2025 2026 Canyon View High School SRO IGA - Redlines-signed.pdf
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1 MG2:ddh 4623084.1 10/19/2022 INTERGOVERNMENTAL AGREEMENT BETWEEN AGUA FRIA UNION HIGH SCHOOL DISTRICT NO. 216 AND THE CITY OF BUCKEYE FOR SCHOOL RESOURCE OFFICER SERVICES THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into as of July 1, 2025, between the City of Buckeye, an Arizona municipal corporation (the “City”) and the Agua Fria Union High School District No. 216, a political subdivision of the State of Arizona (the “District”). RECITALS A. The District has funding available through its maintenance and operations budget to fund school resource officer services (“SRO Services”) for Canyon View High School. B. The City has funding available through its operating budget to provide the District with trained, certified police officers capable of performing SRO Services for the District. C. The City and the District desire to enter into an agreement whereby the City will provide sworn, certified police officers to serve as school resource officers (each, an “SRO”) to provide SRO Services at Canyon View High School. D. The District is authorized to enter into this Agreement pursuant to ARIZ. REV. STAT. §§ 15-342 and 11-952. E. The City is authorized to enter into this Agreement pursuant to ARIZ. REV. STAT. § 11-952. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: SECTION I - OBLIGATIONS OF THE CITY 1.1 Services to be provided. A. The City shall provide SRO Services to the District at Canyon View High School on an hourly basis, as required by the School’s Principal, but not to exceed 40 hours per week. 2 MG2:ddh 4623084.1 10/19/2022 B. The Buckeye Police Officer performing SRO Services shall fulfill his or her duties as a sworn law enforcement officer for the State of Arizona. The SRO may be temporarily assigned to duties other than SRO Services during school times when deemed necessary by the Buckeye Police Chief, in his or her sole discretion. C. The Principal will assist the SRO Supervisor with preparation of an annual performance evaluation based upon requirements of the Buckeye Police Department Policy. The SRO shall also provide a weekly recap of law-related education, law enforcement activity and time on campus to the SRO Supervisor. This recap can be provided to the District upon request. D. When school is not in session, including all breaks, school-observed holidays and school vacations, the City shall have full discretion to assign the SRO various City responsibilities; provided, however, that the City shall be responsible for 100% of the SRO’s costs when so assigned. E. In addition to the provisions of Section 3.18, the City shall, within ten business days upon request by the District, provide verification to the District of SRO’s successful criminal records check, e.g., a copy of current fingerprint clearance card, copy of successful criminal records report, etc. F. The roles and responsibilities of the City and the District with respect to the SRO Services shall be as set forth in the Buckeye Police Department SRO Program, attached hereto as Exhibit A and incorporated by reference herein. 1.2 Accounting and Documentation. The SRO’s salary and employer-paid benefits rate shall be used to calculate the amount due from the District for SRO Services. Supporting documentation of these actual amounts must be on file with the District’s Grants Office prior to payment of any invoice to the City. SECTION II - OBLIGATIONS OF THE DISTRICT 2.1 Reimbursement to City - Monthly. The District shall reimburse the City monthly for the services it provides pursuant to Section I above. A. The District shall pay up to $87,593.97 of the costs associated with SRO Services received on a yearly basis (half of yearly salary plus actual cost of employer-paid benefits) for the ten-month period covering the school year; the City shall pay 100% of the SRO’s costs during the two-month summer break and any other school breaks or school-observed holidays or vacations during which the City assigns the SRO to City-related duties. The SRO’s time spent at Canyon View High School, including all overtime, must be substantiated by time cards and approved by the high school’s Dean of Students. The District shall pay 100% of any SRO overtime worked on school-related investigations. The SRO must seek approval from the appropriate Buckeye Police Department supervisor before working on school-related overtime. 3 MG2:ddh 4623084.1 10/19/2022 B. The District will not pay for any SRO Services for any one- or two-week long school breaks in November, December, January and March, nor for any personal vacations taken by an SRO nor for any sick leave incurred by an SRO. C. The District shall pay invoices from the City within 30 days of receipt, assuming proper documentation is on file to support the charges. 2.2 Office Space. The District shall provide office space that provides privacy for the SRO to conduct confidential business. The office provided shall include the necessary equipment for the SRO to effectively perform his or her duties, including, without limitation, a telephone, desk, chair and filing cabinet. 2.3 SRO-Related Training. The District shall pay $1,000.00 during the term of this Agreement toward the annual conference costs for each of the SROs that provides SRO Services to receive and maintain certification by the National Association of School Resource Organizations. 2.4 Non-Interference by the District. No District or Verrado High School administrator shall interfere with an SRO’s sworn law enforcement duties. SECTION III - GENERAL TERMS AND CONDITIONS 3.1 Indemnification. To the extent permitted by law, each party shall defend, indemnify and hold harmless the other party and its departments, officers, employees and agents for, from and against all losses, damages, claims, liabilities and expenses (including reasonable attorneys’ fees) for damages to property or for injury to or death of persons which relate to the performance of this Agreement and that result from any act, omission or negligence of the indemnifying party or its departments, officers, employees or agents. 3.2 Term. The term of this Agreement shall be for one year from July 1, 2025 until June 30, 2026, unless sooner terminated by the parties hereto pursuant to subsection 3.6 below. 3.3 Personnel. The City represents that the SRO performing the SRO Services required in Section I of this Agreement shall be a sworn Buckeye Police Officer. 3.4 Independent Contractor. The City acknowledges and agrees that the SRO Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the District, except as provided in Section 3.13 below. The City, its employees, and subcontractors are not entitled to worker’s compensation benefits from the District. The District does not have the authority to supervise or control the actual work of the City, its employees or subcontractors. The City, and not the District, shall determine the time of its performance of the SRO Services provided under this Agreement so long as the City meets the requirements of its agreed-upon scope of work as set forth in Section I above. The District and the City do not intend to nor will they combine business operations under this Agreement. 4 MG2:ddh 4623084.1 10/19/2022 3.5 Records. Both parties shall maintain the records required in this Agreement in accordance with the Arizona Public Records retention requirements. 3.6 Termination. Either party may terminate this Agreement upon 30 days’ written notice to the other party at the addresses indicated below. The City may terminate this Agreement by giving ten days’ written notice to the District for failure to make reimbursements upon the dates as required in this Agreement and upon the District’s failure to make such payments within five days of such notice. In any event, this Agreement shall be deemed terminated no later than the effective date of any resolution adopted by the City to withdraw from this Agreement. At the time of termination, the City shall invoice the District for all SRO Services provided to that date, which the District shall pay invoices within 30 days thereafter. 3.7 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the City: City of Buckeye 530 E. Monroe Avenue Buckeye, AZ 85326 Attn: Interim City Manager, David B. Roderique With a copy to: K. Scott McCoy, City Attorney 530 E. Monroe Ave Buckeye, AZ 85326 If to the District: Agua Fria Union High School District 1481 North Eliseo Felix Jr. Way, Suite 110 Avondale, Arizona 85323 Attn: Mark Yslas, Superintendent With a copy to: Jeff Stratman, Attorney Agua Fria High School District Avondale, AZ 85323 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and 5 MG2:ddh 4623084.1 10/19/2022 refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 3.8 Severability and Savings. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion without inequity to the parties. 3.9 Program Continuation Subject to Appropriation. The provisions of this Agreement for payment of funds by the District shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The District shall be the sole judge and authority in determining the availability of funds under this Agreement and the District shall keep the City fully informed as to the availability of funds for its program. The obligation of the District to make any payment pursuant to this Agreement is a current expense of the District, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the District. If the Governing Board of the District fails to appropriate money sufficient to pay the reimbursements as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of the then-current fiscal year and the City and the District shall be relieved of any subsequent obligation under this Agreement. 3.10 Entire Agreement. This Agreement comprises the entire agreement of the parties and supersedes any and all other agreements or understandings, oral and written whether previous to the execution hereof or contemporaneous herewith. Any amendments or modifications to this Agreement shall be made only in writing and signed by the parties to this Agreement. 3.11 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 3.12 Cancellation. The parties hereto acknowledge that this Agreement is subject to cancellation pursuant to ARIZ. REV. STAT. § 38-511. 3.13 Workers’ Compensation. An employee of either party shall be deemed to be an “employee” of both public agencies while performing pursuant to this Agreement solely for purposes of ARIZ. REV. STAT. § 23-1022 and the Arizona Workers’ Compensation laws. The primary employer shall be solely liable for any workers’ compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of ARIZ. REV. STAT. § 23-1022 in substantially the following form: “All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by 6 MG2:ddh 4623084.1 10/19/2022 the laws of Arizona to be employees of both public agencies for the purposes of worker’s compensation.” 3.14 FERPA Compliance. Both parties will ensure that the dissemination and disposition of educational records complies at all times with the Family Educational Rights and Privacy Act of 1974 and any subsequent amendments thereto. 3.15 Non-Discrimination. Both parties agree to comply with all applicable provisions of state and federal laws and regulations, including the Americans with Disabilities Act and Executive Order 99-4 and 2009-09, which are incorporated herein by reference, mandating non-discrimination and requiring that all persons, regardless of race, religion, sex, age, national origin or political affiliation shall have equal access to employment opportunity. 3.16 Disposition of Property upon Termination of the Agreement. The parties do not anticipate having to dispose of any property upon partial or complete termination of this Agreement. However, to the extent that such disposition is necessary, property shall be returned to its original owner. 3.17 E-Verify. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the parties warrant compliance, on behalf of themselves and any and all subcontractors, with all federal immigration laws and regulations that relate to their employees and compliance with the E-Verify requirements under ARIZ. REV. STAT. § 23-214(A). The party’s breach of the above-mentioned warranty shall be deemed a material breach of this Agreement and the non-breaching party may terminate this Agreement. The parties retain the legal right to inspect the papers of the other party to ensure that the party is complying with the above-mentioned warranty under this Agreement. 3.18 Fingerprinting Requirements. The parties shall comply with the fingerprinting requirements of ARIZ. REV. STAT. § 15-512 unless otherwise exempted. 3.19 Coordination of Processes to Address Student Misconduct. The parties shall work together to identify and streamline any separate processes for investigating and responding to acts of student misconduct that may also implicate criminal misconduct. [SIGNATURES ON FOLLOWING PAGE] 7 MG2:ddh 4623084.1 10/19/2022 IN WITNESS WHEREOF, the City and the District have executed this Agreement as of the date of the last signature set forth below. “City” “District” CITY OF BUCKEYE, an Arizona AGUA FRIA HIGH SCHOOL DISTRICT NO. Municipal corporation 206 a political subdivision of the State of Arizona By: By: Date: Date: ATTEST: City Clerk In accordance with the requirements of ARIZ. REV. STAT.§ ll-952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and that (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of State of Arizona. Attorney for the District Attorney for the City 7/15/25