GILBERT UNIFIED SCHOOL DISTRICT IGA.PDF

INTERGOVERNMENTAL AGREEMENT
FOR SERVICES
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
GILBERT UNIFIED SCHOOL DISTRICT
Agreement Start Date: August 1, 2016
Agreement Termination Date: June 30, 2019
Contract No: ___________________
This non-financial Intergovernmental Agreement (“Agreement”) is entered into by and between Gilbert
Unified School District (hereinafter referred to as the “District”) and Maricopa County, administered by its
Human Services Department (hereinafter collectively referred to as the “County”). The District and the
County are collectively referred to herein as the “Parties” and individually as a “Party.” The Parties, for and in
consideration of the covenants and conditions set forth in this Agreement, shall provide and perform the
requirements set forth herein. 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 and in:
Section I – General Provisions
Section II – Special Provisions
Section III – Work Statement
Appendix – Facilities
District’s Representative:
Dr. Christina M. Kishimoto, Superintendent
Address: 140 S. Gilbert Road, Gilbert Arizona 85296
Phone: 480-497-3342
Email: Christina.kishimoto@gilbertschools.net
County Representative:
Alecia Jackson, Assistant Director Early Education Division
Address: 234 N. Central, Suite #3201, Phoenix, AZ 85004
Phone: 480-464-9669 ext. 201
Email: jacksona002@mail.maricopa.gov
With a copy to:
Maricopa County Facilities Management
Attn: Chief Real Estate Officer
2801 W. Durango Street
Phoenix, AZ 85009
Legal notice under this Agreement shall be given by personal delivery or by registered or certified mail,
postage prepaid and return receipt requested, to the persons at the addresses set forth above and shall be
effective three (3) days after being mailed unless otherwise indicated in the notice.
THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY ARE AWARE THAT THE
CIVIL SERVICES DIVISION OF THE MARICOPA COUNTY ATTORNEY’S OFFICE (CIVIL
DIVISION) MAY BE CHOSEN AS THE ATTORNEY FOR OTHER PARTIES TO THIS
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AGREEMENT, AND THE SIGNING PARTY ACKNOWLEDGES THAT IT IS AWARE OF A
POTENTIAL CONFLICT OF INTEREST, AND IT WAIVES ANY CLAIM OF CONFLICT OF
INTEREST, WHICH MAY ARISE BY VIRTUE OF CIVIL DIVISION’S REPRESENTATION OF
OTHER PARTIES TO THIS AGREEMENT.
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any Party
hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in a
lawsuit brought against the County, or Contractor in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
APPROVED BY: APPROVED BY:
GILBERT UNIFIED SCHOOL DISTRICT MARICOPA COUNTY
______________________________________ _____________________________________
Authorized Signature Chairman, Board of Supervisors
______________________________________ _____________________________________
Date Date
Attested to:
______________________________________
Clerk of the Board Date
IN ACCORDANCE WITH A.R.S. §§ 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE
UNDERSIGNED ATTORNEY WHO HAS DETERMINED THAT THIS AGREEMENT IS PROPER
IN FORM AND WITHIN THE POWER AND AUTHORITY GRANTED TO MARICOPA COUNTY
UNDER THE LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
________________________________ _____________________________________
Attorney for the District Attorney for the County
________________________________ _____________________________________
Date Date
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SECTION I
GENERAL PROVISIONS
Maricopa County
Human Services Department
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SECTION I GENERAL PROVISIONS
A. PURPOSE
The purpose of this Agreement is for the District to provide services to preschool children, including
children with disabilities as defined in A.R.S. §15-761, ages three years old to kindergarten-eligible five-
year-old, in compliance with federal and State laws and regulations, and in accordance with District
policy, and Improving Head Start for School Readiness Act of 2007 (42 U.S.C. §§ 9801, et seq.), by
referring eligible children to the County’s Head Start program.
B. EFFECT
To the extent that the Special Provisions (as defined herein) are in conflict with the General Provisions
(as defined herein), the Special Provisions shall control. To the extent that the Work Statement (as
defined herein) and the Special Provisions or the General Provisions are in conflict, the Work
Statement shall control.
C. DEFINITIONS
As used throughout this Agreement, the following words and terms shall have the following
meanings:
1. Assistant Director means the Director of the Head Start Division of the Human Services
Department.
2. Director means the Director of the Maricopa County Human Services Department.
3. General Provisions means the terms set forth in Section I of this Agreement.
4. Subcontract means any contract entered into by the District or the County with a third party
for performance of any of the work or the provisions of any of the services under this
Agreement.
5. Work Statement means Section III of this Agreement which describes the services to be
delivered under this Agreement.
6. Special Provisions means the terms set forth in Section II of this Agreement.
D. GENERAL REQUIREMENTS
1. The terms of this Agreement shall be construed in accordance with Arizona law. Any lawsuit
arising out of this Agreement shall be brought in the appropriate court in Maricopa County,
Arizona.
2. District shall, without limitation, obtain and maintain all licenses, permits and authority
necessary to do business, render services, and perform work under this Agreement, and shall
comply with all laws regarding unemployment insurance, disability insurance, and workers’
compensation.
3. District is an independent contractor in the performance of work and the provision of services
under this Agreement and is not to be considered an officer, employee, or agent of the County.
4. For purposes of this provision, the terms "substantial interest" and "relative" shall have the
meanings prescribed by A.R.S. § 38-502.
E. AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for both
Parties.
F. ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or
subcontracted, in whole or in part, by the District without the prior written approval of the County.
The District shall bear all liability under this Agreement, even if it is assigned, delegated, or
subcontracted, in whole or in part, unless the County agrees otherwise.
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SECTION I GENERAL PROVISIONS
G. AVAILABILITY OF FUNDS
This Agreement shall is non-financial, but if any action is taken by any State Agency, Federal
Department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal
obligations under or in connection with this Agreement, the Parties may amend, suspend, decrease,
or terminate its obligations under or in connection with this Agreement. In the event of termination,
the Party initiating the termination of this Agreement shall be liable for payment only for services
rendered prior to the effective date of the termination, provided such services are performed in
accordance with the provisions of this Agreement. The Party initiating termination of this Agreement
shall give at least ten (10) days prior written notice of the effective date of any suspension,
amendment, or termination under this section.
H. NON-APPROPRIATION OF FUNDS
Notwithstanding any other provision herein, this Agreement may be terminated with ten (10) days’
without liability if the Party does not appropriate sufficient monies for the purpose of maintaining this
Agreement.
I. DEFAULT
This Agreement may be immediately terminated by either Party if the other Party fails to perform any
objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes a
Party’s ability to perform any of its obligations under this Agreement. The County reserves the right to
have required services provided by persons other than the District if the District is unable or fails to
provide required services within a reasonable period of time.
J. TERM/EFFECTIVE DATE/RENEWAL LIFE OF THE AGREEMENT:
The term of this is Agreement is from August 1, 2016 to June 30, 2019. The Agreement is effective
when fully executed by the Parties. The Agreement may be extended for two (2) additional three-year
terms upon written agreement of the Parties.
K. TERMINATION
1. This Agreement is subject to cancellation in accordance with the provisions of A.R.S. § 38-
511, which means the Parties may cancel this Agreement without penalty or further obligation
within three years after execution of this Agreement, if any person significantly involved in
initiating, negotiating, securing, drafting or creating the contract Agreement on behalf of the
Party is at any time while this Agreement or any extension of thereof is in effect, an employee
or agent of any other party to this Agreement in any capacity or consultant to any other party
of this Agreement with respect to the subject matter of this Agreement. Additionally, pursuant
to A.R.S § 38-511, the 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 Parties from any other Party to the Agreement arising as the result of this
Agreement.
2. Either Party may terminate this Agreement for convenience and without cause and at any
time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless
terminated by the Board of Supervisors under the Availability of Funds provision). The
notice shall be given by personal delivery or by registered or certified mail, postage prepaid
and return-receipt requested, to the persons at the addresses set forth on Page One of this
Agreement.
3. This Agreement may be terminated by mutual written agreement of the Parties specifying
the termination date therein.
4. The County has the right to terminate this Agreement upon twenty-four (24) hours’ notice
when the County deems the health or welfare of the service recipients are endangered or the
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SECTION I GENERAL PROVISIONS
District’s non-compliance jeopardizes funding source financial participation. If not
terminated by one of the above methods, this Agreement will terminate upon the expiration
of the term of this Agreement.
L. 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.
M. STRICT COMPLIANCE
The County’s acceptance of the District’s performance that is not in strict compliance with the terms of
this Agreement shall not be deemed to waive the requirements of strict compliance for all future
performance. All changes in performance obligations under this Agreement shall be in writing and
signed by both Parties.
N. NON-LIABILITY
The County, its officers, representatives, agents, and employees shall not be liable for any act or
omission by District, any subcontractor, or any officer, representative, agent, or employee of District or
any Subcontractor that relates to this Agreement, and shall not be liable for any purchases or contracts
made by District, any Subcontractor, or any officer, representative, agent and employee of District or
any Subcontractor, in connection with this Agreement.
O. RECIPROCAL INDEMNIFICATION
1. Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party
(as “Indemnitee”) from and against all claims, losses, liability, costs, or expenses (including
reasonable attorneys’ fees, expert witnesses’ fees and other litigation costs) (hereinafter
collectively referred to as “Claims”) arising out of bodily injury (including death) of any person
or property damage, but only to the extent that such claims, which result in vicarious 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.
2. The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
P. INSURANCE
1. The District, 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.
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.
3. The District’s insurance shall be primary insurance as respects County, and any insurance or
self-insurance maintained by County shall not contribute to it.
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.
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
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SECTION I GENERAL PROVISIONS
respect to the coverage provided to County under such policies. The District shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require the District to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
6. 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 District of any
deficiencies in such policies and endorsements, and such receipt shall not relieve the District
from, or be deemed a waiver of County’s right to insist on strict fulfillment of the District’s
obligations under this Agreement.
7. The insurance policies required by this Agreement, except Workers’ Compensation, shall
name County, its agents, representatives, officers, directors, officials and employees as
Additional Insured’s.
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 District’s work or
service.
9. The District’s policies shall stipulate that the insurance afforded the District 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).
10. Coverage provided by the District shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
11. Commercial General Liability:
a. 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.
12. Workers’ Compensation:
a. Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of the District’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.
b. The District 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 District pursuant to this Agreement.
13. Sexual Molestation And Physical Abuse:
a. 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 District whose services
include working with and/or caring for children/elderly and disabled persons should
have their policies specifically endorsed to include this coverage.
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SECTION I GENERAL PROVISIONS
b. 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
14. Commercial General Liability – Occurrence Form:
Policy shall include bodily injury, property damage and broad form contractual liability
coverage.
15. The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
16. 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 District".
Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
17. Certificates of Insurance:
a. Upon Agreement execution, the District shall furnish the County with valid and
complete certificates of insurance or formal endorsements as required by the
Agreement, issued by the District’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.
b. Prior to commencing work or services under this Agreement, the District shall have
insurance in effect as required by the Agreement in the form provided by the
County, issued by the District’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 DISTRICT
AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS
REQUIREMENT WILL RESULT IN CANCELLATION OF AGREEMENT.
c. 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 District’s work or services and as evidenced by annual Certificates of
Insurance.
d. 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.
18. Cancellation and Expiration Notice:
a. Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
b. If the District 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, District shall carry minimum liability coverage of
$2,000,000 each occurrence and provide the County with proof of coverage.
19. Subcontractors:
The District’s certificate(s) shall include all subcontractors as insureds under its policies or
District shall furnish to Maricopa County separate certificates for each subcontractor. All
coverages for subcontractors shall be subject to the minimum requirements identified above.
20. Approval:
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SECTION I GENERAL PROVISIONS
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.
21. Exceptions:
In the event the District 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.
Q. CLEAN AIR ACT
The District shall comply with all regulations, standards and orders issued pursuant to the Clean Air
Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of
performance under this Agreement.
R. RELIGIOUS ACTIVITIES
The District warrants that none of its costs and none of the costs incurred by any subcontractor will
include any expense for any religious activity.
S. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the District under
this Agreement shall be used for any partisan political activity, or to further the election or defeat of
any candidate for public office.
T. COVENANT AGAINST CONTINGENT FEES
The District warrants that no person or entity has been employed or retained to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee. For breach or violation of this warranty, the County may immediately terminate this
Agreement without liability.
U. SAFEGUARDING OF PARTICIPANT INFORMATION
1. The District 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 District shall release information to the County, Arizona Department of
Education, and to the Attorney’s General’s Office as required by the terms of this Agreement,
by law or upon their request.
2. The District shall comply with the requirements of the Arizona Address Confidentiality
Program, A.R.S. § 41-161 et. seq. The County will advise the District as to applicable policies
and procedures adopted for such compliance.
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 District and its agents shall safeguard the confidentiality of this information,
just as the District would safeguard its own confidential information. The District shall
include a clause to this effect in all subcontracts related to this Agreement.
4. Notwithstanding any other terms of this Agreement, the Parties agree to comply with Family
Educational Rights and Privacy Act (FERPA) and regulations at 34 CFR 99.33 in regards to
protection of educational data concerning participant. The Parties acknowledge that this
Agreement allows access to educational data, and agree to hold that information in strict
confidence and not to use or disclose educational data received from or on behalf of either
party except as permitted or required by this Agreement, as otherwise required or allowed by
law, or as authorized in writing by the subject participant or participant’s legal guardian.
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SECTION I GENERAL PROVISIONS
V. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without cost or
other restriction, except as otherwise provided by law or applicable regulation. Each Party shall
supply to the other Party, upon request, any available information that is relevant to this Agreement
and to the performance hereunder.
W. COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright the work,
but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce,
publish, use, and to authorize others to use all copyrighted material and all material that can be
copyrighted as a result of this Agreement.
X. PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this
Agreement shall be promptly and fully reported to the County for determination as to whether
patent protection on such invention or discovery shall be sought and how the rights in the invention
or discovery, including rights under any patent issued thereon, shall be disposed of and administered,
in order to protect the public interest.
Y. WARRANTY OF SERVICES
1. The District warrants that all services provided hereunder will conform to the requirements
of the Agreement, including all descriptions, specifications and attachments made a part of
this Agreement. County’s acceptance of services or goods provided by the District shall not
relieve the District from its obligations under this warranty.
2. In addition to its other remedies, County may, at the District's expense, require prompt
correction of any services failing to meet the District's warranty herein. Services corrected by
the District shall be subject to all the provisions of this Agreement in the manner and to the
same extent as services originally furnished hereunder.
Z. AGREEMENT COMPLIANCE MONITORING
The County shall monitor the District'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 District's normal business hours, announced or
unannounced. During an on-site visit, the District 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.
AA. MINIMUM WAGE REQUIREMENTS
The District 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 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.
BB. OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, direct services under this Agreement shall be
performed within the borders of the United States. Any services that are described in the specifications
or scope of work that directly serve the State of Arizona or its clients and may involve access to secure
or sensitive data or personal client data or development or modification of software for the State shall
be performed within the borders of the United States. Unless specifically stated otherwise in the
specifications, this definition does not apply to indirect or “overhead” services, redundant back-up
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SECTION I GENERAL PROVISIONS
services or services that are incidental to the performance of the Agreement. The provision applies to
work performed by subcontractors at all tiers.
CC. RECOGNITION OF COUNTY SUPPORT
The District shall give recognition to the County and the funding source for its support when the
District publishes materials or releases public information that is paid for in whole or in part with
funds supporting the services under this Agreement.
DD. TECHNICAL ASSISTANCE
The County shall provide reasonable technical assistance to the District to assist the District in
complying with State of Arizona and federal laws, regulations and accountability for diligent
performance and compliance with the terms of this Agreement and all applicable laws, regulations and
standards. However, this assistance shall not relieve the District of full liability, responsibility and
accountability for its actions and performance to comply with the terms of this Agreement.
EE. STAFF AND VOLUNTEER TRAINING
The County may make available to District the opportunity to participate in any applicable training
activities conducted by the County.
FF. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
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 District 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;
2. The District 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 District and copies provided to County upon
request; and
3. The District 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).
GG. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf of District, to
any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
2. If any funds, other than federal appropriated funds, have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with any federal contract, grant, loan, or cooperative agreement,
District shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying
Activities," in accordance with its instructions and 31 U.S.C. § 1352.
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SECTION I GENERAL PROVISIONS
HH. GRIEVANCE PROCEDURE
The District shall establish a system through which applicants for and recipients of services may present
grievances and may take appeals about eligibility and other aspects of the District's work under this
Agreement. The grievance procedure shall include provisions for notifying the applicants for, and
recipients of, services of their eligibility or ineligibility for service and their right to appeal to the
Department if the grievance is not satisfied by District.
II. NONDISCRIMINATION
The District, in connection with any service or other activity under this Agreement, shall not in any
way, discriminate against any person on the grounds of race, color, religion, sex, national origin, age,
disability, political affiliation, or belief. The District shall include this clause in all of its Subcontracts
related to this Agreement.
JJ. EQUAL EMPLOYMENT OPPORTUNITY
The District 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 District 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 District
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.
KK. RETENTION OF RECORDS
1. This provision applies to all financial and programmatic records, supporting document,
statistical records, and other records of the District that are related to this Agreement.
2. The District 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.
LL. DISABILITY REQUIREMENTS
The District 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.
MM. IMMIGRATION LAWS AND REGULATIONS
1. Federal Immigration and Nationality Act
a. 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.
12

SECTION I GENERAL PROVISIONS
b. 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.
c. 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
District or its subcontractor.
2. Arizona Law: The District warrants that it is in compliance with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledges:
a. That the District 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;
b. 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;
c. That the County and any contracting government entity retains the legal right to
inspect the papers and employment records of any District or Vendors employee who
works on this Agreement to ensure that the District or Vendors is complying with the
warranty provided under subsection 1 above and that the District agrees to make all
papers and employment records of said employee(s) available during normal working
hours in order to facilitate such an inspection.
NN. DRUG FREE WORKPLACE ACT
The District agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.),
which requires that the District 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.
OO. GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The District is required to use the Arizona Taxonomy of Human Services for reporting and contracting
purposes.
PP. EMPLOYMENT DISCLAIMER
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.
2. The Parties agree that no individual performing under this Agreement on behalf of the District
may be considered a County agent, employee, or representative and that no rights of County
civil service, County retirement, or County personnel rules shall accrue to or apply to any such
individual. The District shall have total responsibility for all salaries, wages, bonuses,
retirement, withholdings, workers’ compensation, occupational disease compensation,
13

SECTION I GENERAL PROVISIONS
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals and the District shall indemnify, defend, and
hold the County harmless with respect thereto.
3. The County agrees that no individual performing under this Agreement on behalf of County
may be considered a District agent, employee, or representative and that no rights of District
civil service, retirement, or personnel rules shall accrue to or apply to any such individual. The
County shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings,
workers’ compensation, occupational disease compensation, unemployment compensation,
other employee benefits, and all taxes and premiums appurtenant thereto concerning such
individuals and the County shall indemnify, defend and hold harmless the District with respect
thereto.
QQ. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned, by signing this Agreement, represents that he/she has the authority to bind District
to the terms of this Certification. The District, as the primary participant in accordance with 45 C.F.R.
Part 76, certifies to the best of its knowledge and belief that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any federal department or agency;
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;
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;
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;
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
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.
7. The District 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.
8. If the District is not able to provide this Certification, an explanation as to why shall be
immediately provided to the County, Attention: Assistant Director Early Education Division,
at the address set forth on the Cover Page of this Agreement.
RR. ISRAEL BOYCOTT:
Per House Bill 2617 Contractor certifies that they are not currently engaged in, and agrees for the
duration of the Contract to not engage in, a boycott of Israel.
14

SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services Department
15

SECTION II SPECIAL PROVISIONS
A. STANDARDS
The District shall perform the work and provide the services as identified in the Work Statement and
shall immediately notify the Assistant Director whenever the District is unable to, or anticipates an
inability to, perform any of the work, or provide any of the services required by the terms of this
Agreement.
B. COMPLIANCE WITH LAWS, RULES AND REGULATIONS
The District shall comply with all applicable laws, rules, and regulations, without limitation to those
designated in this Agreement.
C. RELEASE OF INFORMATION
Notwithstanding any other terms of this Agreement, the Parties shall comply with A.R.S. § 15-141
(review and inspection of educational records) the Family Educational Rights and Privacy Act (FERPA)
and regulations at 34 CFR 99.33 in regards to protection of educational data concerning participants.
The Parties acknowledge that this Agreement allows access to educational data, and agree to hold that
information in strict confidence and not to use or disclose educational data received from or on behalf
of either party except as permitted or required by this Agreement, as otherwise required or allowed by
law, or as authorized in writing by the subject participant or participant’s legal guardian.
D. CHANGES
1. This Agreement may not be amended without a written amendment executed by the Parties.
2. The District is required to notify the County, in writing, within fifteen (15) calendar days, of
any changes in the following:
a. The number of staff or the identity of staff funded with this Agreement
b. Agency authorized signatory
c. Agency address, phone, fax or email addresses
d. Person to whom Agreement notices should be sent
e. Any variation of insurance required by this Agreement
3. Notwithstanding the foregoing, the District and the Director may agree in writing, provided
an original of the executed document memorializing said changes is delivered to the Clerk of
the Board of Supervisors of Maricopa County, at any time, to make non-substantive changes
as follows:
a. Work Statement activities reflecting changes in the County’s regulations, policies, or
requirements.
b. Administrative requirements, such as reporting format quality, and/or quantity, as
required by the funding source or the County’s regulations, policies, or requirements.
4. Change orders shall also be in writing and executed by the District and the Director.
5. Any dispute or disagreement arising out of a Change Order shall constitute a “dispute”
under the Disputes of the General Provisions of this Agreement and shall be administered
accordingly.
E. BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY
1. The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety
as provisions of this Agreement.
2. The District shall ensure all employees, subcontractors and volunteers that provide direct
service to juveniles or vulnerable adults have Central Registry Background Checks completed.
The information contained in the Central Registry must be used as a factor to determine
qualifications for positions that provide direct service to juveniles or vulnerable adults as
follows:
a. Any person, their employees or volunteers who contract with the County; or
b. All employees of the Contractor; or
16

SECTION II SPECIAL PROVISIONS
c. A subcontractor of the District and the subcontractor’s employees; and
d. Prospective employees of the District or its subcontractor at the request of the prospective
employer.
3. Volunteers who provide direct services to children or vulnerable adults shall have a Central
Registry Background Check which is to be used as a factor to determine qualifications for
volunteer positions.
4. A person who is disqualified because of a Central Registry Background Check may apply to the
Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-619.57. A
person who is granted a Central Registry exception pursuant to A.R.S. § 41-619.57 is not
entitled to a contract, employment, licensure, certification or other benefit because the person
has been granted a Central Registry exception.
a. Before being employed or volunteering in a position that provides direct services to
children or vulnerable adults under this Agreement, persons shall certify on forms
provided by ADES whether an allegation of abuse or neglect was made against them and
was substantiated. The completed forms are to be maintained as confidential.
b. A person awaiting receipt of the Central Registry Background Check may provide direct
services to clients after completion and submittal of the Direct Service Position
certification form if the certification states:
i. The person is not currently the subject of an investigation of child abuse or neglect in
Arizona or another state or jurisdiction; and
ii. The person has not been the subject of an investigation of child abuse or neglect in
Arizona, or another state or jurisdiction, which resulted in a substantiated finding. The
Certification for Direct Service Position is located at:
www.azdes.gov/InternetFiles/InternetProgrammaticForms/doc/DDD-
1727AFORFF.doc - 2015-08-05
c. If the Central Registry Background Check specifies any disqualifying act and the person
does not have a Central Registry exception, the person shall be prohibited from providing
direct services to participants under this Agreement.
5. The Contractor shall maintain the Central Registry Background Check results and any related
forms or documents in a confidential file for five (5) years after termination of the Agreement.
The Request for Search of Central Registry for Background Check form is located at
https://www.azdes.gov/opac.
F. FINGERPRINTING
1. The District shall comply with, and shall ensure that all District’s employees, independent
contractor, subcontractors, volunteers and other agents comply with, all applicable (current
and future) legal requirements relating to fingerprinting, fingerprinting clearance cards,
certification regarding pending or past criminal matters, and criminal records checks that
relate to contract performance.
2. Applicable legal requirements relating to fingerprinting, certification, and criminal
background checks may include, but are not limited, to the following: A.R.S. §§ 36-594.01,
36-3008, 41-1964, and 46-141. All applicable legal requirements relating to fingerprinting,
fingerprint clearance cards, certification regarding pending or past criminal matters, and
criminal records checks are hereby incorporated in their entirety as provisions of this
Agreement. The District is responsible for knowing which legal requirements relating to
fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal
matters, and criminal records checks related to the Agreement performance.
3. To the extent A.R.S. §§ 46-141 is applicable to Agreement performance or the services
provided under this Agreement, the following provisions apply:
i. Personnel who are employed by the District, whether paid or not, and who are
required or allowed to provide services directly to juveniles or vulnerable adults shall
17

SECTION II SPECIAL PROVISIONS
have a valid fingerprint clearance card or shall apply for a fingerprint clearance card
within (7) seven working days of employment.
ii. Except as provided in A.R.S. § 46-141, this Agreement may be cancelled or terminated
immediately if a person employed by the District and who has contact with juveniles
certifies pursuant to the provisions of A.R.S § 46-141 (as may be amended) that the
person is awaiting trial or has been convicted of any of the offenses listed therein in
the State, or of acts committed in another state that would be offenses in this State, or
if the person does not possess or is denied issuance of a valid fingerprint clearance
card.
G. EVALUATION
1. The County may evaluate, and the District shall cooperate in the evaluation of, agreement
services. Evaluation may assess the quality and impact of agreement services, either in isolation
or in comparison with other similar services, and assess the District’s progress and/or success
in achieving the goals, objectives and deliverables set forth in this Agreement.
2. As requested by the County, the District shall participate in program evaluations relative to
contract impact in support of County goals.
18

SECTION III
WORK STATEMENT
Maricopa County
Human Services Department
19

SECTION III WORK STATEMENT
A. DEFINITIONS
As used in the Work Statement, the following terms shall have the following meanings:
1. Adaptive equipment means any modified device or piece of equipment that enhances the
independent functioning of the user.
2. Child Find means a concerted effort by State and local educational agencies to identify all
children with disabilities in need of special education services.
3. Due process procedures means procedures that safeguard the rights of children with
disabilities under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400, et
seq.).
4. Free Appropriate Public Education (FAPE) means Special education and related services
provided at public expense, designed by the Education for All Handicapped Children Act of
1975 (Public Law 94-142). Such services are to be described in the Individual Education Plan,
appropriate to the child's individual needs, and delivered by qualified professionals.
5. Head Start Program means a program, funded under the Head Start Act and carried out by a
Head Start agency or a delegate agency, that provides ongoing comprehensive child
development services.
6. Individual Educational Plan/Program (IEP) means a component of the Individuals with
Disabilities Education Act (IDEA) that requires a written plan of instruction for each child,
ages three to eighteen, who receives special services. The IEP must include a statement of the
child's present level of educational performance, annual goals, short-term objectives, specific
services needed by the child, dates when these services will begin and be in effect, and when
the child should be reevaluated. A multi-disciplinary team in cooperation with the child’s
parents/guardians develops each IEP. Individualized Education Programs are developed
through a process of appropriate professionals making recommendations based on the nature
and severity of the disability, least restrictive placement, services and personnel needed to assist
the child in meeting the objectives of the individualized education program.
7. Integration means specifically designed programs that combine typical children and children
with disabilities in the ongoing activities.
8. Least Restrictive Environment (LRE) means a concept from IDEA requiring that children
with disabilities be educated in an environment that is not more restrictive than their special
needs dictate. LRE requires that children with disabilities be educated with non-disabled peers
in regular education settings to the maximum extent appropriate.
9. Local Education Agency (LEA) means the school district in which the child resides, or in
which the child would attend school. The LEA is the entity that is legally responsible for the
provision of a free appropriate public education for those children, ages three through eighteen
years of age, who are eligible for special education.
10. Mainstreaming means programs for children without disabilities in which some children with
disabilities are appropriately enrolled.
11. Multidisciplinary approach means Individuals from different disciplines conduct evaluations
and plan appropriate interventions for a given child with documented, suspected, or
developmental delays and/or disabled.
12. Multidisciplinary Evaluation Team (MET) means Individuals from different disciplines,
including parents, who work together to conduct evaluations to determine a child’s eligibility
for special education services
13. Related service means Transportation and other developmental, corrective, and support
services deemed necessary to assist a child with a disability who would benefit from special
education.
14. Screening means the process of testing a large number of children with a relatively fast, easy,
and inexpensive procedure. Screening is used to identify those individuals who may be in need
of further in-depth assessment, which would determine whether a delay in development exists
20

SECTION III WORK STATEMENT
and whether that delay could require remediation or therapeutic intervention. Screening is part
of Child Find.
15. Special education means specially designed individualized instruction, provided at no cost to
parents, which meets the child's unique educational needs.
16. Transdisciplinary approach means a team approach in which team members work across
disciplinary boundaries to plan and provide integrated services.
17. Teaching Strategies GOLD™ means an assessment system which is observation-based for
children from birth through kindergarten that blends ongoing, authentic assessment in all areas
of development and learning with intentional, focused performance assessment tasks for
selected predictors of school readiness in the areas of literacy and numeracy. Teaching
Strategies Gold may be referred to as TSG or GOLD.
B. GOALS
The Parties will coordinate and collaborate with the appropriate local entity responsible for managing
publically funded preschool programs. For the service area of the Head Start agency to provide services
to preschool children including children with disabilities as defined in A.R.S. 15-761, ages three years
old to kindergarten-eligible five-year-old, in compliance with Federal and Arizona State laws and
regulations, and in accordance with District policy, and Improving Head Start for School Readiness Act
of 2007. (42 U.S.C. §§ 9831-9852a Pub. L. No. 110-134, codified at 42 U.S.C. § 9832(18)).
To support the Head Start Reauthorization Act (2007):
1. To improve availability and quality of services in the District and Maricopa County Head
Start for children ages three through five and their families.
2. To support children’s optimal development and readiness for school entry and success.
3. To address the unique strengths and needs of the local population, such as homeless,
migrant, or non-English speaking families.
4. To promote collaboration regarding shared use of facilities and other resources, as
appropriate.
5. To promote further collaboration to reduce duplication and enhance efficiency of services.
6. To define roles and responsibilities of the named parties toward coordination and greater
collaboration; enhance linkages and relationships; and exchange information on the
provision of educational and non-educational services.
7. Coordinate a comprehensive system, which guides and supports delivery of services to
children and their families.
C. COLLABORATION
The Parties will cooperatively maintain communications and share leadership responsibility at the local
level to ensure that all available resources are utilized in the most effective manner.
D. GUIDING PRINCIPLES:
1. Create and maintain a meaningful partnership to promote school readiness so children from
low-income families in Head Start programs, or who are preschool age, may receive
comprehensive services to prepare them for elementary school and to address any potential
“achievement gap”.
2. Develop successful linkages within the context of the Improving Head Start for School
Readiness Act of 2007 and local and state legislation, policies, and procedures.
3. Plan and implement strategies based on practice and research that have proven to support
children’s school success.
4. Respect the uniqueness of each locality’s needs and resources.
5. Promote the involvement of members of the early care and education communities.
6. Share commitment, cooperation, and collaboration for a coordinated delivery system.
21

SECTION III WORK STATEMENT
E. RESPONSIBILITIES OF THE PARTIES
1. Collaborate with parent(s) to provide necessary services to foster the maximum development
of each child's potential.
2. Hire and supervise staff according to each Parties’ program policy and procedures.
3. Provide orientation for staff regarding each Parties’ program regulations, requirements, goals,
service delivery models, procedures, and interagency agreements.
4. Provide access to regular and ongoing training events that keep staff abreast of new materials,
equipment, and practices related to serving all children including children with disabilities.
Each Party will notify the other Party of pertinent training sessions to allow staff and/or
parents to attend training when appropriate.
5. Coordinate Family Support staff to provide Family Support Services to enrolled families.
6. Support the family-professional partnerships to establish effective services to all children by:
a. including parents in appropriate training and activities,
b. inviting parents to all meetings regarding their child's progress, and
c. explaining procedural safeguards to the parent as appropriate.
7. Develop and implement a transition process to assure seamless delivery of services as a child
transitions from Early Head Start to Head Start/Preschool and from Head Start/Preschool to
kindergarten.
8. Jointly coordinate Child Find efforts to identify children who may have a disability.
9. Collaborate on outreach activities to McKinney-Vento Act individuals for recruitment of Head
Start eligible families.
10. Communicate on a monthly basis to share concerns, new strategies, techniques which have
proved successful, updates on new goals, and dates for upcoming IEP meetings.
11. Conduct a year-end evaluation when needed to determine eligibility and develop an IEP for
eligible children entering Head Start or Kindergarten. This process shall include the parent(s).
Whenever possible, the receiving district teacher and/or psychologist should observe the child
in a classroom setting prior to the meeting.
12. Work together for the review, coordination, collaboration, alignment, and implementation of
each of the following 11 activities as mandated by the Improving Head Start for School
Readiness Act of 2007:
a. Educational activities, curricular objectives and instruction, the Department and the
District will:
i. adhere to and utilize the Arizona Early Learning Standards that are aligned with
Head Start Child Outcomes. The Parties will share ongoing assessment data in
Teaching Strategies GOLD as appropriate.
ii. collaborate in the development of school readiness goals; provide input and
feedback on school readiness outcomes.
iii. collaborate to ensure Family Style meals are provided in the classroom in
accordance with the Performance Standards in 45 CFR 1304.23©4.
iv. collaborate to ensure water and sewer systems allow for tooth brushing activities can
be provided in the classroom in accordance with the Performance Standards 45
CFR 1304.
v. collaborate on basic janitorial needs to ensure health and safety of the children is
maintained in conformance with the Performance Standards in 45 CFR 1304.
vi. Inform Head Start classroom staff of disaster plans, emergency procedures and
safety advisories developed for the classroom site.
b. Public Information dissemination the Department and the District will:
i. share all information on enrollment guidelines.
ii. enrollment information may be posted on the Parties’ websites as well as sites within
the service areas
22

SECTION III WORK STATEMENT
iii. program contact information will be provided to families
iv. event activities will be shared for recruitment opportunities
v. Kindergarten registration information will be shared the Department
c. Selection Priorities
i. Flyers and information regarding federal income guidelines for both programs and
service area information will be available at recruitment events, program offices, and
schools and sites within the service area. Communication and collaboration with the
Homeless Liaison and Head Start staff will be ongoing and as needed for the
purpose of providing services to the homeless community.
d. Service Areas
i. Service areas include the District and in the boundary constraints of Maricopa
County Head Start.
e. Staff Training
i. Each Party’s staff training will be made available to the other Party’s staff. The
Parties will communicate when Pre-Service, Mid-Service, and In-Service
opportunities will occur, if the training is appropriate for teaching staff and family
support staff, and how training applies to the curriculum and professional
development of staff.
f. Program Technical Assistance
i. The District and the Department will work together to link technical assistance
services, as appropriate
g. Additional Service for Working Parents
i. Coordinated training opportunities will be offered to meet the needs of working
parents and families.
h. Transition to Kindergarten
i. The District and the Department will work together to establish smooth transition
from Head Start to Kindergarten to support children and their families. Transition
activities will include preschool and kindergarten teaching staff. Specific activities
will be outlined by each classroom regarding the needs of the children and families.
13. Share GOLD data collection for children dually enrolled in Public Schools and Head Start.
The Department will assume responsibility for maintaining a portfolio for these students
that are dually enrolled so that designated personnel identified by the District may have
appropriate access to the reported information. The District and the Department will each
maintain a portfolio for students dually enrolled.
F. RESPONSIBILITIES OF THE DISTRICT:
1. Locate and identify preschool children with disabilities through a Child Find effort that
includes a process for screening.
2. Assure that special education services to preschool children with disabilities are provided in
accordance with the Individuals with Disabilities Education Act 2004 [IDEA].
3. Submit and maintain Arizona Special Education census and attendance data on eligible
preschool children with disabilities, including eligible children at all Head Start sites within the
District, for funding entitlement and budget preparations.
4. Provide written notice of evaluation and procedural safeguards to parents and obtain their
informed consent to provide special education, psychological, speech/language, occupational
and physical therapy evaluations, and therapy services.
5. Place preschool children with disabilities in the least restrictive environment with an
opportunity to interact with non-disabled peers and recognize Head Start as a viable placement
option.
6. Notify, in writing, the Department of scheduled evaluations, MET and/or IEP meetings.
23

SECTION III WORK STATEMENT
7. Refer children to Head Start who pass Child Find screening, but who may be income eligible
for regular Head Start services.
8. Schedule and coordinate the development of the IEP meetings with appropriate District staff,
Head Start personnel, and parent(s). Upon completion of the IEP, provide a copy to parents
and Head Start staff.
9. Provide training to Head Start staff on District forms and procedures upon request.
10. For eligible children at Head Start sites located on school district campuses requiring
personalized health care services, the school nurse will review training and care plan, and sign
off on the plan. The nurse will be available to answer questions and to provide services when
agreed upon by both agencies.
11. District teachers will be held ultimately responsible for meeting timelines to report
checkpoint data.
12. Head Start off campus sites within the District for the 2016/2017 program year are:
Gilbert Boys and Girls Club Tutor Time Child Care Learning Center
44 N. Oak Street 690 W. Warner Road
Gilbert, AZ 85234 Gilbert, AZ 85233
G. RESPONSIBILITIES OF THE COUNTY: On behalf of the County, the Department shall:
1. Ensure that 10% of enrollment slots are available to children with disabilities who meet
federal poverty level eligibility guidelines, provided Head Start is an appropriate placement
according to the child’s IEP. If 10% enrollment requirement has not been met, Head Start
will extend enrollment opportunities to children up to 250% above the federal poverty level
guidelines.
2. Collaborate with the District’s Schools to make enrollment slots available prior to the
beginning of the school year for children who will receive their disability services in the
Head Start classrooms.
3. Screen all enrolled children for potential developmental concerns within 45 calendar days
after enrollment. During the intake process, children with developmental concerns may be
screened and referred to the District for evaluation.
4. If 10% of enrollment slots have not been filled with children with disabilities, Head Start will
notify the District when openings arise in the Head Start classrooms within the District
boundaries and hold an enrollment slot open for 10 calendar days when the District
indicates that it will most likely be placing a child with an active IEP in that specific Head
Start classroom.
5. Ensure that children with disabilities receive all the services to which they are entitled under
the Head Start Program Performance Standards.
6. Provide The District with a referral packet containing copies of the Head Start
developmental screening results, parental permission to refer, developmental history, and
sensory screening results (hearing and vision), for all children with potential concerns.
7. Provide the District with a copy of the Head Start Program Calendar.
8. Notify special education and related service personnel regarding any changes in classroom
schedules (field trips, etc.).
9. Provide opportunities for children to practice and generalize within inclusive environments
the skills developed through work with district special education personnel.
10. Provide The District with attendance reports, when requested, in order to submit and maintain
Arizona Department of Education census and attendance data.
11. Head Start will finalize their information on each student dually enrolled and send a copy of
each Individual Child Profile to the District. Copies can be sent via e-mail as PDF files,
mailed, or hand-delivered. In an effort to focus on quality data and instruction, Head Start
will report on only those objectives that support the Head Start School Readiness Goals.
24

SECTION III WORK STATEMENT
Utilizing the Teaching Strategies Gold (TSG), the Head Start program will report on the
following 34 objectives as listed in the TSG and will be reported on as listed in paragraph 12
below:
Social-emotional
1. Regulates own emotions and behaviors
a – Manages Feelings
b – Follows limits and expectations
c – Takes care of own needs appropriately
2. Establishes and sustains positive relationships
a – Forms relationships with adults
b – Responds to emotional cues
c – Interacts with peers
Physical
4. Demonstrates traveling skills
7. Demonstrates fine-motor strength and coordination
a – Uses fingers and hands
b – Uses writing and drawing tools
Language
9. Uses language to express thoughts and needs
a – Uses an expanding expressive vocabulary
b – Speaks clearly
c – Uses conventional grammar
d – Tells about another time or place
Cognitive
11. Demonstrates positive approaches to learning
a – Attends and engages
b - Persists
c – Solves problems
d – Shows curiosity and motivation
e – Shows flexibility and inventiveness in thinking
13. Uses classification skills
Literacy
15. Demonstrates phonological awareness
a - Notices and discriminates rhyme
b - Notices and discriminates alliteration
c - Notices and discriminates smaller and smaller units of sound
16. Demonstrates knowledge of the alphabet
a - Identifies and names letters
b - Uses letter-sound knowledge
17. Demonstrates knowledge of print and its uses
a - Uses and appreciates books
18. Comprehends and responds to books and other texts
c - Retells stories
19. Demonstrates emergent writing skills
a - Writes name
b - Writes to convey meaning
Mathematics
20. Uses number concepts and operations
a - Counts
c - Connects numerals with their quantities
21. Explores and describes spatial relationships
25

SECTION III WORK STATEMENT
a - Understands spatial relationships
23. Demonstrates knowledge of patterns.
English Language Acquisition
37. Demonstrates progress in listening to and understanding English
38. Demonstrates progress in speaking English
12. Maricopa County Head Start will assume responsibility for maintaining Teaching Strategies
Gold portfolio and for meeting timelines to report checkpoint data to Arizona Department of
Education.
Preschool data reporting deadlines for 2016-2017
HS will enter documentation for HS will provide Individual Child ADE collects data for this
each objective and data finalized Profile to School District checkpoint
10-07-2016 10-21-2016 10-21-2016
1-27-2017 2-10-2017 2-10-2017
4-28-2017 5-12-2017 6-02-2017
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APPENDIX
FACILITIES
Maricopa County
Human Services Department
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FACILITY USE
A. WHEREAS, The District owns the following certain real property located in the Town of Gilbert,
Arizona, and Maricopa County hereby desires to utilize the described facilities and playgrounds for
Head Start activities, the District hereby grants such use pursuant to the provisions of A.R.S. § 15-
342(7) for and in consideration of the services rendered by the Maricopa County Head Start Program.
In addition to the sites listed below, any meeting facility will be made available at no cost for times
available and scheduled with the school office and use of the room does not require additional
custodial services. Use of the room will be in agreement with the attached Permit for Use of School
Facilities. During the term of this Agreement, both Parties may add additional sites upon written
approval.
Harris Elementary School
1820 S. Harris Drive
Mesa, AZ 85204
B. USE
During the term of the Agreement, the County shall be entitled to exclusive use of classroom space
and playground facilities at the real properties described above for the operation of a Head Start
program and for no other purpose (the “Premises”). The County will provide its own classroom
equipment and supplies for the County’s use of the Premises and the County will be responsible for
the room arrangement. The County will ensure that the Premises meet licensing requirements and, as
needed, accessibility for children with disabilities as designed by Arizona Department of Health
Services. The County will ensure that access to the outdoor areas and the indoor classroom at the
Premises will be adapted to accommodate various disabling conditions, as necessary. The District will
provide janitorial services of the Premises in the same manner as the District provides at all other
elementary classrooms at the District’s facilities.
C. REPAIRS
The County is responsible for repairs or replacing damages to Head Start classrooms or equipment
of the District as may be caused by the County’s use of the Premises, including damage caused by
persons whose permission to enter the Premises is granted by the County excepting normal wear and
tear, maintenance and services provided by the District, and more fully set forth herein. County shall
make said repairs or replacements to the Premises within sixty (60) days of written notice by the
District. If the County fails to make said repairs or to replace damage property, the District may, at
its option, make such repair or replace damaged property and the County shall, upon demand by the
District, reimburse the District for District’s costs and expenses in connection therewith.
D. SERVICES TO PREMISES AND DISRUPTION IN USE OF PREMISES
The District shall be responsible for services to the Premises including, but not limited to, electrical,
lighting, air conditioning, heating, ventilation, water, sewer and trash removal. The District shall not
be liable to the County for any failure or interruption caused by water, gas, electricity, hot or cold air,
or sewer system, fire, theft, vandalism, accident, riot, strikes, wars, labor disputes, equipment
breakdown, or any other casualties, including acts of nature to all or part of the facilities.
E. ACCESS
1. Administrators or caretakers of the District shall have access to the Premises at any and all
times. The District shall be provided reasonable access to the Premises with advance
notice to the County for school closures for the purpose of classroom setup and
recruitment activities.
2. This is to include the District’s access to appropriate climate control and electrical systems.
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3. The District shall provide to the County reasonable access to and use of parking spaces
sufficient for visitors to the Premises and for the County’s staff during normal hours of
operation.
4. The District will collaborate with the County to provide access to internet and phone
systems and access to the nearest available restroom facilities to the Premises where it is
reasonable to do so in order to address the Health and Safety of the Children.
F. PROPERTY OF COUNTY
The District has the right to determine what equipment or personal property may be brought to the
Premises. Upon written notice from the District, equipment or personal property of the County
identified by the District to be removed from the Premises shall be removed by the County from the
Premises within thirty (30) business days of County’s receipt of said written notice from the District.
The District is not responsible for any property of the County or of any other individual’s or entity’s
personal property at the Premises in connection with this Agreement. The District has no liability for
the destruction, theft, vandalism, or other loss or damage of any such personal property.
G. RENOVATIONS
1. If the classrooms and/or playground areas do not meet Head Start or State Child Care
Licensing regulations, the County shall notify the District and request District to make
necessary renovations to bring the non-compliant areas into compliance. The District shall
decide whether to proceed with said renovations. If the District agrees to make the needed
renovations and decides to contract to have these renovations made, the District shall follow
the appropriate School District procurement rule, A.C.C. R-7-2-001, et seq., and the District
shall comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to
276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for
federally assisted construction sub-agreements.
2. Prior to beginning necessary renovations to bring a non-compliant area into compliance, the
District shall have the option to demand reimbursement from the County for a portion, or
all, of the necessary renovations. If the District elects to require reimbursement from the
County for any, or all, of the said renovations; the District shall provide the County will the
cost of said renovations prior to beginning any work associated with said renovation or
procurement of materials or services associated with said renovations. The District shall
submit an invoice to the County once the renovation work is completed. Said invoice shall
not exceed the cost estimate that was provided to the County by the District prior to
commencement of said renovation work. It is understood that the County’s ability to
reimburse the District for the said renovations and improvements is subject to the
availability of the County to fund the said renovations. Upon completion, the renovation
becomes the property of the District. If the District decides not to make the renovations
requested by the County, the District will provide the County written notification consistent
with termination clause of this Agreement and the program at that particular site will
terminate.
H. MAINTENANCE
1. The District shall maintain the Premises and the common area of the Premises (the
“Property”), and improvements thereto, in good repair and shall correct any hazardous
conditions. The District shall keep the exterior grounds of the Property clean and free from
trash and other rubbish. The District shall maintain all utility systems serving the Property in
state of good repair. The District shall maintain the Property in a safe, operating condition.
2. The District shall provide heating, ventilation, air conditioning (HVAC), electricity, water for
reasonable and normal drinking and lavatory use to the County for the Property at no charge
to the County.
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3. The District shall provide gas inspections, fire inspections, sand and playground general
cleaning for each school site location to a specification as agreed to in writing by the Parties.
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