24-08-ED MARICOPA JDC REVIEWED.PDF
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INTERGOVERNMENTAL
AGREEMENT (IGA)
ARIZONA DEPARTMENT OF
EDUCATION
1535 W. Jefferson, Bin # 37
Phoenix, Arizona 85007
(602) 364-2517
IGA No: 24-08-ED
PROJECT TITLE:
FUNDING FOR JUVENILE
DETENTION CENTER
Effective Date: Upon Execution
Termination Date: June 30, 2024
Pursuant to Arizona Revised Statutes (A.R.S.) § 11-952 et seq. this Intergovernmental Agreement is entered into by the
Arizona Department of Education (“ADE”), an agency of the State of Arizona, and Maricopa County School
Superintendent’s Office (“CONTRACTOR”). Pursuant to A.R.S. § 11-951 et seq. both parties are authorized to enter into
agreements for the joint exercise of any power common to the contracting parties as to governmental functions necessary
to the public health, safety and welfare, and the proprietary functions of such public agencies.
Therefore the ADE and the CONTRACTOR agree to abide by all the terms and conditions set forth in this agreement.
For and on behalf of the CONTRACTOR:
For and on behalf of the Arizona Department of Education
Maricopa County School Superintendent’s Office
4041 N Central Ave
1535 W Jefferson Street, Bin # 37
Address
Phoenix, Arizona 85007
Phoenix
AZ
85012
City
State
Zip Code
Signature of Person Authorized to Sign Date
Signature of Person Authorized to Sign Date
Printed Name
Printed Name
Chief Procurement Officer
Title
Title
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with A.R.S. § 11-952, this agreement has been reviewed by the undersigned who has determined that this
agreement is in appropriate form and within the powers and authority granted to the respective public body.
Signature
Signature
Typed Name and Title
Typed Name and Title
Date
Date
Revised 2/8/2008
Jack Sellers
Chairman Maricopa County Board of Suprevisors
Max G. Carpinelli, Deputy County Attorney
3/25/2024
IGA No. 24-08-ED
Arizona Department of Education
1535 W Jefferson, Bin # 37
Phoenix, Arizona 85007
1.
Purpose of Agreement
The purpose of this agreement is to provide one-time funding of $10,000 from the General
Fund in FY 2024 to provide one-time funding for the Maricopa County Juvenile Detention
Center.
2.
Term of Agreement
This agreement is effective from date of execution through June 30, 2024 a can be renewed
in accordance with Section 3, or be terminated in accordance with Sections 10 and 12.
3.
Renewal of Agreement
This Agreement may be renewed for additional terms, upon agreement of the CONTRACTOR
and ADE, and by both parties signing an Amendment extending this Agreement. ADE shall
prepare the Amendment for additional periods for both parties’ signatures.
4.
Scope of Services
ADE and the CONTRACTOR shall perform the obligations agreed to by each as set forth in
Attachment “A,” Scope of Work attached hereto and incorporated herein by reference.
5.
Payment
As payment for full and satisfactory performance of the services, the ADE agrees to pay the
CONTRACTOR the appropriated amount of $10,000.00 on a quarterly basis.
6.
Changes
This agreement may only be changed in writing and must be signed by both parties and their
duly authorized agents (an Amendment). In the event that state or federal law enacted after
the effective date of this agreement conflicts with any term of this agreement, controlling law
will apply and supersede that/those term(s). The parties agree to promptly consider an
appropriate Amendment to the agreement to remove each conflict.
7.
Arbitration
Both parties agree to resolve all disputes arising out of or relating to this agreement through
arbitration, after exhausting applicable administrative review, to the extent required by A.R.S.
§ 12-1518, except as may be required by other applicable statutes.
8.
Breach
This agreement may be terminated by either party if the other party fails to fulfill its obligations.
9.
Termination
IGA No. 24-08-ED
Arizona Department of Education
1535 W Jefferson, Bin # 37
Phoenix, Arizona 85007
Except as otherwise provided, this agreement may be terminated without cause upon thirty
(30) days written notice by either party.
10. Governing Law
This agreement shall be governed and interpreted by the laws of the State of Arizona, and to
the extent applicable, the Arizona Procurement Code (A.R.S. § 41-2501, et seq.) and the
administrative rules promulgated thereunder (A.A.C. R2-7-901 et seq.).
11. Non-Availability of Funds
Every payment obligation of the Arizona Department of Education (ADE) under this agreement
is conditioned upon the availability of funds appropriated or allocated for the payment of such
obligation. If funds are not allocated and available for the continuance of the agreement, this
agreement may be terminated by the State at the end of the period for which funds are
available. No liability shall accrue to ADE in the event this provision is exercised, and ADE
shall not be obligated or liable for any future payments or for any damages as a result of
termination under this paragraph.
12. Cancellation for Conflict of Interest
Pursuant to A.R.S. § 38-511, the State of Arizona (“State”), its political subdivisions or any
department or agency of either may, within three years after its execution, cancel any contract
(agreement), without penalty or further obligation, made by the State, its political subdivisions,
or any of the departments or agencies of either if any person significantly involved in initiating,
negotiating, securing, drafting or creating the contract on behalf of the State, its political
subdivisions or any of the departments or agencies of either is, at any time while the contract
(agreement) or any extension of the contract (agreement) is in effect, an employee or agent of
any other party to the contract (agreement) in any capacity or a consultant to any other party
of the contract (agreement) with respect to the subject matter of the contract(agreement). A
cancellation made pursuant to this provision shall be effective when either party receives
written notice of the cancellation unless the notice specifies a later time.
13. Non-Discrimination
The Parties shall comply with Executive Order 09-09, which mandates that all persons
regardless of race, creed, color, religion, sex, age, national origin or political affiliation, shall
have equal access to employment opportunities, and all other applicable State and Federal
employment laws, rules, and regulations, including the Americans with Disabilities Act. The
Parties shall take affirmative action to ensure that applicants for employment and employees
are not discriminated against due to race, creed, color, religion, sex, age, national origin,
political affiliation or disability.
14. Records
Pursuant to A.R.S. §§ 35-214 and 35-215, the CONTRACTOR shall retain and shall
contractually require each subcontractor to retain all data, books and other records ("Records")
relating to this agreement for a period of five years after completion of the agreement. All
Records shall be subject to inspection and audit by the State at reasonable times. Upon
request, the CONTRACTOR shall produce the original of any or all such Records.
IGA No. 24-08-ED
Arizona Department of Education
1535 W Jefferson, Bin # 37
Phoenix, Arizona 85007
15. Compliance Requirements for A.R.S. § 41-4401, Government Procurement: E-Verify
Requirement
A.
The contractor warrants compliance with all Federal immigration laws and regulations
relating to employees and warrants its compliance with Section A.R.S. § 23-214,
Subsection A. (That subsection reads: “After December 31, 2007, every employer, after
hiring an employee, shall verify the employment eligibility of the employee through the E-
Verify program.)
B.
A breach of a warranty regarding compliance with immigration laws and regulations shall
be deemed a material breach of the contract and the contractor may be subject to
penalties up to and including termination of the contract.
C.
Failure to comply with a State audit process to randomly verify the employment records
of contractors and subcontractors shall be deemed a material breach of the contract and
the contractor may be subject to penalties up to and including termination of the contract.
D.
ADE retains the legal right to inspect the papers of any employee who works on the
contract to ensure that the contractor or subcontractor is complying with the warranty
under paragraph A.
16. Confidentiality
ADE and CONTRACTOR may choose, from time to time, in connection with work contemplated
under this agreement, to disclose confidential information to each other (Confidential
Information). All such disclosures must be in writing and marked as Confidential Information.
The Parties shall not disclose to unauthorized third parties any Confidential Information of the
other Party and will use such information only for the purposes of this Agreement, and for three
(3) years after the termination of this agreement; provided that the receiving Party's obligations
hereunder shall not apply to information that: (A) is already in the receiving Party's possession
at the time of disclosure; or, (B) is or later becomes part of the public domain through no fault
of the receiving Party; or, (C) is received from a third party with no duty of confidentiality to the
disclosing party; or, (D) was developed independently by the receiving party prior to disclosure;
or, E. is required to be disclosed by law or regulation.
Any information that is transmitted orally or visually, in order to be protected hereunder, shall
be identified as such by the disclosing party at the time of disclosure, and identified in writing
to the receiving party, as Confidential Information, within thirty (30) days after such oral or visual
disclosure. The CONTRACTOR shall retain the right to refuse acceptance of such Confidential
Information that is not required for the purposes of this agreement.
Both parties agree to comply with the federal Family Educational Rights and Privacy Act of
1974. This applies to all provisions of this agreement which involves identifiable individual
student data.
17. Property Disposition
Disposition of property acquired for the purpose of this agreement, either by ADE or with funds
provided by ADE, shall be determined by ADE upon termination or completion of the
agreement. Upon termination or completion of this agreement, the CONRACTOR shall provide
ADE with a listing of all such property, and shall make arrangement to return or dispose of this
property as directed by ADE. The CONTRACTOR shall provide ADE with an inventory for this
property within 90 days of this agreement becoming effective, and annually thereafter.
18. Property of the State
IGA No. 24-08-ED
Arizona Department of Education
1535 W Jefferson, Bin # 37
Phoenix, Arizona 85007
Title and exclusive copyright to all reports, information, data, curricula, materials, and
software prepared by CONTRACTOR in performance of this agreement shall vest in the
State of Arizona.
19. Public Record
Both parties recognize that work product developed under this agreement become public
information, except as limited by section 17, “Confidentiality.”
20. Notices
All written communications shall be addressed and mailed or personally served as follows:
To the CONTRACTOR:
To ADE:
Heather Mock
4041 N. Central Ave.
Suite 1100
Phoenix, AZ 85027
602.506.2068
Heather.Mock@maricopa.gov
Daniel Haight
Procurement, Bin # 37
Arizona Department of Education
1535 West Jefferson
Phoenix, AZ 85007
Telephone: 602.542.4341
Email: Daniel.Haight@azed.gov
Technical Contact:
Email: esea@azed.gov
INTERGOVERNMENTAL AGREEMENT
ATTACHMENT A – SCOPE OF WORK
IGA Number 24-08-ED
1.0
ADE MISSION STATEMENT AND PURPOSE
The Arizona Department of Education (ADE) is a service organization committed to raising academic
outcomes and empowering parents.
2.0
BACKGROUND
The State of Arizona’s 2024 Budget includes an increase of $52,600 from the General Fund in FY 2024 to
provide one-time funding for juvenile detention centers. A General Appropriation Act footnote stipulates
that the appropriated amount includes $22,600 for Yavapai County, $20,000 for Pinal County and
$10,000 for Maricopa County. A.R.S. § 15-913 establishes a funding formula.
3.0
PURPOSE
The purpose of this agreement is to provide funding for the Maricopa County Juvenile Detention Center
as required by the State of Arizona’s FY 2024 budget.
4.0
CONTRACTOR RESPONSIBILITIES
Contractor shall:
4.1
Use the funds provided by the Arizona Department of Education (ADE) under this agreement to
provide for education programs not operated through an accommodation school.
5.0
REPORTING REQUIREMENTS
Contractor shall:
5.1
Submit to ADE for approval the completed ADE FORMs-701d and 701b, attached, prior to
receiving any funds under this agreement.
5.2
On or before June 30 of the contract year, provide ADE with an accounting of the spending of all
funds provided under this agreement.
ADE FORM-701d (FEB 01)
6
ARIZONA DEPARTMENT OF EDUCATION
INTERAGENCY SERVICE AGREEMENT BUDGET/ESTIMATED
NEEDS PAYMENT SCHEDULE FOR INSTITUTIONS OF HIGHER
EDUCATION, STATE AGENCIES AND OTHER AGENCIES.
INSTRUCTIONS:
Submit original to ADE Contracts Management Unit as part of
proposed Agreement/amendment..
A. AGREEMENT IDENTIFICATION FOR THE BUDGET PERIOD From
To
1. Applicant Agency:
2. Contact Person:
Phone No.:
3. Agreement No.:
4.
Funding source (Chapter 1, etc.):
CFDA No.:
5.
Date submitted:
Index No.:
6. Proposal Name (If any):
7. Check ONE [ X ] New [ ] Renewal Application
[ ] Completion Report [ ] Amendment [ ] ADE Revision
B. AGREEMENT BUDGET
*EXPENDITURE CATEGORIES
BUDGET
(1)
REQUEST
CHANGES
(2)
AMENDED
BUDGET
(3)
EXPENDITURE
TO DATE
(4)
BUDGET
BALANCE
(5)
8. Salaries - Instructional
9. Salaries - Non-instructional
10. Employee Benefits
11. Travel
12. Supplies and Materials
13. Purch Services/Consultant Fees
14. Tuition
15. Printing and Reproduction
16. Utilities and Communications
17. Other (
)
18.
SUBTOTAL
19. Indirect Cost ( % x line 18)
20. Capital Outlay
21
TOTAL
22. Administrative Costs
23. Cash Balance (For Completion Purposes)
* SEE INSTRUCTIONS ON NEXT PAGE
C. COMPLETION REPORT SIGNATURE (Blue Ink Only)
I hereby certify that this is a reasonable statement of total expenditures for this Agreement.
Applicant Authorized Agent
Date
D. SUMMARY OF AVAILABLE FUNDS INCLUDED IN BUDGET ABOVE
E. ESTIMATED NEEDS PAYMENT SCHEDULE
(Original [ X ] Revised [ ] Date
)
FY
State C/O
FY
FY
Jul
Jan
Jul
Jan
Jul
Jan
Aug
Feb
Aug
Feb
Aug
Feb
Sept
Mar
Sept
Mar
Sept
Mar
Oct
Apr
Oct
Apr
Oct
Apr
Nov
May
Nov
May
Nov
May
Dec
Jun
Dec
Jun
Dec
Jun
TOTAL
TOTAL
TOTAL
10,000
Maricopa County School Superintendent's Officet
Heather Mock
602-506-2068
24-08-ED
24
10,000
10,000
0
10,000
10,000
10,000
3/25/2024
ADE FORM-701d (FEB 01)
ARIZONA DEPARTMENT OF EDUCATION
INSTRUCTIONS FOR COMPLETING ADE FORM 701d, AGREEMENT BUDGET REPORT:
APPLICATION
Section A. AGREEMENTT IDENTIFICATION FOR THE BUDGET PERIOD
1.
Enter the name of the agency applying for funds.
2.
Enter the name and phone number of contact person
3-4.
This area will be completed by ADE.
5.
Enter date submitted to ADE.
6.
Enter proposal name (if any).
7.
Check appropriate place.
Section B. AGREEMENT BUDGET BY LINE ITEM
8-17.
Enter budget amounts for each line item.
18.
Enter budget subtotal.
19.
Compute indirect costs. Each funding source has a limit on what per cent of the funds can be designated
indirect costs. You will be unable to exceed that limit. You may choose to use more of the funds in the
program and establish a smaller indirect cost than the limit.
20.
Enter the capital outlay amount. (some Requests for Proposals may restrict capital outlay expenditures.)
21.
Enter budget total.
Section C. PAYMENT SCHEDULE
Recommend the payment amount for each month that you estimate you will need. Refer to your budget justification,
capital outlay justification pages or other reference pages before completing. If a payment schedule is not indicated
by the applicant, ADE will complete.
Final payment schedule will be determined by ADE.
Sections D and E: for ADE use only
ADE FORM-701b (FEB 01)
7
ARIZONA DEPARTMENT OF EDUCATION
DETAILED INTERAGENCY SERVICE AGREEMENT BUDGET
(1) Applicant Name/Agency:
(2) Agreement No.
(3)
EXPENDITURE
CATEGORY
NUMBER
(4)
AGREEMENT
BUDGET
LINE ITEM NAME
(5)
NAME AND TITLE OF STAFF
AND/OR
BREAKDOWN OF INDIVIDUAL ITEMS INCLUDED IN
AGREEMENT BUDGET LINE ITEM TOTAL
(6)
100% COST
OF EACH
ITEM LISTED
COLUMN (3)
(7)
%
ASSIGNED
TO THIS
AGREEMENT
(8)
AGREEMENT
COST
TOTAL:
$
Maricopa County School Superintendent's Office
20.
24-08-ED
Computers and docking stations
10,000
Capital Outlay
10,000
10,000
10,000
INSTRUCTIONS FOR COMPLETION OF ADE FORM 701b, DETAILED EXPENDITURE BUDGETS
1)
Enter the full name of applicant agency.
2)
Enter agreement no.
3)
From budget page, use expenditure category line number.
4)
From budget page, use expenditure category name.
5)
Briefly detail names/titles or other specifics that describe the proposed expenditures. If more than one item is included
within the proposed expenditure for a line item, detail the costs within that line. See example below for sample of detail
of line items.
6)
Enter the actual 100% cost or actual 100% agency contracted salary amounts, even if a proposed salary or item cost is
not in 100% support of the demonstration site.
7)
Enter the appropriate % that would be assigned to this agreement.
8)
In relation to column 6, how much funding are you requesting in this application?
EXAMPLE
(3)
EXPENDITURE
CATEGORY
NUMBER
(4)
AGREEMENT
BUDGET
LINE ITEM NAME
(5)
NAME AND TITLE OF STAFF
AND/OR
BREAKDOWN OF INDIVIDUAL ITEMS INCLUDED IN
AGREEMENT BUDGET LINE ITEM TOTAL
(6)
100% COST
OF EACH
ITEM LISTED
COLUMN (3)
(7)
%
ASSIGNED
TO THIS
AGREEMENT
(8)
AGREEMENT
COST
8
9
10
10
17
20
Salaries -
Instructional
Salaries Non-
Instructional
Benefits
Benefits
Other Expenses
Capital Outlay
Instructor
Counselor
Benefits for Instructor
Benefits for Counselor
Rent of Facilities
Computer and Monitor
$10,000
$20,000
$ 2,500
$ 5,000
$24,000
$ 5,000
50%
100%
50%
100%
25%
100%
$ 5,000
$20,000
$ 1,250
$ 5,000
$ 6,000
$ 5,000
TOTAL
$42,250
PLEASE NOTE: All capital expenditures with a useful life of one year or more and costing $1,000 or more must be reflected on
form ADE FORM 640 (Capital Outlay Request).
.