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HomeMy WebLinkAboutR-2003-159 Yakima School District No. 7 ( school resource officer )RESOLUTION NO. R-2003-159 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a School Resource Officer Agreement with Yakima School District No. 7 for the purpose of maintaining a school resource officer program. WHEREAS, Yakima School District No. 7 desires to maintain a school resource officer ("SRO") program and desires that the City of Yakima, through its police department, provide SROs for law enforcement related services to certain schools within the School District; and WHEREAS, the City, through its police department, is willing to provide said SRO services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Yakima School District No. 7, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "School Resource Officer Agreement" with Yakima School District No. 7 for the purpose of maintaining a school resource officer program. ADOPTED BY THE CITY COUNCIL this 16th day of December, 2003. ATTEST: City Clerk Mary Place, Mayor SCHOOL RESOURCE OFFICER AGREEMENT This agreement is made and entered into the �®2' day of OW @mb 2003, by the Yakima School District No.7 (referred to herein as "District") and the City of Yakima (referred to herein as "City") for the purpose of maintaining a School Resource Officer (referred to herein as "SRO") Program in the public school system of the City of Yakima. In consideration of the terms and conditions set forth herein, the parties agree as follows: ARTICLE I PURPOSE: The purpose of this agreement is for the City of Yakima to provide contract services in the form of SROs to the District. The services provided include law enforcement and related services as described in this agreement. ARTICLE II OBLIGATION OF THE CITY: The City shall provide SRO police officers as follows: (A) Provision of SROs: The City shall assign four (4) regularly employed officers to the following areas of coverage: Eisenhower High School Davis High School Washington Middle School Franklin Middle School Lewis & Clark Middle School Wilson Middle School Although generally assigned to the above named schools, the SROs will provide coverage to other nearby elementary schools and areas surrounding the principal campuses identified. The services provided by the SROs are in addition to normal police services already provided by the City. (B) Selection of SROs: The Superintendent of the District in consultation with the Chief of Police shall choose SROs to be assigned on the basis of the following minimum criteria: (1) The officer must have the ability to deal effectively with a diverse student population. Bilingual officers will be preferred. (2) The officer must have the ability to present a positive image and symbol of the entire police agency. A goal of the SRO program is to foster a positive image of police officers among young people. Therefore, the personality, grooming and communication skills of the officer should be of such nature so that a positive image of the police agency is reflected. The officer should sincerely want to work with staff and students of the particular school in which the officer is assigned. (3) The officer must have the ability to provide good, quality educational services in the area of law enforcement. The educational background, background experience, interest level and communication skills of the officer must be of a high caliber so that the officer can effectively and accurately provide resource teaching services. SRO Agreement Page 2 (4) The officer must have the desire and ability to work cooperatively with the building administrative staff and employees. (5) The officer must be a state certified law enforcement officer. (C) Regular School Duty: SROs must be available for regular school duty on a full-time basis of eight (8) hours on those days and during those hours that school is in session. This assignment does not prohibit SROs from participating in emergency response or to fulfill training requirements as determined to exist by the Chief of Police or designee. (D) Duties of SROs: While on duty, SROs shall perform the following duties: (1) Speak to classes on the law, including search and seizure, criminal law, motor vehicle law and other topics mutually agreed to by the Chief of Police or designee and principal or designee. (2) Act as a resource person in the area of law enforcement education. (3) Conduct criminal investigations of violations of the law on school district property or property immediately surrounding the school district property as assigned by the Yakima Police Department. (4) Provide law enforcement input into school-based security, including teaching of school district security personnel as well as the review of fencing and security systems. Maintain the peace on school district property. Make arrests and referrals of criminal law violators. Provide police counseling to students when requested by the principal or designee and student and mutually agreed to by all parties. Secure, handle and preserve evidence. Recover school district property through working with other police agencies. (5) (6) (7) (8) (9) (10) Make referrals to social agencies as appropriate. (11) Wear official police uniform, which shall be provided at the expense of the City, however, civilian attire may be worn on such occasions as may be mutually agreed upon by the principal and police command. (12) Perform such other duties as mutually agreed upon by the principal and Chief of Police or designee, so long as the performance of such duties are legitimately and reasonably related to the SRO program as described in this agreement and so long as such duties are consistent with state and federal law and the policies and procedures of the Yakima Police Department and the Yakima School District. (13) Follow and conform to all school district policies and procedures that do not conflict with policies and procedures of the Yakima Police Department. SRO Agreement Page 3 (14) Follow all state and federal laws. (15) Maintain a "quarterly activities report" or such other report regarding SRO activities as may be required by the District and the City. (16) Coordinate with other Yakima Police Department Youth Service Providers (DARE, GREAT, etc.) to ensure consistency and continuity of all services. (17) Attend all Yakima Police Department mandated training as required to maintain law enforcement qualifications and certifications. (E) Support Services to be Provided by the Yakima Police Department: The police department and SROs will supply the following services: (1) Provide information on all offense reports taken by the SROs to the school principal or designee, upon request, as the law may allow. (2) The capability to receive and dispatch via telephone, walk-in, radio, district radio frequency and/or pager. (3) Maintain and file uniform crime reporting (UCR) records according to law. (4) Process all police reports. (5) Provide coordination, development, implementation and evaluation of security programs in the school assigned. (6) Provide each SRO with a patrol automobile as required and all other necessary or appropriate police equipment. The cost of purchasing, maintaining and repairing police equipment provided under this agreement shall be borne by the City. (7) Maintain copies of reports generated by officers in compliance with state and federal laws. (8) Coordinate with school administrators, staff, law enforcement agencies and the courts to promote order on the school campuses. (9) Make presentations to civic groups. (10) Maintain criminal justice standards as required by law. (11) Coordinate and participate with the school safety committee. (12) Coordinate crime prevention activities at the assigned school locations. (13) Provide security training for selected District personnel through police reserve academy curriculum and staff. SRO Agreement Page 4 ARTICLE III The parties agree the responsibility for an administration of student discipline shall be the duty of the District. ARTICLE IV The SROs shall be employees of the City and not employees of the District. The City shall be responsible for the hiring, training, discipline and dismissal of its personnel. There will be an annual review of the performance of the SROs by the District Superintendent and the Chief of Police to ascertain the continuation of the SRO assigned. ARTICLE V In consideration of the services provided herein, the District shall pay the City as set forth in Appendix ARTICLE VI The parties, their agents and employees will cooperate in good faith in fulfilling the terms of this agreement. The Superintendent of the District or designee and the Chief of Police or designee will attempt to resolve unforeseen difficulties or questions that may arise during the term of this agreement. ARTICLE VII This agreement is the complete and exclusive agreement between the parties relevant to the purpose described above and supersedes all prior agreements or proposals, oral or written, and all other communications between the parties relevant to the subject matter of this agreement. Changes in the terms of this agreement may be accomplished only by formal amendment in writing approved by the City and the District. ARTICLE VIII To dismiss an SRO from the duties described in this agreement, the Superintendent or designee shall communicate, in writing, to the City a request to change the SRO. The District will outline reasons for the requested change. Absent agreement by the parties to resolve a change in the SRO, the SRO shall be changed within ten (10) days of the request. SRO Agreement Page 5 ARTICLE IX The term of this agreement shall be for three years commencing January 1, 2004 and ending December 31, 2006. The district shall receive the SRO services described in Article II for the full term of this agreement. ARTICLE X Notwithstanding this agreement, the District shall receive all normal police services in addition to the services described in this agreement. ARTICLE XI The District shall provide SROs, in each school to which an SRO is assigned, the following materials and facilities necessary to perform the duties by the SRO, enumerated herein: (1) Access to a private office which is properly lighted, with a dedicated telephone to be used for general business purposes. (2) Location for files and records which can be properly locked and secured. (3) A desk with drawers, a chair, working table, filing cabinet and necessary office supplies. (4) (5) Access to a Macintosh or IBM compatible computer with word processing capabilities. Provide a pager to each officer. ARTICLE XII The City and District will collaborate on identifying and accessing funding sources for the SRO program that include but are not limited to state and federal grants. ARTICLE XIII TERMINATION: This agreement may be terminated by either party upon 30 days written notice in the event that the other party fails to substantially perform in accordance with the terms and conditions of this agreement through no fault of the party initiating termination. This agreement may also be terminated, without cause, by either party upon 365 days written notice. In the event this agreement is terminated, compensation will be made to the City for all services perfoinied to the date of termination. The District will be entitled to a prorated refund for each day that the SRO services are not provided because of termination of this agreement. ARTICLE IX NOTICES: Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties at their addresses as follows: To the City: Chief of Police SRO Agreement Page 6 To the District: 200 South Third Street Yakima, WA 98901 Or to such other address as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. DATED this 44 day of Com' , 2003 n Soria Superintendent Dick Zais, City Manager City of Yakima Yakima School District No. 7 Attest: Karen S. Roberts, City Clerk Z <9-v 3 CITY CONTRACT N0: RESOLUTION N0: APPENDIX A Pursuant to Article V, the District shall pay the City the following amounts for each year of the contract: For 2004, the District shall pay the City a total of Two Hundred and Seventy -Nine Thousand and Two Hundred and Twenty -Five Dollars ($279,225.00). This amount represents a cost of Eighty -One Thousand and Seventy -Five Dollars ($81,075.00) for each of three SROs and Thirty -Six Thousand Dollars ($36,000.00) for one SRO. The cost of the fourth SRO has been offset by a Thirty -Six Thousand Dollar ($36,000.00) Yakima Police Department policy item funded by the City. For 2005, the District shall pay the City a total of Three Hundred and Thirty -Three Thousand and Two Hundred and Ninety -Two Dollars ($333',292.00), which represents a cost of Eighty -Three Thousand and Three Hundred and Twenty -Three Dollars ($83,323.00) for each of the four SROs. For 2006, the District shall pay the City a total of Three Hundred and Forty -Two Thousand and Five Hundred and, Fifty -Two Dollars ($342,552.00), which represents a cost of Eighty -Five Thousand and Six Hundred and Thirty -Eight Dollars ($85,638.00) for each of the four SROs. Payments shall be made in quarterly installments, at the time quarterly reports are submitted to the District and the City. No other consideration will be required during the term of this agreement for in - school services called for herein. ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. -* 1;.E For Meeting of 1 .1L -14,--o3 Consideration of a Resolution Authorizing a Three-year School Resource Officer Agreement with the Yakima School District for four (4) School Resource Officers. SUBMITTED BY. Chief Sam Granato, Police Department CONTACT PERSON/TELEPHONE Lt. Mike Merryman - 575-6218 SUMMARY EXPLANATION: The Yakima School District and the Yakima Police Department desire to enter into a three-year agreement to provide for School Resource Officer services within the Yakima School District. This agreement with the Yakima School District is for a term of three (3) years commencing January 1, 2004 and ending December 31, 2006, and is jointly funded by the City of Yakima and the Yakima School District. During the first year, the City will contribute $36,000 00 toward the cost of one of the SRO positions. The School District will fund the balance of that position and will fund entirely the three (3) other SROs for the first year and all four (4) School Resource Officers for the second and third years of the agreement. Article V and Appendix A to the agreement specify payment details. Staff is requesting the City Council direct the City Manager to execute this agreement with the Yakima School District. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: 'Q- City Manager STAFF RECOMMENDATION Staff recommends the Council adopt the attached Resolution directing the City Manager to enter into School Resource Officer Agreement with the Yakima School District. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-159 Temporary School Resource Officer Agreement I. Whereas the current (2006) School Resource Officer Agreement, between the City of Yakima and the Yakima School District will expire December 31st, 2006, and II. Whereas both parties desire to continue the School Resource Officer Agreement beyond its current expiration date, and III. Whereas there are no City Council meetings scheduled before the end of the current agreement, and IV. Whereas both parties believe a new agreement can be completed and presented to council before February 2007, The City of Yakima and the Yakima School District agree to abide by all the articles and appendices of the current (2006) School Resource Officer Agreement until a formal agreement can be completed and ratified by City Council. Dated this /5/ day of December, 2006 en Soria, Superintendent -'Yakima School District No. 7 Dick Zais, Citlanager City of Yakima