HomeMy WebLinkAboutRES 22-26 RESOLUTION NO. 22-26
A, RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION, ARIZONA TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION
UNIFIED SCHOOL DISTRICT #43 FOR A GRANT-FUNDED SCHOOL
RESOURCE OFFICER.
WHEREAS, the City of Apache Junction ("City") and the
Apache Junction Unified School District #43 ("School") desire to
enter into an intergovernmental agreement ("IGA") allowing City
to assign a police officer as full-time school resource officer
("SRO") ; and
WHEREAS, pursuant to 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
t P1, ,s
APACHE JUNCTION, ARIZONA, THIS 4 DAY OF _ t4 1y , 204P.
RESOLUTION NO. 22-26
PAGE 1 OF 2
SIGNED AND ATTESTED TO THIS 9 DAY OF 20,7.
max.
WALTER "CHIP" WILSON
Mayor
ATTEST:
bErIFER ENA
City Clerk
APPROVED AS TO FORM:
- l0 -n
RICHARD J. STERN
City Attorney
RESOLUTION NO. 22-26
PAGE 2 OF 2
ATTACHMENT A
INTERGOVERNMENTAL I JUNCTION
AND APACHE JUNCTION I IED SCHOOL DISTRICT#43 TO PROVIDE
ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF (" ")
OFFICERFUNDED SCHOOL RESOURCE JUNCTION I L
THIS INTERGOVERNMENTAL ( "Agreement") is made as of
JUNCTION,the day of 20 , ("Effective Date") by and between CITY OF
APAZHE riz —municipal corporation ("City") and APACHE
JUNCTION I f L DISTRICT #43, a political subdivision
Arizona, on behalfof "Apache Junction High School" ("School"). City and School are
sometimes referred r i collectively as the "Parti s," or individually as "
RECITALS
A. School desires City to assign a policeofficer to School to performschool
resource officer ("SRO") to provideices expressed in § 5 of this
Agreement, it is willing to assignpolice officer o School for such r
under the termsconditions this Agreement.
PartiesB. The r on 1 - (1 ) and 11-952 to enter into
this Agreement.
AGREEMENT
THEREFORE, in consideration of the foregoing cit ! al
promises v t forth herein, and for other consideration, the receipt
adequacyich is hereby acknowledged, the Parties agree as follows:
1. Services. City shall assign onepolice officer to School seven ( ) calendar days
prior to the commencement f the school year projected to be starting r about
July 25, 2022 and July 18, 2023 for the first two years this Agreement is in effect
until the end of the correspondingschool years projectedi ,
2022 and May 23, 2024 respectively, orduties cJunction
High School at 2525 SouthIronwood riv , Apache Junction, Arizona.
2. Term and Termination. This Agreementshall commence on the Effectivet
and shall continue until May 31, 2024, however, either Party may terminatei
Agreementfor any reason with thirty ) calendarprior written notice to
the other Party by first class certified ail, postage prepaid, addressed
other Party as set forth in § 11 of thisAgreement.
el isi Parties. City shall have the status f an independent contractor
for purposes of this Agreement. This Agreement is not intended
AJHS SRO IGA -Page I of 1
to and ill 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 PartiesI( only be
thoser ssl set forth in thisAgreement. The Partiesrperson
supplied cho I to accomplishis of this r n is a Cityemployee.
The assigned shall be consideredto ity and shall be
subject o its control and supervision. sin ill be subjectcurrent
procedures in effect for City policeofficers, including t o t all mandated
training n testing maintain c officer ii ( assigned
SRO II fulfil( duties as a law enforcementofficer as certified by the Arizona
Police Officers Standards and Trainingr (" "), School shall not
interfere iassigned duties r law enforcementofficer.
City r s that School is responsible for the safety of students
campus during curriculum hours. If School receives information that the assi
SRO may have n in unprofessional, illegal, or immoral c , School
ill immediately provi such information to City. If Cityreceives information r
any credible source indicating that the asin may have i
unprofessional, illegal, or immoral n uc l t the officer's ability
flyand/or professionally performduties for School, City will immediately
provide such information, as allowedlaw, to School.
If any alleged unprofessional, illegal, or immoral conduct iaffect the
SRO's abilityo safely and/or professionally performi sfr School, City will
immediately remove from of to allow Cityand/or School to
investigate lle tin . City agrees to temporarily assign a replacement
police officer to School in this situation if a replacement i r cannot
provided, cool will be creditedr each day an officer is not assignedo the
campus. School, at its sole discretion, may refuse the ssi n n officer
who has previously removed r School because of allegations
unprofessional, illegal, or immoral c .
School shall reimburse Ci for the costs i for: 1) days
School is in session and the SRO is presentcool; ) when the SRO is not at
Schoolthe due to an off-campus activity at School's request; ) when SRO is
involved in activity stemming tom action taken by the officer while in service
School, including attendance at court; and 4) when the is working
alternative work schedule as agreed upon by CitySchool. City is responsible
r the costs compensation for all other hours of workperformed
4. Costs and Payment.
a. _Cost s for nti ! to c l ours. School agrees to pay City
One Hundredi ven Thousand Nine HundredDollars iNine
Cents ( , ) for Fiscal Year in considerationfor the SRO
services provided by Cityo in SectionI .
b. Overtime. The SRO must seek approval from cool principal, or the
�7n_neipars designee, the appropriatecity police department supervisor
beforering on SRO-related overti (Le., those matterspertaining
School, its students, or its employees), School shall pay one hundredpercent
(1 %) of any SRO overtime worked as the result of SRO-relatedfunctions.
City shall pay one hundred r t (1 %) of any SRO overtimeresult
from City-relatedc iviti s (i.e., those rs that do not involve the SchooI, its
students, or its employees). The SRO and CityII make every reasonable
effort to ensure that the SRO does not incur overtime costs in any given .
c. Payment and Latei from cool is due within thirty
O calendar of the School's receipt l itemized invoice. School
agrees to pay interest ("late s") in the amount of ten percent (1 %) per
annum on anyInc remains unpaid morefifteen
(1 ) calendar s after the due date. Cityt its discretion, waive late
fees n a case-by-case basis.
d. Budget. Each Party ill establish andmaintain u t according to its
established rules and regulations.
. Res si flit!es gnd Goais
a. The SRO shall have the following responsibilities.
i. Establish andmaintain r ssi 1 working relationship wi cl
officials, including but not limited to assistingin repetitive tr ncy matters
that become more timeconsuming r School's administration.
ii. Provide appropriate olic fore ices at School.
M. Work cooperatively wi of administrators and parents to identify
students exhibiting ! r ncy rates.
iv. Investigate ll reported childBuse incidents within c l's
premises.
V. Contact the parent or guardian of studentsv not provided School
with proof of identification in accordance with1 - 828.
vi. Prepare and maintainsuch records of their activities as are required
operational s of the ApacheJunction Police Department.
b. An SRO II use goodf c i v following Is:
I. Work cooperatively with School administrators to establisheffective
administrative review truancy repetitive incidents i objective
of reducing truancy.
(i. Refer juveniles or their parents/guardians to appropriatesocial service
agencies for assistance when a need is determined.
iii. instruct School administrators and facultymembers in: O the
identification of abused or neglected children; ( ) the reporting r
neglect; and O the actions that can be taken to prevent further abuse or
neglect.
iv, Provide educational programs in truancy, abuse, or any other topic
mutually r the Parties in writing.
vi. Take appropriate steps, including enforcement and reporting action,
consistent withpolice officer's t , upon the discoverychild s ,
drug use, or any other crime.
. The SRO, at his or her discretion, r lli additional tasks
to enhance school efficiency:
!. Plan School security improvements.
ii. Prepare law-related educati lessons.
iii. Develop collaborations wi community resources, identifying services
offered that could fit students.
iv. Conduct School safety assessments.
v. Plan in-service training.
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vi. Collaborate withof administration to analyzecriminal incident reports
and disciplinaryrecords s of identifying patterdeveloping
strategies to address problems.
vii. Work withunity- youth recreational n leadership
development ctiviti s that complementreinforce Scool safety
priorities.
viii. Attend trainingopportunities.
. Time and Placeof Performance,
a. City will ensure that theassigned ill provide the services under this
Agreementin a full-time, forty ( ) hour a week capacity when school is i
session of requests during out-of-sessionr ssi
gned
officer will wear uniforms as authorizedby City.
b. The 's activities will be restricted o the assignedcool grounds except
for:
i. Follow-up o visits when needed as a result of School-relatedmatters.
ii. Incentive ro r s approved in writing (for example, by e-mail) between
the police e supervisor n cool's principal, or the principal's
designee.
lii. In response to off campus, but School-related, criminal activity.
iv. Attendance at off-campus v s or meetings at School's request.
v, Attendance at training.
vi. In response o emergency policeactivities.
vii. As directed by any policeet supervisor.
viii.During days that School is not in session, the assignedII perform
his or her regular i u station r iCity.
8. School Responsibilities.
a. School will provide the SRO withice at School and such equipment
office supplies s is necessary for performance of the duties noted in this
Agreement, including sk, chair, telephone, computer and e-
5
it linkages, and filing spacecapable of beingsecured.
b. n termination, aII property or equipment used by the Parties in the
performance their responsibilities r this Agreement shall remain the
property hpurchased r r equipment.
9. Status tin s. By mutual agreement, i from i time
forpurposes of discussingh status andconduct of the workiperformed
under this Agreement and addressingproblems that havecome to the
Parties' attention and their views s to how such problems may be resolved,
including i the termsconditions this Agreement.
10.Entire Ag[gement. his Agreement and any attachments represent it
agreement between the Parties and supersedeit prior negotiations,
representations, r agreements, either express or implied, written or oral. It is
mutually rtood and agreed that no alterationr variation of the terms
conditions of thisAgreement shall be valid i s in writingsigned
Parties hereto. Writtensigned amendments shall automatically become
of the supporting s, and shall supersede inconsistent provision
therein; prvi v r, that any apparentinconsistency II be resolved, i
possible, construing provisions mutually complementary
supplementary. ll amendments to this Agreement mustin writing
approved the city council and school's r .
11,Notices. Except as otherwise required law, any noticerequired r permitted
under this Agreement shall be in writing andshall be givenpersonal delivery, r
by sit in the Unitedtat il, certified r registered, return receipt
requested, postage d, addressed to the Partiestheir respective
addresses h below, or at such other address as a Party may designatei
writing ur u nt to the terms of this section.
City: Apache Junction Police Department
Attn: Chief of Police
300 E. Superstition Blvd. Apache
Junction,Arizona 85119
With copy to: City of ApacheJunction
City Attorney
300 E. Superstitioniv the
Junction,Arizona 85119
School: Apache Junction Unified School District
Attn: School Superintendent
1575 W. Southern Ave.
ApacheJunction,Arizona 85119
With a copy to: Apache Junction Unified School District
Chiefi ni I Officer 1575
SouthernW. v .
ApacheJunction,Arizona 85119
12.Fingipe r rintin roundCheck. it represents warrants that the
SRO is II fingerprinting and bac roun l r nc r AZPOST
requirements is r in the State of Arizona,
13.Le I Worker an!r ts. The Partieswarrant their respective compliance
with all federal immigration laws and regulations relatin to theirr cive
employees and eachrespectively warr nts its respective li nwith
- 1 ( ). Any breachthe warranties under this paragraphill be
deemed a material breach of the Agreementis subject to penaltiesn
including termination of the Agreement.
14.SeverabilL. The Partiesh believe that the execution, delivery n
performance of thisAgreement are in compliancei I! applicable laws.
However, in the unlikelyevent that any provision of this Agreement is declared
void or unenforceable ( r is construed as requiring it to do any act in violation
of any applicable laws, including nsii ( provision, law, regulation, r
city code), such provision shall be deemed severedfrom this r is
Agreementshall otherwise remain in full force and effect; provided that this
Agreementll retroactively be deemed reformed to the extent reasonably
possible in such manner so that the reformed agreement (and any related
agreementstiv s oft ) provide essentiallyrights and
benefits (economic and otherwise) to the Partiesif such severance
reformation r not required. nl s prohibited by applicablelaws, the Parties
further shall perform all acts and execute, acknowledge and/or deliver all
amendments, instruments n nts necessary to accomplish and to give
effect to the purposes of this Agreement, as reformed.
1 v ri . Venue and AttqM0 . The r conditions of this
Agreement shall be governed by and interpreted in accordance withthe laws of
the Stateri cion at law or in equityr i r Party for the
purpose rcin right or rights provided for in this Agreement shall be tried
in a court of competentjurisdiction in Pinal County, Arizona. The Partieshereby
waive all provisions of law providingfor a change of venue in such proceeding to
any other county. In the event
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either Party shall bring suit to enforce any term of this Agreement or to recover
any damages for and on accountthe breach of anyr r condition in this
Agreement, it is mutuallyr that theprevailing in such action shall
recover Il costs including reasonable atr fees to be determinedcourt
in such action.
16. Successors, scion 1 ion. The obligationsrights created in
this Agreement are bindingshall inure to the benefit of the Parties and
theit successors, assigns and legal representatives. i t Party may assign,
sublet r delegate the duties hereunder, without the prior written approval of the
other Party. Such successor or assignee shall assume, in writing, all duties
obligations run r of the prior party andshall further agree to be boundn
to fully perform the terms this Agreement.
W.Cancellation for Conflict_2f Interest. i n School acknowledge that this
Kgreement is subject c II io either Party pursuantprovisions
- 11.
1 ._ pprpri i ch Party recognizes that the performance by either Party
under this Agreement may be dependentro ri i of funds to or by
that Party. Shouldeither Party fall to appropriatec funds, that Party
may terminate is Agreement as stated herein without further duty or obligation.
Each Party agrees to give notice to the other Party as soon as reasonably posi I
after the unavailability of funds comes to t attention.
19. Indemnification and Insurance.
a. To the extent permittedlaw, each Party (I itr) covenants and
agrees to fully indemnify, defend andof r I ss the other Party
(In a nit ), its elected andin officers, ly e , 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 trney and expert witness fees, which, r result of any act or
omission the Indemnifying Party, its officers, employees, contractees,
ants, and anyone acting under its direction or control, whether reckless,
intentional r negligent, in connectionwith or incident to thisAgreement. I
any action r claim II be broughtr asserted against either Party or its
directors, officers, r employees for which indemnity
sought from either Party, the Parties shall promptly notify one another in writing.
The noticed Party shall, within ten (1 ) working days of receiving such notice,
assume the defense thereof, and the payment of all expenses, including
attorney fees Il court costs which shall be paids incurred.
b. Each Party warrants that it is properlyu t ly insured forte activities
and performances rovi a r this r agrees to maintain
such insurance for the durationAgreement. It is understood and ag
that either Party may electself-insure r obtain insurance ropooling
agreement withother governmental entities is n r all of the risk
related o this Agreement.
c. This section shall survive the expiration or early termination of this
Agreement.
20.Workers' Compensation. An employee of either Party shall be deemed to be an
"employee" of both public agencies whileperforming ursu t to thisAgreement
solely for purposes - rizon Workers' Compensation
laws. The primaryemployer shall be solelyliable for any workers' compensation
benefits, which may accrue. c II post a noticepursuant o the
provisions -1 ( ) in substantially the foll i form:
"All employees are herebyr notified that they may be required
to work under the jurisdiction r control of or within the jurisdictional
boundaries of another public agency pursuant
intergovernmental agreement or contract, and under such
circumstances they areh laws of Arizona
employees public agencies for the purposes of workers'
compensation."
1.Family Education Bothis will ensure
that the dissemination and disposition of educational records o li II times
with the Familyi n l Rights and Privacyt of 1974 and any subsequent
amendments thereto.
.Time is of the Essence. Time is of the essencei respect o all provisions in this
Agreement. Any delayin performanceeither Party shall constitute ri I
breachthis Agreement.
23.Prohibition r t with Entitiesin y o t t o Israel.
hParties acknowledge - through - n ,
which forbids li entities from contractingi iti engage in boycotts o
the State of Israel. Should either Party engage in any such boycott against the
State of Israel, this Agreement shall be deemed automatically terminated
operation of law. Any such c is a material breach of contract.
IN WITNESS , the Parties have executedi re n of the date first
set forth above.
�jCHOOL:
APACHE J I UNIFIED
ry
r
I nn ll
Its: District Boardr si n
ATTEST:
[rk I Llt� !Vt
Board Secretary
CITY:
JUNCTION,CITY OF APACHE
®re m�•mgm�d;
Arizona municipal corporation
y: Walter"Chip" ils n Its:
Mayor
ATTEST:
Jennifer Pena City
Clerk
1
STATE OF ARIZONA
s.
COUNTY OFII�It�
}
-T- he foregoing was subscribed n sworn to before me this day of
IOU
20by Chelsea Connolly, Board President of the Apache
Junctio Unified School District#43.
..asp, EDNAD FF
Notary Public d NotaryPublic-Arizona
i• Maricopa County
Commission 0 556612
INy CommissionExpires: "" j My Comm.Expires Dec 20,2022
A
,f � ; ,.
STATE OF I )
)ss.
COUNTYI }
The foregoing subscribed n sworn to before me this of
Walter "Chip" Wilson, Mayor of CityJunction,
Arizona, Arizona municipal corporation, acknowledged i n the
foregoing instrument on behalfit .
Notary Public
My Commission Expires,
COUNSEL APPROVAL AS TO FORM,
have read thisAgreement and have determinedc r is in proper
form and is enteredinto it in the powers of and authoritygranted r the laws
f the Statef Arizona.
�.�!
iri , Rodney States�
have read this r t and have determinedis in r
form and is enteredinto withinthe powersf and authorityt r the laws
of the State of Arizona.
—0
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City Ai Stern _Da-te
1