The Florence Unified School District And

MEMORANDUM OF UNDERSTANDING AMONG

THE FLORENCE UNIFIED SCHOOL DISTRICT AND

THE PINAL COUNTY DEPARTMENT OF JUVENILE COURT SERVICES

FOR AN ON-SITE EVENING REPORTING CENTER

This is a Memorandum of Understanding, hereinafter referred to as "MOU", among the Florence Unified School District, hereinafter referred to as “FUSD”, and the Superior Court of Pinal County, Department of Juvenile Court Services, hereinafter referred to as "JCS", subject to the following terms and conditions:

Purpose:

WiththisMOU,theabove-namedpartiesagreetoenterintoa partnershiptosupport theneedtocollaborate, to provide appropriate programs and services for court-involved juveniles, promote a safe learning environment, encourage juveniles to remain in school and decrease the incidence of delinquent behavior.

The parties may establish education, counseling or other programs to improve the behavior and educational performance of juveniles in FUSD schools. Throughthispartnership,FUSD seekstoprovidetwoclassroomfacilitiestobeused byJCS toofferjuvenilesanEveningReporting Center(ERC) to provide increased access to probation supervision services at Mountain Vista Academy, which is a school within FUSD. The presence of an ERC will assist in improving the behavior of court-involved students, facilitate educational performance of students within the district, as well as provide information services to school personnel, students and families in the district.

FUSD and JCS share common interests in providing accountability, education, equity, and safety to the individuals served by both institutions to prepare them to be responsible and productive members of the community at large.

FUSD acknowledges that the probation staff: Probation Officer(s), Probation Counselor(s) and Surveillance Officer(s) will be working with court-involved juveniles and to the limitations allowed by law with non-court involved juveniles.

The mission of the Evening Reporting Center (ERC) is to provide a community based alternative to secure detention for court-involved juveniles. This short term intensive supervision treatment program, with the help of community volunteers, will provide facilitated education and therapeutic programs in a structured environment, while ensuring the safety of the juveniles and the community.

TheERCisaprogramdesignedtoassistparticipantstoremaininthecommunityandinfluencetheirlivesinapositiveway.Withthehelpofthecommunityfacilitators,juvenilesplacedintheERCprogramarcprovided withtheopportunitytolearnanddevelopsocialskillsinastructuredenvironment,coveringsuchtopicsasJobSkills,DecisionMaking,PersonalHealth,andothers.

StatutoryAuthority

A.R.S. §8-371

Term and Termination

This MOU shall become effective on the date of final signature, as of the last date of signature by the parties, and shall continue for a period of five years unless terminated in writing prior to that date. Bothpartiesreservetherighttodiscontinue thepartnershipatanytimedue circumstances necessitating such action butmustgiveeitherparty30daysadvancewrittennotice by certified mail.

Partnership Agreements

FUSDshall provide a classroom space that provides a setting for lecture and interaction with the students for the probation staff to facilitate the Evening Reporting Center’s curriculum. The office shall include the equipment necessary for the staff to effectively perform their duties i.e. tables, chairs, and whiteboard. The classroomwillbeavailable throughout the year MondaythroughFridayfrom7:30a.m.to7:30p.m.

FUSD will identify a single Point of Contact (POC) person at Mountain Vista Academy who shall notify the probation staff’s supervisor immediately in the event of any injury, accident, or emergency. The probation staff will report any school related incidents to the POC.

FUSDwillmaintainopenlines ofcommunicationwithJCSinensuringthatcommunityevents,news,changes,oranyinformationthatmayaffectJCSwillbecommunicatedandbroughttoJCS'sattention.

FUSDwillprovideopportunitiestoeducateJCSofFUSD’spartnersandprograms.

FUSDwill pay fortheutilitycosts necessaryforthebuilding.

JCS Obligations

ProvidetheirownCertificateofInsuranceforalltheiractivitiesinthebuildingandoutsideofthebuildingandensurethatFUSD willNOTbe liableforanyriskorinjuriesto,orcausedbytheirprobationstaff,clients,clients'familiesandotherpeoplemeetingwithprobationstaff.

JCS willkeeptrackoftheirownreportsforanyinjuriesduringtheirmeetingsfortheirowninsurance.

JCSwillkeeptheiractivitieswithintheagreedhoursduringthedaytime.WeekendhoursmaybeavailableprovidedthatFUSDdoesnothaveanyprogrammingeventsthatwillrequireuseofthespace.Anyuseofthespaceoutsidetheclassroommustbeapprovedby FUSD.

JCS will supervise probation staff, who will be assigned to Mountain Vista Academy, periodically.

JCS willensurethatallcourtemployeeshavepassedallcourtrequiredbackgroundchecksandfingerprinting.

JCSagrees tocomplywithanysecurityoradministrativeneedsthatmayarise.

JCSwillmaintainopenlinesofcommunicationwithFUSDinensuringthatcommunityevents,news,changes,oranyinformationthatmayaffectMountain Vista Academy willbecommunicatedandbroughttoFUSD’sattention.

JCSwillprovideopportunitiestoeducateFUSDinthejuvenilecourt'smission,programs,ethics,values,history,andvision.JCSwillencouragecross trainingofprobationstaff withFUSD.

JCSwillmaintaincleanlinessandbasicorganizationnecessarywiththeclassroomspace.

JCSwillensurethatanygarbagewithfoodisplacedin atrashreceptacleoutsidethebuildingasidentifiedbyFUSD.

JCSmaymakechangestotheclassroomspaceiftheyareableandwillingtorestoreoriginalsetupshouldtheneedtomovearise.Anymodificationstoanyoftheclassroomwhiteboardsarestrictlyprohibited.

JCS shall have the responsibility for supervision of the probation staff: Program Coordinator(s), Probation Officer(s), Counselor(s) and Surveillance Officer(s) who will remain employees of JCS.

JCS supervisor will ensure that the POC at Mountain Vista Academy is notified of any absence of the probation staff. The probation supervisor will make every effort to provide notice to the POC of scheduled absences for vacation, Court mandated trainings, etc.

JCS probation staff assigned to Mountain Vista Academy pursuant to this agreement are employees of JCS, and subject to the rules, policies and procedures of the Superior Court in Pinal County, including employment rights and liabilities.

Employment Status of Probation Staff

In the performance of this MOU, both parties hereto will be acting in their individual governmental capacities and not as agents, employees, or partners of the other party. The employees, agents, or subcontractors of one party shall not be deemed or construed to be the employees, agents, or subcontractors of the other party.

JCS will have the sole authority over:

(1)Work assignments of probation staff;

(2)Determination of the probation staffs’ hours;

(3)Discipline of the probation staff; and

(4)Implementation of JCS policies and procedures.

The Program Coordinator(s), Probation Officer(s), Counselor(s) and Surveillance Officer(s) shall fulfill their duties as sworn court appointed officers for the State of Arizona and will be responsible to meet the duties and requirements as outlined in the official Pinal County Juvenile Court Services job descriptions attached as Exhibit A. The probation staff assigned to Mountain Vista Academy will carry a Standard Probation caseload comprised of juveniles who reside in the San Tan Valley community. The probation staff will be responsible to meet all JCS caseload standards for their assigned caseload. Additional duties specific to the Mountain Vista Academy assignment may include:

• Attend and participate in Positive Behavior Interventions and Supports (PBIS) training.
• Attend and participate in Pinal County Coalition for Schools quarterly meetings.
• Attend and participate in IEP meetings for court-involved students.
• Coordinate and monitor completion of community restitution work at FUSD schools for court-involved juveniles.
• Coordinate with teachers who provide tutoring for court-involved juveniles.
• Liaison for other JCS officers with FUSD schools for records and information.
• Coordinate with FUSD Truancy Officer concerning court-involved juveniles who are truant.
• Coordinate with FUSD schools to develop alternatives to arrest, detention, suspension and expulsion.
• Resource to FUSD schools for information concerning juvenile justice and the Pinal County Juvenile Court.

Consideration and Costs

The Arizona Supreme Court, Administrative Office of the Courts (AOC), Juvenile Justice Services Division (JJSD) has approved JCS in funding for: one (1) FTE Probation Officer, one (1) FTE Counselor and one (1) FTE Surveillance Officer. Pinal County has approved JCS in funding for: one (1) Program Coordinator.

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, expenses (including 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. Each party will be responsible for the conduct of its operations and performance of contract obligations and for any accidents or injuries to persons or property arising out of acts or omissions by its officers, officials, agents, employees, or volunteers acting in the course or scope of their employment while performing duties undertaken pursuant to this MOU.

Disputes

Should any dispute arise concerning this MOU among the FUSD and JCS, the parties shall first meet and confer to resolve the issues.

Arbitration

The parties to this Agreement agree to resolve all disputes arising out of or relating to this MOU 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.

Conflict of Interest

The parties acknowledge that this MOU is subject to cancellation provisions pursuant to A.R.S. §

38-511, the provisions of which are incorporated herein and made a part thereof.

No Third-Party Beneficiaries

Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties not parties to this MOU or affect the legal liability of either party to the MOU by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law.

Modifications

Any modification to this MOU must be done in writing and executed by persons duly authorized to enter into agreements on behalf of the FUSD and JCS.

Entire MOU

This MOU 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

MOU shall be made only in writing and signed by the parties to this MOU.

Invalidity of Part of the MOU

The parties agree that should any part of this MOU be held to be invalid or void, the remainder of the MOU shall remain in full force and effect and shall be binding upon the parties.

Audits

Pursuant to A.R.S. §§ 35-214 and 35-215, the parties shall retain all records relating to this

MOU for a period of five years after completion of the MOU. All records shall be subject to inspection and audit by the State of Arizona at reasonable times. Upon request of either party, the other party shall produce the original of any or all such records at the offices of the requesting party.

Legal Authority

By entering this MOU, the parties are not relieved of any obligation or responsibility imposed upon them by law.

Notices

All notices, requests, or demands given or made upon the parties hereto, pursuant to or relating to this MOU, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as indicated on the signature page of this document.

Non-Discrimination

All parties shall comply with applicable provisions of Title VII of the Civil Rights Act of 1964, as amended by the Age Discrimination in Employment Act, and State Executive Order No.

2009-9 which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliations, shall have equal access to employment opportunities. The parties shall also comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination in the employment or advancement of qualified persons because of physical or mental disability, and the Americans with Disabilities Act.

Compliance Requirements for A.R.S. §41-4401, Government Procurement: E-Verify Requirement

The contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. §23-214, Subsection A.

Confidentiality

There shall be no disclosure of personally identifiable information from any student's education records except in compliance with A.R.S. § 15-141, the Family Educational Rights and Privacy Act (FERPA) and regulations adopted pursuant to that Act, the Individuals with Disabilities Education Act (IDEA) and regulations adopted there under, and applicable school board policies.

The parties shall establish and maintain procedures and controls that are acceptable to the AOC to assuring that no information contained in court records or obtained for the Court shall be disclosed by anyone except as is necessary in the performance of the duties as described herein. No information pertaining to juveniles shall be divulged, other than as required in the performance of the duties as described herein.

The provision and use of all information covered by the terms of this MOU shall be in strict compliance with federal and state statutes, court rules and regulations concerning confidentiality, in particular, Rule 19, Rules of Procedure Juvenile Court, and Rule 123, Rules of the Supreme Court. The parties shall establish and maintain procedures and controls that are acceptable to the Court for assuring that no information contained in its records or obtained from the Court or from others in carrying out its functions under the MOU shall be used or disclosed by it, its agents, officers, or employees, except as is necessary in the performance of duties under this MOU. Persons requesting such information shall be referred to the Court. The parties also agree that any information pertaining to probationers or juveniles shall not be divulged, other than to employees of the FUSD as required in the performance of duties under the MOU, except upon the prior, written consent of the Court.

Rights and Duties of Party Only

The provisions of this MOU govern the duties and responsibilities of the parties to the MOU and are not intended to confer any right, entitlement, privilege or benefit on any third party.

Worker’s Compensation

Each party shall comply with the notice of A.R.S. § 23-1022 (E). For purposes of A.R.S. § 23-

1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker’s Compensation benefits or other fringe benefits of said employees.

No Joint Venture

It is not intended by this MOU to, and nothing contained in this MOU shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the employees of one Party to another Party. Neither party shall 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.

IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the date written below.

District: Florence Unified School DistrictCourt: Pinal County Juvenile Court Services

Dated:Dated:

By:By:

Title: Title:

Address: 1000 S. Main St.Address: 971 N. Jason Lopez Cr. Bldg. D, Ste. 500
PO Box 2850, Florence, AZ 85132PO Box 1009, Florence, AZ 85132

MEMORANDUM OF UNDERSTANDING

REVIEWED AND APPROVED AS TO FORM

The foregoing Memorandum of Understanding between the Florence Unified School District and the Superior Court of Pinal County, Department of Juvenile Court Services has been reviewed by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Memorandum of Understanding represented by the undersigned.

FLORENCE UNIFIED PINAL COUNTY

SCHOOL DISTRICTJUVENILE COURT SERVICES

Page | 1