IGA RE HEAD START COLLABORATION WITH NADABURG UNIFIED SCHOOL DISTRICT.PDF

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INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND 
NADABURG UNIFIED SCHOOL DISTRICT 
 
This Intergovernmental Agreement (“Agreement”) is entered into between Nadaburg 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.  Notices shall be sent 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. Aspasia Angelou, Superintendent 
Nadaburg Unified School District 
Address: 32919 Center St. 
Wittmann, AZ 85361 
Phone: 623-388-2121 
Email:  aangelou@nadaburgsd.org 
 
County Representative: 
Mattie Lord 
Assistant Director Early Education 
Address: 234 N. Central Avenue, 3rd Floor 
Phoenix, Arizona 85004 
Phone: 602-372-3710 
Email: Mattie.Lord@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. 
 
IN WITNESS, the Parties have approved and signed this Agreement: 
 
Approved By: 
NADABURG UNIFIED SCHOOL DISTRICT
Approved By: 
MARICOPA COUNTY  
 
 
 
 
 
 
 
 
Dr. Aspasia Angelou, Superintendent   Date 
 
 
 
 
 
 
 
 
 
Kate Brophy McGee, Chair                   Date 
Board of Supervisors 
 
 
 
Attested to: 
 
 
 
 
 
 
 
 
 
Juanita Garza, Clerk of the Board       Date
IN ACCORDANCE WITH A.R.S. §§ 11-952, 
15-341, AND 15-342 THIS AGREEMENT 
HAS 
BEEN 
REVIEWED 
BY 
THE 
UNDERSIGNED ATTORNEY WHO HAS 
DETERMINED 
THIS 
AGREEMENT 
IS 
PROPER IN FORM AND WITHIN THE 
POWERS AND AUTHORITY GRANTED TO 
THE 
NADABURG 
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 to kindergarten-eligible 
five year olds, in compliance with federal and state laws and regulations, and in 
accordance with District policies and the Improving Head Start for School 
Readiness Act of 2007 (42 U.S.C. §§ 9801, et seq.).  
1.2 
Services and activities to be provided under this Agreement shall be conducted by 
the Maricopa County Head Start Program (“Head Start Program”). The Head Start 
Program is federally funded by the U.S. Department of Health and Human Services 
(DHHS)/Administration for Children and Families (ACF), Office of Head Start 
(OHS).  
 
2.0 
TERM 
The term of this Agreement shall commence on April 1, 2026, (“Start Date”) and it shall 
remain in effect through June 30, 2027 (“Termination Date”).  
 
3.0 
RENEWAL 
This Agreement may be renewed by a written amendment approved and signed by both 
Parties. The County shall provide 60-day notice to the District of intentions to exercise the 
renewal option. Each renewal period shall not exceed one year. 
 
4.0 
AVAILABILITY OF FUNDS 
This is a non-financial Agreement, but if any action is taken by any state agency, federal 
department, or any other agency or instrumentality to suspend, decrease, or terminate its 
fiscal obligations under or in connection with this Agreement, then the Parties may amend, 
suspend, decrease, or terminate their obligations under or in connection with this 
Agreement. In the event of termination, the Party initiating the termination of this 
Agreement shall be liable for payment, if applicable, only for services rendered prior to the 
effective date of the termination, provided that 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 
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

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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 is 
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 the expiration 
of any renewal period as described in Section 3.0. 
6.6 
Upon termination of this Agreement, any property shall be returned to or retained 
by the purchasing Party. 
 
7.0 
ADMINISTRATIVE CHANGE ORDERS 
7.1 
The Early Education Assistant Director is authorized, upon the recommendation of 
the Human Services Department Director and Legal Counsel, to review and 
execute administrative changes to this Agreement through Administrative Change 
Orders. Administrative Change Orders become effective upon execution by both 
Parties. They may be used to implement any of the following changes: 
7.1.1 Adjustments to the project timeline, provided the final day of the project 
timeline is within the Agreement term. 
7.1.2 Revisions to budget line items, provided the Agreement Amount does not 
change. 
7.1.3 Changes required to comply with federal, state, or County regulations, 
ordinances, or policies. 
7.1.4 Updates to administrative requirements including changes in reporting 
periods, reporting frequency, or report formats required by federal, state, 
or local regulations, policies, or other applicable requirements. 
7.1.5 Modifications to identify community-based locations within the District’s 
boundaries, whether operated by the County or by independent childcare 
providers, as identified Attachment 1 – In District Community-Based Head 
Start Locations. 
 
8.0 
GENERAL REQUIREMENTS 
8.1 
The terms of this Agreement shall be construed in accordance with Arizona law. Any 
lawsuit arising out of this Agreement shall be brought in the appropriate court in 
Maricopa County, Arizona. 
8.2 
The Parties shall, without limitation, obtain and maintain all licenses, permits and 
authority necessary to do business, render services, and perform work under this 
Agreement, and shall comply with all laws regarding unemployment insurance, 
disability insurance, and workers’ compensation. 
8.3 
The District is an independent contractor in the performance of work and the 
provision of services under this Agreement and is not to be considered an officer, 
employee, or agent of the County. 
8.4 
The District shall comply with the regulations prohibiting a conflict of interest. The 
District shall not make any payments, either directly or indirectly, to any person, 
partnership, corporation, trust, or other organization that has a substantial interest in 
the District's organization or with which the District (or one of its directors, officers, 
owners, trust certificate holders, or relatives) has a substantial interest, unless the

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District has made full written disclosure of the proposed payments to the County and 
has received written approval therefor. 
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 
statutes, 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 
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 participants. 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 
RECIPROCAL INDEMNIFICATION 
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party 
and its officers, officials, employees, and agents (collectively, “Indemnitees”) from and 
against all claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees, 
expert fees, and other litigation costs) (collectively referred to as “Claims”) either arising from 
or related to breach of this Agreement, property damage, or bodily injury (including death) 
of any person, but only to the extent that such Claims are caused by the act, omission, 
negligence, misconduct, or other fault of the Indemnitor or any of its officers, officials, agents, 
representatives, directors, employees, volunteers, departments, agencies, boards, 
committees, and commissions. The obligations under this Section 10.0 shall survive 
termination of this Agreement.  The amount and type of insurance coverage requirements 
set forth herein will in no way be construed as limiting the scope of the indemnity in this 
paragraph. 
 
11.0 
LIMITATION ON LIABILITY 
The Parties hereby mutually agree that each Party and their respective agents, 
representatives, officials, officers, directors, employees, volunteers, departments, agencies, 
boards, committees, and commissions shall not be liable for any act or omission by the other 
Party or any and all of its agents, representatives, officials, officers, directors, employees, 
volunteers, departments, agencies, boards, committees, or commissions occurring in the 
performance of this Agreement, nor shall the Parties and their respective agents, 
representatives, officials, officers, directors, employees, volunteers, departments, agencies,

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boards, committees, and commissions be liable for purchases or contracts made by the 
other Party or any and all of its agents, representatives, officials, officers, directors, 
employees, volunteers, departments, agencies, boards, committees, or commissions in 
connection with this Agreement, except as otherwise provided by law. 
 
12.0 
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. 
 
13.0 
DISPUTES 
13.1 
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. 
13.2 
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 13.1 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 Department. 
 
14.0 
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. 
 
15.0 
PROVISIONS REQUIRED BY LAW 
Each and every provision of law and any clause required by law to be in this Agreement will 
be read and enforced as though it were included herein and, if through mistake or otherwise 
any such provision is not inserted, or is not correctly inserted, then upon the application of 
either party, this Agreement will promptly be physically amended to make such insertion or 
correction. 
 
16.0 
FORCE MAJEURE 
16.1 
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,

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nationalization, government sanction, lockout, blockage, embargo, labor dispute, 
strike, and interruption or failure of electricity or telecommunication service.  
16.2 
Each Party, as applicable, shall give the other Party notice of its inability to perform 
and particulars in reasonable detail regarding 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. 
16.3 
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 damage 
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. 
 
17.0 
SYSTEM FOR AWARD MANAGEMENT 
The District shall have a valid Unique Entity Identifier (UEI) number and an active profile 
in the federal System for Award Management, or SAM.gov. Documentation of the UEI 
Number must be included in all project files. The District must remain current with its 
registration throughout the term of the Agreement per 2 C.F.R. § 25.300; Appendix A to 2 
C.F.R. § 25. The District and any subcontractors will not receive a subaward until that 
entity has provided its UEI number. See 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. 
 
18.0 
EMPLOYMENT DISCLAIMER 
18.1 
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. 
18.2 
The Parties agree that no individual performing under this Agreement either by or 
on behalf of 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. 
18.3 
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. 
 
19.0 
INSURANCE 
19.1 
Each Party is a public entity and shall provide the other Party with a Certificate of 
Self-Insurance reflecting the coverage types and limits and amounts listed below: 
General Aggregate 
 
$3,000,000 
Each Occurrence Limit 
$1,000,000 
19.2 
Within ten (10) calendar days following execution of this Agreement, the District 
shall provide the County, directed to the person listed on page 1-with valid and 
complete Certificate(s) of Insurance or formal endorsements, as required and in 
the form provided by the County. These documents must be issued by the District 
as evidence that policies meeting the required coverage, conditions and limits

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under this Agreement are in full force and effect. All certificates shall reference this 
Agreement’s number and title. 
19.2.1 In addition to the above, the District shall mail a copy of the Certificate to 
the following address, identifying the Certificate holder as: 
Mail COI to: 
Maricopa County 
c/o Risk Management 
301 W Jefferson St., Suite 910 
Phoenix, AZ 85003 
19.3 
Cancellation and Expiration Notice: 
19.3.1 For all insurance policies required under this agreement, the District’s 
insurance shall not be permitted to expire, be suspended, or be canceled 
without thirty (30) days’ prior written notice to Maricopa County. Such notice 
shall be sent directly to Maricopa County Human Services Department, 
Early Education Division, and shall be mailed or hand-delivered to 234 N. 
Central Avenue, Phoenix Suite 3000, Phoenix, AZ 85004, or emailed to the 
Human Services representative identified in the Contract on page 1. 
 
20.0 
COMPLIANCE WITH APPLICABLE LAWS 
20.1 
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.  
20.2 
The District shall establish and use internal program management procedures 
sufficient to prevent non-compliance with applicable laws and regulations. 
20.3 
Specifically, the following apply: 
20.3.1 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. 
20.3.2 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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20.3.3 Nothing in this Agreement shall make the District or its (sub)contractors 
agents or employees of the County. 
 
21.0 
RETENTION OF RECORDS 
21.1 
This provision applies to all financial and programmatic records, supporting 
documents, statistical records and other records of District that relate to this 
Agreement. 
21.2 
The District shall retain all records related to this Agreement for six (6) years after 
final payment or until 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.  
 
22.0 
DISABILITY REQUIREMENTS 
The Parties agree 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. 
 
23.0 
BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY 
23.1 
The provisions of A.R.S. § 8-804 (as may be amended) are incorporated in their 
entirety as provisions of this Agreement. 
23.2 
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. 
23.3 
The information contained in the Central Registry must be used as a factor to 
determine employment qualifications.  
23.4 
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.  
23.5 
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 solely because the person has been granted a Central Registry 
exception. 
23.6 
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 ADES whether an allegation of abuse or neglect has been made against 
them and was substantiated. 
23.7 
A person awaiting receipt of the Central Registry Background Check may provide 
direct services to juveniles or vulnerable adults after completion and submission of 
the Direct Service Position certification form if the certification states: 
23.7.1 The person is not currently the subject of an investigation of child abuse or 
neglect in Arizona or another state or jurisdiction; and 
23.7.2 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.  
23.8 
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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23.9 
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 the termination 
of this Agreement.  
23.10 Either Party may request proof that Central Registry Background Checks have been 
completed, and those Background Checks shall be made available upon request. 
 
24.0 
FINGERPRINTING 
24.1 
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.  
24.2 
Applicable legal requirements relating to fingerprinting, certification, and criminal 
background checks may include, but are not limited to the following:  
24.2.1 A.R.S. §§ 36-594.01, 36-3008, 41-1964, and 46-141.  
24.2.2 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.  
24.2.3 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’s performance.  
24.3 
To the extent A.R.S. §§ 46-141 is applicable to Agreement performance or the 
services provided under this Agreement, the following provisions apply: 
24.3.1 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.  
24.3.2 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. 
24.3.3 Either Party may request proof that Central Registry Background Checks 
have been completed, and the Background Checks shall be made available 
upon request. 
 
25.0 
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND 
VOLUNTARY EXCLUSION 
25.1 
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: 
25.1.1 Are not presently debarred, suspended, proposed for debarment, declared 
ineligible, or voluntarily excluded from covered transactions by any federal 
department or agency; 
25.1.2 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,

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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; 
25.1.3 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 25.1.2 above;  
25.1.4 Have not, within a three-year period preceding the Start Date of this 
Agreement, had one or more public transactions (federal, state, or local) 
terminated for cause or default; 
25.1.5 Shall immediately notify the County if, at any time during the term of this 
Agreement, the District 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 
25.1.6 Shall not enter into a subcontract or subrecipient 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. 
25.2 
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. 
25.3 
If the 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. 
 
26.0 
EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM 
EMPLOYEES OF WHISTLEBLOWER RIGHTS 
26.1 
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; 
26.2 
The District shall inform its employees in writing, in the predominant language of 
the workforce, of employee whistleblower rights and protections under 41 U.S.C. 
§ 4712, as described in Section 3.908 of the Federal Acquisition Regulation. 
Documentation of such employee notification must be kept on file by the District 
and copies provided to the County upon request; and 
26.3 
The Parties shall insert the substance of this clause, including this paragraph, in 
all subcontracts over the simplified acquisition threshold ($250,000 as of June 
2021). 
 
27.0 
COLLABORATION ACTIVITIES 
27.1 
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 to kindergarten-eligible five-year-olds, in compliance with 
federal and Arizona state laws and regulations, and in accordance with the District’s 
policies and the 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)).  
27.2 
Activities shall include:

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27.2.1 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. 
27.2.2 Supporting children’s optimal development and readiness for school entry 
and success. 
27.2.3 Addressing the unique strengths and needs of the local population, such as 
homeless persons, migrants, or non-English-speaking families. 
27.2.4 Promoting collaboration regarding shared use of facilities and other 
resources, as appropriate. 
27.2.5 Promoting further collaboration to reduce duplication of services and 
enhance the efficiency of services. 
27.2.6 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. 
27.2.7 Establishing a comprehensive system, which guides and supports service 
delivery to children and their families. 
27.3 
The Parties agree to guiding principles that will: 
27.3.1 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”. 
27.3.2 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.  
27.3.3 Plan and implement strategies based on practice and research that have 
been proven to support children’s school success. 
27.3.4 Respect the uniqueness of each locality’s needs and resources. 
27.4 
The Parties agree to incorporate the following activities into service delivery: 
27.4.1 Implement a Child Find process to identify all children with disabilities in need 
of special education services. 
27.4.2 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.). 
27.4.3 Provide eligible children Free Appropriate Public Education (FAPE) to 
include special education and related services, at public expense, designed 
under 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. 
27.4.4 Ensure eligible children have access to adaptive equipment or any modified 
device or piece of equipment that enhances the independent functioning of 
the user. 
27.4.5 Develop an Individualized 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 
multidisciplinary 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

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nature and severity of the disability, least restrictive placement, services and 
personnel needs required to assist the child in meeting the objectives of the 
IEP. 
27.4.6 Ensure specifically designed programs that combine typical children and 
children with disabilities so that they are integrated into ongoing, regular 
activities. 
27.4.7 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 nondisabled peers in regular education settings to the 
maximum extent appropriate. 
27.4.8 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 an appropriate 
free public education for those children, ages three through eighteen years 
of age, who are eligible for special education. 
27.4.9 Provide programs for children without disabilities in which some children with 
disabilities are appropriately enrolled and mainstreamed.  
27.4.10Ensure 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).  
27.4.11Ensure 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. 
27.4.12Conduct 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.   
27.4.13Ensure special education, specially designed individualized instruction, 
provided at no cost to parents, which meets the child's unique educational 
needs. 
27.4.14Establish a transdisciplinary team approach in which team members work 
across disciplinary boundaries to plan and provide integrated services. 
27.4.15Utilize 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™. 
27.5 
The Parties agree to the following responsibilities: 
27.5.1 Collaborate with parent(s) to provide necessary services to foster the 
maximum development of each child's potential. 
27.5.2 Hire and supervise staff according to each Party’s program policies and 
procedures. 
27.5.3 Provide orientation for staff regarding each Party’s program regulations, 
requirements, goals, service delivery models, procedures, and interagency 
agreements. 
27.5.4 Provide access to regular and ongoing training events that keep staff abreast 
of new materials, equipment, and practices related to serving all children,

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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. 
27.5.5 Coordinate Family Support staff to provide Family Support Services to 
enrolled families. 
27.5.6 Support family-professional partnerships to establish effective services to all 
children by: 
27.5.6.1 
including parents in appropriate training and activities; 
27.5.6.2 
inviting parents to all meetings regarding their child's 
progress; and 
27.5.6.3 
explaining procedural safeguards to parents as appropriate. 
27.5.7 Develop and implement a transition process to ensure seamless delivery of 
services as a child transitions from Early Head Start to Head Start/Preschool 
and from Head Start/Preschool to kindergarten. 
27.5.8 Jointly coordinate Child Find efforts to identify children who may have a 
disability. 
27.5.9 Collaborate on outreach activities to McKinney-Vento Act individuals for 
recruitment of Head Start eligible families. 
27.5.10Communicate on a monthly basis to share concerns, new strategies, 
techniques which have proven successful, updates on new goals, and dates 
for upcoming IEP meetings. 
27.5.11Work 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: 
27.5.11.1 
Educational activities, curricular objectives, and instruction, 
the Parties will: 
27.5.11.1.1 
adhere to and utilize the Arizona Early 
Learning Standards that are aligned with the 
Head 
Start 
Early 
Learning 
Outcomes 
Framework. The Parties shall share ongoing 
assessment 
data 
in 
Teaching 
Strategies 
GOLD™ as appropriate. 
27.5.11.1.2 
collaborate in the development of school 
readiness goals and provide input and feedback 
on school readiness outcomes. 
27.5.11.1.3 
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). 
27.5.11.1.4 
collaborate to ensure water and sewer 
systems, which allow for toothbrushing activities, 
can be provided in the classroom in accordance 
with the Performance Standards in 45 C.F.R. § 
1302.43. 
27.5.11.1.5 
collaborate on basic janitorial needs to 
ensure the health and safety of the children is 
maintained 
in 
conformance 
with 
the 
Performance 
Standards 
in 
45 
C.F.R. 
§ 
1302.47(b). 
27.5.11.1.6 
Inform Head Start classroom staff of disaster 
plans, emergency procedures, and safety 
advisories developed for the classroom site. 
27.5.11.2 
Public information dissemination, the Parties shall:

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27.5.11.2.1 
share 
all 
information 
on 
enrollment 
guidelines.  
27.5.11.2.2 
enrollment information may be posted on the 
Parties’ websites, as well as sites within the 
service areas.  
27.5.11.2.3 
Head Start Program contact information will 
be provided to families.  
27.5.11.2.4 
event activities will be shared for recruitment 
opportunities. 
27.5.11.2.5 
registration information for kindergarten will 
be distributed by the Head Start Program. 
27.5.11.3 
Selection Priorities 
27.5.11.3.1 
Flyers and information regarding federal 
income guidelines for both programs and service 
area information will be available at recruitment 
events, program offices, schools and sites within 
the service area.  
27.5.11.3.2 
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. 
27.5.11.4 
Service Areas 
27.5.11.4.1 
Service 
areas 
include 
the 
District’s 
boundaries and the areas within the boundary 
constraints of the Head Start Program. 
27.5.11.5 
Staff Training 
27.5.11.5.1 
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.  
27.5.11.6 
Technical Assistance 
27.5.11.6.1 
Each Party shall work together to provide 
technical assistance and training to the other 
Party as training is identified or required.  
27.5.11.7 
Additional Services for Working Parents 
27.5.11.7.1 
Coordinated training opportunities shall be 
offered to meet the needs of working parents and 
families.  
27.5.11.8 
Transition to Kindergarten 
27.5.11.8.1 
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. 
27.5.12 Share GOLD™ data collection for children dually enrolled in the District’s 
Public Schools and the Head Start Program. The Head Start Program

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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.  
27.6 
The District’s Responsibilities include: 
27.6.1 Locating and identifying preschool children with disabilities through a Child 
Find effort that includes a process for screening. 
27.6.2 Ensuring that special education services to preschool children with 
disabilities are provided in accordance with the Individuals with Disabilities 
Education Act 2004 (IDEA). 
27.6.3 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. 
27.6.4 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. 
27.6.5 Placing preschool children with disabilities in the least restrictive 
environment with an opportunity to interact with nondisabled peers and 
recognize Head Start as a viable placement option. 
27.6.6 Notifying, in writing, the County of scheduled evaluations, METs, and IEP 
meetings. 
27.6.7 Referring children to Head Start who pass Child Find screening, but who 
may be income eligible for regular Head Start services. 
27.6.8 Scheduling and coordinating IEP meetings with appropriate District staff, 
Head Start personnel, and parents. Upon completion of the IEP, provide a 
copy to parents and Head Start staff. 
27.6.9 Providing training to Head Start staff on District forms and procedures upon 
request. 
27.6.10 For eligible children at Head Start sites located on District campuses 
requiring personalized health care services, the school nurse shall review 
the participant’s training and care plans and sign off on the plan. The nurse 
shall be available to answer questions and to provide services when 
agreed upon by both Parties. 
27.6.11 The District will notify the County when children are 2 years and 9 months 
of age and may qualify for disability services or transition from Arizona 
Early Intervention Program (AZEIP) to the District’s developmental 
preschool program so that the County may assist in facilitating the 
student’s participation and transfer to the District’s program. 
27.7 
The Head Start Program’s Responsibilities include: 
27.7.1 Ensuring that 10% of enrollment slots are available to children with 
disabilities who meet federal poverty level eligibility guidelines, provided 
Head Start is an appropriate placement according to the child’s IEP. If 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.   
27.7.2 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. 
27.7.3 Screening all enrolled children for potential developmental concerns within 
45 calendar days after enrollment. During the intake process, children with

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developmental concerns may be screened and referred to the District for 
evaluation.  
27.7.4 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 ten (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. 
27.7.5 Ensuring that children with disabilities receive all the services to which they 
are entitled under the Head Start Program Performance Standards.  
27.7.6 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.  
27.7.7 Providing the District with a copy of the Head Start Program Calendar. 
27.7.8 Notifying special education and related service personnel (including 
cafeteria staff) regarding any changes in classroom schedules (e.g., field 
trips). 
27.7.9 Providing opportunities for children to practice and generalize within 
inclusive environments the skills developed through work with District 
special education personnel. 
27.7.10 
Providing the District with attendance reports, when requested, in 
order to submit and maintain Arizona Department of Education census and 
attendance data. 
27.7.11 
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 email as PDF files, mailed, or hand 
delivered. 
27.7.12 
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. 
 
28.0 
COMMUNITY 
BASED 
CLASSROOMS 
LOCATED 
WITHIN 
THE 
DISTRICT’S 
BOUNDARIES: 
28.1 
Community-based locations within the District’s boundaries where Head Start 
Program activities occur, and that are operated by either the County or independent 
childcare providers, are identified in Attachment 1 – In District Community-Based 
Head Start Locations, as exhibit to the Agreement.  
28.2 
Community-Based Child Care Partner Location Changes: 
28.2.1 The District shall receive notification from the County, through an 
Administrative Change Order, executed by the Parties, as outlined in 
Section 7.0, of any revisions to community-based locations within the 
District’s boundaries that are operated by the County or third party 
independent childcare providers as identified in Attachment 1. 
 
29.0 
WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01 
To the extent required by law, 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.

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30.0 
DEFAULT  
Each of the terms in this Agreement is considered material and failure to perform any of 
them shall constitute a breach of this Agreement. Either Party shall have the right to 
terminate this Agreement if the other Party does not, within thirty (30) days of receipt of a 
written notice of the breach, cure any term 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) day 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. 
 
31.0 
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 
31.1 
To the extent required by law, the District warrants and certifies that it does not 
currently, and agrees for the duration of the agreement that it will not use: 
31.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China 
31.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in 
the People’s Republic of China. 
31.1.3 Any contractors, subcontractors, or suppliers that use the forced labor or  
any goods or services produced by the forced labor of ethnic Uyghurs in 
the People’s Republic of China. 
31.2 
If the District becomes aware during the term of this Agreement that they are not 
in compliance with this paragraph, the District shall notify the other Party within five 
business days after becoming aware of the noncompliance. If either Party fails to 
provide a written certification that the District has remedied the noncompliance 
within one hundred eighty (180) days after notifying the public entity of its 
noncompliance, this Agreement shall terminate unless the Term of this Agreement 
shall end prior to said one hundred eighty (180) day period. 
 
32.0 
RIGHTS/OBLIGATIONS OF PARTIES ONLY 
The terms of this Agreement are intended only to define the respective rights and 
obligations of the Parties. Nothing in this Agreement shall create any rights or duties in 
favor of any potential third-party beneficiary or other person, agency, or organization. 
Nothing in this Agreement shall affect the legal liabilities of either Party by imposing any 
standard of care different from the standard of care imposed by law. 
 
33.0 
ENTIRE AGREEMENT 
This Agreement contains the entire understanding of the Parties. There are no 
representations or other provisions other than those contained in either this Agreement or 
in any written amendments approved and signed by both Parties. 
 
34.0 
ADEQUACY OF RECORDS 
If the District’s books, records and other documents related to this Agreement are not 
reasonably sufficient to support and document that allowable services were provided to 
eligible participants as determined by a court of competent jurisdiction, then the District 
shall reimburse the County for the services not supported and/or documented. 
 
35.0 
STRICT COMPLIANCE 
One Party’s acceptance of the other Party’s performance that is not in strict compliance 
with the terms of this Agreement, shall not be deemed to waive the requirements of strict 
compliance for all future performance. All changes in performance obligations under this 
Agreement shall be in writing and signed by both Parties.

IGA with Nadaburg Unified School District 
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36.0 
RELIGIOUS ACTIVITIES 
The Parties warrant that none of their costs and none of the costs incurred by them or any 
of their contractors or subcontractors will include any expense related to religious 
activities. 
 
37.0 
RECOGNITION OF COUNTY SUPPORT 
The District shall give recognition to the County and the funding source for its support 
when the District publishes materials or releases public information that is paid for in whole 
or in part with funds received by the District under this Agreement. 
 
38.0 
OFFSHORE PERFORMANCE OF WORK PROHIBITED 
Due to security and identity protection concerns, direct services under this Agreement 
shall be performed within the borders of the United States. Any services that are described 
in the specifications or scope of work that directly serve the State of Arizona or its clients 
and may involve access to secure or sensitive data or personal client data or development 
or modification of software for the State shall be performed within the borders of the United 
States. Unless specifically stated otherwise in the specifications, this definition does not 
apply to indirect or “overhead” services, redundant back-up services, or services that are 
incidental to the performance of the Agreement. This provision applies to all work 
performed by contractors or subcontractors at all tiers. 
 
39.0 
SURVIVAL 
The indemnification, hold harmless, defense, and non-liability provisions of this Agreement 
shall have full force and effect notwithstanding any other provisions in this Agreement and 
shall survive the termination or expiration of this Agreement. 
 
40.0 
CHOICE OF LAW: VENUE 
This Agreement shall be construed in accordance with and governed by the laws of the 
State of Arizona. The proper venue for any proceeding relating to this Agreement shall be 
Maricopa County, Arizona. 
 
41.0 
AUTHORIZATION 
Each Party warrants to the other Party that the appropriate governing body of the Party 
has authorized approval and signature of this Agreement. 
 
42.0 
ACRONYMS AND DEFINITIONS 
Acronyms and definitions found under 2 C.F.R. §§ 200.0 & 200.1 are hereby incorporated 
by reference.

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ATTACHMENT 1 
 
IN DISTRICT - COMMUNITY-BASED HEAD START LOCATIONS 
 
1. Nadaburg Elementary School 
21419 W. Dove Valley Rd., Wittmann, AZ 85361