IGA RE HEAD START BIRTH TO KINDERGARTEN WITH GILBERT SCHOOL DISTRICT.PDF
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
GILBERT PUBLIC SCHOOL DISTRICT
Agreement Number: ___________________
Start Date: July 1, 2025
Termination Date: June 30, 2026
This Intergovernmental Agreement (“Agreement”) is entered into between Gilbert Public School
District (“District”) and Maricopa County (“County”), administered by its Human Services
Department (“Department”). The District and County collectively are referred to as the “Parties”
and individually as a “Party.”
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 in this Agreement.
Unless otherwise provided below, all notices to a Party required or permitted under this
Agreement shall be in writing to the persons at the addresses listed below by: (i) a nationally
recognized delivery service (e.g., Federal Express or UPS) with confirmation receipt requested;
(ii) United States Post Office certified mail, postage prepared and return receipt requested; and
(iii) e-mail with delivery receipt. Unless otherwise indicated in the notice, the notice shall be
effective: (i) upon receipt if delivered by a nationally recognized delivery service; (ii); three
business days after being placed in the U.S. Mail properly addressed, with sufficient postage, if
sent by certified mail; and (iii) on the day of transmission if sent by e-mail transmission on a
business day by 5:00 p.m. Mountain Standard Time or the following business day if sent on a
business day after 5:00 p.m. Mountain Standard Time or if sent on a non-business day. Business
day means Monday through Friday, unless recognized as a federal or State of Arizona holiday:
District Representative:
Dr. Shane McCord, Ed.D., Superintendent
Address: 140 South Gilbert Road Gilbert, AZ 85296
Phone: 480-497-3300
Email: shane.mccord@gilbertschools.net
County Representative:
Cami Foulks
Assistant Director Early Education Division
Address: 234 N. Central Avenue 3rd Floor
Phoenix, Arizona 85004
Phone: 602-372-3710
Email: Cami.Foulks@maricopa.gov
This Agreement contains all the terms and conditions agreed to by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind the Parties. Nothing in this Agreement shall be construed as consent
to any lawsuits or waiver of any defenses in a lawsuit brought against the County or the District
in any state or federal court.
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The Parties have authorized the undersigned to execute this Agreement on their behalf.
This Agreement shall be effective upon approval and signature by both Parties.
IN WITNESS, the Parties have approved and signed this Agreement:
Approved By:
GILBERT PUBLIC SCHOOL DISTRICT
Approved By:
MARICOPA COUNTY
Shane McCord, Date
Superintendent
Thomas Galvin, Date
Chairman, Board of Supervisors
Attested to:
Juanita Garza, Clerk of the Board Date
IN ACCORDANCE WITH A.R.S. §§ 11-952,
15-341, AND 15-342 THIS AGREEMENT
HAS
BEEN
REVIEWED
BY
THE
UNDERSIGNED ATTORNEY WHO HAS
DETERMINED
THIS
AGREEMENT
IS
PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO
THE GILBERT PUBLIC SCHOOL DISTRICT
UNDER THE LAWS OF THE STATE OF
ARIZONA.
APPROVED AS TO FORM:
Attorney for District Date
IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-251, AND 11-952, THIS AGREEMENT
HAS
BEEN
REVIEWED
BY
THE
UNDERSIGNED ATTORNEY WHO HAS
DETERMINED
THIS
AGREEMENT
IS
PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO
MARICOPA COUNTY UNDER THE LAWS
OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
Attorney for County Date
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1.0
PURPOSE
1.1
The purpose of this Agreement is to establish the process for collaboration
between the Parties to provide services to preschool children, including children
with disabilities as defined in A.R.S. § 15-761, ages birth to kindergarten-eligible
five year olds, in compliance with federal and state laws and regulations, and in
accordance with District policies and the Improving Head Start for School
Readiness Act of 2007 (42 U.S.C. §§ 9801, et seq.).
1.2
Services and activities to be provided under this Agreement shall be conducted by
the Maricopa County Head Start Program (“Head Start Program”). The Head Start
Program is federally funded by the U.S. Department of Health and Human Services
(DHHS)/Administration for Children and Families (ACF), Office of Head Start
(OHS).
2.0
TERM
The term of this Agreement shall commence on July 1, 2025, (“Start Date”) and it shall
remain in effect through June 30, 2026 (“Termination Date”). The Agreement shall become
effective upon approval and signature by both Parties.
3.0
RENEWAL
This Agreement may be renewed by a written amendment approved and signed by both
Parties. The County shall provide a 60-day notice to the District of intentions to exercise the
renewal option. Each renewal period shall not exceed one year.
4.0
AVAILABILITY OF FUNDS
This is a non-financial Agreement, 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, then the Parties may amend,
suspend, decrease, or terminate their 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) calendar days prior written notice of the effective date of any suspension,
amendment, or termination under this section.
5.0
AMENDMENTS
All amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
6.0
TERMINATION
6.1
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 either Party is, at any time while this
Agreement or any extension of it 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, under 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
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Agreement on behalf of the Parties from any other Party to the Agreement arising
as the result of this Agreement.
6.2
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.
6.3
This Agreement may be terminated by mutual written agreement of the Parties.
The written agreement shall specify the termination date.
6.4
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 District’s non-compliance jeopardizes funding source financial
participation.
6.5
If not terminated by one of the above methods, then this Agreement shall terminate
on the Termination Date stated in Section 2.0 of this Agreement or expiration of
any renewal period as described in Section 3.0.
7.0
ADMINISTRATIVE CHANGE ORDERS
7.1
The Chairman of the Board of Supervisors is authorized, upon the
recommendation of the Human Services Department Director and Legal Counsel,
to review and execute administrative changes to the Agreement on behalf of the
County through Administrative Change Orders. Administrative Change Orders will
be effective upon execution by both the Parties. Administrative Change Orders
shall address any of the following changes:
7.1.1 Modifications to the project timeline if the last day of the project timeline is
within the Agreement term;
7.1.2 Modifications to Budget line items if the Agreement Amount remains
unchanged;
7.1.3 Modifications required by federal, state, or County regulations, ordinances,
or policies; and/or
7.1.4 Modifications to Administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by federal, state
or local regulations, policies, or requirements.
8.0
GENERAL REQUIREMENTS
8.1
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.
8.2
The Parties 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.
8.3
The 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.
8.4
The District shall comply with the regulations prohibiting a conflict of interest. The
District shall not make any payments, either directly or indirectly, to any person,
partnership, corporation, trust, or other organization that has a substantial interest in
the District's organization or with which the District (or one of its directors, officers,
owners, trust certificate holders, or relatives) has a substantial interest, unless the
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District has made full written disclosure of the proposed payments to the County and
has received written approval therefore.
8.5
For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
9.0
SAFEGUARDING OF PARTICIPANT INFORMATION
9.1
The Parties 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, required by law, or upon
their request.
9.2
The District shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. § 41-161, et. seq. The County shall advise the
District as to applicable policies and procedures adopted for such compliance.
9.3
The use or disclosure by either 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.
9.4
Notwithstanding any other terms of this Agreement, the Parties agree to comply with
Family Educational Rights and Privacy Act (FERPA) and regulations at 34 C.F.R.
99.33 in regard to protection of educational data concerning participant. The Parties
acknowledge that this Agreement allows access to educational data, and they 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.
10.0
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 under it.
11.0
DISPUTES
11.1
Except as may otherwise be provided for in this Agreement, the Parties may attempt
to informally resolve any dispute arising out of this Agreement for a reasonable
period of time, which shall not exceed thirty (30) calendar days. Disputes which are
not resolved in that time period, shall be submitted in accordance with the following
formal dispute resolution process.
11.2
If a dispute cannot be resolved informally, then the District shall notify the
Department in writing by mailing notice of the dispute to the Assistant Director within
ten (10) calendar days from expiration of the informal dispute resolution process
described in Paragraph 11.1 above. The Assistant Director, as applicable, shall
respond in writing to the District within fourteen (14) working days of receipt of the
District’s written notice. The decision of the Assistant Director shall be final and
conclusive unless, within seven (7) working days from the date the District receives
the decision, the District files a written notice of appeal with the Department’s
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Director who shall provide the District with a written response within fourteen (14)
working days following receipt of the District’s notice of appeal. The decision of the
Director shall be final.
12.0
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision, and the remaining provisions
shall remain in full force and effect.
13.0
FORCE MAJEURE
13.1
Neither Party shall be liable for failure of performance, nor incur any liability to the
other Party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this Agreement if such delay or failure is caused by
events, occurrences, or causes beyond the reasonable control and without
negligence of the Parties. Such events, occurrences, or causes will include, but
not limited to Pandemics, Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute,
strike, and interruption or failure of electricity or telecommunication service.
13.2
Each Party, as applicable, shall give the other Party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each Party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
13.3
The Party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other Party was timely notified of the likelihood or actual
occurrence that would justify such an assertion, so that other prudent precautions
could be contemplated.
14.0
LIMITATION ON LIABILITY
The Parties hereby mutually agree that each Party and their respective agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions shall not be liable for any act or omission
by the other Party or any and all of its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, or commissions
occurring in the performance of this, nor shall the Parties and their respective agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions be liable for purchases or contracts
made by the other Party or any and all of its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, committees, or
commissions in connection with this Agreement, except as otherwise provided by law.
15.0
EMPLOYMENT DISCLAIMER
15.1
This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business
association or organization of any kind, and the rights and obligations of the Parties
shall be only those expressly set forth in this Agreement.
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15.2
The Parties agree that no individual performing under this Agreement either by or
on behalf the District is to be considered a County employee, and that no rights of
County civil service, County retirement, or County personnel rules shall accrue to
such individual. The District 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 program participants and shall
save and hold the County harmless with respect thereto.
15.3
The Parties agree that no individual performing under this Agreement either by or
on behalf of the County is to be considered a District employee, and that no rights
of District civil service, District retirement, or District personnel rules shall accrue to
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 program participants and shall
save and hold the District harmless with respect thereto.
16.0
RECIPROCAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party and its officers, officials, employees, and agents (collectively, “Indemnitees”) from
and against all claims, losses, liability, costs, or expenses (including reasonable attorneys’
fees, expert fees and other litigation costs) (collectively referred to as “Claims”) either
arising from or related to breach of this Agreement, property damage, or bodily injury
(including death) of any person, but only to the extent that such Claims are caused by the
act, omission, negligence, misconduct, or other fault of the Indemnitor or any of its officers,
officials, agents, representatives, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions. The obligations under this Section 16.0
shall survive termination of this Agreement. 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
17.0
INSURANCE
17.1
The District is a public entity and shall provide the County with a Certificate of Self-
Insurance equal to:
General Aggregate $3,000,000
Each Occurrence Limit $1,000,000
Sexual Molestation $1,000,000
17.2
Mail COI to:
Maricopa County
c/o Risk Management
301 W Jefferson St., Suite 910
Phoenix, AZ 85003
17.3
Cancellation and Expiration Notice:
17.3.1 Applicable to all insurance policies required within the insurance
requirements of this contract, Subrecipient’s insurance shall not be permitted
to expire, be suspended, be canceled, without 30 days prior written notice to
Maricopa County. Such notice shall be sent directly to Maricopa County
Human Services Department and shall be mailed, or hand delivered to 234
N. Central Avenue, Phoenix, AZ 85004, or emailed to the Human Services
representative noted in the Contract.
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18.0
COMPLIANCE WITH APPLICABLE LAWS
18.1
The District shall comply with all applicable laws, ordinances, executive Orders,
rules, regulations, standards, and codes of the federal, state, and local governments
whether or not specifically referenced in this Agreement. Those statutes and
regulations that the District shall comply with include, but are not limited to, 31 U.S.C.
§ 1352, et seq., 26 C.F.R. Parts 1, 7, 10, 25, 53, 56, and 602, the prevention of fraud
and abuse; conflict of interest, kickbacks, comingling of funds, charging of fees,
nepotism, child labor, political patronage, political activities, lobbying activities,
sectarian activities, unionization and anti-unionization activities/work stoppages,
County directives, Arizona State Executive Order 2009-09, and A.R.S. § 41-1461,
et. seq.
18.2
The District shall establish and use internal program management procedures
sufficient to prevent non-compliance with applicable laws and regulations.
18.3
Specifically, the following apply:
18.3.1 Unless exempt under federal law, the District shall comply with Title VII of
the Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act, and State Executive Order No. 75-5, as updated in State
Executive Order No. 99-4 (Executive Order 2009-09 superseded Executive
Order 99-4 and amended Executive Order 75-5), which mandates that all
persons, regardless of race, color, religion, sex, age, national origin, or
political affiliation, shall have equal access to employment opportunities. The
District shall comply with the Rehabilitation Act of 1973, as amended, which
prohibits discrimination in the employment of qualified persons because of
physical or mental disability. The District shall comply with the requirements
of the Fair Labor Standards Act of 1938, as amended.
18.3.2 The District shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits the denial of benefits of, or participation in, Agreement services on
the basis of race, color, or national origin. The District shall comply with the
requirements of Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination on the basis of disability, in delivering
Agreement services; and with Title II of the Americans with Disabilities Act,
and the Arizona Disability Act, which prohibits discrimination on the basis of
physical or mental disabilities in the provision of Agreement programs,
services, and activities.
18.3.3 Nothing in this Agreement shall make the District or its (sub)contractors
agents or employees of the County.
19.0
IMMIGRATION LAWS AND REGULATIONS
19.1
Federal Immigration and Nationality Act
19.1.1 The Parties understand and acknowledge the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Parties agree to
comply with the IRCA in performing under this Agreement and to permit the
other Party to inspect personnel records to verify such compliance.
19.1.2 By entering into this Agreement, the 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 their
employees. The Parties shall obtain statements from their (sub)contractors
certifying compliance and shall furnish the statements upon request. These
warranties shall remain in effect through the term of this Agreement. The
Parties and their (sub)contractors also shall maintain Employment
Eligibility Verification forms (I-9) as required by the U.S. Department of
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Labor’s Immigration and Control Act for all employees performing work
under the Agreement. I-9 forms are available for download at USCIS.GOV.
19.1.3 The Parties may request verification of compliance for any employee or
(sub)contractor performing work under this Agreement. Should either Party
suspect or find that the other Party or any of its employees or
(sub)contractors 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 this Agreement for default, and suspension or
debarment (or both) of the other Party. All costs necessary to verify
compliance are the responsibility of the District or its (sub)contractor(s).
19.2
Arizona Law: The District warrants that it is in compliance with A.R.S. § 41-4401
(e-verify requirements) and further acknowledges that:
19.2.1 The District and its (sub)contractors and 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;
19.2.2 A breach of a warranty under Subsection 19.2.1 shall be deemed a material
breach of this Agreement and the County may immediately terminate this
Agreement without liability; and
19.2.3 The County and any contracting government entity retain the legal right to
inspect the papers and employment records of any District, (sub)contractor,
or Vendor employees who work on this Agreement to ensure that the
District, (sub)contractor, or Vendor is complying with the warranties
provided under Subsection 19.2.1 and the District agrees to make all
papers and employment records of such employee(s) available during
normal working hours in order to facilitate such an inspection.
20.0
PROVISIONS REQUIRED BY LAW
Each and every provision of law and any clause required by law to be in this Agreement
will be read and enforced as though it were included herein and, if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party, this Agreement will promptly be physically amended to make
such insertion or correction.
21.0
SYSTEM FOR AWARD MANAGEMENT
The District shall have a valid Unique Entity Identifier (UEI) number and an active profile
in the federal System for Award Management, or SAM.gov. Documentation of the UEI
Number must be included in all project files. The District must remain current with their
registration throughout the term of the Agreement per 2 C.F.R. § 25.300; Appendix A to 2
C.F.R. § 25. The City and any subcontractors will not receive a subaward until that entity
has provided its UEI number. 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25.
22.0
RETENTION OF RECORDS
22.1
This provision applies to all financial and programmatic records, supporting
documents, statistical records and other records of District that relate to this
Agreement.
22.2
The District shall retain all records related to this Agreement for six (6) years after
final payment or until after the resolution of any audit questions, which could be more
than six (6) years, whichever is longer. The County, federal, and state 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.
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23.0
DISABILITY REQUIREMENTS
The District agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§ 41-2532 and 41-2533 and with 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.
24.0
BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY
24.1
The provisions of A.R.S. § 8-804 (as may be amended) are incorporated in their
entirety as provisions of this Agreement.
24.2
The Parties warrant compliance with A.R.S. § 8-804 and all requirements for all
employees, (sub)contractors, and volunteers who provide direct service to juveniles
or vulnerable adults.
24.3
The information contained in the Central Registry must be used as a factor to
determine employment qualifications.
24.4
Volunteers who provide direct services to children or vulnerable adults shall have a
Central Registry Background Check that is to be used as a factor to determine
qualifications for volunteer positions.
24.5
A person who is disqualified because of a Central Registry Background Check may
apply to the Board of Fingerprinting for a Central Registry exception in accordance
with A.R.S. § 41-619.57. A person who is granted a Central Registry exception under
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.
24.6
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 the ADES whether an allegation of abuse or neglect has been made
against them and was substantiated.
24.7
A person awaiting receipt of the Central Registry Background Check may provide
direct services to juveniles or vulnerable adults after completion and submittal of the
Direct Service Position certification form if the certification states:
24.7.1 The person is not currently the subject of an investigation of child abuse or
neglect in Arizona or another state or jurisdiction; and
24.7.2 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.
24.8
If the Central Registry Background Check specifies any disqualifying act and the
person does not have a Central Registry exception, then the person shall be
prohibited from providing direct services to participants under this Agreement.
24.9
The Parties 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
this Agreement.
24.10 Either Party may request proof that Central Registry Background Checks have been
completed, and those Background Checks shall be made available upon request.
25.0
FINGERPRINTING
25.1
The Parties shall comply with, and shall ensure that all of the Parties’ employees,
independent contractors, (sub)contractors, 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.
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25.2
Applicable legal requirements relating to fingerprinting, certification, and criminal
background checks may include, but are not limited, to the following:
25.2.1 A.R.S. §§ 36-594.01, 36-3008, 41-1964, and 46-141.
25.2.2 All applicable legal requirements relating to fingerprinting, fingerprint
clearance cards, certification regarding pending or past criminal matters, and
criminal records checks are incorporated in their entirety as provisions of this
Agreement.
25.2.3 The Parties are responsible for knowing all legal requirements relating to
fingerprinting, fingerprint clearance cards, certifications regarding pending or
past criminal matters, and criminal records checks related to the Agreement
performance.
25.3
To the extent A.R.S. §§ 46-141 is applicable to Agreement performance or the
services provided under this Agreement, the following provisions apply:
25.3.1 Personnel who are employed by the Parties, whether paid or not, and who
are required or allowed to provide services directly to juveniles or vulnerable
adults shall have a valid fingerprint clearance card or shall apply for a
fingerprint clearance card within (7) seven working days of employment.
25.3.2 Except as provided in A.R.S. § 46-141, this Agreement may be cancelled or
terminated immediately if a person employed by either Party and who has
contact with juveniles certifies in accordance with 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 in the statute in this 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.
25.3.3 Either Party may request proof that Central Registry Background Checks
have been completed, and the Background Checks shall be made available
upon request.
26.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
26.1
The undersigned, by signing this Agreement, represents that he or she has the
authority to bind the 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:
26.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
26.1.2 Have not within a 3-year period preceding the Start Date of this Agreement,
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;
26.1.3 Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with the commission of any of
the offenses enumerated in Subparagraph 26.1.2 above;
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26.1.4 Have not, within a three-year period preceding this Start Date of this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default;
26.1.5 Shall immediately notify the County if, at any time during the term of this
Agreement, it is debarred, suspended, declared ineligible, or voluntarily
excluded from participation. The County may pursue available remedies in
the event of such occurrence, including immediate termination of this
Agreement without liability; and
26.1.6 Shall not enter into a subcontract or sub-recipient agreement with any person
or organization that is debarred, suspended, declared ineligible, or
voluntarily excluded from participation. The County may pursue available
remedies in the event of such occurrence, including immediate termination
of this Agreement without liability.
26.2
The District shall include, without modification, the language of this Certification, in
all agreements with all 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.
26.3
If District is not able to provide this Certification, then an explanation as to why shall
be immediately provided to the County Representative at the address set forth on
the Cover Page of this Agreement.
27.0
EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS
27.1
The Parties agree that this Agreement and their employees working on this
Agreement will be subject to the whistleblower rights and remedies in the federal
pilot program 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;
27.2
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 the District
and copies provided to the County upon request; and
27.3
The Parties shall insert the substance of this clause, including this paragraph 27.0,
in all subcontracts over the agreed upon simplified acquisition threshold ($250,000
as of June 2021).
28.0
WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01
If the District engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the District certifies it is not currently
engaged in, and agrees for the duration of this Agreement not to engage in, a boycott of
goods and services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
29.0
DEFAULT
Each of the terms in this Agreement is considered material and failure to perform any of
them shall constitute a breach of this Agreement. Either Party shall have the right to
terminate this Agreement if the other Party does not, within thirty (30) days of receipt of a
written notice of the breach, cure any terms in default. Notwithstanding the foregoing, if
the nature of the breach cannot be cured within said thirty (30) day period, the noticing
Party shall not have the right to terminate this Agreement if the other Party commences
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the cure within the thirty (30) period and diligently pursues the cure to completion
thereafter. Upon the occurrence of any default and at any time thereafter, Either Party
may, but shall not be required to, exercise any remedies now or hereafter available to
such party at law or in equity.
30.0
COLLABORATION ACTIVITIES
30.1
The Parties will coordinate and collaborate in activities that include providing
services to preschool children including children with disabilities as defined in A.R.S.
§ 15-761, ages three years old to kindergarten-eligible five years 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)).
30.2
Activities shall include:
30.2.1 Improving availability and quality of services within the District’s boundary
area and Maricopa County Head Start for children ages three through five
and their families.
30.2.2 Supporting children’s optimal development and readiness for school entry
and success.
30.2.3 Addressing the unique strengths and needs of the local population, such as
homeless persons, migrants, or non-English speaking families.
30.2.4 Promoting collaboration regarding shared use of facilities and other
resources, as appropriate.
30.2.5 Promoting further collaboration to reduce duplication of services and
enhance the efficiency of services.
30.2.6 Defining roles and responsibilities of the named parties toward coordinating
and collaborating that will enhance relationships and the exchange of
information to meet the educational and non-educational needs and services
of eligible children.
30.2.7 Establishing a comprehensive system, which guides and supports service
delivery to children and their families.
30.3
The Parties agree to guiding principles that will:
30.3.1 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”.
30.3.2 Develop successful connections within the context of the Improving Head
Start for School Readiness Act of 2007 and local and state legislation,
policies, and procedures.
30.3.3 Plan and implement strategies based on practice and research that have
been proven to support children’s school success.
30.3.4 Respect the uniqueness of each locality’s needs and resources.
30.4
The Parties agree to incorporate the following activities into service delivery:
30.4.1 Implement a Child Find process to identify all children with disabilities in need
of special education services.
30.4.2 Establish due process procedures that safeguard the rights of children with
disabilities under the Individuals with Disabilities Education Act (IDEA) (20
U.S.C. §§ 1400, et seq.).
30.4.3 Provide to eligible children Free Appropriate Public Education (FAPE) to
include special education and related services, at public expense, designed
by the Education for All Handicapped Children Act of 1975 (Public Law 94-
142). Identified services shall be described in the Individual Education Plan,
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as appropriate to the child's individual needs, and delivered by qualified
professionals.
30.4.4 Ensure eligible children have access to adaptive equipment or any modified
device or piece of equipment that enhances the independent functioning of
the user.
30.4.5 Develop an Individual Educational Plan/Program (IEP), 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 IEP 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. Ensure a multi-disciplinary
team is in place and coordination with the child’s parents/guardians is
developed for each IEP. IEPs 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 needs to assist the child in meeting the objectives of the IEP.
30.4.6 Ensure specifically designed programs that combine typical children and
children with disabilities so that they are integrated into ongoing regular
activities.
30.4.7 Ensure the Least Restrictive Environment (LRE) concept from IDEA is
incorporated into the educational environment, which requires 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.
30.4.8 Provide services to eligible children within the Local Education Agency (LEA)
area 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.
30.4.9 Provide programs for children without disabilities in which some children with
disabilities are appropriately enrolled and mainstreamed.
30.4.10Ensure a Multidisciplinary Evaluation Team (MET) is available in different
disciplines, including parents, who work together to conduct evaluations and
plan appropriate interventions for a child with documented, suspected, or
developmental delays or who is disabled (or both).
30.4.11Ensure related services such as transportation and other developmental,
corrective, and support services deemed necessary to assist a child with a
disability who would benefit from special education.
30.4.12Conduct screening as a process for testing a large number of children with
a relatively fast, easy, and inexpensive process and procedure (e.g. Child
Find). Screenings are used to identify those individuals who may be in need
of further in-depth assessment, which would determine whether a delay in
development exists and whether that delay could require remediation or
therapeutic intervention.
30.4.13Ensure special education, specially designed individualized instruction,
provided at no cost to parents, which meets the child's unique educational
needs.
30.4.14Establish a transdisciplinary team approach in which team members work
across disciplinary boundaries to plan and provide integrated services.
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30.4.15Utilize Teaching Strategies GOLD™ as the 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.
30.5
The Parties agree to the following responsibilities:
30.5.1 Collaborate with parent(s) to provide necessary services to foster the
maximum development of each child's potential.
30.5.2 Hire and supervise staff according to each Parties’ program policies and
procedures.
30.5.3 Provide orientation for staff regarding each Parties’ program regulations,
requirements, goals, service delivery models, procedures, and interagency
agreements.
30.5.4 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 shall notify the other Party of
pertinent training sessions to allow staff or parents (or both) to attend training
when appropriate.
30.5.5 Coordinate Family Support staff to provide Family Support Services to
enrolled families.
30.5.6 Support family-professional partnerships to establish effective services to all
children by:
30.5.6.1 including parents in appropriate training and activities;
30.5.6.2 inviting parents to all meetings regarding their child's progress, and
30.5.6.3 explaining procedural safeguards to parents as appropriate.
30.5.7 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.
30.5.8 Jointly coordinate Child Find efforts to identify children who may have a
disability.
30.5.9 Collaborate outreach activities to McKinney-Vento Act individuals for
recruitment of Head Start eligible families.
30.5.10Communicate on a monthly basis to share concerns, new strategies,
techniques which have proved successful, updates on new goals, and dates
for upcoming IEP meetings.
30.5.11Work together on the review, coordination, collaboration, alignment, and
implementation of each of the following activities as mandated by the
Improving Head Start for School Readiness Act of 2007:
30.5.11.1
Educational activities, curricular objectives, and instruction,
the Department and the District will:
30.5.11.1.1
adhere to and utilize the Arizona Early
Learning Standards that are aligned with Head
Start Early Learning Outcomes Framework. The
Parties shall share ongoing assessment data in
Teaching Strategies GOLD as appropriate.
30.5.11.1.2
collaborate in the development of school
readiness goals and provide input and feedback
on school readiness outcomes.
30.5.11.1.3
collaborate to ensure Family Style meals are
provided in the classroom in accordance with the
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Performance
Standards
in
45
C.F.R.
§
1302.31(e)(2).
30.5.11.1.4
collaborate to ensure water and sewer
systems, which allow for tooth brushing
activities, can be provided in the classroom in
accordance with the Performance Standards 45
C.F.R. § 1302.43.
30.5.11.1.5
The parties shall provide janitorial needs for
County
Operated
Head
Start
sites,
and
collaborate
with
Independent
Child
Care
Providers on janitorial needs to ensure the health
and safety of the children is maintained in
conformance with the Performance Standards in
45 C.F.R. § 1302.47(b).
30.5.11.1.6
Inform Head Start classroom staff of disaster
plans, emergency procedures, and safety
advisories developed for the classroom site.
30.5.11.2
Public Information dissemination, the Parties shall:
30.5.11.2.1
share
all
information
on
enrollment
guidelines.
30.5.11.2.2
enrollment information may be posted on the
Parties’ websites as well as sites within the
service areas.
30.5.11.2.3
Head Start Program contact information will
be provided to families.
30.5.11.2.4
event activities will be shared for recruitment
opportunities.
30.5.11.2.5
registration information for Kindergarten will
be distributed by the Head Start Program.
30.5.11.3
Selection Priorities
30.5.11.3.1
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.
30.5.11.3.2
Communication and collaboration with the
District’s Homeless Liaison and Head Start staff
will be ongoing and as needed for the purpose of
providing services to the homeless community.
30.5.11.4
Service Areas
30.5.11.4.1
Service
areas
include
the
District’s
boundaries and within the boundary constraints
of the Head Start Program.
30.5.11.5
Staff Training
30.5.11.5.1
Each Party’s staff training will be made
available to the other Party’s staff. The Parties
shall 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 communicate how
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training
applies
to
the
curriculum
and
professional development of staff.
30.5.11.6
Technical Assistance
30.5.11.6.1
Each Party shall work together to provide
technical assistance and training to the other
Party as training is identified or required.
30.5.11.7
Additional Services for Working Parents
30.5.11.7.1
Coordinated training opportunities shall be
offered to meet the needs of working parents and
families.
30.5.11.8
Transition to Kindergarten
30.5.11.8.1
The Parties shall work together to establish
a process for smooth transition from Head Start
to Kindergarten that will 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.
30.5.12 Share GOLD™ data collection for children dually enrolled in the District’s
Public Schools and the Head Start Program. The Head Start Program
shall assume responsibility for maintaining a portfolio for students that
are dually enrolled so that designated personnel identified by the District
may have appropriate access to the reported information. The Head Start
Program shall maintain the portfolio for students dually enrolled and
appropriate District staff shall have access to the portfolio.
30.6
The District’s Responsibilities include:
30.6.1 Locating and identifying preschool children with disabilities through a Child
Find effort that includes a process for screening.
30.6.2 Assuring that special education services to preschool children with
disabilities are provided in accordance with the Individuals with Disabilities
Education Act 2004 (IDEA).
30.6.3 Submitting and maintaining Arizona Special Education census and
attendance data on eligible preschool children with disabilities, including
eligible children at all Head Start Program sites within the District’s
boundaries, for funding entitlement and budget preparations.
30.6.4 Providing written notice of evaluation and procedural safeguards to parents
and obtaining their informed consent to provide special education,
psychological, speech/language, occupational and physical therapy
evaluations, and therapy services.
30.6.5 Placing 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.
30.6.6 Notifying, in writing, the County of scheduled evaluations, MET, and IEP
meetings.
30.6.7 Referring children to Head Start who pass Child Find screening, but who
may be income eligible for regular Head Start services.
30.6.8 Scheduling and coordinating IEP meetings with appropriate District staff,
Head Start personnel, and parents. Upon completion of the IEP, providing a
copy to parents and Head Start staff.
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30.6.9 Providing training to Head Start staff on District forms and procedures upon
request.
30.6.10For eligible children at Head Start sites located on District campuses
requiring personalized health care services, the school nurse shall review
participant’s training and care plans and sign off on the plan. The nurse shall
be available to answer questions and to provide services when agreed upon
by both Parties.
30.7
The Head Start Program’s Responsibilities include:
30.7.1 Ensuring that 10% of enrollment slots are available to children with
disabilities that meet federal poverty level eligibility guidelines, provided
Head Start is an appropriate placement according to the child’s IEP. If the
10% enrollment requirement has not been met, then the Head Start
Program shall extend enrollment opportunities to children up to 250%
above the federal poverty level guidelines.
30.7.2 Collaborating 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.
30.7.3 Screening 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.
30.7.4 If 10% of enrollment slots have not been filled with children with disabilities,
then the Head Start Program shall 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.
30.7.5 Ensuring that children with disabilities receive all the services to which they
are entitled under the Head Start Program Performance Standards.
30.7.6 Providing 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.
30.7.7 Providing the District with a copy of the Head Start Program Calendar.
30.7.8 Notifying special education and related service personnel (including
cafeteria) regarding any changes in classroom schedules (e.g., field trips).
30.7.9 Providing opportunities for children to practice and generalize within
inclusive environments the skills developed through work with District
special education personnel.
30.7.10
Providing the District with attendance reports, when requested, in
order to submit and maintain Arizona Department of Education census and
attendance data.
30.7.11
The Head Start Program shall finalize its 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.
30.7.12
The Head Start Program shall assume responsibility for maintaining
Teaching Strategies Gold portfolios and for meeting timelines to report
checkpoint data to Arizona Department of Education.
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30.8
Community based sites operated by the County and located within the District’s
boundaries:
30.8.1 Community-based locations, where Head Start Program activities are
located within the District’s boundaries and are operated by either the County
or independent Child Care providers, include:
30.8.1.1 Gilbert Boys and Girls Club 44 N Oak Street Gilbert AZ 85233
(County Operated)
30.8.1.2 Tutor Time #6068 1652 E. Elliot Rd, Gilbert, AZ 85234
(Independent Child Care)
30.8.1.3 Tutor Time #6066 3901 E. Guadalupe Rd, Gilbert, AZ 85234
(Independent Child Care)
30.8.1.4 Tutor Time #6083 690 W. Warner Rd, Gilbert, AZ 85233
(Independent Child Care)
31.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
31.1
The District warrants and certifies that it does not currently, and agrees for the
duration of the agreement that it will not, use:
31.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
31.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
31.1.3 Any contractors, subcontractors or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
31.2
If the School District becomes aware during the term of the Agreement that the
School District is not in compliance with this paragraph, the District shall notify the
County within five business days after becoming aware of the noncompliance.
Failure of the School District to provide a written certification that the District has
remedied the noncompliance within one hundred eighty (180) days after notifying
the County of its noncompliance, this Agreement shall terminate unless the Term
of this Agreement shall end prior to said one hundred eighty (180) day period.
32.0
RIGHTS/OBLIGATIONS OF PARTIES ONLY
The terms of this Agreement are intended only to define the respective rights and
obligations of the Parties. Nothing in this Agreement shall create any rights or duties in
favor of any potential third-party beneficiary or other person, agency, or organization.
Nothing in this Agreement shall affect the legal liabilities of either Party by imposing any
standard of care different from the standard of care imposed by law.
33.0
ENTIRE AGREEMENT
This Agreement contains the entire understanding of the Parties. There are no
representations or other provisions besides those contained in either this Agreement or in
any written amendments approved and signed by both Parties.
34.0
ADEQUACY OF RECORDS
If the District’s books, records and other documents related to this Agreement are not
reasonably sufficient to support and document that allowable services were provided to
eligible participants as determined by a court of competent jurisdiction, then the District shall
reimburse the County for the services not supported and/or documented.
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35.0
STRICT COMPLIANCE
One Party’s acceptance of the other Party’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.
36.0
RELIGIOUS ACTIVITIES
The Parties warrant that none of their costs and none of the costs incurred by them or any
of their contractors or subcontractors will include any expense related to any religious
activities.
37.0
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 received by the District under this Agreement.
38.0
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
services, or services that are incidental to the performance of the Agreement. This
provision applies to all work performed by Cities or Subcontractors at all tiers.
39.0
SURVIVAL
The indemnification, hold harmless, defense, and non-liability provisions of this Agreement
shall have full force and effect notwithstanding any other provisions in this Agreement and
shall survive the termination or expiration of this Agreement.
40.0
CHOICE OF LAW: VENUE
This Agreement shall be construed in accordance with and governed by the laws of the
State of Arizona. The proper venue for any proceedings relating to this Agreement shall
be Maricopa County, Arizona.
41.0
AUTHORIZATION
Each Party warrants to the other Party that the appropriate governing body of the Party
has authorized approval and signature of this Agreement.
42.0
ACRONYMS AND DEFINITIONS
Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are hereby incorporated
by reference.