IGA

City of Mesa — City Council (2026-07-20)

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INTERGOVEMENT AGREEMENT BETWEEN
MESA UNIFIED SCHOOL DISTRICT #4

AND
CITY OF MESA, AN ARIZONA MUNICIPAL CORPORATION

This INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and
between the MESA UNIFIED SCHOOL DISTRICT #4 ("District"), an Arizona political
subdivision, and the CITY OF MESA ("City"), an Arizona municipal corporation, the
authority of A.R.S. § 11-952.

The School Safety Program was established by A.R.S. § 15-154 in 1994 for the purpose of
placing School Resource Officers (SRO) and Juvenile Probation Officers (JPO) on school
grounds to contribute to safe school environments that are conducive to teaching and
learning. Through comprehensive prevention and intervention approaches, School Safety
Program funded officers maintain a visible presence on campus; deter delinquent and violent
behaviors; serve as an available resource to the school community; and provide students and
staff with Law-Related Education instruction and training.

District and City are authorized by A.R.S. § 11-951 et. seq. to enter into agreements for
the joint exercise of any power common to the contracting parties as to governmental
functions necessary to the public health, safety and welfare, and the proprietary functions
of such public agencies.

District and City desire to work in cooperation with one another to further the goals of
the approved "School Safety Program" in accordance with the Guidance Manual.
Through this Agreement, City will assign law enforcement officers to District to perform the

services listed in paragraph two below. Therefore, in consideration of the mutual
promises and undertakings contained herein, the parties hereby agree as follows:

1. Duration of Agreement
This Agreement shall begin on July 1, 2026 and shall terminate on June 30, 2029.
2. Renewal

This Agreement may be renewed for subsequent one (1) year terms by signed and
written mutual consent of the Parties.

3. Services to be Performed

The law enforcement officers assigned to District shall team with security
specialists of District and probation officers assigned by the Maricopa County

enforcement officers shall provide services, on campus and in the community
in an emergency, associated with keeping the schools safe. These uniformed
law enforcement officers shall be assigned on a full- time basis to the school
campuses in order to monitor these campuses, especially before and after
school and during lunch hours, in order to assist District safety efforts and to
serve as a possible deterrent to criminal activity. The law enforcement officers
will conduct criminal investigations and follow up investigations related to
crime by or between students and on campus.

Law enforcement officers and school administration shall work together
in terms of developing programs and providing consultation regarding safety
factors and how to handle volatile situations. Students will also be allowed to
meet with law enforcement officers to discuss issues in a non- threatening
environment.

Law enforcement officers will provide the minimum amount or more of Law
Related Education (LRE) as required and specified by the Arizona Department of
Education's School Safety Program grant as a preventative education approach; and
assist in developing programs and providing consultation regarding safety
factors.

Law enforcement officers will work a 4-10-hour day schedule. Any work
performed outside of their normal schedule would be under City Off Duty rates
which would be billed separately.

Any other services that are agreed upon in writing between District and City
relating to the subject matter of this Agreement shall be performed.

4. Finance and Budget

The State of Arizona Department of Education has provided funding to Mesa Unified
School District #4 for the placement of law enforcement officers in District schools
as part of the "School Safety Program". These funds may be applied during the 10-
month school year, as applicable, to time specifically dedicated to program
development, upgrading Law Related Education, and instructing or attending SRO
related training.

a. Annual District Payment to City of Mesa

Maximum allowable annual payment per school for SRO salary, employee
related expenses:

MPS Salary Cost an ome
School For 10 Months
Years

Carson Jr. High School 169,297.58 507,892.74
Dobson High School 168,276.43 504,829.29
East Valley Academy High School 169,297.58 507,892.74
Fremont Junior High School 112,560.33 337,680.99
Kino Junior High School 153,933.27 461,799.81
Mesa High School 169,297.58 507,892.74
Mountain View High School 174,072.69 522,218.07
Poston Jr. High School 165,592.25 496,776.75
Red Mountain High School 144,840.95 434,522.85
Rhodes Jr. High School 143,771.98 431,315.94
Shepard Jr. High School 165,592.25 496,776.75
Skyline High School 150,702.86 452,108.58
Smith Jr. High School 168,236.72 504,710.16
Stapley Jr. High School 165,592.25 | 496,776.75
Taylor Jr. High School 140,058.54 420,175.62
Westwood High School 165,592.25 496,776.75
2,526,715.51 | 7,580,146.53

Reimbursement request to District will be based on actual salary plus
employee related expenses, to include bi-lingual pay, and will not exceed the
maximum listed above. If an SRO is not available due to vacation time, comp
time, sick time or training time, MPS will still be billed for the time the SRO
is off. MPS will be responsible to cover the cost of any substitute Off Duty
SRO that was called in to cover while the full-time assigned SRO is off.

b. Payment Terms

For each of the three years this IGA is in effect, District will be billed on

the 30" of the month following the end of the quarter as follows:
i. Quarter 1: August through September, Billed by October 30th
ii. Quarter 2: October through November, Billed by December 30th
iii. | Quarter 3: December through February, Billed by March 30th
iv. Quarter 4: March through May, Billed by June 30th

District will remit billed amount to City within thirty (30) days of billing. The
District shall pay reasonable late fees for delayed payment upon mutual
agreement of the District and City. Late fees shall not be paid from School
Safety Grant funds.

5.

Inappropriate Expenditures

City and District shall expend funds only for the purposes and uses specified in the
approved plan and budget. City and District agree to reimburse the Arizona Department of
Education for any unauthorized or inappropriate expenditures that are not in compliance
with the approved plan and budget and this Agreement. Funds shall not be used to pay City
or District administrative costs for services associated with receipt of those funds
including, but not limited to, the cost of accounting, payroll, data processing, purchasing,
personnel, and building use.

Fund Accounting

Funds distributed to City shall be handled and accounted for in accordance with the
regular operating procedures established by City.

Reporting and Records

All books, accounts, reports, files and other records relating to the Agreement shall be
kept for five years after termination of the Agreement. Any information concerning
students or District employees relating to the Agreement may be disclosed by District
only as permitted by federal and state law.

Termination and Modifications
a. Termination

Either party may terminate this Agreement with thirty (30) days-notice to the
other party if in its judgment such action is necessary due to: (a) funding
availability; (b) statutory changes in the program; (c) either party's
noncompliance with this Agreement. Any termination must be in writing, stating
the reason therefor and, sent by certified mail.

b. Modifications

Any modification to this Agreement must be by mutual written consent of the
parties.

Employment Status of Law Enforcement Officer

Except as otherwise provided by law, specifically A.R.S. § 23-1022(D), in the

performance of this Agreement and the "School Safety Program" both parties hereto will
be acting in their individual governmental capacities and not as agents, employees,
partners, joint ventures, or associates of each other. The employees, agents, or

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subcontractors of one party shall not be deemed or construed to be the employees or
agents of the other party.

The law enforcement officer's hours will be determined by the City and the District.

City recognizes the necessity of interfacing with District in relation to assignments,
hours, and discipline issues of the law enforcement officer and will consult with the
relevant parties if/when problems arise.

10. Indemnification

Each Party to this Agreement (as “Indemnitor”) agrees to defend, indemnify and hold
harmless the other Party, and such Party’s officers, officials, employees, agents, and
directors (collectively, “Indemnitee”) from and against any and all claims, demands, losses,
liabilities, causes of action and costs (including expert witness fees, attorneys’ fees and costs
of defense and appellate appeal) (“Claims”), which may be imposed upon, incurred by or
asserted against the Indemnitee, attributable (directly or indirectly) to, or arising in any
manner by reason of, the negligence, acts, errors, or omissions of any agent, officer, servant,
or employee of the Indemnitor, or anyone for whom Indemnitor may be legally liable, in the
performance of this Agreement.

The provisions of this Section 10 shall survive the termination of this Agreement.

11.Compliance with the Arizona Legal Worker's Act

To the extent applicable under A.R.S. § 41-4401 and 23-214, the Parties represent and
warrant compliance with all federal immigration laws and regulations that relate to their
employees and their compliance with the E-verify requirements of A.R.S. 23- 214(A).
The Parties' breach of the above-mentioned warranty shall be deemed a material breach
of the Agreement and may result in the termination of the Agreement by either Party. The
Parties retain the legal right to randomly inspect the papers and records of any employee
who works under this Agreement to ensure compliance with the above-mentioned laws.

12. Dispute Resolution

a. Except as otherwise provided herein, any controversy between the parties arising
out of this Agreement or breach thereof, is subject to the mediation process
described below.

b. A meeting will be held promptly between the parties to attempt in good faith to
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negotiate a resolution of the dispute. Individuals with decision making authority
will attend the meeting regarding the dispute. If within twenty (20) days after such
meeting the parties have not succeeded in resolving the dispute (subject to approval
by the parties' governing bodies), they will, within twenty (20) days thereafter
submit the dispute to a mutually acceptable third party mediator who is acquainted
with dispute resolution methods. The parties will participate in good faith in the
mediation and in the mediation process. The mediation shall be nonbinding.
Neither party is entitled to seek or recover punitive damages in considering or fixing
any award under these proceedings.

c. The costs of mediation, including any mediator's fees, and costs for the use of the
facilities during the meetings shall be borne equally by the parties. Each party's
costs and expenses will be borne by the party incurring them.

13. Entire Agreement

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

14. Invalidity of Part of the Agreement

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

15.Governing Law

This Agreement shall be construed under the laws of the State of Arizona and shall
incorporate by reference all laws governing the intergovernmental agency agreements and
mandatory contract provisions of state agencies required by statute or executive order.

16. Conflict of Interest

The parties acknowledge that this Agreement is subject to cancellation provisions pursuant
to A.R.S. § 38-511, the provisions of which are incorporated here in and made a part hereof.

17.Compliance with Non-Discrimination Laws

City and District shall comply with Title VII of the Civil Rights Act of 1964, as amended,
the Age Discrimination in Employment Act, and State Executive Order No. 75-5 which
mandates that all persons, regardless of race, color, religion, sex, age, national origin or

political affiliation, shall have equal access to employment opportunities. City and District
shall comply with the Rehabilitation Act of 1973, as amended, which prohibits
discrimination in the employment or advancement in employment of qualified persons
because of physical or mental handicap, and the Americans with Disabilities Act.

18.Compliance with School Safety Program Guidelines

The City and the District agree to implement this Agreement in accordance with the School
Safety Program guidelines ("Guidelines") established by the School Safety Program
Oversight Committee, including and without limitation the following guidelines:

a. District and City shall accept the School Safety Program guidelines.

b. District and City shall accept the roles and responsibilities established by
the School Safety Program guidelines.

c. The school resource officer ("SRO") shall fulfill his/her duties as a sworn
law enforcement officer for the State of Arizona.

d. No District or school administrator shall interfere with the duties of the
SRO as a sworn law enforcement officer.

e. The District and City accept their roles and responsibilities as established
by the Guidelines.

f. The school shall provide office space that provides privacy for the SRO to
conduct confidential business. The office shall include the necessary
equipment for an officer to effectively perform duties, i.e., telephone,
desk, chair, filing cabinet, up-to-date computer and printer, as provided
in the grant.

g. The District or City shall provide a copy of the application, award
notification and Agreement to each officer by July 31st or as soon as the
Agreement is signed by all parties.

h. The District or City shall send officers annually to School Safety
Program required trainings and provide for all related travel expenses
as provided in the grant.

i. The District and school shall have a written document describing the
general chain of command and channels of communication for the District
and school.

j. The District and City shall use the SRO recommended qualifications and
job description in the Guidelines in their officer recruitment efforts.

k. The City has discretion in the selection and school assignment of the SROs and
shall abide by the Guidelines for the hiring process. The District will provide SRO
performance feedback to the SRO's supervisor.

1. The District and City shall conduct SRO performance evaluations in accordance with
the Guidelines.

m. Inthe event an appeal is necessary, the District and City shall follow the
appeal procedure in the Guidelines.

n. The Guidelines provide additional information regarding:
e SRO Recommended Qualifications and Recommended Job Description
e The Hiring Process
e Officer Training

10 Month Position

e Summer/Intersession Activities

The Appeal Procedure

Performance Evaluation

o. The City agrees to provide an SRO for 10 months to:

Carson Jr. High School
Dobson High School

East Valley Academy High School
Fremont Junior High School
Kino Junior High School
Mesa High School
Mountain View High School
Poston Jr. High School
Red Mountain High School
Rhodes Jr. High School
Shepherd Jr. High School
Skyline High School

Smith Jr. High School
Stapley Jr. High School
Taylor Jr. High School
Westwood High School

19. Notices

Jeff Solomon
Director, School Safety and Security
Mesa Unified School District No. 4

63 E. Main Street #101
Mesa, AZ 85201

Daniel Butler

Chief of Police

Mesa Police Department
Post Office Box 1466
Mesa, AZ 85211

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date
written below.

District City
Mesa Unified School District No. 4 City of Mesa
This Day of 2026 This Day of 2026
By: By:
Matt Strom Scott Butler
Superintendent City Manager
Mesa Public School City of Mesa
ATTEST: ATTEST:
Governing Board City Clerk
Mesa Public School City of Mesa

Copies of the appropriate action by ordinance, resolution, or otherwise authorizing the respective
parties to enter into this Agreement are attached hereto.

In accordance with A.R.S. § 11-952, this contract has been reviewed by the undersigned who
have determined that this contract is in appropriate form and within the powers and authority
granted to each respective body.

This Day of 2026 This Day of 2026

By: By:

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