Extracted text (via ocr_local)
23322 characters
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE WICKENBURG UNIFIED SCHOOL DISTRICT NO.9
AND THE TOWN OF WICKENBURG, ARIZONA
This intergovernmental agreement (“Agreement”) is entered into effective as of July 1, 2023, by and
pp r i S o TWASI: o A ri: es A are
b nthe Town of Wickenbure, apo bd on of th Arizona own’) ang Vj
from time to time referred to herein as either “Party” or “Parties”.
Recitals.
A. The Arizona legislature adopted Laws 1994, 2"°S., Ch. 201, sections 23, 25, and 33, effective July
17", 1994, that created a Joint Legislative Committee on School Safety (“ILCSS”) for the purpose
of approving funding for school safety programs and law related education programs (“Safe
Schools Program”) developed by Arizona school districts, which utilize the services of school
resource officers and juvenile probation officers. The Department of Education will receive
monies from the general fund and tax revenues in fiscal years 2023-26 in order to place School
Resource Officers in Arizona schools in accordance with approved “Safe School Programs.”
B. The Town and WUSD desire to place up to three School Resource Officer ( collectively
“SRO”) by the Wickenburg Police Department (hereinafter referred to as the “WPD”) in
the Wickenburg schools.
C. The parties are authorized to enter into this Agreement by A.R.S.§11-952. The WUSD is
authorized to enter into this Agreement under A.R.S. §15-342. The Town is authorized to provide
personnel and cooperatively use services under A.R.S. §41-2632, and establish and regulate the
police of the Town under A.R.S. §9-240.B.12 as well as other statutes and regulations and the
ordinances of the Town of Wickenburg.
D. The WUSD is a public educational institution. The WUSD desires to participate in the
Arizona School Safety grant program which provides funding so that the Wickenburg
Police Department can place a $.R.O. in Wickenburg Schools within the town limits of the
Town of Wickenburg, Arizona.
Purpose
A. The purpose of this Agreement is to extend the existing cooperative relationship between the
students, faculty, staff, and administrators of the WUSD and the WPD, as well as establishing
the general framework for participation in the School Safety Program.
B. The WUSD and the Town desire to meet the goals and objectives of the Arizona School
Safety grant which include:
Goal 1: The school Safety Program contributes 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.
Goal 2:
citizenship.
To teach Law Related Education that promotes a safe, orderly environment and good
Objective 1: The School Safety Oversight Committee will ensure the continuous review and provision
of instructional materials that promote a safe, orderly environment and good citizenship.
Objective 2: The SRO(s) will conduct a minimum of 180 hours or Law Related Educational instruction
per year as outlined in the School Safety Program Guidance Manual. The Law-Related Education
instruction promotes a safe, orderly environment and good citizenship.
Objective 3: The SRO(s) will attend an annual Oversight Committee approved Law Related Education
academy/class to enhance their classroom skills and knowledge of appropriate LRE lessons.
C. Expectations of the partnership include:
1.
w
Regular, open, and timely communication between all parties, to include SRO, school
Principal, staff and teachers, WUSD personnel, and WPD supervisors.
Reasonable levels of accommodation for and by all parties.
Minimum commitment to school of one year by each SRO.
Availability of SRO(s) at all times when students are on campus unless precluded by:
a. Court appointment, or,
b. Required police department training or law-related education academy, or,
c. Emergency within the Police Department or court system, or,
d, Non-school related responsibilities which prevent the SRO from providing
regular SRO duties as approved by supervisor.
Semi-annual review of the progress and success of the program.
Minimum of 180 hours of law related education to include 80 hours of LRE classroom
instruction and 100 hours of universal LRE instruction per SRO per year.
Availability of one SRO for 12 months per year and two SROs for 11 months per year,
to include participation in summer programs and activities.
Familiarity of all partners with information included in the Guidance Manual for
School Safety Program.
Agreement
THEREFORE, for good and valuable consideration, the Parties hereby agree as
follows:
Recitals. The foregoing Recitals are true and accurate and are incorporated herein
Assignment of SRO: == The WPD will assign one SRO to the WUSD High school or middle school,
or combination of both due to the close physical proximity of campuses to perform the services
set forth herein.
Duration: Duration of this Agreement shall be effective on approval of each party’s
governing board for a time period to commence on July 1*, 2023 and conclude on June
30", 2026.
Responsibilities of the WUSD:
Duties of the Superintendent (or designee)
1. If required by the Arizona State Department of Education, prepare an annual
Intergovernmental Agreement, based on the agreed-upon purpose, expectations, and
responsibilities of the WUSD and loca! Police Department
2. Submit grant proposals for continued funding.
3. Provide for an annual evaluation of the School Safety Program by staff, students, and
parents, which will be made available to the supervisor within the cooperating agency.
4. Serve as primary liaison between (a) SRO supervisors and WPD on the one hand and (b)
the participating schools on the other hand.
5. Remit payment to the Town within thirty (30) days of receipt of invoice from the SRO
Supervisor to pay SRO salaries and benefits for a twelve (12) or eleven (11) month
period.
6. Provide a secure private office, desk, telephone, locking file cabinet, and a computer with
internet connectivity at each school covered by this Agreement for use by WPD SROs. At
those facilities where a WUSD radio system is in use by monitors and school staff, WUSD will
provide access to WUSD radios and keys for the use of the SRO’s assigned to the school
during the period of duty assignment. Upon termination, all property or equipment used by
the Parties in the performance of their responsibilities under this agreement shall remain
the property of the party that purchased the property or equipment.
Duties of the School Principal:
1. Support and communicate the School Safety program philosophy to all staff, students,
and parents on the campus.
2. Engage and work proactively with WPD to ensure the effectiveness of the protocols in this
agreement.
3. Support the integration of law-related education into the classroom, assuring a minimum of
80 hours per year, covering all classrooms, and using a wide variety of law-related topics.
4. Guide the SRO on protocol regarding which issues should be handled by school
personnel and which require the involvement of the SRO.
5. Provide a minimum administrative secretarial support for the SRO.
6. Attend the School Safety Program orientation for administrators.
7. 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 SRO.
9. Review this Agreement with the SRO, as well as the school’s Operational Procedure and
staff expectations.
10. Monitor the program’s implementation process and meet with the SRO on a regular basis.
11. Direct staff development of teachers and SRO involved in the delivery of law
related education.
12. Remain responsible for any school policy violations, including investigating incidents for which
suspension or expulsion may be considered under Student Code of conduct
13. Provide input to the SRO supervisor on an annual performance evaluation to assist the
office in meeting the intent of the grant.
9
Duties of the Classroom Teacher:
1. Support and communicate information about the School Safety Program in the classroom
and to students and parents.
2. Work with scheduling coordinator and SRO to provide classroom access for
law-related education.
3. Remain in the classroom during law-related education to enhance the learning process
and supervise student participation.
4. Work through the school principal before involving the SRO in legal issues.
5. Participate in the annual evaluation of the program
Non-Interference by WUSD: No WUSD administrator or school employee shall interfere with
an SRO’s sworn law enforcement duties. It is agreed, however that at such time as an SRO is
acting within the role of a sworn law enforcement officer but is also acting outside of or in
excess of WUSD’s rules and policies regarding interviewing, search and seizure and/or use of
appropriate physical force on students, the Town shall hold WUSD harmless from such actions by
the SRO. The SRO shall not assist in WUSD’s administrative discipline process unless a definitive
danger is perceived by school staff and the SRO, or the student is suspected of criminal activity.
Responsibilities of the Town of Wickenburg and Wickenburg Police Department:
The WPD SRO shail fulfill his or her duties as a sworn law enforcement officer for the State of
Arizona. The SRO will be present and accessible on the assigned School campus as scheduled by
WUSD. Notwithstanding the foregoing, the SRO may be temporarily assigned to duties other
than SRO services during school times as deemed necessary by the WPD Chief of Police or
authorized designee, in his or her sole discretion. If the SRO is called away on police business
including, but not limited to Town-mandated training, AZ POST required meetings or training,
Town related emergencies, etc., the WUSD shall not be invoiced for that time, and the costs for
such time shall be borne by the Town. If the SRO is attending an SRO-related training or other
activity mandated by the school, the WUSD shall be invoiced as per the agreement.
When school is not in session, including all breaks, school-observed holidays, and school
vacations, the WPD shall have full discretion to assign the SRO responsibilities, provided,
however, that the Town shall be responsible for 100% of the SRO’s costs when so assigned.
Duties of the SRO(s):
1. SRO(s) shall serve as a law enforcement/public safety specialist to;
a. Assist the school administration to control order on the campus by providing a visible
deterrence to crime while presenting a positive impression of a law enforcement
officer.
. Enforce all violations of the law on campus
¢. Maintain good records, provide accurate and timely reporting of ail legal education
activities and instructional efforts on each campus.
d. Work with school and WUSD administrators to ensure timely and uniform
reporting of criminal activities to include signs of abused or neglected children, and
to ensure that all mandatory reporting of abuse or neglect is done timely
e. Work as a team with any WPD officer or Probation officer on the same campus
f. Document presence on campus through check-in/out via ledger or mobile
data terminal (MDT) and advise the school principal or designee directly if:
i. Absent from the campus for the day
ii. Emergency within the WPD or court system requires leaving the
school campus
iii. Non-school related responsibilities that prevent regular SRO duties
for any reason
iv. Notify the SPD SRO supervisor or on-duty supervisor if not available,
in a timely manner.
Attend both staff and parent/community meetings as requested
Utilize the time when school is not in session to attend all required WPD
training needed to maintain POST certification to lessen impact on WUSD.
i. €ollaborate with staff, SRO Supervisor and administration on development of the
Safe School Plan.
j. Build a positive relationship with students, parents and school staff.
k. Serve as a law related educator and
|. Provide a minimum of 80 hours of law related education in the
classroom per year.
I. Collaborate with classroom teachers to integrate law related
education into the curriculum
lll. Attend the basic or advanced law-related academy annually.
WV. Provide a minimum of 100 hours of Universal LRE instruction per year
|. Serve as a positive role mode! by; supporting the schoo! administration and staff in
addressing student issues and being an professional example of positive attitude and
good behavior that students can emulate.
7m
j. Conduct follow up home visits when needed as a result of truancy related issues.
Duties of the SRO Supervisor{(Sergeant):
1.
2.
Communicate and carry out the philosophy and goals of the School Safety Program.
Coordinate with Town of Wickenburg’s Fiscal department toSubmit monthly
invoices to the WUSD consistent with agreed upon expenditures for salary and
benefit costs, documenting as needed by parties.
Attend all SRO required training to include the law-related education orientation for
administrators.
Conduct a minimum of four annual visits to school sites under their supervision.
Participate in the development, review, and revision of future tntergovernmental
Agreements.
Contact the school principal and WUSD liaison if a SRO will be replaced and assist
WPD executive staff and TOW Human resources to initiate a hiring procedure for a
new officer.
7. Review, Amend or supplement WUSD reporting and evaluation forms
8. Meet with school Principal a minimum of four times annually to review SRO(s) performance
9. Work with WPD executive staff and TOW human resources to Review and update
qualifications for SRO.
10. Provide SRO candidates applications to Principal and WUSD for assistance with
interviews and input regarding hiring and other placement decisions.
11. Work with the Superintendent or designee to communicate any concerns or problems
with WUSD staff on behalf of an SRO.
12. Fill in for other SROs in the event of any absences, either personal or employment
related.
13. Organizes and Ensures all required training is completed for both WUSD and Wickenburg
Police Department.
14. Supervises SRO employees on administrative aspects of their jobs ie: Timesheets, work
schedules, performance evaluations, scheduling participation in both school and after
school events, assisting with coaching and mentoring.
15. Works as on- scene commander for any significant event until WPD supervisor arrival
16, Recommends personnel action to WPD command staff and assists with implementation
of disciplinary action.
17. Acts as the liaison between WPD executive staff and WUSD leadership.
18. Perform or delegate threat assessments for all WUSD schools assigned to SRO’s
19. Perform all related duties required of a WPD Sergeant.
Dispute Resolution Process: The parties shall use all reasonable efforts to resolve any dispute or
claim through good faith negotiations. If the parties are unable to resolve the dispute or claim
through negotiations, upon the written request of either party, the WPD Chief of Police or
designee and the Principal, or designee will attempt to resolve the matter within ten (10)
calendar days of the date the matter was referred to the Wickenburg Town Manager, or
designee and the WUSD Superintendent, or designee. If the matter is still not resolved within 10
calendar days, the parties may terminate this Agreement as outlined below in section G.
. Termination:
1. This Agreement may be terminated by the parties under A.R.S. § 38-511.
2. Either party may terminate this Agreement if funds for the program become unavailable.
3. Either party may terminate this Agreement, for the convenience or cause, upon five (5)
working days prior written notice to the other party.
indemnification: The Parties (referred to individually as Indemnitor} mutually agree to defend,
indemnify and hold harmless the other party, and such party's officers, officials, employees,
agents, and directors (collectively the Indemnitee} from and against any and all claims,
demands, losses, liabilities, causes of action and costs (including expert witness fees, attorney’s
fees and costs of defense and appellate appeal) {collectively claims), which may be imposed
upon incurred by or asserted against the Indemnitee, to the extent attributable (directly or
indirectly) to, or arising in any manner by reason of, the negligence, error act or omission of
Indemnitor or any agent, officer, servant, or employee of the Indemnitor, or anyone for whom
Indemnitor may be legally liable relating to the acts performed by Indemnitor or any agent,
officer, servant, or employee of the Indemnitor in the performance of this Agreement. The
insurance coverage requirements of this Agreement do not limit the scope of indemnification.
This provision shall not be construed to obligate the Town to pay sums or undertake obligations
beyond that otherwise allowed by law. If a claim or claims by third parties become subject to
this indemnity provision, the Parties shall expeditiously meet to discuss a common and mutual
defense, including possible proportionate liability and payment of possible litigation expenses
and damages. The obligations under this Section H shal! survive termination of this Agreement.
1. Independent Agencies: Except as otherwise provided by law, in the performance of this
Agreement and the “Safe Schools Program,” both parties hereto will be acting in their
individual governmental capacities and not as agents, employees, or partners with each other.
The employees, or agents of the other party.
J, Compensation: WUSD shall pay the Town not to exceed $142,667.33/officer to defray the cost
of SRO salary and benefits for a twelve (12) month period and not to exceed
$107,481.75/officer to defray the cost of SRO salary and benefits for an eleven (11) month
period. WUSD shall remit payment to the Town within thirty (30) days of receipt of an invoice
from the SRO Supervisor.
K. Authorized Expenditures: The Town and WUSD will expend funds only for the purposes and
uses specified in the approved plan and budget. The Town and the WUSD agree to reimburse
the Arizona Department of Education for any unauthorized or inappropriate expenditures
which are not in compliance with the approved plan and budget. Funds shall not be used to pay
Town or WUSD Administrative costs for services associated with the receipt of those funds
including, but not limited to payroll, accounting, data processing, purchasing, personnel,
overtime pay and building use.
L. Unexpended Funds: Funds unexpended as of June 30", 2026 shall be transmitted to the WUSD
for reversion no later than August 31%, 2026. In the event the Agreement is terminated prior to
June 30", 2026, all unexpended funds in the possession of the Town of Wickenburg will be
returned to WUSD within thirty (30) days of such termination.
M. Insurance: WUSD shall maintain adequate commercial general liability insurance and
worker’s compensation insurance as provided by the Arizona School Risk Retention Trust,
and the Town shall maintain adequate commercial general liability insurance and
worker’s compensation insurance as provided by the Arizona Municipal Risk Retention
Pool. If either Party elects to terminate its insurance coverage under its respective risk
retention pool, the Party electing to terminate such coverage shall notify the other party
sixty (60) days prior to such termination and provide evidence of replacement coverage
reasonably acceptable to the non terminating Party .
N. 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:
WUSD: Dr. Barbara Remondini
Wickenburg Unified School District
101 Coconino Street
Wickenburg, Arizona, 85390
Town: Stephen Erno
Town
Manager
Town of Wickenburg
155 N. Tegner St Suite A
Wickenburg, Arizona, 85390
0. General Provisions:
a
Assignment. Neither Party may assign its rights or obligations under this Agreement.
Attorneys’ Fees. In the event of any actions taken to enforce the terms of this Agreement
including but not limited to litigation, the prevailing Party shall be entitled to reasonable
attorneys’ fees and costs.
Headings and Counterparts. The headings in this Agreement are for reference purposes and
do not limit or define any provision.
Further Documentation. Each Party agrees in good faith to execute any additional
documents as may be necessary or appropriate to fully carry out the intent and purpose of
this Agreement.
Counterparts. This Agreement may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an original
and all of which shall constitute one and the same instrument.
Entire Agreement. This Agreement contains the entire understanding among the Parties
and this Agreement may be amended only by an instrument in writing signed by all
Parties.
Authority. Each person executing this Agreement represents and warrants that he or she
possesses full legal authority to bind his or her respective Party to this Agreement.
{srael. District certifies that it is not currently engaged in and agrees for the duration of this
Agreement that it will not engage in a boycott of Israel, as that term is defined in Ariz. Rev.
Stat. § 35-393.
Immigration Law Compliance Warranty. As required by A.R.S. § 41-4401, District hereby
warrants its compliance with all federal immigration laws and regulations that relate to its
employees and A.R.S. § 23-214{A). District further warrants that after hiring an employee,
District verifies the employment eligibility of the employee through the E-Verify program. If
District uses any subcontractor in performance of this Agreement, subcontractors shall
warrant their compliance with all federal immigration laws and regulations that relate to its
employees and A.R.S. § 23-214(A)}, and subcontractors shall further warrant that after hiring
an employee, such subcontractor verifies the employment eligibility of the employee
through the E-Verify program. A breach of this warranty shail be deemed a material breach
of the Agreement that is subject to penalties up to and including termination of the
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth below.
Date
Dr. Barbara Remondi
Superi dent
Wickenburg Unified School District
9/7/22
Date
Rui Pereira
Mayor
Town of Wickenburg
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.
st
This 1@ thy of A la 2023 rhis day of TU 2023
Lik ‘
frr_ CO
A *6rney for WUSD