IGA

INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF MESA, ARIZONA AND
THE QUEEN CREEK UNIFIED SCHOOL DISTRICT

This Intergovernmental Agreement (“Agreement”) made this day __ of , 2026 by
and between the City of Mesa, Arizona, a municipal corporation (hereinafter referred to as the
“City”), and the Queen Creek Unified School District #95, a political subdivision of the State of
Arizona (hereinafter referred to as “QCUSD”).

1. STATUTORY AUTHORITY

The City is authorized to enter into this Agreement pursuant to A.R.S. § 11-952 and
has authorized the undersigned to execute this Agreement on behalf of the City.

QCUSD is authorized to enter into this Agreement pursuant to A.R.S. § 11-952 and
has authorized the undersigned to execute this Agreement on behalf of the QCUSD.

2. PURPOSE

City and QCUSD desire to work in cooperation for the purpose of placing a single sworn
Mesa police officer as a Schoo! Resource Officer (SRO) at Eastmark High School (“campus”)
grounds Monday through Friday to contribute to safe school environments that are conducive
to teaching and learning. Through comprehensive prevention and intervention approaches,
SROs 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.

3. SCHOOL SAFETY PROGRAM GRANT

The Parties agree and understand that QCUSD's participation in this Agreement is
funded through a School Safety Program Grant (“SSP Grant”) administered by the Arizona
Department of Education (“ADE”). The Parties understand and acknowledge that SSP Grant
funds are conditioned upon the acceptance of each entity of the roles and responsibilities
established by the School Safety Program Manual (“Manual”).

A copy of the Manual is attached here as Exhibit A. The Parties understand and agree
that the Manual may be amended from time to time by ADE.

4.  QCUSD OBLIGATIONS

4.1. Accept the SSP requirements contained in the Manual.
4.2. Not interfere with the duties of the SRO as a sworn law enforcement officer.
4.3. Reimburse City in an amount not to exceed the SRO's regular salary and benefits

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for up to 40 regular hours of work for services provided under this Agreement for 10 months per
12-month year. The parties shall establish by separate agreement the rate to be paid for the
services of the assigned SRO for any time exceeding their regular scheduled 40-hour work week.
Any additional regular or overtime hours shall be approved in advance in writing by QCUSD.
QCUSD’s obligations to pay as described in this Section 4.3 shall extend to the salary and
benefits or overtime hours of a single officer. Should the assigned SRO be absent, QCUSD will
pay for the substitute officer's salary and benefits or agreed upon overtime hours while assigned
to QCUSD, but in no event shall QCUSD be required to pay for the salary and benefits, or
overtime of both the assigned SRO and the substitute for the same period of time unless
otherwise agreed by the parties in writing.

4.4. Pay the City within 30 days of receipt of an invoice from the City. The requested
payment(s) will be for costs (as specified in section 4.3) related to conditions of employment and
activities directly related to the school site or students (on and off campus). QCUSD shall pay
late fees as established between the parties and set forth in this Agreement. Late fees shall not
be paid with SSP funds.

4.5. Assist SRO in developing programs and providing consultation regarding safety
factors specific to school campuses.

4.6. 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 as further defined in 5.6, i.e. telephone, desk, chair, filing cabinet, up-to-date computer
and access to a printer.

4.7. Establish a School Safety Program Team (“SSPT”) that meets quarterly.
Required SSPT members are set forth in the Manual.

4.8. Require the Site Administrator to develop and implement an SSP Continuous
Improvement Plan, as set forth in the Manual, in conjunction with the school’s SSPT.

4.9. Require the school administrator evaluate the SRO twice per year as further
defined in 5.3. The administrator shall share the assessment with the SRO’s supervisor.

4.10. Require the school administrator meet formally with the SRO Supervisor at least
once per semester.

4.11. The School Administrator is responsible for administration of all school discipline.

4.12. Require a teacher to be present in the classroom at all times while the SRO
implements LRE classroom instruction. Teacher and SRO shall work cooperatively in the
planning and delivery of law related education (“LRE”).

4.13. Develop in conjunction with City a written document describing the chain of
command for officers, school administrators and the Mesa Police Department (“MPD”).

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4.14. If District receives grant funds designated for the School, Education, and
Community Resource Officer Program, some or all of the expenses under this Agreement may
be used to reimburse City therewith.

4.15. Neither District nor City will charge the other for any administrative fees incurred
under this Agreement.

4.16. Require District Administrator to attend annual required training provided by ADE
SSP and to track all individuals required training completion for the District.

4.17. Require the Site Administrator, in conjunction with the agency supervisor, to
support, oversee and review the SSP Officer Log to ensure compliance with the SSP Grant.
Activity Logs must be maintained in an organized and accessible format and made available
upon request by ADE.

5. CITY OBLIGATIONS

5.1. Accept the SSP requirements contained in the Manual.

5.2. Assign an SRO to the QCUSD campus of Eastmark High School. The assigned
SRO shall satisfy the SRO Recommended Qualifications and Recommended Job Description
as established by the Manual. The SRO is a member of the SSPT.

5.3. Assign a supervisor for the SRO. The SRO Supervisor shall work with the school
administrator to oversee the SRO’s performance and perform the duties outlined in this
Agreement, including but not limited to conducting site visits, ensuring the SRO keeps a weekly
activity log, accepting assessment forms completed by the school administrator, and meeting
with the school administrator at least once per semester. The SRO supervisor will be responsible
for the SRO’s compliance with his or her duties pursuant to the terms of this Agreement.

5.4. Pay costs associated with the employment of the SRO assigned to campus that
exceed the amount agreed to be paid by QCUSD, including but not limited to salary, benefits
and overtime not otherwise previously approved in writing by QCUSD.

5.5. | Require the SRO(s) to provide services, on campus and in the community in an
emergency, associated with keeping the school safe. When school is in session, an SRO is
required to be on campus 80% of the time. The uniformed SRO(s) shall be assigned on a full-
time basis to the school campus (10 months per 12 month period) in order to monitor the campus,
especially before and after school and during lunch hours, in order to assist school administration
safety efforts and to serve as a possible deterrent to criminal activity, provided, however, that
this provision shall not be interpreted to prohibit training, off-site meetings, vacation, sick time,
or other activities required by the MPD. Pursuant to the ADE SSP Grant and Manual, full-time
shall mean 40 hours per week.

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5.6. | Require the SRO to fulfill his or her duties as a sworn law enforcement officer for
the State of Arizona, including conducting criminal investigations and following-up on
investigations related to crime between students and on campus.

5.7. | Require the SRO provide the prescribed number of LRE hours as designated by
ADE, the terms of the SSP Grant, the Manual, and available staffing conditions. The SRO and
Teacher assigned by QCUSD shall work together in the planning and delivery of the LRE.

5.8. Require the SRO to fully complete the SSP Officer Activity Log in the form
prescribed in the Manual and share the Activity Log with the Site Administrator and SRO
Supervisor. The activity log shall be made available to the Site Administrator and SRO
Supervisor.

5.9. Require the SRO Supervisor, in conjunction with the Site Administrator, to
support, oversee and review the SSP Officer Log to ensure compliance with the SPP Grant.
Activity Logs must be maintained in an organized and accessible format and made available
upon request by ADE.

5.10. The SRO may assist in developing programs and providing consultation
regarding safety factors specific to the school campus. Students will also be allowed to meet
with the SRO to discuss issues in a non-threatening environment.

5.11. Require the SRO and the SRO Supervisor to participate in annual SRO training as
required by the SSP Grant.

5.12. Develop in conjunction with QCUSD a written document describing the chain of
command for officers, school administrators, and MPD.

6. EMPLOYMENT STATUS OF LAW ENFORCEMENT OFFICERS

6.1. Employment Status in performance under this Agreement, City and District will
be acting in their individual government capacities and not as agents, associates, employees,
partners, or joint ventures of the other.

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

6.3. Hours. Law enforcement officer's hours will be determined at the discretion of the
City provided that when school is in session, the City shall ensure the SRO is on campus 80%
of the time.

6.4. Assignments, Hours, and Discipline. City recognizes the necessity of

coordinating and discussing with District assignments, hours, and discipline issues of the law
enforcement officer and will consult with the relevant parties as needed.

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6.5. Status. The sworn Mesa police officers assigned to Queen Creek Unified Schools
and referenced above, shall fulfill his or her duties as a sworn law enforcement officer for the
State of Arizona and District or school administrator shall not interfere therewith.

6.6. Selection. City has the discretion in the selection and assignment of the SRO
assigned to Eastmark High School provided that the SRO chosen meets the requirements and
qualifications set forth in the Manual.

6.7. Office Space. The school shall provide office space that provides privacy for the
sworn Mesa police officer to conduct confidential business necessary to provide services under
this Agreement. The office shall have necessary equipment for an officer to perform duties, to
include: a telephone, chair and desk. City shall provide the sworn Mesa police officer with
computer equipment necessary to conduct law enforcement business.

6.8. Performance Evaluation. District in consultation with MPD shall conduct
performance evaluations on the sworn Mesa police officer assigned to the Queen Creek Unified
Schools and referenced above. In the event an appeal is necessary, City and District shall follow
the appeal process in Management Policy 300, Performance Appraisal Program.

7. 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 7 shall survive the termination of this Agreement.

8. TERM

This Agreement shall be effective as of 1st day of July 2026 and shall terminate on the
30" day of June 2029.

9. TERMINATION

Either Party may terminate this Agreement for convenience upon thirty (30) days’ prior
written notice to the other Party. Either Party may terminate this Agreement for cause upon
fourteen (14) days’ prior written notice (or such shorter notice that the notifying Party
determines is necessary to protect the public health and safety) to that the other Party that such
Party has substantially breached its obligations under this Agreement.

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10. DISPUTE RESOLUTION

The Parties agree to work in good faith to attempt to resolve any disputes at a level
nearest the school as possible. Any dispute should first be addressed at the site level between
the SRO and school administration. If a resolution is not reached, the dispute should move
through the process established by the SRO's department and QCUSD policy, to the extent
possible. If the dispute is not resolved through elevation though all levels of those processes,
the dispute shall be resolved through litigation.

11. GENERAL

11.1. Amendment. This Agreement may not be modified, except by written
amendment, duly executed by both Parties.

11.2. Insurance. The Parties agree to secure and maintain insurance coverage for any
and all risks that may arise out of the terms, obligations, operations, and actions as set forth in
this Agreement, including but not limited to public entity insurance. The acquisition of insurance
or the maintenance and operation of a self- insurance program may fulfill the insurance
requirement.

11.3. Conflict of Interest. Pursuant to the provisions of A.R.S. § 38-511, either Party
may cancel this Agreement, without penalty or obligation, if any person significantly involved in
initiating, negotiating, securing, drafting, or creating the Agreement on behalf of that Party at
any time while the Agreement or any extension thereof is in effect an employee of any other
Party to the Agreement in any capacity to any other Party to the Agreement with respect to the
subject matter of the Agreement.

11.4. Incorporation. All recitals and appendices contained in this Agreement are
hereby incorporated by this reference and made an integral part of it.

11.5. Governing Law. This Agreement shall be governed, construed and controlled
according the laws of the state of Arizona.

11.6. Waiver. It is agreed and understood that any failure to strictly enforce any
provision hereof shall not constitute a waiver of the right to demand performance of that or any
other provision hereof at any time thereafter.

11.7. Severability. The terms and conditions of this Agreement are severable. If for
any reason, any court of law or administrative agency should deem any provision hereof invalid
or inoperative, the remaining provisions of this Agreement shall remain valid and in full force
and effect.

11.8. Legal Fees, Costs and Expenses. In the event either Party brings any action
for any relief, declaratory or otherwise, arising out of this Agreement, the prevailing Party shall

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be entitled to reasonable attorneys’ fees, costs and expenses, as determined by the court, and
which shall be deemed to have accrued on the commencement of such action.

11.9. Notices. All notices or demands required to be given, pursuant to the terms of
this contract, shall be given to the other Party in writing, delivered in person, sent by facsimile
transmission, deposited in the United States mail, postage prepaid, registered or certified mail,
return receipt requested or deposited with any commercial air courier or express service at the
addresses set forth below, or to such other address as the Parties may substitute by written
notice, given in the manner prescribed in this paragraph.

If to the City: If to the School District:

City of Mesa Queen Creek Unified School District #95
Dan Butler, Police Chief Attn: Chief Financial Officer

Mesa Police Department 20217 East Chandler Heights

P.O. Box 1466 Queen Creek, AZ 85142

Mesa, Arizona 85211

A notice shall be deemed received on the date delivered, if delivered by hand, on the day it is
sent by facsimile transmission, on the second day after its deposit with any commercial air
courier or express services or, if mailed, three (3) working days (exclusive of United States Post
Office holidays) after the notice is deposited in the United States mail as above provided, and
on the delivery date indicated on receipt, if delivered by certified or registered mail. Any time
period stated in a notice shall be computed from the time the notice is deemed received. Notices
sent by facsimile transmission shall also be sent by regular mail to the recipient at the above
address. This requirement for duplicate notice is not intended to change the effective date of the
notice sent by facsimile transmission. E-mail is not an acceptable means for meeting the
requirements of this section unless otherwise agreed in writing.

11.10.Entire Agreement. This writing constitutes the entire Agreement between the
Parties.

11.11.Assignment. Services covered by this Agreement shall not be assigned or
sublet in whole or in part without the prior written consent of the Parties.

11.12.Force Majeure. Neither Party shall be responsible for delays or failures in
performance resulting from acts beyond their control. Such acts shall include, but not be limited
to, acts of God, riots, acts of war, epidemics, governmental regulations imposed after the fact,
fire, communication line failures, or power failures.

11.13.Counterparts. This Agreement may be executed in one or more counterparts,

and each originally executed duplicate counterpart of this Agreement shall be deemed to
possess the full force and effect of the original.

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11.14.Captions. The captions used in this Agreement are solely for the convenience
of the Parties, do not constitute a part of this Agreement and are not to be used to construe or
interpret this Agreement.

11.15. Compliance with Immigration Laws. Pursuant to the provisions of A.R.S. § 41-
4401, the Parties warrant that they are in compliance with all Federal Immigration laws and
regulations that relate to their employees and with the E-Verify Program under A.R.S. § 23-
214(A). Each Party has the right to inspect the papers of the other Party or its subcontractors
participating in this Agreement to ensure compliance with this paragraph. A Party's or its
subcontractors’ 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 a non-breaching Party
under the terms of this Agreement.

The provisions of this Article must be included in any contract either Party enters into
with any and all subconsultants or subcontractors who provide services under this Agreement.
As used in this Section 10.15, “services” are defined as furnishing labor, time or effort in the
State of Arizona by a contractor or subcontractor.

11.16.Records and Audit Rights. All accounts, reports, files and other records (hard
copy, as well as computer readable data), and any other supporting evidence deemed
necessary and relating to this Agreement shall be kept for three (3) years after termination of
this Agreement and shall be open to reasonable inspection and audit by the other Party during
that period.

Notwithstanding the foregoing, all records related to this Agreement shall be kept in
accordance with Arizona Public Records Law. Any records related to this Agreement may be
disclosed consistent with Arizona Public Records Law after consultation with the other Party. If
City notified District that information responsive to a request is not subject to disclosure under
law, District agrees that it shall not disclose the information and will allow, if necessary, City to
seek a court order enjoining or otherwise prohibiting disclosure.

11.17.Authority. The Parties hereby warrant and represent that each has full power
and authority to enter into and perform this Agreement, and that the person signing on behalf
of each has been properly authorized and empowered to enter this Agreement. The Parties
further acknowledge having read this Agreement and understanding it and do agree to be bound
by it.

11.18.Non-Discrimination. The Parties agree that, in fulfilling the obligations set forth
in this Agreement, they shall not discriminate against any person on the basis of race, color,
national origin or ancestry, religion, age, disability, and genetic information. The Parties agree
further to comply with Executive Order 2009-09, and all other applicable State and Federal
employment laws, rules and regulations, mandating that all persons shall have equal access to
employment opportunities.

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11.19 Confidentiality of Student Records. The Parties agree that the dissemination
and disposition of educational records complies at all times with the Family Educational Rights
and Privacy Act (“FERPA”). The Parties acknowledge that during the term on this Agreement,
the SRO shall be the designated law enforcement unit and shall also be considered as a “school
official” who may, at times, have a “legitimate educational interest” in the educational records
of a student or students.

[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their
duly authorized representatives.

QUEEN CREEK UNIFIED SCHOOL DISTRICT #95

wy Aer Ye

Board President

Date (o | ul LY

ATTEST:

Superintendent

Ollu(ry

Date

The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11-952 by
the undersigned counsel who has determined that it is in proper form and is within the powers
and authority granted under the laws of the State of Arizona.

School District Attorney

Date 6/2/2026

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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly

authorized representatives.

CITY OF MESA,
An Arizona Municipal Corporation

Scott Butler Date
City Manager
Dan Butler Date

Mesa Chief of Police

ATTEST:

Holly Mosely Date
Mesa City Clerk

The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11-952 by
the undersigned counsel who has determined that it is in proper form and is within the powers and

authority granted under the laws of the State of Arizona.

City of Mesa Attorney

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