IGA TECHNOLOGY SUPPORT MCRSD 8.17.18.PDF
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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