HomeMy WebLinkAboutRES 20-06RESOLUTION NO.20-06
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
O F APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY O F
APACHE JUNCTION,ARIZONA T O ENTER INTO A N
INTERGOVERNMENTAL AGREEMENT WITH AMERICAN CHARTER
SCHOOLS FOUNDATION DBA APACHE TRAIL HIGH SCHOOL FOR A
GRANT -FUNDED SCHOOL RESOURCE OFFICER.
WHEREAS,the City o f Apache Junction ("City")and the
American Charter Schools Foundation dba Apache Trail High School
("School")desire t o enter into a n intergovernmental agreement
("IGA")allowing City to assign a police officer as a full-time
school resource officer ("SRO"); and
WHEREAS,pursuant t o A.R.S.§ §11-952(A),15-362(13)and
15-364,cities and schools may enter into intergovernmental
agreements with each other for joint or cooperative activities;
and
WHEREAS,School will pay the officer's salary,medical and
dental insurance,retirement,and social security; and
WHEREAS,the parties have crafted the attached IGA which
formalizes the arrangement.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1)The mayor and city council hereby approve the attached form
of the IGA between City and School and the mayor is hereby
authorized to sign the agreement.
2)The city manager or his designee is authorized and directed
to take all steps necessary to carry out the purpose and
intent of this resolution and to fulfill all the duties
required under the IGA.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS /9 DAY OF iy)/;(4.ch ,2020.
SIGNED AND ATTESTED TO THIS / /DAY OF MO/)CA ,2020 .
RESOLUTION NO. 20-06
PAGE 1 OF 2
JEFF SERD
Mayor
ATTEST:
APPROVED AS TO FORM:
4d:? 3 •i•ao
RICHARD J.STERN
City Attorney
RESOLUTION NO.20-06
PAGE 2 OF 2
ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION
AND AMERICAN CHARTER SCHOOLS FOUNDATION TO PROVIDE A GRANT
FUNDED SCHOOL RESOURCE OFFICER AT APACHE TRAIL HIGH SCHOOL
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made as
of the day of 20 _, ("Effective Date") by and between CITY OF
APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and
AMERICAN CHARTER SCHOOLS FOUNDATION dba "Apache Trail High School",
an Arizona Charter School ("School"). City and School are sometimes referred to
herein collectively as the "Parties," or individually as a "Party."
RECITALS
A. School desires City to assign a police officer to School to perform as a
school resource officer ("SRO"),and to assist in the development and
implementation of a school safety program and a law -related education program
(referred to collectively as the "School Safety Program"), and City is willing to
assign a police officer to School for such purposes under the terms and conditions
of this Agreement.
B. The Parties are authorized by A.R.S. §§ 15-342(13) and 11-952 to enter
into this Agreement.
AGREEMENT
NOW,THEREFORE,in consideration of the foregoing Recitals and the
mutual promises and covenants set forth herein, and for other consideration, the
receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows:
1.Services.City shall assign one police officer to School seven (7) days
prior to the commencement of the school year until the end of that school year to
perform SRO duties at Apache Trail High School located at 945 West Apache Trail,
Apache Junction, Arizona, 85120.
2.Term and Termination.This Agreement shall commence on the effective
date and shall continue until May 31, 2023. However, either Party may terminate
this Agreement for any reason upon thirty (30) calendar days' written notice to
the other Party by first class certified mail, postage prepaid, addressed to the
other Party as set forth in this Agreement.
3.Relationship of Parties.City shall have the status of an independent
contractor for purposes of this Agreement. 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
the Parties,and the rights and obligations of the Parties shall only be those
expressly set forth in this Agreement.The Parties agree that no person supplied
by School to accomplish the goals of this Agreement is a City employee.
The assigned SRO shall be considered an employee of City and shall be subject
to its control and supervision.The assigned SRO will be subject to current
procedures in effect for City police officers, including attendance at all mandated
training and testing to maintain state peace officer certification.The assigned
SRO shall fulfill duties as a law enforcement officer as certified by the Arizona
Police Officers Standards and Training board ("AZ POST").School shall not
interfere with the assigned SRO duties as a sworn law enforcement officer.
City understands that School is responsible for the safety of students on campus
during curriculum hours.If School receives information that the assigned SRO
may have engaged in unprofessional, illegal,or immoral conduct, School will
immediately provide such information to City.If City receives information from
any credible source indicating that the assigned SRO may have engaged in
unprofessional, illegal, or immoral conduct that would affect the officer's ability to
safely and/or professionally perform duties for School,City will immediately
provide such information, as allowed by law, to School.
If any alleged unprofessional, illegal, or immoral conduct might affect the SRO's
ability to safely and/or professionally perform duties for School,City will
immediately remove the SRO from School to allow City and/or School to
investigate the allegations. City agrees to temporarily assign a replacement police
officer to School in this situation and if a replacement officer cannot be provided,
School will be credited for each day an officer is not assigned to the campus.
School, at its sole discretion, may refuse the assignment of any officer who has
previously been removed from School because of allegations of unprofessional,
illegal, or immoral conduct.
City shall be responsible for the SRO's compensation: 1) on days School is in
session and when the SRO is not at the School due to an off -campus activity at
School's request; 2) when SRO is involved in activity stemming from action taken
by the officer while in service of School, including attendance at court; and 3)
when the SRO is working an alternative work schedule as agreed upon by City and
School.
4.Costs and Payment.
A.School agrees to pay City Thirty Two Thousand Six Hundred Seventy
Four dollars and no cents ($32,674.00) for fiscal year 2019 - 2020 and One
Hundred Seventeen Thousand Seven Hundred Fifty Seven dollars and no cents
($117,757.00)for fiscal year 2020 -2021 in consideration for the services
provided by City as set forth in Exhibit A.
B.The SRO must seek approval from the principal,or the principal's
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designee,and the appropriate city police department supervisor before
working on SRO -related overtime (i.e.,those matters pertaining to the School,
its students, or its employees).School shall pay one hundred percent (100%)
of any SRO overtime worked as the result of SRO -related functions. City shall
pay one hundred percent (100%) of any SRO overtime that result from City -related
activities (i.e.,those matters that do not involve the School,its students,or
its employees). The SRO and City shall make every reasonable effort to ensure
that the SRO does not incur overtime costs in any given week.
C.Payment to City from School is due within thirty (30) calendar days of
the School's receipt of a monthly itemized invoice.School agrees to pay
interest ("late fees") in the amount of ten percent (10%) per annum on any balance
that remains unpaid more than fifteen (15) calendar days after the due date.
D.Each Party will establish and maintain a budget according to its
established rules and regulations.
5.School Resource Officer's (SRO's) Responsibilities and Goals.
A.An SRO shall have the following responsibilities:
i.Establish and maintain a professional working relationship with
School officials.
ii. Provide appropriate police and enforcement services at School.
iii. Work cooperatively with School administrators and parents to
identify students exhibiting high truancy rates.
iv.Attempt to locate and return to School all students who are
identified as absent from School without an acceptable excuse.
v. Contact a parent or guardian of each truant student to advise him
or her of the incident and determine the parent's or guardian's
awareness of the situation.
vi. Investigate all reported child abuse incidents within the School's
premises.
vii. Contact the parent or guardian of students who have not provided
School with proof of identification in accordance with A.R.S. § 15-828.
viii.Prepare and maintain such records of their activities as are
required by the operational needs of the Apache Junction Police
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Department.
B.An SRO shall use good faith efforts to achieve the following goals:
i.Work cooperatively with School administrators to establish an
effective administrative review of truancy and abuse incidents with
the objective of reducing truancy and abuse rates.
ii.Contact at least ninety-five percent (95%)of reported truant
students and one hundred percent (100%)of reported abused
students who abuse the truancy rules during each month that this
Agreement is in effect.
iii. Refer juveniles or their families, or both, to appropriate social
service agencies for assistance when a need is determined.
iv.Instruct School administrators and faculty members in:(a) the
identification of abused or neglected children; (b) the reporting of
abuse or neglect; and (c) the actions that can be taken to prevent
further abuse or neglect.
v. Provide counseling and educational programs in truancy, abuse, or
any other topic mutually agreed upon by the Parties in writing.
vi.Take appropriate steps,including enforcement and reporting
action, consistent with a police officer's duty, upon the discovery of
child abuse, drug use, or any other crime.
6.School Safety Program; Duties and Responsibilities.
A. The Parties agree to participate in the School Safety Program as
established by A.R.S. § 15-154 and as described more fully in the School Safety
Program Guidance Manual, a copy of which is on file with City police chief and
School principal.
B. Each Party agrees to assume the roles and responsibilities assigned
to it as per the School Safety Program Guidance Manual.
C. The assigned SRO shall have the additional following general duties:
i.Establish liaison with School administrators, staff, students and
parents.
ii. Inform students of their rights and responsibilities as lawful citizens
through presentation of law -related education in the classroom.
Each officer shall complete one hundred eighty (180)hours of
4
classroom law -related education instruction per year as outlined in
the above -referenced guidance manual.
iii. Network with community agencies that may or do provide services
to School.
iv. Act as a resource in the investigation of School -related criminal
activities.
v. Participate in the Parent-Teacher Association as requested.
vi.Participate in campus activities,student organizations,and
athletic events when feasible and appropriate.
vii. Provide a visible deterrence to crime while presenting a positive
impression of a law enforcement officer.
viii. Provide information when requested to students, parents, and
staff in law -related situations.
ix. Attend annual training provided by the Arizona Department of
Education ("ADE") with all related travel expenses to be paid by
School.
x.Maintain an activity log that tracks law -related education
classroom instruction, law enforcement activity and any situations
that takes the officer off School's campus.
xi. Collaborate with School personnel on safety strategies and
participate as a member of the School Safety Assessment and
Prevention Team.
D.The SRO,at his or her discretion,may perform the following
additional tasks to enhance school efficiency:
i. Plan School security improvements.
ii. Prepare law -related education lessons.
iii.Develop collaborations with community resources,identifying
services offered that could benefit students.
iv. Conduct School safety assessments.
v. Work with the School safety team to review and update the School
safety plan, and conduct School -wide exercises to test the plan.
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vi. Plan in-service training.
vii.Collaborate with School administration to analyze criminal
incident reports and disciplinary records as a means of identifying
patterns and developing strategies to address problems.
viii.Work with community -based and youth recreational and
leadership development activities that complement and reinforce the
School Safety Program.
ix. Attend training opportunities.
7.Time and Place of Performance.
A. City will ensure that the assigned SRO will serve a ten (10) month, full-
time, forty (40) hour a week assignment as specified by School's grant application.
The assigned officer will wear uniforms as authorized by City.
B. The SRO's activities will be restricted to the assigned School grounds
except for:
i. Follow-up home visits when needed as a result of School -related
problems.
ii. Incentive programs approved in writing (for example, by e-mail)
between the police department supervisor and School's principal, or
the principal's designee.
iii. In response to off campus, but School -related, criminal activity.
iv. Attendance at off -campus events or meetings at School's request.
v. Attendance at training.
vi.In response to emergency police activities.
vii. As directed by any police department supervisor.
viii. During days that School is not in session, the assigned SRO shall
perform his or her regular duties at a duty station as determined by
City.
8.School Responsibilities.
A.School will provide the SRO with an office at School and such
6
equipment and office supplies as is necessary for performance of the duties noted
in this Agreement,including a desk,chair,telephone,computer and e-mail
linkages, and filing space capable of being secured.
B. 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.
9.Status Meetings.By mutual agreement, the Parties may meet from time
to time for purposes of discussing the status and conduct of the work being
performed under this Agreement, and addressing any problems that have come
to the Parties' attention and their views as to how such problems may be resolved,
including amending the terms and conditions of this Agreement. All amendments
to this Agreement must be in writing and approved by City.
10.Entire Agreement.This Agreement and any attachments represent the
entire agreement between the Parties and supersede all prior negotiations,
representations or agreements, either express or implied, written or oral.It is
mutually understood and agreed that no alteration or variation of the terms and
conditions of this Agreement shall be valid unless made in writing and signed by
the Parties hereto.Written and signed amendments shall automatically become
part of the supporting documents, and shall supersede any inconsistent provision
therein; provided, however, that any apparent inconsistency shall be resolved, if
possible,by construing the provisions as mutually complementary and
supplementary
11.Notices.Except as otherwise required by law, any notice required or
permitted under this Agreement shall be in writing and shall be given by personal
delivery, or by deposit in the United States mail, certified or registered, return
receipt requested, postage prepaid, addressed to the Parties at their respective
addresses set forth below, or at such other address as a Party may designate in
writing pursuant to the terms of this section:
City:
With a copy to:
Apache Junction Police Department
Attn: Chief of Police
300 E. Superstition Blvd.
Apache Junction, Arizona 85119
City of Apache Junction
Attn:City Attorney
300 E. Superstition Blvd.
Apache Junction, Arizona 85119
7
School:American Charter Schools Foundation
Attn: Chief Financial Officer
7500 N. Dreamy Draw Dr., Suite 220
Phoenix, Arizona 85020
12.Fingerprinting and Background Check.City represents and warrants
that the SRO meets all fingerprinting and background check clearances as per
AZPOST requirements to serves as a peace officer in the State of Arizona.
13.Legal Worker Requirements.The Parties warrant their respective
compliance with all federal immigration laws and regulations relating to their
respective employees and each Party respectively warrants its respective
compliance with A.R.S.§23-214(A).Any breach of the warranties under this
paragraph will be deemed a material breach of the Agreement and is subject to
penalties up to and including termination of the Agreement.
14.Severability.City and School each believe that the execution, delivery
and performance of this Agreement are in compliance with all applicable laws.
However, in the unlikely event that any provision of this Agreement is declared
void or unenforceable (or is construed as requiring City to do any act in violation
of any applicable laws, including any constitutional provision, law, regulation, or
city code), such provision shall be deemed severed from this Agreement and this
Agreement shall otherwise remain in full force and effect;provided that this
Agreement shall retroactively be deemed reformed to the extent reasonably
possible in such a manner so that the reformed agreement (and any related
agreements effective as of the same date) provide essentially the same rights and
benefits (economic and otherwise)to the Parties as if such severance and
reformation were not required.Unless prohibited by applicable laws, the Parties
further shall perform all acts and execute,acknowledge and/or deliver all
amendments, instruments and consents necessary to accomplish and to give
effect to the purposes of this Agreement, as reformed.
15.Governing Law, Venue and Attorney Fees.The terms and conditions of
this Agreement shall be governed by and interpreted in accordance with the laws
of the State of Arizona.Any action at law or in equity brought by either Party for
the purpose of enforcing a right or rights provided for in this Agreement shall be
tried in a court of competent jurisdiction in Pinal County, Arizona.The Parties
hereby waive all provisions of law providing for a change of venue in such
proceeding to any other county.In the event either Party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on account
of the breach of any term or condition in this Agreement, it is mutually agreed that
the prevailing party in such action shall recover all costs including reasonable
attorney fees to be determined by the court in such action.
16.Successors,Assignment &Delegation.The obligations and rights
8
created in this Agreement are binding upon and shall inure to the benefit of the
parties and their successors, assigns and legal representatives.Neither Party
may assign, sublet or delegate the duties hereunder, without the prior written
approval of the other Party. Such successor or assignee shall assume, in writing,
all duties and obligations hereunder of the prior party and shall further agree to
be bound by and to fully perform the terms of this Agreement.
17.Resolution of Disputes.In the event a dispute for any reason arises and
pursuant to A.R.S. § 15-154(F), the Parties shall meet and discuss within three
(3) business days.Any dispute not resolved by mutual agreement of the Parties
shall be decided in accordance with the applicable Arizona laws.
18.Cancellation.City and School acknowledge that this Agreement is
subject to cancellation by either Party pursuant to the provisions of A.R.S. § 38-
511.
19.Nonappropriation.Each Party recognizes that the performance by
either Party under this Agreement may be dependent upon the appropriation of
funds to or by that Party.Should either Party fail to appropriate the necessary
funds, that Party may terminate this Agreement as stated herein without further
duty or obligation.Each Party agrees to give notice to the other Party as soon
as reasonably possible after the unavailability of funds comes to the Party's
attention.
20.Indemnification and Insurance.To the extent permitted by law, each
Party covenants and agrees to fully indemnify, defend and hold harmless the
other Party, its elected and appointed officers, employees, 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, including
attorney and expert witness fees, which, are the result of any act or omission of
the Party, its officers, employees, contractees, agents, and anyone acting under
its direction or control, whether reckless, intentional or negligent, in connection
with or incident to this Agreement.If any action or claim shall be brought or
asserted against either Party or its directors,officers,agents,servants or
employees for which indemnity may be sought from either Party, the Parties shall
promptly notify one another in writing.The noticed Party shall, within ten (10)
working days of receiving such notice, assume the defense thereof, and the
payment of all expenses, including any attorney fees and all court costs which
shall be paid as incurred.It is understood and agreed that both Parties may elect
to self -insure or obtain insurance through their pooling agreement with other
governmental entities against any or all of the risks related to this Agreement.
This section shall survive the expiration or early termination of this Agreement.
21.Workers' 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'
9
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 in substantially the following
form:
"All employees are hereby further notified that they may be
required to work under the jurisdiction or control or within the
jurisdictional boundaries of another public agency pursuant to an
intergovernmental agreement or contract,and under such
circumstances they are deemed by the laws of Arizona to be
employees of both public agencies for the purposes of worker's
compensation."
22.Family Education Rights and Privacy Act 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.
23.Time is of the Essence.Time is of the essence with respect to all
provisions in this Agreement.Any delay in performance by either Party shall
constitute a material breach of this Agreement.
24.Prohibition to Contract with Entities Who Engage in Boycott of the State
of Israel.The Parties acknowledge A.R.S.§§ 35-393 through 35-393.03,as
amended, which forbids public entities from contracting with entities who engage
in boycotts of the State of Israel.Should School under this Agreement engage in
any such boycott against the State of Israel, this Agreement shall be deemed
automatically terminated by operation of law.Any such boycott is a material
breach of contract.
25.Conflict of Interest.This Agreement is subject to,and may be
terminated by City in accordance with, the provisions of A.R.S. § 38-511.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first set forth above.
SCHOOL:
AMERICAN CHARTER SCHOOLS FOUNDATION
dba APACHE TRAIL HIGH SCHOOL, an Arizona
charter school
By: Patrick Lawrence
Its: Chief Financial Officer
10
CITY:
ATTEST:
Jennifer Pena, City Clerk
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By:Jeff Serdy
Its:Mayor
11
STATE OF ARIZONA
COUNTY OF
)
) ss.
)
The foregoing was subscribed and sworn to before me this day of
,20 ,by Patrick Lawrence,Chief Financial Officer,of
American Charter Schools Foundation dba "Apache Trail High School",an
Arizona charter school.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day of
, 20 _, by Jeff Serdy, Mayor of City of Apache Junction, Arizona,
an Arizona municipal corporation,who acknowledged that he signed the
foregoing instrument on behalf of City.
My Commission Expires:
Notary Public
12
COUNSEL APPROVAL AS TO FORM:
I have read this Agreement and have determined such Agreement is in proper
form and is entered into within the powers of and authority granted under the laws
of the State of Arizona.
, Attorney Date
I have read this Agreement and have determined such Agreement is in proper
form and is entered into within the powers of and authority granted under the laws
of the State of Arizona.
Richard J. Stern, City Attorney Date
13
EXHIBIT A
14
City of Apache Junction Police Department
Fiscal Management Bureau
School Resource Officer (SRO) Rates -
FY2019-20
The school districts are responsible for 100% of the cost of the officer.
100% of the officer's cost is $32,674.
TOTAL SALARIES CALCULATIONS
Category:
Mo. Salary
Police Officer
# of Mths TOTAL
Salaries -Police
Total Salaries
Fringe Costs:
$28.60 3.5 18,303
18,303
Industrial Insurance 5.91%$1,082
Retirement System 61.34%$11,227
Social Security 1.45%$265
Health, Dental, Life, LTD,9.82%$1,797
Cancer, Unemployment
Insurance
Total Fringes $14,371
Total Personal Services -$32,674
Prorated Hourly Rate- Officer 51.05
Total Cost per School Resource Officer
tairelitikfo)iiicre-rriiiggs40416b3 -ger-rient.,_
Hours will be credited at the rate below which is derived by dividing $32,674
by 640 hours
SRO $51.05
Overtime will be charged at the overtime rate below for FY2019-2020
SRO $76.58
City of Apache Junction Police Department
Fiscal Management Bureau
School Resource Officer (SRO) Rates
FY2020-2021
The school districts are responsible for 100% of the cost of the officer.
100% of the officer's cost is $117,757
TOTAL SALARIES CALCULATIONS
Category:
Mo. Salary
Police Officer
4 of Mths TOTAL
Salaries -Police
Total Salaries
Fringe Costs:
$29.3130 12 $60,971
$60,971
Industrial Insurance
Retirement System
Social Security
Health, Dental, Life, LTD,
Cancer, Unemployment
Insurance
Total Fringes
5.91%
65.19%
1.45%
20.59%
$3,603
$39,745
$884
$12,554
$56,786
Total Personal Services $117,757
Prorated Hourly Rate - Officer $56.61
Annual
Total Cost per School Resource Officer 117,757
Hours will be credited at the rate below which is derived by dividing $117,757
by 2,080 hours
SRO $56.61
Overtime will be charged at the overtime rate below for FY2020-2021
SRO $84.92