FY20-28 IGA MARICOPA COUNTY RE FINANCIAL SERVICES SIGNED BY LESD ATTY AND LESD; PENDING COUNTY SIGNATURES 09.17.20.PDF

INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN MARICOPA COUNTY ON
BEHALF OF THE MARICOPA COUNTY SCHOOL SUPERINTENDENT’S OFFICE AND

LIBERTY ELEMENTARY SCHOOL DISTRICT

1.0

2.0

3.0

4.0

5.0

PARTIES

4.4

This Intergovernmental Agreement (IGA) provides a binding agreement between
the Maricopa County School Superintendent's Office (hereafter referred to as
MCSS) and Liberty Elementary 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.

PURPOSE

2.1

This Agreement outlines the responsibilities of each of the parties to manage the
Financial System of record as part of the MCSS 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.

DEFINITIONS

Sed

22

MCSS Financial System Support Consortium — is defined as districts who have
entered into an agreement with MCSS to host their Financial System as detailed
in this document.

The System is defined as the hardware, financial software and associated hosted
interfacing applications, as well as technical support that function as the financial
system of record for School Districts participating in the Financial System Support
Consortium.

TERM OF AGREEMENT:

41

This Agreement shall become effective upon execution of the last signer. The IGA
renews automatically on July 1st of the ensuing year and expires June 30, 2028.

RESPONSIBILITIES OF PARTIES

5.1

MCSS 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 MCSS hosted
districts, some minor releases may be skipped or delayed.

MCSS/District Financial System IGA Page 1 of 7

5.1.2. Ensure that the System is current with supported 3 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 MCSS 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 MCSS 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 contracted software vendors 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 MCSS with proper authorization for all user account updates for
access to The System.

5.2.2 Inform MCSS 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.

MCSS/District Financial System IGA Page 2 of 7

5.2.6 Comply with all requests from MCSS 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.

6.0

7.0

8.0

5.2.8 Notify MCSS as soon as possible about any conflicts that might arise due
to scheduled system updates and discuss possible rescheduling.

EMPLOYMENT

6.1

6.2

The employees shall be a MCSS employee, and MCSS will be responsible for
payment of the employee's salary and benefits.

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

All_ employees are hereby 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 workers’ compensation.

TERMINATION

7.1

7.2

7.3

7.4

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

AMENDMENTS:

8.1

8.2

8.3

Any changes to this Intergovernmental Agreement shall be carried out in
accordance with the following:

A written amendment, signed by both parties, to this agreement shall be required
for every standard purpose listed below and all other purposes;

For any other changes in terms and conditions of this agreement which the parties
deem substantial.

MCSS/District Financial System IGA Page 3 of 7

9.0 NOTICES:

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

Maricopa County: Maricopa County School District

Maricopa County School Superintendent’s School District
Office

Mr. Mike Martinez

4041 N. Central Ave., Suite 1200

Phoenix, Arizona 85012

602-506-3866

10.0 EMPLOYMENT DISCLAIMER

10.1

10.2

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.

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).

11.0 GENERAL INDEMNIFICATION

11.1

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.

12.0 COMPLIANCE WITH APPLICABLE LAWS

12.1

Each party shall comply with all applicable laws, ordinances, Executive Orders,
rules, regulations, standards, and codes of the Federal, State, and Local

MCSS/District Financial System IGA Page 4 of 7

governments whether or not specifically referenced herein. Specifically, the
following apply:

12.2 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.

12.3 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 Il 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.

13.0 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES
§23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS

By entering into this Intergovernmental Agreement, the Contractor represents and warrants
compliance with the Immigration and Nationality Act (8 U.S.C. §§ 1101, ef 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. I-9 forms are available for download at USCIS.GOV.

The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledges:

13.1 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; and shall keep a record of the verification for the
duration of the employee’s employment or at least three years, whichever is longer;

MCSS/District Financial System IGA Page 5 of 7

13.2 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;

13.3 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.

14.0 FUNDING

14.1. MCSS 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.

14.1.1 The cost to publish the System to be accessed over the Internet.

14.1.2 The cost for connectivity to District data for the purposes of
support and maintenance.

14.1.3 The costs associated for the full time support employees

14.2 The cost for remote support Districts shall obtain and fund their connection to the
Internet.

15.0 CONFLICT WAIVER

15.1 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
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.

MCSS/District Financial System IGA Page 6 of 7

FOR AND ON BEHALF OF FOR AND ON BEHALF OF

MARICOPA COUNTY: THE DISTRICT; _
Cow Alou
Chairman, Board of Supervisors Liberty Elementary S¢cKool District
4NS/Z0
Date
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. Gust Rosenfeld

Deputy County Attorney for Attorney for Liberty Elementary School District
Maricopa County

4Yuf20

Date Date’

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