GILBERT SCHOOL DISTRICT COLLOBRATION AGREEMENT.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, 2020  
 
 
Termination Date: June 30, 2023 
 
 
 
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: mike.thomason@husd.org  
 
County Representative:  
Eve Del Real 
Assistant Director Early Education Division  
Address: 234 N. Central Avenue Suite #3201  
Phoenix, Arizona 85004 
Phone: 602-372-3700  
Email: Eve.DelReal@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. 
The Parties have authorized the undersigned to execute this Agreement on their behalf.

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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  
 
 
 
 
 
 
 
 
Title and Authorized Signature              Date 
 
 
 
 
 
 
 
 
Clint Hickman,  
Chairman, Board of Supervisors           Date 
Attested to: 
 
 
 
 
 
 
 
 
 
                                                                Date 
Attested to: 
 
 
 
 
 
 
 
 
 
Fran McCarroll, 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 three years old to 
kindergarten-eligible five years old, 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, 2020, (“Start Date”) and it shall 
remain in effect through June 30, 2023 (“Termination Date”). The Agreement shall become 
effective upon approval and signature by both Parties. 
 
3.0 
RENEWAL 
This Agreement may be renewed twice by a written amendment approved and signed by 
both Parties. Each renewal period shall not exceed two years. 
 
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 
CHANGES 
Changes may be executed at any time by written Change Order/Administrative Change 
executed by the Director of the County’s Human Services Department, within the general 
scope of this Agreement in any one or more of the following areas: 
 
7.1 
Modifications to the services schedule provided the modifications do not extend or 
shorten the term of this Agreement; 
 
7.2 
Minor changes in this Agreement, provided the overall scope of work for activities 
are unchanged; 
 
7.3 
Modifications to terms consistent with any changes required by federal, state, or 
County regulations, ordinances, or policies;  
 
7.4 
Modifications to administrative requirements such as changes in reporting periods, 
frequency of reports, or report formats required or local regulations, policies, or 
requirements; and 
 
7.5 
Approved and signed by both Parties. 
 
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.

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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 
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.

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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. 
 
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 
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 
13.1.1 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.  
 
13.1.2 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. 
 
13.1.3 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.

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14.0 
NON-LIABILITY 
The County and its agents, officials, officers, directors, employees, volunteers, departments, 
agencies, boards, committees, and commissions shall not be liable for any act or omission 
by the District or any of its agents, representatives, officials, officers, directors, employees, 
volunteers, agencies, boards, committees, commissions, and (sub)contractors that relates 
to this Agreement, and shall not be liable for any purchases or contracts made by the District  
or any of its agents, representatives, officials, officers, directors, employees, volunteers, 
agencies, boards, committees, commissions, or (sub)contractors in connection with this 
Agreement. 
 
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. 
 
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 
INDEMNIFICATION  
16.1 
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. 
16.2 
Additionally, the District shall indemnify, defend, and hold harmless the County and 
its and its agents, officials, officers, directors, employees, volunteers, departments, 
agencies, boards, committees, and commissions from and against all Claims either 
arising from or related to breach of this Agreement by the District and any and all of 
its agents, representatives, officials, officers, directors, employees, volunteers, 
agencies, boards, committees, commissions, and (sub)contractors.

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16.3 
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 
Exceptions: 
17.1.1 The District as a public entity is exempt from the Insurance requirements but 
shall provide a Letter of Self-Insurance. 
 
17.1.2 The District shall ensure the following Insurance thresholds are met: 
17.1.2.1 
Commercial Umbrella limit of no less than $2,000,000 for 
each occurrence; 
17.1.2.2 
General Aggregate limit of no less than $4,000,000; and 
17.1.2.3 
Workers’ Compensation limit of no less than $1,000,000 for 
each accident. 
 
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.

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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 
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 
RETENTION OF RECORDS 
20.1 
This provision applies to all financial and programmatic records, supporting 
documents, statistical records and other records of District that relate to this 
Agreement. 
 
20.2 
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

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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.  
 
21.0 
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. 
 
22.0 
BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY 
22.1 
The provisions of A.R.S. § 8-804 (as may be amended) are incorporated in their 
entirety as provisions of this Agreement. 
 
22.2 
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. 
 
22.3 
The information contained in the Central Registry must be used as a factor to 
determine employment qualifications.  
 
22.4 
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.  
 
22.5 
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. 
 
22.6 
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. 
 
22.7 
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: 
22.7.1 The person is not currently the subject of an investigation of child abuse or 
neglect in Arizona or another state or jurisdiction; and 
22.7.2 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.  
 
22.8 
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.

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22.9 
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.  
 
22.10 Either Party may request proof that Central Registry Background Checks have been 
completed, and those Background Checks shall be made available upon request. 
 
23.0 
FINGERPRINTING 
23.1 
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.  
 
23.2 
Applicable legal requirements relating to fingerprinting, certification, and criminal 
background checks may include, but are not limited, to the following:  
23.2.1 A.R.S. §§ 36-594.01, 36-3008, 41-1964, and 46-141.  
23.2.2 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.  
23.2.3 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.  
 
23.3 
To the extent A.R.S. §§ 46-141 is applicable to Agreement performance or the 
services provided under this Agreement, the following provisions apply: 
23.3.1 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.  
23.3.2 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. 
23.3.3 Either Party may request proof that Central Registry Background Checks 
have been completed, and the Background Checks shall be made available 
upon request. 
 
24.0 
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND 
VOLUNTARY EXCLUSION 
24.1 
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:

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24.1.1 Are not presently debarred, suspended, proposed for debarment, declared 
ineligible, or voluntarily excluded from covered transactions by any federal 
department or agency; 
24.1.2 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; 
24.1.3 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 24.1.2 above;  
24.1.4 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; 
24.1.5 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 
24.1.6 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. 
 
24.2 
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. 
 
24.3 
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. 
 
25.0 
EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM 
EMPLOYEES OF WHISTLEBLOWER RIGHTS 
25.1 
The Parties agree that this Agreement and employees working on this Agreement 
shall be subject to the whistleblower rights and remedies in the pilot program on 
the 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; 
 
25.2 
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 the County upon request; and

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25.3 
The District shall insert the substance of this clause, including this paragraph, in 
all subcontracts over the simplified acquisition threshold ($150,000 as of 
September 2013). 
 
26.0 
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.  
 
27.0 
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 thereof, 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 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. 
 
28.0 
COLLABORATION ACTIVITIES 
28.1 
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)).  
 
28.2 
Activities shall include: 
28.2.1 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. 
28.2.2 Supporting children’s optimal development and readiness for school entry 
and success. 
28.2.3 Addressing the unique strengths and needs of the local population, such as 
homeless persons, migrants, or non-English speaking families. 
28.2.4 Promoting collaboration regarding shared use of facilities and other 
resources, as appropriate. 
28.2.5 Promoting further collaboration to reduce duplication of services and 
enhance the efficiency of services. 
28.2.6 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. 
28.2.7 Establishing a comprehensive system, which guides and supports service 
delivery to children and their families. 
 
28.3 
The Parties agree to guiding principles that will:

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28.3.1 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”. 
28.3.2 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.  
28.3.3 Plan and implement strategies based on practice and research that have 
been proven to support children’s school success. 
28.3.4 Respect the uniqueness of each locality’s needs and resources. 
 
28.4 
The Parties agree to incorporate the following activities into service delivery: 
28.4.1 Implement a Child Find process to identify all children with disabilities in need 
of special education services. 
28.4.2 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.). 
28.4.3 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, 
as appropriate to the child's individual needs, and delivered by qualified 
professionals. 
28.4.4 Ensure eligible children have access to adaptive equipment or any modified 
device or piece of equipment that enhances the independent functioning of 
the user. 
28.4.5 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. 
28.4.6 Ensure specifically designed programs that combine typical children and 
children with disabilities so that they are integrated into ongoing regular 
activities. 
28.4.7 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. 
28.4.8 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

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appropriate public education for those children, ages three through eighteen 
years of age, who are eligible for special education. 
28.4.9 Provide programs for children without disabilities in which some children with 
disabilities are appropriately enrolled and mainstreamed.  
28.4.10Ensure 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).  
28.4.11Ensure 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. 
28.4.12Conduct 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.   
28.4.13Ensure special education, specially designed individualized instruction, 
provided at no cost to parents, which meets the child's unique educational 
needs. 
28.4.14Establish a transdisciplinary team approach in which team members work 
across disciplinary boundaries to plan and provide integrated services. 
28.4.15Utilize 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. 
 
28.5 
The Parties agree to the following responsibilities: 
28.5.1 Collaborate with parent(s) to provide necessary services to foster the 
maximum development of each child's potential. 
28.5.2 Hire and supervise staff according to each Parties’ program policies and 
procedures. 
28.5.3 Provide orientation for staff regarding each Parties’ program regulations, 
requirements, goals, service delivery models, procedures, and interagency 
agreements. 
28.5.4 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. 
28.5.5 Coordinate Family Support staff to provide Family Support Services to 
enrolled families. 
28.5.6 Support family-professional partnerships to establish effective services to all 
children by: 
28.5.6.1 
including parents in appropriate training and activities; 
28.5.6.2 
inviting parents to all meetings regarding their child's 
progress, and 
28.5.6.3 
explaining procedural safeguards to parents as appropriate.

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28.5.7 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. 
28.5.8 Jointly coordinate Child Find efforts to identify children who may have a 
disability. 
28.5.9 Collaborate outreach activities to McKinney-Vento Act individuals for 
recruitment of Head Start eligible families. 
28.5.10Communicate on a monthly basis to share concerns, new strategies, 
techniques which have proved successful, updates on new goals, and dates 
for upcoming IEP meetings. 
28.5.11Work 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: 
28.5.11.1 
Educational activities, curricular objectives, and instruction, 
the Department and the District will: 
28.5.11.1.1 
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. 
28.5.11.1.2 
collaborate in the development of school 
readiness goals and provide input and feedback 
on school readiness outcomes. 
28.5.11.1.3 
collaborate to ensure Family Style meals are 
provided in the classroom in accordance with the 
Performance 
Standards 
in 
45 
C.F.R. 
§ 
1302.31(e)(2). 
28.5.11.1.4 
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. 
28.5.11.1.5 
collaborate on basic janitorial needs to 
ensure health and safety of the children is 
maintained 
in 
conformance 
with 
the 
Performance 
Standards 
in 
45 
C.F.R. 
§ 
1302.47(b). 
28.5.11.1.6 
Inform Head Start classroom staff of disaster 
plans, emergency procedures, and safety 
advisories developed for the classroom site. 
28.5.11.2 
Public Information dissemination, the Parties shall: 
28.5.11.2.1 
share 
all 
information 
on 
enrollment 
guidelines.  
28.5.11.2.2 
enrollment information may be posted on the 
Parties’ websites as well as sites within the 
service areas.  
28.5.11.2.3 
Head Start Program contact information will 
be provided to families.  
28.5.11.2.4 
event activities will be shared for recruitment 
opportunities.

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28.5.11.2.5 
registration information for Kindergarten will 
be distributed by the Head Start Program. 
28.5.11.3 
Selection Priorities 
28.5.11.3.1 
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.  
28.5.11.3.2 
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. 
28.5.11.4 
Service Areas 
28.5.11.4.1 
Service 
areas 
include 
the 
District’s 
boundaries and within the boundary constraints 
of the Head Start Program. 
28.5.11.5 
Staff Training 
28.5.11.5.1 
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 
training 
applies 
to 
the 
curriculum 
and 
professional development of staff.  
28.5.11.6 
Technical Assistance 
28.5.11.6.1 
Each Party shall work together to provide 
technical assistance and training to the other 
Party as training is identified or required.  
28.5.11.7 
Additional Services for Working Parents 
28.5.11.7.1 
Coordinated training opportunities shall be 
offered to meet the needs of working parents and 
families.  
28.5.11.8 
Transition to Kindergarten 
28.5.11.8.1 
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. 
28.5.12 
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.  
 
28.6 
The District’s Responsibilities include:

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28.6.1 Locating and identifying preschool children with disabilities through a Child 
Find effort that includes a process for screening. 
28.6.2 Assuring that special education services to preschool children with 
disabilities are provided in accordance with the Individuals with Disabilities 
Education Act 2004 (IDEA). 
28.6.3 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. 
28.6.4 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. 
28.6.5 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. 
28.6.6 Notifying, in writing, the County of scheduled evaluations, MET, and IEP 
meetings. 
28.6.7 Referring children to Head Start who pass Child Find screening, but who 
may be income eligible for regular Head Start services. 
28.6.8 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. 
28.6.9 Providing training to Head Start staff on District forms and procedures upon 
request. 
28.6.10For eligible children at Head Start sites located on District campuses 
requiring personalized health care services, the school nurse shall review 
participant’ 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. 
28.7 
The Head Start Program’s Responsibilities include: 
28.7.1 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.   
28.7.2 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. 
28.7.3 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.  
28.7.4 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.

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28.7.5 Ensuring that children with disabilities receive all the services to which they 
are entitled under the Head Start Program Performance Standards.  
28.7.6 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.  
28.7.7 Providing the District with a copy of the Head Start Program Calendar. 
28.7.8 Notifying special education and related service personnel (including 
cafeteria) regarding any changes in classroom schedules (e.g., field trips). 
28.7.9 Providing opportunities for children to practice and generalize within 
inclusive environments the skills developed through work with District 
special education personnel. 
28.7.10 
Providing the District with attendance reports, when requested, in 
order to submit and maintain Arizona Department of Education census and 
attendance data. 
28.7.11 
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. 
28.7.12 
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. 
 
28.8 
Community based sites operated by the County and located within the District’s 
boundaries: 
28.8.1 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:  
28.8.1.1 
Gilbert Boys and Girls Club 44 N Oak Street Gilbert AZ 85233 
28.8.2 The County/Head Start Program shall notify the District if the community-
based locations increase or decrease through the Changes process 
identified in Paragraph 7.0.