HomeMy WebLinkAboutResolution 2021-123 Approving and Authorizing the Mayor to execute a Service Agreement with the Marana Unified School District to provide two School Resources OfficersMARANA RESOLUTION NO. 2021-123
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING
THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH THE MARANA
UNIFIED SCHOOL DISTRICT TO PROVIDE TWO SCHOOL RESOURCE OFFICERS IN
SUPPORT OF THE DISTRICT'S SCHOOL SAFETY PROGRAM AND TERMINATING
THE SERVICE AGREEMENT APPROVED BY RESOLUTION NO. 2020-049
WHEREAS the Marana Unified School District ("District") and the Town may
contract for services and enter into agreements with one another for joint or cooperative
action pursuant to A.R.S. § 11-952; and
WHEREAS the District and the Town desire to work in cooperation with one
another to further the goals of the District's School Safety Program; and
WHEREAS in the 2020 grant cycle, the District applied for and received funding
from the Arizona Department of Education (ADE) to fund one school resource officer
(SRO) position for three years; and
WHEREAS on May 19, 2020, the Town Council adopted Resolution No. 2020-049
approving and authorizing the Mayor to execute a service agreement with the District
ending June 30, 2023, for the purpose of providing two school resource officers to the
District (the "2020 Service Agreement"), with one SRO funded by ADE grant funding,
and the other SRO funded equally by the Town and the District; and
WHEREAS in 2021, the District's grant was reopened and ADE granted additional
funding to the District to fund the previously unfunded SRO position for the remainder
of the original three-year grant period; and
WHEREAS the District and the Town desire to enter into a new service agreement
that incorporates the new terms of the grant and terminates the 2020 Service Agreement,
and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best
interests of the public to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The service agreement between the Town of Marana and the Marana
Unified School District, attached to and incorporated by this reference in this resolution
as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and
on behalf of the Town of Marana.
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Resolution No. 2021-123 - 1 -
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7th day of September, 2021.
�f
Mayor Ed Honea
ATT/E5T';, APPRO D AS TO FORM:
Cherry L. LaXsoh, town Clerk Jane" irall, Town Attorney
r;
MARANA AZ
ESTABLISHED 1977
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Resolution No. 2021-123 - 2 -
Exhibit A to Marana Resolution No. 2021-123
SERVICE AGREEMENT
by and between
MARANA UNIFIED SCHOOL DISTRICT NO.6
and
THE TOWN OF MARANA
This Service Agreement ("Agreement") is entered into by and between Marana Unified
School District No. 6 (hereinafter known as "District") and Town of Marana (hereinafter known
as "Town");
WHEREAS, the District and the Town may contract for services and enter into agreements
with one another for joint or cooperative action pursuant to A.R.S. § 11-952; and
WHEREAS, the District is the recipient of a three-year grant from the Arizona Department
of Education to provide one School Resource Officer ("SRO") at Marana Middle School and one
SRO at Marana High School; and
WHEREAS, the District and the Town desire to work in cooperation with one another to
further the goals of the District's School Safety Program by providing SROs at Marana Middle
School and Marana High School.
NOW THEREFORE, in consideration of the mutual agreements set forth, the parties
agree as follows:
1. Purpose
The purpose of this Agreement is to establish the terms and conditions under which the
Town will furnish administrative and other resources, and will provide one SRO at Marana Middle
School and one SRO at Marana High School in support of the District's School Safety Program.
In the provision of services under this Agreement, both parties agree to comply with the provisions
described in the School Safety Program Guidance Manual updated July 31, 2017 ("Guidelines")
prepared by the Arizona Department of Education to the maximum extent practicable or required.
The objectives of this Agreement are to instill feelings of safety in students and staff in the school
environment, to provide a specific adult to address individual student safety concerns, to engender
a positive view of law enforcement personnel, and to provide students with Law -Related Education
("LRE").
2. Term
This Agreement shall commence and be effective on July 1, 2021, and shall terminate on
June 30, 2023 (the "Term"), unless terminated by either party as provided for in this Agreement.
Payment, performance and obligations for any fiscal period are subject to the availability and
appropriation of monies. The parties agree that the 2020 Service Agreement approved by Marana
Town Council Resolution No. 2020-049 is terminated upon signature by all parties to this Service
Agreement.
00076755.DOCX/I SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA
1
Exhibit A to Marana Resolution No. 2021-123
3. Administrative and School Safety Services
A. Duties and Obli;ga#ions of District
1. The District shall provide a teacher to be present in the classroom, at all
times, while the SROs implement LRE classroom instruction. The teacher and the SROs
shall co -present.
2. The District shall provide a School Administrator who must complete a
SRO performance assessment twice a year. The assessment must be shared with the SROs'
supervisors.
3. The School Administrators, not the SROs, are responsible for school
discipline. The School Administrators shall not interfere with the duties of the SROs as
sworn law enforcement officers.
4. The District shall facilitate collaboration between the SROs and other
school personnel on school -wide safety strategies such as staff trainings, emergency
response planning, needs assessment and prevention programming.
5. The District shall provide time at regular staff meetings and trainings for
the SROs to deliver LRE instruction relevant to school -wide prevention and safety related
updates.
6. The District shall promote the integration of LRE into the classrooms and
direct staff development of teachers and SROs involved in the delivery of LRE.
7. The District shall participate in the selection process of the SROs.
8. The District shall provide office space that provides privacy for the SROs.
The office shall include the equipment necessary for the SROs to effectively perform their
duties; i.e., telephone, desk, chair, filing cabinet and up-to-date computer and printer.
B. Duties and Oblations of Town
1. The Town shall provide two SROs, who will be present and accessible on
the school campus to which they are assigned. One SRO shall be assigned to Marana High
School and one to Marana Middle School. Except as otherwise required by A.R.S. §23-
1022 for Workers' Compensation purposes only (see Paragraph 17 below), the SROs shall
at all times be employees of the Town and not the District.
2. The SROs shall be present for a ten-month, full-time position, at 40 hours
per week. The ten-month period shall be defined as the District's school year for each of
the school years occurring during the term of this Agreement. Absent an emergency, the
SROs shall not be called away from their designated schools. If the SROs are called away
00076755.DOCX/ISERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA
Exhibit A to Marana Resolution No. 2021-123
for police business (not including mandatory training, meetings or crisis), the District shall
not be invoiced for that time. If the SROs are absent due to sick, vacation, personal or
other leave, the District shall not be invoiced for that time.
3. The SROs must teach, have positive interactions with students, and serve as
active members of the school community.
4. The SROs must provide 180 hours of LRE instruction per year. The LRE
instruction requirement must include:
• At least 80 hours of LRE classroom instruction to ongoing cohort groups of
students
i. Three to five classrooms, six sessions per classroom, within
one quarter to the same group of students
• At least 100 hours of universal LRE instruction
i. 60 hours or more of universal LRE classroom instruction
ii. Up to 20 hours for LRE planning and preparation
iii. Up to 20 hours for LRE instruction to school staff and school
community
5. The SROs shall keep a weekly activity log that tracks LRE instruction
hours, teacher and subject or staff/community group, the topic of each LRE lesson, and the
time the officer is off campus during duty hours, regardless of the reason.
6. The Town shall use its best efforts to maintain the same SROs at each site
during the Term of this Agreement. Under no circumstances can either site have more than
three different SROs during the Term.
7. It may be necessary to request the assistance of an SRO to respond to a
community situation/problem or traffic accident. When the SRO is off campus on business
that does not pertain to the school, those hours should be prorated and not paid for by the
District. The invoice from the Town should reflect only hours the SRO actually was
involved in school business.
8. The SROs shall serve as members of the School Safety Assessment and
Prevention Team.
9. The SROs shall utilize expertise and agency resources for intervention and
prevention of potential crime.
10. The SROs shall collaborate with school personnel on school -wide safety
strategies (e.g., staff trainings, emergency response planning, needs assessment and
prevention programming).
11. The SROs shall build relationships with students, parents and staff that
promote a positive image of law enforcement.
00076755.DOCXIISERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA
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Exhibit A to Marana Resolution No. 2021-123
12. The SROs shall fulfill their duties as sworn law enforcement officers of the
State of Arizona.
13. If required, the SROs and their supervisors shall attend annual training
provided by the Arizona Department of Education at the beginning of each school year.
C. Joint Duties and Obh anon
1. The SROs' supervisors and School Administrator shall support, oversee and
review the SROs' activity logs to ensure fulfillment of this Agreement.
2. The SROs' supervisors and School Administrator shall meet formally at
least once per semester.
3. The School Administrator shall take the lead on school policy violations
and will determine when to involve the SROs when a student's conduct violates a law.
4. As partners in school safety, the SROs and administrators shall work
together to develop procedures for ongoing communication to ensure timely, uniform and
appropriate reporting of criminal activities. The parties shall develop and maintain a
written document describing the general chain of command and channels of
communication
5. The parties shall follow the following guidelines as set forth in the School
Safety Program Guidelines to the maximum extent practicable:
a. SRO Recommended Qualifications and Recommended Job
Description
b. The Hiring Process
C. Officer Training
d. The Appeal Procedure
e. Performance Evaluation
D. Compensation. In exchange for the Town's provision of the SROs and related
services, District will pay to the Town during each ten-month school year during the Term of this
Agreement the following amounts:
1. The full cost of the SRO's monthly compensation for the SRO assigned to
Marana Middle School.
2. The full cost of the SRO's monthly compensation for the SRO assigned to
Marana High School.
The SROs' compensation shall be established by the Town. The Town shall submit invoices to
District on a monthly basis and the invoices shall be payable within 30 days after receipt of the
00076755.DOCX/1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA
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Exhibit A to Marana Resolution No. 2021-123
Town's invoice. Amounts outstanding after 30 days following invoice dates will be subject to a
10%late fee.
E. Student Information. The confidentiality of personally identifiable education
records of District students is protected and regulated by a federal law known as the Family
Educational Rights and Privacy Act of 1974 ("FERPA"). The District, SROs and Town agree that
any disclosure and/or re -disclosure of student educational records shall occur in compliance with
FERPA.
F. Confidential information. If as a result of this Agreement the Town's administrative
staff and/or the SROs are provided access to confidential information pertaining to District
employees, Town administrative staff and SROs agree that they will not disclose such confidential
information to any person not preauthorized by District. For purposes of this section, confidential
information does not include (a) information that is known to Town on the date of this agreement,
(b) information that is in or enters the public -domain through no fault of Town or its representatives
or agents, or (c) information that is made known to Town on a non -confidential basis from an
unsolicited source (other than the District) provided Town has no reason to know or believe that
such source obtained the information improperly or is bound by an agreement not to disclose the
information.
G. Ownership of Equipment. Any equipment provided by Town shall remain the
property of Town and any equipment provided by District shall remain the property of District.
4. Reporting and Records
All books, accounts, reports, files and other records relating to this Agreement shall be kept
for five years after termination of this Agreement.
5. Termination, Extension and Modification
A. Termination. This Agreement may be terminated by either party if in its judgment
such action is necessary due to:
i. funding unavailability
ii. either party's non-compliance with the Agreement
Any termination must be in writing, stating the reason therefore, be sent certified mail and upon
30 days' notice to the other party.
6. Cancellation for Conflict of Interest
The Parties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S.
§38-511, the provisions of which are incorporated herein and made a part hereof.
7. Non -Discrimination
00076755.DOCX /1 SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA
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Exhibit A to Marana Resolution No. 2021-123
The parties shall comply with Executive Order 99-4 and all other applicable State and
Federal Employment laws, rules and regulations, mandating that all persons shall have equal
access to employment opportunities, and that no person shall be discriminated against due to race,
creed, color, religion, sex, national origin or disability.
8. Insurance
Town and District each represent and warrant to the other that it shall at all times retain
insurance coverage in compliance with State laws and shall name the other party as an additional
insured.
9. Employees
Except as otherwise provided by law, in the performance of this Agreement both parties
hereto will be acting in their individual governmental capacities and not as agents, employees,
partners, joint venturers or associates of each other. The employees, agents or subcontractors of
one party shall not be deemed or construed to be employees or agents of the other party.
10. Mutual Indemnification
To the fullest extent permitted by law, each party (as "Indemnitor") agrees to indemnify,
defend and hold harmless the other party, its officers, officials, employees, agents, volunteers,
successors, and assigns (as "Indemnitees") from and against any and all claims, losses, liability,
costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as
"claims," arising out of bodily injury to any person (including death) or property damage, but only
to the extent that such claims which result in vicarious/derivative liability to the Indemnitees, are
caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers,
officials, agents, employees, volunteers, successor, or assigns, provided, however, that the
Indemnitor shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive
negligence.
11. Applicable Law
This Agreement shall be governed and interpreted by the laws of the State of Arizona, and
in the event a conflict exists between this Agreement and the laws of the State of Arizona, the laws
of the State of Arizona shall control. Any reference to a particular statute in this agreement shall
also refer to that statute as amended in the future.
12. Dispute Resolution
Neither party may file a claim against the other without first participating in good faith in
mediation with a trained and impartial mediator. The parties shall share the expenses of mediation,
except that shared expenses shall not include the cost incurred by a party for representation by an
attorney at the mediations, if such representation is desired. If the dispute is not resolved by
mediation or negotiation, a claim may be brought by either party in Arizona Superior Court, Pima
County.
00076755.DOCX /ISERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA
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Exhibit A to Marana Resolution No. 2021-123
13. Notice
Any notice required or permitted under the terms of this Agreement shall be deemed given
or served if sent by certified mail, return receipt requested, postage prepaid to:
MARANA UNIFIED SCHOOL
DISTRICT NO.6
Attn: Superintendent
11279 W. Grier Road
Marana AZ 85653
14. Counterparts
TOWN OF MARANA
Attn: Town Manager
11555 W. Civic Center Drive
Marana AZ 85653
This Service Agreement may be executed in counterparts, each of which shall be an
original, but all of which together shall constitute one and the same Agreement.
15. E -Verify, Records and Audits
To the extent applicable under A.R.S. §41-4401, the parties warrant their compliance with
all federal and immigration laws and regulations that relate to their employees and compliance
with the E -Verify requirements under A.R.S. § 23-214(A). A party's breach of the above-
mentioned warranty shall be deemed a material breach of the Agreement and may result in the
termination of the Agreement by either party under the terms of the Agreement. The parties each
retain the legal right to randomly inspect the papers and records of the other party to ensure that
the other party is complying with the above-mentioned warranty. The parties warrant to keep their
respective papers and records open for random inspection during normal business hours by the
other party. The parties shall cooperate with the other party's random inspections, including
granting the inspecting party entry rights onto their respective properties to perform the random
inspection and waiving their respective rights to keep such papers and records confidential.
16. Amendments
To the extent permitted by law, the Parties may amend this Agreement in writing signed
by both Parties.
17. Workers' Compensation
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 Agreement, is deemed to be an employee of both parties as
provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable
for payment of Workers' Compensation benefits for the purposes of this paragraph. Each party
shall comply with the notice provisions of A.R.S. § 23-1022(E).
00076755.DOCX /I SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA
Exhibit A to Marana Resolution No. 2021-123
[Signature page follows]
00076755.DOCX/ISF.RVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOWN OF MARANA
Exhibit A to Mill-ana Resolution No. 2021-123
1N NNIF 'N Ftiff l l l':321.f)1 , the parties sign this Agreement:
1)tttcel this aZ clay of {c9v4�: 2021. upon resolution of the ,Mal-ana Upitied School
Dista•ict No. G Governing Board approving this Agreement and authorizing its Superintendent to
Sign below:
IIARANA UNIF11-D S 1001. DISTRICT NO. G
Superintendent
Attorney approval:
This A-m-ee.ment has been reviewed by the undersigned attorney- who has determined that it is in
proper lorm and is within the powers and authal-ity gt-tnted under the laws of the State of Arizona
to (lie Marana (Juiilied Scl3do-Wisu-icl.
BY: A11\-IL'a�11ral
v G
Counsel ('01'01C
t Utaified School District
Dated this y day of -! f'�r�a. ,;_7 2021, upon resolution of the Town Council al' the TOW",
of-\4arana (approving this Agreement and authorizing its ;Mayor to sign below:
'1.ONVNI OF ,IAR:�N A
1�
• t.
I3v.
\,l avor
Attorney approvaal:
This A-reemeaat has been reviewed by the undersi�t,ned attorney, vvho Tari determined that it is in
proper form and is within the powel-S and authority granted under the laws of the State of AI'Iioua
to the To\\`n of \'Manana.
ray:
[.c,g�il'C'out�sel liar the
'o�4n of khlrana
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