Pinal County School Office I.~ A-i ~1 Orlenda F. Roberts - ~ U Supeintendent %4~j. Linda C. Hughes Tanya L. Taylor flarnimø Associate Supeniitendent ChiefDeoufr April 16, 2012 District Superintendents/Board Secretaries From: Tonya Taylor Subject: 2012/13 Data Processing Service Program Agreement and Invoice Attached are the 2012 13 Data Processing Service Program Agreement and the invoice for Data Processing Services. Please forward the invoice to your Accounts Payable department for processing. amount due is the same amount as invoiced for 2011 12. The Data Processing Service Program Agreement. Please have the authorized representative sign page 5 (please fill in school district name as well). Please return the signed document to me no later than Wednesday, June 27. Your Accounts Payable department can forward payment directly to the Data Processing Department. Thank you. P.O. Box 769 75 N. Bailey St. Florence, AZ 85132 Telephone (520) 866-6565 or (800) 208-6897 Fax (520) 866-6973
DATA PROCESSING SERVICE PROGRAM AGREEMENT BETWEEN PINAL COUNTY SCHOOL DISTRICTS AND THE OFFICE OF THE PINAL COUNTY SCHOOL SUPERINTENDENT This agreement, which provides for a Data Processing Service Program, is made between the Governing Board of each of the below listed Pinal County School Districts, hereinafter referred to as District, and the Office of the Pinal County School Superintendent, hereinafter referred to as County Superintendent Office : I. Apache Junction Unified School District # 43 2. Casa Grande Union High School District #82 3. Central Arizona Valley Institute of Technology 4. Cobre Valley Institute of Technology 5. Coolidge Unified School District #21 6. Eloy Elementary School District #11 7. Florence Unified School District #1 8. J. 0. Combs Unified School District #44 9. Oracle Elementary School District #2 10. Mammoth/San Manuel Unified School District #8 11. Maricopa Unified School District #20 12. Mary C. O Brien Accommodation School District #90 13. Picacho Elementary School District #33 14. Ray Unified School District #3 15. Red Rock Elementary School District #5 16. Sacaton Elementary School District #18 17. Superior Unified School District #15 18. Santa Cruz Valley Union High School District #840 19. Stanfield Elementary School District #24 20. Toltec Elementary School District #22 This agreement is made pursuant to the provisions of A.R.S. 15-365 which provides the county superintendent may establish service programs operated through the office of a county school superintendent which shall be available to any local school district governing board officially requesting such programs. By the signing of this agreement, District and County Superintendent Office agree to each of the following: I. NAME The name of the data processing program shall be Pinal County Schools Data Processing Service Program, hereinafter referred to as Service Program ; II. PURPOSE The purpose of this Service Program is to provide to District data processing services, including: 1
A. Processing of bi-weekly District payroll warrants, including all payroll accounting records required by federal and state laws. B. Processing of accounts payable warrants for District. C. Maintenance of all budget, revenue, and expenditure records for District and processing reports and documentation necessary to balance these records with the County Treasurer on a monthly and annual basis. D. Maintenance of all financial records necessary for the calculation of projected amounts of state and county equalization assistance revenues and calculation of tax rates for District. E. Maintenance of other financial records and information. III. IV. AUTHORIZED REPRESENTATIVES The Governing Board of each District shall designate annually one person as the Authorized Representative of District to the Service Program; MEMBERSHIP The Governing Board of each District, which authorizes the participation of District in the Service Program, shall be a Member of the Service Program upon the signing of this agreement by the Authorized Representative of District; V. GOVERNANCE The Service Program and its activities shall be operated by County Superintendent Office who will rely on the advice of the Pinal County Schools Data Processing Advisory Board made up of at least four Pinal County School District Superintendents or their designees; VI. WI. VIII. TERM This agreement will become effective July 1, 2012, and will continue until June 30, 2013. The parties acknowledge that either County Superintendent or the member School Districts may incur substantial expenses based on the parties participation in this Agreement. Therefore the parties agree that if either party intends not to enter into a new agreement on July 1, 2013, the non-participating party shall provide written notice of such intent no later than December 31, 2012. FISCAL AGENT The County Superintendent shall be the Fiscal Agent for the Service Program; FUNDS Funds for operation of the Service Program shall originate from local District budgeted funds and from appropriate state, county and federal funds. Pursuant to A.R.S. 15-365(B), both central administrative costs and general service costs shall be shared on a user basis and budgeted and paid as contract costs by the districts using the Service Program. Each District will be invoiced its annual cost for participation in the Service Program. All funds accruing to this Service Program will be deposited with the Pinal County Treasurer and expended upon warrants drawn by the County Superintendent. Notwithstanding the foregoing, if a party s performance depends upon 2
the appropriation of funds necessary for performance, and if such funds are not appropriated, then a party may provide written notice of this and cancel this Agreement without further obligation. Appropriation is a legislative act and is beyond the control of the parties; IX. MAINTENANCE A_ND ADMINISTRATION OF BUDGET A Service Program Director, hereinafter Director, shall maintain and administer the Program budget. Service Program staff; under the direction of the Director, shall make purchases, process invoices and issue vouchers for payment; X. EXPENTMTURES The expenditure of monies to the credit of this Service Program shall be under the direction of the County Superintendent in furtherance of the purposes of this Service Program only. All vouchers shall be approved by signatures of the County School Superintendent or designee and Director. Recognized principles of school accounting shall apply to all receipts and expenditures and the accounting therefore; XL XII. XIII. XIV. REPORTS Pursuant to A.R.S. 15-365(D), County School Superintendent shall submit to the member Districts on or before May 31, 2013, a program progress report and a fiscal report including actual expenditures through March 31, 2013 and estimates for the remainder of the fiscal year for the Service Program. PROPERTY Property purchased with Service Program funds shall remain the property of the Service Program and shall, in the event of the final termination of this Service Program, be disposed of according to the determination of the County Superintendent; property purchased with money from state or federal funds shall be disposed of according to such rules and regulations as outlined by the State Department of Education or appropriate federal agency; UNEXPENDED FUNDS Unexpended locally contracted funds of this Service Program as of the close of each fiscal year shall be reported to the County Superintendent and appropriate state agencies and shall be carried forward as a cash balance to the ensuing fiscal year; unexpended state or federal funds of this Service Program as of the close of each fiscal year shall be reported to the State Department of Education or other appropriate funding agencies and at the direction of said agencies shall either be carried forward as a cash balance to the ensuing fiscal year or be returned to the appropriate agency; FILES; PROGRAMS The data files of District shall be the property of District. In the event that District withdraws from the Service Program, the files shall remain with District; 3
XV. NOTICES In any case where any notice or other communication is required or permitted to be given hereunder, such notice or communication shall be in writing and (a) sent by certified United States mail, postage prepaid, return receipt requested, or (b) sent by way of a recognized overnight courier service, postage prepaid, return receipt requested, with instructions to deliver on the next business day, and be sent to each party at the following addresses: Pinal County School Superintendent P.O. Box 769 Florence, AZ 85132 Respective District Superintendent Address XVI. XVII. CLAIMS OR DISPUTES Any claims or disputes arising out of this Agreement shall be submitted to arbitration or mediation in Pinal County. In the event of breach of contract by a party to this Agreement, the non-breaching party may pursue all remedies under the laws of the State of Arizona and shall be entitled to reasonable attorney fees and costs. INDEMNIFICATION To the extent allowed by law and to the extent funds are budgeted and available for such purpose, each party will indemni1~, hold harmless and defend the other party from and against all losses arising out of or in connection with any negligent or willful act or omission of the party related to this Agreement. XVIII. CANCELLATION This contract is subject to cancellation pursuant to ARS 38-511, the pertinent provisions of which are adopted herein by reference; XIX. XX. REPRESENTATION The parties have been advised and are aware that the Pinal County Attorney s Office represents the County School Superintendent and District, and the parties have been informed to seek the advice of outside counsel. The parties expressly and mutually waive any adverse interest that may exist and also waive any allegations of conflict of interest by the Pinal County Attorney s Office and expressly consent to the Pinal County Attorney s Office multiple representation; GOVERNING LAW This Agreement shall be governed and interpreted by the laws of the State of Arizona and by applicable federal law. Any action or proceeding brought by a party with respect to the breach or enforcement of the terms of this Agreement shall be brought in the courts of the State of Arizona situated in Pinal County. 4
XXI. XXII. NONDISCRIMINATION The parties shall comply with Executive Order 99-4 and all other applicable State and Federal employment laws, rules, and regulations, mandating that all persons shall have equal access to employment opportunities, and that no person shall be discriminated against due to race, creed, color, religion, sex, national origin or disability; SUDAN!IRAN Pursuant to A.R.S. ~ 35-391.06, et seq. and 35-393.06, et seq. the parties hereby warrant, and represent to each other, that they do not have, and their subcontractors do not have and during the term hereof will not have a scrutinized business operation in either Sudan or Iran; XXIII. E-VERIFY/IMMZIGRATION The parties hereby warrant, and represent to each other, that they are in compliance with A.R.S. ~ 414401 and 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations; XXIV. FINGERPRINTING The parties shall comply with the fingerprinting requirements of A.R.S. 15-5 12 unless otherwise exempted. XV. ENTIRE AGREEMENT This Agreement states the entire agreement between the parties and supersedes all prior agreements and understandings between the parties. This Agreement may not be amended except by mutual written agreement by the parties. If any provision of this Agreement held to be invalid or void, the remainder of the Agreement shall remain in full force and effect and shall be binding upon the parties. THIS AGREEMENT EXECUTED THE DATES SET FORTH BELOW: Signed: Li4JLØJ.L..~:I7&_LL~1z Date 04/16/2012 Orlenda F. Robeps~ Pinal County School Superintendent 1 Signed: ~. j.ljaj Date 3-7- 2. County Attorney Representing Pinal County School Superintendent Signed: Date Authorized Representative of District # h ~6...: 42 ~gned: jva6- ~- t. Date ~ Attorney Representing School District 5
DATA PROCESSING FEE STRUCTURE Fiscal Year 2012-2013 CENTRAL ADMIN STRUCTURE SCHOOL COSTS & GENERAL % OF DISTRICT DISTRICT DISTRICT SERVICE COSTS USAGE COST Apache Junction Unified 138,300 5.81% 8039.04 ~.. I F. j I r davi~ ~ ~.:.~ ~ :. ~*:. i3.8~3~.0~ i..~*.,.j :7eoio.1: Casa Grande Union High 138,300 5.61% 7,762.46 ~. v.~:. t.. :~77Ifl! ~.~v.] FF. 7*:~V~ ~.~. Cdolidg&Unified.H..: t...~. *:~.::;i38~300::.~ :~ 5.46% ~. 7,545:86~ CVIT 138,300 4.41% 6,105.21 Eiv.Eie~th...:.~~.LH~ lãä300.. F,~~,. Florence Unified 138,300 7.10% 9,823.40 ~.y ~~H-~-:: ~ i,f ~ ~7.-F F~\ 7* :,~* ~:,,.~*. ~ J:Q;:CornbiUrified~:~.,~c4*:*:,.;:~:438;3oo. ~,~*; 5 ~S9%~ Mammoth/San Manuel Unified 138,300 4.67% 6,458.98. ~F:F ~ -~Y J.t4.t~r*i r.*.~.:z F. ~ tft~f~v~f~:ffi. 7: F~FF.7 iuv.1.1...:7~.,::... ~ ~ 4 1 I Ma~àóp47~hifl~~ ;:.~*~;~i~* ~ ~:.:: ~.;*:~i~3,8?,30c., ~ ~.6:08% ~ 4~ ~ S~408~6~ MCOB 138,300 4.66% 6,447.67 F 1~ r FF1 1? I,JI~41II F Fl, ~~ I~ 1 I ~ ~c?~ ~~i38~3oo~~ ~ ~.4.F66,% ~ ;fl~.~ ~.~:6~44.6~22 F F Picacho Elementary 138,300 4.41% 6,104.60 ~ 1I %~FP,~ r ~4F ~,F F ~as, Uhified7...~F~ ~~if:j~ ~c.~~2i,38,3~0 F~:...[[~~} L ~456% ::1~~~~.6,31:3.38. Red Rock Elementary 138,300 4.45% 6,157.15 ~ ~ :...~;, ~*:FFl~1 ~,: Santa Cruz Valley High 138,300 4.54% 6,280.87 F ~,.1 F ~ F F F ~ ;.~t. ~*1 S8;300~ F:: 7..... ti *.~.:4.60% ~ ; : Superior Unified 138,300 4.50% 6,228.03 F F ~F F 7.4 F F Tó1tb~EletheflitaTYt~.4 ~t : ~t4383oo! H: F~ ~,7 4.70% 12/13 Data Processing Budget 268,100 Less County s Share (IGA) 125,800 Less Interest Accrued 4,000 Central Administrative & General Service Costs 138,300