Agreement - IGA with TUHSD for SRO SY 2021-22

INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF GLENDALE
AND

TOLLESON UNION HIGH SCHOOL DISTRICT NO. 214
FOR
SERVICES OF SCHOOL RESOURCE OFFICER

This Intergovernmental Agreement (“Agreement”) is entered into this _ day of

, 2021, by and between the City of Glendale, a municipal corporation (“City”),
and the Tolleson Union High School District No. 214 (“District”), for Copper Canyon High
School, 9126 West Camelback Road, Glendale, Arizona, 85305 (“School”), a political subdivision
of the State of Arizona. (City, District and School are referred to herein individually as a “Party”
and collectively as the “Parties”).

RECITALS

A. The District has funding available through its School Safety Program Grant for school
resource officer services at the School.

B. The City and the District desire to enter into an agreement whereby the City will assign
one police officer to the School from July 29, 2021 to May 27, 2022 and tentatively for one
month in June 2022 for summer school.

Cc. The police officer will work with and aid the School’s administration and student
population in reducing crime on the School’s campus. Activities include education,
positive police/student interaction, and enforcement of criminal laws.

D. The District is authorized to enter into the Agreement pursuant to A.R.S. §§ 15-342 and
11-952.

E. The City is authorized to enter into this Agreement pursuant to A.R.S. § 11-952.

AGREEMENT

Now, therefore, in consideration of the foregoing recitals, which are incorporated herein by
reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:

1. Term. The term of the Agreement shall be from July 29, 2021 until the end of the School
year, May 27, 2022, and tentatively for one month in June 2022 for summer school. During
the days the School is not in session, the police officer shall perform his/her regular police
duties at a station as determined by the Chief of Police or his/her designee.

Termination. Either Party upon 30 days prior written notice may terminate the Agreement
without cause.

Relationship of Parties. City shall have the status of an independent contractor for the
purpose of this Agreement. The police officer assigned to the School, shall be considered
an employee of the City and shall be subject to its control and supervision; however, the
principal (or his/her designee) of the School will provide an evaluation of the assigned
police officer to the Chief of Police or his/her designee. The police officer assigned to the
School will be subject to the current procedures in effect for police officers of the Glendale
Police Department (“GPD”), including attendance at all mandated training and testing to
maintain state police officers certification. 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 Parties, and the rights and
obligations of the Parties shall be only those expressly set forth in this Agreement. The
Parties agree that no person supplied by the District to accomplish the goal of this
Agreement is a City employee and no rights under City civil service, retirement, or
personnel rules accrue to such person.

Cost. District agrees to pay the City $129,250 for the police officer’s benefits/salary for
the ten-month 2021-22 school year, plus one month summer school in June 2022 if
required. The District will not be responsible for overtime (unless the District requests it)
or other expenses relating to or resulting from police related activities, such as criminal
investigations and response to gang fights, assaults, and arsons. Each Party will maintain
a budget for expenditures under this Agreement. Payment from the District is due upon
receipt of an itemized statement.

Police Officer Responsibilities. The police officer’s duties and responsibilities while at
their assigned School shall be as follows:

5.1 Serve as a liaison between the School and GPD.

5.2 Solicit and promote crime prevention and police/community relations in School
and/or to other groups that have a potential impact on juvenile crime.

5.3 Consult with students, parents, teachers, and School officials regarding problems
and issues. Be knowledgeable of referral agencies in order to provide information
to the requesting parties.

5.4 Work with other unit members, School personnel, and provide supervision in a
positive, cooperative and productive manner.

5.5 Enforce all applicable laws in a fair and consistent manner.

5.6 Perform authorized tasks or assignments as instructed by their GPD supervisor.

5.7 Educate the students and School personnel by providing 180 hours of relevant and
informative educational programs.

5.8 Will be flexible in his/her work schedule to attend major events as deemed
appropriate by School administration.

5.9 Maintain a high visible presence on and around campus.

10.

Time_and Place of Performance. The police officer will be available for duty at the
assigned School each day that the School is in session during the regular School year. The
police officer’s activities will be restricted to the designated School grounds except for:

6.1 Follow-up home visits when needed as a result of School related student problems.

6.2 Incentive programs approved by the Parties.

6.3. In response to off campus, but School related criminal activity.

6.4 In response to emergency police activities.

6.5 Mandatory GPD meetings.

6.6 Mandatory GPD programs to maintain continuing proficiency standards to
maintain police officers’ certification.

6.7. Any scheduled court hearings, trials or grand jury that requires the police officer’s
appearance.

District Responsibilities.

7.1 The District will provide the police officer an office and such equipment, as is
necessary, at their assigned School. The equipment shall include a telephone and
filing space capable of being secured.

7.2. The School agrees to act reasonably and in good faith to assist the police officer
in the performance of his/her duties and responsibilities.

7.3. The District shall provide $100 for classroom instructional supplies for the SRO
as may be incurred throughout the School Year.

Coordination of Processes to Address Student Misconduct. The Parties will work together
to identify and streamline any separate processes for investigating and responding to acts
of student misconduct that may also implicate criminal misconduct.

Chain of Command and Channels of Communication. The Principal or Principal’s
designee will communicate directly with the officer’s direct supervisor about any issues or
concerns involving the officer. If there is an issue that cannot be resolved between the
Principal or designee and the officer’s direct supervisor, a District representative will
communicate with the GPD Training Lieutenant or his/her superiors, as determined
appropriate by the City.

Program Continuation Subject to Appropriation. The provisions of this Agreement shall
be effective when funds are appropriated for purposes of this Agreement and are actually
available for payment by the District. The District shall be the sole judge and authority in
determining the availability of funds under this Agreement. The District shall keep the
City fully informed as to the availability of funds for its program. The obligation of the
District to make any payment pursuant to this Agreement is a current expense of the
District, payable exclusively from such annual appropriations, and is not a general
obligation or indebtedness of the District. If the Board of the District fails to appropriate
money sufficient to pay the reimbursements as set forth in this Agreement during any
immediately succeeding fiscal year, this Agreement shall terminate at the end of then-

11.

12.

13.

14.

15.

16.

17.

18.

19.

current fiscal year and the City and the District shall be relieved of any subsequent
obligation under this Agreement.

Cancellation. The City and the District acknowledge that this Agreement is subject to
cancellation by either Party pursuant to the provisions of A.R.S. § 38-511.

FERPA Compliance. 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.

Records. Parties shall maintain the records required in this Agreement for a period of three
years after the termination of this Agreement.

Property Disposition. The Parties do not anticipate having to dispose of any property upon
partial or complete termination of this Agreement. However, to the extent that such
disposition is necessary, property shall be returned to its original owner.

Entire Agreement. This Agreement comprises the entire agreement of the Parties and
supersedes any and all other agreements or understandings, oral and written, whether previous
to the execution hereof or contemporaneous herewith. Any amendments or modifications to
this Agreement shall be made only in writing and signed by the Parties to this Agreement.

Applicable Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Arizona.

Worker's 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 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. Each
Party shall post a notice pursuant to the provisions of A.R.S. § 23-1022.

Non-Discrimination. Both Parties agree to comply with all applicable provisions of state
and federal laws and regulations, including the Americans with Disabilities Act and
Executive Order 99-4, which is incorporated herein by reference, mandating non-
discrimination and requiring that all persons, regardless of race, religion, sex, age, national
origin or political affiliation shall have equal access to employment opportunity.

E-Verify. Both Parties acknowledge that immigration laws require them to register and
participate with the E-Verify program (employment verification program administered by
the United States Department of Homeland Security and the Social Security Administration
or any successor program) as they both employ one or more employees in this state. Both
Parties warrant that they have registered with and participate with E-Verify. If either Party
later determines that the other non-compliant Party has not complied with E-Verify, it will
notify the non-compliant Party by certified mail of the determination and of the right to
appeal the determination.

20.

21.

No Boycott of Israel. No Boycott of Israel. To the extent A.R.S. § 35-393 through § 35-
393.03 are applicable, the parties hereby certify that they are not currently engaged in, and
agree for the duration of the Agreement to not engage in, a boycott of goods or services
from Israel, as that term is defined in A.R.S. § 35-393.

Notice. All notices relating to this Agreement shall be deemed given when mailed, by
certified or registered mail, or overnight courier, to the other Party at the address set forth
below or such other address as may be given in writing from time to time:

If to CITY: Glendale Police Department
Attn: Police Chief Chris Briggs
6835 North 57" Drive
Glendale, Arizona 85301

With a copy to: Glendale City Attorney

5850 West Glendale Avenue
Glendale, Arizona 85301

If to DISTRICT: Tolleson Union High School District No. 214
Attn: Dr. Rosalva Lagunas, Ph.D.
9801 West Van Buren Street
Tolleson, Arizona 85353

With a copy to: Udall Shumway, PLC
Attn: Dr. Cathleen Dooley
1138 N. Alma School Road, Ste. 101
Mesa, Arizona 85201

[SIGNATURES APPEAR ON FOLLOWING PAGE]

IN WITNESS HEREOF, the Parties, through their respective undersigned authorized officers,
have duly executed this Agreement as of the day and year first written above,

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

son Union High School / No. 214

ee hem

Nora Ghitierrez; “~ i

Approved as to Horm and within the powers and
authority of the’ District:

Cathleen Dooley, Attorney fo District |