Dysart Schools SRO IGA

City of El Mirage — Regular Meeting (2021-07-08)

Extracted text (via ocr_local) 13986 characters

INTERGOVERNMENTAL AGREEMENT
BETWEEN THE DYSART UNIFIED SCHOOL DISTRICT NO. 89
OF MARICOPA COUNTY AND
THE CITY OF EL MIRAGE, ARIZONA

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

Background

A. The parties are authorized to enter into this Agreement under Arizona Revised Statutes § 11-952. The District
is authorized to enter into this Agreement under A.R.S. § 15-342. The City of El Mirage is authorized to enter
into this Agreement under A.R.S. § 41-2632, as well as other statutes and regulations and the ordinances of
the City of El Mirage.

B. The purpose of this Agreement is to endorse, support, and extend the existing alliance between the students,
faculty, staff, and administrators of the Dysart Unified School District ("District"), individual schools and
classrooms and the families they represent, with the City of El Mirage Police Department.

The District and the City of El Mirage desire to meet the goals and objectives of providing a safe high school
campus which includes:

Goal 1: The school safety goals and expectations contribute to an orderly, purposeful atmosphere, which promotes
the feeling of safety conducive to teaching and learning.

Objective 1: Staff feels that the school is safe, and administration supports and monitors the consistency of
actions/strategies/policies that will improve or maintain that feeling of safety,

Objective 2: Students feel that the school is safe. They feel free from the threat of physical harm and verbal
abuse. They feel they have an adult to go to with their safety concerns, and they feel their concerns are taken
seriously and addressed.

Objective 3: Staff and students have a positive view of the School Resource Officer.

Goal 2: To provide students with safety and legal information that promotes a safe, orderly environment, and
good citizenship.

Objective 2: SRO will conduct classroom lessons to promote a safe, orderly environment, and good citizenship.

D. Expectations of the partnership include:
1. Regular, open, and timely communication between all parties, to include SRO, school Principal, staff and
teachers, District personnel, and Police Department supervisors.
2. Reasonable levels of accommodation for and by all parties.
3. Minimum commitment to school of one year by each SRO.
4. Availability of SRO at all times when students are on the campus unless precluded by

a. court appointment, or,

b. required police department training or law-related education academy,

c. emergency within the Police Department or court system,

d. non-school related responsibilities which prevent the SRO from providing regular SRO duties,
Availability of the SRO for 10 months per year.

Agreement

The District and the City of El Mirage desire to work in cooperation with each other to further the safety

goals and expectations of Dysart High School. The City of El Mirage, through this Agreement, will assign one
school resource officer to the District high school within the City of El Mirage to perform the services listed
herein. Therefore, in consideration of the mutual promises and undertaking contained herein, the parties agree as
follows:

A. Duration of this Agreement shall be effective on approval of each party's governing board for a time period
to commence on July29 , 2021 and conclude on May 27, 2022.

Responsibilities of the District:

Duties of the Superintendent (or designee):

(oe)

Prepare annual Intergovernmental Agreement, based on agreed-upon purpose, expectations, and
responsibilities of the District and local Police Departments.

Serve as primary liaison between (a) SRO supervisors and the Police Departments, and (b) Dysart High
School.

Remit payment to the City of El Mirage within thirty (30) days of receipt of invoice from the SRO
Supervisor to pay SRO salaries and benefits for a ten (10) month period.

Duties of the School Principal:

8.
9.

Support and communicate the school safety goals and expectations to all staff, students, and parents on
the campus.

Guide the SRO on protocol regarding which issues should be handled by school personnel and which
require the involvement of the SRO.

Provide check in/out ledger for officer use, as well as office space, access to telephone, fax, computer,
copier, and secretarial support for the officer.

Develop a collaborative relationship with the SRO while allowing the officer to function independently
and within legal parameters.

Be actively involved in the selection process of the school's SRO.

Review the Memorandum of Understanding with the SRO, as well as the school's Operational Procedure
and staff expectations.

10. Monitor safety data and meet with the SRO on a regular basis.

11. Remain responsible for any school policy violations.
12. Provide input to the SRO supervisor on an annual performance evaluation

Duties of the Classroom Teacher:
13. Support and communicate information about the school safety goals and expectations in the classroom

and to students and parents.

14. Work with scheduling coordinator and SRO to provide classroom access for agreed upon classroom

lessons.

15. Remain in the classroom during SRO lessons to enhance the learning process and supervise student

participation.

16. Work through the building principal before involving the SRO in legal issues.

Responsibilities of the City of El Mirage

Duties of the SRO:

SRO should serve as a law enforcement/public safety specialist to
a. Assist the school administration to control order on the campus;
b. Intervene when conduct violates the law (in the case of a student, SRO should be backup to an arrest
rather than the principal officer);
c. Work with school and district administrators to ensure timely and uniform reporting of criminal
activities.
SRO should additionally:
a. Work asa team with any SRO or Probation Officer (PO) on the same campus;
b. Document presence on campus and advise the school principal or designee directly if -
1. absent from the campus for the day,
2. emergency within the Police Department or court system requires leaving the school campus
during the day, or
3. non-school related responsibilities prevent regular SRO duties for any reason.
c. Attend both staff and parent/community meetings as requested;
d. Serve on the School Safety Committee and collaborate with staff and administration on the
development of the safe school plan;
e. Build a positive relationship with students, parents, and school staff;
f. Serve as a positive role model by
1. setting clear limits to students about acceptable and unacceptable behaviors and the rewards of the
former
2. setting an example by modeling how to handle stress, resolve conflicts, be a friend, etc.
3. encouraging students to take responsibility for their actions, and
4, showing respect for administrators, teachers and staff

Duties of the SRO Supervisor:

3.
4,

5.
6.

7.
8.
9.

Communicate regularly with site and district administration.

Submit monthly invoices to the District consistent with agreed upon expenditures for salary and benefit
costs, documenting as needed by parties.

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

Contact the school principal and district liaison if the SRO will be replaced and initiate the hiring
procedure for a new officer.
Meet with school Principal if necessary to review SRO performance.

Review and update qualifications for SRO.

Provide SRO candidates to Principal and District for interviews and input regarding hiring and other
placement decisions.

10. Replace SRO upon the recommendation of the Principal and District.
11. Work with the Superintendent or designee to communicate any concerns or problems on behalf of an SRO.

D. Termination
1. Either party may terminate this Agreement if funds for the program become unavailable.
2. Either party may terminate this Agreement, for convenience or cause, upon five (5) working days prior
written notice to the other party.

E. Both parties shall be responsible for their own acts or admissions.

F. Both parties hereto will be acting in their individual governmental capacities and not as agents, employees, or
partners with 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.

G. District shall pay El Mirage an amount not to exceed $102,500 to defray the cost of the SRO salary and
benefits for a ten (10) month period. District shall remit payment to El Mirage within thirty (30) days of
receipt of invoice from the SRO Supervisor.

H. The City of El Mirage and the District will expend funds only for the purposes and uses specified in the
approved plan and budget. Funds shall not be used to pay City or District administrative costs for services
associated with the receipt of those funds including, but not limited to, accounting, payroll, data processing,
purchasing, personnel, overtime pay and building use.

I. Funds unencumbered as of May 31, 2022, and unexpended as of June 30, 2022 , shall be transmitted to the
District for reversion no later than August 30, 2021. In the event the Agreement is terminated prior to May
31, 2020, all unexpended funds in the possession of the City of El Mirage will be returned to the District
within thirty (30) days of such termination.

J. Each party shall maintain adequate commercial general liability insurance and worker's compensation
insurance as required by law.

Conflict of Interest Cancellation. As required by A.R.S. § 38-511, the parties acknowledge and agree that either
party may, within three years after its execution, cancel this contract, without penalty or further obligation, if any
person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of
either party is, at any time while the contract or any extension of the contract is in effect, an employee or agent of
any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the
subject matter of the contract.

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.

Severability. 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 on the parties.

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.

No Israel Boycott. The Parties agree that they are not currently engaged in, and agree that for the duration of the
Agreement they will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-393,

Dispute Resolution. If there is a dispute, which is the subject of mandatory arbitration provisions of A.RS. § 12-
133, the parties shall submit the matter to binding arbitration in compliance with A.R.S. § 12-1518.

Notices. All notices, requests for payment, or other correspondence between the parties regarding this Agreement
shall be mailed or delivered to the respective parties at the following address:

District: Quinn Kellis, Superintendent City: J. Crystal Dyches, City Manager
Dysart Unified School District City of El Mirage
15802 N. Parkview Place 10000 El Mirage Rd,
Surprise, AZ 85374 El Mirage, AZ 85335
623.876.7000 623.876.2940

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth below.

Dysart Unified School District

Quinn Kellis Date
Superintendent

City of El Mirage

Alexis A. Hermosillo Date
Mayor

INTERGOVERNMENTAL DETERMINATION

In accordance with A.R.S. § 11-952, the foregoing Agreement has been reviewed by the undersigned attorneys
who have determined that said Agreement is in proper form and is within the powers and authority granted to the
public body represented by their respective attorneys.

This "Yo day of No , 2020 This___ day of , 2020

SS for District Attorney for City of El Mirage
5

Notices. All notices, requests for payment, or other correspondence between the parties regarding this Agreement
shall be mailed or delivered to the respective parties at the following address:

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth below.

Dysart Unified School District

Quinn Kellis Date
Superintendent

City of El Mirage

Alexis A. Hermosillo Date
Mayor

INTERGOVERNMENTAL DETERMINATION
In accordance with A.R.S. § 11-952, the foregoing Agreement has been reviewed by the undersigned attorneys

who have determined that said Agreement is in proper form and is within the powers and authority granted to the
public body represented by their respective attorneys.

This Qieday of__[Mog , 202) This __ day of , 2020

Attorney for City of E] Mirage