20260625_RCM_CHHS_COT_TUHSD_IGA.PDF
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Page 1 of 9 INTERGOVERNMENTAL AGREEMENT BETWEEN TEMPE UNION HIGH SCHOOL DISTRICT NO. 213 AND THE CITY OF TEMPE FOR COLLEGE AND CAREER READINESS PROGRAMMING This Intergovernmental Agreement (“Agreement”) is entered into this ____ day of ______________, 2026 (the “Effective Date”), by and between the Tempe Union High School District No. 213 of Maricopa County (“District”) and the City of Tempe, an Arizona municipal corporation of the State of Arizona (“the City” or “Tempe”), as a joint exercise of their respective powers. The City and the District may be referred to herein collectively as the “parties,” or individually as a “party.” RECITALS A. WHEREAS, the City’s College Connect Tempe Program (“Program”) provides college and career readiness services and resources for students that supports their enrollment and matriculation into post-secondary education; and B. WHEREAS, the District wishes to obtain college and career readiness programming available from the City; and C. WHEREAS, the City is authorized by Arizona Revised Statutes (“A.R.S.”) § 11- 951, et seq., and City of Tempe Charter § 1.03 to enter into this Agreement. NOW, THEREFORE, the District and the City, in consideration of the mutual covenants and representations contained herein, and for other good and valuable consideration, hereby agree as follows: AGREEMENT 1. Purpose The purpose of this Agreement is for the City to provide college and career readiness programming at facilities designated by the District. Through the College and Career Connections partnership, College Connect Tempe (“CCT”) provides individualized, one-on-one college and career advising, with a priority on underserved students. CCT works in collaboration with school counselors to identify and support students who need to complete their objectives towards their post-graduation goals. My Brother’s Keeper (“MBK”) is a component of the College & Career Readiness program that works directly with boys and young men of color, specifically Black, Latino, and Indigenous. Page 2 of 9 2. Term. This Agreement shall commence as of the Effective Date and shall remain in effect through June 30, 2029. 3. Joint Exercise of Powers. This Agreement is entered into between the parties pursuant to A.R.S. § 11-952. The City is further authorized to enter into this Agreement pursuant to Tempe City Charter, Section 1.03. Tempe Union High School District No. 213 (District) is further authorized to enter into this Agreement pursuant to A.R.S. § 15-342(13). By their signatures below, the attorneys for Tempe and for the District have determined that the Agreement is in proper form and is within the powers and authorities granted under the laws of the State of Arizona to its respective public agencies. 4. City to Provide College and Career Readiness Program Services at District Facilities. The City will provide the following Program services in support of the collaborative relationship with the District through City employees or College & Career Advisors (including student interns, AmeriCorps members or volunteers) working under the supervision of City staff as requested by the District: a. MBK will follow the recruitment and training programs of the CCT program. b. Provide and distribute tools and collateral materials, including timeline checklists, FAFSA instruction packets, scholarship lists, and career exploration assessments. c. Provide large and small group college and career readiness workshops and individual college preparation advisement support to students. d. Provide college and career readiness support District-wide workshops, small-group FAFSA labs, and one-on-one support. e. Provide District and school staff with marketing materials to promote Program workshop events, individual college preparation advisement and other program services on District campuses and distribute these marketing materials within City communication channels. f. Provide program incentives to students to encourage and reward participation in services. g. Provide reports of student participation in Program services by campus to designated District and School staff. h. Provide services to District students regardless of city of residency. Page 3 of 9 5. District and Schools. The District will provide the following services in support of the collaborative relationship described in this Agreement: a. Ensure all District high schools fully support and participate in this Agreement. b. Support Program activities, including marketing efforts and FAFSA event support, to the extent that they are consistent with District goals and guidelines. c. Provide CCT with access to digital student records to review school schedules for student outreach, monitor early college enrollment status, and obtain demographic information to identify student needs, as applicable. d. Designate contact persons for each high school site, as well as a District representative to coordinate and collaborate with Program staff. e. Designate and provide space at each high school site to provide large and small group workshops, individual college preparation advisement, FAFSA labs, and student outreach activities. f. Upon receipt of the appropriate parent/guardian consent, provide designated Program staff access to specific data on students for the purposes of increasing FAFSA completion and college enrollment, to include individual student contact information (including full legal name and contact information), and student date of birth. The District will also provide designated Program staff with access to the District’s FAFSA Finish Line data, by campus, including individual student contact information (including full legal name and contact information) and student date of birth. Access to this data is granted to the City solely for the purpose of supporting students with the FAFSA completion and college enrollment. Both parties will ensure that the dissemination and disposition of the records comply at all times with the Family Educational Rights and Privacy Act of 1974 and any subsequent amendments thereto. g. Provide district-level aggregated data, aggregated by campus, and disaggregated data by gender, race, ethnicity, and free or reduced-price lunch status for the following data elements: i. FAFSA completion; ii. High school graduation; iii. Postsecondary enrollment; and Page 4 of 9 iv. Early college participation, including dual enrollment, International Baccalaureate (IB), Advanced Placement (AP), AVID, ACE, CTE and similar programs v. Student attendance and absences vi. In-school and out-of-school suspensions 6. Termination. This Agreement may be terminated by either party upon thirty (30) days prior written notice. In addition, this Agreement is subject to cancellation by either party pursuant to A.R.S. § 38-511. 7. Indemnification. a. To the extent permitted by law, the City shall defend, indemnify and hold harmless the District, its officers and employees, from all suits, actions, or claims of any character brought because of any injury or damage received or sustained by any person, persons or property, resulting from negligence, fault or willful misconduct of the City or its employees, officers, interns or agents in provision of the services described in this Agreement. The City’s primary liability coverage is through its self-insured Risk Retention Trust Fund. The City as a self-insured entity for purposes of liability will provide the District with certificates of self-insurance providing the District with coverage under the City’s self-insurance naming the District as additionally insured and designating said self-insurance coverage as primary coverage in an amount of $1 million per occurrence as it relates to such professional liability. b. To the extent permitted by law, the District shall defend, indemnify and hold harmless the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injury or damage received or sustained by any person, persons or property, arising out of the alleged negligence, fault or willful misconduct of the District or its employees, officers or agents in the performance of its obligations pursuant to this Agreement. The District will provide the City with Verification of Coverage through the Arizona School Risk Retention Trust naming the City as additionally insured and designating said self-insurance as primary coverage in an amount of $1 million per occurrence as it relates to such premises liability. c. The District shall be solely responsible for ensuring that the space used at District facilities for this program is inspected for health and safety hazards prior to its use. Page 5 of 9 8. Miscellaneous Provisions. a. No Discrimination. The parties shall not unlawfully discriminate, either in the provision of services or employment, against any person on the basis of race, color, gender, gender identity, sexual orientation, religion, national origin, familial status, age, disability or United States military veteran status. b. Effective Date. This Agreement shall be deemed effective after its approval by the Governing Board for Tempe Union High School District No. 213 and by the City Council of the City of Tempe and as of the date first written above. c. Entire Agreement; Integration; Amendments. This Agreement constitutes the entire agreement between the parties concerning the matters contained herein and supersedes all other agreements between the parties concerning such matters. No provision of this Agreement may be waived or modified except by a written instrument signed by both parties. d. Adoption by City’s Mayor and Council; Authority to Execute Minor Amendments. This Agreement is subject to adoption by the City’s Mayor and City Council. Upon execution of this Agreement, the Mayor and City Council of Tempe hereby authorize Tempe’s Community Health and Human Services Director to execute other documents or amendments, including renewals, on behalf of Tempe as may be required to be executed by the parties during the term of this Agreement. e. District Authority to Execute Amendments. The Governing Board of the District hereby authorizes the Superintendent to execute an Addendum on behalf of the District should such an Addendum be required to be executed by the parties during the term of this Agreement for the provision by the District. f. Severability. This Agreement shall remain in full force and effect even if one or more of its terms or provisions have been held to be invalid or unenforceable. The term found invalid will be ineffective without invalidating the remaining terms and provisions of this Agreement. g. Notices. Any notice required under this Agreement shall be delivered or sent via Certified Mail, Return Receipt Requested to the following persons and shall be effective upon delivery. The designated representatives for notice purposes may be changed by written notice to the other Party. For the District: Superintendent Tempe Union High School District No. 213 Page 6 of 9 500 West Guadalupe Road Tempe, AZ 85283 For the City: Community Health & Human Services Director City of Tempe 3500 South Rural Road Tempe, AZ 85282 h. Dispute Resolution. In the event of a dispute between the parties to this Agreement regarding a provision of this Agreement, a party’s performance of its obligations as stated in this Agreement or any other matter governed by the terms of this Agreement, the parties will meet in good faith to attempt to resolve the dispute. If the dispute is not resolved within a reasonable time, the parties shall be free to use other remedies available to them to resolve the dispute. In the event of any litigation or arbitration arising out of this Agreement, the substantially prevailing party in such litigation or arbitration shall be entitled to recover its attorney’s fees, expert witness fees and other taxable costs of litigation. i. Books and Records. All books, accounts, reports, files, and other records relating to this Agreement shall be subject at all reasonable times to inspection by either Party during the time this Agreement is in effect and for five (5) years after termination of this Agreement. j. No Partnership, Employer or Joint Venture Relationship. In forming this Agreement, the parties are exercising their respective separate powers as authorized under A.R.S. § 11-952. It is hereby expressly understood and agreed that this Agreement does not in any way or for any purpose create or intend to create the relationship of agent, servant, employee, partnership, joint venture or association as between the parties at any time during the term of this Agreement or any renewal thereof. k. No Inconsistent Grants or Agreements. Neither the District nor the City shall grant to any other person or entity any rights that are inconsistent with, contrary to or infringe upon any right of the other under this Agreement. l. Legal Compliance. The parties agree and covenant that they will each comply with any and all applicable governmental restrictions, regulations and rules of duly constituted authorities having jurisdiction insofar as the performance of the work and services pursuant to the Agreement and all applicable laws, rules and regulations, including but not limited to, the Arizona Legal Workers Act, and all related provisions. The parties hereby agree to indemnify, defend and hold the other Page 7 of 9 harmless for, from and against all losses and liabilities arising from any and all violations thereof. m. Ambiguities. The parties acknowledge that this Agreement has been negotiated by the parties and their respective counsel and shall be construed fairly in accordance with its terms and without any presumption or rule requiring construction against the party drafting or causing any instrument to be drafted. Any rule of law or legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party shall not apply. n. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Arizona as in effect from time to time, without giving effect to conflicts of law principles. Any litigation related to this Agreement shall be commenced in the courts of Maricopa County, Arizona. o. Binding Agreement; No Assignment. This Agreement shall be binding upon the successors and assigns of the parties. The parties may not assign this Agreement or any of its rights or delegate any performance under this Agreement without the prior written consent of the other party. p. Arbitration. The parties acknowledge that, to the extent required by A.R.S. § 12- 1518 (concerning claims for monetary damages not exceeding $50,000), all disputes arising out of, or relating to, this Agreement shall be subject to court- mandated arbitration, except as may be required by other applicable statutes. q. Compliance Requirements for A.R.S. § 41-4401—Immigration Laws and E- verify. i. To the extent applicable under A.R.S. § 41-4401, each party warrants its and its subcontractors’ compliance with all Federal immigration laws and regulations relating to employees and warrants their compliance with the E- verify requirements under A.R.S. § 23-214(A). ii. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the Agreement and the breaching party may be subject to penalties up to and including termination of the Agreement. iii. Each party retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the other party or its subcontractors is complying with the warranty under subparagraph 1 above. Page 8 of 9 r. Appropriation of Funds. The Parties recognize that the performance of each Party may be dependent upon the appropriation and allocation of funds by the State Legislature of Arizona (for the District) and City Council (for the City). Should the Legislature or Council (as appropriate) fail to appropriate, allocate, or make available the necessary funds or if the either Party’s appropriation is reduced during the fiscal year, that Party may reduce the scope of this Agreement if appropriate or cancel this Agreement without further duty or obligation. No liability shall accrue to either Party in the event this provision is exercised and neither Party nor the State of Arizona shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. s. FERPA. The parties, their employees, interns, and agents shall comply with applicable Federal and state laws pertaining to the maintenance and disclosure of student records, including the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”), and A.R.S. §§ 15-141 and 15-142. City employees, interns, and agents involved in the provision of services under this Agreement shall be considered “school officials” of the District regarding the sharing of personally identifiable information related to the provision of services specified in this Agreement. t. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signature delivered by electronic transmission (including by facsimile, PDF, or other electronic means) shall be deemed to have the same force and effect as an original signature. [Remainder of Page Intentionally Left Blank] Page 9 of 9 WHEREFORE, the parties have executed this Intergovernmental Agreement through their duly authorized representatives to be effective as of the date first written above. TEMPE UNION HIGH SCHOOL DISTRICT NO. 213 _____________________________ Armando Montero, Governing Board President Approved as to form and within the lawful authority of Tempe Union High School District No. 213. _____________________________ Jordan T. Ellel, Attorney for the District CITY OF TEMPE _____________________________ Corey D. Woods, Mayor ATTEST: ________________________________ Kara A. DeArrastia, City Clerk Approved as to form and within the lawful authority of Tempe Union High School District No. 213. _____________________________ Eric A. Anderson, City Attorney