CC - Agendas - City Council - REGULAR - 8/14/2018

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8.F.a c. Relationship of Parties. i. Independent Contractor Status. The City shall have the status of an independent contractor for the purpose of this Agreement. The School Safety Officer ("SRO") assigned to the School shall be considered an employee of the City and shall be subject to its control and supervision. The SRO will not be considered a co - employee or "leased employee" of the District in any circumstance. The SRO will be subject to the current procedures in effect for police officers of the Prescott Police Department ("PPD"), including attendance at all mandated training and testing to maintain police officer certification. The City agrees that the identified SRO will work at PHS during times school is in session for the duration of the scheduled school year. 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 be only those expressly set forth in this Agreement. The District does not have the authority to supervise or control the actual work of the City, its employees, or its subcontractors. ii. Chain of Command and Channels of Communication. The PHS Principal or designee will communicate directly with the SRO's commanding officer about any issues or concerns involving the SRO. If there is an issue that cannot be resolved between the Principal or designee and the commanding officer, the District's Grants and Federal Programs Coordinator or the Superintendent or his designee will communicate with the commanding officer or his/her superiors, as determined appropriate by the City. iii. Reporting Misconduct. The City understands that the District is responsible for the safety of students on campus during the school day. If either party receives information indicating that any SRO assigned to perform services for the District may have engaged in unprofessional, illegal, or immoral conduct that would affect the SRO's ability to safely and/or professionally perform duties for the District, the receiving party shall immediately provide such information to the other. iv. Removal and Replacement of SRO. If any alleged unprofessional, illegal, or immoral conduct might affect the SRO's ability to safely and/or professionally perform duties for the District, the City will immediately remove the SRO from the District and reassign the SRO in accordance with City policies and procedures to allow the City and/or the District to investigate the allegations. The City agrees to assign a replacement SRO to provide services to the District under this Agreement. If a replacement SRO cannot be provided, the District will be credited for each day an SRO is not assigned to PHS. The District, at its sole discretion, may refuse the assignment to the District of any SRO who has been previously removed from the District because of allegations of unprofessional, illegal, or immoral conduct. d. Coordination of Processes to Address Student Misconduct. The Parties will work together to identify and streamline any separate processes for investigating and responding to acts of student misconduct that may also implicate criminal misconduct. e. Records. Parties shall maintain the records required in this Agreement for not Tess than three years after the termination of this Agreement, or for a longer term as required under the State of Arizona public records retention schedules. Attachment: IGA (City Contract No. 2019-071) with PUSD (2101 : Approval of IGA with PUSD for SRO Services) 2 Packet Pg. 75