FOUNTAIN HILLS USD TYLER TECHNOLOGIES IGA.PDF

Maricopa County — Formal (2025-01-10)

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WIWIP WRIGHT WELKER & PAUOLE
ATTORNEYS AT LAW | PLC

10429 SOUTH 51% STREET, SUITE 285
PHOENIX, ARIZONA 85044
(480) 961-0040
FAX (480) 961-0818

Writer’s Direct Line
(480 477-8590
dpauole@wwpfirm.com

December 6, 2024

Chris Hartmann
Fountain Hills Unified School District #98
16000 E. Palisades Boulevard
Fountain Hills, AZ 85268
Re: IGA re Maricopa County

Dear Chris:

Enclosed is the executed Intergovernmental Agreement between Maricopa County
on behalf of the Maricopa County Superintendent’s Office and Fountain Hills Unified
School District for Educational Enterprise Resource Planning.

Feel free to call me if you have any questions or concerns.

Very truly yours,

WRIGHT WELKER & PAUOLE PLC

What

David K. Pauole

DKP:cmo

Enclosure
6929-

FOUNTAIN HILLS

UNIFIED SCHOOL DISTRICT

MINUTES OF THE GOVERNING BOARD
FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98

“We Achieve and Celebrate Educational Excellence”

November 6, 2024
Business Meeting
6:00 p.m.

Iv.

Call to Order
Time: 6:00 p.m.

Board members present are Jill Reed, President, Madicyn Reid, Member, Lillian Acker,
Member and Rich Rutkowski, Member.

Pledge of Allegiance
Mrs. Reed called on Mr. Peter McGloin to lead the audience in the Pledge of Allegiance.
Approval of Agenda

Motion: Lillian Acker
Second: Dr. Rich Rutkowski
The board approved 4-0

Approval of Minutes for October 23, 2024 Board Meeting
a. Ms. Reid abstained for the personnel action and it reflects a no vote on the
minutes.

Mrs. Reed motions to table the minutes until Mrs. Andreae can confirm that Ms. Reid
abstained and correct the minutes to reflect that.

Second: Madicyn Reid

The board approved 4-0

Informational Reports

a. Summary of Current Events
© Superintendent
® Our letter grades came out for the state and the district earned an
A letter grade. Fountain Hills High school also earned an A

letter grade for the fifth time out of six cycles, with huge growth
in career and college readiness. Fountain Hills Middle School
had massive growth with 20 points and also eamed an A letter
grade. McDowell Mountain earned their first letter grade as a K-
5 school and earned a B, with being a few points away from an
A.

We had some great events this week at our schools. Little
Falcons Preschool! had their fall program and McDowell
Mountain had their costume walk. The Coalition hosted Red
Ribbon week with lots of great activities for our students.

The high school hosted the Sister Cities Club from Poland with
twelve students and three teachers. They toured the sites,
including the planetarium and playground at MMES. Dr.
Jagodzinski shared he is hosting two students at his home.

o Governing Board Members

Dr. Rutkowski shared that he helped out with the middle school
BBQ lunch. He also hosted Tar Wars with the fifth graders to
teach them the dangers of tobacco use.

Ms. Reid had shared that she and her kids helped out at the PBIS
store which is always a great time. She won't be there this week
or next and shared if anyone wanted to fill in for her it is really
fun. She also went to the Boo fest and saw some of our teachers
there and she loves seeing our teacher out in the community. She
also attended the coffee with Cain online. She loved that we
have a parent university and asked if we provide resources. She
also loved the talk about naptime in kindergarten and the
advanced math at the elementary school. She loved the program
for our high school students to connect with local businesses and
looks forward to more discussion on that. She loved Red Ribbon
Week and that the Coalition is working with Debbie Romano
and Healthy Heartbeats.

Mrs. Reed shared that she congratulates all three schools and the
staff that worked so hard to get the letter grades because the last
couple of years have been really tough and she knows our staff
has put in a considerable amount of time and effort and
professional development to earn those grades. It is well
deserved. She also thanked Ms. Reichler for inviting parents
back into the elementary school so much. She shared that it will
make a big difference on support and involvement in their kids
education.

Mrs. Acker shared that she attended just about all the coffees
and appreciates getting all the information from the principals.
She concurs that the discussion from Coffee with Cain was
really good and having a group of parents and community
members to give their feedback is perfect. She attended the Tar
Wars that Dr. Rutkowski did and he did a fabulous job. She also
served lunch at the middle school and high school BBQ and she
shared that the students really appreciated it. She also shared
that she attended the leadership presentation that the fifth
graders put on and it was really terrific. She also attended the
Little Falcons program and it was fantastic. She then followed

them to Fountain View Village to trick or treat with the
residents. She also went to the costume walk at the elementary
school and it was so great to see so many parents out there
watching everything.

b. Reports
o STUGO
® No representatives of STUGO were present.
o Sister Cities Club Visiting Students

= The Jagodzinski family presented on their incredible experience
hosting two students from Poland.

® Olivia, a student from Zamosc, Poland also presented on her
experience.

o Site Council Minutes

= Mrs. Reed asked each site to please proof read their minutes for
misspellings and grammar before submitting them for the board
packet.

o Current Enrollment
e Total enrollment through October 30, 2024 is 1103
o Student Activity and Auxiliary

e Mr. Rudolphy presented the board with an updated report for the
elementary school that corrected a minor reporting error.

e Mrs. Reed asked about negative numbers for the middle and
high school. Mr. Rudolphy shared funds were expended bringing
them to a negative balance and he will work to transfer money to
bring those funds positive. He shared those will be reflected on
the November reports.

® Mrs. Reed also asked about the negative numbers on this report.
Mr. Rudolphy shared that some of the budget funding needs to
be moved around and that Impact Aid will be adjusted when the
deposits from the government are received.

= Mrs. Acker asked about the food account. Mr. Rudolphy shared
that for the food account, the money is expended and then
reimbursed.

VI. Public Comments
a. None
VIL Action Items

a. Personnel Action Report
o Ms. Reid asked if the Family Engagement Coordinator positions are
new. Dr. Jagodzinski shared that they are new and they are grant funded.
The goal in having these positions is to have at each site, one family
event each month and multiple daytime events for the students, such as
the three on three-basketball game and the grilling with Dr. J that
Sodexo put on.

Motion: Madicyn Reid
Second: Lillian Acker

The board approved 4-0

b. Payroll Vouchers

o October 1, 2024 through October 31, 2024

Motion: Lillian Acker
Second: Rich Rutkowski
The board approved 4-0

c. Accounts Payable Vouchers

°
2]

September 26, 2024 through October 24, 2024

Dr. Rutkowski asked about Howies Hockey and Richard Dobson. Mrs.
Reed shared that Howies Hockey was for athletic tapes and wrap. Dr.
Jagodzinski shared that Mr. Dobson, former director of facilities for our
district, was hired as a consultant to work on the roof repairs and school
facility board.

Dr. Rutkowski also asked about an expense for Chapman Ford. Dr.
Jagodzinski shared that was likely for a repair or parts for a district
vehicle.

Dr. Rutkowski asked about Michelle Wilcox. Mrs. Reed shared that is
for IEP writing and is a SPED cost.

Ms. Reid asked about a large BelAire expense. Mrs. Reed shared that it
is three invoices for drinking fountain repair, August maintenance and
roof repair. She shared the maintenance could be handled if we had a
maintenance agreement for the elementary school, but currently we only
have one for the high school and middle school campus.

Ms. Reid also asked about the 2Teach Global expense. Mrs. Reed shared
that it is for professional development for co-teaching.

Mrs. Reed would like clarification for Blue Sky Pest Control. She also
shared that a large Amazon expense was for 21 different order, mostly
consisting of automobile parts.

Motion: Dr. Rich Rutkowski
Second: Lillian Acker
The board approved 3-] with Madicyn Reid being a Nay.

d. Donations

fe)

oo000000 0000

Visus Engineering Construction $250 MMES
Visus Engineering Construction $250 MMES
Kathleen Loura $500 FHMS
Rich & Paula Leonard $200 FHMS
Fountain Hills Gives $750 FHMS
FH Youth Substance Coalition $200 FHMS
Cindy Miller $500 FHMS
Rita Miller $400 FHMS
Capella Eyecare $120 FHMS
Anonymous - Volleyball Overage $20 FHHS
Anonymous - Football Overage $55 FHHS
Anonymous - Football Overage $10 FHHS
Andrew DeLaurentis $13300 FHHS

Motion: Jill Reed
Second: Lillian Acker
The board approved 4-0

Poliey Advisories 801-807

Policy Advisory No. 801 Policy BAA - Evaluation of School
Board/Board Self-Evaluation
The language noting an annual meeting by October 30 for the purpose of
a board self- evaluation was removed as it is not statutorily required.
Language allowing for board discretion was included instead.
Policy Advisory No. 802 Policy DJE - Bidding/ Purchasing Procedures
Regulation DJE-R - Bidding/ Purchasing Procedures
Language was added to ensure Districts are purposefully documenting
evidence for their verification process.
Policy Advisory No. 803 Policy GCFC - Professional Staff Certification
and Credentialing Requirements
Exhibit GCFC-E - Professional Staff
Certification and Credentialing Requirements
The Policy and Exhibit were updated to include statutory language in
ARS. 15-509.
Policy Advisory No. 804 Policy GDFA - Support Staff Qualifications
and Requirements
Exhibit GDFA-E - Support Staff Qualifications
and Requirements
The Policy and Exhibit were updated to include statutory language in
A.R.S. 15-509.
Policy Advisory No. 805 Policy IGA - Curriculum Development
Language requiring certified personnel to serve on curriculum
committees was removed due to a lack of statutory basis.
Policy Advisory No. 806 Policy IMG - Animals in Schools
Regulation IMG-R - Animals in Schools
Language was updated and clarified based on the Americans with
Disabilities Act (ADA), § A.R.S. 11-1024, and A.A.C. R13-13-104.
Policy Advisory No. 807 Regulation JLCD-R - Medicines/Administering
Medicines to Students
The Arizona State Board of Education updated R7-2-811 on Seizure
Management Training. This Rule clarifies the application of 8B1654
regarding implementation of correct timelines for school compliance,
required maintenance of proof of completed training, and appropriate
publication of applicable resources.
Dr. Rutkowksi shared that on page 116 of the packet that paragraph two,
the highlighted section needs “or nurse practitioner” removed and on
page 120 of the packet, subsection A “ registered nurse practitioner”
should be removed.

Jill Reed motions (o approve with the removal of nurse practioner and registered nurse
practitioner from JLCD and JLCD-R.

Second: Madicyn Reid

The board approved 4-0

f. ASBA Bylaw Change Proposal Consideration

© The following is the bylaw proposal to be considered and acted upon:
The ASBA Govermance Committee, with unanimous approval from the
ASBA Board of Directors, has proposed changes to the bylaws to
enhance governance practices within our association. These updates are
designed to improve transparency, accountability, and member
engagement, ensuring that ASBA continues to operate with the highest
standards of integrity and effectiveness. The proposed changes also aim
to strengthen the association's ability to adapt to emerging challenges
and better serve our diverse membership.

o The committee has conducted a thorough review and is recommending
updates to the bylaws. These recommendations are aimed at improving
the effectiveness of governance within ASBA and ensuring alignment
with best practices. Please find the attached Bylaw Proposed Changes,
along with a summary document.

Jill Reed Motions to nominate Lillian Acker to submit the board approval of the by-law
vote on behalf of FHUSD.

Second: Dr. Rich Rutkowski

The board approved 3-1 with Madicyn Reid being a Nay.

g. Intergovernmental Agreement - Educational Enterprise Resource Planning
© It is recommended that the Board approve the Inter-Governmental
Agreement between Fountain Hills Unified School District and
Educational Enterprise Resource Planning, specifically for use with
the ERP-Pro (Visions) software used in the district’s financial
accounting and reporting to the county.

Motion: Lillian Acker
Second: Jill Reed
The board approved 3-0 with Madicyn Reid abstaining.

h. Election of Officer - Vice President

o For the purpose of organization of the Governing Board, the Board
shall meet at the most convenient public facility in the District. (Ifa
public facility is not available within the District, the Board may meet
at any available public facility convenient to all Board members,
regardless of the county or school district in which the facility is
located.) Such meeting shall be held between January 1 and January 15
next following the election.

o The meeting shall be called to order by the President or Vice President
of the Board for the preceding year. If that person is not a member of
the Board, a temporary president shall be elected and the meeting shall
be called to order by the temporary president. The person calling the
meeting to order shall preside until a successor is chosen.

© Whenever there is a vacancy in the office of President, the Board shall
elect a new officer to fill the vacancy during the unexpired term of
office.

» In addition to the organizational meeting described in this policy, the
Board may elect a Board President at any time, for any reason,

Vu.

providing that the matter has been properly placed and noticed on the
Board agenda consistent with the open meeting law and adopted by the
Board.

Jit] Reed Motions to nominate Dr. Rich Rutkowski as Vice President.
The board does not approve 1-1 with Jill Reed being a Yay, Lillian Acker being a Nay,
and Dr. Rich Rutkowski and Madicyn Reid abstaining.

Lillian Acker motions to nominate herself.
The board does not approve !-1 with Lillian Acker being a Yay, Jill Reed being a Nay,
and Dr. Rich Rutkowski and Madicyn Reid abstaining.

Dr. Jagodzinski made the suggestion to bring it to the next meeting and the board agreed.

Information/Discussion Items

a. Climatec Presentation

o Cory Clark and his colleague Ryan Trolinger from Climatec presented.

o Mrs. Reed asked about an additional charge, separate from the annual
service contract fees, for Allerton parts. Climatec shared that it could
have been for wall sensors, but they would look into it and get back to
us. She also asked about a monitoring agreement of $1,800. Dr.
Jagodzinski shared that we just recently switched the fire panel at LFPS
and that could be what that is for, but he would look into it and get back
to the board.

o Ms. Reid asked about the charges for Daikin. Dr. Jagodzinski shared that
is for parts to repair the chiller that is currently not operational.

o Ms. Reid asked if there was any notifications on the control side for
items such as dirty filters. Climatec shared that there is a run time in the
system to notify of a filter change, but they are not aware if our staff
uses that feature or not.

o Ms. Reid asked if there was anything from a control standpoint to lower
our costs. Climatec shared the majority of our costs are because of failed
mechanical equipment.

b. 5" Grade Trip to Grand Canyon

o. Mrs. Reichler and the fifth grade teachers presented.

o One night stay in Flagstaff with additional time in Williams and the
Grand Canyon.

co They will learn about astronomy and geology with a huge relation to
standards.

o Tentative dates are May 1" and 2™, 2025

o $375 per student, with fundraising and tax credit to cover costs.

o Mrs. Reed reiterated to the team that the board approved field trip packet
must be included when it comes back to the board for approval.

¢. Discipline Policies Specific to School Threats

o School Psychologists are one of the first people to be notified of a school
threat.

o Whena threat comes in, we notify MCSO. The admin team then
evaluates the situation and that includes principals and Dr. Jagodzinski.

IX.

Future Action

They then identify where the student is and get the student out of the
situation.

We have purchased 10 metal detector wands.

Once the student is in the office, either the counselor or psychologist
speaks to the student.

Most threats received are through social media.

A lockdown will be called when there is immediate concern to err on the
side of caution. A lot of times we will work with an MCSO deputy on
making that call. If it doesn’t require an immediate lockdown, the
student is then turned over to the school psychologist to conduct a threat
assessment.

Ms. Montgomery and Mr. McGloin went over the step by step process of
the assessment.

Mrs. Reed asked Ms. Montgomery how many parents attended the
parent university this morning. Ms. Montgomery shared that about
eleven attended. The parents that attended were very engaged, had great
questions and stayed for the duration of the time. She also shared that on
November 19" there is an evening event that will be about anxiety and
depression in children and teens.

Mrs, Reed shared that having parents on campus makes it much easier
for them to build a bond with the staff and be able to ask questions.

Ms. Reid shared that she loves that the word connection has been used
so many times in the conversation as that is the opposite of addiction,
not sobriety, but connection.

Ms. Reid also loves the idea of having a media fast, which is something
that was discussed at Coffee with Cain. She shared that in lieu of social
media, we invite students to be more connected in activities, such as
playing at the park.

Ms. Reid asked what the threshold is for when a student makes a serious
threat against somebody else and is it acted upon in a serious manner and
not just accepting an excuse of they were just joking. Dr. Jagodzinski
shared that with any threat, we go to the maximum first offense of a
nine-day suspension. It would have to rise to a certain level to involve an
independent hearing officer and the hearing officer would have to agree
to the consequences.

Ms. Reid asked if we include parents in the core team. Dr. Jagodzinski
shared that the parents are notified of a threat immediately. If a parent is
not cooperative, the district will immediately have MCSO go to the
house. The district may also call DCS if they feel it is a neglect issue.
Ms. Reid asked how we get in front of communication to the
community. Dr, Jagodzinski shared that it depends on the situation. He
also shared that if a parent has a concern or a question about something
that has happened on campus, district staff are available at all times. He
shared that he even has parents call him all the time. This way the
concern is cleared up quickly.

a. SPED Presentation
b. Strategies to Boost Enrollment
c. Club Policies

d. ESA

X. Dates of Upcoming Meetings

November 20, 2024 and December 4, 2024 - Business Mecting @ 6:00 p.m. in the
FHUSD Learning Center.

XL Adjournment
Time: 8:24 pm
Motion: Madicyn Reid

Second: Jill Reed
The board approved 4-0

Dated this 4"* day of December, 2024

Dr. Rich Rutkowski

FHUSD Govening Board 13 December 4, 2024

v
MAR)COPA
COUNTY

Intergovernmental Agreement between Maricopa County on behalf of the Maricopa
County School Superintendent's Office and Fountain Hills Unified School District for

1.0

2.0

3.0

4.0

Educational Enterprise Resource Planning

PARTIES

This Intergovernmental Agreement (IGA) provides a binding agreement between
the Maricopa County School Superintendent's Office (hereafter referred to as
“MCSS’), and Fountain Hills Unified School District (hereafter referred to as “the
School District”), collectively “the Parties”, for Educational Enterprise Resource
Planning (ERP) licensing, hosting, maintenance, and support of Tyler Technologies,
Inc’s School ERP Pro (hereafter referred to as the “ERP System’). Maricopa County
and the School District are authorized to enter into this IGA under A.R.S. §11-952
and §15-342(13) for the purposes of exercising joint powers or contracting for
services.

PURPOSE

This IGA outlines the responsibilities of each of the parties to manage the ERP
System of record as part of the MCSS ERP System 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 benefit the citizens of Maricopa
County.

DEFINITIONS

3.1 MCSS ERP System Consortium — is defined as school districts who have
entered into an agreement with MCSS to purchase their ERP software
licensing and have their ERP System hosted as detailed in this document.

3.2 ERP System - is defined as the software licensing and associated hosted
interfacing applications, as well as technical support, that function as the
financial system of record for school districts participating in the MCSS ERP
System Consortium.

TERM OF AGREEMENT

This IGA is for five (5) years, beginning July 1, 2024, and ending June 30, 2029,
unless terminated earlier by the Parties as set forth herein.

5.0

5.1

RESPONSIBILITIES OF THE PARTIES

MCSS Responsibilities:

§.1.1

5.1.2

$.1.3

5.1.4

5.1.5

5.1.6

5.1.7

5.1.8

5.1.9

Ensure that the ERP System is kept current on software updates.
Not all released updates apply to or affect MCSS hosted districts.
Some minor releases may be skipped or delayed.

Ensure that the ERP System is current with supported 3% party
products that it requires.

Maintain the ERP System hardware in good working order and
provide sufficient disk space to allow ready access to at least 7
years of historical School District data.

Conduct non-critical software updates outside of normal business
hours. Provide School District a minimum 48-hour notice, via email
or other notification, of scheduled outage. Critical updates may
require a shorter notice depending on the severity of the issue.

Back up all School District data nightly 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.

Inform School District when any action taken by MCSS results in
the modification of School District data.

Protect School District data against unauthorized access, following
best practices of data security.

Allow contracted software vendors access to requested data for
the purpose of resolving technical issues in the course of providing
support.

Maintain ERP System’s Identity Provider (Active Directory) and
security.

5.1.10 Provide the School District with necessary instructions,

documentation, and licenses to ensure that the School District
users can connect to the ERP System.

5.1.11 Provide support services outlined and attached hereto as

Attachment 1, Exhibit D.

Page 2 of 9

5.2

5.1.12 Invoice the School District for software licensing, hosting,
maintenance, and support as outlined in Section 15.0 of this IGA.

The School District Responsibilities:

5.2.1 Provide MCSS with proper authorization for all user account
updates for access to the ERP System.

5.2.2 Inform MCSS of changes related to the termination of key
personnel or consultants with access to the ERP System in a timely
manner.

5.2.3 Provide MCSS key application support personnel and contracted
vendor with needed access to School District's ERP system and
data for the purpose of resolving technical issues in the course of
providing support.

5.2.4 Maintain and manage Users and User Roles in the ERP System as
applicable.

5.2.5 Maintain and manage all local security in the ERP System as
applicable.

5.2.6 Maintain accuracy and integrity of all data within their District's
databases.

5.2.7 Comply with all requests from MCSS made in good faith related to
processes or procedures to ensure data integrity and smooth
operations.

5.2.8 Provide Internet connectivity and compatible equipment for all
School District users of the ERP System.

5.2.9 Attend training as needed to remain current on third-party software
and processes.

5.2.10 Pay MCSS within 30 days based on invoices received and as
outlined in Section 15.0 of this IGA. Failure to pay could result in
termination of this agreement and the School District’s ERP system
access, licensing, hosting, maintenance, and support. Disputed fees
and expenses in all terminations must have been submitted in
coordination with MCSS as invoice disputes in accordance with
Section F (2) of the LICENSE AND SERVICES ADDENDUM
(Attachment 1).

Page 3 of 9

6.0

7.0

8.0

9.0

EMPLOYMENT

6.1

6.2

The employees providing support shall be MCSS employees, and MCSS
will be responsible for payment of the employees’ salaries and benefits.

For purposes of A.R.S. §23-1022 only, the employees shall be deemed to
be employees of both MCSS and the School District, although MCSS shall
be solely responsible for the payment of workers’ compensation benefits.
Both MCSS and the School District shall post a notice pursuant to A.R.S.
§23-906, in substantially the following form:

All employees are hereby further notified that they may be required to work
under the jurisdiction or contro! of 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.

TERMINATION

7.1

7.2

7.3

This IGA is subject to cancellation in accordance with the provisions of
A.R.S, §38-511.

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.

Either party may terminate this IGA 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.

This IGA may be terminated by mutual written agreement of the parties
specifying the termination date therein.

AMENDMENTS

The Parties may amend this IGA only by written amendment signed by both
Parties.

INCORPORATION OF DOCUMENTS

9.1

The following are to be attached to and made part of this Contract:

Page 4 of 9

9.1.1 Attachment 1 — Contract by and between Maricopa County and
Tyler Technologies, Inc.

10.0 NOTICES

11.0

12.0

Communication and details concerning this IGA shall be directed to the following
contract representatives:

Maricopa County: School District:

Heather Mock Chris Hartmann

Asst. Superintendent of Econ. Mgmt. Executive Director of Finance

and Support Services

Office of the Maricopa County Fountain Hills Unified School

School Superintendent District

4041 N. Central Ave, Suite 1100 16000 E. Palisades Blvd.
Phoenix, Arizona 85012 Fountain Hills, AZ 85268
heather.mock@maricopa.gov chartmann@fhacademics.org
602-506-2068 480-664-5500

EMPLOYMENT DISCLAIMER

11.1. This IGA 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 IGA.

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).

GENERAL INDEMNIFICATIONS

To the extent allowable by law, 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

Page 5 of 9

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:

13.1.1 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 sha!l 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.

13.1.2 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 li of the Americans with Disabilities Act, and
the Arizona Disability Act, which prohibit discrimination on the basis
of physical or mental disabilities in the provision of contract
programs, services, and activities.

14.0 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §23-214 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS

14.1

By entering into this IGA, the Parties represent and warrant 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 their employees. The Parties shall obtain statements
from any 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 IGA. The
Parties and any Subcontractors shall also maintain Employment Eligibility

Page 6 of 9

14.2

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 this IGA. 1-9 forms are available for
download at USCIS.GOV.

The Parties warrant that they are in compliance with A.R.S. §41-4401 (E-
Verify requirements) and further acknowledge:

14.2.1 That the Parties 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 (3) years, which is longer;

14.2.2 That a breach of a warranty under subsection 14.1 above shall be
deemed a material breach of this IGA and the County may
immediately terminate this IGA without liability; and

14.2.3 That the County and any contracting government entity retains the
legal right to inspect the papers and employment records of any
party or Subcontractor employee who works on this IGA to ensure
that the party or Subcontractor is complying with the warranty
provided under subsection 14.1 above and that the party agrees to
make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an
inspection.

15.0 PAYMENT

15.1

MCSS shall invoice and receive reimbursement from the School District
within 30 days for the following costs calculated from a combination of
software licensing and support, School District user count, ADM, and MCSS
support staff:

15.1.1 The cost for the School District's ERP System annual software
licensing—Fiscal year 2025 (7/1/2024-6/30/2025) costs will be
$8,242.54, plus any applicable taxes. Fees for fiscal years 2026
through 2029 shall be subject to increases of no more than five
percent (5% year over year.

15.1.2 The costs for MCSS to host and publish the ERP System to be

accessed over the Internet and costs associated with MCSS support
employees—Fiscal year 2025 (7/1/2024-6/30/2025) costs will be

Page 7 of 9

$5,236.38. Fees for fiscal years 2026 through 2029 shall be subject
to increases of no more than five percent (5%)year over year.

15.2 The School District shall obtain and fund their connection to the Internet.
16.0 CONFLICT WAIVER

The Parties to this IGA 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.

17.0 COMPLETE AGREEMENT
This IGA contains the full and final agreement of the Parties and supersedes any

prior agreement or understandings between the Parties, either written or verbal,
dealing with the same subject matter.

Page 8 of 9

FOR AND ON BEHALF OF MARICOPA
COUNTY:

FOR AND ON BEHALF OF SCHOOL
DISTRICT:

Maricopa County School Superintendent

School Digérict Representative

/2-fo-24

Date

Chairman, Board of Supervisors

Date

ATTEST:

Clerk, Board of Supervisors

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.

/s/ Max G. Carpinelli

What

Attorney for Maricopa County

1/14/2025

Attorney for School District

Date

(Yb, [rory

Date

Page 9 of 9

Attachment 1

CONTRACT Educational Enterprise Resource
Planning 240128-IGA

This contract (“Agreement” or “Contract”) is entered into the 8th day of August, 2024 by and between
Maricopa County ("County” or “Client”), a political subdivision of the State of Arizona, and Tyler
Technologies Inc., a Delaware corporation ("Contractor’” or “Tyler’), for constituent school districts of the
County to continue the licensing of or access to and maintenance and support of Tyler’s proprietary
education-focused Enterprise Resource Planning (ERP) system known as School ERP Pro.

1.0

2.0

3.0

CONTRACT TERM

This Contract is for a term of five (5) years, beginning on July 1, 2024 ("Effective Date”) and ending
on June 30, 2029, unless earlier terminated as set forth herein.

CONTRACT COMPLETION

In connection with the termination of this Contract for any reason, and only upon the execution of
a mutually agreed change order or addendum, the Contractor shall make all commerciaily
reasonable efforts for an orderly transition of its duties and responsibilities to another provider
and/or to the County. This may include, but is not limited to, preparation of a transition plan and
cooperation with the County or other providers in the transition. The transition includes the transfer
of ali records and other data in the possession, custody, or control of the Contractor that are
required to be provided to the County either by the terms of this Agreement or as a matter of law.
The parties shall reasonably cooperate during the transition. Client shall reimburse Tyler for ail
transition services provided by Tyler at Tyler's then-current rates, plus reasonable costs, and
expenses, as set forth in the parties’ executed change order or addendum. The provisions of this
clause shall survive the expiration or termination of this Agreement.

PAYMENTS

3.1 As consideration for performance of the duties described herein, County shall pay
Contractor the sums stated in Exhibit B — Investment Summary.

3.2 Payment shall be made within forty-five (45) days of County’s receipt of the invoice.
3.3 INVOICES

3.3.1 The Contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. Ata