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LIBERTY ELEMENTARY SCHOOL DISTRICT #25 GOVERNING BOARD MEETING MONDAY September 15, 2014 6:30 P.M. JERRY ROVEY DISTRICT FACILITY 19871 West Fremont Road Buckeye, AZ 85326

GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman

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Page 1: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman

LIBERTY ELEMENTARY SCHOOL DISTRICT #25

GOVERNING BOARD MEETING

MONDAY September 15, 2014

6:30 P.M.

JERRY ROVEY DISTRICT FACILITY

19871 West Fremont Road Buckeye, AZ 85326

Page 2: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman

B U I L D I N G W O R L D C L A S S S C H O O L S I N Y O U R N E I G H B O R H O O D

LIBERTY SCHOOL DISTRICT No. 25GOVERNING BOARD AGENDA

TIME: September 15, 2014 – 6:30 PMPLACE: Jerry Rovey District Facility, 19871 West Fremont Road, Buckeye, AZ 85326

Pursuant to the Americans with Disabilities Act (ADA) the Governing Board endeavors to ensure the accessibility of its meetings to all persons with disabilities. If you need an accommodation for a meeting, please contact the District Office at (623) 474-6600 or [email protected] at least 48 hours prior to the meeting. A copy of the complete agenda with names and details, including available support documents may be obtained during regular business hours at the Jerry Rovey District Facility Superintendent’s Office at 19871 West Fremont Road, Buckeye, AZ 85326.

The Governing Board reserves the right to move into Executive Session for legal advice with its attorneys for any item listed on the Agenda, in person or by telephone, pursuant to A.R.S. 38-431.03.0.3. Members of the governing Board will attend the meeting in person or by telephone conference call, pursuant to Governing Board Policy BE.

I. OPENING MEETING 1. Call to Order 2. Pledge of Allegiance

3. It is recommended the Governing Board approve the Regular Agenda Form and Consent Agenda consistent with Board Policy BEDB and temporarily suspend Governing Board Policy with which this agenda may be inconsistent.

Motion __________ Second __________ Vote __________

II. CONSENT AGENDA ReportSubmitted By

1. Approval of Minutes of the August 11, 2014 Governing Board

MeetingDr. Rogers

2. Approval/Ratification of Payroll Vouchers 108, 109, 110, 111,

1008, 1009, 1010, & 1011 in the amount of $1,320.873.14.Ms. Baysinger

3. Approval/Ratification of Expense Vouchers 1464, 1465, 1466,

1467, 1468, 1500, 1501, 1502, 1503, 1504, 1505, and 1506 in the amount of $795,751.46

Ms. Baysinger

4. Approval of Student Activity Fund for the Month of July 2014

Ms. Baysinger

5. Approval of Gifts and Donations for August 6, 2014 through

September 2, 2014Ms. Baysinger

6. Approval of Personnel Action Items Mr. Ceja

7. Approval of Revised Job Descriptions and Reclassification of

PositionsMr. Ceja

8. Approval of Food Program Permanent Service Agreement Ms. Baysinger

9. Approval of Intergovernmental Agreement (IGA) - Arizona

Assessment Collaborative (AzAC)Ms. Baysinger

10.Approval of Intergovernmental Agreement (IGA) - Buckeye

Union High School for Specialized Education ServicesMs. Baysinger

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B U I L D I N G W O R L D C L A S S S C H O O L S I N Y O U R N E I G H B O R H O O D

11.Approval of Intergovernmental Agreement (IGA) - Tolleson

Elementary School DistrictMs. Baysinger

12.Approval of Memorandum of Understanding (MOU) - West

Valley Arts CouncilMs. Vanica

13.Approval of Overnight and Out-of-State Travel Dr. Rogers

III. GENERAL BUSINESS ReportSubmitted By

IV. GOVERNING BOARD COMMENTS ON AGENDA TOPICS OR RECOMMENDED AGENDA TOPICS ADDITION

V. UPCOMING GOVERNING BOARD MEETINGS:October 6, 2014 - Regular Monthly Board Meeting

VI. ADJOURNMENT OF BOARD MEETING

Motion __________ Second __________ Vote __________

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LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the Minutes of the Minutes of the August 11, 2014 Governing Board Meeting.

SUBMITTED BY: Dr. Rogers SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.1.

Page 1 of 1

BOARD MEETING OF: September 15, 2014TITLE OF AGENDA ITEM: Approval of Minutes of the August 11, 2014 Governing Board MeetingITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

It is recommended the Governing Board approve the Minutes of the August 11, 2014 Governing Board Meeting.

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B U I L D I N G W O R L D C L A S S S C H O O L S I N Y O U R N E I G H B O R H O O D

LIBERTY SCHOOL DISTRICT No. 25 Governing Board Minutes

TIME: August 11, 2014 – 6:30 PM PLACE: Jerry Rovey District Facility, 19871 West Fremont Road, Buckeye, AZ 85326 I. OPENING MEETING

1. Dr. Kathryn Shelton, Governing Board President, called the meeting to order at 6:30 p.m. Governing Board members constituting a quorum were present; Mr. Paul Jensen, Mr. Thad McCloud and Mr. Mike Newman. Absent was Mr. Mike Greenfield.

2. Pledge of Allegiance was led by Mr. Jensen. 3. A motion by Mr. McCloud/Mr. Newman was entered to approve the Regular Agenda form and temporarily

suspend Governing Board Policy with which this agenda may be inconsistent. Approved UNANIMOUS

4. School Reports/Presentation/Recognitions • Estrella Mountain Elementary School

o Smooth first week of school o September 5th marks Estrella Mountain’s 25th anniversary! Busy planning a celebration,

so stay tuned for more information soon! o September 19th, 5-7 PM, Estrella’s Parent Informational Night will showcase curriculum,

AZCCSS, International Baccalaureate, clubs, and athletics. • Freedom Elementary School

o Great opening of school o Introduction of Mr. Matt Flagg, Assistant Principal. o August 6th, 6th, 7th and 8th grade students had Dash Day where they were rotated through

5 team building activities in the gym and enjoyed lunch together. o August 13th, 4-7:30 Curriculum Night, parents will learn what their child(ren) is(are)

learning, classroom procedures and other enrichment opportunities and a family BBQ, 405 responses to date.

• Liberty Elementary School o Good start of school o Liberty staff participated in the Kids At Hope Module I Training. Kids at Hope

philosophy “all children are capable of success, NO EXCEPTION” isn’t just another program, rather it is a belief system, supported by a cultural strategy and then enhanced by resources.

o Ms. Schilling will be creating an Ag Advisory Committee to gain input from students, parents, staff members, and community representatives to continue to build Liberty’s Agriscience curriculum and plan their resource development.

• Rainbow Valley Elementary School o Leaders of the month for the end of the 2013/14 school year were recognized. The 6

Amigas group included Maria Ruelas, Tammy Arroyo, Cassandra Perez, Lorenia Valdez, Sabrina Hernandez and Lizeth Acosta who was unable to attend. The 6 Amigas raised money for the Leukemia Society by making and selling bracelets. The girls raised $229.00.

o Rainbow Valley had a group of young ladies, Karla Serratos, Samantha Perez, Veronica Ruelas, Krysta Medina, Elizabeth Archuleta, Meisha Montoya, sing their version of “You Can Have it All” which was re-written to include words from the 7 Habits of Highly Effective People.

• Westar Elementary School o Thank you for the opportunity to attend Leadership Conference at Harvard this summer o Great start of a new year o Congratulations to entire Westar students and staff for “A” Grade

II. CALL TO THE PUBLIC – None

III. ADMINISTRATIVE REPORTS

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B U I L D I N G W O R L D C L A S S S C H O O L S I N Y O U R N E I G H B O R H O O D

1. Superintendent Update o Harvard – Dr. Rogers extended gratitude for the opportunity for the opportunity to attend the

weeklong Leadership training at Harvard. Dr. Rogers presented each Governing Board Member with a token of appreciation and a picture from Harvard. Dr. Rogers reported on the Welcome Back All Staff Breakfast which was full of energy.

2. Educational Services Update o Ms. Vanica thanked the Rainbow Valley Elementary School students for their presentation.

New Teacher induction was a success do to the assistance of the veteran schools. Mr. Vanica thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman conducted a Dibels refresher training.

3. Support Services Update o Mr. Ceja did a presentation on Capital Improvements that took place during the summer

across the district. 4. Governing Board Update

o Mr. Mike Greenfield – NA o Mr. Paul Jensen – NA o Mr. Thad McCloud – NA o Mr. Mike Newman – NA o Dr. Kathy Shelton – NA

IV. CONSENT AGENDA

A motion by Mr. Jensen was entered to approve the August 11, 2014 Consent Agenda with the exception of Consent Agenda Items 7 and 11 requesting those be moved to General business. The motion died due to a lack of a second A motion by Mr. Newman/Mr. McCloud was entered to approve the July 14, 2014 Consent Agenda as presented. Mr. Jensen cast the dissenting vote. Approved MOTION CARRIED (3-YES, 1-Nay)

1. Approval of Minutes of the Minutes of the July 14, 2014 Governing Board Meeting Approved MOTION CARRIED (3-YES, 1-Nay)

2. Approval/Ratification of Payroll Vouchers 103, 104, 105, 106, 107, 1003, 1004, 1005, 1006 & 1007 in the amount of $797,491.75. Approved MOTION CARRIED (3-YES, 1-Nay)

3. Approval/Ratification of Expense Vouchers 1455, 1456, 1457, 1458, 1459, 1460, 1461, 1462 and 1463 in the amount of $590,278.97. Approved MOTION CARRIED (3-YES, 1-Nay)

4. Approval of Student Activity Fund for the Months of May and June 2014 Approved MOTION CARRIED (3-YES, 1-Nay)

5. Approval of Gifts and Donations for June 5, 2014 through August 5, 2014 Approved MOTION CARRIED (3-YES, 1-Nay)

6. Approval of Extra-Curricular Activity Fee for Fiscal Year 2014-2015 Approved MOTION CARRIED (3-YES, 1-Nay)

7. Approval of Arizona School Facilities Board FY 2015 Capital Plan Approved MOTION CARRIED (3-YES, 1-Nay)

8. Approval of Intergovernmental Agreement with Buckeye Union High School For Alternative Education Services For Fiscal Year 2013-2014 Approved MOTION CARRIED (3-YES, 1-Nay)

9. Approval of Personnel Action Items which include new hires, resignations/terminations/ retirements, change of assignment, leave of absences and supplemental compensation. Approved MOTION CARRIED (3-YES, 1-Nay)

10. Approval of Revised Job Descriptions and Reclassification of Positions Approved MOTION CARRIED (3-YES, 1-Nay)

11. Approval of Qualified Evaluators Approved MOTION CARRIED (3-YES, 1-Nay)

12. Revision of Long-Term Substitute Teacher Rate Approved MOTION CARRIED (3-YES, 1-Nay)

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B U I L D I N G W O R L D C L A S S S C H O O L S I N Y O U R N E I G H B O R H O O D

V. GENERAL BUSINESS

1. Discussion/Review of A-F Labels - Spring 2014 Assessment AIMS/AIMS-A and SAT10 Ms. Vanica presented the Growth Model that Arizona uses to measure schools and school districts. This model acknowledges the academic growth a student has made in the past year even if he/she has not yet reached grade-level proficiency. Letter grades were as follows: Liberty Elementary School District = B; Estrella Mountain Elementary = B; Freedom Elementary = C; Liberty Elementary School = C; Rainbow Valley Elementary = C; and Westar Elementary = A. This is an information item; no action was taken.

VI. GOVERNING BOARD COMMENTS ON AGENDA TOPICS OR RECOMMENDED AGENDA

TOPICS ADDITION

Mr. Jensen requested the following: Visions/Goals, School-class sizes by grade level, Open Enrollment analysis – coming and going of students, response to Call to the Public by Freedom parents, how are problems identified and how addressed.

VII. UPCOMING GOVERNING BOARD MEETINGS:

September 8, 2014 - Regular Monthly Board Meeting VIII. ADJOURNMENT OF BOARD MEETING

On a motion entered by Mr. Newman/Mr. Jensen and by unanimous vote the Meeting ended at 7:59 p.m. Signed: Date: ________________________________________________ September 8, 2014

Page 8: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman

LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

Approval/Ratification of Payroll Vouchers 108, 109, 110, 111, 1008, 1009, 1010, & 1011 in the amount of $1,320.873.14.

SUBMITTED BY: Ms. Baysinger SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.2.

Page 1 of 1

BOARD MEETING OF: September 15, 2014

TITLE OF AGENDA ITEM: Approval/Ratification of Payroll Vouchers 108, 109, 110, 111, 1008, 1009, 1010, & 1011 in the amount of $1,320.873.14.

ITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

DATE VOUCHER AMOUNT 8/7/2014 108, 1008 $1,246.09

8/21/2014 109, 1009 $623,016.59

8/29/2014 110,1010 $10,925.909/4/2014 111,1011 $685,684.56

TOTAL $1,320,873.14

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Page 16: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman
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Page 23: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman
Page 24: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman
Page 25: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman
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Page 27: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman
Page 28: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman
Page 29: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman

LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve and ratify Expense Vouchers 1464, 1465, 1466, 1467, 1468, 1500, 1501, 1502, 1503, 1504, 1505, and 1506 in the amount of $795,751.46

SUBMITTED BY: Ms. Baysinger SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.3.

Page 1 of 1

BOARD MEETING OF: September 15, 2014

TITLE OF AGENDA ITEM: Approval/Ratification of Expense Vouchers 1464, 1465, 1466, 1467, 1468, 1500, 1501, 1502, 1503, 1504, 1505, and 1506 in the amount of $795,751.46

ITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

Approval/Ratification of Expense Vouchers 1464, 1465, 1466, 1467, 1468, 1500, 1501, 1502, 1503, 1504, 1505, and 1506 in the amount of $795,751.46

Date Voucher Amount7/15/2014 1464 $ 4,523.83 7/24/2014 1465 $ 259,296.19 7/29/2014 1466 $ 18,620.97 8/6/2014 1467 $ 85,012.45 8/14/2014 1468 $ 1,623.34 7/8/2014 1500 $ 90,229.31 7/15/2014 1501 $ 32,243.31 7/24/2014 1502 $ 30,793.09 7/29/2014 1503 $ 62,235.66 8/5/2014 1504 $ 56,752.07 8/12/2014 1505 $ 61,778.55 8/19/2014 1506 $ 92,642.69 Total $ 795,751.46

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LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the Student Activity Fund for the Month of July 2014

SUBMITTED BY: Ms. Baysinger SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.4.

Page 1 of 1

BOARD MEETING OF: September 15, 2014TITLE OF AGENDA ITEM: Approval of Student Activity Fund for the Month of July 2014 ITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

DEF FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

It is recommended the Governing Board approve the Student Activity Fund for the Month of July 2014

Page 106: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman

Liberty School District Student Activity

Balance Sheet Detail

July 2014

Deposits Expenses Balance

Maricopa County Treasurer 68,281.77

Estrella Mountain 20,840.07

Estrella Student Council 20,840.07

Total Estrella Student Council 1,667.50 19,172.57

Total Estrella Mountain 0.00 1,667.50 19,172.57

Freedom School 13,493.42

Freedom Student Council 13,493.42

Total Freedom Student Council 1,700.60 11,792.82

Total Freedom School 0.00 1,700.60 11,792.82

Liberty School 6,218.82

Liberty Student Council 6,218.82

Total Liberty Student Council 5,077.00 1,141.82

Total Liberty School 0.00 5,077.00 1,141.82

Rainbow Valley 11,555.42

Rainbow Valley Student Council 11,555.42

Total Rainbow Valley Student Council 650.50 2,035.50 10,170.42

Total Rainbow Valley 650.50 2,035.50 10,170.42

Westar School 16,174.04

Westar Student Council 16,174.04

Total Westar Student Council 650.00 15,524.04

Total Westar School 0.00 650.00 15,524.04

Maricopa County Treasurer - Other 0.00 0.00 0.00

Total Maricopa County Treasurer 650.50 11,130.60 57,801.67

57,801.67

September 8, 2014 Board Meeting

Visions Cash Bal

Page 107: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman

LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve acceptance of the donations and authorize letters of appreciation to the donors.

SUBMITTED BY: Ms. Baysinger SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.5.

Page 1 of 1

BOARD MEETING OF: September 15, 2014TITLE OF AGENDA ITEM: Approval of Gifts and Donations for August 6, 2014 through September 2, 2014ITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

KCD FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

Donor School Date Purpose ItemWells Fargo Liberty 2014-08-21 LIB Wells Fargo Comm Support $ 69.24 Freedom PTO Freedom 2014-08-21 FRD Gift & Donation - Freedom PTO for Library Books $ 750.00 AZ Science Foundation Rainbow 2014-08-26 G&D RV - Science Foundation STEM Clubs Support $ 1,400.00 Wells Fargo Liberty 2014-08-28 LIB - Wells Fargo Ed Matching Gift Program/M. Riley $ 69.24 AZ Science Foundation Freedom 2014-09-02 G&D FRD- Science Foundation STEM Clubs Support $ 500.00

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LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the Personnel Action Items as presented.

SUBMITTED BY: Mr. Ceja SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.6.

Page 1 of 1

BOARD MEETING OF: September 15, 2014TITLE OF AGENDA ITEM: Approval of Personnel Action ItemsITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

GCBC,GCF,GCG,GCK,GCQC,GDF,GDJ,GDQ FUNDING SOURCE:

NA COST: $0.00

EXECUTIVE SUMMARY:

It is recommended the Governing Board approve Personnel Action Items which may include new hires, resignations/terminations/retirements, change of assignment, leave of absences, supplemental compensation. Information regarding the personnel action items is attached.

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PERSONNEL ACTION ITEMS

September 8, 2014

Personnel Action Items Page 1 of 5

SUPPORT STAFF NEW HIRE:

NAME POSITION/SCHOOL REPLACE SALARY EFFECTIVE

DATE FUND BUDGETED

O’Dell, Scott Food Service

Worker/Liberty No

$9.14 per hour not to exceed 5 hours per day

8/14/2014 M&O Yes

Rodriguez, Gracia Paraprofessional I

Freedom Yes

$9.40 per hour not to exceed 7 hours per day

8/19/2014 M&O Yes

Mullen, Corina Custodian/Estrella Yes $9.19 per hour not to exceed

8 hours per day 9/2/2014 M&O Yes

May, Jo Learning Support

Services Clerk/District No

$11.71 per hour not to exceed 8 hours per day

8/25/2014 M&O Yes

Scharer, Gene On Call Bus Aid Transportation

Yes $9.19 per hour as needed not

to exceed 8 hours per day 9/3/2014 M&O Yes

ADMINISTRATIVE/CERTIFIED/SUPPORT STAFF RESIGNATIONS/TERMINATIONS/RETIREMENTS:

NAME ASSIGNMENT/ LOCATION REASON HIRE DATE RESIGNATION DATE

Mitchell, Michael Groundskeeper/District Retirement 8/10/2006 8/22/2014

Gieselman, Laura Occupational Therapist/All Schools Voluntary 8/1/2011 9/5/2014

Wright, Cynthia Substitute Teacher/District Voluntary 9/20/2013 8/18/2014

Hassan, Mariam Food Service Worker/Freedom Voluntary 8/1/2014 8/29/2014

Wieler, Haley Substitute Teacher/District Voluntary 2/11/2014 8/21/2014

Ramales, Delia LEAP Site Assistant/Westar Voluntary 8/1/2014 8/29/2014

CERTIFIED/SUPPORT STAFF CHANGE OF ASSIGNMENT:

NAME PREVIOUS

ASSIGNMENT/ LOCATION

NEW ASSIGNMENT/

LOCATION PREVIOUS WAGE NEW WAGE

FUND

BUDGETED

Wharry, Minnie Substitute

Para/District Paraprofessional I

Freedom

$9.19 per hour, as needed, not to exceed

7 hours per day

$9.19 per hour not to exceed 7 hours per day

M&O Yes

Young, Scott Custodian

Estrella Mountain Groundskeeper/

Maintenance $10.35 per hour not to

exceed 8 hours per day $11.71 per hour not to

exceed 8 hours per day M&O Yes

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PERSONNEL ACTION ITEMS

September 8, 2014

Personnel Action Items Page 2 of 5

GUEST TEACHER NEW HIRE

CERTIFIED/SUPPORT STAFF ADDENDA/STIPEND:

EMPLOYEE LOCATION TYPE OF WORK COMPENSATION FUND BUDGETED

Larm, Kathy Rainbow Valley 7 Habits Certification & Parent Training $720 Menu Yes

Johnson, Vicki Rainbow Valley 7 Habits Certification & Parent Training $720 Menu Yes

Kern, Jennifer Rainbow Valley 7 Habits Certification & Parent Training $720 Menu Yes

Aaron, Jennifer Rainbow Valley 7 Habits Certification & Parent Training $720 Menu Yes

Canfield, Deb Rainbow Valley 7 Habits Certification & Parent Training $720 Menu Yes

Bove, Michelle Estrella Mountain Yearbook $1,200 M&O Yes

Lundberg, Jeff Estrella Mountain Student Council $600 Tax Credit Yes

Bihn, Angela Estrella Mountain Student Council $600 Tax Credit Yes

Daugherty, Jeff Estrella Mountain Science Olympiad A $1,200 Tax Credit Yes

Sheesley, Joni Estrella Mountain Science Olympiad B $1,200 Tax Credit Yes

Daugherty, Jeff Estrella Mountain Science Olympiad B $800 Tax Credit Yes

Bihn, Angela Estrella Mountain National Junior Honor Society $300 Tax Credit Yes

Sheesley, Joni Estrella Mountain National Junior Honor Society $300 Tax Credit Yes

Daugherty, Jeff Estrella Mountain Odyssey of the Mind $800 Tax Credit Yes

Sheesly, Joni Estrella Mountain 7th Grade Girls Volleyball Coach $600 M&O Yes

Lundberg, Jeff Estrella Mountain 7th Grade Girls Volleyball Coach $600 M&O Yes

Mulleneaux, Susan Estrella Mountain 8th Grade Girls Volleyball Coach $1,200 M&O Yes

Hegedus, Kent Estrella Mountain 7th & 8th Grade Boys Volleyball Coach $1,200 M&O Yes

Alvarez, Ana Estrella Mountain Athletic Director - Volleyball $625 M&O Yes

CERTIFIED/SUPPORT STAFF LEAVE OF ABSENCE:

NAME POSITION LOCATION TYPE OF LEAVE START DATE END DATE RECOMMENDATION

Sanchez, Efigenia Car/Van Driver Transportation LOA 9/9/2014 10/22/2014 Not Recommended for Approval

Last Name First Name LOCATION ASSIGNMENT RATE OF PAY

Melody Margaret District On Call Substitute Teacher Long Term Substitute Teacher On Call Substitute Paraprofessional

$90/day $110/day $9.19/hour

Bogart Nancy Freedom Long Term Substitute Teacher $55/daily (4 hours daily)

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PERSONNEL ACTION ITEMS

September 8, 2014

Personnel Action Items Page 3 of 5

Moreno, Marie Liberty Preschool Bus Aid $14.00 per hour not to

exceed 4 hours per week M&O Yes

O’Rielly, Stacy Freedom Summer Office Help $9.61 per hour not to exceed 12 total hours

M&O Yes

Speckhard, Beth Freedom Summer Office Help $11.98 per hour not to exceed 12 total hours

M&O Yes

Ybarra, Patricia Freedom Summer Office Help $16.43 per hour not to exceed 34 total hours

M&O Yes

Cagle, Ryann Freedom New Teacher Induction Facilitator $120 M&O Yes

Fitzgerald, Donna Westar New Teacher Induction Facilitator $120 M&O Yes

Mendoza, Christine Freedom New Teacher Induction Facilitator $120 M&O Yes

Crowley, Connie Westar District Spelling Bee Coordinator $500 M&O Yes

McDaniel, Aubrey Freedom 7th Grade Girls Volleyball Coach $1,200 M&O Yes

Roer, Shonda Freedom 8th Grade Girls Coach $1,200 M&O Yes

Herrera, Jose Freedom 7th & 8th Grade Boys Volleyball Coach $1,200 M&O Yes

Miranda, Crystal Freedom Athletic Director - Volleyball $625 M&O Yes

Marshall, Blake Liberty 7th Grade Girls Volleyball Coach $1,500 M&O Yes

Sando, Brooke Liberty 8th Grade Girls Volleyball Coach $1,200 M&O Yes

Esposito, Jennifer Liberty 7th & 8th Grade Volleyball Coach $1,200 M&O Yes

Zumbro, Loretta Liberty Athletic Director - Volleyball $675 M&O Yes

Sowers, Aaron Rainbow Valley 7th Grade Girls Volleyball Coach $1,200 M&O Yes

Canfield, Deborah Rainbow Valley 8th Grade Girls Volleyball Coach $1,200 M&O Yes

Budzban, Dan Rainbow Valley 7th & 8th grade Boys Volleyball Coach $1,200 M&O Yes

Morin, Anitra Rainbow Valley Athletic Director - Volleyball $625 M&O Yes

Colleran, Joanna Westar 7th Grade Girls Volleyball Coach $1,200 M&O Yes

Clemens, Annette Westar 8th Grade Girls Volleyball Coach $1,200 M&O Yes

Hopkinson, Dyanne Westar 7th & 8th grade Boys Volleyball Coach $1,200 M&O Yes

Paduano, Anthony Westar Athletic Director - Volleyball $625 M&O Yes

Brandon, Erin Freedom Reading Intervention Coach $5,000 Menu Yes

Cagle, Ryann Freedom GATE Testing $500.00 M&O Yes

Adams, Judy Westar GATE Testing $500.00 M&O Yes

Ainsworth, Kimberley Westar GATE Testing $166.00 M&O Yes

Slusher, Terri Food Service Kitchen Prep $15.90 per hour not to exceed 20 total hours

M&O Yes

Yee, Kris Food Service Kitchen Prep $8.40 per hour not to exceed 11 total hours

M&O Yes

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PERSONNEL ACTION ITEMS

September 8, 2014

Personnel Action Items Page 4 of 5

Dodge, Raquel Liberty STAR Training $10.77 per hour not to exceed 20.5 total hours

M&O Yes

Moreno, Marie Liberty STAR Training $13.75 per hour not to exceed 20.5 total hours

M&O Yes

Gates, Kevin Maintenance Hourly Bus Driver $18.96 per hour

as needed M&O Yes

Brannan, Jane Transportation Transportation Training $13.76 per hour

for 1 hour M&O Yes

Bryan, Wayne Transportation Transportation Training $15.55 per hour for 30.75 hours

M&O Yes

Cooper, Deborah Transportation Transportation Training $14.13 per hour for 10.75 hours

M&O Yes

Edwards, Michelle Transportation Transportation Training $ 16.60 per hour

for 9.5 hours M&O Yes

Ferguson, Jack Transportation Transportation Training $14.13 per hour

for 8.5 hours M&O Yes

Frank, Yvonne Transportation Transportation Training $14.76 per hour

for 8.5 hours M&O Yes

Frasier, Darrell Transportation Transportation Training $17.12 per hour

for 7 hours M&O Yes

Gates, Robert Transportation Transportation Training $9.93 per hour

for 1 hour M&O Yes

Kerr, Richard Transportation Transportation Training $10.98 per hour for 1.25 hours

M&O Yes

Koverman, Sunni Transportation Transportation Training $13.76 per hour

for 8.5 hours M&O Yes

Leuba, Doris Transportation Transportation Training $15.81 per hour

for 8.5 hours M&O Yes

Long, Angela Transportation Transportation Training $13.76 per hour

for 1 hour M&O Yes

Ready, Charisse Transportation Transportation Training $14.13 per hour

for 6.5 hours M&O Yes

Solace, Crynn Transportation Transportation Training $15.55 per hour

for 6.5 hours M&O Yes

Sprague, James Transportation Transportation Training $15.55 per hour

for 8.5 hours M&O Yes

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PERSONNEL ACTION ITEMS

September 8, 2014

Personnel Action Items Page 5 of 5

Villa, Denee Transportation Transportation Training $15.92 per hour

for 2 hours M&O Yes

Zipprich, Maryann Transportation Transportation Training $15.02 per hour

for 6 hours M&O Yes

Bia, Michelle Transportation Transportation Training $21.43 per hour

for 6 hours M&O Yes

Aldridge, Megan Freedom New Teacher Referral Incentive $500 Title II Yes

Page 114: GOVERNING BOARD MEETING · 2014-09-15 · thanked Ms. Cooper for her positive kick off for the Special Education Department. Kindergarten Jump Start was a success. Ms. Lisa Hickman

LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the revised job descriptions and the reclassification of the positions as presented.

SUBMITTED BY: Mr. Ceja SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.7.

Page 1 of 1

BOARD MEETING OF: September 15, 2014TITLE OF AGENDA ITEM: Approval of Revised Job Descriptions and Reclassification of PositionsITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

GDA FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

The reorganization of the various departments has resulted in changes to duties and responsibilities of some positions. A summary of those changes is listed below.

The reduction in staffing to the Human Resources department over the last six years has obligated many responsibilities to the Human Resources Clerk position. Given the complexity and the quantity of the responsibilities given to this position, we recommend the position be reclassified to a technician position. Therefore we recommend the approval of the Human Resources Technician position.

Additionally, the Transportation Department has been working to increase their capacity to maintain the district’s fleet more directly. Over the last two years, Troy Mosher has been working to gain knowledge and training to better service our buses and other district vehicles. As a result, the district has invested in software to diagnose bus and other vehicle troubles. Whereas before we had to send our transportation vehicles into Phoenix for diagnostics, we are now able to do that as needed at our own shop. This is one example of many that show how Mr. Mosher’s commitment to continues improvement has resulted in added value and capacity to our district’stransportation department. In order to recognize the added value the district has gained from Mr. Mosher’s trainings and to capitalize on his continuous improvement, we recommend that the position of mechanic be reclassified from a level 13 to a level 16 on the support staff wage schedule. This would bring his wages up to the level of our neighboring districts.

The revised job descriptions are attached for your review.

If approved, the changes will take effect September 8, 2014.

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C O M M I T T E D T O S T U D E N T S U C C E S S

LIBERTY SCHOOL DISTRICT #25

T H E L I B E R T Y S C H O O L D I S T R I C T19871 West Fremont Road · Buckeye, AZ 85326 · Office (623) 474-6600 · Fax (623) 474-6629

Human Resource TechnicianJob Description

GENERAL STATEMENT OF RESPONSIBILITIES:

Responsible for performing clerical & technical duties to assure the smooth and efficient operation of the Human Resource Department while maintaining a focus on employee relations by prompt and courteous handling of all inquiries by staff and visitors.

RESPONSIBILITIES & DUTIES:

1. Assist with the efficient day-to-day operation of the Human Resources Department.2. Respond to all general inquires to Human Resources; including current

vacancies, application process, District benefits and new hire processing.3. Maintains applicant-tracking system and generates staffing reports.4. Review and screen all applications for completeness.5. Process Personnel Action Requests (PAR) as directed.6. Create, and issue accurate Work Agreements for Support Staff7. Set-up new hire paperwork for all new hires.8. Responsible for accurate completion of new hire paperwork.9. Perform all functions related to pre-employment processing; including

fingerprinting, E-verify reporting, background check requests, and issuing and accounting for District identification badges.

10. Ensure the accurate completion of benefit forms for medical, dental, vision, and life insurance.

11. Create and maintain active and inactive employee files.12. Initiate employee separation paperwork.13. Perform general secretarial duties: telephone, fax, copying, appointments, mail

distribution and correspondence.14. Cross train with the Substitute Coordinator to provide coverage as needed.15. Keep accurate data on teaching certification, fingerprint clearance cards, CPR/first aid

cards and highly qualified Para professionals and process reports as required.16. Acts as District contact for all Workers’ Compensation claims, and maintains all

Workers’ Compensation records.17. Responsible for responding to all Unemployment Claims, and keeps Executive Director

informed of all relevant Unemployment Claim information.18. Act as a liaison between the Human Resource Department and all District staff

while ensuring all service standards are met.

Liberty Elementary623-327-2810 Office

623-327-2819 Fax

Estrella MountainElementary

623-327-2820 Office623-327-2829 Fax

Rainbow ValleyElementary

623-327-2830 Office623-327-2839 Fax

Westar Elementary623-327-2840 Office

623-327-2849 Fax

Freedom Elementary623-327-2850 Office

623-327-2859 Fax

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C O M M I T T E D T O S T U D E N T S U C C E S S

T H E L I B E R T Y S C H O O L D I S T R I C T19871 West Fremont Road · Buckeye, AZ 85326 · Office (623) 474-6600 · Fax (623) 474-6629

19. Work productively as a team member with other Business Services Departments, the Administrative Team, certified staff, and support staff as well as within the Human Resources Department.

20. Represent the district and the Human Resource Department in a professional manner and in the best interest of the district.

21. Maintain the confidentiality of all information related to Human Resources.22. Perform additional duties and accept other responsibilities as may be assigned

by the Director of Human Resources.

QUALIFICATIONS & EXPERIENCE:

1. High School diploma or equivalent. A.A. degree preferred2. A minimum of three (3) years successful clerical experience3. Proficient computer skills, i.e. MS Word, Excel, MS Outlook4. Ability to work independently5. Effective organizational and time-management skills6. Ability to maintain confidentiality7. Excellent verbal and written communication skills8. Demonstrated ability to work effectively with employees, community and staff9. Such alternatives to the above qualifications as the Board may find appropriate

and acceptable

TERMS OF EMPLOYMENT: Non-Exempt, 260 days Limited term appointment

8 hrs per dayMedical, dental, vision, & life insuranceParticipation in Arizona State Retirement System

SALARY: Pay Level 11 on Support Staff Wage Schedule

REPORTS TO: Director of Human Resources

Approved by: Pending Governing Board Approval

Date of Approval: September 8, 2014 - Pending

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C O M M I T T E D T O S T U D E N T S U C C E S S

T H E L I B E R T Y S C H O O L D I S T R I C T19871 West Fremont Road · Buckeye, AZ 85326 · Office (623) 474-6600 · Fax (623) 474-6629

Reviewed and Agreed to by:

_____________________________________ Date: ____________________Employee Signature

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C O M M I T T E D T O S T U D E N T S U C C E S S

Board Approval: Pending

Liberty Elementary School District #25Job Description

1. Title MECHANIC

2. Job GoalTo keep the district’s automotive and bus fleet in a state of operating excellence in support of the educational program.

3. Qualifications1. High school diploma or equivalent.2. Training or coursework in gasoline and diesel powered motorized equipment

repair, overhaul, and maintenance.3. Demonstrated success in performing a wide variety of tasks requiring an

understanding of, and proficiency at, automotive mechanical repair including diesels.

4. Valid Arizona Commercial Drivers License (CDL) with Passenger and School Bus endorsements

5. Minimum of five years of mechanic experience, preferably on large vehicles.6. Ability to interpret and apply a common sense understanding to a variety of

instructions and information furnished in written, oral, diagram, or schedule form.

7. Any equivalent combination of experience and training that provides the required knowledge, skills, and abilities to perform the essential functions of the position.

8. Such alternatives to the above qualifications as the Board may deem appropriate and/or acceptable.

4. Performance Responsibilities1. Accurately inspects, diagnoses, and repairs the district’s school buses.2. Performs road tests and inspects buses to ensure that malfunctions have been

corrected and that the bus is operating safely and efficiently.3. Exhibits skill and proficiency in performing repairs, and routine and

preventive maintenance.4. Keeps Lead Mechanic informed as to status of jobs in the shop.5. Assures that buses conform to Department of Public Safety standards.6. Maintains a high level of safety standards at all times while performing the

responsibilities of the position.7. Promptly reports any abuse of buses and/or equipment to the Lead Mechanic

and/or the Transportation Supervisor. 8. Responsible for inventories of assigned tools and equipment.9. Maintains work area in a safe, clean, and orderly condition; maintains

equipment and tools in a safe and proper working condition; notifies appropriate personnel of unsafe working conditions.

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C O M M I T T E D T O S T U D E N T S U C C E S S

Board Approval: Pending

10. Completes work orders and maintains records of time worked and materials used; recommends and assists with purchase of needed parts, supplies, and tools; completes records of vehicle maintenance and repair, parts cost, and vehicle inspections.

11. Serves as an emergency substitute bus driver, bus aide, or other transportation positions if an appropriate substitute cannot be secured. Performs duties and functions of these positions, and maintains all licenses and certifications required to perform these duties.

12. Performs welding and fabrication competently.13. Performs minor auto body repair.14. Performs emergency road service to disabled buses. Drives replacement bus to

site and calls for wrecker service as needed.15. Uses a variety of hand tools, diagnostic equipment, welding equipment, and a

variety of mechanical aids in the repair, adjustment, and maintenance of school buses. Assists with checking road conditions during inclement weather, inspects for road hazards, and other safety related conditions as required by the Lead Mechanic and/or the Transportation Supervisor.

16. Assists with driver training in the areas of daily pre-trip inspection and bus components identification.

17. Attends appropriate workshops and training programs as assigned by the director.

18. Maintain accurate records as required by the District.19. Communicate effectively with students, parents, community and staff.20. Represent the District in a professional manner and in the best interest of the

District.21. Perform additional duties and accept other responsibilities as may be assigned

by the Superintendent or designee.

5. Reports ToMaintenance Supervisor and Lead Mechanic

6. Evaluation Performance to be evaluated in accordance with Board policy

7. Funding SourceTransportation

8. Terms of EmploymentNon-Exempt8 hours per day 12 monthsLevel 16 on the Support Staff Wage Schedule

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LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the Food Program Permanent Service Agreement.

SUBMITTED BY: Ms. Baysinger SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.8.

Page 1 of 1

BOARD MEETING OF: September 15, 2014TITLE OF AGENDA ITEM: Approval of Food Program Permanent Service AgreementITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

Request is hereby made for the Governing Board to approve the Food Program Permanent Service Agreement. The Arizona Department of Education Nutrition Services Department has requested that all School Districts provide a new Food Program Permanent Service Agreement due to material changes in the National School Lunch Program. The material changes specifically relate to the meal pattern which includes increases in the amounts of fruit to be served at breakfast, and changes in the allowance of starchy vegetables as creditable components to breakfast meals. Additionally, all grains must be whole-grain rich, dietary sodium levels have been reduced, and reimbursable meals must contain a half cup of fruit or vegetable. These are targeted goals by the ADE to encourage healthy eating and nutritious meals. These changes are based upon the implementation timeline for school food service nutrition standards. All changes have been addressed by the Liberty Food Service Department and the District is in compliance. Attached is a copy of the Food Program Permanent Service Agreement for review. This agreement must be received by the Arizona Department of Education prior to the acceptance of Food Service Claims.

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT

ADE Contract No. ED09-0001 Revised Summer 2014

1

_____________________________________________________________________________________

(“SPONSOR”)

(Legal Name of Applicant)

_____________________________________________________________

Doing Business As (if applicable).

This Agreement is entered into between the Arizona State Board of Education (“BOARD”), acting through the

Arizona Department of Education (“AGENCY”), a state agency of the State of Arizona, and the SPONSOR

pursuant to Arizona Revised Statutes (“A.R.S.”) §§ 15-203(B)(1) and 15-1152 (and § 11-951 et seq. if the

SPONSOR is a public agency). If the SPONSOR is a public agency, the SPONSOR is authorized to enter into this

Agreement pursuant to _______________________________

(to be completed by the SPONSOR)

The purpose of this Agreement is to effectuate the National School Lunch Act (“NSLA”), as amended (42 U.S.C. §

1751 et seq.) and the Child Nutrition Act (“CNA”) of 1966, as amended (42 U.S.C. § 1771 et seq.).

The SPONSOR enters into this Agreement with the BOARD for participation in one or more of the following

programs (the “PROGRAM”) (Check those that apply):

1. [ ] National School Lunch Program (CFDA No. 10.555)

2. [ ] School Breakfast Program (CFDA No. 10.553)

3. [ ] Special Milk Program (CFDA No. 10.556)

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Liberty Elementary School District No. 25
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ARS 15-342(13), ARS 15-101(1)M, ARS 15-101(12)
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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT

ADE Contract No. ED09-0001 Revised Summer 2014

2

A. PROGRAM REIMBURSEMENT

The BOARD agrees, to the extent of funds available subject to Section L of this Agreement, to reimburse

the SPONSOR for the above designated PROGRAMs operated by SPONSOR in accordance with the

following regulations, and any amendments, which are applicable to such PROGRAMs: National School

Lunch Program (“NSLP”) Regulations (7 CFR parts 210, 245), Special Milk Program Regulations (7 CFR

part 215), School Breakfast Program Regulations (7 CFR part 220). Reimbursement payments to be made

by the BOARD shall be subject to the provisions of A.R.S. Title 35 relating to time and manner of

submission of claims if not in conflict with federal law. The BOARD also agrees to donate foods in

accordance with Donation of Foods for use in the United States, its Territories and Possessions and Areas

under its Jurisdiction (7 CFR part 250), and any amendments thereto.

B. PROVISIONS FOR ACCEPTING FUNDS

The SPONSOR agrees to accept federal funds and/or USDA Foods in accordance with applicable

regulations as set forth in 7 CFR parts 210-250 and any amendments thereto, Office of Management and

Budget (“OMB”) Circular A-133 and A-122, as applicable, and to comply with all provisions of said rules

and OMB circulars, AGENCY Child Nutrition Program (“CNP”) Office Requirements, and with any

instructions or procedures issued in connection therewith. The SPONSOR further agrees to administer the

PROGRAMs funded under this Agreement in accordance with provisions of the uniform Federal assistance

regulations (7 CFR part 3015) and provisions of the uniform administrative requirements (7 CFR parts

3016, 3019).

C. PROGRAM REQUIREMENTS OF THE SPONSOR

The SPONSOR agrees that, for each site listed on the site sheet of the application, it will conduct the above

designated PROGRAM(s) in accordance with the U.S. Department of Agriculture (“DEPARTMENT”)

regulations and will conform to the following requirements in the conduct of each PROGRAM (unless the

requirement is restricted to a particular PROGRAM):

1. FOR NATIONAL SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM ONLY

a. Maintain a nonprofit food service and observe the limitations on the use of nonprofit food service

revenues set forth in 7 CFR parts 210.14(a) and 220.7(e)(1).

b. Establish such policies and procedures as are necessary to control the sale of foods in competition

with meals served under the PROGRAM. The sale of all non-program food, as defined in 7 CFR

part 210.14(f), may, at the discretion of the AGENCY and the SPONSOR, be allowed in the food

service area only if all income from the sale of such foods accrues to the benefit of the nonprofit

school food service.

c. Promote activities to involve students and parents in the National School Lunch and School

Breakfast Programs.

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

3

d. Plan menus in order to meet the Dietary Guidelines for Americans and key nutrient levels as set

forth in 7 CFR parts 210.10 and 220.8.

e. Maintain production and menu records for meals produced. These records must show how the

meals contribute to the required food components, food items or menu items every day, as set forth

in 7 CFR parts 210.10 and 220.8. Production records shall include sufficient information to

evaluate the menu’s contribution to the nutrition standards and the appropriate calorie and nutrient

levels for the age/grades of the children in the school, as identified in 7 CFR parts 210.10 and

220.8.

f. Maintain and comply with a financial management system as prescribed by the AGENCY CNP

Office, 2 CFR part 200, and 7 CFR parts 210.14(c), 215.7(d), 220.7(e)(1) and 3016.

g. Limit the net cash resources for its nonprofit school food service to an amount that does not exceed

three months average expenditures or such other amount as may be approved by the AGENCY in

accordance with 7 CFR parts 210.14(b) and 220.7(e)(1).

h. Serve lunches and/or breakfasts and/or after school care snacks during the designated periods, in

accordance with 7 CFR parts 210.10 and 220.8, for the number of days specified on the

PROGRAM application.

i. Claim no more than one (1) lunch/breakfast/after school care snack per child per day per meal

service.

j. Price the meal as a unit. Make lunches/breakfasts/after school care snacks available without cost or

at a maximum reduced price of forty (40) cents for lunch, fifteen (15) cents for snacks and thirty

(30) cents for breakfast to all children who are determined by the SPONSOR to be eligible for such

meals under 7 CFR part 245 and as described in the CNP Guidance Manual.

k. Claim reimbursement at the assigned rates only for reimbursable free, reduced-price and paid

lunches and/or after school care snacks and/or breakfasts served to eligible children in accordance

with 7 CFR parts 210 and 220.

l. Conduct verification in accordance with 7 CFR part 245.11(i). Report verification results to the

AGENCY no later than March 1. Collect and report the number of students who were terminated

as a result of verification, but who were reinstated as of February 15. Maintain copies of the

verification report and all supporting documentation for the period indicated in Section M of this

Agreement.

m. Ensure that the SPONSOR’s designated official signing the claim or his/her assigned representative

shall be responsible for reviewing and analyzing meal counts to ensure accuracy as specified in 7

CFR part 210.8 and 220.11 governing claims for reimbursement. At a minimum the

responsibilities should include:

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

4

1. No less than one (1) on-site review of the meal counting and claiming system for the meal

service for each school under its jurisdiction for a SPONSOR with more than one site. The

on-site review shall take place prior to February 1 of each school year. If the review

discloses problems with a school’s meal counting or claiming procedures, the SPONSOR

shall be required to develop and implement a corrective action plan and a follow-up on-site

review must be conducted within forty-five (45) calendar days of the review to determine

that the corrective action resolved the problems.

2. No less than two on-site reviews of the meal counting and claiming system for the after

school care snack program, if implemented. The first review shall be made during the first

four weeks of the school year that the school is in operation. Year round schools or

Residential Child Care Institutions shall review the snack program during the first four

weeks of its initial year of operation, once more during its first year of operation, and twice

each school year thereafter. If the review discloses problems with a school’s meal

counting or claiming procedures, the SPONSOR shall be required to develop and

implement a corrective action plan and a follow-up on-site review must be conducted

within forty-five (45) calendar days of the review to determine that the corrective action

resolved the problems.

3. Perform edit checks that compare each school’s daily counts of free, reduced-price, and

paid lunch/breakfast against the product of the number of children in that school currently

eligible for free, reduced-price and paid meals, respectively, times an attendance factor.

This attendance factor will be developed by the AGENCY.

4. Submit claims for reimbursement in accordance with procedures established by the

AGENCY. Claims for reimbursement not filed within sixty (60) days following the last

day of the claiming month will be disallowed. Any exception to this requirement will be

made at the discretion of the AGENCY and/or DEPARTMENT.

5. SPONSOR shall maintain on file, each month’s claim for reimbursement and all data used

in the claims review process, by school, for the period indicated in Section M of this

Agreement. All Food Service Management Company (“FSMC”) contracts, and records

which support such contracts, shall be maintained for the period indicated in Section M of

this Agreement. The records which are to be kept for each PROGRAM include:

(I) daily number of meals served to children, by category and type of meal;

(II) revenue from children’s payments, federal reimbursement, food sales to adults,

loans to the PROGRAM, all a la carte sales and any other sources to demonstrate

that the food service is being operated on a nonprofit basis. The revenue report

shall show net cash resources or the information necessary for the AGENCY to

compute net cash resources through a review or audit and annual financial report;

and

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

5

(III) food service expenditures (supported by invoices, receipts or other evidence of

expenditures).

n. Failure to submit accurate claims will result in the recovery of an over claim and may result in the

withholding of payments, suspension or termination of the PROGRAM as specified in 7 CFR parts

210.24, 210.25, 220.14, 220.18 and 220.19.

o. The penalties specified in 7 CFR part 210.26 shall apply to any SPONSOR who is found to engage

in embezzlement, willful misapplication of funds, theft or fraudulent activity in regards to claims

submitted.

p. Count the number of free, reduced-price and paid reimbursable meals served to eligible children at

the point of service. School sites approved for Special Assistance, Provision 2 are exempt, except

they shall do a total count of all children at the point of service. School sites approved for Special

Assistance, Provision 3 are exempt from any point of service meal counts.

q. Upon request, make all accounts and records pertaining to its school food service available to the

AGENCY and to the DEPARTMENT for audit or review, at a reasonable time and place.

r. Maintain in the storage, preparation and service of food, proper sanitation and health standards in

conformance with all applicable state and local laws, regulations and ordinances.

s. Maintain necessary facilities for storing, preparing and serving food and milk.

t. Procurement practices shall be in accordance with the Arizona Procurement Code and Regulations

(Charter schools are exempt as set forth in A.R.S. § 15-189.02), 2 CFR part 200 and 7 CFR parts

3015, 3016, 3019, 210.21, 215.14a and 220.16. All claims and controversies shall be subject to the

Arizona Procurement Code, A.R.S. § 41-2501 et seq., and Arizona Administrative Code R7-2-1001

et seq. Procurement standards must be submitted to the AGENCY and will be considered a

permanent document, unless changes are made by either party. Failure to follow established

procedures in the procurement of FSMC services may result in non-renewal of SPONSOR

application to participate in the PROGRAMs, or in withholding of reimbursement funds.

u. Purchase, to the maximum extent practicable, only food products that are produced in the United

States or products that are processed in the United States substantially using agricultural

commodities that are produced in the United States for those PROGRAMs as specified in 7 CFR

parts 210.21(d) and 220.16(d).

v. Any contracting for the furnishing of meals or management of the entire food service under the

PROGRAM must be conducted in accordance with proper procurement procedures and must be

done on a competitive basis in accordance with 7 CFR part 210.16. A FSMC entering into a

contract with a SPONSOR shall not subcontract for the total meal, with or without milk, or for the

assembly of the meal. SPONSORs contracting with a FSMC shall comply with 7 CFR part 210.16.

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

6

A SPONSOR entering into a contract with a FSMC shall not subcontract to the FSMC the

following duties and remains individually required to complete such items, perform such tasks or

abide by the terms and conditions of the following documents: AGENCY Food Program

Permanent Service Agreement, CNP Web applications, CNP Web claim submissions, approving

and processing NSLP income applications, access and distribution of benefit status, Benefit

Issuance Document, access and use of Direct Certification system, verification procedures, civil

rights compliance reporting, USDA Foods orders and procurement of FSMCs, in accordance with 7

CFR part 210.16

w. Submit proposed Invitation for Bid (“IFB”)/Request for Proposal (“RFP”) to the AGENCY for

review and approval. Written approval of the IFB/RFP must be received from the AGENCY prior

to advertising for bids/proposals. Submit copies of all contracts with FSMCs, along with a

certification of independent price determination to the AGENCY prior to the beginning of

PROGRAM operations. Written approval must be received from the AGENCY prior to both

parties entering into contract.

x. Individuals with access to CNP Web shall abide by the AGENCY Acceptable Use Policy, which

covers the use of electronic communication networks and computer-based administrative

applications of the AGENCY. This policy applies to all personnel using these intranet, extranet,

internet and administrative resources, including, but not limited to, officials and employees of

schools, school districts, charter schools and AGENCY. CNP Web accounts and passwords shall

not be provided to consultants, consulting firms or FSMCs contracting with SPONSOR.

Individuals who fail to comply will be subject to further action.

y. Each local educational agency participating in a PROGRAM authorized by the NSLA and CNA

shall establish a local school wellness policy that includes, at a minimum, goals for nutrition

promotion and education, physical activity, and other school-based activities that promote student

wellness, as well as nutrition guidelines for all foods available on campus to promote student health

and reduce childhood obesity, and guidelines for school meals as specified in Public Law 111-296,

Section 204. SPONSORs must permit parents, students, and members of the general public to

participate in the development, implementation and periodic review of the wellness policy.

SPONSOR shall also periodically measure (and make available to the public) an assessment

regarding the implementation of the wellness policy, including the extent to which schools under

the jurisdiction of the local educational agency are in compliance with the policy, the extent to

which the policy compares to model local school wellness policies, and a description of the

progress made in attaining the goals of the policy.

z. As defined in the NSLA, the SPONSOR shall implement a school food safety program, to be

applied to any facility or part of a facility in which food is stored, prepared or served for the

purposes of the PROGRAM, that complies with any hazard analysis and critical control point

system established by the Secretary of Agriculture.

aa. In accordance with 7 CFR parts 210.13(b) and 220.7(a)(2), schools shall obtain a minimum of two

(2) food safety inspections during each school year conducted by a state or local governmental

agency responsible for food safety inspections. They shall post in a publicly visible location a

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

7

report of the most recent inspection conducted, and provide a copy of the inspection report upon

request. Sites participating in more than one (1) child nutrition PROGRAM shall only be required

to obtain two (2) food safety inspections per year if the nutrition PROGRAMs offered use the same

facilities for the production and service of meals.

D. ASSURANCE OF CIVIL RIGHTS COMPLIANCE

1. The SPONSOR hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42

U.S.C. § 2000d et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.);

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Age Discrimination Act of

1975 (42 U.S.C. § 6101 et seq.); all provisions required by the implementing regulations of the

DEPARTMENT (7 CFR parts 15, 15a and 15b); U.S. Department of Justice Enforcement

Guidelines (28 CFR parts 50.3 and 42); and DEPARTMENT directives and guidelines to the effect

that no person shall, on the grounds of race, color, national origin, sex, age or disability, be

excluded from participation in, be denied the benefits of or be otherwise subjected to

discrimination under any PROGRAM or activity for which the SPONSOR receives federal

financial assistance from the DEPARTMENT; and hereby gives assurance that it will immediately

take any measures necessary to effectuate provisions of this Agreement.

2. This assurance is given in consideration of and for the purpose of obtaining any and all federal

financial assistance and the permission to use federal property or interest in such property, or the

furnishing of services without consideration, at a nominal consideration or at a consideration which

is reduced for the purpose of assisting the SPONSOR, or in recognition of the public interest to be

served by the furnishing of services to the SPONSOR, or any improvements made with federal

financial assistance extended to the PROGRAM SPONSOR by the DEPARTMENT.

3. By accepting this assurance, the SPONSOR agrees to compile data, maintain records and submit

reports as required to permit effective enforcement of nondiscrimination laws and permit

authorized DEPARTMENT personnel during hours of PROGRAM operation to review such

records, books and accounts as needed to ascertain compliance with the nondiscrimination laws. If

there are any violations of this assurance, the DEPARTMENT shall have the right to seek judicial

enforcement of this assurance.

4. This assurance is binding on the SPONSOR, its successors, transferees and assignees as long as

such person or entity receives assistance or retains possession of any assistance from the

DEPARTMENT. The person or persons whose signatures appear below are authorized to sign this

assurance on behalf of the PROGRAM applicant.

5. AGENCY and SPONSOR shall maintain information on civil rights complaints, if any, submitted

and/or received by the SPONSOR, AGENCY or DEPARTMENT, and their resolutions.

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

8

E. EQUAL OPPORTUNITY/NON DISCRIMINATION

The Parties of this Agreement shall comply with Executive Order 75-5 as modified by Executive

Order 2009-09, which mandates that all persons, regardless of race, 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 American

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,

national origin or disability.

F. RIGHT OF JUDICIAL ENFORCEMENT; CHOICE OF LAW

The SPONSOR recognizes and agrees that federal financial assistance will be extended in reliance

on the representations stated herein and in the Exhibits hereto and that the United States and the

State of Arizona, individually or jointly, shall have the right to seek judicial enforcement of the

Agreement. This Agreement is made in the State of Arizona and shall be interpreted by the laws

of the State of Arizona including, where applicable, the Uniform Commercial Code as adopted by

the State of Arizona, the Arizona Procurement Code, A.R.S. Title 41, Chapter 23, A.A.C. R2-7-

101 et seq. and A.A.C. R7-2-1001 et seq. Any litigation arising out of this Agreement shall be brought

in Arizona.

G. MUTUAL OBLIGATIONS, RESPONSIBILITIES AND WARRANTIES

The AGENCY and the SPONSOR mutually agree that:

1. With the approval of the AGENCY, sites may be added or deleted from the site sheet as the need

arises, and the references herein to the site sheet shall be deemed to include the most recently

approved site sheet.

2. The AGENCY shall promptly notify the SPONSOR of any change in the minimum meal

requirements or the assigned rates of reimbursement.

3. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or

part of this Agreement or to any benefit that may arise therefrom; but this provision shall not be

construed to extend this Agreement if made with a corporation for its general benefit.

4. This Agreement, and the duties arising hereunder, shall become effective on July 1, 2014 or upon

signature by the Superintendent of Public Instruction, or his designee, whichever occurs last. This

Agreement shall automatically renew on July 1 of each year, beginning July 1, 2015, unless either

party notifies the other at least thirty (30) days before the renewal date of their intent not to renew.

Before any amendment or extension may become effective, appropriate action must be taken by

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

9

ordinance, resolution or otherwise pursuant to the laws applicable to public agencies entering into

this Agreement.

5. The SPONSOR’s participation in the PROGRAM(s) under this Agreement is conditioned upon the

AGENCY’s approval of the SPONSOR’s on-line application to the AGENCY through the CNP

Web, a fully executed written Agreement with the AGENCY, and, in the event the SPONSOR

contracts with a FSMC to manage its food service operation under this Agreement, the AGENCY’s

review and approval of the SPONSOR’s contract(s) with a FSMC prior to the execution of the

contract(s) as required in 7 CFR parts 210.9, 210.16 and 210.19. For this Agreement period,

reimbursement shall not be made for any meals served before these conditions have been fully met

by the SPONSOR.

6. No right or interest in this Agreement shall be assigned or delegated without the written permission

of the other party.

7. The SPONSOR shall repay to the federal government or the AGENCY all monies determined by

any financial-compliance audit or review to be owed to the federal government or the AGENCY in

connection with any PROGRAM for which the SPONSOR has received funds. If the SPONSOR

fails to make such repayment within thirty (30) days after demand by the AGENCY, SPONSOR

shall also pay all reasonable attorneys’ fees based on reasonable hourly charges of like experienced

attorneys in Phoenix, Arizona for the Assistant Attorney General representing the AGENCY or the

BOARD or the attorney representing the DEPARTMENT in seeking to enforce this paragraph.

8. The Parties to this Agreement agree to resolve all disputes arising out of or relating to the

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 if not in

conflict with federal law.

9. The covenants and agreements herein contained shall inure to the benefit of and be binding upon

the parties hereto and their respective successors, transferees and assignees.

H. FREE AND REDUCED-PRICE POLICY STATEMENT

The SPONSOR must supply copies of its PROGRAM Application, Free and Reduced-Price Policy

Statement and the Free and Reduced-Price Document Summary to the AGENCY. The Free and Reduced-

Price Policy Statement will be considered a permanent document.

I. CONFLICT OF INTEREST; CANCELLATION

1. No employee, officer or agent of the SPONSOR who has, or whose relative has, a substantial

interest in any contract, sale, purchase or service to the SPONSOR, shall participate in selection or

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

10

in the award or administration of a contract if a conflict of interest, real or apparent, would be

involved pursuant to A.R.S. § 38-503 and 7 CFR part 3016.36(b)(3).

2. Pursuant to A.R.S. § 38-511, the State of Arizona, its political subdivisions or any department or

agency of either may, within three (3) years after its execution, cancel any agreement, without

penalty or further obligation, made by the State of Arizona, 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 agreement on behalf of the State of Arizona, its political

subdivisions or any of the departments or agencies of either is, at any time while the agreement or

any extension of the agreement is in effect, an employee or agent of any other Party to the

agreement in any capacity or a consultant to any other Party of the agreement with respect to the

subject matter of the agreement. A cancellation made pursuant to this provision shall be effective

when the SPONSOR receives written notice of the cancellation unless the notice specifies a later

time.

J. AGREEMENT INTERPRETATION AND AMENDMENT

1. No Parole Evidence. This Agreement is intended by the parties as a final and complete expression

of their agreement. No course of prior dealings between the parties and no usage of the trade shall

supplement or explain any term used in this document.

2. No Waiver. Either party's failure to insist on strict performance of any term or condition of this

Agreement shall not be deemed a waiver of that term or condition even if the party accepting or

acquiescing in the nonconforming performance knows of the nature of the performance and fails to

object to it.

3. Written Agreement Amendments. This Agreement may be modified only in a writing signed by all

of the parties or their duly authorized agents. Notice required pursuant to this Agreement shall be

served personally or by mail upon each party at the addresses specified on the signature page of

this Agreement.

K. THIRD PARTY ANTITRUST VIOLATIONS

The SPONSOR assigns to the State of Arizona any claim for overcharges resulting from antitrust violations

to the extent that those violations concern materials or services supplied by third parties to the SPONSOR

toward fulfillment of this Agreement.

L. NON-AVAILABILITY OF FUNDS

Every payment obligation of the State of Arizona 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

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

11

available for the continuance of the Agreement, this Agreement may be terminated by the State of Arizona

at the end of the period for which funds are available. No liability shall accrue to the State of Arizona in

the event this provision is exercised, and the State of Arizona shall not be obligated or liable for any future

payments or for any damages as a result of termination under this Section.

M. RECORDS

Pursuant to A.R.S. §§ 35-214 and 35-215, the SPONSOR 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 (5) years after completion of this Agreement or until resolution of an unsolved audit which exceeds

the designated time period. All records shall be subject to inspection and audit by the State of Arizona for

five (5) years after the termination of this Agreement. All records shall be subject to inspection and audit

by the State at reasonable times. Upon request, the SPONSOR shall produce the original of any or all such

records.

N. COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401; E-VERIFY REQUIREMENT

1. The SPONSOR warrants compliance with all federal immigration laws and regulations relating to

employees and warrants its compliance with A.R.S. § 23-214(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.)

2. A breach of a warranty regarding compliance with immigration laws and regulations shall be

deemed a material breach of this Agreement and the SPONSOR may be subject to penalties up to

and including termination of this Agreement.

3. Failure to comply with a state audit process to randomly verify the employment records of the

SPONSOR shall be deemed a material breach of this Agreement and the SPONSOR may be

subject to penalties up to and including termination of this Agreement.

4. The AGENCY retains the legal right to inspect the papers of any employee who works on this

Agreement to ensure that the SPONSOR is complying with the warranty under paragraph 1 of this

Section.

O. TERMINATION/SUSPENSION

This Agreement may be terminated upon thirty (30) days notice in writing by either party. Notwithstanding

the foregoing, the AGENCY may terminate this Agreement immediately upon receipt of evidence that the

terms hereof have not been complied with by the SPONSOR. Pursuant to 7 CFR part 210.25, whenever it

is determined that the SPONSOR has materially failed to comply with the provisions of this Agreement, or

with AGENCY/DEPARTMENT guidelines and instructions, the AGENCY may suspend or terminate the

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

12

Agreement in whole, or in part. The SPONSOR may also terminate this Agreement by mutual agreement

with the AGENCY. The AGENCY and the SPONSOR shall comply with the provisions of 7 CFR part

3015 subpart N, concerning suspension, termination and closeout procedures.

P. CERTIFICATION

The SPONSOR certifies that all information submitted related to the Program is true and correct and

understands that deliberate misrepresentation may result in prosecution.

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

13

USDA Foods AGREEMENT (Applicable to SPONSORs receiving USDA Foods)

Policies/Procedures

1. The AGENCY solicits vendors (Warehouse/Distributor) to distribute DEPARTMENT donated food to

eligible SPONSORs. SPONSORs shall receive donated food as required by 7 CFR part 250. The cost of

shipping will be paid by the SPONSOR. The SPONSOR is responsible for establishing a purchase order

with the delivering vendor. The AGENCY will announce annually the delivery charge (service, handling

and administrative fees) and delivery vendor prior to the beginning of the fiscal year. Payments are due to

the delivering vendor within the terms to be determined after completion of credit application. Shipments

will be withheld if the SPONSOR becomes 30 days from the agreed credit terms. Failure to pay will result

in termination of participation and non-renewal of USDA Foods Program

2. The SPONSOR agrees to pay excess storage and administrative fees for USDA Foods that are not ordered

and have not been refused within the designated dwell times.

3. The SPONSOR agrees to accept and order USDA Foods only in quantities that can be used in a six (6)

month period in a non-profit School Food service. Any SPONSOR ordering USDA Foods in excess

quantities may be held financially responsible for spoilage or contamination which results in the foods

being unfit for human consumption. SPONSOR is to notify the AGENCY when any loss of, or damage to,

USDA Foods occurs.

4. The SPONSOR shall receive and use USDA Foods only for the benefit of those persons eligible for

congregate meals provided by the SPONSOR. Foods will not be transferred or used otherwise without

prior written approval of the AGENCY. USDA Foods shall not be sold or traded, but may be transferred

with the approval of the AGENCY when determined to be in the best interest of the PROGRAM.

5. The SPONSOR shall maintain evidence that necessary protective measures are maintained when storing

donated food. Evidence to support would include, but are not limited to, storage temperature charts

verifying proper storage temperatures, pest control schedule and security system used. Documentation

must be available to verify that all storage facilities obtained all necessary federal, state and/or local health

inspections or if no such inspections are made, a self-evaluation form for storage facilities be completed

annually.

6. The SPONSOR shall maintain all records pertaining to transactions relating to receipt, disposal and

inventory of USDA Foods. All records required in this agreement shall be retained for the period indicated

in Section M of this Agreement.

7. The SPONSOR shall complete, return and maintain a copy of inventory forms provided by the AGENCY.

Failure to comply may result in termination of participation in the USDA Foods. The SPONSOR shall

comply with instructions from the AGENCY to: (a) distribute remaining inventory of USDA Foods, or (b)

return inventories with applicable reports to the AGENCY if a PROGRAM is terminated.

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

14

8. Funds received by the SPONSOR from sales of salvable containers or salvage of USDA Foods shall be

deposited in SPONSOR’s Non-Profit Food Service Account.

9. SPONSORs may elect to participate in the Food Distribution processing programs. Cost of the processing

and distribution of the end product will be incurred by the SPONSOR. Participants shall:

a. Follow federal and state procurement rules and regulations in purchasing end products not

bid by the AGENCY;

b. Release USDA Foods only to the AGENCY approved processor;

c. Maintain records to support purchase of processed commodity end products; and

d. Be held responsible to fulfill commitments to the AGENCY and processor.

10. The SPONSOR shall permit inspection by the AGENCY or DEPARTMENT personnel of the storage

facilities and any other areas used in handling USDA Foods. The SPONSOR shall also allow inspection of

all records including financial records pertaining to the USDA Foods.

11. FSMCs may use USDA Foods in the preparation of meals for eligible SPONSORs pursuant to a written

contract, which meets the requirements of 7 CFR part 250.12(c). If a FSMC is used, the SPONSOR will

submit a copy of the contract to the AGENCY annually. Contracts will ensure that:

a. Any donated food will be used only to benefit the SPONSOR’s feeding operation;

b. Proper inventory controls will be maintained;

c. All books and records of the FSMC pertaining to the feeding operation of the SPONSOR will be

available for the period indicated in Section M of this Agreement; and

d. The responsibility will be clearly defined for who (the SPONSOR or the FSMC) will be

accountable for the payments to be made to the distributor and commodity processors within sixty

(60) days of billing.

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

15

SPECIAL MILK PROGRAM AGREEMENT

(Applicable to those SPONSORs participating in Special Milk Program)

THE SPONSOR AGREES TO:

1. Operate a nonprofit milk service.

2. Submit claims for reimbursement and maintain a financial management system in accordance with procedures

established by the DEPARTMENT and the AGENCY.

3. Make no physical segregation or other discrimination against or overt identification of any child because of

his/her inability to pay the full price of the milk.

4. Make free milk available (if applicable) to all eligible children whenever it is provided under the Special Milk

Program.

5. Make maximum use of the reimbursement payments to reduce the price of the milk served to paying children

and maintain a nonprofit status (not applicable to non-pricing programs).

6. Claim reimbursement only for fluid types of milk as defined in 7 CFR part 215.2 served to children at the

assigned rate for the classification of paid (or free, if applicable) in accordance with 7 CFR parts 215.8 and

215.10.

7. Maintain full and accurate records of the PROGRAM operation including the number of half-pints of milk

served to children, the number of half-pints of milk served to adults and the number of half-pints of milk

served free to eligible children if free milk is provided.

8. Furnish a written statement of the policy followed in making determinations as to eligibility of children

receiving free milk. Such policy shall be consistent with the rules issued by the DEPARTMENT on this

subject (7 CFR part 245) (required only for pricing programs providing free milk to children).

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

16

CLEAN AIR/CLEAN WATER ACT COMPLIANCE (Applicable to SPONSORs receiving $100,000 or more in federal funds)

1. The SPONSOR agrees that any facility to be utilized in the performance of this Agreement is not listed on

the Environmental Protections Agency (“EPA”) List of Violating Facilities (the “List”) as of the date of

submitting this Agreement.

2. The SPONSOR further agrees that it shall not use any facility on the List in the performance of this

Agreement for the duration of the time that any such facility remains on the List.

3. The SPONSOR further agrees to notify the AGENCY if it intends to use in the performance of this

Agreement any facilities on the List or learns or knows that the facility being used has been recommended

to be placed on the List.

4. The SPONSOR additionally agrees that it shall, in the performance of this Agreement, comply with all

requirements of the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Clean Water Act (33 U.S.C. § 1251 et

seq.) including the requirements of section 114 of the Clean Air Act and Section 308 of the Clean Water

Act and all applicable Clean Air standards and Clean Water standards.

5. The SPONSOR further agrees that it shall comply with all applicable standards, orders or requirements

issued under Section 306 of the Clean Air Act (42 U.S.C. § 7606), Section 508 of the Clean Water Act (33

U.S.C. § 1368), Executive Order 11738 and EPA regulations found in 40 CFR part 15 (which prohibit the

use of facilities on the List). In addition to notifying the AGENCY of facilities to be used which are on the

List, SPONSOR also agrees to notify the EPA Assistant Administrator for Enforcement.

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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

17

CERTIFICATION PAGE (Applicable to SPONSORs with governing boards only;

must be completed and signed before signature page.)

INSTRUCTIONS: The following information must be inserted into the Certification Section below.

(1) County in which the governing board is located.

(2) Name of governing board member authorized to sign this certification page.

(3) City in which governing board meeting regarding the Food Program Permanent Service Agreement was held.

(4) Date of governing board meeting.

(5) Legal title of the SPONSOR’s governing board; current year.

(6) Name of designated official who will be signing the Food Program Permanent Service Agreement (same designated

official as on line 1 of the signature page of this Agreement).

(7) Signature of governing board member (same name as on line (2) of this certification page).

Please note that a governing board member cannot designate himself or herself as the Designated Official.

CERTIFICATION

State of Arizona )

County of (1) ______________________ )

I, (2) ________________________________________, the duly appointed or elected and qualified

Name of Governing Board Member

member of, and acting on behalf of the governing board, do hereby certify that during a regular meeting held in (3)

_______________________ Arizona, on (4) _________________________, this governing board, by motion made, seconded

and carried, approved and authorized execution of an agreement between the (5)

___________________________________________________ and the State Board of Education (BOARD) for the purpose of

participating in the National School Lunch Program, School Breakfast Program, and/or Special Milk Program, for the period

beginning July 1, 2014.

(6) _____________________________ has been designated by the governing board to sign this Agreement.

Name of Designated Official (Cannot be the same as (2) above)

I further certify that this meeting was duly noticed, called and convened and was attended by a majority of the members of the

governing board and that approval has not since been altered or rescinded.

(7) ________________________________________________

Signature of Governing Board Member (Same as (2) above)

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Typewritten Text
Maricopa
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Typewritten Text
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Typewritten Text
Dr. Kathryn Shelton
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Typewritten Text
Buckeye Monday, September 8, 2014
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Typewritten Text
Liberty Elementary School District No. 25
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Typewritten Text
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Typewritten Text
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Typewritten Text
Juan Ceja
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ARIZONA DEPARTMENT OF EDUCATION Health and Nutrition Services

1535 West Jefferson Street

Phoenix, Arizona 85007

FOOD PROGRAM

PERMANENT SERVICE AGREEMENT Revised Summer 2014

18

SIGNATURE PAGE

AGREED TO AND SIGNED:

1. ____________________________________ _____________________________________________

(Print or Type Name and Title) (Signature of Designated Official if applicable)

[Same as item (6) on Certification Page]

____________________________________ _____________________________________________

(SPONSOR) (Date)

Address _____________________________________________________________________________

OTHER AUTHORIZED SIGNATURES

2. ____________________________________ _____________________________________________

(Print or Type Name and Title) (Signature)

3. ____________________________________ _____________________________________________

(Print or Type Name and Title) (Signature)

4. ____________________________________ _____________________________________________

(Print or Type Name and Title) (Signature)

FOR OFFICIAL USE ONLY

STATE BOARD OF EDUCATION

____________________________________________________________________________________

(Superintendent of Public Instruction or Designee) (Date)

1535 West Jefferson, Phoenix, Arizona 85007

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Typewritten Text
Juan Ceja, Executive Director of Support Services
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Typewritten Text
Liberty Elementary School District No. 25 September 8, 2014
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Typewritten Text
19871 West Fremont Road, Buckeye, AZ 85326
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Typewritten Text
Andrew L. Rogers, Ed.D, Superintendent
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Typewritten Text
Kelley Baysinger, Director of Finance
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LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the Arizona Assessment Collaborative (AzAC) IGA.

SUBMITTED BY: Ms. Baysinger SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.9.

Page 1 of 1

BOARD MEETING OF: September 15, 2014

TITLE OF AGENDA ITEM: Approval of Intergovernmental Agreement (IGA) - Arizona Assessment Collaborative (AzAC)

ITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

A.R.S. 15-342(13) FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

The Arizona Assessment Collaborative (“AzAC”) is comprised of nineteen school districts who work together in the area of assessment to accomplish collaboratively what none of them can do alone. This collaborative is committed to provide a quality cost-effective assessment program that provides formative and summative data which allows participating districts to make informed decisions to improve instruction in their classrooms. This data is imperative to providing a high-quality education to all students. The purpose of this agreement is to provide for the joint and cooperative services to the member school districts. These joint and cooperative assessment services include, but are not limited to, the following:

Development of high quality, technically sound assessments based on the Arizona Academic Standards; Production of test materials and score reports; Provision of data analysis, including the generation and use of assessment results to monitor the curriculum to improve teaching and

learning; Implementation of professional development training to include assessment development, use and interpretation of data, relationships of

assessment to curriculum and instruction, and the use of assessments to improve schools through informed decision-making; Procurement of materials, supplies, equipment, consulting and contracted services; Establishment of program budget to facilitate the activities of the collaborative; and, Employment of temporary or part-time personnel.

Upon approval by the Governing Board and final review by the County Attorney, the District will execute and return the agreement to the Madison School District.

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AzAC Intergovernmental Agreement Page 1 of 20

Arizona Assessment Collaborative

INTERGOVERNMENTAL AGREEMENT 2014-2015

This agreement is entered into among the school districts listed in Appendix A as a joint exercise

of their respective powers pursuant to A.R.S. § 11-952, A.R.S. § 15-342 and A.R.S. § 15-213.

Purpose of the Collaborative

The Arizona Assessment Collaborative (“AzAC”) is comprised of a group of school districts

who work together in the areas of assessment and professional development to accomplish

collaboratively what none of them can do alone.

This collaborative is committed to provide quality cost-effective assessment programs and

professional development opportunities which allow participating districts to make informed

decisions to improve instruction in their classrooms. These programs and opportunities are

imperative to providing high-quality education to all students. The purpose of this agreement is

to provide for the joint and cooperative services to the member school districts. These joint and

cooperative services include, but are not limited to, the following:

Development of high quality, technically sound assessments based on the Arizona

Academic Standards;

Production of test materials and score reports;

Provision of data analysis, including the generation and use of assessment

results to monitor the curriculum to improve teaching and learning;

Implementation of professional development;

Procurement of materials, supplies, equipment, consulting and contracted services;

Establishment of program budget to facilitate the activities of the collaborative; and,

Employment of temporary or part-time personnel.

Collaborative Members

Founded as the Western Maricopa Collaborative (WMC) in the fall of 1997, the original group

included twelve school districts in the western and central part of greater Phoenix in Maricopa

County. A list of the current school district members is provided in Appendix A. This

collaborative shall be composed of the parties to this agreement and other governmental entities

as they are added to this agreement by written amendment.

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AzAC Intergovernmental Agreement Page 2 of 20

AzAC Executive Board

AzAC will establish a Board called the AzAC Executive Board (hereinafter “Board”).

The Board will consist of designated representative(s) from each district, and each district will be

entitled to one vote. Issues will be decided by majority vote of the Board. Other educational and

governmental agencies may attend meetings, but will have no voting rights.

The Board will select a Chairperson. The Chairperson will be responsible for establishing

meetings, schedules, agenda and necessary record keeping.

Under the auspices of this agreement, the Board shall approve all programs and activities prior to

implementation and shall approve all expenditures incurred for all contracted services to

accomplish the goals established by the Board. The Board shall exercise all decision making

powers regarding the implementation of this agreement.

The Board will adopt a revenue budget and a fee schedule.

Finance and Budget

Member school district Madison School District (hereafter “MSD”) shall serve as fiscal agent in

accordance with A.R.S. 11-952.

MSD agrees to be responsible for all accounting, audit and contracted services required by this

agreement including the following duties and responsibilities:

1. Establishment of an operational fund to equal $500 base membership fee plus $ 00.20 per

student based on ADM, per previous year 100th day ADM in grades K – 8 for each

member school (hereinafter “operational fund”).

2. Preparation and distribution of normal and customary financial reports and provide

copies of the same to the Board.

3. Control of all accounting functions and activities including maintenance of records,

revenue and disbursements

4. Administration of all bidding and purchasing of supplies and equipment in conformity

with all applicable statutes and regulations governing such activities.

The parties shall contribute funds to the operational fund in accordance with Appendix C, a copy

of which shall always be available to the office of the fiscal agent. Appendix C lists contributions

by member schools for 2014-2015 as determined by utilizing the formula set forth in subsection

(1) above..

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AzAC Intergovernmental Agreement Page 3 of 20

Parties to this agreement authorize MSD to retain 3.5% of the total yearly operational fund (dues

collected for that fiscal year) for reimbursement for serving as fiscal agent of AzAC.

Yearly disposition of cash balance shall be calculated as follows:

A. Cash balance may be expended in a manner consistent with purpose of this

Intergovernmental Agreement upon approval of the Board.

B. The districts shall receive their pro-rata share of the remaining cash or be credited for

the next fiscal year, after all encumbrances and obligations have been paid, using the

same percentage of the total revenue that was contributed by each district. Upon

approval of the Board, the remaining cash balance may also be carried forward to the

next fiscal year.

Duration of the Agreement

The initial term of this agreement shall be for one year. This agreement will automatically renew

for subsequent terms of one year unless the Collaborative is dissolved. The commitments and

obligations of the district members are intended to be in effect for the entire school year during

each year in which this agreement is in effect.

The Collaborative may be dissolved at any time by a majority vote of the Board. Dissolution

shall have the effect of terminating this agreement with regard to all parties. Dissolution shall

not be effective until all existing financial obligations are satisfied. If the Board votes to dissolve

the Collaborative, all real and personal property (e.g. Intellectual Property) shall be promptly

sold according to the procedures set forth in the School District Procurement Rules and any

funds remaining after all financial obligations are satisfied shall be returned to the member

Districts in proportion to each District’s financial contribution during the fiscal year in which

dissolution occurs.

A member District may withdraw from the Collaborative and cease to be a party to this

agreement at the end of any fiscal year, provided that written notice of a District’s intention to do

so is provided to MSD at least sixty (60) days prior to the end of the fiscal year. A member

District that withdraws from the Collaborative shall not be entitled to a return of any funds it has

contributed, except that if a cash balance remains at the end of the fiscal year in which the

District withdraws and that balance is disbursed to member Districts, the withdrawing District

shall receive its pro-rata share of such disbursement.

Commitments and Obligations

Commitment of the District Superintendent and AzAC Coordinator(s). The commitment and

support of the districts’ superintendents as well as the districts’ AzAC coordinators (i.e., Director

of Curriculum and Instruction, and/or Assessment) are critical to the functioning, effectiveness,

and quality of the products, activities, and professional development events of the AzAC.

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AzAC Intergovernmental Agreement Page 4 of 20

Districts may wish to select two representatives to serve as Coordinators to provide for

continuity of participation in AzAC when transitions occur in the district.

● The district pledges the commitment and support of its superintendent and the district

coordinator(s) to the AzAC.

Commitment of Teachers, Support Personnel, and Facilities. In pursuing the priorities

indicated above the commitment of each district of important participants, support, and facilities

is crucial to the work of the Collaborative.

● The district commits to the involvement of the following in the assessment

development and production processes:

o teachers to assist in the development process;

o other participants, e.g., technical, secretarial/clerical support personnel;

o use of facilities such as meeting rooms, computer labs for meetings and

workshops.

● The district assumes the responsibility of developing participant awareness of and

support for the Collaborative’s efforts related to the projects in which it participates.

● The district agrees to provide the release time needed for full participation in the

Collaborative’s projects and events. The district coordinator(s) will attend all

Collaborative meetings; teachers will attend all project development sessions and

complete the assigned tasks.

● The district further agrees to provide teacher stipends or other means for remunerating

participants as needed.

Fulfillment of Financial Obligations. A major advantage of Collaborative membership is the

reduction of costs for the group’s projects and professional development events. Each district

pays for its costs directly to the vendor. The cost of the product or service by all participating

districts in the Collaborative is dependent on each district meeting its financial obligations in a

timely matter.

The financial obligations of members include:

o Periodic in-kind sharing of costs for participating in voluntary professional

development activities;

o The district agrees to share the costs of the Collaborative’s projects. These costs shall

not exceed the amount each district contributes to the operational fund of the

Collaborative.

o The district agrees to fulfill its financial obligations in a timely manner.

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Commitment of AZAC Cooperating District related to AZAC Item Server

Pursuant to the terms of this agreement, in regard to the AZAC Item Server:

The technology equipment placed in the Cooperating AZAC District will remain there as

long as the district is:

under contract with the AZAC;

fully participating in AZAC; and

meeting the terms of this IGA.

1.10. The equipment will be tagged with the Cooperating AZAC District’s property

identification number.

1.11. The Cooperating AZAC District will be responsible for the security, maintenance and

support of the technology equipment. In general, the Cooperating AZAC District agrees

to treat the AZAC equipment as the district would other equipment in the district’s

possession. In particular, the Cooperating AZAC District agrees to:

a) restrict the usage of the AZAC technology equipment to AZAC databases and

software;

b) maintain insurance on the equipment;

c) replace stolen or broken equipment (not covered by service warranties);

d) monitor and maintain the proper functioning of the technology equipment

including:

o Prompt trouble shooting support

o Prompt communication with AZAC Chair and AZAC District Coordinators.

1.12. During the IGA period, service contracts (project-funded) will cover the AZAC

technology equipment at the AZAC Cooperating District. In regard to service and/or

trouble shooting support for the AZAC technology equipment, AZAC Cooperating

District agrees to the following protocol:

a) The AZAC Cooperating District will designate a technology specialist to become

intimately familiar with and oversee the equipment. This person will provide

his/her name and contact information to the AZAC Chair and AZAC District

Coordinators. This person is the first-line contact should the equipment fail to

perform properly.

b) If the designated AZAC Cooperating District technology specialist is unable to

provide solutions, he/she will immediately contact the AZAC Chair and AZAC

District Coordinators to support the AZAC technology equipment.

c) If the AZAC Cooperating District and AZAC Chair and AZAC District

Coordinators are unable to provide solutions, they will immediately contact the

technology service representatives for the equipment manufacturer and/or vendor.

1.13. Ensure sufficient bandwidth and communication access: The AZAC Cooperating District

is expected to provide a T1 AND an IP connection. As a backup, should the T1 line

temporarily go down, the AZAC Cooperating District will ensure a dependable IP

connection of at least 384 Kilobits of bandwidth. In addition, the AZAC Cooperating

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District agrees to ensure that there are no impediments (e.g., firewall issues) to the IP

connection. The AZAC Cooperating Districts will work together to ensure mutually

agreeable security measures related to firewalls.

1.14. If the terms of this IGA are met by the AZAC Cooperating District during the grant

funding period, then AZAC will, at the end of the grant, transfer ownership of the AZAC

technology equipment located within AZAC Cooperating District to AZAC Cooperating

District . If the AZAC Cooperating District does not meet the terms of this agreement, it

agrees to fully cooperate in the removal of the equipment by agents of the AZAC.

Collaborative Products and Access to Products AzAC Collaborative Products. Since the fall of 2000, the Collaborative has developed several

assessments. These products include:

• Reading Assessments based on the Arizona Standards

-Summative Tests (SECURE) for grades 2, 4, 6 and 7 in English and Spanish

-Diagnostic tests (SECURE) for grades 3 through 7 in English and Spanish

-Form A, B and C (SECURE) for grades 2 through 8

-K-1 Reading Assessment Tool Kit

• Mathematics Assessments based on the Arizona Standards

- Summative Tests (SECURE) for grades 2, 4, 6 and 7 in English and Spanish

- Formative Testlets (NON-SECURE) for grades 2 through 8 in English

• Science

- # items per PO 4-8th

grade

- FORM A 4TH

and 8th

grade

• AZACELLA

- AZELLA Clone based on ELP Standards

Preliteracy Booklets

Primary Booklets

Elementary Booklets

Middle School Booklets

• Assessment Materials

- Test Booklets

- Teacher Test Administration Manuals for English and Spanish versions

- Answer Sheets

- AzAC Item Banks accessible by the CTB Classroom Manager software

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Access to Collaborative Products. The Collaborative has focused its assessment development

work in the areas of reading, mathematics, writing, science and English language acquisition.

Development contributions have included one or more of the following:

The involvement of teachers and district curriculum consultants in the assessment

development process (basic requirement);

The cost of the development of score reports and other testing materials;

The cost of Classroom Manager training for Collaborative members;

The production of camera-ready tests for printing booklets.

Use of the Assessments and Materials. The assessments and administration materials were

designed to be used for the summative, formative, and diagnostic purposes indicated. They

should be used for these purposes and administered under the testing conditions for which they

were designed.

● The district agrees to use the assessment materials according to the assessment

purposes and testing conditions for which the tests were designed.

Test Security. The same test security procedures used for the Stanford 10 and AIMS test will be

observed.

● The district and participants agree to maintain the security of the tests indicated

above. Security expectations and procedures akin to those for the AIMS tests will be

observed. In particular, the following measures are required:

o All test booklets will be accounted for and stored in a secured district

facility;

o Administrators will sign a test security oath;

o Teachers will keep the test booklets in a secure place in the classroom

during the administration when booklets are not being used.

Collaborative Database. To help develop assessment achievement benchmarks, the

Collaborative has developed a database that includes all districts that administer the assessments.

The data are analyzed and results are reported only for the group as a whole. The Collaborative

will not release assessment results by district or for district comparisons. If districts wish to

share their results with other districts, it should be done independently.

● The district agrees to contribute its assessment results to the Collaborative’s database.

Data Sharing Requirements

Purpose of Data Sharing Requirements: This section of the Intergovernmental Agreement

defines the terms and conditions for the access, exchange, utilization, and publication of student-

level, individually identifiable, assessment, demographic, and programmatic information among

members of the Arizona Assessment Collaborative for the following purposes: (1) conducting

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technical analysis of AzAC assessments in order to improve their reliability, validity and overall

quality, (2) conducting research relevant to the mission of the Collaborative, (3) providing

opportunities for staff development in the areas of assessment development, curriculum

development, and instructional improvement, and (4) research activities targeted to the general

improvement of student learning within Collaborative member districts.

Definitions:

Agency – Any person, persons, organization or school district.

Student Identifiable Information – Any piece of information or data which allows for

the identification, either directly, or through an indirect process which leads to the

direct identification, of an individual student by name or personage.

Data Sharing – the access, exchange, utilization, and conditions for publication of

assessment, demographic, and/or other student identifiable information required within

the scope of a defined research activity.

AzAC Member/Member – Member districts of the Arizona Assessment Collaborative

as recognized by signed authority of this Intergovernmental Agreement.

Data Sharing Agreement - A written, authorized Agreement between the relevant

parties which outlines the specific scope of work for which the access, exchange, and

utilization of student-identifiable information is required. The Data Sharing Agreement

is set forth in Appendix C and must be completed by each participating member of the

Arizona Assessment Collaborative.

Scope of Work: The specific purpose, conditions, and outcomes detailing the need for

which an Agreement is necessary including all persons who will have access to the

student-identifiable information.

Confidentiality – the prevention of the unauthorized release of student identifiable

information to persons not specifically identified within the scope of work on the

originating Agreement.

Data Processing – any and all manipulation of information or data through either

electronic and/or non-electronic means including written, verbal, and electronic formats

pertaining but not limited to the input, verification, organization, storage, retrieval,

transformation, exchange, publication, and extraction of information or data.

Primary Custodian – The person or persons within an agency who have the authority

to approve the sharing of student identifiable information or data referenced in the

Agreement.

Secondary Custodian – The Secondary Custodian is identified as the signatory on the

Agreement and specifies the person or persons in receipt of information or data from

the Primary Custodian including all those who will have access to and use of student-

identifiable information. Each signing Secondary Custodian assumes all responsibilities

set forth in the Agreement.

FERPA – Family Educational Rights and Privacy Act (aka the Buckley Amendment)

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Benefits of Data Sharing:

Members of the Collaborative who participate in the Agreement acknowledge that the free

exchange of assessment and related information acts to: Increase the professional knowledge of AzAC members through establishment of

collaborative research projects, and the publication/sharing of findings;

Reduce the individual member’s cost of conducting collaborative research activities;

Improve the quality of research projects;

Reduce the duplication of effort to conduct research activities;

Ensure equal access to research information among Collaborative members;

Provide for the general improvement of AzAC assessments;

Provide opportunities for professional development of AzAC members; and,

Contribute to the overall improvement of student learning through support of quality

research projects.

Member Responsibilities:

AzAC members agree to share information with other members of the Collaborative under the

conditions set forth in this Agreement. As part of this Agreement, all members agree to: Maintain the confidentiality of all information obtained from Primary Custodian(s);

Follow any and all conditions regarding the handling, processing, and/or reporting of

information as requested by the Primary Custodian(s);

Share all findings of research projects with Primary Custodian(s) supplying

information; and,

Acknowledge the Primary Custodians in all publications using shared information.

Central Data Sharing Agent:

As part of establishing the AzAC Data Sharing Agreement, members agree to identify a central

Data Sharing Agent who will be charged with processing requests for information sharing and

monitoring the location and disposition of any and all shared information. The Central Data

Sharing Agent is responsible for maintaining records on the locations of all student-identifiable

information that has been shared under an Agreement. All applications for shared data will be

processed through and kept on file with the Central Data Sharing Agent. All members agree that

they must immediately provide full accounting of the location, status, and utilization of student

identifiable information upon request of the Collaborative Central Data Sharing Agent.

Data Confidentiality, Release of Information and Disclosures:

The following items outline the specific responsibilities and warrants agreed to by the Secondary

Custodian for the use of student-identifiable information:

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Data Confidentiality and Release of Information

Authority for the utilization, processing, reproduction, or reporting of student-

identifiable information is limited to the activities specified in the project scope of work

presented on the authorizing Agreement. Any additional utilization, processing,

reproduction, or reporting of student-identifiable information outside the scope of work

is expressly forbidden without the written consent of the data’s Primary Custodian(s).

No student-identifiable information may be manually or digitally copied, reproduced,

or transmitted in any form, or by any means, including but not limited to, electronic,

mechanical, recording, scanning, or by any information retrieval system without the

expressed consent and understanding of the Primary Custodian.

All Secondary Custodians agree to comply with all conditions and stipulations set forth

under the federal Family Education Rights and Privacy Act (FERPA).

All Secondary Custodians agree to comply with all federal and state laws and

guidelines regarding the release of personally identifiable information.

All Secondary Custodians agree that no student-identifiable information will be

transferred beyond those persons explicitly identified in the Agreement as having

authorization to view or utilize the information.

All Secondary Custodians agree not to release any agency-specific information without

prior consent of each agency’s Primary Custodian.

No Secondary Custodian may act as Primary Custodian for information which does not

originate within the Secondary Custodian’s jurisdiction.

Only the persons identified under this agreement as Secondary Custodians are

permitted to have access to, view, or utilize student-identifiable information.

Assignments of this privilege are not permitted in any form under the terms of this

Agreement without prior disclosure and approval of the Primary Custodian.

Disclosures: The following disclosures must be provided:

Provide the justifying purpose for requesting and requiring student-identifiable

information.

List all forms, formats, and methods that student-identifiable information will be (1)

maintained, (2) manipulated/utilized, and (3) reported. [i.e. Scope-of-Work]

List all individuals that will have access to, or be in review of, student-identifiable

information. [i.e. Secondary Custodians]

Provide signatures of all individuals that will have access to, or be in review of,

student-identifiable information. These signatures serve to acknowledge that each

person has read and fully understands the terms of the Agreement and the associated

responsibilities for utilizing student-identifiable information.

Describe the procedures, methods, locations, and/or safeguards that will be

implemented to prevent the release of individually identifiable information.

State the retention period that the student-identifiable information will be maintained.

State the method and/or process that will be utilized to destroy any and all student-

identifiable information at the end of the established retention period.

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Notification of Data Destruction: Secondary Custodians must provide to each Primary

Custodian formal written notification that the student-identifiable information received from the

Primary Custodian has been destroyed, the method of this destruction, and assurance that none of

the originally authorized student-identifiable information remains intact in any form.

Amendment of Data Sharing Requirements: Data Sharing Requirements may be amended

only through written agreement between the Primary and Secondary Custodians.

Future Roles for WestED and ASU (Arizona State University)

WestED and ASU (Arizona State University) will provide technical assistance in the area of

assessment, such as consultation and training in standard setting, understanding and using test

results, validity studies which investigate the relationship between the AzAC assessments and

the AIMS tests, reviewing K-2 primary assessments, etc.

Assignments

No part of this Agreement may be assigned to any agency not a party to this Agreement without

the written consent of all parties.

Entire Agreement

This Agreement contains the entire understanding of the parties hereto. There are no

representations or other provisions other than those contained herein, and any amendment or

modification of this Agreement shall be made only in writing and signed by the parties to this

Agreement. This Agreement may be signed individually by each participating school district in

separate counterparts and such signatures shall be construed so as to include the entire

Agreement among and between the parties.

Severability

The parties agree that should any part of this Agreement be held to be invalid or void, the

remainder of the Agreement shall remain in full force and effect and shall be binding on the

parties.

Conflict of Interest Cancellation

As required by A.R.S. § 38-511, the parties acknowledge and agree that either party may, within

three years after its execution, cancel this contract, without penalty or further obligation, if any

person significantly involved in initiating, negotiating, securing, drafting or creating the contract

on behalf of either party is, at any time while the contract or any extension of the contract is in

effect, an employee or agent of any other party to the contract in any capacity or a consultant to

any other party of the contract with respect to the subject matter of the contract.

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Governing Law

This Agreement shall be construed under the laws of the State of Arizona and shall incorporate

by reference all laws governing the intergovernmental agency agreements and mandatory

contract provisions of state agencies required by statute or executive order.

Dispute Resolution

If there is a dispute, which is the subject of mandatory arbitration provisions of A.R.S. § 12-133,

the parties shall submit the matter to binding arbitration in compliance with A.R.S. § 12-1518.

Conflict Waiver

By signing this Agreement the School District acknowledges that it is aware that multiple parties

may be represented with regard to this Agreement by the Civil Division of the Maricopa County

Attorney’s Office and/or private counsel and the School District waives any conflict of interest

which may be created thereby.

Hold Harmless.

To the fullest extent permissible under Arizona law, the districts shall defend and hold harmless

the other districts, their agents, representatives, officers, directors, officials, employees, and

volunteers from any acts relating to, arising out of, resulting from or alleged to have resulted in

this agreement

E-verify, Records and Audits.

To the extent applicable under A.R.S. § 41-4401, the parties and their respective subcontractors

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 a subcontractor’s breach of the above-mentioned warranty shall be deemed a material breach

of this Agreement and may result in the termination of this Agreement by a non-breaching party

under the terms of this Agreement. The parties each retain the legal right to randomly inspect the

papers and records of the other parties and the other parties’ subcontractors who work under this

Agreement to ensure that the other parties and their subcontractors are complying with the

above-mentioned warranty. The parties warrant to keep their respective papers and records open

for random inspection during normal business hours by the other parties. Each party and its

respective subcontractors shall cooperate with the other parties’ random inspections including

granting the inspecting party entry rights onto their respective properties to perform the random

inspections and waiving their respective rights to keep such papers and records confidential.

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Scrutinized Business Operations.

Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, the parties each certify that they do not have

scrutinized business operations in Sudan or Iran. For the purpose of this subsection the term

“scrutinized business operations” shall have the meanings set forth in A.R.S. § 35-391 or 35-393,

as applicable. If a party determines that another party submitted a false certification, the party

making such determination may impose remedies as provided by law including terminating this

Agreement.

Indemnification

Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as

"Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including

reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily

injury of any person (including death) 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.

Notices

All notices under this Agreement shall be in writing and shall be sent to the designated

representative of the parties at the addresses set forth in Attachment A, and shall be deemed to

have been duly given on the date of service if sent facsimile (provided a hard copy is sent in one

of the manners specified herein), or on the day following service if sent by overnight courier

service with next day delivery and with written confirmation of delivery, or five (5) days after

mailing if sent by first class, registered or certified mail, return receipt requested.

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth

below.

“Enter School District Name Here”

Superintendent Date

INTERGOVERNMENTAL DETERMINATION

In accordance with A.R.S. § 11-952, the foregoing Agreement has been reviewed by the

undersigned attorneys who have determined that said Agreement is in proper form and is within

the powers and authority granted to the public body represented by their respective attorneys.

Attorney for the School District Date

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Appendix A

Arizona Assessment Collaborative District Members List

Avondale Elementary School District

Buckeye Elementary School District

Creighton Elementary School District

Fowler Elementary School District

Glendale Elementary School District

Liberty Elementary School District

Litchfield Elementary School District

Madison Elementary School District

Osborn Elementary School District

Pendergast Elementary School District

Peoria Unified School District

Roosevelt Elementary School District

Saddle Mountain Unified School District

Union Elementary School District

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Appendix B

Application Form

AzAC Data Sharing Agreement

Student Identifiable Information

Overview and Directions: This form must be used when requesting access to student-

identifiable information from districts participating in the Arizona Assessment Collaborative.

The application form must be filled out in its entirety and submitted to each district from which

information is being requested. Completed applications containing all authorizing signatures

must be forwarded to the designated AzAC Central Data Sharing Agent.

Authorizing Signatory: This agreement is executed by and between the following agencies on

authority of the designated signatories for the access, exchange, utilization, and publication of

student-level, individually identifiable, assessment, demographic, and programmatic information.

This Agreement will commence on the latest date of signature from either party and remain in

effect until terminated by either party or at the designated date of termination specified in the

following section titled Duration of Agreement.

Authorizing Primary Custodian

(Agency): _______________________ Signatory: ___________________________ (Print Name)

Date: ___________________________ ______________________________ (Signature Date) (Signature)

Authorizing Secondary Custodian

(Agency): ________________________ Signatory: ___________________________ (Print Name)

Date: ___________________________ ______________________________ (Signature Date) (Signature)

Duration of Agreement: This agreement shall become activated upon the authorizing signatures

of both agencies. This agreement will terminate on ____________________. (Insert Termination date)

This Agreement shall remain in effect until such time as either party wishes to terminate the

Agreement or upon failure of either party to comply with any of the terms and conditions set

forth in this Agreement.

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Scope-of-Work

This section must be filled out by the Authorizing Secondary Custodian. The descriptions should

provide the Primary Custodian with a comprehensive review of the proposed project, rational for

requiring student-identifiable information, and the methods and procedures for utilizing the

information.

Introduction and Overview: Please provide a description of the proposed project requiring use

of AzAC member-district information.

Need for Identifiable Information: Please describe below the reasons that student-identifiable

information is required for this study. Be as specific as possible and indicate how the student-

identifiable information will be utilized.

Requested Data Sets: Please list or describe in detail the data sets containing student-

identifiable information being requested followed by a description of the elemental data items

necessary to conduct the proposed study.

Data Set: _________________________

Data Elements Description

Data Set: _________________________

Data Elements Description

(Attach additional sheets and descriptions as necessary)

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Data Processing: Please describe below the types of data processing activities that will be

performed with regard to the requested student-identifiable information.

Reporting: Please describe how information from this study will be reported, utilized, or

otherwise disseminated?

Disposition of Student-Identifiable Information: At the completion of the proposed project or

at the date that this agreement is terminated, please describe the process and conditions under

which the student-identifiable information will be either returned or destroyed.

Data Confidentiality: Please describe the procedures, methods, locations, and/or safeguards that

will be employed to prevent the unauthorized disclosure of student-identifiable information.

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Secondary Custodians

List below all persons (custodians) who will have access to, utilize, or otherwise come in contact

with the requested student-identifiable information. Each custodian must provide a signature

testifying that they have read and understand all terms and conditions specified under this

Agreement and warrant their acceptance of all stipulations.

Name Title/Agency Signature

1.

2.

3.

4.

5.

6.

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Appendix C

Member Contributions 2014-2015

Member: Contribution:

Avondale Elementary School District $1,503.96

Buckeye Elementary School District $1,355.25

Creighton Elementary School District $1,654.95

Fowler Elementary School District $1,317.30

Glendale Elementary School District $2,907.26

Liberty Elementary School District $706.19

Litchfield Elementary School District $1,847.84

Madison Elementary School District $1,542.42

Osborn Elementary School District $1,010.22

Pendergast Elementary School District $2,240.96

Peoria Unified School District $4,747.55

Roosevelt Elementary School District $2,195.76

Saddle Mountain Unified School District $620.39

Union Elementary School District $829.97

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LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the Intergovernmental Agreement for Specialized Education Services between Buckeye Union High School and Liberty Elementary School District.

SUBMITTED BY: Ms. Baysinger SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.10.

Page 1 of 1

BOARD MEETING OF: September 15, 2014

TITLE OF AGENDA ITEM: Approval of Intergovernmental Agreement (IGA) - Buckeye Union High School for Specialized Education Services

ITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

A.R.S. 15-341 / 15-342 FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

Approval is hereby requested for the Intergovernmental Agreement with Buckeye Union High School for Alternative Education Services for the fiscal year 2014-2015. Buckeye Union High School operates a program for students who require alternative and special education services. The Intergovernmental Agreement allows the Liberty School District to utilize Buckeye Union High School’s Educational Program as a placement option for Liberty students who require alternative and special education services. Utilization of the program will be used for those students whose special needs cannot be met at our District. The cost for the program services will be variable due to the nature of the needs and services required. The annual cost to participate in the program for last fiscal year was $11,032. Upon approval by the Governing Board, the District will execute and return the agreement to the Buckeye Union High School District.

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LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the Intergovernmental Agreement (IGA) with Tolleson Elementary School District as presented.

SUBMITTED BY: Ms. Baysinger SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.11.

Page 1 of 1

BOARD MEETING OF: September 15, 2014TITLE OF AGENDA ITEM: Approval of Intergovernmental Agreement (IGA) - Tolleson Elementary School DistrictITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

Request is hereby made for approval of the attached Intergovernmental Agreement between the Liberty Elementary School District (LESD) and Tolleson Elementary School District (TESD). TESD has developed Multiply Disabled, Emotional Disturbed and Socio-Academic Programs designed to provide special educational services to children who qualify for services under the Individuals with Disabilities in Education Act (IDEA) or other applicable criteria; and who need a special education placement in such a program according to the decision of their individualized education program team (IEP Team). LESD currently has one or more students that will benefit from placement and educational service in the Programs offered by TESD. The purpose of this Agreement is to allow TESD to provide specialized educational service to Special Education (multiply disabled, mild to severe mentally disabled, autistic and emotional disturbed) students who reside within the boundaries of LESD and to establish working procedures between TESD and LESD to provide transportation services for the multiply disabled and/or emotional disturbed students.

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247665.1 6/11/2014

INTERGOVERNMENTAL AGREEMENT BETWEEN TOLLESON ELEMENTARY

SCHOOL DISTRICT NO. 17 AND LIBERTY ELEMENTARY SCHOOL DISTRICT

NO. 25 FOR PLACEMENT IN THE TOLLESON ELEMENTARY SCHOOL

DISTRICT MULTIPLY DISABLED, EMOTIONAL DISTURBED OR FUNCTIONAL

ACADEMIC PROGRAMS

This Intergovernmental Agreement (the “Agreement”) is effective July 1, 2014

through June 30, 2015, between Tolleson Elementary School District No. 17, a political

subdivision of the State of Arizona (“TESD”), and LIBERTY ELEMENTARY SCHOOL

DISTRICT NO. 25, a political subdivision of the State of Arizona (“LESD”).

WHEREAS, TESD has developed Multiply Disabled, Emotional Disturbed and

Socio- Academic Programs (“Programs”) designed to provide special educational

services to children who qualify for services under the Individuals with Disabilities in

Education Act (“IDEA”) or other applicable criteria; and who need a special education

placement in such a program according to the decision of their individualized education

program team (“IEP team”).

WHEREAS, LESD, has one or more students that will benefit from placement

and educational services in the Programs offered by TESD.

WHEREAS, TESD and LESD are authorized to enter into intergovernmental

agreements for services pursuant to A.R.S. §§ 11-951 et seq., and 15-342(13).

THEREFORE, in consideration of the following mutual covenants and

conditions, TESD and LESD agree as follows:

I. Purpose. The purpose of this Agreement is to allow TESD to provide

specialized educational services to Special Education (multiply disabled, mild to severe

mentally disabled, autistic and emotional disturbed) students who reside within the

boundaries of LESD and to establish working procedures between TESD and LESD to

provide transportation services for the multiply disabled and/or emotional disturbed

students.

II. Evaluations; Placement Decisions; Discharge.

A. Evaluation. TESD has the sole discretion to determine whether a student

from LESD is an appropriate candidate for placement in the Programs. TESD has the

right to request and or review all IEP and evaluation information on any student prior to

accepting the student for placement. TESD also has the right to participate in the

development and implementation of the individualized education program (“IEP”) for

any child that LESD places in the Programs, prior to and during the child’s placement in

TESD.

B. Placement Decisions. TESD retains the sole discretion to determine the

ongoing appropriateness of any student’s placement in the Programs. TESD will exercise

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reasonable efforts to provide appropriate educational services to any child(ren) from

LESD unless the Programs have reached maximum capacity. If, at any time, TESD

determines that the Programs are not an appropriate placement for any student from

LESD, TESD will notify the LESD of its intent to discharge the student from the

Programs. LESD will have thirty (30) calendar days to identify an appropriate placement

for the student. TESD will assist LESD in transitioning the student to another more

appropriate placement. LESD agrees and understands that TESD may discharge the

student from the Programs after providing thirty (30) calendar days notice to LESD,

regardless of whether LESD has identified an alternative placement for the student.

Current Staffing. LESD shall reimburse TESD for two (2) paraprofessionals, who will be

employees of TESD and will work on the TESD campuses with the LESD-referred

students. LESD’s obligation to reimburse TESD shall be limited to the paraprofessionals’

salaries, not to exceed $22,500 per individual; the paraprofessionals’ employment

benefits, other than health benefits, not to exceed 20 percent of each individual’s base

salary; and the paraprofessionals’ health benefits, not to exceed $4,000 per individual.

TESD assumes all responsibility for any additional costs incurred in connection with the

paraprofessional employees. Paraprofessionals will work only on days scheduled in the

paraprofessional work calendar. If additional paraprofessional services are requested by

LESD, and if TESD agrees to provide such services, the parties shall agree in writing to

the payment terms for such services. In the event that either party terminates this

agreement pursuant to section VII of this agreement, LESD's reimbursement obligation

shall be prorated through the effective date of the termination.

C. TESD may discharge a student immediately if, in the opinion of TESD,

the health, welfare, and safety of the student and/or others cannot be maintained/ensured

even with adjunctive services and/or the student’s behavior presents a clear and present

risk to the health, welfare, and safety of the student and/or others.

III. Additional Responsibilities of TESD. It is further agreed that TESD will ensure

that Special Education students from LESD are provided a free and appropriate public

education (“FAPE”), including development and implementation of an IEP, as required

by IDEA. TESD will include a representative of LESD in all IEP meetings for students

placed at TESD and will provide notice of each IEP meeting to LESD via email or U.S.

mail at least ten (10) days in advance of the meeting, or as soon as reasonably possible

for meetings involving urgent matters such as health, safety, or problem behaviors.

TESD agrees to cooperate with LESD to provide Special Transportation to and

from the Programs for the Special Education students that are enrolled in TESD, but who

reside within the LESD boundaries.

IV. Additional Responsibilities of LESD. It is further agreed that LESD shall provide

transportation to its Special Education students.

LESD will ensure that its Special Education students, who reside within the

LESD boundaries and are placed in TESD Programs, have access to a free and

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247665.1 6/11/2014

appropriate education by providing special transportation to and from the Programs daily,

or as specified in the respective IEP.

LESD will cooperate with TESD to coordinate special transportation for LESD

Special Education students based on the TESD school calendar and each student’s

respective IEP.

V. Tuition; Costs; Payments. The parties agree that no tuition will be owed or paid for

the enrollment of LESD Special Education students. Each school district will bear its

own costs with respect to these students. Specifically, LESD agrees to pay all

transportation costs for all of its students.

VI. Term. The term of this Agreement shall be from July 1, 2014, to June 30, 2015,

unless it is sooner terminated pursuant to the terms contained herein. This Agreement

may be renewed only by the mutual written consent of the parties for additional one-year

terms.

VII. Termination. In addition to any lawfully available remedies for breach of this

Agreement, this Agreement may be terminated by either party with or without cause 30

days after written notice is provided.

VIII. Cancellation. Each party reserves all rights that it may have to cancel this

Agreement for possible conflicts of interest under A. R. S. § 38-511.

IX. Non-appropriation. Each party reserves the right to cancel the Agreement should

either party not receive funding for the Programs.

X. Assignment. Neither party may assign, sublet, mortgage, or encumber any right

or interest under this Agreement without the prior written consent of the other party,

which either party may withhold in its absolute and sole discretion.

XI. Notices. Any notice required or permitted under the terms of this Agreement

shall be personally delivered or mailed by certified mail, return receipt requested, address

as follows:

TO TESD: Tolleson Elementary School District No. 17

ATTN: Superintendent

9261 West Van Buren Street

Tolleson, AZ 85353

TO LESD: Liberty Elementary School District No. 25

ATTN: Superintendent

19871 W. Fremont Road

Buckeye, AZ 85326

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Any notice given by certified mail shall be deemed to have been received by the other

party on the date of the delivery notice.

XII. Severability. In the event that any provision of this Agreement is held invalid or

unenforceable by any court of competent jurisdiction, the remaining terms shall remain

effective, provided that the elimination of the invalid provision does not materially

prejudice either party with regard to its respective rights and obligations.

XIII. Time is of the Essence. Time is of the essence with regard to the performance of

all of the parties’ obligations under this Agreement.

XIV. Entire Agreement. This Agreement constitutes the entire agreement between the

parties concerning the matters relating to LESD’s placement of children within TESD’s

Programs, and supersedes all prior negotiations, understandings, and agreement between

the parties concerning such matters.

XV. Nondiscrimination. Each party agrees to comply with all applicable federal, state,

county, and city laws, ordinances and regulations governing the activity at TESD.

Neither party shall discriminate in its activity under this agreement against any worker,

employee, student, or any member of the public because of race, creed, color, religion,

sex, or national origin.

XVI. Indemnity. To the extent permitted by law, each party (as “Indemnitor”) agrees to

defend and hold harmless the other party (as “Indemnitee”) from and against any and all

claims, losses, liability, costs or expenses (including reasonable attorney’s fees)

(hereinafter collectively referred to as “claims”) arising out of bodily injury of any person

including death or property damage by 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.

XVII. No Strict Construction. This Agreement shall be interpreted and enforced

according to the fair meaning of its terms and shall not construed strictly in favor of or

against either party, regardless of which party may have drafted any of its provisions.

XVIII. No Joint Venture. This Agreement is not intended to and will not constitute,

create, give rise to, or otherwise recognize a joint venture, partnership or form a business

association or organization of any kind between the parties, and the rights and the

obligations of the parties will be only those expressly set forth in this Agreement.

XIX. Waivers. No provision of this Agreement may be waived or modified, except by

a writing signed by the party against whom such waiver or modification is sought to be

enforced. The terms of this Agreement shall be binding upon and inure to the benefit of

the parties’ permitted successors and assigns.

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XX. Arizona Law. This Agreement is made in the State of Arizona and shall be

interpreted by the laws of the State of Arizona. Any dispute arising out of, or relating, to

this Agreement shall be brought in the Maricopa County Superior Court or the United

States District Court, District of Arizona.

XXI. E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401,

the parties warrant their 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 breach of the above-mentioned warranty shall be deemed

a material breach of the Agreement and may result in the termination of the Agreement

by either party under the terms of this Agreement. The parties each retain the legal right

to randomly inspect the papers and records of the other party to ensure that the other

party is complying with the above-mentioned warranty. The parties warrant to keep their

respective papers and records open for random inspection during normal business hours

by the other party. The parties shall cooperate with the other party's random inspections

including granting the inspecting party entry rights onto their respective properties to

perform the random inspections and waiving their respective rights to keep such papers

and records confidential.

XXII. Conflict Waiver. The parties to this agreement acknowledge that the law firm for

one or both parties may also represent the other party. The parties acknowledge that they

are aware of the potential conflict of interest, and the parties waive any claim of conflict

of interest based on using the same law firm.

Signed this____ day of _________,2014.

Tolleson Elementary School District No. 17

By: _____________________________

Its District Superintendent

Approved as to form:

________________________________

Attorney for Tolleson Elementary School

District No. 17

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Signed this _____day of _______, 2014

________________________________

By: _____________________________

Its District Superintendent

Approved as to form:

________________________________

Attorney for Liberty Elementary School

District No.25

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LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the West Valley Arts Council Memorandum of Understanding as presented.

SUBMITTED BY: Ms. Vanica SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.12.

Page 1 of 1

BOARD MEETING OF: September 15, 2014TITLE OF AGENDA ITEM: Approval of Memorandum of Understanding (MOU) - West Valley Arts CouncilITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

FUNDING SOURCE: M&O / Grant COST: $7,000.00

EXECUTIVE SUMMARY:

It is recommended the Governing Board approve the Memorandum of Understanding with the West Valley Arts Council. The Liberty Elementary School District has benefitted from the ongoing partnership with the West Valley Fine Arts Council. During the time that we have been partnered with WVFAC our teachers have received quality professional development opportunities. Additionally the partnership helps us maintain our connection to fine arts fieldtrips for our students at all schools. Attached is a copy of the Memorandum of Understanding. Our goals this year include the following:1. Goal One: Personnel/Professional Developmenta. Professional Arts Education Personnel have the highest artistic and pedagogical abilities 2. Goal Two: Funding, Grants and Local Resourcesa. Shared resources to support quality programs are sustainable and illustrate the strength of the commitment of the West Valley Arts Council. 3. Goal Three: Instructional Programminga. Curriculum, instructional resources, and assessments for the classroom reflect current Arizona Standards to ensure quality programs for all students at all levels. 4. Goal Four: Facilitiesa. Facilities meet the needs of the arts teachers, students, and community by adequately providing for each of the arts disciplines. The administration recommends the approval of the MOU agreement with West Valley Arts Council for the 2014-15 school year.

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Memorandum of Understanding

By this agreement made and entered into on the 28th day of August, 2014, between the Liberty Elementary School District (hereinafter referred to as LESD) and the West Valley Arts Council (hereinafter

referred to as WVAC), in consideration of their mutual partnership, the parties hereto agree as follows:

A. Purpose of MOU:

To continue the initiative for implementation of our Multi-district Arts Plan

To continue developing a purposeful and meaningful understanding between the Partners

To foster the long term working relationship between WVAC and LESD

To agree to provide together the highest quality of arts and arts education to the students of

LESD To continue the in-kind contributions between WVAC and LESD for the period of the agreement.

B. Description of Goals: These are the initial goals as set forth by the Multi-district Arts Plan,

and as agreed to by LESD in partnership with WVAC.

Goal One: Personnel/Professional Development

Professional Arts Education Personnel have the highest artistic and pedagogical abilities.

Goal Two: Funding, Grants, and Local Resources

Shared resources to support quality programs are sustainable and illustrate the strength of the commitment of the West Valley Arts Council.

Goal Three: Instructional Programming

Curriculum, instructional resources, and assessments for the classroom reflect current Arizona Standards to ensure quality programs for all students at all levels.

Goal Four: Facilities Facilities meet the needs of the arts teachers, students, and community by adequately providing

for each of the arts disciplines.

C. Duties of WVAC: These duties are referenced by the Multi-district Arts Plan, as agreed to, as Goal Implementation and are subject, but not limited to further and/or future assessment

needs as determined by LESD and WVAC. Any additions and/or changes to said Plan must have the joint approval of both LESD and WVAC. These duties will include the following.

WVAC will work directly with the Assistant Superintendent in:

1. Assessing arts education staff as needed,

2. Determining artistic and pedagogical needs,

3. Planning and scheduling of 4 professional development presentations 4. Identifying funding, grants, and local resources

5. Assessing curriculum to reflect the new arts standards 6. Working to improve facilities needs and/or conditions

7. Being an accessible resource for all arts education staff

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D. District Obligations: These obligations are referenced in the Multi-district Arts Plan, as

agreed to, and are inclusive under Goal Implementation. Said obligations are subject, but not limited to further and/or future assessment needs as determined by LESD and WVAC.

Any additions and/or changes to said Plan must have the joint approval of both LESD and WVAC.

E. Compensation: It is the understanding that both LESD and WVAC will utilize all resources necessary to meet the Four Goals as set forth by the Multi-district Arts Plan. These

resources will be accounted for by mutual agreement between LESD and WVAC and shall reflect a good faith understanding toward the achievement of goals as set forth by the Multi-

District Arts Plan. LESD agrees to contribute the amount of $3,500 dollars to WVAC to be applied toward the duties outlined in this MOU.

F. Payment Terms: Payments will be made directly to WVAC upon receipt of invoice to LESD.

G. Allowances: LESD will, upon the Superintendent’s approval, extend the privilege to WVAC of distributing promotional flyers directly to staff and students that inform parents and the

community of upcoming arts events, activities and performances sponsored by WVAC.

H. Period of MOU: It is the understanding that this agreement between LESD and WVAC is to

be utilized towards the achievement of the Four Goals as set forth by the Multi-district Arts Plan. This agreement will serve as the continuum toward the achievement of said Plan. This

agreement covers the period between September 1, 2014 and June 30, 2015 and will be renewed annually.

I. Insurance: WVAC agrees to provide insurance binders for any and all events to be held on district property as requested by LESD.

J. Communications: Communications between LESD and WVAC may be made via the

following:

Liberty Elementary School District West Valley Arts Council

Andrew Rogers, Superintendent Bernadette Mills, Executive Director 19871 W Fremont Road 13243 N. Founders Park Blvd.

Buckeye, AZ 85326 Surprise, AZ 85379

623.474.6600 623 935 6384 [email protected] [email protected]

Kris Vanica KellyAnn Bonnell

Asst. Superintendent Arts Education Coordinator 19871 W Fremont Road 13243 N. Founders Park Blvd.

Buckeye, AZ 85326 Surprise, AZ 85379

623.474.6600 623 935 6384 [email protected] [email protected]

L. Understanding and Acceptance of the Parties: This agreement constitutes the

understanding of the parties, and shall become effective upon its approval by the

undersigned representatives.

______________________________________________________________________ Andrew Rogers, Superintendent /date Bernadette Mills, Executive Director /date

Liberty Elementary School District West Valley Arts Council

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LIBERTY ELEMENTARY SCHOOL DISTRICT No. 25

GOVERNING BOARD ITEM

BOARD ACTION REQUESTED

It is recommended the Governing Board approve the overnight and out-of-state travel as listed.

SUBMITTED BY: Dr. Rogers SUPERINTENDENT: Dr. Andrew Rogers

ACTION BY BOARD: Motion:_______ Second:______ Vote:______ AGENDA ITEM: II.13.

Page 1 of 1

BOARD MEETING OF: September 15, 2014TITLE OF AGENDA ITEM: Approval of Overnight and Out-of-State TravelITEM CATEGORY: Action/Consent

POLICY REFERENCE OR STATUTORY CITATION:

FUNDING SOURCE: COST:

EXECUTIVE SUMMARY:

Administration recommends approval of the listed overnight and out-of-state travel requests (see attached list).

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OVERNIGHT AND/OR OUT-OF-STATE TRAVEL Consent Agenda

Site Date Event Purpose Attendees Cost Funding

EMES September 26, 2014 and

October 3, 2014

Black Canyon River Adventure on the Colorado River below Hoover Dam Boulder City, NV

Learn the history of the Hoover Dam and about the environment

62 5th grade students 5 staff members

$65 per student

Student Activities

EMES January 22-23, 2015

Desert Survival Overnight Trip at Lake Pleasant Outdoor Center Lake Pleasant, AZ

Opportunity to provide hands-on experiences in Humanities, Science, Physical Education, and Team Building

65 6th grade students 8 staff members

$42 per student

Student Activities

EMES April 17-19, 2015 Astro Camp Idyllwild, CA

Team building Hands on Science Space

7th grade students 4 staff members

$315 per student

Student Activities

EMES May 11-13, 2015 Catalina Environmental Leadership Program Island-Howlands Landing, Two Harbors, CA

Students observe organisms and how they are connected to the entire eco system

8th grade students 5 staff members

$400 per student

Student Activities

FES March 4-6, 2015 6th Grade Chauncey Ranch Camp Trip Chauncey Ranch 18970 E Old Sycamore Mayer, AZ 86333

The Chauncey Ranch program will support the Freedom STEM initiative. It also covers 23 of the 6th Grade Arizona Science Standards as well as two team building challenges to strengthen our school’s community

6th Grade Students (109+) 9 Chaperones

$14,606.00 Student Funded and Student

Activities

FES March 20-22, 2015 7th Grade Astro Camp Idyllwild, CA

Astro Camp was developed to provide dynamic coursework in Astronomy, physical science, space exploration and adventure activities.

7th Grade Students (90+) 9 Chaperones

$25,145.00 Student Funded and Student

Activities

FES May 16 -17, 2015 8th Grade Disney Trip Anaheim, CA

Promotion trip based on behavior and academics.

Freedom Elementary 8th Grade Students (80 – 90) 15 + Staff Members

13,700.00 Student Funded and Student

Activities LES March 16-17, 2015

(Tentatively) 6th Grade Desert Survival Field Trip to Lake Pleasant, AZ

Allows students to build real life survival skills, provides hands on paleontology activities, and explores Arizona animals in their natural habitat

60-65 Students Erin Winkler Brooke Sando Jennifer Gray Parent Volunteers (with approved fingerprint clearance through District Office)

Approx. $2,500.00

Liberty Auxiliary

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LES May 7-9, 2015 (Tentatively)

8th Grade Disneyland Trip Anaheim, CA

Allows students the experience of using the attractions at both Disneyland and California Adventures to reinforce physics concepts through the Disney Youth Education Series. The trip provides a unique learning environment which fosters exploration, inquiry, and self discovery.

40-45 Students Blake Marshall Jennifer Esposito Andrea Koehnke Jennifer Gray 1-2 other LES Staff Members chosen by J. Gray

Approx. $14,800.00

Student Activities

RVES February 27- March 1, 2015

Astro Camp Idyllwild, CA

Dynamic coursework in Astronomy, physical science, space exploration and adventure activities for students.

6 Teachers 45 6th-8th Grade Students

$12,645 Tax Credit and Student Funded

RVES May 16-17 2015 Disneyland Anaheim, CA

8th Grade promotion and science trip based on academics, attendance and behavior

Principal 20+ Staff Members 50-75 Students based on eligibility

$14,650.00 Student Funded and Student

Activities

WES October 29-31, 2014

7th Grade AstroCamp Idyllwild, CA

AstroCamp is committed to improving the scientific literacy of students and providing an excellent balance between classroom and an outdoor setting. Students will benefit in the areas of Astronomy, physical science, space exploration and adventure activities.

75 Students 4 Chaperones

$27,000.00 Student Activities

WES March 3-4, 2015 6th Grade Desert Survival Lake Pleasant, AZ

Field trip will incorporate all aspects of 6th grade science standards. The students will attend classes/workshops instructed by certified park rangers which have been approved by the Arizona Department of Education. There will be hands-on individual and small group activities revolving around aquatic life, bugs, plant life, fishing, earth energy, ecosystems, native birds, mapping, team building, and weather.

95 Students 5 Chaperones

$7,695.80 Student Activities

WES May 10-13, 2015 8th Grade Catalina Catalina Island Camps ~ Howlands Landing, Two Harbors, CA

CELP allows students to experience and learn in a natural setting while learning the unique marine and land environments. All activities are organized and focused driven. Students will learn to develop a positive identity, build social skills, and learn the value of being a contributing member of a positive community.

60 Students 5 Chaperones

$25,000.40

Student Activities