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HomeMy WebLinkAboutResolution 2021-077 Authorizing to Execute an IGA with Pima County for Pima Early Education Program MARANA RESOLUTION NO. 2021-077 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR PIMA EARLY EDUCATION PROGRAM WHEREAS research shows that children who attend high quality preschool are better prepared for kindergarten and are less likely to need expensive special education services; and WHEREAS the Town of Marana desires to contribute funding to the Pima Early Education Program to increase the number of high quality preschool classes at school district sites within the Town of Marana; and WHEREAS Pima County and the Town of Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §11-952 et seq.; and WHEREAS the Town Council finds that the intergovernmental agreement with Pima County for the Pima Early Education Program is in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement with Pima County for the Pima Early Education Program, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to sign it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Resolution No.2021-077 - 1 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of June, 2021. V' Mayor Ed Honea ATTE )T: APPROVED AS TO FORM: 404 Cherry L. La •son, Town Clerk Ja airall, Town Attorney Resolution No. 2021-077 - 2- EXHIBIT A Intergovernmental Agreement between Pima County and Town of Marana for the Pima Early Education Program This Intergovernmental Agreement ("IGA") is between Pima County ("County"), a body politic and corporate of the State of Arizona, and Town of Marana, Arizona ("Town"), pursuant to A.R.S. § 11-952. Recitals A. County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. County is authorized by A.R.S. §§ 11-254.04 to appropriate and spend public monies for and in connection with activities that the County Board of Supervisors finds and determines will assist in the creation or retention of jobs or will otherwise improve or enhance the economic welfare of County inhabitants. C. Town is authorized by A.R.S. §§ 9-500.11 to expend public monies for and in connection with economic development activities. D. County, as part of its Economic Development Plan 2019-2021, has recognized the significance of workforce shortages and the need for reliable, high-quality, and affordable preschool programs to address barriers to parents entering and remaining in the workforce. E. Research shows that children, particularly economically disadvantaged children and children of color, who attend high quality preschool are better prepared for kindergarten and are less likely to need expensive special education services, and that, with continued supportive education, these benefits may result in positive longer-term outcomes for those children, their parents, employers, and taxpayers. F. In Pima County, only 46% of third graders are minimally proficient at reading — a key educational indicator. Preschool enrollment is low, enrollment in quality preschool is even lower, half of all preschool-age children are from low-income families, a majority of preschool-age children from low-income families are children of color, and public funding and high quality preschool capacity is insufficient. G. County is funding a new program, the Pima Early Education Program, part of which includes the expansion of high quality preschool classes operated by public school districts for preschool age children from families with incomes at or below 200% of the Federal Poverty Level. H. The Town wants to allocate $132,000 to County to expand high quality preschool in the Town. NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: 00075434.DOCX/1 Agreement 1. Purpose. The purpose of this IGA is for Town to contribute funding to County's Pima Early Education Program to increase the number of high quality preschool classes at school district sites within the Town, so as to offer high quality preschool opportunities, without cost, to families with incomes at or below 200% of the Federal Poverty level. 2. Term. This IGA commences on July 1, 2021 and will terminate on September 1, 2022. If the commencement date of the Term is before the date of execution, the parties will, for all purposes, deem the IGA to have been in effect as of the commencement date. 3. Town Responsibilities. Town shall pay County $132,000 on or before September 30, 2021. Town shall identify a Liaison for this IGA by July 1, 2021. Town shall notify County on or before April 1, 2022 about its intent to contribute funding towards the Pima Early Education Program for the following Fiscal Year 2023. Town shall coordinate with County on efforts to connect participating families to other resources. Town shall share information about the Pima Early Education Program with Mayor and Council, as well as applicable Town departments. 4. County Responsibilities. County shall allocate Town's $132,000 to reimburse Marana Unified School District for the cost of operating a new high quality preschool class at Estes Elementary School located within the Town for up to 20 preschool age children from families with incomes at or below 200% of the Federal Poverty Level. County shall provide Town with a copy of IGA between County and Marana Unified School District prior to Town making payment to County. Any remaining funds shall be allocated to preschool scholarships for children attending other preschools within or near the Town of Marana, to be administered under an Intergovernmental Agreement between County and First Things First, a copy of which shall also be provided to Town. County shall not charge Town an administrative fee for allocating the Town funds. County shall provide quarterly reports to Town on or before September 30, 2021, December 31, 2021, March 31, 2022, and June 30, 2022, and provide an end-of-year report by September 1, 2022. Reports shall include, for the preceding quarter, the amount of Town funding spent and number of children served, assuming a cost allocation of$6,600 per child. County shall identify a Liaison for this IGA by July 1, 2021. 5. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") for bodily injury of any person (including death) or property damage, but only to the extent that such injury or damage is caused or alleged to be caused by a negligent or intentionally wrongful act or omission of the Indemnitor, or of any of its officers, officials, agents, employees, or volunteers. 6. Insurance. Each party is aware of the other party's self-insured status and agrees to maintain at its own expense, during the entire term of this IGA, any required insurance to satisfy financial responsibility associate with claims, including attorney fees outlined in section 5 above. 00075434.DOCX/1 7. Termination. a. Without Cause: Either party may terminate this IGA at any time, without cause, by notifying the other party, in writing, at least 30 days before the effective date of the termination. In the event of such termination, the County's only obligation to Town will be repayment of Town funds that County has not already allocated to Estes Elementary School and other eligible preschools. b. With Cause: Either party may terminate this IGA at any time without advance notice and without further obligation if either party finds the other party to be in default of any provision of this Agreement. c. Non-Appropriation: Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the Pima County Board of Supervisors or the Town Council does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, the parties will have no further obligations under this IGA other than for payment for services rendered prior to cancellation. 8. Compliance with Laws. The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders. The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this IGA and any disputes. Any action relating to this IGA will be brought in a court in Pima County. 9. Non-Discrimination. The parties shall not discriminate shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin. The parties will comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. 10. Americans with Disabilities Act. The parties shall comply with Title II of the Americans with Disabilities Act (Public Law 110-325, 42 U.S.C. §§12101-12213) and the federal regulations for Title II (28 C.F.R. Part 35). 11. Cancellation for Conflict of Interest. This IGA is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the pertinent provisions of which are incorporated into this IGA by reference. 12. Severability. If any provision of this IGA, or any application of a provision to the parties or any person or circumstance, is found by a court to be invalid, that invalidity will not affect other provisions or applications of this IGA that can be given effect without the invalid provision or application. 13. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, will be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 14. Worker's Compensation. Each party will comply with the notice of A.R.S. § 23-1022 00075434.D7./ OC (E). For purposes of A.R.S. § 23-1022, irrespective of the operations protocol in place, X 7 /1 each party is solely responsible for the payment of Worker's Compensation benefits for its employees. 15. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA will be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between a party and the employees of the other party. Neither party will be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 16. No Third-Party Beneficiaries. Nothing in this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 17. Notice. Any notice required or permitted to be given under this IGA must be in writing and served by delivery or by certified mail upon the other party as follows (or at such other address as may be identified by a party in writing to the other party): County: Town: Jenifer Darland Lisa Shafer Homeless Division Manager Community and Neighborhood Services Pima County Community & Workforce Director Development Town of Marana 2797 E. Ajo Way 3rd Floor 11555 W. Civic Center Dr. Tucson, AZ 85713 Marana, AZ 85653 18. Counterparts. The parties may execute this IGA in any number of counterparts, each counterpart is considered an original, and together such counterparts constitute one and the same instrument. 19. Entire Agreement. This document, and any exhibits attached to it, constitutes the entire agreement between the parties pertaining to the subject matter addressed, and all prior or contemporaneous agreements and understandings, oral or written, are superseded and merged into this IGA. This IGA may not be modified, amended, altered or extended except through a written amendment signed by the parties. SIGNATURE PAGE TO FOLLOW 00075434.DOCX/1 In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board, and attested to by the Clerk of the Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor, upon resolution of the Mayor and Council, and attested to by the Town Clerk. PIMA COUNTY: TOWN: Chair, Board of Supervisors Mayor ATTEST ATTEST Clerk of the Board Town Clerk Approval The foregoing Intergovernmental Agreement between County and Town has been reviewed by the undersigned and is hereby approved as to content. C.H. Huckelberry, Pima County Administrator Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between County and the Town has been reviewed by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party he or she represents. PIMA COUNTY: TOWN Deputy County Attorney Town Attorney 00075434.DOCX/1