SRO Grant - BESD.pdf

]NTERGOVERNMENTAL AGREEMENT BETWEEN
THE BUCKEYE ELEMENTARY SCHOOL DISTRICT
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 BUCKEYE ELEMENTARY SCHOOL DISTRICT, a political subdivision of the
State of Arizona (the "District"). The City and the District may be referred to herein
individually as a 'Party' or collectively as the "Parties."
RECITALS
WHEREAS, the District desires the City to assign police officers to the District to provide
certain services as School Resource Officers ("SROs"), or to assist in the development
and implementation of a school safety program and a law related education program
(referred to collectively as the'School Safety Program'), or both, and the City is willing
to assign police officers to the District for such purposes under the terms and conditions
of this Agreement, and
WHEREAS, the Dislrict has funding available through the Arizona Department of
Education School Safety Program Grant to provide funding for certified police officers
capable of performing SRO Service for the District.
WHEREAS, The City and the Diskict desire to enter into an agreement whereby the City
will provide sworn, certified police officers to serve as a School Resource Officer (each,
an "SRO") to assist in the development and implementation of the School Safety
Program in the Diskict.
WHEREAS, the mission of the School Resource Officer (SRO) Program is to foster trust
and cooperation when interacting with students and to provide for the overall safety and
security of everyone on or near school campuses.
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:
'1. Assiqnment. The City shall assign a total of two (2) police officers to the Diskict
seven (7) days priorto the commencement ofthe school year untilthe end ofthat school
year to perform services as follows:
Two (2) officers assigned as School Resource Officers only to the following
schools:
Bales Elementary School
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lnca Elementary School
Buckeye Elementary School
Sundance Elementary School
2. Term and Termination. This agreement shall commence on the Effective Date
and shall continue until May 24, 2026, unless othenivise terminated in accordance with
this Agreement. This agreement may be terminated without cause by eithel Party upon
(30) days' prior written notice.
3. Relationship of Parties.
The City shall have the status of an independent contractor for purposes of
this Agreement. This Agreement is not intended to and will not constitute,
create, give rise to, or otherwise recognize a joint venture, partnership, or
formal business association or organization of any kind between the Parties,
and the rights and obligations of the Parties shall only be those expressly
set forth in this Agreement. The Parties agree that no person supplied by
the District to accomplish the goals of this Agreement is a City employee
and that no rights under the City's civil service, retirement, or personnel
rules accrue to such a person.
The SROs assigned to the Diskict shall be considered employees of the
City and shall be subject to its control and supervision. The assigned SROs
will be subject to currenl procedures in effect for Buckeye police officers,
including attendance at all mandated training and testing to maintain state
peace officer certification. The assigned SROSs shall fulfill their duties as
law enforcement officers as certified by the Arizona Police Officers
Standards and Training Bureau ("AZ POST). The District shall not interfere
with the assigned SROs' duties as sworn law enforcement offlcers.
The City understands the District is responsible for the safety of students
on campus during the school day. lf the District receives information
indicating any police officer assigned to perform services for the District rnay
have engaged in unprofessional, illegal, or immoral conduct, the District will
immediately provide such information to the City. lf the City receives
information from any credible source indicating any police officer assigned
to perform services for the District may have engaged in unprofessional,
illegal, or immoral conduct that would affect the ofiicer's ability to safely
and/or professionally perform duties for the District, the City will immediately
provide such information, as allowed by law, to the District.
lf any alleged unprolessional, illegal, or immoral conduct might affect the
police officer's ability to safely and/or professionally perform duties for the
Dislrict, the City will immediately remove the officer from the District and
reassign the officer in accordance with City policies and procedures to allow
the city and/or the District to investigate the allegations. The City agrees to
assign a replacement oflicer to provide services to the District under this
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Agreement. lf a replacement officer cannot be provided, the District will be
credited for each day an officer is not assigned to the campus. The District,
at its sole discretion, may refuse the assignment to the District of any officer
who has been previously removed from the District because of allegations
of unprofessional, illegal, or immoral conduct.
The City shall be responsible for the police officer's compensation on days
schools are in session and the officer is not at the offlcer's assigned school
unless the office/s absence is due to attendance at an off-campus activity
at the school's request, activity stemming from action taken by the officer
while in service of the District, including attendance at Court, or it the officer
is working an alternative work schedule as agreed upon by the City and the
District.
The District agrees to pay the City $348,099.43 each fiscal year in
consideration for the services provided by the City under this Agreement.
This amount is $ 174,O49.72 each fiscal year for each of the two (2) assigned
police officers to the District.
SROs must seek approval from the appropriate Buckeye Police Department
supervisor before working overtime on SRO-criminal related incidents (i.e.,
those matters pertaining to the school, students or employees). The City
shall pay one hundred percent (100%) of any SRO overtime that results
from these incidents. The District shall pay one hundred percent (100o/o) of
any SRO related expense for extracurricular school activities outside of the
normal SRO job function (i.e., sporting events, dances, or other school
functions). These expenses must be approved by the Superintendent, or
the Superintendent's Designee following the Department Off Duty
guidelines. The SRO and City shall make every reasonable effort to ensure
that SROs do not incur overtime costs in any given week.
Payment to the city from the District is due within thirty (30 days of the
District's receipt of a monthly itemized invoice. The City may charge, and
the Diskict agrees to pay interest ("late fees") in the amount of ten percent
(10%) per annum on any balance that remains unpaid more than fifteen
days after the due date. The City and the District understand that late fees
will not be paid from School Safety Grant funds.
lf the City terminates this agreement as per paragraph 2, it will reimburse
the District on a pro rata basis.
Each Party will establish and maintain a budget according to its established
rules and regulations.
5. School Resource Officer's (SRO's) Responsibilities and Goals.
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4. Costs and Pavment.

A. 
An SRO shall have the following responsibilities:
Establish and maintain a professional working relationship with
school.
Provide appropriate police and enforcement services at school.
Work cooperatively with school administrators and parents to identify
students exhibiting high truancy rates.
Contact a parent or guardian of each truant student to advise him or
her of the incident and determine the parent's or guardian's
awareness of the situation.
lnvestigate all reported child abuse incidents within the school.
Prepare and mainlain Daily Logs and/or police related reports as
required by the operational needs ofthe Buckeye Police Department.
6. School Safetv Proqram; Duties and Responsibilities.
A.
The Parties agree to participate in the School Safety Program as
established by A.R.S. S 15-154 and as described more fully in the School
Safety Program Guidance Manual, which is attached here as Exhibit A and
incorporated into this Agreement by this reference.
Each Party agrees to assume the roles and responsibilities assigned to that
Party by the School Safety Program Guidance Manual.
C
An officer assigned to the School Safety Program for a ten (10) month
school year shall have the following duties:
Establish liaison with school administrators, staff, students and
parents,
lnform students of their rights and responsibilities as lawful citizens
through presentation of law-related education in the classroom.
School Safety Program officers shall complete 180 hours of
classroom law related education instruction per year as outlined in
Exhibit A.
Network with community agencies that may or do provide services
to the school.
Act as a resource in the investigation of school related criminal
activities.
Participate in campus activities, student organizations, and athletic
events when feasible and appropriate.
Provide a visible deterrence to crime while presenting a positive
impression of a law enforcement officer.
Keep within Buckeye Police Department Guidelines when providing
information requested by students, parents, and staff regarding law-
related incidents.
Attend annual training provided by the Arizona Department of
Education, with all related travel expenses to be paid by the District
as provided in the grant.
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Maintain an activity log that tracks law related education classroom
instruction, law enforcement activity and any situations that take the
officer ofi his or her assigned campus.
Collaborate with school personnel on school-wide safety strategies
and participate as a member of the School Safety Assessment and
Prevention Team.
7. Time and Place of Performance.
A
The City will ensure that the police officers assigned to the District as SROs
will be available for duty at their assigned school forty (40) hours each week
that school is in session during the term of this Agreement. The Parties
agree that officers assigned to the School Safety Program will serve a ten
(10) month, full-time, forty (40) hour a week assignment as specified by the
District's grant application. The assigned ofiicers will wear uniforms as
authorized by the applicable Buckeye Police Department Operations
Orders.
The officers' activities will be restricted to their assigned school grounds
except for:
Follow-up home visits when needed as a result of school related
problems.
lncentive programs approved in writing (for example by email)
between the Buckeye Police Department Supervisor and the
school's Principal, or the Principal's designee.
ln response to off campus, but school related, criminal activity.
Attendance at off-campus events or meetings at the school's
request.
Attendance at training.
ln response to emergency police activities.
As directed by any Buckeye Police Supervisor.
10.
8. District Res
nsibilities.
A.
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C
During days that schools are not in session, the police officers assigned as
SRO's shall perform their regular duties at a duty station as determined by
the Police Chief or the Police Chief s designee.
B
The District will provide the police officers with an office at the officers'
assigned school and such equipment and office supplies as is necessary
for performance of the officers' duties, including a desk, chair, telephone,
computer and email linkages, and filing space capable of being secured.
Upon termination, all property of equipment used by the Parties in the
performance of their responsibilities under this Agreement shall remain the
property of the Party that purchased the property or equipmeni.
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9. SE!Ca@]E!s. By mutual agreement, the Parties may meet from time to time
for purposes of discussing the status and conduct of the work being performed under
this Agreement, and addressing any problems that have come to the Parties' attention
and their views as to how such problems may be resolved, including amending the
terms and conditions of this Agreement. All amendments to this Agreement must be in
writing and approved by the City of Buckeye Law Department.
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Entire Aqreement: Modification. This Agreement constitutes the full and
complete understanding and agreement ofthe Parties. lt supersedes and replaces any
and all previous representations, understandings, and agreements, written or oral,
relating to its subject matter. There shall be no oral alteration or modification of this
Agreement; this Agreement and its terms may not be modified or changed except in
writing signed by both Parties and approved as to form by the City of Buckeye Law
Department and the District's legal counsel.
'11. Notices. Formal notices, demands and communication between the City and the
District shall be deemed sufficiently given if hand delivered or dispatched by registered
or certified mail, return receipt requested, postage prepaid, and addressed as follows:
DISTRICT:
Buckeye Elementary School Diskict #33
25555 Durango Skeet
Buckeye, 4285326
10. Severabilitv and Savinqs. lf 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.
1 1. Proqram Continuation Subiect to ADpropriation. 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 Diskict 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 Diskict, payable exclusively from
such annual appropriations, and is not a general obligation or indebtedness of the
District. lf the Governing Board of the Dlstrict 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 ofthen- current fiscal year and the
City and the District shall be relieved of any subsequent obligation under this
Agreement.
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CITY:
City of Buckeye
530 E. Monroe Avenue Buckeye, M 85326
Attn: Roger Klingler, City Manager
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12. Entire Aqreement. 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.
13, Applicable Law. This Agreement shall be govemed by and construed in
accordance with the laws of the State of Arizona, and suits pertaining to this Agreement
may be brought only in courts in Maricopa County, Arizona.
14. Cancellation. The Parties hereto acknowled ge that this Agreement is subject to
cancellation pursuant to A.R.S. S 38-51 1 .
'15. 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 A.R.S. S 23-1022 and the Arizona Wo*ers' Compensation laws. The
primary employer shall be solely liable for any workers' compensation benefits, which
may accrue, Each Party shall post a notice pursuant lo the provisions of A.R.S. $ 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
lurisdictional 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."
16. FERPA Com lian
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.
17. Non-D!scdl0!!e!!on. 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 994 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.
18- Disposition of ProDertv upon Termination ot the Aoreement. The Parties do
not anticipate having to dispose of any properly 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.
19. E-Verifv. To the extent applicable under A.R.S. S 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 A.R.S. S 23-214(A). The Party's breach of the above-
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mentioned warranty shall be deemed a material breach of this Agreement and the non-
breaching Party may terminate this Agreement. The Parties retain the legat right to
inspect the papers of the other Party to ensure that the Party is complying with the
above-mentioned warranty under this Agreement.
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ts. The Parties shall comply with the fingerprinting
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requirements of A.R.S. $1 5-512unless otherwise exempted.
2'1. 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.
lN WTNESS WHEREOF, the City and the District have executed this Agreement
as of the date set forth above.
"ctry"
City of Buckeye, and Arizona
municipal corporation
,DISTRICT"
Buckeye Elementary School District #33
By
Date:
Date:
ATTEST:
City Clerk
ln accordance with the requirements of A.R.S. S I l-952(D), the undersigned
attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of
thelr 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.
/eez.r,
Attomey for the District
Aftorney for the City
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