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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: ,`` o71z.2_ 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. • • • 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