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MCESA minv Maricopa County Education Service Agency INTERGOVERNMENTAL AGREEMENT between MOBILE ELEMENTARY SCHOOL DISTRICT and MARICOPA COUNTY EDUCATION SERVICE AGENCY EFEMMEEEM 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 Mobile Elementary School District (hereafter referred to as the District). Maricopa County is authorized to enter into this 1GA 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 REIL-Extend Program. The REIL- 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 REIL- 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 reform (e.g.,H132823, 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 (TIP) 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. October 27, 2016 5.0 OVERVIEW 5.1 The TIF program 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 TIF 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 Mobile 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 REM-Extend. 6.0 COLLABORATIVE ALLIANCE MEMBER VISION OF REIL-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, REM-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 REM-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, October 27, 2016 7.2 Implement an LEA-wide teacher and principal performance-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 alliance partners, Mobile Elementary School District and MCESA will adopt the following commitments and responsibilities to ensure the accomplishment of the vision, mission, and goals for REIL-Ertand 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 REIL-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 (RDS5), 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: (I) 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 October 27, 2016 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 strategics 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, goats, 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 & communication 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 communications. 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 RE1L-TNG project. 10.0 DISTRICT COMMITMENTS AND RESPONSIBILITIES Realizing that continuous improvement requires commitment, Mobile 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 REM,- 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 performance-based evaluation system to inform educator workforce decision-making in the areas of recruitment, hiring/selection, placement, retention, dismissal, professional development, tenure, and promotion. October 27, 2016 103 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 extending 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 COMMITMENT 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 Leadership—Extend's vision, mission, goals, objectives, activities and October 27, 2016 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; 19.3 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: Marieopa County: Mobile Elementary Elementary Maricopa County Superintendent School District: Marieopa County ESA School District Superintendent 4041N.CentralAve,Suite1200 6000 S. r Street Phoenix, Arizona 85012 Phoenix, AZ 85042 602-506-3929 Phone: 602-243-4804 www.maricopa.govisehools October 27, 2016 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 organbation 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 INDEMNIFICATION 17.1 Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Inderrinitee") from and against any and an 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 Indernnitee, 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. 1.8.3 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 October 27, 2016 basis 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 (1-9), 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 USCISBOV. 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. October 27, 2016 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 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: Mobile Elementary School DISTRICT: 4aA-Ttp,e0?-2 Board of Supervisors, Chair Date Mr. Steve Watson, Superintendent Date Date: Ms. Kristine Morris, Chief Deputy Superintendent Dr. Lori Renfro, Wect Director Assistant Superintilndent October 27, 2016 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 Mari copa County Date: October 27. 2016