SRO IGA 20252026 (signed by JSS) (11980385.1).pdf
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INTERGOVERNMENTAL
AGREEMENT BETWEEN
THE ODYSSEY PREPARATORY
ACADEMY 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
ODYSSEY PREPARATORY ACADEMY, an Arizona Charter Academy (the "Academy").
RECITALS
A.
The Academy has funding available through its maintenance and operations
budget to fund school resource officer services ("SRO Service s") for Odyssey Preparatory
Academy.
B.
The City has funding available through its operating budget to provide the
Academy with trained, certified police officers capable of performing SRO Services for the
Academy.
C.
The City and the Academy desire to enter into an agreement whereby
the City will provide a sworn, certified police officers to serve as a School Resource
Officer (each, an "SRO") to provide SRO Services at Odyssey Preparatory Academy.
D.
The Academy is authorized to enter into this Agreement pursuant to ARIZ.
REV. STAT. §§ 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 P r o v i d e d.
A.
The City shall provide SRO Services to the Academy at Odyssey
Preparatory Academy on an hourly basis, as required by the Principal, not to exceed 40 hours per
calendar week.
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B.
The Buckeye Police Officer who is 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 or his designee.
C.
The Site Administrator (s) 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.
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 3.19, the City shall, within
ten business days upon request by the Academy, provide verification to the Academy of
the 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 Academy with
respect to the SRO Services shall be as set forth in the Buckeye Police Department SRO
Program, attached hereto as Exhibit A.
1.2
Accounting and Documentation. The SRO's salary and employer-paid
benefits rate shall be used to calculate the amount due from the Academy for SRO
Services. Supporting documentation of these actual amounts must be on file with the
Academy's Grants Office prior to payment of any invoice to the City.
SECTION II - OBLIGATIONS OF THE ACADEMY
2.1
Reimbursement to City - Monthly. The Academy shall reimburse
the City monthly for the services it provides pursuant to Section I above.
A.
The Academy shall pay up to $85,178 of the costs associated with
SRO Services received on a yearly (half of yearly salary plus actual cost of employer-
paid benefits) basis 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 Odyssey Preparatory Academy, including
all overtime, must be substantiated by time cards and approved by the high school's Dean
of Students. The Academy 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.
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B.
The Academy 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 Academy 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 Academy 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 Academy 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 Academy. No Odyssey Preparatory Academy
administrator shall interfere with a 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 Academy, except as provided in Section 3.13 below.
The City, its employees, and subcontractors are not entitled to worker's compensation
benefits from the Academy. The Academy does not have the authority to supervise or
control the actual work of City, its employees or subcontractors. The City, and not the
Academy, shall determine the time of its performance of the SRO Services provided under
this Agreement so long as City meets the requirements of its agreed scope of work as set
forth in Section I above. The Academy and the City do not intend to nor will they combine
business operations under this Agreement.
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3.5
Records. Both parties shall maintain the records required in this Agreement
for a period of two years after the termination of this Agreement.
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 Academy for failure to make
reimbursements upon the dates as required in this Agreement and upon the Academy'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 Academy for all SRO Services provided to that date, which the
Academy 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:
With copy to:
If to the
Academy:
With a copy to:
City of Buckeye
530 E. Monroe
Avenue Buckeye,
Arizona 85326
Attn: Daniel Cotterman, City Manager
Gust Rosenfeld, P.L.C.
One East Washington Street, Suite
1600 Phoenix Arizona 85004-2553
Attn: Shiela B. Schmidt, Esq.
Odyssey Preparatory
Academy 1495 S Verrado
Way Buckeye, AZ 85326
Attn: Megan Olson
Udall Shumway, PLC
1138 N Alma Schools Road, Suite 101
Mesa, AZ 85201
Attn: Jessica S. Sanchez
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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 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 involved parties.
3.9
Program Continuation Subject to Appropriation. The provisions of this
Agreement for payment of funds by the Academy shall be effective when funds are
appropriated for purposes of this Agreement and are actually available for payment.
The Academy shall be the sole judge and authority in determining the availability
of funds under this Agreement and the Academy shall keep the City fully informed
as to the availability of funds for its program. The obligation of the Academy to
make any payment pursuant to this Agreement is a current expense of the Academy,
payable exclusively from such annual appropriations, and is not a general obligation
or indebtedness of the Academy. If the Governing Board of the Academy 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 then- current fiscal year and the City and the Academy 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, A r i z o n a.
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
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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 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 regulation 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]
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IN WITNESS WHEREOF, the City and the Academy have
executed this Agreement as of the date of the last signature set forth
below.
"City"
"Academy"
CITY OF BUCKEYE, an Arizona
municipal corporation
Odyssey Preparatory Academy
By: ____________________________
By: ______________________________
Date: ___________________________ Date: _____________________________
ATTEST:
________________________________
City Clerk
In accordance with the requirements of ARIZ. REV. STAT. § l l-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 the State of Arizona.
Attorney for the Academy
______________________________________________
Attorney for the City
5/22/25