TEMPE ELEMENTARY DISTRICT AND CITY OF TEMPE AMENDMENT 2.PDF

C-22-22-121-X-02 Amendment No. 2
AMENDMENT No. 2
TO
AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
TEMPE ELEMENTARY SCHOOL DISTRICT No. 3
AND
CITY OF TEMPE
I. Maricopa County (“County”) administered by its Human Services Department Early
Education Division (“Department”) and 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”), fully executed a financial Intergovernmental
agreement (“Agreement”) on or about August 11, 2022. 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. The term of the Agreement began on July 1, 2022 through June 30, 2024.
The County, The District, and The City are referred to here as the “Parties.”
II. The Parties fully executed Amendment No. 1 on or about January 25, 2023. The
purpose of the Amendment was to remove paragraph 15.0 (Safeguarding of Participant
Information) in its entirety and replace it with revised contract language. The Amendment
also removed Paragraph 17.0 (Non-Liability) in its entirety and replaced it with revised
contract language.
III. The Parties agree to address the following items:
A. Amend the Agreement to revise Paragraph 9.1.4 Child Development and
Education by adding the following subsections:
9.1.4.8 The School shall complete children's screenings and enter
results into ChildPlus within 45 days of enrollment.
9.1.4.9 The School shall complete IEP’s (Individualized Education
Program) for children with disabilities and who are in the process of toilet
learning within 30 days after enrollment in the program.
9.1.4.10 Teachers shall facilitate two (2) parent teacher
conferences to discuss child’s development and education in the child’s
home or at a mutually agreed upon location.
9.1.4.11 Teachers and Administrators shall participate in on-going
professional development training and activities, including coaching for
teachers. Development services will be provided by Maricopa County
Head Start Program staff.
B. Amend the Agreement to revise Paragraph 12.0 (Locations Where Services Will
Be Provided) by replacing it with the following:
12.0 LOCATIONS WHERE SERVICES WILL BE PROVIDED
Name of School/Site and Age of Children # of Children
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C-22-22-121-X-02 Amendment No. 2
complete address
Thew Elementary School 3-5 20
2130 E. Howe Avenue
Tempe, AZ 85281
C. Add the following Sections to the Agreement:
32.0 FORCED LABOR OF ETHNIC UYGHURS
To the extent applicable under A.R.S. § 35-394, the District warrants and
certify that they do not currently and agree that they will not use for the
duration of this Agreement the forced labor, any goods or services
produced by the forced labor, or 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. If
the District becomes aware that they are not in compliance with this
paragraph, they shall notify the County of the noncompliance within five
business days of becoming aware of it. If the District fails to provide a
written certification that they have remedied the noncompliance within
180 days after that, this Agreement shall terminate unless the termination
date of this Agreement occurs before the end of the remedy, in which
case this Agreement terminates on its termination date.
33.0 PROVISIONS REQUIRED BY LAW
Each and every provision of law and any clause required by law to be in
this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either
party, this Agreement will promptly be physically amended to make such
insertion or correction.
III. Section II above contains all the changes made by this Amendment No. 2. This
Amendment is subject to A.R.S. §38-511. All other terms and conditions of the original
Agreement and all previously fully executed Amendments shall remain the same and in
full force and effect as approved and amended.
IV. The Parties have authorized the undersigned to execute this Amendment No. 2 on their
behalf.
[Signatures on the following page]
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C-22-22-121-X-02 Amendment No. 2
IN WITNESS THEREOF, the Parties have signed this Amendment No. 2:
FOR AND ON BEHALF OF:
City of Tempe
___________________________________
Corey D. Woods, Mayor Date
Attested to:
___________________________________
Kara DeArrastia Date
City Clerk
This Amendment No. 2 has been reviewed by the undersigned Attorney who has 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:
BY: _______________________________
Sonia Blain
City Attorney Date
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C-22-22-121-X-02 Amendment No. 2
FOR AND ON BEHALF OF:
Tempe Elementary School District
___________________________________
Date
Attested to:
___________________________________
Date
This Amendment No. 2 has been reviewed by the undersigned Attorney who has 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:
BY: __________________________________
Attorney for Tempe School District Date
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C-22-22-121-X-02 Amendment No. 2
FOR AND ON BEHALF OF:
Maricopa County
___________________________________
Jack Sellers, Chairman Date
Board of Supervisors
Attested to:
___________________________________
Juanita Garza, Clerk of the Board
This Amendment No. 2 has been reviewed by the undersigned Attorney who has 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:
BY: ____________________________
Attorney for County Date
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