SUBGRANT AGREEMENT-MCESA REGIONAL CENTERS 9.8.16.PDF

SUBGRANTEE AGREEMENT ARIZONA DEPARTMENT OF
EDUCATION
1535 W. Jefferson, Bin #37
Phoenix, Arizona 85007
(602) 364-2517
Agreement No:17-03-EDSG
PROJECT TITLE: JAVITS
GRANT REGIONAL BASED Effective Date: 9/01/2015
SERVICE, SUPPORT AND
TECHNICAL ASSISTANCE
Termination Date: 8/31/2018
This Subgrantee Agreement is entered into, pursuant to Arizona Revised Statutes (A.R.S.) § 35-148 et seq.
between the Arizona Department of Education (ADE), and the Maricopa County Education Service Agency
(Regional Center) (CENTER)
The CENTER agrees to perform the services defined in this Agreement and Work Statement. Any modifications
(Amendments) signed by both parties are adopted by reference and become part of this Agreement as of the
effective date of the Amendment.
For clarification contact:
Name: Don Covey, Maricopa County Superintendent
Phone: (602) 372-0428
Email: don.covey@mcesa.maricopa.gov
Maricopa County Education Service Agency
Signature of Person Authorized to Sign
Center Name Date
4041 N. Central Ave., Ste. 1100
Address Printed Name
Phoenix AZ 85012
City State Zip Code Title
This Agreement shall henceforth be referred to as Subgrantee Agreement No. 17-03-EDSG
Arizona Department of Education
Awarded this day of August, 2016
Chief Procurement Officer
Revised 2/8/2008

Arizona Department of Education
Agreement No. 1535 W Jefferson, Bin # 37
17-03-EDSG Phoenix, Arizona 85007
1. Purpose of Agreement
The purpose of this Agreement is for the CENTER to provide, in collaboration with the
Arizona Department of Education (ADE), regionally-based service, support and technical
assistance to LEAs in successfully implementing the Arizona Aligning Efforts for Talent
Development Project (USED Jacob K. Javits Gifted Education Grant) program.
2. Term of Agreement
This Agreement is effective from 9/01/2015 through 8/31/2018 and can be renewed in
accordance with Section 3, or be terminated in accordance with Sections 10 and 12.
3. Renewal of Agreement
This Agreement may be renewed for additional terms, upon agreement of the CENTER and
ADE, and by both parties signing an Amendment extending this Agreement. ADE shall
prepare the Amendment for additional periods for both parties' signatures.
4. Scope of Services
ADE and the CENTER shall perform the obligations agreed to by each as set forth in
Attachment "A," attached hereto and incorporated herein by this reference.
5. Payment
As payment for full and satisfactory performance of the services, the ADE agrees to pay the
CENTER as outlined in Attachment B-Price Sheet.
6. Compliance with A.R.S. § 35-148
ADE shall reimburse for services performed or advance funds for services to be performed.
If funds are advanced, the CENTER shall make an accounting of expenditures and return any
unused funds to ADE at the termination of this Agreement.
7. Changes
Any changes to this Agreement (Amendments) shall be in writing and signed by both parties.
8. Arbitration
Both parties agree to resolve all disputes arising out of or relating to this Agreement through
arbitration, after exhausting applicable administrative review, to the extent required by A.R.S.
§ 12-1518, except as may be required by other applicable statutes.

Arizona Department of Education
Agreement No. 1535 W Jefferson, Bin #37
17-03-EDSG Phoenix, Arizona 85007
9. Breach
This agreement may be terminated by either party if the other party fails to fulfill its
obligations.
10. Termination
Except as otherwise provided, this Agreement may be terminated without cause upon thirty
(30) days written notice by either party.
11. Governing Law
This Agreement shall be governed and interpreted by the laws of the State of Arizona, and to
the extent applicable, the Arizona Procurement Code (A.R.S. § 41-2501, et seq.) and the
administrative rules promulgated thereunder (A.A.C. R2-7-901 et seq.).
12. Non-Availability of Funds
Payment and service obligations are conditioned upon the availability of funds appropriated
or allocated for the payment or support of such obligation. If funds are not allocated and
available for the continuance of this Agreement, the Agreement may be terminated by either
party at the end of the period for which funds are available. No liability shall accrue to the
terminating party in the event this provision is exercised, and neither party shall be obligated
or liable for any future payments or for any damages as a result of termination under this
paragraph.
13. Cancellation for Conflict of Interest
This agreement is subject to cancellation under A.R.S. § 38-511.
14. Non-Discrimination
Both parties shall comply with Executive Order 09-09, which mandates that all persons
regardless of race, color, religion, sex, age, national origin or political affiliation, shall have
equal access to employment opportunities, and all other applicable State and Federal
employment laws, rules, and regulations, including the Americans with Disabilities Act. The
parties shall take affirmative action to ensure that applicants for employment and employees
are not discriminated against due to race, creed, color, religion, sex, national origin, political
affiliation or disability.
15. Records
Pursuant to A.R.S. §§ 35-214 and 35-215, both parties shall retain all data, books and other
records ("Records") relating to this Agreement for a period of five years after completion of
the Agreement. All Records shall be subject to inspection and audit by the State at
reasonable times. Upon request, the parties shall produce the original of any or all such
Records.

Arizona Department of Education
Agreement No. 1535 W Jefferson, Bin # 37
17-03-EDSG Phoenix, Arizona 85007
16. Compliance Requirements for A.R.S. § 41-4401, Government Procurement: E-Verify
Requirement
A. The CENTER warrants compliance with all Federal immigration laws and regulations
relating to employees and warrants its compliance with Section A.R.S. § 23-214,
Subsection A. (That subsection reads: "After December 31, 2007, every employer, after
hiring an employee, shall verify the employment eligibility of the employee through the E-
Verify program.)
B. A breach of a warranty regarding compliance with immigration laws and regulations shall
be deemed a material breach of the contract and the CENTER may be subject to
penalties up to and including termination of the contract.
C. Failure to comply with a State audit process to randomly verify the employment records
of CENTERs shall be deemed a material breach of the contract and the CENTER may be
subject to penalties up to and including termination of the contract.
D. ADE retains the legal right to inspect the papers of any employee who works on the
contract to ensure that the CENTER is complying with the warranty under paragraph A.
17. Confidentiality
ADE and CENTER may choose, from time to time, in connection with work contemplated
under this Agreement, to disclose confidential information to each other (Confidential
Information). All such disclosures must be in writing and marked as Confidential Information.
The Parties shall not disclose to unauthorized third parties any Confidential Information of the
other Party and will use such information only for the purposes of this Agreement, and for
three (3) years after the termination of this Agreement; provided that the receiving Party's
obligations hereunder shall not apply to information that: A. is already in the receiving Party's
possession at the time of disclosure; or, B. is or later becomes part of the public domain
through no fault of the receiving Party; or, C. is received from a third party with no duty of
confidentiality to the disclosing party; or, D. was developed independently by the receiving
party prior to disclosure; or, E. is required to be disclosed by law or regulation.
Any information that is transmitted orally or visually, in order to be protected hereunder, shall
be identified as such by the disclosing party at the time of disclosure, and identified in writing
to the receiving party, as Confidential Information, within thirty (30) days after such oral or
visual disclosure. The CENTER shall retain the right to refuse acceptance of such
Confidential Information that is not required for the purposes of this agreement.
Both parties agree to comply with the federal Family Educational Rights and Privacy Act of
1974. This applies to all provisions of this Agreement which involves identifiable individual
student data.
18. Capital Equipment/Software
Disposition of property acquired for the purpose of this Agreement shall be determined by
ADE upon termination or completion. The CENTER shall provide ADE with an inventory for
this property within 90 days of termination of this Agreement.

Arizona Department of Education
Agreement No. 1535 W Jefferson, Bin # 37
17-03-EDSG Phoenix, Arizona 85007
19. Property of the State
Title and exclusive copyright to all reports, information, data, curricula, materials, and
software prepared and delivered by CENTER in performance of this Agreement shall
vest in the State of Arizona.
20. Public Record
Both parties recognize that work product developed under this Agreement become public
information, except as limited by section 18, "Confidentiality" and as provided by State
and Federal statutes and regulations.
21. Notices
All written communications shall be addressed and mailed or personally served as follows:
To the CENTER: To ADE:
Don Covey, Maricopa Superintendent; Rudy Melendez, Procurement Specialist
Lori Shough; Procurement, Bin # 37
Kristine Morris; and Arizona Department of Education
Rebecca Brunner 1535 West Jefferson
Maricopa County Education Service Phoenix, AZ 85007
Agency Telephone: (602) 542-4235
4041 N. Central, Suite 1100 Email: Rudy.Melendez@azed.gov
Phoenix, AZ 85012 Technical Contact: Peter Laing
Telephone: (602) 372-0428 Telephone: (602) 364-3842
Email: don.coveyAmcesa.maricopa.gov Email: Peter.Laing@azed.gov
Lori.ShoughAmcesa.maricopa.gov
Kristine.Morris(O ricopa.gov
rebecca.brunnerAmcesa.maricopa.gov

SUBGRANTEE AGREEMENT Agreement Number:
ATTACHMENT A — SCOPE OF WORK 1 7-03-EDSG
Goal
The Center Shall Provide Regionally-Based Service, Support and Technical Assistance, in Collaboration with ADE to
Arizona Aligning Efforts for Talent Development Project (USED Jacob K. Javits Grant) Project LEAs:
Scope of Work Framework
1. The Regional Center (Center) shall, in collaboration with the ADE, engage in Ongoing Communication, and Support Project
LEA Collaboration, Related to the Javits Grant with Regional LEAs. The Center shall:
a. Regularly communicate with Project LEAs and member ESAs regarding Javits Grant activities (including, but not limited
to: websites, regional meetings and symposiums, webinars, email communications and site visits);
b. Identify and encourage collaboration among Project LEAs and member ESAs in support of Javits grant activities;
2. The Center shall, in collaboration with the ADE, support the implementation of the Javits grant. The Center shall:
a. Provide and support Collaborative School Improvement and Sustainability Planning, in partnership with ADE, through
serving as active members of the Integrated Support Teams (1ST) identified to support participating Project LEAs;
b. Provide technical assistance, in partnership with ADE, and resources to participating Project LEAs to support the
development, refinement and implementation of their local gifted education, talent development and advanced learning
programs;
c. Provide Professional Development for Educators (teachers, administrators, coaches, instructional specialists), in
partnership with ADE, to Project LEAs in gifted education, talent development and advanced learning;
d. Provide Professional Development focused on Leadership (LEA Leadership team, administrators, coaches, PLC Data
Team), in partnership with ADE, to Project LEAs in support of implementing gifted education, talent development and
advanced learning programs;
e. Provide and support Family and Community Outreach activities, in partnership with ADE, focused on gifted education,
talent development and advanced learning programs in support of participating Project LEAs;
f. Partner with ADE to ensure fidelity of implementation of participating Project LEA implementation plans (Note: the 'fidelity
of implementation' process, to include means, methods, responsibilities and reporting will be collaboratively developed by
ADE and Regional Centers)
Reports
The Center will provide all required reports to ADE in a timely manner. Report form and format requirements are currently TBD.
Final requirements will be in a form and format acceptable to ADE, the Center and any involved third party.

SUBGRANTEE AGREEMENT Agreement Number:
ATTACHMENT B — PRICE SHEET 17-03-EDSG
1. Payment(s) to CONTRACTOR. The method of payment, time of payment, and source of funds are:
Source of funds: USED Jacob K. Javits Gifted Education Grant
CFDA Number: 84.206A
Amount shall not exceed $150,000.00.
2. The CENTER shall submit completed ADE FORMs-701d and 701b (subject to modification by the program office).
3. If indirect cost is included, the CENTER shall submit a copy of the Indirect Cost Rate Agreement from its cognizant
agency for such indirect cost. Indirect cost may be restricted or disallowed on some projects. Check with the
appropriate program office for more information.
3. If the CENTER expends $500,000 or more in federal funds, the CENTER shall have an audit performed pursuant
to OMB Circular A-133 and submit the results of that audit to ADE within 9 month of the end of the CENTER'S
fiscal year.

ARIZONA DEPARTMENT OF EDUCATION INSTRUCTIONS:
INTERAGENCY SERVICE AGREEMENT
BUDGET/ESTIMATED NEEDS PAYMENT SCHEDULE Submit original to ADE Contracts Management Unit as
FOR INSTITUTIONS OF HIGHER EDUCATION, STATE part of proposed Agreement/amendment..
AGENCIES AND OTHER AGENCIES.
A. AGREEMENT IDENTIFICATION FOR THE BUDGET PERIOD From: 9/01/2015 To: 8/31/2018
1. Applicant Agency: IIII lEliort Covey 3. Agreement No.:
Maricopa County Education Service Agency 11111111II ""-:)428 1 7-03-EDSG
4. Funding source (Chapter 1, etc.): Jacob K. Javits Gifted Education I Date submitted: Index No.:
Grant
CFDA No.: 84.206A
6. Proposal Name (If any): 7. Check ONE [ X ] New [ ] Renewal Application
[ ] Completion Report 1 ] Amendment ] ADE Revision
,
B. AGREEMENT BUDGET REQUEST AMENDED EXPENDITURE BUDGET
*EXPENDITURE BUDGET CHANGES BUDGET TO DATE BALANCE
CATEGORIES (1) (2) (3 ) (4) (5)
8. Salaries - Instructional
9. Salaries - Non- $ 30,000.00
instructional
10. Employee Benefits $ 11,700.00
11. Travel $ 9,000.00
12. Supplies and Materials $ 15,000.00
13. Purchased Services $ 78,000.00
/Consultant Fees
14. Tuition
15. Printing &Reproduction $ 3,000
16. Utilities and
Communications
17. Other ( Project $ 3,300
Operating Expenses)
18. SUBTOTAL $150,000.00
19. Indirect Cost ( % x
line 18)
20. Capital Outlay
21 TOTAL
22. Administrative Costs
23. Cash Balance (For Comp etion Purposes)
* SEE INSTRUCTIONS ON NEXT PAGE
COMPLETION REPORT SIGNATURE (Blue Ink Only)
I hereby certify that this is a reasonable statement of total expenditures for this Agreement.
Applicant Authorized Agent Date
D. SUMMARY OF AVAILABLE FUNDS INCLUDED IN BUDGET ABOVE
C. ESTIMATED NEEDS PAYMENT SCHEDULE (Original [ ] Revised [ ] Date
FY FY FY
Jul Jan Jul Jan Jul Jan
Aug Feb Aug Feb Aug Feb
Sept Mar Sept Mar Sept Mar
Oct Apr Oct Apr Oct Apr
Nov May Nov May Nov May
Dec Jun Dec Jun Dec Jun
TOTAL TOTAL TarAl,
E FORM-701d (FEB 01)

SUBGRANTEE AGREEMENT Agreement Number:
17-03-EDSG
ATTACHMENT C — INTELLECTUAL PROPERTY
• CENTER Materials and Inventions. As between the parties, CENTER shall own all rights, title, and interests, in and to:
all CENTER Materials and Inventions, including all patents, copyrights, trade secrets, and any other intellectual property
rights pertaining thereto; all changes, modifications, updates or enhancements thereto made by CENTER; and all
derivative works therefrom. CENTER shall grant to ADE for the duration of the term of the Agreement a nonexclusive,
worldwide right and license to copy, distribute, transmit, display, perform, create derivative works from, sub-license and
otherwise use and exploit the CENTER Materials, in any medium now known or hereafter developed, provided that
ADE and CENTER shall negotiate in good faith a mutually agreeable arrangement for an appropriate licensing fee
payable to CENTER for any such license that will allow CENTER to recover any of its direct, out of pocket development
costs in such CENTER Materials. To the extent any such license to ADE relates to CENTER Materials licensed from a
third party and such third party license permits use of the Materials outside of the scope of this Agreement or Statement
of Work without any additional incremental charge, then the license between ADE and CENTER shall likewise not
include any additional incremental charge (over and above cost recovery for CENTER) with respect to such Materials.
Except as otherwise requested or approved by CENTER, ADE shall cease all use of the CENTER Materials upon
expiration or termination of the Agreement, and shall immediately return or destroy the same at CENTER's direction.
• ADE Materials and Inventions. From time to time, ADE may provide CENTER with certain ADE Materials. ADE shall
own all rights, title, and interests in and to: all ADE Materials and Inventions including all patents, copyright, trade
secrets, and any other intellectual property rights pertaining thereto; all changes, modifications, updates or
enhancements thereto made by ADE or CENTER; and all derivative works therefrom. ADE hereby grants to CENTER a
revocable, nonexclusive, non-assignable, non-transferable, worldwide limited right and license to copy, distribute,
transmit, display, perform, create derivative works, sublicense and otherwise use and exploit the ADE Materials for the
performance of the Services hereunder. The foregoing license does not give CENTER, and CENTER is not authorized,
to sublicense such ADE Materials. Except as otherwise requested or approved by ADE, CENTER shall cease all use of
the ADE Materials upon expiration or termination of the Agreement, and shall immediately return or destroy the same at
ADE's direction.
• Joint Inventions. During the term of this Agreement, the parties jointly may conceive of Inventions relating to the
provision of Services hereunder. In such event, CENTER and ADE shall jointly own any such Invention. All rights, title,
and interests are jointly and equally shared by the CENTER and the ADE. In the event that such Inventions relate to
Materials licensed from a third party and such third party requires fees for said Materials, each party shall be
responsible for covering the costs of their use of these third party Materials outside the scope of this agreement. To the
extent any such Inventions relates to Materials licensed from a third party and such third party license permits use of
the Materials outside of the scope of this Agreement or Statement of Work without any additional incremental charge,
then likewise, there shall be no additional incremental charge to either party by the other with respect to such Materials.
• Defined Terms. For purposes hereof, the following terms have the following meanings:
• "Invention" shall mean any idea, design, concept, technique, process, machine, discovery or improvement, whether or
not patentable, conceived of or made solely or jointly by CENTER and CENTER's employees, or jointly by CENTER
and CENTER's employees with one or more employees of ADE, during the term of this Agreement and in the
performance of this Agreement, provided that either the conception or reduction to practice thereof occurs during the
term of this Agreement and in the performance of the Agreement.
• "Materials" shall mean any computer software, computer programs, architecture, computer functionalities, computer
interfaces, computer code, computer files, images, photographs, designs, forms, data listings, or compilations or
databases, graphics, artwork, text or writings, documents, abstracts and summaries thereof or any other related items
or information reasonably required for the performance of the Services. "Materials" include Materials created by or for
ADE ("ADE Materials") and Materials created by or for CENTER ("CENTER Materials").