VALENTINE ELEMENTARY IGA 10.23.17.PDF

MCESA
Maricopa County Education Service Agency
INTERGOVERNMENTAL AGREEMENT between
Valentine Elementary School District and
MARICOPA COUNTY EDUCATION SERVICE AGENCY
'40.5.,...,4344.0tSUriro,'Stal=41110.1r4NEVMVM 4AGnowtiErviniemmasevavt_. - -1..r.w,-
1.0 PARTIES
1.1 This Intergovernmental Agreement (IGA) is a binding agreement between Maricopa County,
acting by and through the Maricopa County Education Service Agency (hereafter referred to
as MCESA, and Valentine Elementary School District (hereafter referred to as the Dishict).
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
implementing the Rewarding Excellence in Instruction and Leadership Program — Extend
(Teacher Incentive Fund CFDA #84.374A, and 34 CFR 75.128 and CFR 75 129) from the
US Department of Education, hereafter referred to as REEL-Extend Program. The RELL-
Extend Program is designed to improve student academic growth, achievement, and success
by increasing the number of effective educators through the development and implementation
of a human capital management system that rewards high quality instruction and leadership.
The parties agree to cooperate and assist each other in meeting the REEL-Extend Program
goals because the program benefits the District's students, instruction, leadership, schools and
community and is consistent with Arizona statutory mandates on education refoini
(e.g.,HB2823, ARS 15-203, ARS 15-977).
3.0 TERM OF AGREEMENT:
3.1 This Agreement shall become effective from and after the date of its execution and expires
December 31, 2021.
4.0 The District, an eligible LEA alliance school district with high-need schools, Maricopa County
Education Service Agency, the lead awardee, hereafter referred to as MCESA, and in conjunction
with the United States Department of Education through the Teacher Incentive Fund (TIF) program
CFDA: 84-374A and 34 CFR 75.128 and CFR 75.129, hereafter referred to as USDOE, affirm the
commitments and responsibilities of the District and MCESA through this Intergovernmental
Agreement (IGA), beginning upon execution of this IGA through December 30, 2021, to ensure the
implementation and accomplishment of the vision, mission, goals, objectives, activities, and
program evaluation for Rewarding Excellence in Instruction and Leadership Extend.
August 7, 2017

5.0 OVERVIEW
5.1 The TlF prop-am is based on the premise, supported by 20 years of research, that effective
teachers are the most critical in-school factor in improving student outcomes, and principals
are also key in-school factors for improving student outcomes. However, a teacher shortage
is hitting. Arizona hard, with recent statistics indicating that up to 62 percent of public schools
were reporting unfilled teaching positions, according to an Arizona Department of Education
survey. To make matters worse, 23 percent of Arizona educators will be eligible to retire in
the next four years, according to the Arizona State Retirement System's October 2014 Fact
Sheet. Now, more than ever, we must be selective. If we are going to be short-staffed, it is
better to be staffed with the best and the brightest. Only those educators are equipped to make
up the difference (Public Impact, 2009).
Given the importance of ensuring that educators are as effective as possible, especially for
high-need students, the TIE program uses performance-based compensation and related
supports for educators to catalyze improvements in a district's human capital management
and in student outcomes. The evaluation systems that LEAs use to award performance-based
compensation to teachers and principals also provide key information that LEAs can use to
develop recruitment strategies for high-need schools, identify educators for advancement, and
tailor professional development for teachers and principals in a manner that can promote a
more effective workforce.
Implementation of REIL-Extend will pull together a partner alliance focused on promoting
equitable access to effective teachers for students from low-income families and minority
students across and within schools and districts and assist alliance LEAs in aligning their own
strategies for equitable access to excellent educators with Arizona's state equity plan
(Ensuring Equitable Access to Excellent Educators in Arizona).
The Valentine Elementary School District, in collaboration with other alliance school district
members and MCESA, shall mutually agree to the commitments and responsibilities that will
accomplish LEA-wide implementation of RE1L-Extend.
6.0 COLLABORATIVE ALLIANCE MEMBER VISION OF REFL-Extend
6.1 We believe all students can learn far more when they experience excellent instruction
consistently. We also believe excellent leadership is a critical working condition for effective
teachers. Therefore, over the next five years, REIL-Extend, guided by the clearly articulated
Theory of Change, will advance the vision of extending the reach of excellent educators in
high-need schools as a core initiative under LEA-wide Human Capital Management System
implementation with an Educator Evaluation and Support System at the center.
Implementation of REIL-Extend will support the alliance vision to remove students from the
shackles of poverty and close achievement gaps that will enable all alliance school district
member's students to realize a positive, productive, and economically secure life throughout
their adult years.
7.0 PRIORITY GOALS:
7.1 Implement an LEA-wide human capital management system with an embedded educator
evaluation and support systems at the center.
August 7, 2017

7.2 Implement an LEA-wide teacher and principal perfoiniance-based evaluation and support
system with significant focus on establishing the common vision of instructional
improvement, provision of qualified and certified evaluator training, implementation of
procedures to establish and monitor inter-rater agreement, and increasing student academic
progress and achievement.
7.3 Implement an LEA-wide strategic and sustainable performance- based compensation system
for attracting, retaining, and sustaining effective educators in high needs schools.
7.4 Redesign schools to accelerate access to effective educators by extending the reach of
excellent educators.
8.0 As affiance partners, Valentine Elementary School District and MCESA will adopt the
following commitments and responsibilities to ensure the accomplishment of the vision,
mission, and goals for R_EIL-Extend in accordance with the United States Office of Education
Teacher Incentive Fund CFDA 84.374A.
9.0 MCESA COMMITMENTS AND RESPONSIBILITIES
MCESA makes the following commitments and accepts the following responsibilities to the
LEA to ensure the accomplishment of the vision, mission and goals of KEIL-Extend.
9.1 Coordinate the implementation of the Opportunity Culture Initiative in identified
high-need schools, resulting in implementation of reach extensions.
9.2 Provide access to the REILize Decision Support System (RDSS), a resource for data
management and reporting including observation and assessment data capture tools;
rostering tools; professional development resources and tools, and human capital
management decision making reports.
9.3 Facilitate the LEA's use of its' refined human capital management system to use data
for: (1) implementing professional development programs aligned to the common
vision of instructional improvement articulated through the REIL (or LEA) Learning
and Leading Observation Instruments and the resulting educator goal plans; (2)
equitable distribution of educators/equitable access to effective educators; informing
recruitment, hiring, placement, retention, promotion and dismissal of educators.
9.4 Provide support for implementation of valid and reliable observation instruments for
all educator groups.
9.5 Implement assessment system for use in overall effective rating for all educator
groups.
9.6 Validate initial and continuous eligibility of high-need LEA schools.
9.7 Facilitate and implement new strategic and tactical plans of action for Human Capital
Management Systems that will attract, retain, motivate, and financially sustain
August 7, 2017

effective and highly effective educators in the LEA's highest needs schools through
alignment of governing board policies, administrative regulations, and state statutes.
9.8 Facilitate the refinement/development of a sustainable performance-based
compensation system that rewards educator effectiveness, increases retention rates,
pays educators more for extending their reach, and follows the principles of human
resource alignment.
9.9 Collaboratively develop and implement innovative strategies that build the capacity
of teachers, principals, and school leaders to increase student academic progress,
achievement, and success, enabling each student to successfully enter post-secondary
education and/or demonstrate career-readiness.
9.10 Communicate the vision, mission, goals, objectives, performance measures, and
critical work activities to appropriate stakeholders (e.g. teachers, school leaders,
principals, district office administrators, support personnel, governing school board
members, and the community) in alignment with the REIL stakeholder engagement
& communi cation plan.
9.11 Facilitate the development of the LEA-level stakeholder engagement & communication
plan in order to ensure ongoing strategic and tactical plans of action for comprehensive and
effective co=mications.
9.12 Provide human, technological, and fiscal resources aligned with the approved grant
application to ensure that the LEA will accomplish the vision, mission, goals,
objectives, critical work activities and evaluation of the program.
9.13 As lead applicant, retain sole responsibility for the management of grant funds and
for ensuring the overall implementation of the REIL-TNG project.
10.0 DISTRICT COMMITMENTS AND RESPONSIBILITIES
Realizing that continuous improvement requires commitment, Valentine Elementary School District
commits, with due diligence, to the following, in support of the program goals, objectives,
performance measures, activities and program evaluation for successful implementation of REIL-
Extend:
10.1 Implement and support the implementation of MCESA's commitments to the LEA as
numerated in items 9.1 through 9.13 above.
10.2 Implement an LEA-wide Human Capital Management System that utilizes data
from the perfollnance-based evaluation system to inform educator workforce
decision-making in the areas of recruitment, hiring/selection, placement, retention,
dismissal, professional development, tenure, and promotion.
August 7, 2017

10.3 Identify a set of high-need schools to participate in the Opportunity Culture
Initiative, including a planning/design period and selection of reach extension
models that increase access to highly effective educators.
10.4 Adhere to the guiding principles for each core components of REIL-Extend.
10.5 Utilize a data management system to support the LEA-wide human capital
management system by managing the import and entry of data to the REILize
Decision Support System (RDSS); managing the quality, fidelity, and timelines of
data entered into RDSS.
10.6 Conduct necessary and appropriate observations using the appropriate Learning,
Coaching, and/or Leading Observation Instruments.
10.7 Collaborate on the development of observation instrument(s) to support
implementation of reach extension models.
10.8 Adopt and implement a sustainable performance-based compensation system that
rewards educator effectiveness, increases retention rates, pays educators more for
ex/ending their reach, and follows the principles of human resource alignment.
10.9 Participate in the collaborative development and implementation of innovative
strategies that build the capacity of teachers, principals, and school leaders to
increase student academic progress, achievement, and success.
10.10 Effectively communicate the components of the program to teachers, school
leaders, principals, district office administrators, other school personnel, and the
community.
10.11 Ensure involvement and support of the vision, mission, goals, objectives, activities
and program evaluation, where appropriate, from teachers, school leaders,
principals, other certified personnel and community.
10.12 Utilize a system for monitoring inter-rater agreement and certification for all
evaluators of teachers and principals.
10.13 Provide sufficient time for on-going, job-embedded professional learning
opportunities for superintendent, central office staff, teachers, and principals.
10.14 Signs/extends appropriate data sharing and data steward agreements.
11.0 MUTUAL COMMITTMENT:
11.1 Separate from all responsibilities included herein; Maricopa County Education Service
Agency and the District mutually commit, with due diligence, to support each other to
ensure the successful implementation and accomplishment of Rewarding Excellence in
Instruction and Leaderslzip—Extend's vision, mission, goals, objectives, activities and
August 7, 2017

evaluations, including the signing of a data sharing agreement and a data steward
agreement that will allow access to the use of data sets for use in implementation of
REIL-EXTEND only as permitted by the data sharing agreement and data steward
agreement or as required by law.
12.0 TERMINATION
12.1 This Intergovernmental Agreement is subject to cancellation in accordance with the provisions
of A.R.S. § 38-511.
12.2 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.
12.3 Either party may terminate this Intergovernmental Agreement any time upon delivering a
written notice of termination to the other party two (2) months in advance of the requested
date of termination. Such notice shall be given by personal delivery or by registered or
certified mail.
12.4 This Intergovernmental Agreement may be terminated by mutual written agreement of the
parties specifying the termination date therein.
13.0 PAYMENTS
13.1 The District shall invoice Maricopa County Education Service Agency for reimbursement of
the applicable and agreed to costs. Maricopa County will pay within thirty (30) days of
receiving the invoice for costs subject to review.
14.0 AMENDMENTS:
14.1 Any changes to this Intergovernmental Agreement shall be carried out in accordance with the
following:
14.2 A written amendment, signed by both parties, to this agreement shall be required for every
standard purpose listed below and all other purposes;
14.3 For any other changes in terms and conditions of this agreement which the parties deem
substantial.
15.0 NOTICES:
15.1 Communication and details concerning this Intergovernmental Agreement shall be directed
to the following contract representatives:
Maricopa County: Valentine Elementary School District
#22:
Maricopa County Superintendent
Maricopa County ESA School District Superintendent
4041N. CentralAve,Suite1200 12491 N Byers St.
Phoenix, Arizona 85012 Truxton, AZ, 86434
602-506-3929 Phone: 918-716-6175
www.maricopa.gov/schools
August 7, 2017

16.0 EMPLOYMENT DISCLAIMER
16.1 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.
16.2 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).
17.0 GENERAL INDE1VINEFICATION
17.1 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.
18.0 COMPLIANCE WITH APPLICABLE LAWS
18.1 This Agreement will be governed by and construed in accordance with the laws of the State
of Arizona. Any dispute arising out of or relating to this Agreement shall be brought only
in courts located in the Maricopa County, Arizona
18.2 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:
18.2 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.
18.3 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
August 7, 2017

of physical or mental disabilities in the provision of contract programs, services, and
activities.
18.4 In accordance with A.R.S. §§ 35-391.06 and 35-393.06, the parties shall not have scrutinized
business operations in Sudan or Iran.
19.0 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES
23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS
19.1 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. 1-9 forms are available for download at USCIS.GOV .
19.2 The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements)
and further acknowledges:
19.3 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;
19.4 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;
19.5 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.
19.6 E-Verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401,
MCESA warrants compliance with all federal immigration laws and regulations that relate
to its employees and their compliance with the E-verify requirements under ARIZ. REV.
STAT. § 23-214(A). MCESA's and its subcontractor's breach of the above-mentioned
warranty shall be deemed a material breach of the Agreement and may result in the
termination of the Agreement by the District. The District retains the legal right to randomly
inspect the papers and records of MCESA and its subcontractors who work on the
Agreement to ensure that MCESA and its subcontractors are complying with the above-
mentioned warranty.
20.0 Conflict of Interest.
August 7, 2017

20.1 This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. District may
cancel this Agreement without penalty or further obligations by the District or any of its
departments or agencies if any person significantly involved in initiating, negotiating,
securing, drafting or creating this Agreement on behalf of the District or any of its departments
or agencies is, at any time while the Agreement or any extension of the Agreement is in effect,
an employee or agent of any other party to the Agreement in any capacity or a consultant to
any other party of the Agreement with respect to the subject matter of the Agreement.
20.2 The parties to this agreement acknowledge that they are aware that the Civil Services Division
of the Maricopa County Attorney's Office (Civil Division) may be chose as the attorney for
other parties to this agreement, and the signing party acknowledges that it is aware of a
potential conflict of interest, and it waives any claim of conflict of interest, which may arise
by virtue of Civil Division's representation of other parties to this agreement.
IN WITNESS WIIEREOF, 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: VALENTINE ELEMENTARY SCHOOL
DISTRICT:
I (---77"-- 1-44, (-z
Board of Supervisors, Chair
(14.
Date Date
L— 2roverrongsm.c444
"
Steve /1/ atson, Superintendent
cji
Date: 2-1114-
Date
Dr. Dr. Lori Renfro, Projett Director
AsSista.nt Superintendent
9 1 2-1 /
Date
Pursuant to A.R.S. § 11-952, legal counsel has determined
that this Intergovernmental Agreement is within the powers
and authority granted under the laws of the State of
Arizona.
Attorney for Maricopa County
Date:
August 7,2017