TEMPE UNIFIED SCHOOL DISTRICT AMENDMENT 1.PDF
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C-22-20-066-3-02/G-30220 Amendment No. 1 Page 1 of 3 AMENDMENT NO. 1 TO AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND TEMPE ELEMENTARY SCHOOL DISTRICT NO. 3 I. Maricopa County, by and through the Maricopa County Human Services Department (“County”), and Tempe Elementary School District No. 3 (“District”) entered into an Intergovernmental Agreement on or about October 7, 2020. The Agreement term began July 1, 2020, through June 30, 2023. The Agreement contains an option to extend the Agreement for two additional 2-year terms, upon written approval by the Parties. The District and the County are collectively referred to herein as the “Parties” and individually as a “Party.” The purpose of the Agreement is to establish a process in which services are provided to preschool children, including children with disabilities as defined in A.R.S. §15-761, ages three years old to kindergarten eligible five-year-olds, in compliance with Federal and State laws and regulations, and in accordance with Tempe Unified School District policy, and Improving Head Start for School Readiness Act of 2007 (42 U.S.C. §§ 9801, et seq.), by referring eligible children to the County’s Head Start program and the Head Start program shall refer eligible children to the District. II. The Parties now agree to enter into this Amendment No. 1 to the Agreement to address the following: A. Extend the Agreement term retroactively to July 1, 2023, through June 30, 2025 (renewal option #1). B. Revise Section 26.0 (COLLABORATION ACTIVITIES), subsection 26.8 by removing in its entirety and replacing with the following: 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 Childcare providers, include: 26.8.1.1 Guadalupe Child Development Center 9401 Avenida del Yaqui Guadalupe AZ 85283 26.8.1.2 North Multi-Generational Center 1555 North Bridalwreath Street Tempe AZ 85281 26.8.1.3 West Multi-Generational Center 715 W 5th Street Tempe AZ 85281 26.8.1.4 Valor 1001 E 8th Street Tempe AZ 85281 26.8.1.5 Compadre High School 500 West Guadalupe Tempe AZ 85283 26.8.1.6 Thew Elementary School 2130 E. Howe Avenue Tempe, AZ 85281 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. C-22-20-066-3-02/G-30220 Amendment No. 1 Page 2 of 3 C. Add the following Sections to the Agreement: 30.0 FORCED LABOR OF ETHNIC UYGHURS To the extent applicable under A.R.S. § 35-394, the District warrants and certify that they do not currently and agree that they will not use for the duration of this Agreement the forced labor, any goods or services produced by the forced labor, or 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. If the District becomes aware that they are not in compliance with this paragraph, they shall notify the County of the noncompliance within five business days of becoming aware of it. If the District fails to provide a written certification that they have remedied the noncompliance within 180 days after that, this Agreement shall terminate unless the termination date of this Agreement occurs before the end of the remedy, in which case this Agreement terminates on its termination date. 31.0 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. III. Under A.R.S. §38-511, the County may cancel this Agreement without penalty of further obligation within three years after execution of this Agreement if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County is, at any time while this Agreement or any extension is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of this Agreement with respect to the subject matter of this Agreement. IV. The Parties have authorized the undersigned to execute this Amendment No. 1 on their behalf. [Signatures contained on the following page] C-22-20-066-3-02/G-30220 Amendment No. 1 Page 3 of 3 IN WITNESS, the Parties have approved and signed this Amendment No. 1: FOR AND ON BEHALF OF TEMPE ELEMENTARY SCHOOL DISTRICT NO. 3: FOR MARICOPA COUNTY: ______________________________________ Charlotte Winsor, Date Governing Board President _____________________________________ Clint Hickman, Chairman Date Maricopa County Board of Supervisors Attestation: ______________________________________ Authorized Signature Date Attestation: ____________________________________ Juanita Garza, Clerk of the Board Date IN ACCORDANCE WITH A.R.S. §§ 11-952, 15- 341, AND 15-342 THIS AMENDMENT NO. 1 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 TEMPE ELEMENTARY SCHOOL DISTRICT No. 3 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 AMENDMENT NO.1 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