GILBERT PUBLIC SCHOOL DISTRICT AMENDMENT 1.PDF
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C-22-21-001-X-01 Amendment No. 1 Page 1 of 3 AMENDMENT NO. 1 TO AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND GILBERT PUBLIC SCHOOL DISTRICT I. Maricopa County, by and through the Maricopa County Human Services Department (“County”), and Gilbert Public School District (“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 Gilbert Public 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 28.0 (COLLABORATION ACTIVITIES), by removing subsection 28.8.1 of the Agreement in its entirety and replacing with the following: 28.8.1 Community-based locations, where Head Start Program activities are located within the District’s boundaries and are operated by either the County or independent Childcare providers, include: 28.8.1.1 Gilbert Boys and Girls Club 44 N Oak St, Gilbert, AZ 85233 28.8.1.2 Tutor Time #6068 1652 E. Elliot Rd, Gilbert, AZ 85234 28.8.1.3 Tutor Time #6066 3901 E. Guadalupe Rd, Gilbert, AZ 85234 28.8.1.4 Tutor Time #6083 690 W. Warner Rd, Gilbert, AZ 85233 C. Add the following sections to the Agreement: 29.0 FORCED LABOR OF ETHNIC UYGHURS To the extent applicable under A.R.S. § 35-394, the District warrants and certifies 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, C-22-21-001-X-01 Amendment No. 1 Page 2 of 3 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. 30.0 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 Agreement is amended to incorporate all the changes made by this Amendment No. 1. All other terms and conditions of the Agreement shall remain the same and in full force and effect as approved and amended. V. The Parties have authorized the undersigned to execute this Amendment No. 1 on their behalf. (Signatures are contained on the following page) C-22-21-001-X-01 Amendment No. 1 Page 3 of 3 IN WITNESS, the Parties have approved and signed this Amendment No. 1: FOR AND ON BEHALF OF GILBERT PUBLIC SCHOOL DISTRICT: __________________________________ Superintendent Date FOR MARICOPA COUNTY: _____________________________________ 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 AMENDMENT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE GILBERT PUBLIC SCHOOL DISTRICT UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: _____ Attorney for District Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11- 251, AND 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT 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