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MCESA Maricopa County Education Service Agency INTERGOVERNMENTAL AGREEMENT between MARICOPA COUNTY REGIONAL SCHOOL DISTRICT and MARICOPA COUNTY EDUCATION SERVICE AGENCY 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 Maricopa County Regional School District (hereafter referred to as the District). 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 REIL-Extend Program. The REM- - 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.,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 awardec, 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. 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, Maricopa County Regional School District and MCESA will adopt the following commitments and responsibilities to ensure the accomplishment of the vision, mission, and goals for REIL -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 REM-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: (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 10.3 Identify a set ofhigh-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 COMM1TTMENT: 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 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 he 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 "Indeinnitor") 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 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: MARICOPA COUNTY REGIONAL SCHOOL DISTRICT: Board of Supervisors, Chair /7- Date Date Attorney for School District Da Date: M. Kid-stifle -Morris, Chief Deputy Superintendent Date' c.frk Dr. Lori Renfro, Projka Director Assistant Superintendent October 27, 2016 /0.1 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 behalfof 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, ernployec 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 Agteement. . 20.2 The parties to this agreement acknowledge that they are aware that the Civil Services Division of the Maricopi County Attorney's Office (Civil Division) maybe 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 wrIENgss 'WliEREOF, the parties hereto have executed this Intergovernmental Agre6ment on the dates written below: FOR AND ON BEHALF OF FOR AND ON BEHALF OF: MARICOPA COUNTY: MARICOPA COUNTY REGIONAL SCHOOL . DISTRICT: Board of Supervisors, Chair Date Date ' orney fo0clio61 District" Date: I M. Kristine Morris, Chief Deputy Superintendent 01 )j; Date , cM Dr. Lori Renfro, Projka Director Assistant Superintendent October 27, 2016