2. AGMT IGA: YUHSD No. 70 SRO

City of Yuma — Regular Meeting (2026-07-15)

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 INTERGOVERNMENTAL AGREEMENT BETWEEN 
 YUMA UNION HIGH SCHOOL DISTRICT NO. 70 
 (Yuma High School, Kofa High School, Cibola High School  and 
 Gila Ridge High School) 
 AND 
 CITY OF YUMA 
 THROUGH THE 
 YUMA POLICE DEPARTMENT 
 JULY 1, 2026 - JUNE 30, 2029 
 INTERGOVERNMENTAL AGREEMENT FOR  SCHOOL RESOURCE OFFICERS 
 This  Intergovernmental  Agreement ( "Agreement")  is  entered  by  and  between  the  Yuma  Union  High  School  District  No.  70  ("District"),  which  is  comprised  of  Yuma  High  School,  Kofa  High  School,  Cibola  High  School,  and  Gila  Ridge  High  School  and  the  City  of  Yuma  ("City"),  through  the  Yuma  Police  Department  ("YPD"),  each  of  which  is  a  public  agency  of  the  State  of  Arizona  as  that  term  is  defined  Arizona  Revised  Statutes  (A.R.S.)  §11-951.  The  District  and  the  City  may  be  referred  to  individually as the "Party" or, collectively as the "Parties". 
 RECITALS 
 WHEREAS,  the  District  and  the  City  are  authorized  by  A.R.S.  §  11-952  et.  seq.,  and  the  City  is  also  authorized  and  empowered  pursuant  to  Article  Ill,  Section  13,  of  the  Yuma  City  Charter  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; and, 
 WHEREAS,  the  District  and  the  City  desire  to  work  in  cooperation  with  one  another  to  provide  a  safe  learning environment for the District's students; and, 
 WHEREAS,  through  this  Agreement,  the  District  desires  YPD  to  assign  one  police  officer  to  each  participating school for 10- month positions to the District to perform the services listed in Section 4. 
 NOW  THEREFORE,  in  consideration  of  the  mutual  promises  and  undertakings  contained  herein,  the  Parties hereby agree as follows: 
 1.  DURATION OF AGREEMENT 
 This  Agreement  is  effective  as  of  the  later  date  of  approval  by  the  Yuma  City  Council  and  Yuma  Union  High  School  District  Governing  Board  (“Effective  Date”),  and  shall  terminate  on  June  30,  2029,  provided the District approves funding annually  through in fiscal year  2028-2029 . 
 2.  RECOMMENDED QUALIFICATIONS OF OFFICER(S) 
 The recommended qualifications for the officer(s) selected for this position are as follows: 
	•	Desire to work with students, parents and educators. 
	•	Willingness to teach law-related education. 
	•	Supportive of and committed to prevention strategies. 
	•	Satisfactory employment history with supporting documentation. 
	•	Demonstrated effectiveness in working with youth. 
	•	Oral and written communication skills. 
	•	Ability to effectively interact and communicate with diverse set of individuals. 
	•	Willingness to attend law-related education (LRE) programs to meet the needs of the  students. 
	•	Police officer with the City of Yuma Police Department. 
	•	AZPOST certified general instructor. 
 3.  SELECTION PROCESS 
	•	To  the  extent  possible,  YPD  will  assign  an  officer  to  the  same  school  for  a  minimum  of  two  (2)  years.  The  selection  process  should  identify  officers  who  are  best  suited  to  the  work  as  school  resource  officers  ("SRO").  YPD  shall  select  the  SRO,  and  may,  but  is  not  required  to,  involve the District in the selection. 
	•	Involving the school administration in the selection process after the final candidates have  been selected by the YPD is important because: 
	•	The school administrator can identify the needs of the school. 
	•	The school administrator can identify the type of personality that will work best in a  specific school environment. 
	•	The school administrator can provide insights into what is required to be effective in  the school community. 
	•	Nothing in this Section shall or is intended to limit YPD's sole discretion to select and assigns  the SROs. 
 4.  SERVICES TO BE PERFORMED 
	•	The  District  or  the  school  shall  provide  office  space  that  provides  privacy  for  the  SROs  to  conduct  confidential  business.  The  offices  shall  include  the  necessary  equipment  for  an  SRO  to  effectively  perform  his  or  her  duties,  including  but  not  limited  to,  telephone,  desk,  chair,  filing cabinet, up-to-date computer and printer, as provided in the grant. 
	•	The role of an SRO at Yuma Union High School District No. 70 is as follows: 
	•	The  SRO  is  a  sworn  law-enforcement  officer.  When  necessary,  the  SRO  has  the  authority  to  intervene  as  a  law-enforcement  officer.  No  District/site  administrator  shall  interfere  with  the  SRO's  duties  as  a  law  enforcement  officer.  Once  order  is  restored,  however,  the  SRO's  role  as  law-enforcement  educator  and  role  model  is  the  more  typical day-to-day role. 
	•	The  SRO  will  be  involved  in school  policy   violations  only  if  a  student's  conduct violates the law.  
	•	The SRO   will  serve  on  the  Campus  Safety  Committee  and collaborate   on the   development of the safe school plan. 
	•	The   SRO  will  build  a  relationship  with  students,  parents and  staff   that  promotes  a  positive image of law enforcement. 
	•	The SRO may provide classroom instruction in Law Related Education (LRE). 
	•	The SRO  should  collaborate   with classroom  teachers  to  integrate  law-related   education  into  their curriculum.   The  teacher  must be   present  in  the  classroom  during  LRE instruction. 
	•	The  SRO  will  keep  a   weekly activity   log  that  tracks  the  number  of  reports  taken,  on-campus  classroom instruction  hours,   and  community  projects.  Situations  that  take an SRO off his or her assigned campus must also be logged.  
	•	The  SRO  should always  strive  to  be  a  positive  role  model  because  students   learn from every observation of or interaction with the SRO.  
	•	The  SRO's   duty  is  to  investigate  and  enforce the  laws   of  the  City  of  Yuma and  the  State  of   Arizona. The  SRO   will  not  investigate  or  enforce violations   of  school rules   or  policies, unless a crime is involved 
	•	The  SRO  should  set  an  example  by  modeling  how  to  handle  stress,  resolve  conflicts,  celebrate success, and how to be a friend. 
	•	The  SRO  will  encourage  responsibility  by  helping  students  think  through  options  and  consequences  of  decisions,  set  personal  goals,  and  develop  plans  to  make  desired  changes. 
	•	The  SRO  will  show  respect  by  treating  students  with  respect  and  expressing  high  expectations for them. 
	•	Report  the  total  number  of  incidents  that  occur  on  the  school  grounds,  at  school  bus  stops,  at  stops  for  vehicles  described  in  section  15-925,  on  school  buses,  on  vehicles  described  in  section  15-925  and  at  school-sponsored  events  and  that  required  the  contact  of  a  local,  county,  tribal,  state  or  federal  law  enforcement  officer  pursuant  to  section  13-3411,  subsection  F,  section  13-3620,  section  15-341,  subsection  A,  paragraph  30  or  section  15-515.  The  total  number  of  incidents  reported  shall  include  only those reported to law enforcement officers and supported by probable cause. 
	•	The  SRO  will  not  arrange  for  the  utilization  of  additional  officers  at  a  planned  school  event,  such  as  graduation  ceremonies  or  football  games,  without  the  mutual  agreement  of  the  District  and  YPD.  As  part  of  the  agreement  to  assign  additional  officers,  the  District  and  YPD  may  agree  that  some  or  all  of  the  SRO's  budgeted  overtime hours may be used towards compensation of the additional officers. 
 5.  SCHOOL SUMMER BREAK AND INTERSESSIONS 
 The  SROs  will  be  assigned  to  the  District  for  a  10-month  period,  as  specified  below.  Unless  otherwise  agreed  upon  in  writing  and  signed  by  the  District  and  the  City,  the  SROs  will  return  to  the  YPD  for  assignment  during  the  summer  break  and  intersessions  set  forth  on  the  District's  calendar  for the relevant school year. 
 6.  OFFICER AND ADMINISTRATOR TRAINING 
 Officers  serving  as  an  SRO  for  the  first  time  must  attend  and  successfully  complete  the  basic  School  Resource  Officer  academy.  All  other  SROs  are  encouraged  to  continue  the  development  of  their  skills  by  annually  attending  advanced  academies  such  as  Arizona  School  Resource  Officer  Association  or  National  Association  of  School  Resource  Officers,  provided  the  training  is  within  300  miles  of  Yuma,  AZ.  SRO  attendance  at  training  will  be  mutually  agreed  upon  by  a  District-level  administrator and a Sergeant or higher within the School Services Bureau prior to registration. 
 7.  PERFORMANCE EVALUATION 
	•	The  school  administrator  or  his  or  her  designee  will  provide  the  SRO  and  SRO's  supervisor  with  feedback  regarding  the  SRO's  performance  throughout  the  school  year.  The  SRO's  performance  will  be  evaluated  by  the  assigned  SRO  supervisor  in  accordance  with  City  policy  and procedures, and in conjunction with the school administrator or his or her designee. 
	•	Any  problem  at  the  school  between  the  SRO  and  his  or  her  assigned  school  should  first  be  addressed  between  the  SRO  and  school  administration.  The  school  administration  shall  immediately  notify  the  SRO's  Sergeant  of  all  problems  between  the  school  and  the  SRO  and  how  the  matters  were  resolved.  If  a  resolution  is  not  reached,  the  District  and  YPD  shall  attempt  to  resolve  the  problem  in  good  faith.  The  SRO's  Sergeant  will  maintain  frequent  contact  with  the  principal  and  his  or  her  administration  to  monitor  and  ensure  the  SRO  complies with City policy and procedures. 
 8.  FINANCE AND BUDGET 
 Upon the District's receipt of funding for each fiscal year, the monies will be budgeted and paid as  follows: 
 A.  District Payment to YPD 
 The  District  shall  pay  the  City  up  to  the  amount  budgeted  by  the  City  for  each  SRO  as  set  forth in Attachment A and incorporated by reference. 
 The  City  shall  annually  submit  Attachment  A  to  the  District  on  or  before  June  30 th   each  year  this Agreement in effect. 
 The  amounts  set  forth  in  Attachment  A  shall  reflect  the  amounts  due  to  cover  each  SRO's  salary,  employee  related  expenses  (including  but  not  limited  to  benefits,  retirement,  and  SRO  related training), and up to one hundred (100) hours of overtime pay per school year. 
 The  City  shall  only  invoice  the  District  for  hours  an  SRO  spends  at  his  or  her  assigned  school, on sick leave, or for hours training in pertinent to SRO's duties as an SRO. 
 The  City  may  not  charge  the  District  for  the  SRO's  use  of  vacation  days  or  personal  leave  time. 
 B.  Payment Terms 
 The  City  shall  send  the  District  itemized  invoices  for  each  SRO  within  fifteen  (15)  days  after  the  end  of  each  quarter  (the  end  of  each  quarter  being  March  31,  June  30,  September  30,  and December 31) of each year this Agreement is in effect. 
 The  District  shall  remit  payment,  which  shall  not  exceed  the  aggregate  amount  specified  in  Attachment A. 
 The District shall pay the City within thirty (30) days of receipt of the invoice from the City. 
 If  an  SRO's  salary  increases  during  the  term  of  this  Agreement,  the  City  shall  pay  all  additional costs resulting from such increase. 
 C .  Overtime Allocation and Approval 
 SROs  must  seek  approval  from  the  Principal  or  the  Principal’s  Designee  and  the  appropriate  YPD  supervisor  before  working  on  SRO-related  overtime  (i.e.,  matters  pertaining  to  the  school,  its  students,  or  its  employees).  The  District  shall  pay  one  hundred  percent  (100%)  of  any  SRO  overtime  worked  as  a  result  of  SRO-related  functions,  not  to  exceed  one  hundred  (100)  hours  per  school  year.  The  City  shall  pay  one  hundred  percent  (100%)  of  any  SRO  overtime  that  results  from  City-related  or  YPD-related  activities  (i.e.,  those  matters  that  do  not  involve  the  school,  its  students,  or  its  employees).  The  SRO  and  YPD  shall  make  every  reasonable effort to ensure that SROs do not incur overtime costs in any given week. 
 9.  FUND ACCOUNTING 
 Funds  distributed  to  the  City  shall  be  handled  and  accounted  for  in  accordance  with  the  regular  operating  procedures  established  by  the  City.  Any  interest  earned  on  these  monies  while  in  the  possession of the City shall accrue to the City and may be used by the City for the SRO program. 
 10.  REPORTING AND RECORDS 
 All  books,  accounts,  reports,  files  and  other  records  relating  to  this  Agreement  shall  be  kept  for  five  (5)  years  after  termination  of  this  Agreement,  or  consistent  with  the  Arizona  State  Retention  Schedules,  whichever  is  longer.  The  SROs  shall  establish  and  maintain  procedures  and  controls  that  are  acceptable  to  the  City  to  ensure  no  confidential  information  obtained  or  maintained  by  the  SROs  is  shared  or  released  to  persons  other  than  the  SROs,  YPD  or  others  carrying  out  its  functions,  or  the  City  except  as  is  necessary  in  the  performance  of  the  SROs'  duties  or  as  a  required by Arizona law. 
 Yuma Police Department will keep: 
	•	Weekly Activity Logs for each SRO. 
	•	Performance Assessment for each SRO. 
 11.  MODIFICATION AND TERMINATION 
	•	Termination:  This  Agreement  may  be  terminated  by  either  Party  if  in  its  judgment  such  action  is  necessary  due  to  (a)  funding  availability  or  (b)  either  Party's  non-compliance  with  this  Agreement. 
 Any  termination  must  be  in  writing,  stating  the  reason  therefore,  and  sent  by  certified  mail.  Termination  is  effective  thirty  (30)  days  following  notice  to  the  other  Party.  Upon  termination  of  this Agreement, the Parties shall return any property to its original owner. 
	•	Modification:  Any  modification  to  this  Agreement  shall  not  take  effect  unless  in  writing  and  signed by both Parties. 
 12.  EMPLOYMENT STATUS OF SROs 
 Except  as  otherwise  provided  by  law,  in  the  performance  of  this  Agreement,  both  Parties  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  subcontractors  of  one  Party  shall  not be deemed or construed to be the employees or agents of the other Party. 
 The YPD will have the sole authority over: 
	•	The assignment of the police officer(s); 
	•	The determination of the SROs' hours; 
	•	Discipline of the SROs; and 
	•	The implementation of policies and procedures in the handling of law enforcement matters. 
 Notwithstanding  the  above,  in  the  acknowledgment  of  the  SRO’s  need  to  interact  with  students  and  to  meaningfully  participate  in  the  educational  and  supervisory  roles  of  an  SRO,  the  District  shall  designate  each  SRO  as  a  “school  official  in  a  legitimate  need”  pursuant  to  the  terms  of  the  Family  Educational  Rights  and  Privacy  Act  (FERPA),  at  20  U.S.C.  §  1232(g)  and  34  CFR  Part  99.  This  designation  shall  allow  the  SRO  to  inspect  any  student  records  required  by  the  SRO  to  carry  out  their  duties.  The  SRO  shall  not  secondarily  disclose  student  records  to  the  Yuma  Police  Department,  unless  such  disclosure  has  the  consent  of  the  student’s  parent/guardian,  it  is  necessary  for  a  health  and  safety  emergency,  or  is  being  disclosed  by  the  law  enforcement  unit  for  a law enforcement purpose. 
 13.  OFFICER CONDUCT AND REASSIGNMENT. 
 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  YPD.  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  YPD  will  immediately  remove  the  officer  from  the  District  and  reassign  the  officer  in  accordance  with  YPD  policies  and  procedures  to  allow  the  YPD  and/or  the  District  to  investigate  the  allegations.  The  YPD  will  attempt  to  assign  a  replacement  officer  to  provide  services  to  the  District  under  this  Agreement.  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. 
 14.  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,  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. 
 15.  ENTIRE AGREEMENT 
 This  Agreement  contains  the  entire  understanding  of  the  Parties.  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. 
 16.  INVALIDITY OF PART OF THE AGREEMENT 
 The  Parties  agree  that  should  any  part  of  this  Agreement  be  held  to  be  invalid  or  void  by  a  court  of  competent  jurisdiction,  the  remainder  of  the  Agreement  shall  remain  in  full  force  and  effect  and  shall be binding upon the Parties. 
 17.  GOVERNING LAW; VENUE 
 This  Agreement  shall  be  construed  under  the  laws  of  the  State  of  Arizona.  The  Parties  shall  initiate  and  maintain  any  action  at  law  or  in  equity  or  other  judicial  proceedings  arising  from  this  Agreement  in  the  Superior  Court  of  Yuma  County,  Arizona.  The  Parties  hereby  waive  all  provision  of law for a change of venue in such proceeding in any other county. 
 18.  COMPLIANCE WITH NON-DISCRIMINATION LAWS 
 The  YPD  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.  2009-09,  as  amended  by  State  Executive  Order  2023-01,  and  expanded  by  Executive  Order  2023-9,  which  mandates  that  all  persons,  regardless  of  race,  color,  religion,  sex,  age,  national  origin  or  political  affiliation,  shall  have  equal  access  to  employment  opportunities.  The  YPD  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. 
 19.  DISPUTE RESOLUTION NOTICE 
 In  the  event  a  dispute  for  any  reason  arises,  the  Parties  shall  make  a  good  faith  effort  to  resolve  the  dispute  pursuant  to  A.R.S.  §  15-154(K),  including  meeting  to  discuss  the  matter  within  three  (3)  business  days.  To  the  extent  required  by  A.R.S.  §  12-1518,  the  Parties  agree  to  use  arbitration  to  resolve  any  dispute  arising  out  of  this  Agreement  that  cannot  be  resolved  by  mutual  agreement.  Any  dispute  not  resolved  by  mutual  agreement  or  arbitration  shall  be  decided  in  accordance  with  applicable Arizona laws. 
 20.  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 herein and made a part hereof. 
 21.  STUDENT CONFIDENTIALITY 
 Both  Parties  will  ensure  that  the  dissemination  and  disposition  of  educational  records  complies  at  all  times  with  the  Family  Educational  Rights  and  Privacy  Act  (FERPA)  and  any  subsequent  amendments thereto. 
 22.  COMPLIANCE WITH FEDERAL IMMIGRATION LAWS AND REGULATIONS 
 The  Parties  hereby  warrant,  and  represent  to  each  other,  that  they  are  in  compliance  with  A.R.S.  §§  41-4401  and  23-214,  the  Federal  Immigration  and  Nationality  Act  (FINA),  and  all  other  federal  immigration laws and regulations. 
 23.  COMPLIANCE WITH FINGERPRINTING REQUIREMENTS 
 The  Parties  shall  comply  with  the  fingerprinting  requirements  of  A.R.S.  §  15-512  unless  otherwise  exempted. 
 24.  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  the  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. 
 Pursuant to A.R.S.§ 23-1011, each Party shall post a notice in substantially the following form: 
 "All  employees  are  hereby  further  notified  that  they  may  be  required  to  work  under  jurisdiction  or  control  of  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  workers'  compensation." 
 25.  NOTICE AND REQUESTS 
 Any  notice  or  other  communication  required  or  permitted  to  be  given  under  this  Agreement  shall  be  in writing and shall be deemed to have been duly given and received if: 
	•	Personally  delivered  to  the  undersigned  representatives  listed  below  at  the  addresses  set  forth below; 
	•	Within  ten  (10)  days  after  being  deposited  in  the  U.S.  Mail,  postage  prepaid,  certified,  return  receipt requested, to the addresses set forth below; or 
	•	Within  seven  (7)  days  after  being  prepaid  and  given  to  a  recognized  and  reputable  overnight  delivery service, such as UPS or FedEx, to be delivered to the addresses set forth below. 
 If  a  copy  of  a  notice  is  also  given  to  a  Party's  counsel  or  other  authorized  recipient,  the  notice  is  deemed  to  have  been  received  as  set  forth  above,  not  the  date  its  counsel  or  other  authorized 

 recipient received the notice. 
 City of Yuma 
 Attn: City Administrator 
 One City Plaza 
 Yuma, AZ 85364  And a copy to: 
 Yuma Police Department 
 Attn: Chief of Police 
 1500 South 1st Avenue  Yuma, AZ 85364 
 (signatures on the following page) 
 YUMA UNION HIGH SCHOOL DISTRICT No. 70 
 Attn: Superintendent 
 3150 S Avenue A, Bldg. A 
 Yuma, AZ 85364