IGA WITH CHANDLER SCHOOL DISTRICT.PDF
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CHANDLER UNIFIED SCHOOL DISTRICT
Agreement Number: C-22- - -00 \ G-30214
Start Date: July 1, 2020
Termination Date: June 30, 2023
This Intergovernmental Agreement (“Agreement”) is entered into between Chandler Unified
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. Camille Casteel, Superintendent
Address: 1525 West Frye Road
Chandler, Arizona 85224
Phone: 480-812-7000
Email: casteel.camille@cusd80.com
County Representative:
With a copy to:
Eve Del Real
Director
Assistant Director Early Education Division
Maricopa County Real Estate Dept.
Address: 234 N. Central Avenue Suite #3201
Address: 2801 W. Durango Street
Phoenix, Arizona 85004
Phoenix, Arizona 85009
Phone: 602-372-3700
Phone: 602.506.4744
Email: Eve.DelReal@maricopa.gov
Email: Michelle.Colby@maricopa.gov
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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.
This Agreement shall be effective upon approval and signature by both Parties.
[Signatures on following page]
IN WITNESS, the Parties have approved and signed this Agreement:
Approved By:
CHANDLER UNIFIED 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
CHANDLER
UNIFIED
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).
1.3
The Agreement shall also establish the guidelines for the County to utilize
classroom and playground space in identified schools under the District’s control.
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 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.
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
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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
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, and the Department Director shall also provide a copy of
such written response to Maricopa County Real Estate Dept.
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.
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
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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.
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.
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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.
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.
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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
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.
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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.
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
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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:
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.
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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
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
COLLABORATION ACTIVITIES
26.1
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)).
26.2
Activities shall include:
26.2.1 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.
26.2.2 Supporting children’s optimal development and readiness for school entry
and success.
26.2.3 Addressing the unique strengths and needs of the local population, such as
homeless persons, migrants, or non-English speaking families.
26.2.4 Promoting collaboration regarding shared use of facilities and other
resources, as appropriate.
26.2.5 Promoting further collaboration to reduce duplication of services and
enhance the efficiency of services.
26.2.6 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.
26.2.7 Establishing a comprehensive system, which guides and supports service
delivery to children and their families.
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26.3
The Parties agree to guiding principles that will:
26.3.1 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”.
26.3.2 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.
26.3.3 Plan and implement strategies based on practice and research that have
been proven to support children’s school success.
26.3.4 Respect the uniqueness of each locality’s needs and resources.
26.4
The Parties agree to incorporate the following activities into service delivery:
26.4.1 Implement a Child Find process to identify all children with disabilities in need
of special education services.
26.4.2 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.).
26.4.3 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.
26.4.4 Ensure eligible children have access to adaptive equipment or any modified
device or piece of equipment that enhances the independent functioning of
the user.
26.4.5 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.
26.4.6 Ensure specifically designed programs that combine typical children and
children with disabilities so that they are integrated into ongoing regular
activities.
26.4.7 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.
26.4.8 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.
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26.4.9 Provide programs for children without disabilities in which some children with
disabilities are appropriately enrolled and mainstreamed.
26.4.10Ensure 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).
26.4.11Ensure 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.
26.4.12Conduct 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.
26.4.13Ensure special education, specially designed individualized instruction,
provided at no cost to parents, which meets the child's unique educational
needs.
26.4.14Establish a transdisciplinary team approach in which team members work
across disciplinary boundaries to plan and provide integrated services.
26.4.15Utilize 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.
26.5
The Parties agree to the following responsibilities:
26.5.1 Collaborate with parent(s) to provide necessary services to foster the
maximum development of each child's potential.
26.5.2 Hire and supervise staff according to each Parties’ program policies and
procedures.
26.5.3 Provide orientation for staff regarding each Parties’ program regulations,
requirements, goals, service delivery models, procedures, and interagency
agreements.
26.5.4 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.
26.5.5 Coordinate Family Support staff to provide Family Support Services to
enrolled families.
26.5.6 Support family-professional partnerships to establish effective services to all
children by:
26.5.6.1
including parents in appropriate training and activities;
26.5.6.2
inviting parents to all meetings regarding their child's
progress, and
26.5.6.3
explaining procedural safeguards to parents as appropriate.
26.5.7 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.
26.5.8 Jointly coordinate Child Find efforts to identify children who may have a
disability.
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26.5.9 Collaborate outreach activities to McKinney-Vento Act individuals for
recruitment of Head Start eligible families.
26.5.10Communicate on a monthly basis to share concerns, new strategies,
techniques which have proved successful, updates on new goals, and dates
for upcoming IEP meetings.
26.5.11Work 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:
26.5.11.1
Educational activities, curricular objectives, and instruction,
the Department and the District will:
26.5.11.1.1
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.
26.5.11.1.2
collaborate in the development of school
readiness goals and provide input and feedback
on school readiness outcomes.
26.5.11.1.3
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).
26.5.11.1.4
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.
26.5.11.1.5
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).
26.5.11.1.6
Inform Head Start classroom staff of disaster
plans, emergency procedures, and safety
advisories developed for the classroom site.
26.5.11.2
Public Information dissemination, the Parties shall:
26.5.11.2.1
share
all
information
on
enrollment
guidelines.
26.5.11.2.2
enrollment information may be posted on the
Parties’ websites as well as sites within the
service areas.
26.5.11.2.3
Head Start Program contact information will
be provided to families.
26.5.11.2.4
event activities will be shared for recruitment
opportunities.
26.5.11.2.5
registration information for Kindergarten will
be distributed by the Head Start Program.
26.5.11.3
Selection Priorities
26.5.11.3.1
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.
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26.5.11.3.2
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.
26.5.11.4
Service Areas
26.5.11.4.1
Service
areas
include
the
District’s
boundaries and within the boundary constraints
of the Head Start Program.
26.5.11.5
Staff Training
26.5.11.5.1
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.
26.5.11.6
Technical Assistance
26.5.11.6.1
Each Party shall work together to provide
technical assistance and training to the other
Party as training is identified or required.
26.5.11.7
Additional Services for Working Parents
26.5.11.7.1
Coordinated training opportunities shall be
offered to meet the needs of working parents and
families.
26.5.11.8
Transition to Kindergarten
26.5.11.8.1
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.
26.5.12
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.
26.6
The District’s Responsibilities include:
26.6.1 Locating and identifying preschool children with disabilities through a Child
Find effort that includes a process for screening.
26.6.2 Assuring that special education services to preschool children with
disabilities are provided in accordance with the Individuals with Disabilities
Education Act 2004 (IDEA).
26.6.3 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.
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26.6.4 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.
26.6.5 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.
26.6.6 Notifying, in writing, the County of scheduled evaluations, MET, and IEP
meetings.
26.6.7 Referring children to Head Start who pass Child Find screening, but who
may be income eligible for regular Head Start services.
26.6.8 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.
26.6.9 Providing training to Head Start staff on District forms and procedures upon
request.
26.6.10For 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.
26.7
The Head Start Program’s Responsibilities include:
26.7.1 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.
26.7.2 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.
26.7.3 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.
26.7.4 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.
26.7.5 Ensuring that children with disabilities receive all the services to which they
are entitled under the Head Start Program Performance Standards.
26.7.6 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.
26.7.7 Providing the District with a copy of the Head Start Program Calendar.
26.7.8 Notifying special education and related service personnel (including
cafeteria) regarding any changes in classroom schedules (e.g., field trips).
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26.7.9 Providing opportunities for children to practice and generalize within
inclusive environments the skills developed through work with District
special education personnel.
26.7.10
Providing the District with attendance reports, when requested, in
order to submit and maintain Arizona Department of Education census and
attendance data.
26.7.11
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.
26.7.12
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.
26.8
Community based sites operated by the County and located within the District’s
boundaries:
26.8.1 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:
26.8.1.1
Hamilton HUD 130 N. Hamilton #26, Chandler, AZ 85204
26.8.1.2
Palm Lane HUD 660 S. Palm Lane, Chandler, AZ 85224
26.8.1.3
SonRise Faith Community Center 800 W. Galveston,
Chandler, AZ 85225
26.8.1.4
Tutor Time #6096 905 N. McClintock Dr., Chandler, AZ
85226
26.8.2 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.
27.0
FACILITY USE
27.1
In accordance with A.R.S. § 15-342(7), the District grants the County, within
identified elementary schools controlled by the District (“Facility” or “Facilities.”),
exclusive use of classroom space and playground areas (“Premises”) as more
particularly described in 27.2 below, for delivery of Head Start Program activities.
27.2
During the term of this Agreement, the County shall be entitled to exclusive use of
Premises at the following Facility(ies) for service delivery of Head Start Program
activities:
27.2.1 Galveston Elementary School, 661 E. Galveston St., Chandler, AZ 85225
Room # C5
Estimated SF: 864
Days & Hours of operation: Monday through Friday, 7:30 AM to 3:00 PM
Scheduled Playground Days & Hours as determined by the Parties in
writing within 30 days of execution of this Agreement.
27.3
The County shall provide its own classroom equipment and supplies for the
County’s use of the Premises and the County shall be responsible for the room
arrangement.
27.4
The County shall ensure that the Premises meet state licensing requirements and,
as needed, accessibility for children with disabilities as designed by Arizona
Department of Health Services. The County shall ensure that access to the outdoor
areas and the indoor classroom at the Premises will be adapted to accommodate
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various disabling conditions, as necessary. Any such modification shall be made
by an amendment to this Agreement.
27.5
The District shall provide janitorial services of the Premises in the same manner
as the District provides at all other elementary classrooms at the District’s facilities.
27.6
The County is responsible for repairing or replacing damages to classrooms or
equipment utilized by the County as may be caused by the County’s use of the
Premises, including damage caused by persons whose permission to enter the
Premises is granted by the County.
27.7
If the District provides written notice that the County must make repairs or
replacement to damaged District property, then the County shall make repairs or
replacement within sixty (60) calendar days after receipt of notice. If the County fails
to make the repairs or to replace damage property, then the District may, at its
option, make repairs or replace damaged property and the County shall, following
demand by the District, reimburse the District for District’s reasonable costs and
expenses in connection the repairs or replacement. Any such repair or
reimbursement shall be made by amendment to this Agreement.
27.8
The District is responsible for normal wear and tear, maintenance, and services
provided by the District.
27.9
Maintenance:
27.9.1 The District shall maintain the Premises and the common areas of the
Facility(ies) and improvements thereto, in good repair and shall promptly
correct any hazardous conditions.
27.9.2 The District shall keep the exterior grounds of the Property clean and free
from trash and other rubbish.
27.9.3 The District shall maintain all utility systems serving the Property in state of
good repair. The District shall maintain the Property in a safe, operating
condition.
27.9.4 The District shall provide heating, ventilation, air conditioning (HVAC),
electricity, and water for reasonable and normal drinking and lavatory use
to the County for the Property at no charge to the County.
27.9.5 The District shall provide gas and fire inspections.
27.9.6 The District shall provide general cleaning and maintenance of playground,
playground equipment, and playground ground cover.
27.9.7 The Parties shall establish a written process within thirty (30) days of
execution of this Agreement by which the County can request
maintenance and repairs to be provided by the District.
27.9.8 The County, at its sole cost and expense, may pay for or reimburse the
District for minor incidental expenses such as lost keys or lock changes,
up to an amount not to exceed one thousand dollars ($1,000.00) per
fiscal year, July 1 through June 30.
27.10 Renovations:
27.10.1If the classrooms or playground areas (or both) do not meet Head Start
standards or State Child Care Licensing regulations, then the County shall
notify the District and request that the District make necessary renovations
to bring the areas into compliance.
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27.10.2The District shall decide whether to proceed with the requested renovations
and determine which Party shall be responsible for the renovations and
how renovations will be completed.
27.10.2.1
If the District determines the costs shall be incurred by the
District, then the District shall consult with County Head Start staff to
ensure the renovations will meet the required standards and
regulations.
27.10.2.2
If the District determines that costs for the renovations must
be paid for by the County, then the County may immediately
terminate this Agreement or the following shall apply:
27.10.2.2.1The District shall obtain quotes for the renovation costs,
utilizing the District’s procurement rules, A.C.C. R-7-2-
001, et seq.;
27.10.2.2.2Prior to beginning any renovation work or the
procurement of materials or services, the District shall
provide the County with the cost of the renovations;
27.10.2.2.3The County shall determine funding availability to pay
for the renovation costs;
27.10.2.2.4The Parties must agree to amend the Agreement to
incorporate the renovations and costs into the
Agreement. Any amendment shall be processed in
accordance with Paragraph 5.0 of this Agreement; and
27.10.2.2.5The District shall comply, as applicable, with the
provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to
276a-7), the Copeland Act (40 U.S.C. § 276c and 18
U.S.C. §§ 874), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. §§ 327-333), regarding
labor standards for federally assisted construction sub-
agreements.
27.10.2.3
The District shall submit an invoice to the County once the
renovation work is completed. The invoice shall not exceed the cost
estimate identified in the amendment.
27.10.3The renovations funded by the County remain property of the County as
long as the County is utilizing the Premises and an Agreement is in place.
27.11 Relocation:
27.11.1If the District determines that the Head Start Program activities and
classrooms must be relocated, the following shall apply:
27.11.1.1
Formal written ninety (90) calendar day notification shall be
provided to the County; and
27.11.1.2
The new location must be comparable to the location that is
being vacated, including but not limited to the new space having
items similar to the Head Start Program funded renovations and
improvements which the County had made to the former space.
27.12 Services to premises and disruption in use of premises:
27.12.1The District shall be responsible for services to the Premises including, but
not limited to, electrical, lighting, air conditioning, heating, ventilation, water,
sewer, and trash removal.
27.12.2The District shall not be liable for any failure or interruption of water, gas,
electricity, hot or cold air, or sewer system caused by fire, theft, vandalism,
equipment breakdown, or any other casualties, to all or part of the Facilities
except if due to District action, inaction or negligence.
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27.13 Access:
27.13.1The District shall be provided reasonable access to the Premises with
advance notice to the County to include:
27.13.1.1
climate control and checking water, gas, electrical, and
sewer systems.
27.13.2The District shall provide to the County reasonable access to and use of
the Premises for the purpose of:
27.13.2.1
Delivery of Head Start Program activities;
27.13.2.2
Classroom setup and recruitment activities; and
27.13.2.3
Parking spaces sufficient for staff and visitors during normal
hours of operation.
27.13.3The District shall collaborate with the County to provide access to internet
and phone systems.
27.13.4The District shall provide access to the nearest available restroom facilities
to the Premises where it is reasonable to do so in order to address the
health and safety of the children.
27.14 Property of County:
27.14.1The District is not responsible for any County property or personal property
located on the Premises. The District has no liability for the destruction,
theft, vandalism, or other loss or damage of any such property.
28.0
WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01
If the Subrecipient 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 Subrecipient 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 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.