KYRENE SCHOOL DISTRICT COLLABORATION AGREEMENT.PDF
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Page 1 of 18 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT KYRENE SCHOOL DISTRICT No. 28 Agreement Number: ____________________ Start Date: July 1, 2023 Termination Date: June 30, 2026 This Intergovernmental Agreement (“Agreement”) is entered into between Kyrene School District No. 28 (“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: Laura Toenjes, Superintendent Address: 8700 S. Kyrene Road, Tempe Arizona 85284 Phone: 480-541-1100 Email: ltoenjes@kyrene.com County Representative: Nickia Newman Interim Assistant Director Early Education Division Address: 1001 W Southern Ave Mesa, Arizona 85210 Phone: 602-372-3714 Email: nickia.newman@maricopa.gov This Agreement contains all the terms and conditions agreed to by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. Nothing in this Agreement shall be construed as consent to any lawsuits or waiver of any defenses in a lawsuit brought against the County or the District in any state or federal court. IGA with Kyrene School District No. 28 Page 2 of 18 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: KYRENE UNIFIED SCHOOL DISTRICT Approved By: MARICOPA COUNTY Kevin Walsh, Date Governing Board President Chairman, Board of Supervisors Date Attested to: Nancy Moser, Executive Assistant Date 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 KYRENE SCHOOL DISTRICT NO. 28 UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Jordan Ellel Date Attorney for District 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 IGA with Kyrene School District No. 28 Page 3 of 18 1.0 PURPOSE 1.1 The purpose of this Agreement is to establish the process for collaboration between the Parties to provide services to preschool children, including children with disabilities as defined in A.R.S. § 15-761, ages three years old to kindergarten-eligible five years old, in compliance with federal and state laws and regulations, and in accordance with District policies and the Improving Head Start for School Readiness Act of 2007 (42 U.S.C. §§ 9801, et seq.). 1.2 Services and activities to be provided under this Agreement shall be conducted by the Maricopa County Head Start Program (“Head Start Program”). The Head Start Program is federally funded by the U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS). 2.0 TERM The term of this Agreement shall commence on July 1, 2023, (“Start Date”) and it shall remain in effect through June 30, 2026 (“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 Agreement on behalf of the Parties from any other Party to the Agreement arising as the result of this Agreement. IGA with Kyrene School District No. 28 Page 4 of 18 6.2 Either Party may terminate this Agreement for convenience and without cause and at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by the Board of Supervisors under the Availability of Funds provision). The notice shall be given by personal delivery or by registered or certified mail, postage prepaid and return-receipt requested, to the persons at the addresses set forth on Page One of this Agreement. 6.3 This Agreement may be terminated by mutual written agreement of the Parties. The written agreement shall specify the termination date. 6.4 The County has the right to terminate this Agreement upon twenty-four (24) hours’ notice when the County deems the health or welfare of the service recipients are endangered or the District’s non-compliance jeopardizes funding source financial participation. 6.5 If not terminated by one of the above methods, then this Agreement shall terminate on the Termination Date stated in Section 2.0 of this Agreement or expiration of any renewal period as described in Section 3.0. 7.0 ADMINISTRATIVE CHANGE ORDERS 7.1 The Chairman of the Board of Supervisors is authorized upon the recommendation of the Human Services Department Director and Legal Counsel to make changes within the general scope of the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders will be effective upon approval and execution by both the Chairman of the Board of Supervisors and the District. Administrative Change Orders may address any of the following areas: 7.1.1 Modifications to the services schedule provided the modifications do not extend or shorten the term of this Agreement; 7.1.2 Minor changes in this Agreement, provided the overall scope of work for activities are unchanged; 7.1.3 Modifications to terms consistent with any changes required by federal, state, or County regulations, ordinances, or policies; 7.1.4 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required or local regulations, policies, or requirements; and 7.1.5 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. 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 IGA with Kyrene School District No. 28 Page 5 of 18 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 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) IGA with Kyrene School District No. 28 Page 6 of 18 working days following receipt of the District’s notice of appeal. The decision of the Director shall be final. 12.0 SEVERABILITY Any provision of this Agreement that is determined to be invalid, void, or illegal by a court shall in no way affect, impair, or invalidate any other provision, and the remaining provisions shall remain in full force and effect. 13.0 FORCE MAJEURE 13.1 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. 13.2 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. 13.3 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 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 IGA with Kyrene School District No. 28 Page 7 of 18 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. 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, IGA with Kyrene School District No. 28 Page 8 of 18 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. 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 IGA with Kyrene School District No. 28 Page 9 of 18 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. 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. IGA with Kyrene School District No. 28 Page 10 of 18 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 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 IGA with Kyrene School District No. 28 Page 11 of 18 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. 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 IGA with Kyrene School District No. 28 Page 12 of 18 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 WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01 If the District engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, then the District certifies it is not currently engaged in, and agrees for the duration of this Agreement not to engage in, a boycott of goods and services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 27.0 DEFAULT Each of the terms in this Agreement is considered material and failure to perform any of them shall constitute a breach of this Agreement. Either Party shall have the right to terminate this Agreement if the other Party does not, within thirty (30) days of receipt of a written notice thereof, cure any terms in default. Notwithstanding the foregoing, if the nature of the breach cannot be cured within said thirty (30) day period, the noticing Party shall not have the right to terminate this Agreement if the other Party commences the cure within the thirty (30) 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. 28.0 COLLABORATION ACTIVITIES 28.1 The Parties will coordinate and collaborate in activities that include providing services to preschool children including children with disabilities as defined in A.R.S. § 15-761, ages three years old to kindergarten-eligible five years old, in compliance with federal and Arizona state laws and regulations, and in accordance with District policy and Improving Head Start for School Readiness Act of 2007. (42 U.S.C. §§ 9831-9852a Pub. L. No. 110-134, codified at 42 U.S.C. § 9832(18)). 28.2 Activities shall include: 28.2.1 Improving availability and quality of services within the District’s boundary area and Maricopa County Head Start for children ages three through five and their families. 28.2.2 Supporting children’s optimal development and readiness for school entry and success. 28.2.3 Addressing the unique strengths and needs of the local population, such as homeless persons, migrants, or non-English speaking families. 28.2.4 Promoting collaboration regarding shared use of facilities and other resources, as appropriate. 28.2.5 Promoting further collaboration to reduce duplication of services and enhance the efficiency of services. 28.2.6 Defining roles and responsibilities of the named parties toward coordinating and collaborating that will enhance relationships and the exchange of IGA with Kyrene School District No. 28 Page 13 of 18 information to meet the educational and non-educational needs and services of eligible children. 28.2.7 Establishing a comprehensive system, which guides and supports service delivery to children and their families. 28.3 The Parties agree to guiding principles that will: 28.3.1 Create and maintain a meaningful partnership to promote school readiness so children from low-income families in Head Start Programs, or who are preschool age, may receive comprehensive services to prepare them for elementary school and to address any potential “achievement gap”. 28.3.2 Develop successful connections within the context of the Improving Head Start for School Readiness Act of 2007 and local and state legislation, policies, and procedures. 28.3.3 Plan and implement strategies based on practice and research that have been proven to support children’s school success. 28.3.4 Respect the uniqueness of each locality’s needs and resources. 28.4 The Parties agree to incorporate the following activities into service delivery: 28.4.1 Implement a Child Find process to identify all children with disabilities in need of special education services. 28.4.2 Establish due process procedures that safeguard the rights of children with disabilities under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400, et seq.). 28.4.3 Provide to eligible children Free Appropriate Public Education (FAPE) to include special education and related services, at public expense, designed by the Education for All Handicapped Children Act of 1975 (Public Law 94- 142). Identified services shall be described in the Individual Education Plan, as appropriate to the child's individual needs, and delivered by qualified professionals. 28.4.4 Ensure eligible children have access to adaptive equipment or any modified device or piece of equipment that enhances the independent functioning of the user. 28.4.5 Develop an Individual Educational Plan/Program (IEP), a component of the Individuals with Disabilities Education Act (IDEA) that requires a written plan of instruction for each child, ages three to eighteen, who receives IEP special services. The IEP must include a statement of the child's present level of educational performance, annual goals, short-term objectives, specific services needed by the child, dates when these services will begin and be in effect, and when the child should be reevaluated. Ensure a multi-disciplinary team is in place and coordination with the child’s parents/guardians is developed for each IEP. IEPs are developed through a process of appropriate professionals making recommendations based on the nature and severity of the disability, least restrictive placement, services and personnel needs to assist the child in meeting the objectives of the IEP. 28.4.6 Ensure specifically designed programs that combine typical children and children with disabilities so that they are integrated into ongoing regular activities. 28.4.7 Ensure the Least Restrictive Environment () 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 IGA with Kyrene School District No. 28 Page 14 of 18 be educated with non-disabled peers in regular education settings to the maximum extent appropriate. 28.4.8 Provide services to eligible children within the Local Education Agency (LEA) area in which the child resides, or in which the child would attend school. The LEA is the entity that is legally responsible for the provision of a free appropriate public education for those children, ages three through eighteen years of age, who are eligible for special education. 28.4.9 Provide programs for children without disabilities in which some children with disabilities are appropriately enrolled and mainstreamed. 28.4.10Ensure a Multidisciplinary Evaluation Team (MET) is available in different disciplines, including parents, who work together to conduct evaluations and plan appropriate interventions for a child with documented, suspected, or developmental delays or who is disabled (or both). 28.4.11Ensure related services such as transportation and other developmental, corrective, and support services deemed necessary to assist a child with a disability who would benefit from special education. 28.4.12Conduct screening as a process for testing a large number of children with a relatively fast, easy, and inexpensive process and procedure (e.g. Child Find). Screenings are used to identify those individuals who may be in need of further in-depth assessment, which would determine whether a delay in development exists and whether that delay could require remediation or therapeutic intervention. 28.4.13Ensure special education, specially designed individualized instruction, provided at no cost to parents, which meets the child's unique educational needs. 28.4.14Establish a transdisciplinary team approach in which team members work across disciplinary boundaries to plan and provide integrated services. 28.4.15Utilize Teaching Strategies GOLD™ as the assessment system, which is observation-based for children from birth through kindergarten that blends ongoing, authentic assessment in all areas of development and learning with intentional, focused performance assessment tasks for selected predictors of school readiness in the areas of literacy and numeracy. Teaching Strategies Gold may be referred to as TSG or GOLD. 28.5 The Parties agree to the following responsibilities: 28.5.1 Collaborate with parent(s) to provide necessary services to foster the maximum development of each child's potential. 28.5.2 Hire and supervise staff according to each Parties’ program policies and procedures. 28.5.3 Provide orientation for staff regarding each Parties’ program regulations, requirements, goals, service delivery models, procedures, and interagency agreements. 28.5.4 Provide access to regular and ongoing training events that keep staff abreast of new materials, equipment, and practices related to serving all children, including children with disabilities. Each Party shall notify the other Party of pertinent training sessions to allow staff or parents (or both) to attend training when appropriate. 28.5.5 Coordinate Family Support staff to provide Family Support Services to enrolled families. 28.5.6 Support family-professional partnerships to establish effective services to all children by: 28.5.6.1 including parents in appropriate training and activities; IGA with Kyrene School District No. 28 Page 15 of 18 28.5.6.2 inviting parents to all meetings regarding their child's progress, and 28.5.6.3 explaining procedural safeguards to parents as appropriate. 28.5.7 Develop and implement a transition process to assure seamless delivery of services as a child transitions from Early Head Start to Head Start/Preschool and from Head Start/Preschool to kindergarten. 28.5.8 Jointly coordinate Child Find efforts to identify children who may have a disability. 28.5.9 Collaborate outreach activities to McKinney-Vento Act individuals for recruitment of Head Start eligible families. 28.5.10Communicate on a monthly basis to share concerns, new strategies, techniques which have proved successful, updates on new goals, and dates for upcoming IEP meetings. 28.5.11Work together on the review, coordination, collaboration, alignment, and implementation of each of the following activities as mandated by the Improving Head Start for School Readiness Act of 2007: 28.5.11.1 Educational activities, curricular objectives, and instruction, the Department and the District will: 28.5.11.1.1 adhere to and utilize the Arizona Early Learning Standards that are aligned with Head Start Early Learning Outcomes Framework. The Parties shall share ongoing assessment data in Teaching Strategies GOLD as appropriate. 28.5.11.1.2 collaborate in the development of school readiness goals and provide input and feedback on school readiness outcomes. 28.5.11.1.3 collaborate to ensure Family Style meals are provided in the classroom in accordance with the Performance Standards in 45 C.F.R. § 1302.31(e)(2). 28.5.11.1.4 collaborate to ensure water and sewer systems, which allow for tooth brushing activities, can be provided in the classroom in accordance with the Performance Standards 45 C.F.R. § 1302.43. 28.5.11.1.5 collaborate on basic janitorial needs to ensure health and safety of the children is maintained in conformance with the Performance Standards in 45 C.F.R. § 1302.47(b). 28.5.11.1.6 Inform Head Start classroom staff of disaster plans, emergency procedures, and safety advisories developed for the classroom site. 28.5.11.2 Public Information dissemination, the Parties shall: 28.5.11.2.1 share all information on enrollment guidelines. 28.5.11.2.2 enrollment information may be posted on the Parties’ websites as well as sites within the service areas. 28.5.11.2.3 Head Start Program contact information will be provided to families. IGA with Kyrene School District No. 28 Page 16 of 18 28.5.11.2.4 event activities will be shared for recruitment opportunities. 28.5.11.2.5 registration information for Kindergarten will be distributed by the Head Start Program. 28.5.11.3 Selection Priorities 28.5.11.3.1 Flyers and information regarding federal income guidelines for both programs and service area information will be available at recruitment events, program offices, and schools and sites within the service area. 28.5.11.3.2 Communication and collaboration with the District’s Homeless Liaison and Head Start staff will be ongoing and as needed for the purpose of providing services to the homeless community. 28.5.11.4 Service Areas 28.5.11.4.1 Service areas include the District’s boundaries and within the boundary constraints of the Head Start Program. 28.5.11.5 Staff Training 28.5.11.5.1 Each Party’s staff training will be made available to the other Party’s staff. The Parties shall communicate when Pre-Service, Mid- Service, and In-Service opportunities will occur, if the training is appropriate for teaching staff and family support staff and communicate how training applies to the curriculum and professional development of staff. 28.5.11.6 Technical Assistance 28.5.11.6.1 Each Party shall work together to provide technical assistance and training to the other Party as training is identified or required. 28.5.11.7 Additional Services for Working Parents 28.5.11.7.1 Coordinated training opportunities shall be offered to meet the needs of working parents and families. 28.5.11.8 Transition to Kindergarten 28.5.11.8.1 The Parties shall work together to establish a process for smooth transition from Head Start to Kindergarten that will support children and their families. Transition activities will include preschool and kindergarten teaching staff. Specific activities will be outlined by each classroom regarding the needs of the children and families. 28.5.12 Share GOLD™ data collection for children dually enrolled in the District’s Public Schools and the Head Start Program. The Head Start Program shall assume responsibility for maintaining a portfolio for students that are dually enrolled so that designated personnel identified by the District may have appropriate access to the reported information. The Head Start Program shall maintain the portfolio for students dually enrolled and appropriate District staff shall have access to the portfolio. IGA with Kyrene School District No. 28 Page 17 of 18 The District’s Responsibilities include: 28.5.13Locating and identifying preschool children with disabilities through a Child Find effort that includes a process for screening. 28.5.14Assuring that special education services to preschool children with disabilities are provided in accordance with the Individuals with Disabilities Education Act 2004 (IDEA). 28.5.15Submitting and maintaining Arizona Special Education census and attendance data on eligible preschool children with disabilities, including eligible children at all Head Start Program sites within the District’s boundaries, for funding entitlement and budget preparations. 28.5.16Providing written notice of evaluation and procedural safeguards to parents and obtaining their informed consent to provide special education, psychological, speech/language, occupational and physical therapy evaluations, and therapy services. 28.5.17Placing preschool children with disabilities in the LRE with an opportunity to interact with non-disabled peers and recognize Head Start as a viable placement option. 28.5.18Notifying, in writing, the County of scheduled evaluations, MET, and IEP meetings. 28.5.19Referring children to Head Start who pass Child Find screening, but who may be income eligible for regular Head Start services. 28.5.20Scheduling and coordinating IEP meetings with appropriate District staff, Head Start personnel, and parents. Upon completion of the IEP, providing a copy to parents and Head Start staff. 28.5.21Providing training to Head Start staff on District forms and procedures upon request. 28.5.22For eligible children at Head Start sites located on District campuses requiring personalized health care services, the school nurse shall review participant’ training and care plans and sign off on the plan. The nurse shall be available to answer questions and to provide services when agreed upon by both Parties. 28.6 The Head Start Program’s Responsibilities include: 28.6.1 Ensuring that 10% of enrollment slots are available to children with disabilities that meet federal poverty level eligibility guidelines, provided Head Start is an appropriate placement according to the child’s IEP. If the 10% enrollment requirement has not been met, then the Head Start Program shall extend enrollment opportunities to children up to 250% above the federal poverty level guidelines. 28.6.2 Collaborating with the District’s schools to make enrollment slots available prior to the beginning of the school year for children who will receive their disability services in the Head Start classrooms. 28.6.3 Screening all enrolled children for potential developmental concerns within 45 calendar days after enrollment. During the intake process, children with developmental concerns may be screened and referred to the District for evaluation. 28.6.4 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. IGA with Kyrene School District No. 28 Page 18 of 18 28.6.5 Ensuring that children with disabilities receive all the services to which they are entitled under the Head Start Program Performance Standards. 28.6.6 Providing the District with a referral packet containing copies of the Head Start developmental screening results, parental permission to refer, developmental history, and sensory screening results (hearing and vision), for all children with potential concerns. 28.6.7 Providing the District with a copy of the Head Start Program Calendar. 28.6.8 Notifying special education and related service personnel (including cafeteria) regarding any changes in classroom schedules (e.g., field trips). 28.6.9 Providing opportunities for children to practice and generalize within inclusive environments the skills developed through work with District special education personnel. 28.6.10 Providing the District with attendance reports, when requested, in order to submit and maintain Arizona Department of Education census and attendance data. 28.6.11 The Head Start Program shall finalize its information on each student dually enrolled and send a copy of each Individual Child Profile to the District. Copies can be sent via e-mail as PDF files, mailed, or hand- delivered. 28.6.12 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. 28.7 The County does not operate any community-based sites within District’s boundaries. 28.7.1 The County/Head Start Program shall notify the District if any community- based locations are established within the District’s boundaries and shall be processed through the Changes process identified in Paragraph 7.0. 29.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 29.1 The District warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not, use: 29.1.1 the forced labor of ethnic Uyghurs in the People’s Republic of China. 29.1.2 any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 29.1.3 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. 29.2 If the District becomes aware during the term of the Agreement that the District is not in compliance with this paragraph, the District shall notify the County within five (5) business days after becoming aware of the noncompliance. Failure of the District to provide a written certification that the District has remedied the noncompliance within one hundred eighty (180) days after notifying the County of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 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.