Agreement - IGA with DVUSD for SRO SY 2022-23

INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF GLENDALE
AND
DEER VALLEY UNIFIED SCHOOL DISTRICT
FOR
SERVICES OF SCHOOL RESOURCE OFFICERS

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

, 2022, by and between the City of Glendale, a municipal corporation (“City”),
and the Deer Valley Unified School District (“District”), for Deer Valley High School, 18424
North 51% Avenue, Glendale, Arizona 85308, and Mountain Ridge High School, 22800 North 67"
Avenue, Glendale, Arizona 85310 (“Schools”), political subdivisions of the State of Arizona
(City, District and Schools are referred to herein individually as a “Party and collectively as the
“Parties”).

RECITALS
A. The District has funding available for school resource officer services at the Schools.

B. The City and the District desire to enter into an agreement whereby the City will assign
one police officer to each School from August 3, 2022 to May 19, 2023.

C. The police officer will work with and aid each School’s administration and student
population in reducing crime on the School 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 initial term of the Agreement shall be from August 3, 2022 until the end of
the School year, May 19, 2023. During the days the Schools are not in session, the
police officers shall perform his/her regular police duties at a station as determined by
the Chief of Police or his/her designee.

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

3. 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 officer 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.

4. Cost. District agrees to pay the City 25% of each officer’s yearly salary and benefits
($37,365) based on an annual rate of $149,460. City will pay 75% of each officer’s
yearly salary and benefits. 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. The overtime rates shall be billed at the established GPD overtime rates. Each
Party will maintain a budget for expenditures under this Agreement. Payment from the
District is due upon receipt of an itemized statement.

5. Police Officers 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 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.

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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 each 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 District through the Schools agrees to act reasonably and in good faith to assist
the police officer in the performance of his/her duties and responsibilities.

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. Ifthe 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

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terminate at the end of then-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

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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.

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: 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: Deer Valley Unified School District
Attn: Curtis Finch, PhD
20402 North 15'* Avenue
Phoenix, Arizona 85027

[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

Deer Valley Unified School District

urtis Finch, Superintendent

Approved as to Form and within the powers and
authority of the District:

Legal Counsel for cae