HomeMy WebLinkAboutR-2007-056 Yakima School District No. 7 Agreement (re: school resource officers )RESOLUTION NO. R-2007- 56
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an interlocal
School Resource Officer Agreement with Yakima School District No. 7 for
the continuation of the school resource officer program.
WHEREAS, Yakima School District No. 7 desires to continue the 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 17`h day of April, 2007.
ATTEST:
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City Clerk
David Edler, Mayor
SCHOOL RESOURCE OFFICER AGREEMENT
This SCHOOL RESOURCE OFFICER AGREEMENT ("Agreement") is made and entered into by
and between the Yakima School District No.7 ("District") .and the City of Yakima, Washington
("City") for the purpose of maintaining a School Resource Officer ("SRO") Program in the public
school system. This Agreement is entered into pursuant to the Interlocal Cooperation Act, RCW
Chapter 39.34. 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 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 an SRO: The City shall assign four (4) regularly employed officers to the
following areas of coverage:
• Eisenhower High School
• Davis High School
• Washington Middle School
• Lewis & Clark Middle School
Although generally assigned to the above named schools, the SRO will provide coverage to other
nearby Middle and Elementary schools and areas surrounding the principal campuses identified. The
services provided by the SRO are in addition to normal police services already provided by the City.
(B) Selection of an SRO: The Superintendent of the District in consultation with the Chief of Police
shall choose the 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 SRO
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
and accurately provide resource teaching services.
(4) The officer must have the desire and ability to
administrative staff and employees.
caliber so that the officer can effectively
work cooperatively with the building
(5) The officer must be a state certified law enforcement officer.
(C) Regular School Duty: The SROs must report to their assigned school 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.
When the assigned school is not in session, the Principal will make the determination if the SRO
is needed for that day to supply the support services under Article II, Section E and/or the District
may assign the SRO to another school(s). This assignment does not prohibit the SRO from
participating in emergency response and/or fulfilling training requirements as determined to exist
by the Chief of Police or designee(s). In the event an SRO is ill longer than two consecutive
workdays, the City will backfill that SRO position with another officer until the assigned SRO
returns to duty.
(D) Duties of the SRO: While on duty, the SRO 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.
(5)
(6) Make arrests and referrals of criminal law violators as appropriate.
(7)
Work to maintain the peace on school district property.
(8)
(9)
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.
Assist in efforts to recover school district property, including working with other police
agencies.
(10) Make referrals to social service agencies as appropriate.
(11) Wear an 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
designees, 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, federal, and local 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
the policies and procedures of the Yakima Police Department.
(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 to ensure
consistency and continuity of 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 City's Police
Department and the SRO will supply the following services:
(1) Provide information on all offense reports taken by the SRO to the school Principal or
designee, upon request, and as the law may allow.
(2) The capability to receive and dispatch SROs via telephone, walk-in, radio, district
radio frequency and/or pager.
(3) Process, file and maintain police reports and other police records according to law.
(4) Provide coordination, development, implementation and evaluation of security
programs in the school assigned.
(5) Provide each SRO with a patrol automobile and other necessary police equipment. The
cost of purchasing, maintaining and repairing police equipment provided under this
Agreement shall be borne by the City.
(6) Coordinate with school administrators, staff, law enforcement agencies and the courts
to promote order on the school campuses.
(7) Make presentations to civic groups.
(8) Maintain criminal justice standards as required by law.
(9) Coordinate and participate with the school safety committee.
(10) Coordinate crime prevention activities at the assigned school locations.
(11) Provide security training for selected District personnel through police reserve
academy curriculum and staff.
ARTICLE III
The parties understand and agree. that the District has sole responsibility for the administration of
student discipline.
ARTICLE IV
The SROs are employees of the City and not employees of the District. The City, subject to the terms,
conditions and limitation herein, shall be solely responsible for control of its personnel, standards of
performance, police certified training, discipline, and all other aspects of performance by City
employees while performing services under this Agreement. Notwithstanding the foregoing, 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 SROs assigned.
ARTICLE V
In consideration of the services provided herein, the District shall pay the City as set forth in Appendix
A, attached hereto and incorporated herein by this reference.
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
administrate this Agreement and attempt to resolve 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.
ARTICLE IX
The term of this Agreement shall be for three years commencing and retroactive to January 1, 2007
and ending December 31, 2009. 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 and all normal
neighborhood resource officer services in addition to the services described in this Agreement.
ARTICLE XI
The District shall provide the SRO in each school to which the 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) A location for files and records that can be properly locked and secured.
(3) A desk with drawers, a chair, working table, filing cabinet and necessary office
supplies.
(4) Access to a Macintosh or IBM compatible computer with word processing capabilities.
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 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 performed 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
ties at their address as follows:
To the City:
To the District:
Chief of Police
200 South Third Street
Yakima, WA 98901
Yakima School District
104 N. 4th Avenue
Yakima, WA 98902
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 address specified above.
ARTICLE X
Unless otherwise provided herein or agreed to in writing by the parties, all property acquired by the
City during the term of this Agreement related to its performance under this Agreement shall be paid
for by the City and shall remain the property of the City upon termination of this Agreement. Any
property acquired jointly by the City and the District during the term of this Agreement relating to the
subject of this Agreement shall, upon termination of this Agreement, be disposed of in such manner as
mutually agreed upon by the parties.
ARTICLE XI
Each party hereto agrees to be responsible and assume liability in the performance of this Agreement
for its own wrongful and/or negligent acts or omissions and those of its officers, elected officials,
agents, volunteers, and/or employees to the fullest extent allowed by law. In the event that the
officials, officers, agents, and/or employees of both the District and the City are negligent, each party
shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorneys' fees). Nothing contained in
this Section or this Agreement shall be construed to create a liability or a right of indemnification in
any third party. The provisions of this Section shall survive the termination or expiration of this
Agreement.
ARTICLE XII
This Agreement is entered into for the sole benefit of the City and the District. It shall confer no
benefits or rights, direct or indirect, on any third persons. No person or entity other than the parties
themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive
any provision of this Agreement is solely that of each party.
ARTICLE XIII
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be
effective and valid under applicable law. Any provision of this Agreement which shall prove to be
invalid, unenforceable, void, or illegal shall in no way affect impair, or invalidate any other provisions
hereof, and such other provisions shall remain in full force and effect. Any provision of this
Agreement in direct conflict with any statutory provision of the State of Washington shall be deemed
modified to conform to such statutory provision.
ARTICLE XIV
The waiver by the District or the City of the breach of any provision of this Agreement by the other
party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent
either party thereafter enforcing any such provision.
ARTICLE XIII
Any provision of this Agreement that imposes an obligation after termination or expiration of this
Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to
this Agreement. This Agreement shall be governed by and construed in accordance with the laws of
the State of Washington. The venue for any action to enforce or interpret this Agreement shall lie in
the Superior Court of Washington for Yakima County, Washington.
ARTICLE XVI
A copy of this Agreement shall be filed with the Yakima County Auditor pursuant to RCW 39.34.040.
SCHOOL DISTRICT NO. 7
enjamin A. Soria, Superintendent
Yakima School District No. 7
CITY OF YAKIMA, WASHINGTON
R.A. Zais, Jr., City Manager
City of Yakima
Date: 'V- /q-47
City Contract No. aG1,6 7 a?9
City Resolution No. W R,00% Seo
APPENDIX A
Pursuant to Article V, the District shall pay the City the following amounts for each year of the
contract.
For 2007, 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.
For 2008, the District shall pay the City a total of Three Hundred and Fifty -Two Thousand and Eight
Hundred and Twenty -Eight Dollars ($352,828.00), which represents a cost of Eighty -Eight Thousand
and Two Hundred and Seven Dollars ($88,207.00) for each of the four SROs.
For 2009, the District shall pay the City a total of Three Hundred and Sixty -Three Thousand and Four
Hundred and Twelve Dollars ($363,412.00), which represents a cost of Ninety Thousand and Eight
Hundred and Fifty -Three Dollars ($90,853.00) 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.
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of `//, 7/b7
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: Captain Rod Light (509)576-6393
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, 2007 and ending December 31, 2009, and is jointly funded by the
City of Yakima and the Yakima School District.
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:
Cit Mana•er
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-2007-56