IGA - MCESA - DISTRICTS - VISIONS - FINAL - NADABURG V 2.PDF

INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN MARICOPA COUNTY ON
BEHALF OF THE MARICOPA COUNTY EDUCATION SERVICE AGENCY
AND NADABURG UNIFIED SCHOOL DISTRICT
1.0 PARTIES
1.1 This Intergovernmental Agreement (IGA) provides a binding agreement between
the Maricopa County Education Service Agency (hereafter referred to as MCESA)
and Nadaburg Unified School District (hereafter referred to as the District) for the
Management and Support of the School District Financial System (hereafter
referred to as the Financial System). Maricopa County is authorized to enter into
this IGA under A.R.S. § 11-952 for the purposes of exercising joint powers or
contracting for services. The District is authorized to enter into this IGA under
A.R.S. § 15-342(13).
2.0 PURPOSE
2.1 This Agreement outlines the responsibilities of each of the parties to manage the
Financial System of record as part of the MCESA Financial System Support
Consortium. The Parties agree to cooperate and assist each other in meeting the
mutual obligations and duties of each office because it is good public policy and
benefits the citizens of Maricopa County.
3.0 DEFINITIONS
3.1 MCESA Financial System Support Consortium – is defined as districts who have
entered into an agreement with MCESA to host their Financial System as detailed
in this document.
3.2 The System is defined as the hardware, software and associated technical support
that function as the financial system of record for School Districts participating in
the Financial System Support Consortium.
4.0 TERM OF AGREEMENT:
4.1 This Agreement shall become effective from and after the date of its execution and
expires on June 30, 2019.
5.0 RESPONSIBILITIES OF PARTIES
5.1 MCESA Responsibilities:
5.1.1 Ensure that the system is kept current on software updates.
5.1.1.1 Not all released updates apply to or affect MCESA hosted
districts, some minor releases may be skipped or delayed.
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5.1.2 Ensure that the System is current with supported 3rd party products that the
financial system requires.
5.1.3 Maintains the System hardware in good working order and provides
sufficient disk space to allow ready access to at least 7 years of historical
District data.
5.1.4 Conduct scheduled software updates outside of normal business hours.
Providing District a minimum 48 hour advance notice, via email or other
notification, of scheduled outage.
5.1.5 Backup all district data nightly to disk and keep data for a period of at least
15 days before overwriting or deleting. Store monthly backup files for a
period of 12 months. Store yearly backups to accommodate any applicable
Public Records Retention Schedules. Provisional databases are not
backed up due to their temporary nature.
5.1.6 Provide MCESA key application support personnel with unrestricted access
to District data for the purpose of resolving technical issues in the course of
providing support.
5.1.7 Inform District when any action taken by MCESA results in the modification
of District data.
5.1.8 Protect District data against unauthorized access, following best practices
of data security.
5.1.9 Allow the contracted software vendor access to requested data for the
purpose of resolving technical issues in the course of providing support.
5.1.10 Maintain System’s Active Directory and security.
5.1.11 Provide the District with necessary instructions, documentation and
licenses to ensure that the District users can connect to The System.
5.2 The School District Responsibilities:
5.2.1 Provide MCESA with proper authorization for all user account updates for
access to The System.
5.2.2 Inform MCESA of changes related to the termination of key personnel with
access to The System in a timely manner.
5.2.3 Maintain and manage Users and User Roles in the financial system as
applicable.
5.2.4 Maintain and manage all local security in the financial system as
applicable.
5.2.5 Maintaining accuracy and integrity of all data within their Districts
databases.
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5.2.6 Comply with all requests from MCESA made in good faith, related to
processes or procedures to ensure data integrity and smooth operations.
5.2.7 Provide Internet connectivity and compatible equipment for all District
users of The System.
5.2.8 Notify MCESA as soon as possible about any conflicts that might arise
due to scheduled system updates and discuss possible rescheduling.
6.0 TERMINATION
6.1 This IGA is subject to cancellation in accordance with the provisions of A.R.S. §
38-511.
6.2 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.
6.3 Either party may terminate this IGA 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.
6.4 This IGA may be terminated by mutual written agreement of the parties specifying
the termination date therein.
6.5 Noncompliance or breach by the District may also result in cancellation of the
agreement by MCESA when statutory duties cannot be satisfactorily performed as
required by set by law. Monetary losses incurred by MCESA or vendors due to a
breach or noncompliance by the District will be borne by the District.
7.0 FUNDING
7.1 MCESA shall invoice and receive reimbursement from the District for the following
costs calculated from a combination of the user count, ADM and support staff
throughout the consortium.
7.1.1 The cost to publish the System to be accessed over the Internet.
7.1.2 The cost for connectivity to District data for the purposes of support and
maintenance.
7.2 The cost for remote support Districts shall obtain and fund their connection to the
Internet.
8.0 AMENDMENTS:
8.1 Any changes to this agreement shall be carried out in accordance with the
following:
8.1.1 A written amendment, signed by both parties, to this agreement shall be
required for every standard purpose listed below and all other purposes;
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8.1.2 For any other changes in terms and conditions of this agreement which the
parties deem substantial.
9.0 CONFLICT WAIVER
9.1 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
chosen 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.
10.0 NOTICES:
10.1 Communication and details concerning this IGA shall be directed to the following
contract representatives:
Maricopa County Education Service Agency: School District:
Marc Kuffner, Assistant Superintendent Kerre Laabs, Director of Business Services
Economic Management & Innovation Nadaburg Unified School District #81
4041 N. Central Ave, Suite 1200 32919 Center Street
Phoenix, Arizona 85012 Wittman, Arizona 85361
marc.kuffner@mcesa.maricopa.gov klaabs@nadaburgsd.org
(602) 506-2068 - Office (623) 388-2321 ext. 2350
11.0 EMPLOYMENT DISCLAIMER
11.1 This 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 To the extent permitted by law each party (as “Indemnitor”) agrees to indemnify,
defend, and hold harmless the other party (as “Indemnitee”) from and against any
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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 MISCELLANEOUS
14.1 The District shall establish and maintain a budget for the expenditure of funds
under this IGA.
14.2 To the extent that a disposition of property is necessary upon termination, property
shall be returned to its original owner.
14.3 An employee of one party shall be deemed to be an “employee” of both public
agencies while performing pursuant to this IGA solely for purposes of A.R.S. § 23-
1022 and the Arizona Workers’ Compensation laws. The primary employer shall
be solely liable for any workers’ compensation benefits, which may accrue. Each
party shall post a notice pursuant to the provisions of A.R.S. § 23-1022 in
substantially the following form:
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“All employees are hereby further 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
worker’s compensation.”
14.4 To the extent applicable under A.R.S. § 41-4401, both parties warrant compliance
with all federal immigration laws and regulations that relate to their employees and
compliance with the E-verify requirements under A.R.S. § 23-214(A). A party’s or
its subcontractors’ breach of the above-mentioned warranty shall be deemed a
material breach of this IGA and may result in the termination of this IGA by the
non-breaching party. Both parties retain the legal right to randomly inspect the
papers and records of the other party or its subcontractor employee who work on
this IGA to ensure that the party and its subcontractors are complying with the
above-mentioned warranty.
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FOR AND ON BEHALF OF MARICOPA FOR AND ON BEHALF OF SCHOOL DISTRICT:
COUNTY SCHOOL SUPERINTENDENT:
_________________________________ _________________________________
_________________________________ _________________________________
Date Date
FOR AND ON BEHALF OF MARICOPA
COUNTY:
______________________________
Andy Kunasek, Chairman
Board of Supervisor
______________________________
Date
Attested to:
______________________________
Fran McCarroll, Clerk of the Board
Pursuant to A.R.S. § 11-952, the Maricopa County Attorney’s Office has determined that this
Intergovernmental Agreement is within the powers and authority granted under the laws of the State
of Arizona.
______________________________ __________________________________
Deputy County Attorney for Attorney for School District
Maricopa County School Superintendent
______________________________ _________________________________
Date Date
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