Intergovernmental Agreement

City of Glendale — Regular Meeting (2025-06-24)

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INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF GLENDALE
AND
GLENDALE UNION HIGH SCHOOL DISTRICT
FOR
SERVICES OF SCHOOL RESOURCE OFFICER

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

, 2025, by and between the City of Glendale, a municipal corporation (“City”),
and, Glendale Union High School District (“District”), for Apollo High School, 8045 North 47"
Avenue, Glendale, Arizona 85302, Glendale High School, 6216 West Glendale Avenue, Glendale,
Arizona 85301, and Independence High School, 6602 North 75"" Avenue, Glendale, Arizona
85303 (“Schools”) a political subdivision 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 through the School Safety Project Grant 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 4, 2025, to May 20, 2026.

GC. The police officers will work with and aid the 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 term of the Agreement shall be from the first day of the 2025-26 school year,
August 4, 2025, until the last day of the school year, May 20, 2026. During the days the
Schools are not in session, the police officers shall perform their 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. The annual salary and benefits for a school resource police officer is estimated at
$178,009.70. The amount prorated for the ten-month school year is $148,341.42. District
agrees to pay the City $148,341.42 per officer for the ten-month school year. District agrees
to pay City $445,024.26 in total for three (3) SROs. 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.

7A 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.

20.

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.

Manner of Financing. The parties will fund their respective obligations under this
agreement through their respective annual budget processes, including but not limited to
their respective management and operations budgets, as applicable, and any other available
funds.

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 not to discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin, age,
marital status, sexual orientation, gender identity or expression, genetic characteristics,
familial status, U.S. military veteran status or any disability. Contractor will require any
Sub-contractor to be bound to the same requirements as stated within this section.
Contractor, and on behalf of any subcontractors, warrants compliance with this section.

E-verify. District complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.

21. 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.

22. Notices. Any notices that must be provided under this Agreement shall be sent to the
Parties’ respective authorized representatives at the address listed below:

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

With a copy to: Glendale City Attorney
5850 West Glendale Avenue
Glendale, Arizona 85301

If to DISTRICT: Glendale Union High School District
Attn: Amanda McAdams
7650 North 43" Avenue
Glendale, Arizona 85301

With a copy to: Gust Rosenfeld, P.L.C.
One East Washington Street
Phoenix, Arizona 853004

[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

School District

UY tte PR _—

Brian Capistran, Superintendent

GUHSD authorized on 5-21-25
Mr. Belden to sign on the

superintendent's behalf. Matthew Belden, Assistant Superintendent

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

GUST ROSENFELD

Carrie O’Brien
Legal Counsel for
Glendale Union High School District

GUCT
ROOSENFELD

ATTORNEYS SINCE 1921 P.LC.

@ ONE E. WASHINGTON, SUITE 1600 ll PHOENIX, ARIZONA 85004-2553 Il TELEPHONE 602-257-7422 Ml FACSIMILE 602-254-4878 @
Carrie O’Brien
602-257-7414
cobrien@gustlaw.com

May 14, 2025

Brian Capistran, Superintendent

Glendale Union High School District No. 205
7650 North 43rd Avenue

Glendale, Arizona 85301

Brian.Capistran@guhsdaz.org

Tina Charette, Administrative Assistant to the CFO
Tina.Charette@guhsdaz.or;

Re: Glendale Union High School District
Dear Superintendent Capistran:

Enclosed please find the Intergovernmental Agreement between Glendale Union High
School and the City of Phoenix for Services of School Resource Officer that has been reviewed,
approved and signed.

Very truly yours,

Bot

Lisa Bert
Legal Assistant to
Carrie O'Brien

CO/lb
Enclosure

6544097.1 GUSTLAW.COM
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