IGA TECHNOLOGY SUPPORT MCRSD 8.17.18.PDF

Maricopa County — Formal (2018-08-29)

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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY BY AND THROUGH
THE MARICOPA COUNTY SCHOOL SUPERINTENDENT, AND MARICOPA COUNTY
REGIONAL SCHOOL DISTRICT
1.0 PARTIES
1.1 This Intergovernmental Agreement (IGA) is a binding agreement between Maricopa County,
acting by and through the Maricopa County School Superintendent (hereafter referred to as
MCSS), and Maricopa County Regional School District (hereafter referred to as MCRSD).
Maricopa County is authorized to enter into this IGA under A.R.S. § 11-952.
2.0 PURPOSE
2.1 This Intergovernmental agreement outlines the responsibilities of each of the parties with regard
to support MCRSD’s Technology needs.
3.0 TERM OF AGREEMENT:
3.1 This Agreement shall become effective upon execution of the last signer. The IGA renews
automatically on July 1st of the ensuing year and expires June 30, 2023.
4.0 RESPONSIBILITIES OF MARICOPA COUNTY SERVICE AGENCY:
Maricopa County School Superintendent will provide the following:
4.1 One (1) PC/Lan Technician Sr. to support MCRSD’s technology needs dedicated to MCRSD for
technology support systems.
4.2 One (1) PC/Lan Technician to support MCRSD’s technology needs dedicated to MCRSD for
technology support systems.
4.3 Technology Leadership for strategic and tactical planning.
4.3.1 Researches and analyzes future technology trends, blending them with current IS capabilities
and information needs, to provide the foundation for the development of strategic directions
for MCRSD.
4.3.2 Participates with senior management to research and prioritize specific business issues or
new technologies and incorporate them with the strategic technology plan.
4.3.3 Develops IS strategies on key technologies and makes recommendations to MCRSD’s
management regarding the adoption of a technology framework and plan.
4.3.4 Identifies opportunities to re-engineer business practices to maximize the benefits of the IS
plan.
4.3.5 Acts as liaison with vendors capable of supplying the technical infrastructure to meet the
business solutions, including development of requests for information on emerging
technologies.

4.3.6 Serves as a key resource to MCRSD for information technology planning providing
consultation and connections when deploying complex technologies. Functions as technical
advisor on critical projects.
4.4 Provide technical support to personnel, including Active Directory accounts, email, desktops,
laptops, tablets, printers, and servers within the Maricopa County Regional School District. Provide
instructional and operational software patches, upgrades, and other software installations as
determined.
4.5 Ensure MCSS staff meets MCRSD security clearance requirements.
5.0 RESPONSIBILITIES OF MARICOPA COUNTY REGIONAL SCHOOL DISTRICT:
Maricopa County Regional School District agrees to:
5.1 Participate in strategic planning discussions, attend meetings, discuss successes, improvements and
overall strategic direction of MCRSD.
5.2 Participate in identification of areas of synergy between MCRSD and MCSS that will reduce cost,
and increase efficiencies while providing a better end-user experience both internally and
externally.
5.3 Provide appropriate access (passwords, security access, badge access) to designated MCSS
personnel technical support to personnel, email accounts and servers, proxy servers, and files serves
within the Maricopa County Regional School District. Provide access to all instructional and
operational software patches, upgrades, etc.
6.0 EMPLOYMENT
6.1 The employees shall be a MCSS employee, and MCSS will be responsible for payment of the
employee’s salary and benefits.
6.2 For purposes of A.R.S. 23-1022 only, the employees shall be deemed to be an employee of both MCSS
and MCRSD, although MCSS shall be solely responsible for the payment of worker’s compensation
benefits. Both MCSS and MCRSD shall post a notice pursuant to A.R.S. 23-906, in substantially the
following form:
All employees are hereby notified that they may be required to work under the jurisdiction or control
or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental
agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be
employees of both public agencies for the purposes of workers’ compensation.
7.0 TERMINATION
7.1 This Intergovernmental Agreement is subject to cancellation in accordance with the provisions of
A.R.S. § 38-511.
7.2 In the event conflict arises, the Parties agree to make every effort to reconcile conflicts and make
reasonable provisions to ensure neither party will suffer as a consequence of conflict.

7.3 Either party may terminate this Intergovernmental Agreement any time upon delivering a written
notice of termination to the other party three months (3) in advance of the requested date of
termination. Such notice shall be given by personal delivery or by Registered or Certified mail.
7.4 This Intergovernmental Agreement may be terminated by mutual written agreement of the parties
specifying the termination date therein.
8.0 PAYMENTS
8.1 The Maricopa County School Superintendent will invoice MCRSD for the actual costs associated
for the two (2) full time employees, quarterly. The District agrees to pay within thirty (30) days of
receiving the invoice for costs subject to this agreement.
9.0 AMENDMENTS:
9.1 Any changes to this Intergovernmental Agreement shall be carried out in accordance with the
following:
9.2 A written amendment, signed by both parties, to this agreement shall be required for every
standard purpose listed below and all other purposes;
9.3 For any other changes in terms and conditions of this agreement which the parties deem
substantial.
10.0 NOTICES:
Communication and details concerning this Intergovernmental Agreement shall be directed to the
following contract representatives:
Maricopa County: Maricopa County Regional School District
Maricopa County School Superintendent’s Office School District Superintendent
Mr. Marc Kuffner Mr. Steve Watson
4041 N. Central Ave., Suite 1200 3409 W. Whitton Ave
Phoenix, Arizona 85012 Phoenix, Arizona 85339
602-506-3866 602-452-4700
11.0 EMPLOYMENT DISCLAIMER
11.1 This Intergovernmental 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.
11.2 The Parties agree that there will be no discrimination as to race, sex, religion, color, age, creed, or
national origin in regard to obligations, work, and services performed under the terms of any
contract ensuing from this engagement. The Parties will comply with Executive Order No. 11246,
entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as
supplemented by the Department of Labor Regulations (41 CFR, Part 60).

12.0 GENERAL INDEMNIFICATION
12.1 Each party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other party (as
“Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorneys’ fees) (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/derivative 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.
13.0 COMPLIANCE WITH APPLICABLE LAWS
13.1 Each party 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 herein. Specifically, the following apply:
13.2 Unless exempt under Federal law, both parties 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, which mandates that all persons, regardless
of race, color, religion, sex, age, national origin, or political affiliation, shall have equal access to
employment opportunities. Both parties 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. Both parties shall comply with the requirements of the Fair Labor
Standards Act of 1938, as amended.
13.3 Both parties shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the denial
of benefits of, or participation in, contract services on the basis of race, color, or national origin.
Both parties 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 contract
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
contract programs, services, and activities.
14.0 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §23-
214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS
By entering into this Intergovernmental Agreement, the Contractor represents and warrants compliance with
the Immigration and Nationality Act (8 U.S.C. §§ 1101, et seq.) (INA) and all other federal and State
immigration laws and regulations related to the immigration status of its employees. The Contractor shall
obtain statements from its Subcontractors certifying compliance and shall furnish the statements to the
Department upon request. These representations and warranties shall remain in effect throughout the term
of this Agreement. The Contractor and its Subcontractors shall also maintain Employment Eligibility
Verification forms (I-9), as required by the U.S. Department of Labor’s Immigration Reform and Control
Act of 1986 (Pub. L. No. 99-603), for all employees performing work under the Contract. I-9 forms are
available for download at USCIS.GOV.

The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further
acknowledges:
14.1 That the Contractor and its Subcontractors, 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;and shall keep a record of the verification for the duration of the employee’s employment or
at least three years, whichever is longer;
14.2 That a breach of a warranty under subsection 12.1 above, shall be deemed a material breach of this
Agreement and the County may immediately terminate this Agreement without liability;
14.3 That the County and any contracting government entity retains the legal right to inspect the papers
and employment records of any Contractor or Subcontractor employee who works on this
Agreement to ensure that the Contractor or Subcontractor is complying with the warranty provided
under subsection 12.1 above and that the Contractor agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to facilitate such an
inspection.

IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the dates
written below:
FOR AND ON BEHALF OF: FOR AND ON BEHALF OF:
MARICOPA COUNTY: Maricopa County Regional School District:
_________________________________ _________________________________
_________________________________ _________________________________
Date Date
Legal counsel has determined this agreement is in
proper form and within the powers and authority
granted under the laws of Arizona to the Parties.
______________________________ __________________________________
Attorney for Maricopa County Attorney for School District
Attested to:
______________________________
Fran McCarroll, Clerk of the Board