
4.0 AGREEMENT RENEWAL
This Agreement may be extended by a written amendment for two (2) additional one (1) year
terms, or portions thereof, with the agreement of the parties.
5.0 AMENDMENTS:
Any changes to this Agreement shall be in writing and signed by the Parties.
6.0 FUNDING
6.1 The County shall provide a not-to-exceed amount of $133,120 for the period of July 1,
2019 to June 30, 2020. The Agreement shall be on a cost reimbursement basis. The
County shall reimburse on a net “0” payment standard after invoices and backup
documentation has been reviewed and approved.
6.2 Funding for this Agreement is provided by the Catalog of Federal Domestic Assistance
(CFDA) 93.600 Head Start and Early Head Start;
7.0 AVAILABILITY OF FUNDS
Should the County determine that funds are not available for continuing the services; the County
may cancel this Agreement. Every performance of the Parties under this Agreement is
conditioned upon the availability of funds appropriated or allocated or granted for performance.
If funds are not available for the continuance of this Agreement, 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 termination, and neither Party shall be obligated or liable
for any future performance, payments or for any damages as a result of termination under this
paragraph.
8.0 PROJECT ACTIVITIES AND TIMELINES
8.1 Service Delivery
Coordinated Approach to Comprehensive Service Delivery
Services Division Responsibilities District/City Responsibilities
Eligibility, Recruitment, • Eligibility determination and enrollment • Ongoing recruitment of families
Selection, Enrollment, and of children.
Attendance (ERSEA) • Maintain waiting list of eligible children
Education • Coaching and technical assistance with • Provide early education staff that
an emphasis on relational learning that facilitate high quality early learning
supports children and their families and experiences for all enrolled children
fosters school readiness through the use of research-based
curricula and teaching practices to
meet school readiness goals
Family Services/Engagement • Develop family partnership agreement • Conduct teacher-parent conferences
with parents at least twice per program year to
• Deliver or link families to services enhance parent’s knowledge of their
responsive to their individual needs child’s developmental progress
Health and Safety • Monitor physical environments ensuring • Provide classroom level health, dental
all Early Head Start standards are met health and nutritional services through
participation in Child and Adult Care
Food Program (CACFP) and
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Empower programs
Inclusion • Recruit and enroll children with • Assist in securing appropriate services
disabilities to achieve 10% of total Head for children with disabilities, either
Start program enrollment requirements directly or by linking families to
community partners and/or providing
direct support in the classroom
Mental Health • Offer mental health consultation • Implement programs and interventions
involving a mental health professional, that meet children’s behavioral and
program staff, and parents. social-emotional health needs.
• Assist in connecting children with
developmental concerns or who
demonstrate atypical development to
community mental health resources, as
needed
Nutrition • Provide consultation services with • Participate in the USDA CACFP
Nutritionist to address special meal • Provide opportunity for the
requests/needs involvement of children in food-related
activities
Health and Developmental and • Monitor and work with families to track • Administer developmental and
Behavioral Screening ongoing health and development of behavioral screenings within 45 days
individuals enrolled in program of enrollment (ASQ and ASQ-SE)
• Conduct on-going assessment of
children using TSG to individualize the
instruction and learning for each child.
Complete assessment 3 times per
year
8.2 Timeline
Activity March April May June July August September
New Agency Agreements Developed
and Approved
New Furniture and Supplies Identified
and Ordered
Facilities Improvements – (if any)
Identify Continuing Children For New
Classroom
Hire, Orientation, And Training Of
New Classroom Staff
Reorganize Clusters to account for
new classroom locations
Modify caseloads for FSS, Coaches,
Area Supervisors
Modify schedule for Mental Health
Observations
Parent Orientation and Parent
Conferences
Children begin attending program
9.0 RESPONSIBILITIES OF ORGANIZATIONS
9.1 The District/City shall be responsible for adhering to the following OHS Performance
Standards:
9.1.1 Staff and Professional Development in accordance with OHS Performance
Standard 45 CFR 1301-1311 1306.20 Program Staffing Requirements, the
District shall:
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9.1.1.1 Employ instructional staff and utilize pattern of one Teacher and one
Teacher Assistant for each classroom;
9.1.1.2 Ensure teachers providing instruction meet the minimum educational
requirements as set forth by the Office of Head Start performance
Standards.
9.1.1.3 Hire and retain two qualified staff: a teacher and a teacher aide or two
teachers in each Head Start classroom that meet the minimum
educational requirements and provide competitive wages;
9.1.1.4 Conduct interviews, verify references, and obtain a criminal record check
prior to staff entering classrooms;
9.1.1.5 Ensure teachers have:
9.1.1.5.1 a minimum of an Associate degree from an accredited
institution of higher learning in early childhood; or
9.1.1.5.2 an Associate degree in a field related to early childhood
education and coursework equivalent to a major relating to early
childhood education, with experience teaching preschool-age
children
9.1.1.6 Ensure prior to entering the classroom, all teaching staff have completed:
9.1.1.6.1 First Aid and CPR, health screening with TB results, and
have a food handler’s card.
9.1.1.6.2 Provide training on identifying and reporting child abuse
and neglect that comply with applicable State and local laws using
and provide supporting documentation of completion;
9.1.1.7 Ensure all substitute teachers meet the above qualifications. Teacher
assistants must have a minimum of a Preschool CDA;
9.1.1.8 Ensure vacant teacher positions must be filled with qualified substitutes
and vacant positions will be filled within 30 days; and
9.1.1.9 Participate in on-going professional development activities including
coaching for teachers.
9.1.2 Attendance in accordance with OHS Performance Standard 45 CFR 1301-1311
1305.8 Attendance the District shall, :
9.1.2.1 Record daily attendance must be submitted into the Child Plus
management system on a daily basis.
9.1.2.2 Designate the appropriate absence codes to the child’s attendance
records.
9.1.2.3 Communicate family concerns regarding any potential barriers that could
limit the child from attending, issues such as transportation, family
illness, and family dropping from the program, to the designated Head
Start Family Support Specialist.
9.1.3 Group Size and Ratios in accordance with OHS Performance Standard 45 CFR
1301-1311, 1306.32 Center-based program, the District shall:
9.1.3.1 Ensure Head Start classrooms are not to exceed a group size of 20
children. The classroom must maintain required adult to child ratio during
all Head Start hours of operation.
9.1.4 Child Development and Education in accordance with OHS Performance
Standard 45 CFR 1301-1311 § 1304.21 Education and early childhood
development, the District shall:
9.1.4.1 Provide no less than 6.5 hours of instruction per each Head Start
operating day, Monday through Friday for 160 days in a program year;
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9.1.4.2 Ensure teachers provide a balanced daily program of child-initiated and
adult-directed activities, including individual and small group activities
utilizing the HighScope Preschool Curriculum;
9.1.4.3 Be inclusive of children with disabilities, consistent with their
Individualized Family Service Plan (IFSP) or Individualized Education
Program (IEP);
9.1.4.4 Provide opportunities for parents to become integrally involved in the
development of the program's curriculum and approach to child
development and education;
9.1.4.5 Ensure weekly lesson plans are being implemented as instructed and
documentation is collected. Ensure teaching staff are communicating
observations and milestones to parents via the Learning Genie web-
based application purchased for the facility;
9.1.4.6 Ensure teachers facilitate four parent teacher conferences to discuss
child's development and education. Two of which must occur in the child’s
home or at a mutually agreed upon location; and
9.1.4.7 Ensure teachers will utilize approved child assessment and screening
tools within specified timelines.
9.1.5 Facilities in accordance with OHS Performance Standard 45 CFR 1301-1311
1304.53 Facilities, materials, and equipment, the District shall:
9.1.5.1 Provide a physical environment and facilities conducive to learning that
meet all health and safety standards. Each classroom space must meet
the minimum requirement of 35 square feet of usable space per child and
the outdoor minimum space requirement of 75 square feet per child;
9.1.5.2 Provide and arrange sufficient equipment, toys, materials, and furniture to
meet the needs and facilitate the participation of all children;
9.1.5.3 Maintain equipment, toys, materials, and furniture as arranged in the
classroom by Head Start Coach to meet the needs and facilitate the
participation of children and adults;
9.1.5.4 Ensure toilets and handwashing facilities are adequate, clean, in good
repair, and easily reached by children;
9.1.5.5 Ensure classroom environment is cleaned daily, which includes, floors,
tables, chairs, counters, and carpets. Toy sanitation is conducted weekly,
with sanitation activities kept in a log for review;
9.1.5.6 Ensure indoor and outdoor environments provide children with accessible
drinking water;
9.1.5.7 Purchase materials and supplies for classrooms to include: food, paper
towels, art materials and other expendables to be replaced in a timely
matter; and
9.1.5.8 Ensure classrooms have access to computers and internet for record
keeping and reporting at all times.
9.1.6 Health and Safety in accordance with OHS Performance Standard 45 CFR 1301-
1311 § 1304.22 Child health and safety, the District shall :
9.1.6.1 Comply with all local and state licensing authority. Any licensure
violations must be reported to the County within 24 hours of the incident;
9.1.6.2 Ensure all teaching staff are trained prior to entering the classroom on the
following items:
9.1.6.2.1 Policies and procedures pertaining to health and safety
practices and mandated reporting;
9.1.6.2.2 Supervision of children and zoning policy and copies of the
acknowledgment page are kept in site staff file.
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9.1.6.2.3 Head count of children will be noted on dry erase boards at
all times.
9.1.6.3 Ensure indoor and outdoor premises are cleaned daily and kept free of
undesirable and hazardous materials and logs are kept current;
9.1.6.4 Ensure outdoor play areas are arranged to prevent child from leaving the
premises;
9.1.6.5 Ensure monthly health and safety screenings are conducted and results
are submitted to the County’s Head Start program staff;
9.1.6.6 Ensure classrooms have:
9.1.6.6.1 door chimes on all doors and ensure they are in good
working order;
9.1.6.6.2 Posted emergency evacuation routes; and
9.1.6.6.3 Posted policies and plans of action for emergencies that
require rapid response on the part of staff.
9.1.6.7 Ensure family contact information and authorization for emergency care
for each child are up-to-date and readily available; and
9.1.6.8 Ensure first aid kits and fanny packs are maintained in each classroom.
9.1.7 Nutrition Services in accordance with OHS Performance Standard 45 CFR 1301-
1311 1304.23 Child Nutrition, the District shall:
9.1.7.1 Be in good standing with the USDA, Child and Adult Care Food program;
9.1.7.2 Use only food service vendors that are licensed in accordance with State,
Tribal or local laws. Vendor shall maintain and update, as needed, posted
evidence of compliance with all applicable Federal, State, Tribal, local
food safety and sanitation laws, including those related to the storage,
preparation and service of food and the health of food handlers;
9.1.7.3 Gather information about family eating patterns, cultural preferences, and
special dietary requirements for each child with nutrition-related health
problems. In addition, shall make appropriate accommodations for each
child with disabilities. The nutrition program must serve a variety of foods
that are considered cultural and ethnic preferences and broadens the
child's food experience;
9.1.7.4 Ensure meal and snack periods are appropriately scheduled and adjusted
to ensure the individual needs of children are met. Classroom staff,
including volunteers, shall eat together with the children in a family style
setting and share the same menu. Food shall not be used as punishment
or reward, and each child will be encouraged, but not forced, to eat or
taste his or her food. Sufficient time must be allowed for each child to eat
and to participate in socialization with peers; and
9.1.7.5 Support the recruitment and participation of parent education activities
that include opportunities to assist individual families with food
preparation and nutritional skills.
9.1.8 Dental Health in accordance with OHS Performance Standard 45 CFR 1301-
1311 1304.23 Child Nutrition (3), the District shall:
9.1.8.1 Ensure teaching staff are working with families and children to increase
dental hygiene.
9.1.8.2 Ensure staff promote effective dental hygiene by providing children with
the opportunity to brush their teeth once daily.
9.1.9 Mental Health in accordance with OHS Performance Standard 45 CFR 1301-
1311 1304.24 Child mental health, the District shall:
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9.1.9.1 Share child observations of enrolled children and participate in
discussion about child’s behavior and development including separation
and attachment issues with the assigned Head Start Coach; and
9.1.9.2 Ensure staff support parent participation in needed mental health
intervention.
9.1.10 Parent Engagement in accordance with OHS Performance Standard 45 CFR
1301-1311 1304.40 Family partnerships the District shall
9.1.10.1 welcome families as partners in their child’s learning and provide
opportunities to observe their child as often as possible and volunteer in
activities;
9.1.10.2 classrooms must be open to parents during all program hours;
9.1.10.3 The participation of parents in any program activity must be
voluntary;
9.1.10.4 classrooms to be utilized to host scheduled parent education
classes if needed; and
9.1.10.5 teachers and family support specialist must work to prepare
parents to become their children's advocate through transition periods by
providing a staff-parent meeting held toward the end of the child's
participation period.
9.1.11 Program Governance in accordance with OHS Performance Standard 45 CFR
1301-1311 1304.50 Program governance the District shall:
9.1.11.1 encourage families to participate in shared governance
opportunities; and
9.1.11.2 host a Parent Committee that is comprised exclusively of the
parents of children enrolled in Head Start. Each site will provide
assistance in distributing information regarding annual policy committee
and policy council elections.
9.1.12 Monitoring in accordance with OHS Performance Standard 45 CFR 1301-1311
1304.51 Management systems and procedures the District shall:
9.1.12.1 participate in ongoing monitoring activities to ensure high quality
services are rendered and fiscal practices meet OHS regulations; and
9.1.12.2 participate in an annual Self-Assessment of activities.
9.1.13 Non-Federal Share (In-Kind) shall be collected and reported, activities that can
be collected as In-Kind include:
9.1.13.1 Parents volunteering in classrooms;
9.1.13.2 Time spend by families completing home literacy activities.
9.2 The City/District shall be responsible for:
9.2.1 Providing financial oversight of Agreement activities
9.2.2 Refer children who qualify for Head Start and have applied for Tempe Pre to
Head Start for enrollment
9.2.3 Joint recruitment activities of children who meet Head Start eligibility
9.2.4 Provide extended hours to eligible families with the identified need
9.2.5 Support the full participation of families in the program and not exclude or create
barriers that would affect attendance
9.2.6 Ensuring policies are culturally and linguistically inclusive of all children and
families
9.2.7 Ensuring children are not expelled, excluded, or unenrolled from Head Start
classrooms because of a child’s or parent’s behavior
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9.2.8 Assist in the collection of Non-Federal Share match through in-kind donations of
goods or services such as family literacy activities and in-home curriculum tasks
9.3 The County shall be responsible for:
9.3.1 Conducting eligibility and enrollment activities, targeting populations which
include:
9.3.1.1 low-income families;
9.3.1.2 children with special needs;
9.3.1.3 homeless and at risk;
9.3.1.4 children in the foster care system; and
9.3.1.5 children with DES child care subsidy
9.3.2 Providing funding to support Head Start services for income eligible program
participants
9.3.3 Providing oversight, technical assistance, training
9.3.4 Monitoring of indoor and outdoor classroom environments for safety hazards and
environmental issues that can harm children
9.3.5 Monitoring of teacher-child interactions to verify the implementation of high
quality instruction
9.3.6
10.0 REPORTING
10.1 The District shall report to Maricopa County Human Services:
10.1.1 Incidents of a Head Start enrolled child left unsupervised for ANY length of time
10.1.2 Physical injury of a Head Start enrolled child.
10.1.3 Revocation or suspension of a Child Care License, DES Contract, or CACFP
contract
10.1.4 New reports of staff or child involvement with Child Protective services related to
alleged incidence of child abuse or neglect
10.1.5 Complaints received from Head Start Parents
10.1.6
10.2 The City shall provide:
10.2.1 90 Day notice of anticipated reductions in Tempe Pre-K funding or decreased
enrollment opportunities for Head Start children
11.0 COMPENSATION
11.1 Invoices must be submitted to the County’s representative listed in section 13.0 of this
Agreement. Invoices must be submitted on a monthly basis no later than the 15th of each
month after services have been provided.
11.2 The invoice for the month of June must be submitted no later than July 10th.
11.3 Invoices shall be processed and paid on a reimbursement basis and on a Net “0”
payment standard.
12.0 LOCATIONS WHERE SERVICES WILL BE PROVIDED
12.1
Name of School/Site and Age of Children # of Children
complete address
Aguilar Elementary 3-5 20
5800 S Forest Ave
Tempe AZ 85283
13.0 NOTICES:
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Communication and details concerning this Agreement shall be directed to the following
representatives:
Maricopa County City of Tempe:
Human Services Department: Human Services, Tempe PRE:
Eve Del Real, Assistant Director
Marie Raymond, Human Services Manager,
Maricopa County Human Services Department
Family and Community Support
Early Education Division, Head Start Program
3500 S Rural Rd.
234 N. Central Avenue, 3rd Floor
Tempe, AZ 85282
Phoenix, AZ 85004
Desk: 480-858-7818
Desk: 480-464-9669 ext. 201
Marie_Raymond@tempe.gov
Eve.DelReal@maricopa.gov
For Program Activities For Tempe Elementary School District:
Nancy Kessay, Family & Community Jennifer Whittington; Preschool Coordinator
Partnerships Manager
Early Education Division, Head Start Program Tempe Elementary School District
2150-1 S. Country Club Drive, Suite 7 3205 S Rural Rd.
Mesa, AZ 85210 Tempe, AZ 85282
Desk: 602-372-3775 Desk: 480-730-7100
Cell: 602-527-5728 Jennifer.whittington@tempeschools.org
Nancy.Kessay@maricopa.gov
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 Parties agree that no individual performing under this Agreement on behalf of the
Contractor is to be considered a County employee, and that no rights of County civil
service, County retirement, or County personnel rules shall accrue to such individual.
The Contractor shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workman's compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such clients and shall save and hold the County
harmless with respect thereto.
15.0 FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
The Parties, their employees and agents shall comply with applicable federal and state laws
pertaining to the maintenance and disclosure of participant’s records, including the Family
Educational Rights and Privacy Act, 20 U.S.C. §1232g (“FERPA”) and A.R.S. §§ 15-141 and
15-142. The Parties hereby designate their respective employees as “school officials” for the
purposes of 34 C.F.R. § 99.31.
16.0 GENERAL INDEMNIFICATION
16.1 Each Party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other
party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"Claims") arising out of bodily injury of any person (including death) or property damage,
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but only to the extent that such Claims which result in vicarious/derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers.
17.0 INSURANCE
17.1 Each Party, shall purchase and maintain the herein stipulated minimum insurance from a
company or companies duly licensed by the State of Arizona or through self-insurance
provided by the Arizona Risk Retention Trust, 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 reasonable discretion of the
County, constitute a material breach of this Agreement.
17.3 Each Parties’ insurance shall be primary insurance as respects the County, and any
insurance or self-insurance maintained by the 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 the 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 the County under such policies. Each Party shall be
solely responsible for the deductible and/or self-insured retention and the County, at its
option, may require each Party 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 10 working days, certified
copies of any or all of the herein required insurance certificates. The County shall not be
obligated to review policies and/or endorsements or to advise each Party of any
deficiencies in such policies and endorsements, and such receipt shall not relieve either
Party from, or be deemed a waiver of the County’s right to insist on strict fulfillment of each
Party’s obligations under this Agreement.
17.7 The insurance policies required by this Agreement, except Workers’ Compensation, shall
name the 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 the County, its agents, representatives,
officers, directors, officials and employees for any claims arising out of either Party’s work
or service.
17.9 Each Parties’ policies shall stipulate that the insurance afforded each Parties’ shall be
primary insurance and that any insurance carried by the Parties, 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 each Party 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 each Party’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 Each Party waives all rights against the 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 Parties 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 Parties
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 Commercial General Liability – Occurrence Form: Policy shall include bodily injury,
property damage and broad form contractual liability coverage.
17.16 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 Parties".
Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
17.17 Certificates of Insurance: Upon Agreement execution, the Parties shall furnish the County
with valid and complete certificates of insurance, or formal endorsements as required by
the Agreement, issued by the Parties’ 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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17.18 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 Parties’ work or services and as evidenced by annual Certificates of Insurance.
17.19 If a policy does expire during the life of the Agreement, a renewal certificate must be sent
to the County fifteen (15) days prior to the expiration date.
17.20 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.
17.21 Exceptions: In the event the Parties 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
18.1 Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal, State, and Local governments whether
or not specifically referenced herein. Specifically, the following apply:
18.1.1 Unless exempt under Federal law, the Parties 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 updated in State Executive Order No.
99-4 and 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. Both 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. The Parties shall
comply with the requirements of the Fair Labor Standards Act of 1938, as
amended.
18.1.2 The Parties shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits the denial of benefits of, or participation in, Agreement services on the
basis of race, color, or national origin. The Parties 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 Agreement
services; and with Title II of the Americans with Disabilities Act, and the Arizona
Disability Act, which prohibits discrimination on the basis of physical or mental
disabilities in the provision of Agreement programs, services, and activities.
18.2 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
18.2.1 That the Party and its subcontractors, 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, subsection A;
18.2.2 That a breach of a warranty under subsection 15.2.1 above, shall be deemed a
material breach of this Agreement that is subject to penalties up to and including
termination of the Agreement;
18.2.3 That the County retains the legal right to inspect the papers of any contractor or
subcontractor employee who works on this Agreement to ensure that each Party
or its subcontractor is complying with the warranty provided under subsection
15.2.1 above and that the Party agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to
facilitate such an inspection;
18.2.4 That nothing herein shall make the Parties or its subcontractor’s agents or
employees of the County.
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19.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
19.1 Each Party certifies to the best of its knowledge and belief, that it and its directors,
officers and agents:
19.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
19.1.2 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;
19.1.3 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 paragraph 16.1.2; and
19.1.4 Have not within a three-year period had one or more public transactions
(Federal, State, or local) terminated for cause or default.
20.0 FEDERAL IMMIGRATION AND NATIONALITY ACT
20.1 Each Party understands and acknowledges the applicability of the Immigration Reform
and Control Act of 1986 (IRCA). Each Party agrees to comply with the IRCA in performing
under this Agreement and to permit County inspection of personnel records to verify such
compliance.
20.2 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. Each Party 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. Each Party 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.
20.3 The County may request verification of compliance for any contractor or subcontractor
performing work under the Agreement. Should the County suspect or find that either
Party or any of its subcontractors are not in compliance, 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 and/or debarment of the Party. All costs
necessary to verify compliance are the responsibility of each Party.
[Section Intentionally Left Blank]
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IN WITNESS THEREOF, the Parties have signed this Agreement:
FOR AND ON BEHALF OF: FOR AND ON BEHALF OF:
City of Tempe Maricopa County
_________________________________ ___________________________________
Steve Chucri, Chairman of the Board
_________________________________ ___________________________________
Date Date
Attested to: Attested to:
___________________________________ ___________________________________
City Council Clerk Fran McCarroll, Clerk of the Board
FOR AND ON BEHALF OF:
Tempe Elementary School District
_________________________________
_________________________________
Date
This Agreement has been reviewed by the undersigned Attorney(s) who have determined that it is
proper in form and within the power and authority granted under the laws of the State of Arizona.
APPROVE AS TO FORM: APPROVE AS TO FORM:
BY: ____________________________ BY: ____________________________
Attorney for the City Deputy County Attorney
Date:___________________________ Date:___________________________
APPROVE AS TO FORM:
BY: ____________________________
Attorney for Tempe School District
Date:___________________________
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