IGA

INTERGOVERNMENTAL AGREEMENT BETWEEN THE DYSART UNIFIED SCHOOL

DISTRICT NO. 89 OF MARICOPA COUNTY AND THE CITY OF EL MIRAGE, ARIZONA

The City of El Mirage ("El Mirage") and the Dysart Unified School District No. 89 ("District") enter
into this Agreement for placement of School Resource Officers ("SROs") in the Dysart Unified
School District in certain schools within the City of El Mirage. ("Agreement").

RECITALS
WHEREAS, the District has funding through the School Safety Program (“SSP”) Grant
from the Arizona Department of Education for the purpose of placing School Resource Officers
(“SROs”) on school grounds to contribute to safer school environments that are conducive to
teaching and learning. SSP funded officers provide certain services and the City is willing to
assign police officers to the District for such purposes in accordance with A.R.S. § 15-154, the
most current School Safety Program Guidance Manual, and this Agreement; and

WHEREAS, the District is authorized by A.R.S § 15-342(13), A.R.S § 11-952, and the
approval of its governing board to enter into this Agreement and the City is authorized by A.R.S
§ 11-952, and the approval of its City Council to enter into this Agreement; and

NOW, THEREFORE, In consideration of the mutual promises set forth herein, the parties agree
as follows:

1. Assignment
A. The City (if staffing allows) shall assign a total of two (2) police officers to the

District one (1) week prior to the commencement of the school year until one (1)
week following the end of that school year as police department staffing allows to
perform services as follows:

i assigned to the School Safety Program only to the
following Schools (if staffing allows):
e Dysart High School
e Thompson Ranch Elementary School

2. Term and Termination

A. This Agreement shall commence one week before the start of the school year,
July 30, 2026, and shall continue until one week after the end of the school year,
June 3, 2027, unless otherwise terminated in accordance with this Agreement.
This Agreement may be terminated without cause by either party upon thirty (30)
days’ prior written notice.

B. Dysart Unified School District’s participation in this Agreement is subject to
receiving funds from the School Safety Program Grant through the Arizona
Department of Education. In the event sufficient funds are not received from the
Grant or sufficient appropriations and authorization are not approved by the
Dysart Unified School District Governing Board, or if the Arizona Department of
Education revokes authorization or appropriation of the Grant or the Dysart
Unified School District Governing Board revokes authorization or appropriation at

any time, this Agreement shall terminate upon Dysart Unified School District's
written notice to the City. The City shall accept Dysart Unified School District's
decision about sufficient appropriations and authorization, which shall be final.

3. Relationship of Parties

A.

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 person.

The SROs assigned to the District shall be considered employees of the City and
shall be subject to its control and supervision. The El Mirage Police Department
police officers assigned as SROs will be subject to current procedures in effect for
El Mirage Police Department police officers, including but not limited to
attendance to all mandated training and testing to maintain state peace officer
certification. The assigned SROs shall fulfill their duties as law enforcement
officers as certified by Arizona Police Officers Standards and Training Bureau (“AZ
POST’). The District shall not interfere with the assigned SROs’ duties as sworn
law enforcement officers.

The City understands that the District is responsible for the safety of students on
campus during the school day. If the District receives information indicating that
any police officer assigned to perform services for the District may have engaged
in unprofessional, illegal, or immoral conduct, the District will immediately provide
such information to the City. If the City receives information from any credible
source indicating that any police officer assigned to perform services for the
District may have engaged in unprofessional, illegal, or immoral conduct that
would affect the officer’s ability to safely and/or professionally perform duties for
the District, the City will immediately provide such information to the District to the
extent allowed by state law and city policy.

If any alleged unprofessional, illegal, or immoral conduct might affect the police
officer’s ability to safely and/or professionally perform duties for the District, 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 to investigate the
allegations. The City agrees to assign a replacement officer to provide services to
the District under this Agreement if staffing permits. 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 officer’s assigned school unless
the officer’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 if the officer is working an alternative
work schedule as agreed upon by the City and the District.

4. Costs and Payment

A. The City will bill each month the lesser of 1/10" of the total amount of funding that
the District has secured from the School Safety Program and budgeted for each
school, or the assigned officer’s actual monthly salary and benefits, provided that
the SRO is participating in on-campus approved activities at least 80% of the
cumulative time that school is in session. The total amount billed is not to exceed
$365,400.

Any overtime, extracurricular assignments, after-hours events, off-duty details or
other services performed outside the officer’s normal assigned schedule shall
become the financial responsibility of the District and shall be billed in accordance
with Section 4(B) of this Agreement.

B. SROs must seek approval from the Principal, or the Principal’s Designee, and the
appropriate El Mirage Police Department SRO supervisor before working on
SRO-related overtime (i.e., those matters pertaining to the school, its students, or
its employees). The SRO and City shall make every reasonable effort to ensure
that SROs do not incur overtime costs in any given week. Should overtime be
approved:

1. The City shall pay one hundred percent (100%) of any overtime and
employer related expenses on SRO criminal-related incidents (e.g., those
matters pertaining to the school, students, or employees)

2. The City shall pay one hundred percent (100%) of any SRO overtime and
employer related expenses that result from City-related activities (i.e.,
those matters that do not involve the school, its students, or its
employees).

3. If an assigned SRO is asked and able to fulfill a school-related off-duty or
extra-curricular request, the District shall be billed and shall reimburse the
City for one hundred percent (100%) of the SRO overtime and employer
related expenses.

4. If an assigned SRO is unable to fulfill a school related off-duty or
extra-curricular request, the District shall independently hire and pay one
hundred percent (100%) of off-duty police related expenses for
extracurricular school activities outside of the normal SRO job function
(e.g. sporting events, dances, or other school functions) through the Off
Duty Management System for staffing

C. Payment to the City from the District is due within thirty (30) days of the District’s
receipt of a monthly itemized invoice

D. Payments shall be made payable to the City of El Mirage and mailed to the City at
the address provided or as otherwise requested.

5. Compliance with the School Safety Program

A. School Safety Program School Resource Officer Duties and Responsibilities

1. The parties agree to participate in the School Safety Program as
established by A.R.S. § 15-154 and as described more fully in the most
current School Safety Program Guidance Manual.

2. Each party agrees to assume the roles and responsibilities assigned to
that party by the most current School Safety Program Guidance Manual.

3. An officer assigned to the School Safety Program shall perform duties and
activities within the three roles listed in the most current School Safety
Program Guidance Manual:

Role #1) Law Enforcement Specialist
The Law enforcement specialists will act with the full authority of a law
enforcement officer to provide safety and security by providing services
such as:
e Investigate law violations
Crime prevention
Emergency Preparedness
Risk & vulnerability assessment
Threat assessments
Crisis intervention
First aid/CPR
De-escalation
Collaboration with local law enforcement
Referrals for court, community resources, DCS
Safety consultations
Prevention training/lessons
Community Policing
Uniform and equipment

Role #2) Law-Related Educator
Law-Related Education (“LRE”) is the teaching of rules, laws, and the legal
system that actively involves students to prepare them for responsible
citizenship. It also provides instructions in legal rights, responsibilities, and
the role of the citizen and requires students to practice the application of
LRE in potential real-life situations. The SSAPT uses the needs
assessment data and priority focus areas to determine which LRE
instruction will address those priority focus areas. Officers provide LRE
instruction in three ways:

1. Universal LRE

2. Cohort LRE

3. Community/Teacher LRE

Role #3) Positive Role Model/Mentor
As a positive role model for students and the school community, the SRO

should be a role model for rules and expectations of individuals on school
campuses. Reinforce and praise students who are meeting those
expectations. *Rules and expectations may come up in your LRE Lessons
or Character Education Lessons.

e Be visible and approachable
Build relationships
Be an informal counselor or mentor
Encourage responsibility
Teach skills to build students’ character and social skills

B. An officer assigned to the School Safety Program shall be responsible for other
requirements indicated in the most current School Safety Program Guidance
Manual such as:

1.

Maintaining an activity log that tracks the activities the officer provides
within the three roles (Law Enforcement Specialist, Law-Related Educator,
Positive Role Model/Mentor), other services the officer provides, and
tracks the officer’s time on campus.

Attend annual training provided by the Arizona Department of Education
and the Arizona Foundation for Legal Services and Education.

As a member of the School Safety Program Team, the officer will
collaborate with school personnel on school-wide safety strategies.

C. School Safety Program School Administrator Responsibilities

1.

The parties agree to participate in the School Safety Program as
established by A.R.S. § 15-154 and as described more fully in the most
current School Safety Program Guidance Manual.

Each party agrees to assume the roles and responsibilities assigned to
that party by the most current School Safety Program Guidance Manual.

The school and administrators shall be responsible for implementing the
School Safety Program as required in the most current School Safety
Program Guidance Manual and support the officer by:

e The parties agree that School Administration is solely responsible
for student disciplinary matters.

e The school shall conduct investigations of incidents for which
suspension or expulsion may be considered under [SCHOOL
DISTRICT]’s Code of Student Conduct, including the responsibility
to consult with the appropriate agencies in situations where crime
is involved, as required by law.

e The school must ensure compliance with applicable state and
federal laws such as the IDEA, FERPA, mandatory reporting laws,
etc.

e The school must ensure they provide the officer with training,
documentation, and expectations for the District’s policies and
procedures in areas that affect the SRO such as discipline, special
education, emergency operation plans, etc.

e The school shall notify the officer of any special needs of students
in order to assist the officer in recognizing and accommodating
behaviors that may be manifestations of the student's disability.

D. School Safety Program School District Responsibilities

1.

The parties agree to participate in the School Safety Program as
established by A.R.S. § 15-154 and as described more fully in the most
current School Safety Program Guidance Manual.

Each party agrees to assume the roles and responsibilities assigned to
that party by the most current School Safety Program Guidance Manual.

The District will provide the police officers with access to an office at the
officers’ assigned school and access to supplies to fulfill their duties such
as:

e Access to equipment and office supplies as is necessary for
performance of the officers’ duties, including a desk, chair,
telephone, computer
District e-mail address
Secured filing space (only accessible to the officer)
A copy of the IGA
A copy of the District or Charter’s Student/Parent Handbook
A copy of the District or Charter’s Student Code of Conduct
A copy of the School’s Master Schedule (as appropriate)
A copy of the District or Charter’s school calendar
School Organizational Chart with Contact Information
If available, secured wall locker (only accessible to the officer)
If available, Radio/walkie-talkie for two-way communication with
officer/administration
e Access Control:

a. Camera Access

b. Master Key Access/Alarm System Access or Codes
e Access to student records as needed (compliant with FERPA)
e Emergency Operations Plans

E._ City of El Mirage Responsibilities

1.

Participate in the development, review, and revision of the
Intergovernmental Agreement.

Submit monthly invoices to the District and billing will be conducted in
accordance with Section 4 of this Agreement.

The City will strive to ensure that the officer is participating in an approved
activity 100% of the time that school is in session. However, according to
the most current School Safety Manual, the City will bill each month if the
officer has spent at least 80% of the cumulative time that school is in
session participating in on-campus approved activities. For example: if

school is in session for 180 days during the school year, the SRO must be
participating in an on-campus approved activity at least 144 days. A full
day is defined as the officer working 4 or more hours on approved
activities.

4. Approved activities are defined as:

a. Time on campus; or

b. Time off campus related to the SRO program — specifically,
attending mandatory SSP training, student home visits, off campus
yet school related activities, and required training to maintain AZ
Post License.

5. The District acknowledges that paid leave (Paid sick time or Paid Time Off)
is not considered SSP program activity; however, such leave is a standard
component of compensation and is included in the total cost of services
under this Agreement.

6. The City will provide a summary sheet with each month's invoicing that
shows the officer’s attendance according to City records as evidence that
the officer has participated in on-campus approved activities at least 80%
of the cumulative school year. The summary sheet will be in the form of
the attached Exhibit A.

7. Inthe event that an assigned SRO vacates their assignment for any
reason, the replacement of that SRO shall be contingent upon the law
enforcement agency's staffing availability, as determined in its sole
discretion. If sufficient staffing is not available to fill the SRO position, the
District acknowledges and agrees that the SRO assignment shall be
discontinued, and the campus shall transition to a School Safety Officer
(SSO) model or other alternative security arrangement as determined by
the District.

F. Upon termination, all property or 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 equipment.

6. Time and Place of Performance

A. The City will strive to ensure that the police officers assigned to the District as
SROs will participate in an approved activity 100% of the time that school is in
session. The parties agree that officers assigned to the School Safety Program
will serve a ten (10) month, full-time, assignment. The assigned officers will wear
uniforms as authorized by the applicable El Mirage Police Department Operations
Orders.

B. The officers’ activities will be primarily performed at their assigned school grounds

except for:

1. Home visits when needed as a result of school-related problems.

2. In response to off campus, but school related, criminal activity.

3. Attendance at off-campus events or meetings in accordance with the SSP
requirements.

4. Attendance at SSP training.

5. In response to emergency police activities in close proximity to the school.

C. Pursuant to the IGA, when school is not in session, the police officers assigned
shall return to their law enforcement agency functions.

7. Status Meetings

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 El Mirage Legal Department.

8. Entire Agreement; Modification

This Agreement constitutes the full and complete understanding and agreement of the
parties. It 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.

9. 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, or transmitted by electronic mail as set forth
below and addressed as follows:

DISTRICT:

Attn: Jason Yeager and/or Patrice Davis
15802 N. Parkview Place

Surprise, AZ 85374

Jason.yeager@dysart.or
Patrice.baker@dysart.org

Electronic Notice Requirements. Notice transmitted by electronic mail shall be deemed
effective upon transmission provided that the sending party receives written
acknowledgment (which may include a reply email) from the receiving party confirming
receipt. If such acknowledgment is not received within one (1) business week, the
sending party shall resend the notice or provide notice by another permitted method set

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forth herein.
Fingerprinting and Background Check

The City represents and warrants that it will ensure that each officer assigned to perform
services on District property pursuant to this Agreement will be fingerprinted and
successfully complete a background check performed by the City before such
assignment.

Legal Worker Requirements

The parties warrant their respective compliance with all federal immigration laws and
regulations relating to their respective employees and each party respectively warrants its
respective compliance with Arizona Revised Statutes § 23-214, subsection A. Any breach
of the warranties under this paragraph will be deemed a material breach of the
Agreement and is subject to penalties up to and including termination of the Agreement.

Resolution of Disputes

In the event a dispute for any reason arises and pursuant to A.R.S. § 15-154(F), the
parties shall meet and discuss within three (3) business days. Any dispute not resolved
by mutual agreement of the parties shall be decided in accordance with the applicable
Arizona laws, including, if there is a dispute, which is the subject of mandatory arbitration
provisions of A.R.S. § 12-133, the parties shall submit the matter to binding arbitration in
compliance with A.R.S. § 12-1518.

Cancellation

The City and the District acknowledge that this Agreement is subject to cancellation by
either party pursuant to the provisions of A.R.S. § 38-511.

Nonappropriation

Each party recognizes that the performance by either party under this Agreement may be
dependent upon the appropriation of funds to or by that party. Should either party fail to
appropriate the necessary funds, that party may terminate this Agreement as stated
herein without further duty or obligation. Each party agrees to give notice to the other
party as soon as reasonably possible after the unavailability of funds comes to the party’s
attention.

Compliance with Applicable Laws

Each party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of federal, state and local governments whether or not
specifically referenced in this Agreement.

Indemnification

Each party (as “Indemnitor”) agrees to the extent permissible under Arizona law to

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indemnify, defend, and hold harmless the other party (as “Indemnitee”) from and against
any and all claims, losses, liability, costs, or expenses (including reasonable attorneys’
fees) (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.

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. § 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 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 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.”

FERPA Complian

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.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the
State of Arizona.

Public Record

Parties acknowledge, accept, and agrees that both Parties are subject to the Arizona
Open Meeting Law, Arizona Revised Statutes (A.R.S.) §§ 38-431 through 38-431.09 and
the Arizona Public Records Act, A.R.S. §§ 39-121 through 39-161, as amended from time
to time. Information provided may be subject to public record requests and may be
disclosed and preserved as a public record when it is made or received by a
governmental agency in pursuance of law or in connection with the transaction of public
business and preserved by the agency or its legitimate successor as evidence of the
organization, functions, policies, decisions, procedures, operations, or other activities of
government.

No Israel Boycott

The Parties agree that they are not currently engaged in and agree that for the duration of
the Agreement they will not engage in, a boycott of Israel, as that term is defined in
A.R.S. §35-393.

PAGE INTENTIONALLY LEFT BLANK

SIGNATURES FOLLOW

The Parties have caused this Agreement to be executed on the dates indicated below.

City of El Mirage, Alexis Hermosillo,
Mayor

By:

Name:
Title:
Date:

Approved as to Form:

El Mirage City Attorney

Dysart Unified School District, John
Croteau, Superintendent

By:

Name:

Title:

Date:

Approved as to Form:

DUSD Attorney