Copy of IGA with Mesa Unified School District No. 4

INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CHANDLER AND THE MESA
SCHOOL DISTRICT NO. 4

This Intergovernmental Agreement (“Agreement”) is entered into this J6th day of

March , 2021, between the City of Chandler, Arizona, a municipal corporation, herein
referred to as (“City”), and the Mesa School District No. 4, a political subdivision of the State
of Arizona, herein referred to as the (“District”), to provide for the assignment of a School
Resource Officer ("SRO") on the terms and conditions herein stated. (City and District are
referred to herein individually as a “Party” and collectively as the “Parties”.)

WITNESSETH:

WHEREAS, the governing bodies of the City and the District are mutually interested
in providing law enforcement education and security to school campuses; and

WHEREAS, the City and the District desire to enter into an agreement whereby the
City will provide a sworn, certified police officer to provide SRO services during the 2020-
2023 school year; and

WHEREAS, the District has funding through a grant (“Grant”) from the Arizona
Department of Education School Safety Program (‘Program’) to fund a SRO to be assigned
to Summit Academy ("Grant SRO") for the 2020-2023 school years; and

WHEREAS, the City is authorized to enter into intergovernmental agreements for
services or for the exercise of joint or common powers pursuant to A.R.S. § 11-951, et seq.;
and

WHEREAS, the District is authorized to enter into this Agreement pursuant to A.R.S.
§§ 15-342 and A.R.S. 8§ 11-951, et seq,

NOW THEREFORE, in consideration of the mutual covenants and provisions contained in
this Agreement and other good and valuable consideration, the adequacy of which is
hereby acknowledged, the City and the District do now agree to cooperate with each other
in carrying out the above purposes, according to the School Safety Program Guidelines and
to that end to agree as follows:

1. THE CITY AGREES:

(a) For the 2020-23 school year, to assign a total of one police officer who will act
as a School Resource Officer to the District School of Summit Academy.

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

0)

The SRO is not a District employee and is an employee of the City and is
under the operational control of the Chandler Police Department according
to Chandler Police General Orders.

The SRO shall fulfill his/her duties as a sworn law enforcement officer for the
State of Arizona.

The SRO shall meet all training requirements for law enforcement and
program certification established by the Chandler Police Department, the
Mesa School District and the Arizona Department of Education (as it pertains
to grant funding).

The SRO shall be insured under the City of Chandler liability insurance and
workman's compensation insurance.

The SRO's supervisor shall solicit input from the school's administrator
concerning the SRO's performance evaluation.

Records of services provided and programs accomplished shall be
maintained by the Chandler Police Department and the District.

The City agrees to involve the District in the screening of officers for SRO
positions. This process will include allowing a District representative to be on
the initial selection committee.

The SRO shall comply with District policies and expectations as to interviews
with students. District or school administration shall inform the SRO of the
District policies and expectations.

If the District is unable to fund this program in the future, the Chandler Police
Department will evaluate its resources and determine if the program Is
eligible for funding.

THE DISTRICT AGREES:

(a)

Effective July 1, 2020, for fiscal year 2020-2021 to pay the Chandler Police
Department $145,655.00 towards the partial cost of salary, benefits, and
equipment for one grant-funded School Resource Officer. The total actual
salary and benefits amount for the officer is $151,328.00, It is estimated that
the “Safe Schools Program” grant will fund $139,982.00 and the District will
fund fifty percent of the difference between grant and actual SRO salary and
benefits totaling $5,673.00 for a total payment of $145,655.00. The City will
cover the additional fifty percent of the costs.

(b)

(c)

(d)

(e)

(f)

(g)

The District shall provide buildings, facilities and related equipment
necessary for program implementation.

The SRO shall be under the operational control of the Chandler Police
Department according to Chandler Police General Orders.

The SRO shall meet all training requirements for law enforcement and
program certification established by Chandler Police Department, the Mesa
School District and the Arizona Department of Education.

Records of services provided and programs accomplished shall be
maintained by the Chandler Police Department and the District (as it pertains
to grant funding).

No district or site administrator shall interfere with the duties of the SRO as a
sworn law enforcement officer.

If the program is successful, the District will do everything possible to make
the School Resource Officer and the accompanying law enforcement
education a permanent part of the Summit Academy curriculum when grant
funding is no longer available.

THE ROLE OF A SCHOOL RESOURCE OFFICER:

The successful implementation and continuation of the SRO program is primarily
dependent on the performance and realization of the SRO's various roles. The SRO
serves as a Mentor/Role Model, Teacher/Educator, Liaison and Law Enforcement
Officer.

A.

Mentor or “Role Model”:

1, Prevention is the center or focus of the program. It is essential for an
SRO to be a positive role model at all times. Because the SRO is
constantly in view of students, he or she has the unique opportunity
to form lasting impressions and attitudes with an emphasis on
building positive relationships.

2. The SRO shall set an example by positively modeling how to handle
stress, resolve conflicts, and celebrate successes.

3. The SRO shall encourage responsibility by helping students think
through options and consequences of decisions.

The SRO shall foster positive relationships with all students and
school community members in a manner that promotes a positive
image of law enforcement.

The SRO shall serve as a protective factor for students by conducting
themselves as a neutral approachable adult, positive representative of
authority, and community resource member.

Teacher or Educator:

1.

"Law Related Education” (LRE) is designed to teach students the
fundamental principles and skills needed to be responsible members
of the community and participants in democracy.

The SRO provides the school with an additional educational resource
by sharing their expertise in the classroom and provide evidence-
based curriculum, consistent with Arizona Department of Education
academic standards.

The instruction should impact a priority focus, identified through a
needs assessment, targeted or designed to deal with certain issues or
problems facing the school, staff, and/or students.

The SRO will participate in needs assessments facilitated by school
administration within an identified multidisciplinary safety team.

Liaison:

The central principle of “Community Policing” and the “SRO Program”
involves the creation of partnerships between law enforcement and
members of the community.

The SRO will be expected to serve as a liaison between the students,
the school administration, and the Chandler Police Department.

Law Enforcement Officer:

When necessary the SRO has the authority to intervene as a law-
enforcement officer. Once order is restored, the SRO's other roles as a
mentor and educator are the more typical day to day responsibilities.

2. The SRO collaborates with school personnel on school-wide safety
strategies (e.g. staff trainings, emergency response planning, needs
assessments, and prevention programs).

3. The SRO's role as a Law Enforcement Officer should not be used for
intimidation or as part of the disciplinary process.

4. When enforcement action is taken, the SRO will consider Procedural
Justice Principals and the importance of positive preventative follow
up relationship building after an event for all parties involved.
4. DUTIES AND RESPONSIBILITIES:

The SRO's duties and responsibilities include, but are not limited to, the following:

A. LAW ENFORCEMENT:

1. The SRO is first and foremost a law enforcement officer. As a law
enforcement officer, the SRO will act as a deterrent to crime both on
the school campus and in the surrounding community by uniformed
presence and the development of positive relationships with students,
faculty, and community members.

2. The SRO will perform police duties as assigned by the City and
specified in policy, while attempting to ensure that such activities do
not dramatically interfere with school operations and student
curriculum schedules.

3. The SRO may encourage students to follow school policy. The SRO
shall not replace a staff member in enforcing school policies. The SRO
will NOT act as a school disciplinarian. Disciplining students is a
school responsibility. However, if the principal/school administration
believes that an incident is a violation of the law, they may contact the
SRO and request assistance. The SRO will then determine whether
law enforcement action is appropriate.

4. District and/or other school personnel will not interfere with the law
enforcement duties and responsibilities of the SRO. This does not
preclude the principal and/or other school administrative staff from
contacting the SRO for assistance relating to law enforcement
matters. However, the SRO will make the final determination whether
law enforcement action is appropriate.

if law enforcement action is taken, the SRO should make the school
administration aware of the action as soon as practical.

At the Principal's request, the SRO will take appropriate law
enforcement action against intruders and unwanted guests who may
appear at the school, and related school functions, to the extent that
the SRO may do so under the authority of the law.

The SRO will not use a personal vehicle for any law enforcement
duties. This does not preclude the use of a personal vehicle for
transportation to and from a duty assignment or location.

School officials will follow procedures established by State law for
reporting crimes and/or threats to law enforcement personnel (A.R.S.
§§ 13-2911 and 15-341).

The SRO's police duties also include, but are not limited to, the
following:

a. Protect the school, staff, and students from violations of the
law. ;
b. Investigate crimes or other school related incidents that

originate on their assigned school campus, making arrests
when appropriate.

1) If an incident occurs off campus, involving students
from the campus served by the SRO, the SRO may
become involved if necessary, but will normally allow
the local jurisdiction to take disposition. If the incident
is investigated by an outside agency, the SRO shall
request copies of the documentation.

C. When appropriate, make necessary notifications to other
agencies (DCS, probation, other police jurisdictions, etc.)

d. Assist school officials in the enforcement of the truancy laws
but shall not replace district or site truancy personnel.

e. Maintain peace and order within the school and surrounding
community.

f. Gather information regarding potential problems (such as
criminal activity, gang activity, student unrest, etc.), and
attempt to identify particular individuals who may be a
disruptive influence to the school and/or students.

g. Collection of information:

1) Monthly statistics/activity log (SRO monthly stat-form)

2) Gang/group activity and identification (intelligence files)

3) Crimes, investigations, and arrests

SCHOOL SAFETY AND SECURITY:

1. The SRO will assist administrators in formulating plans and strategies
to prevent and/or minimize dangerous situations, which might occur
on campus.

2. The SRO will work closely with the school administration to assist in

continual improvement of the School Safety Response Plan.

3. Effective school safety planning should begin with a site assessment
or a review of the physical facilities from the standpoint of preventing
crime though environmental design. The site assessment should
identify key issues, concerns, or problems faced by the school. The
site or safety assessment shall be conducted annually at a

minimum.
4. The site assessment should include a review of the following:
a. Floor plan of the school buildings
b. Asite plan showing the campus boundaries and access points
CG Current crime prevention efforts
d. Current crisis prevention and response plans
e. Student discipline problems
f. Student activities and extracurricular programs

g. Health and medical services provided on campus

h. Nearest emergency medical facility serving the geographical
area of the school

i. Recent crimes or “calls for service” generated from the school

j. Past crime or activity reports
k. Known safety or security concerns of the staff and students
5. The development of specific plans or procedures will depend

primarily on the needs of the school, However, the following is a list
of basic plans or ideas that may be implemented:

a. Crisis prevention and response plans

1) Step-by-step procedures for potential crisis or
emergency situations

2) Evacuation or Lockdown procedures
a) Staff classroom coverage
b) Student accounting
3) Emergency kits
4) Backup and emergency communications

b. Uniform procedures to screen and monitor campus visitors
and potential intruders

d. “Silent witness” program
f. Uniform procedures for the detection and/or collection of
weapons by the SRO
6. The SRO will coordinate their activities with the Principal (or

appropriate faculty members), and will seek permission, guidance,
and/or advice prior to enacting any programs or plans within the
school.

EDUCATION:

The SRO will act as a resource, consultant, and/or adjunct presenter to both
the staff and students in areas of Law Related Education (LRE).

1. Student Education:

a. At the school's request, the SRO may provide instruction and
other information to students concerning law related topics.
The SRO at Summit Academy will follow the required Law
Related Education hours and standards as dictated by the
Arizona School Safety Program.

b, Methods of instruction may include:
1) Classroom instruction
2) Outside class activities
3) Individual/Group discussions
4) Question/Answer sessions. Evidence based interactive
teaching strategies, as identified through the Arizona
School Safety Program.

c Suggested topics may include: conflict resolution, general law
enforcement information (search and seizure, criminal law,
juvenile law and procedures, shoplifting/theft, etc.), driver
education (traffic law, DUI awareness, mock accident
investigations, bicycle safety, etc), family violence,
relationships and interpersonal communications, drug/alcohol

education, justice system/mock trials, citizenship and other LRE
approved programs.

2. Admin/Staff Education:
a. In-service training may include the following:

1) Drug and alcohol awareness (recognizing the signs and
symptoms-in students)

2) Gang awareness and education

3) Student and staff safety issues
4) Violence prevention

3. Other Education:

a. Intervention activities
b. Prevention programs
c Community outreach
4, Development of LRE lessons, educational material, and prevention
programs:
a. The SRO should participate in existing educational and

prevention programs, while attempting to develop or
implement other worthwhile programs as the need arises.

b. The SRO will coordinate their activities with the Principal (or
appropriate faculty members), and will seek permission,
guidance, and/or advice prior to enacting any programs or
presenting any new material within the school.

D. OTHER DUTIES:

1. The SRO shall perform such other duties as mutually agreed upon by
the Principal, or designee, the SRO, and the SRO's immediate
supervisor (when appropriate). These duties shall be performed so
long as the performance of such duties is legitimately and reasonably
related to the SRO program as described in this agreement, District
policy, CPD General Orders and/or within applicable state and federal
laws.

5. INFORMATION SHARING:
A. The Family Education Rights Act of 1974 (FERPA) has established procedures
for the release of student records and information sharing.
B. Rights under FERPA do not apply to records maintained by a school's law

enforcement unit (SRO). However, for a record to be exempt, the law
enforcement unit (SRO) must create it for the purpose of law enforcement.

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1. Other records may not be included (i.e. discipline records, health
records, etc.)

2. Records must be kept separate from student educational records.
3. The records may only be used for law enforcement purposes.

The school may furnish educational records to the SRO under appropriate
circumstances. However, those records, and personally identifiable
information contained therein, do not lose their status as educational
records and remain subject to FERPA, including the disclosure provisions,
while in the possession of law enforcement (SRO).

In accordance with the policies and directives set forth by the Chandler Police
Department, the SRO will convey information relevant to the well-being of
the School, District, students, staff, etc. In turn, to the extent permitted by
FERPA the District or Schoo! will convey relevant information necessary for
the SRO to perform his/her assigned duties.

Some or all the schools where SROs are assigned have security cameras on
the campuses. SROs shall have access to the video from those cameras for
legitimate law enforcement or District purposes.

If the SROs are equipped with and use body-worn cameras (BWCs), the BWCs
shall only be activated when the SRO is involved in law enforcement action,
or when otherwise determined necessary by the SRO. In their use of BWCs,
the SROs shall comply with all Arizona laws and Chandler Police Department
policies. All footage resulting from the SROs use of BWC is the property of
the Chandler Police Department, and shall not be maintained by the District.

SROs have access to the District School Information System, Synergy. SROs
shall access Synergy only as to students at the school to which they are
assigned, and only for purposes related to their role as an SRO.

GRANT MANAGEMENT:

All funds, or grant money, shall be managed and dispersed by the District.

Finance and Budget

1. As supported by the Grant documents, the Mesa School District has
been awarded $140,082.00 to fund the “Safe Schools Program” for the

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2020-2021 school year. The grant monies are budgeted and are to be
expended as follows:

Professional Services: $139,982.00
Supplies: $100.00
2. The District shall pay the City the agreed upon amount listed above on
or before May 1st of each fiscal year that this Agreement is effective.
Cc. Unauthorized Expenses:

1.

The District shall expend funds only for the purpose and uses
specified in the approved plan and/or budget. The District agrees to
reimburse the Arizona Department of Education for any unauthorized
expenditures, which are not in compliance with the approved plan
and/or budget. Funds shall not be used to pay District administrative
costs for services associated with receipt of those funds including, but
not limited to, the cost of: accounting, payroll, data processing,
purchasing, personnel, and building use.

D. Fund Accounting:

1.

As the submitting agency, the District agrees to comply with the
financial and administrative requirements as set forth by the Arizona
Department of Education. Further, the District agrees that it will use
the current version of the Uniform System of Financial Records for
fiscal control and fund accounting procedures, and that it will
maintain appropriate documentation for audit and monitoring
purposes.

Funds distributed to the District shall be handled and accounted for in
accordance with the regular operating procedures established by the
District. Any interest earned on these monies must be returned to the
Arizona Department of Education.

Funds unencumbered or unexpended by end of the fiscal year, shall
be transmitted to the District for reversion no later than September
30th of that year.

In the event that this Agreement is terminated prior to the end of the
fiscal year, all unexpended funds in the possession of the District shall

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be returned to the Arizona Department of Education within thirty (30)
days of such termination.

7. GENERAL PROVISIONS:
A. Indemnification.

1. To the extent permitted by law, each party does hereby covenant and
agree to indemnify, defend, and hold harmless the other party, its
officers, employees, contractors, and agents from and against any and
all suits, actions, legal or administrative proceedings, claims, demands
or damages of any kind or nature relating to this agreement which,
are the result of any act or omission of the party, its officers,
employees, contractors, agents, and anyone acting under its direction
or control, whether intentional or negligent, in connection with or
incident to this agreement.

2. Failure of either party to comply with the terms of this Agreement
shall not provide the basis of any third party action against the District
or the City.

3. For purposes of workers’ compensation, an employee of a party to

this Agreement, who works under the jurisdiction or control of, or
who works within the jurisdictional boundaries of another party
pursuant to this specific intergovernmental agreement, is deemed
to be an employee of both the party who is his or her primary
employer and the party under whose jurisdiction or control or
within whose jurisdictional boundaries he is then working, as
provided in A.R.S. § 23-1022(D). The primary employer party of such
employee shall be solely liable for payment of workers’
compensation benefits for the purposes of this section. Each party
herein shall comply with the provisions of A.R.S. § 23-1022(E) by
posting the public notice required

B. Amendment. This Agreement may be modified in writing at any time by
mutual agreement of the parties hereto.

Cc. Budget. Each party shall establish and maintain its own budget according to
its established rules and policies and shall be responsible for financing its
own activities undertaken pursuant to this Agreement.

D. Non-Discrimination. The parties to this Agreement shall comply with all

applicable provisions of state and federal non-discrimination laws and

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regulations including, but not limited to, State Executive Order No. 2009-09,
which mandates that all persons, regardless of race, religion, sex, age,
national origin or political affiliation shall have equal access to employment
opportunities and all other federal and state employment and educational
opportunity laws, rules and regulations, including the Americans with
Disabilities Act. Neither party shall engage in any form of illegal
discrimination with respect to applications for employment or student status
or employees or students.

Conflict _of Interest. Each party reserves all rights that it may have to cancel
this Agreement for possible conflicts of interest under A.R.S. § 38-511 as
amended.

Force Majeure. If either party is delayed or prevented from the performance
of any act required under this Agreement by reason of acts of God or other
cause beyond the control and without fault of the Party (financial inability
excepted), performance of that act may be excused, but only for the period
of the delay, if the Party provides written notice to the other Party within ten
days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is
received by the other Party.

Notice. Any notice required or permitted under the terms of this Agreement
shall be in writing and may be delivered personally or served by certified
mail, return receipt requested, postage prepaid, addressed as follows:

To The District:
Mesa School District

63 E. Main St. #101
Mesa, AZ 85201-7422
ATTN: Superintendent

To the City:

City of Chandler

Police Department

250 E. Chicago Street
Chandler, Arizona 85225
ATTN: Police Chief

Any notice given by certified mail shall be deemed to have been
received by the other party one day after the date of mailing.

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Governing Law. This Agreement shall be governed by the laws of the State of
Arizona. In event of any litigation or arbitration arising out of this
Agreement, the substantially prevailing party in such litigation or arbitration
shall be entitled to recover its reasonable attorney's fees, expert witness fees
and other costs of litigation.

. Severability. In the event that any provision of this Agreement shall be held

invalid or unenforceable by any court of competent jurisdiction, such holding
shall not affect the validity or enforceability by any court of competent
jurisdiction, such holding shall not affect the validity or enforceability of any
other provision hereof.

Entire Agreement. This Agreement contains the entire understanding
between the parties with respect to the subjects hereof and supersedes all
prior negotiations and agreements. This Agreement may be amended only
by an instrument in writing signed by the parties. The waiver of any breach
of this Agreement shall not be deemed to amend this Agreement and shall
not constitute waiver of any other subsequent breach. Headings are for
convenience and shall not affect interpretation. This Agreement may be
executed in counterparts, and which together constitute a single instrument.

Duration/Termination. The term of this Agreement is for a three (3) year
period commencing on July 1, 2020 and terminating on June 30, 2023.
Funding and staffing Amendments to the original Agreement authorized by
the City may be approved administratively by the Chandler City Manager or
Police Chief (as the designee) if said Amendment does not exceed ten
percent of the original contract or immediately preceding contract year. All
other Amendments by the City shall be approved by the City Council. All
Amendments to this Agreement must be approved by the District's
Governing Board. The District may terminate this Agreement annually if the
District Governing Board determines not to fund the services provided
hereunder, Such determination shall be provided to the City by written
notice no later than ninety (90) days prior to the end of each fiscal year. In
addition, either party may notify the other party of its intent to terminate the
Agreement no later than 90 days prior to the Agreement's termination date.
This Agreement shall also terminate automatically in the event funding is no
longer available for the program described in this Agreement.

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

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8.

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. Failure to
comply shall be deemed a material breach of the agreement that is subject
to penalties up to and including termination of the agreement.

Headings. Headings of this Agreement are for convenience only and shall not
affect the interpretation.

IMMIGRATION LAW COMPLIANCE:

Under the provisions of A.R.S. § 41-4401, each party hereby warrants to the
other that each party and all of its subcontractors (if any) will comply with,
and are contractually obligated to comply with, all Federal Immigration laws
and regulation that relate to their employees and A.R.S. § 23-214 (A)
(hereinafter “Contractor Immigration Warranty’).

A Breach of the Contractor Immigration Warranty shall constitute a
material breach of this Agreement and shall subject the breaching party
to penalties up to and including termination of this Agreement at the sole
discretion of the non-breaching party.

Each party retains the legal right to inspect the papers of any contractor or
subcontractor employee of the other party who works on this Agreement to
ensure that the contractor or subcontractor is complying with the
Contractor Immigration Warranty. Each party agrees to assist the other
party in regard to any such inspections.

Each party may, at its sole discretion, conduct random verification of the
employment records of the other party and any of its subcontractors to
ensure compliance with Contractor's Immigration Warranty. Each party
agrees to assist the other party in regard to any random verification
performed.

A party will not be considered in material breach of this Agreement or the
Contractor Immigration Warranty if the party establishes that it has
complied with the employment verification provision prescribed by sections
274A and 274B of the Federal Immigration and Nationality Act and the E-
Verify requirements prescribed by A.R.S. § 23-214, Subsection A.

The foregoing provisions of subparagraphs A-E of this article must be

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included in any contract that a party enters into with any and all its
subcontractors who provide service under this Agreement or any

subcontract.

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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.

CITY OF CHANDLER:

ATTEST:
MAYOR CITY CLERK
MESA SCHOOL

ATTEST:

Ao | Ade Ae
Dri Foyt, Pupeyaendent

APPROVAL OF THE CHANDLER CITY ATTORNEY

| have reviewed the above-referenced proposed Intergovernmental Agreement
between the City of Chandler, Arizona and the Mesa School District No. 4 and declare this
Agreement to be in proper form and within the power and authority granted to the City of
Chandler under the laws of the State of Arizona.

Dated this day of _, 2021.

Chandler City Attorney Aipe-

APPROVAL OF ATTORNEY FOR MESA SCHOOL DISTRICT

| have reviewed the above referenced proposed Intergovernmental Agreement
between the City of Chandler, Arizona and the Mesa School District No. 4 and declare this
Agreement to be in proper form and within the powers and authority granted to the Mesa
School District under the laws of the State of Arizona.

Dated this 25th day of __ February , 2021.

freon

Attorney for Mesa School District

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