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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE
JUNCTION AND EXCALIBUR CHARTER SCHOOL - AVALON K-8
THIS AGREEMENT is made as of the _—s— day of — ss 2026s (the
“Effective Date”) by and between the CITY OF APACHE JUNCTION, an Arizona
municipal corporation (“City”), and EXCALIBUR CHARTER SCHOOL — AVALON
K-8, an Arizona domestic non-profit corporation (“School”), both of which may
be hereinafter referred to collectively as the “Parties” or individually as a
“Party”, for the project entitled “School Resource Officer Services”.
RECITALS
A. School desires City to assign a police officer its School as a School
Resource Officer (“SRO”) for services noted in § 5 of this Agreement, and City is
willing to assign an SRO to School for such purposes under the terms and
conditions of this Agreement.
B. The Parties are authorized by A.R.S. §§ 15-342(13) and 11-952 to enter
into this agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the
mutual promises and covenants set forth herein, and for other consideration,
the receipt and adequacy of which is hereby acknowledged, the Parties agree
as follows:
1. ELIGIBLE SCHOOL LOCATIONS. The following school is within the
City of Apache Junction:
Avalon K-8, 1045 S. San Marcos Dr, Apache Junction, AZ 85120.
2. TERM AND TERMINATION. The term of this Agreement starts on
July 1, 2026 and ends on June 30, 2027 unless renewed by both Parties and
funding is available. This Agreement shall commence on the Effective Date
however, either Party may terminate this Agreement for any reason upon thirty
(30) calendar days’ written notice to the other Party by first class certified U.S.
mail, postage prepaid, addressed to the other Party as set forth in § 11 of this
Agreement.
3. RELATIONSHIP OF PARTIES. City shall have the status of an
independent contractor for purposes of this Agreement and 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 assigned SRO shall be an employee of City and shall be subject to its control
and supervision. The assigned SRO will be subject to current procedures in
effect for City police officers, including attendance at all mandated training and
testing to maintain state peace officer certification. The assigned SRO shall
fulfill duties as a law enforcement officer as certified by the Arizona Police
Officers Standards and Training board ("AZ POST"). School shall not interfere
with the assigned SRO duties as a sworn law enforcement officer.
City understands that School is responsible for the safety of students on campus
during curriculum hours. if School receives information that the assigned SRO
may have engaged in unprofessional, illegal, or immoral conduct, School will
immediately provide such information to City. If City receives information from
any credible source indicating that the assigned SRO may have engaged in
unprofessional, illegal, or immoral conduct that would affect the officer's ability
to safely and/or professionally perform duties for School, City will immediately
provide such information, as allowed by law, to School.
If any alleged unprofessional, illegal, or immoral conduct might affect the SRO’s
ability to safely and/or professionally perform duties for School, the School will
be able to remove the SRO from the campus and City will immediately remove
the SRO from School assignment to allow City and/or School to investigate the
allegations. City agrees to temporarily assign a replacement to School in this
situation and if a replacement officer cannot be provided, School will be
credited for each day an officer is not assigned to the campus. School, at its sole
discretion, may refuse the assignment of any officer who has previously been
removed from School because of allegations of unprofessional, illegal, or
immoral conduct.
School shall reimburse City for the costs of SRO’s compensation for: 1) days
School is in session and the SRO is present at School; 2) During the summer
when School is not in session but SRO is present due to summer planning days,
preparing lesson plans, safety program 3) when the SRO is not at School due to
an off-campus activity at Schools’ request; 4) when SRO is involved in activity
stemming from action taken by the officer while in service of School, including
attendance at court; and 5) when the SRO is working an alternative work
schedule as agreed upon by City and School. City is responsible for the costs of
SRO's compensation for all other hours of work performed by SRO.
4. COMPENSATION:
A. Cost of Wages for Anticipated Scheduled Hours. School
agrees to pay City up to One Hundred Sixty One Thousand Six Hundred
Sixty Nine Dollars and Thirty One Cents. ($161,669.31) for SRO services
rendered during the Fiscal Year 2026-2027 in consideration for the SRO
services provided by City as set forth in § 5 below.
B. Overtime. The SRO must seek approval from the School’s
principal, or the principal's designee, and the appropriate City police
department supervisor before working on SRO-related overtime (/.e.,
those matters pertaining to School, its students, or its employees). School
shali pay one hundred percent (100%) of any SRO overtime worked as the
result of SRO-related functions. City shall pay one hundred percent (100%)
of any SRO overtime that results from City-related activities (i.e., those
matters that do not involve School, its students, or its employees).
Cc. Payment and Late Fees. Payment to City from School is due
within thirty (30) calendar days of School’s receipt of a monthly itemized
invoice. School agrees to pay interest (“late fees”) in the amount of ten
percent (10%) per annum on any balance that remains unpaid more than
fifteen (15) calendar days after the due date. City may, at its discretion,
waive late fees on a case-by-case basis.
D. Budget. Each Party will establish and maintain a budget
according to its established rules and regulations.
5. SRO'S RESPONSIBILITIES AND GOALS.
A. The SRO shall have the following responsibilities:
i. Establish and maintain a professional working relationship
with School administrators.
ii. Provide appropriate police and enforcement services at
School.
iii. Participate with School security team to conduct safety
assessments and recommend improvements and enhance
student safety.
iv. Prepare and deliver law-related education lessons upon
School request and approval.
v. Develop collaborations with community resources, identifying
services offered that could benefit students.
vi. Plan in-service training for School staff on topics including,
but not limited to; student safety, substance abuse, gang
related information, law related education, etc..
vii. Collaborate with School administration to analyze criminal
incident reports and disciplinary records as a means of
identifying patterns and developing strategies to address
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goals:
viii.
xi.
xii.
iv.
problems.
Work with community-based and youth recreational and
leadership development activities that complement and
reinforce School safety priorities.
ix. Attend training opportunities.
. Complete required training and reports as dictated by the
School’s Safety Grant.
Contact the parent or guardian of students who have not
provided School with proof of identification in accordance
with A.R.S. § 15-828.
Prepare and maintain such records of SRO and activities as
are required by the operational needs of the Apache Junction
Police Department.
An SRO shall use good faith efforts to achieve the following
. Work cooperatively with School administrators to establish an
effective administrative review of truancy and repetitive
incidents with the objective of reducing truancy.
Refer juveniles or their parents/guardians to appropriate
social service agencies for assistance when a need is
determined.
Instruct administrators and faculty members in: (a) the
identification of abused or neglected children; (b) the
reporting of abuse or neglect; and (c) the actions that can be
taken to prevent further abuse or neglect.
Take appropriate steps, including enforcement and reporting
action, consistent with a police officer's duty, upon the
discovery of child abuse, drug use, or any other crime.
. Work cooperatively with School administration and staff to
provide a safe learning environment for all staff and students.
SCHOOL SAFETY PROGRAM; DUTIES AND RESPONSIBILITIES.
A.
The parties agree to participate in the School Safety
Program as established by A.R.S. § 15-154 and as described
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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, with the exception of any law-related education
courses.
7. TIME AND PLACE OF PERFORMANCE.
A.
City shall assign one police officer to School beginning on
July 1, 2026. City will ensure that the assigned SRO will provide the
services under this Agreement in a full-time, forty (40) hour a week
capacity when school is in session and as the administration requests
during out-of-session breaks. The assigned officer will wear uniforms
as authorized by City.
The SRO's activities will be restricted to the assigned school
grounds except for:
iv.
vi.
vii.
viii.
Follow-up home visits when needed as a result of School-
related matters.
. Incentive programs approved in writing (for example, by e-
mail) between the police department supervisor and the
School principal, or the principal's designee.
In response to off campus, but School-related, criminal
activity.
Attendance at off-campus events or meetings at School's
request.
. Attendance at training.
In response to emergency police activities.
As directed by any police department supervisor.
During days that Schools is not in session or on days that SRO
is not assigned to out-of-session breaks, the assigned SRO
shall perform his or her regular duties as determined by City.
SCHOOL RESPONSIBILITIES.
A. School will provide the SRO with an office at School sites and
such equipment and office supplies as is necessary for performance of
the duties noted in this Agreement, including a desk, chair, telephone,
computer and e-mail linkages, and filing space capable of being secured.
B. 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.
9. 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.
10. 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.
11. ENTIRE AGREEMENT. This Agreement and any attachments represent
the entire agreement between the Parties and supersede all prior negotiations,
representations or agreements, either express or implied, written or oral. It is
mutually understood and agreed that no alteration or variation of the terms and
conditions of this Agreement shail be valid unless made in writing and signed by
the Parties hereto. Written and signed amendments shall automatically become
part of the supporting documents, and shall supersede any inconsistent
provision therein; provided, however, that any apparent inconsistency shall be
resolved, if possible, by construing the provisions as mutually complementary
and supplementary. All amendments to this Agreement must be in writing and
approved by the City Council and School Governing Board.
12. NONDISCRIMINATION. Both Parties shall comply with all applicable state
and federal employment laws, rules, regulations and executive orders that all
persons shall have equal access to employment and educational opportunities
regardless of race, color, religion, sex, age, national origin, disability, veteran’s
status, political affiliation, and/or genetic code and shall comply with Executive
Order 2009-09.
13. NOTICES: All notices to the a Party required under this Agreement shall
be in writing and sent by first class certified mail, postage prepaid, return
receipt requested, addressed to the following:
If to City: Apache Junction Police Department
Attn: Chief of Police
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300 East Superstition Boulevard
Apache Junction, AZ 85119
If to School: Excalibur Charter Schools
Avalon K-8
1045 S. San Marcos Dr
Apache Junction, AZ 85120
14. INSURANCE: School, at its own expense, shall purchase and maintain
the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shail be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
School’s insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
The insurance policies, except Workers’ Compensation, shall contain a waiver
of transfer rights of recovery (subrogation) against City, its agents, officers,
officials and employees for any claims arising out of School’s acts, errors,
mistakes, omissions, work or service.
Insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shalt not be
applicable with respect to the coverage provided to City under such policies.
School shall be solely responsible for the deductible and/or self-retention and
City, at its option, may require School to secure payment of such deductibles or
self-insured retentions by a surety bond or an irrevocable and unconditional
letter of credit.
City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
School of any deficiencies in such policies and endorsements, and such receipt
shall not relieve School from, or be deemed a waiver of, City’s right to insist on
strict fulfillment of School’s obligations under this Agreement.
The insurance policies, except Workers’ Compensation and Professional
Liability, required by this Agreement, shall name City, its agents, officers,
officials and employees as Additional Insureds.
REQUIRED COVERAGE
Commercial General Liability
School shall maintain Commercial General Liability insurance with a limit of not
less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a $2,000,000 General
Aggregate limit. The policy shall include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this Agreement, which coverage will be
at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG
00011093, or the equivalent thereof.
Such policy shall contain a severability of interest provision, and shall not
contain a sunset provision or commutation clause, nor any provision which
would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.’s Additional Insured, Form
B, CG 20101185, or the equivalent thereof, and shall include coverage for
School’s operations and products and completed operations.
Workers’ Compensation
School shall carry Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of School’s employees
engaged in the performance of the work or services and Empltoyer’s Liability
insurance of not less than $100,000 for each accident, $100,000 disease for
each employee, and $500,000 disease policy limit.
By execution of this Agreement, School certifies as follows:
“tam aware and understand the provisions of A.R.S. § 23-901 et seq.
which requires every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in
accordance with the provisions of this chapter, and | will comply with
such provisions before commencing the performance of the work of
this Agreement.”
lf School has no employees for whom workers’ compensation insurance is
required, School shall submit a declaration or affidavit to City so stating and
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covenanting to obtain such insurance if and when School employs any
employees subject to coverage.
In case any work described herein is subcontracted, School will require
subcontractors to provide Workers’ Compensation and Employer’s Liability
insurance to at least the same extent as required of School.
Certificates of Insurance
Prior to commencing work or services under this Agreement, School shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by School’s insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect. The form of the certificates of insurance
and endorsements shali be subject to the approval of the Apache Junction City
Attorney’s Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ 85119.
In the event any insurance policies required by this Agreement are written on a
“claims made” basis, coverage shall extend for two (2) years past completion
and acceptance of School’s work or services and as evidenced by annual
Certificates of Insurance.
If a policy does expire during the life of the Agreement, a renewal certificate
must be sent to City thirty (30) calendar days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title.
Policies or certificates and completed forms of City’s Additional Insured
Endorsement (or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
“Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy.”
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days’ prior written notice to City.
15. INDEMNIFICATION. Each party (as “Indemnitor”) agrees to the extent
permissible under Arizona law to indemnify, defend, and hold harmless the other
party (as “Indemnitee”) from and against any and all claims, losses, liability,
9
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.
16. APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either party for
the purpose of enforcing a right or rights provided for in this Agreement, shalt
be tried in a court of competent jurisdiction in Pinal County, State of Arizona.
The Parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county. In the event either Party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing party in such action shall recover all costs including:
all litigation and appeal expenses, collection expenses, reasonable attorney
fees, necessary witness fees and court costs to be determined by the court in
such action.
17. FORCE MAJEURE: Neither City nor School, as the case may be, shal! be
considered not to have performed its obligations under this Agreement in the
event of enforced delay (an “Enforced Delay”) due to causes beyond its control
and without its fault or negligence or failure to comply with applicable laws,
including, but not restricted to, acts of God, fires, floods, epidemics, pandemics,
quarantine, restrictions, embargoes, labor disputes, and unusually severe
weather or the delays of subcontractors or materialmen due to such causes,
acts of a public enemy, war, terrorism or act of terror (including but not limited
to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection,
riot, labor strike or interruption, extortion, sabotage, or similar occurrence or
any exercise of the power of eminent domain of any governmental body on
behalf of any public entity, or a declaration of moratorium or similar hiatus
(whether permanent or temporary) by any public entity directly affecting the
obligations under this Agreement. In no event will Enforced Delay include any
delay resulting from unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Schools, subcontractors, vendors or
investors desired by School in connection with the obligations under this
Agreement. School agrees that Schoo! alone will bear all risks of delay which
are not Enforced Delay. In the event of the occurrence of any such Enforced
Delay, the time or times for performance of the obligations of the Party claiming
delay shall be extended for a period of the Enforced Delay; provided, however,
that the Party seeking the benefit of the provisions of this Section shall, within
thirty (30) calendar days after such Party knows or should know of any such
Enforced Delay, first notify the other Party of the specific delay in writing and
claim the right to an extension for the period of the Enforced Delay; and
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provided further that in no event shall a period of Enforced Delay exceed ninety
(90) calendar days.
18. RECORDS: Records of School’s labor, payroll, and other costs pertaining
to this Agreement shall be kept on a generally recognized accounting basis and
made avaitable to City for inspection on request. School shall maintain records
for a period of at least two (2) years after termination of this Agreement, and
shall make such records available during that retention period for examination
or audit by City personnel during regular business hours.
19. INDEPENDENT CONTRACTOR: City and School agree and understand
that the relationship between both Parties is that of an independent contractor.
20. WAIVER OF TERMS AND CONDITIONS: The failure of City or School to
insist in any one or more instances on performance of any of the terms or
conditions of this Agreement or to exercise any right or privilege contained
herein shall not be considered as thereafter waiving such terms, conditions,
rights or privileges, and they shall remain in full force and effect.
21. COMPLIANCE WITH FEDERAL AND STATE LAWS: School understands
and acknowledges the applicability of the American with Disabilities Act, the
Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of
1989 to the services performed under this Agreement.
As required by A.R.S. § 41-4401, School hereby warrants its compliance with all
federal immigration laws and regulations that relate to its employees and A.R.S.
§ 23-214(A). School further warrants that after hiring an employee, School will
verify the employment eligibility of the employee through the E-Verify program. If
School uses any subcontractors in performance of services, subcontractors
shall warrant their compliance with all federal immigration laws and regulations
that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall
further warrant that after hiring an employee, such subcontractor verifies the
employment eligibility of the employee through the E-Verify program. A breach
of this warranty shall be deemed a material breach of the Agreement that is
subject to penalties up to and including termination of this Agreement. School is
subject to a penalty of $100 per day for the first violation, $500 per day for the
second violation, and $1,000 per day for the third violation. City at its option
may terminate this Agreement after the third violation. School shall not be
deemed in material breach of this Agreement if the School and/or
subcontractors establish compliance with the employment verification
provisions of Sections 274A and 274B of the federal Immigration and Nationality
Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains
the legal right to inspect the papers of any School or subcontractor employee
who works under this Agreement to ensure that the School or subcontractor is
complying with the warranty. Any inspection will be conducted after reasonable
11
notice and at reasonable times. If state law is amended, the Parties may modify
this paragraph consistent with state law.
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.
22. SEVERABILITY: City and School each believe that the execution, delivery
and performance of this Agreement are in compliance with all applicable laws.
However, in the unlikely event that any provision of this Agreement is declared
void or unenforceable (or is construed as requiring City to do any act in violation
of any applicable laws, including any constitutional provision, law, regulation, or
city code), such provision shall be deemed severed from this Agreement and
this Agreement shall otherwise remain in full force and effect; provided that this
Agreement shail retroactively be deemed reformed to the extent reasonably
possible in such a manner so that the reformed agreement (and any related
agreements effective as of the same date) provide essentially the same rights
and benefits (economic and otherwise) to the Parties as if such severance and
reformation were not required. Unless prohibited by applicable laws, the
Parties further shall perform all acts and execute, acknowledge and/or deliver
all amendments, instruments and consents necessary to accomplish and to give
effect to the purposes of this Agreement, as reformed.
23. SUCCESSORS, ASSIGNMENT & DELEGATION: City and School each
bind themselves, their partners, successors, assigns and legal representatives
to the other Party hereto and to the partners, successors, assigns and legal
representatives of such other Party in respect to all covenants, agreements and
obligations contained in this Agreement. Neither Party to the Agreement shall
assign the Agreement or sublet it as a whole or delegate the duties hereunder,
without the written consent of the other, nor shall School assign any monies due
or to become due to it without the previous written consent of City.
24. PROHIBITION TO CONTRACT WITH CONSULTANTS WHO ENGAGE IN
BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-
393 through 35-393.03, as amended, which forbids public entities from
contracting with Schools who engage in boycotts of the State of Israel. Should
School under this Agreement engage in any such boycott against the State of
Israel, this Agreement shall be deemed automatically terminated by operation of
law. Any such boycott is a material breach of contract.
25. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with
Arizona Revised Statutes § 35-394, School hereby certifies and agrees that
School does not currently and shall not for the duration of this Agreement use:
1) the forced labor of ethnic Uyghurs in the People’s Republic of China, 2) any
services or goods produced by the forced labor of ethnic Uyghurs in the
People’s Republic of China, and/or 3) any suppliers, contractors or
12
subcontractors that use the forced labor or any services or goods produced by
the forced labor of ethnic Uyghurs in the People’s Republic of China. If School
becomes aware during the term of this Agreement that School is not in
compliance with this Section, then School shall notify the City within five (5)
business days after becoming aware of such noncompliance. tf School does not
provide the City with written certification that School has remedied such
noncompliance within one hundred eighty (180) days after notifying the City of
such noncompliance, this Agreement shall terminate, except that if the
Agreement termination date occurs before the end of such one hundred eighty
(180) day remedy period, this Agreement shall terminate on such contract
termination date.
26. CONFLICTS OF INTEREST: This Agreement is subject to, and may be
terminated by City in accordance with, the provisions of A.R.S. § 38-511.
13
IN WITNESS WHEREOF, School and City have executed this Agreement as
of the date first set forth above.
ATTEST:
Evie McKinney
City Clerk
APPROVED AS TO FORM:
ABE 3-526
R. Joel Stern
City Attorney
SCHOOL:
EXCALIBUR CHARTER SSCHOOL -
AVALON K-8, INC., an Arizona domestic
non-profit corporation
By:_ Age #Ee tc rond
Its: PRINCIPAL
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Walter “Chip” Wilson
Its: Mayor
14
STATE OF _AiriZona_ )
) ss.
COUNTY OF Qinal __)
qh
The foregoing was subscribed and sworn to before me this 4 day of
Avgust , 2080, by Mithast McCord as _ Princ: Pat of Excalibur
Charter School - Avalon K-8, an Arizona domestic non-profit corporation.
ic
My Commission Expires:
h
My ( doa4
S
STATE OF ARIZONA )
)ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day of
, 20__, by Walter “Chip” Wilson, as Mayor of the City of
Apache Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
EXHIBIT A
Arizona Department of Education School Safety Program Guidance Manual
(Attached)
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School Resource Officer Manual
This manual is specific for sites that were awarded a School Resource Officer (SRO). This
will detail roles, responsibilities, and requirements for the officer while funded by the School Safety
Program.
A School Resource Officer for the purpose of this manual is a full authority peace officer
whose full time assignment with their law enforcement agency is as a School Resource Officer on a
school campus.
e This Section IS:
© For officers whose full time assignment with their law enforcement agency is as a
School Resource Officer on a school campus.
©. For retired, post certified, who can only be assigned as a School Resource Officer
such as the Arizona Retired Police Officer — School Resource Officer position at
Phoenix Police Department.
@ This Section IS NOT:
© This section IS NOT for full authority reserve officers working full-time as a School
Safety Officer (SSO).
© This section IS NOT for a former officer that is not affiliated with a law enforcement
agency and who retired in good standing. For the officers who retired in good
standing manual, click here.
© This section IS NOT for JPOs. For the JPO manual, click here.
© This section IS NOT for SSOs. For the SSO manual, click here.
School Resource Officer Manual
Section 1: Program Requirements
Ci A nt
lntergovernmental Agreement (IGA)
The Hiring Process
When School is not in Session:
Agency Supervisor Requirements
Officer Activity Log
Office Space And Office Supplies
Officer Performance Assessment
Section 2: SRO Requirements
Role #1; Law Enforcement Professional
Section 4: Tiered Supports and Instruction
Section 1: Program Requirements
The following are the requirements of the School Safety Program. Noncompliance with program
requirements may result in a desk review, site visit, corrective action plan, and even loss of current
and/or future grant funding.
Cooperative Agreement:
The Cooperative Agreement is a document submitted to Grants Management Enterprise
(GME) to ensure that the local education agency (LEA) applying for the School Safety Program Grant
has contacted and informed their local law enforcement agency of their intent and desire for an officer.
This agreement does not require the law enforcement agency to provide an officer to the school if they
are awarded funding and is not a legally binding agreement. This document is simply a statement of
intent that allows the law enforcement agency to be aware an officer may be requested as a School
Resource Officer.
Intergovern it (IGA
For each site receiving funding under the School Safety Program, an Intergovernmental Agreement
{IGA) must be developed between the awarded district/charter and the law enforcement agency. The
document shall be completed annually, within 30 days of the first session of the new school year. The
agreement shall be kept on file at each funded site and with ADE through their monitoring platforms.
This document must be available for the Site Administrator and the School Resource Officer to
review.
ARS 15-154 requires that the IGA include a dispute resolution process between the district/charter and
the law enforcement agency.
The Intergovernmental Agreement is a general term for a contract that is developed jointly and agreed
upon by the district/charter, site administrator, and law enforcement or probation department. This
written agreement outlines the purpose of the partnerstnp and the fundamental responsibilities of each
entity. The terms set forth in the IGA shall be in accordance with the established guidelines of the
School Safety Program.
Required Language:
A.R.S, 11-952, Subsections B through J indicate the minimum requirements that must be
present in an IGA in the state of Arizona. That text is listed below:
“B. Any such contract or agreement shall specify the following:
1. Tts duration.
2. Its purpose or purposes.
3. The manner of financing the joint or cooperative undertaking and of establishing and
maintaining a budget for the undertaking
4. The permissible method or methods to be employed in accomplishing the partial or
complete termination of the agreement and for disposing of property on such partial
or complete termination.
5. Ifa separate legal entity is formed pursuant to subsection A, the precise organization,
composition, title and nature of the entity.
6. Any other necessary and proper matters.
C. No agreement made pursuant to this article shall relieve any public agency of any
obligation or responsibility imposed on it by law.
D. Except as provided in subsection E, every agreement or contract involving any public
agency or public procurement unit of this state made pursuant to this article, before its
execution, shall be submitted to the attorney for each such public agency or public
procurement unit, who shall determine whether the agreement is in proper form and is within
the powers and authority granted under the laws of this state to such public agency or public
procurement unit.
E. A federal department or agency or public agency of another state that is a party to an
agreement or contract made pursuant to this article is not required to submit the agreement or
contract to the attorney for the department or agency unless required under federal taw or the
law of the other state.
F. Appropriate action by ordinance or resolution or otherwise pursuant to the laws applicable
to the governing bodies of the participating agencies approving or extending the duration of
the agreement or contract shall be necessary before any such agreement, contract or extension
may be filed or become effective.
G. An agreement or contract may be extended as many times as is desirable, but each
extension may not exceed the duration of the previous agreement.
H. Payment for services under this section shall not be made unless pursuant to a fully
approved written contract.
I, A person who authorizes payment of any monies in violation of this section is liable for the
monies paid plus twenty percent of such amount and legal interest from the date of payment.
J. Notwithstanding any other provision of law, public agencies may enter into a contract or
agreement pursuant to this section with the superior court, justice courts and municipal courts
for related services and facilities of such courts for a term not to exceed ten years, with the
approval of such contract or agreement by the presiding judge of the superior court in the
county in which the court or courts that provide the facilities or services are located.”
In addition to the requirements in A.R.S. 11-952, an IGA for SSP School Resource
Officers shall also contain the statements below:
1. The SRO/JPO shall fulfill their duties as a sworn law enforcement officer for the State
of Arizona.
2. No district/charter/or site administrator shall interfere with the duties of the SRO/JPO
as a sworn law enforcement officer.
3. The district or charter and partnering law enforcement agency shall define a dispute
resolution process.
4. All entities shall accept the School Safety Program requirements contained in the SSP
Manual.
5. The roles and responsibilities of all entities shall be accepted as established by the
School Safety Program requirements contained in the School Safety Program Manual.
6. The district shall pay within 30 days of receipt of the invoice from the law
enforcement or juvenile probation department.
7. The district shall pay late fees as established between the district and law
enforcement/probation department and denoted in the IGA. Late fees shall not be paid
from School Safety Grant funds.
8. The District will provide the police officer with an office at the officer's assigned
school and resources to fulfill their duties
The ing Process
School Resource Officers are often assigned to awarded sites based on the availability of officers
within the partnering law enforcement agency. When there is a shortage of officers available, the Site
Administrator may not get any say in who the officer assigned to their school is. However, if there is a
surplus of available officers to assist schools, the following steps may help to determine the best fit for
the awarded site.
The selection process should identify officers who are best suited to the work as a school resource
officer or juvenile probation officer. That officer should be committed to the goals of the School
Safety Grant.
Because the School Safety Program is a partnership between the school and law
enforcement/probation department, involving the school administration in the selection process is
necessary. After the final candidates have been selected by the department/agency, a school
administrator becomes a part of the selection. It is important that the school becomes involved
because:
@ The school administrator brings to the selection process the needs of the school.
¢@ The school administrator brings to the selection process the type of personality that will work
best in a specific school environment.
® The school administrator brings to the selection process insights into what 1s required to be
effective in the school community.
e@ The correct applicant is more likely to be selected with the school’s invelvement
e There is more of a buy-in from the school to successfully integrate the officer into the school
community when they have been part of the selection process.
@ The school administration brings to the selection process a critical understanding of the
School Safety Program.
In situations when only one officer is available for the position, the school still should have the
Opportunity to review the candidate before the decision is made.
Candidates should meet the minimum qualifications recommended in this guidance to ensure an
effective collaboration between the school, officer, and agency. Exceptions may occur. Under
mitigating circumstances and with the ADE’s grant manager’s approval, the position may be filled
through an alternative option.
When School is not in Session:
The School Safety Grant is awarded for a typical 10-month school year. The site administrator, officer,
and police department have the option of extending services for 12 months to include when school is
not in session. This may include intersession and summer break. Applications should reflect a 10
month salary unless the 11 or 12 month salary is specifically referenced and supported on the
application. To maintain the integrity of the program, teachers and students are present on campus
during intersession or summer break.
Terms of an 11 or 12 month position shall be established on the application as well as the IGA.