HomeMy WebLinkAboutR-2014-093 2014-2015 Interlocal School Resource Officer Agreement with Yakima School District No. 7RESOLUTION NO. R-2014-093
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 during the 2014-
2015 school year
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, Yakima School District No. 7 desires to continue having a police sergeant
assigned to oversee the SRO program; 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 1st day of July, 2014
ATTEST:
Mica i Cawl , 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 of
the Interlocal Cooperation Act, RCW Chapter 39.34. In Consideration of the terms and
condition 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 sworn police officers to serve as
an SRO as follows:
Provision of an SRO: The City shall assign seven regularly employed officers
who will begin their contract work upon the start of and during the course of the
school year, which begins August 26, 2014, to the following primary areas of
coverage during the normal (non -summer) school year:
• Davis High School
• Eisenhower High School
• Stanton Alternative High School
• Washington Middle School
• Lewis and Clark Middle School
• Wilson Middle School
• Franklin Middle School
Additionally, the City will assign one Police Sergeant to the SRO program for the same
time period. The Sergeant so assigned will be responsible for the training, scheduling
and supervising (for police matters) of the other SRO's. The Sergeant will be expected to
occasionally fill in for SRO's during absences and for providing partial coverage to
elementary schools. The sergeant will also be expected to develop, review, and
implement plans and procedures for dealing with active shooter situations.
Although generally assigned to the above named schools, the SRO will provide coverage
to other nearby District middle and elementary schools and areas surrounding the
principle campuses identified. The services provided by the SRO are in addition to
normal police services already provided by the City.
(A) 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:
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(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 younger 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 quality educational services.
Communication skills of the officer must be of high caliber so that the
officers can effectively and accurately provide resource teaching services.
(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.
(B) Overtime Pay: The Police Department recognizes that some overtime is necessary
and required. All SRO overtime requests, except for emergencies, must be
approved prior to the overtime assignment by the Police Department supervisor in
charge of SROs. Any school -related overtime must be pre -approved by the
superintendent/designee and will be billed to the District at the current overtime
rate. This billing will be in addition to those charges set forth in Appendix "A".
(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 a determination if the SRO is needed for that day to supply
the support services identified 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
misses more than two consecutive workdays, the City will backfill that SRO
position with another officer until the assigned SRO returns to duty.
(D) Supervision of the SRO: While on duty, the SRO acts under the direction of the
school principal/designee and the SRO Sergeant. If called to a secondary site, the
SRO acts under the direction of the school principal/designee of the secondary
site. SROs shall still report to their immediate law enforcement supervisor. At all
times the SRO retains full law enforcement authority and discretion.
(E) Duties of the SRO Sergeant: The SRO Sergeant will not be assigned to a
particular school. The SRO Sergeant will be responsible for the training,
supervision (for police matters) and scheduling of the SRO's. The Sergeant will
be expected to occasionally fill in for SRO's during absences and for providing
partial coverage to elementary schools. The Sergeant will also be expected to
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develop, review, and implement plans and procedures for dealing with active
shooter situations.
(F) Duties of the SRO: While on duty, the SRO shall perform the following duties:
PRIMARY SITE
1. VISIBILITY
1.1 Patrol school facilities and grounds during designated school hours for the
purpose of personal and property protection.
• Observe and monitor students and visitors entering and leaving campus.
• Greet and assist authorized visitors by providing directions and assistance.
1.2 Be immediately available for aiding staff and students in routine and emergency
security and first aid situations.
1.3 Provide building security.
2. DATA & DATA COLLECTION
2.1 Recognize possible illegal activity, violations of school rules, and safety issues.
2.2 Gather and maintain information on:
• Gangs and gang activity
• Criminal activities
• Violations of school district operational procedures
• Violations of the school's discipline plan
• Safety/Law Enforcement related issues
• Activities that may disrupt normal school operations
• Activities which may have a detrimental effect on school or district operations
2.3 Forward above information to the principal/designee.
2.4 Based on data collected, plan prevention/intervention activities.
3. PROFESSIONAL RELATIONSHIPS
3.1 Establish and maintain a positive, proactive relationship with students, staff,
parents, and community.
3.2 Promote communication with students to ensure a safe campus environment.
3.3 Encourage prescribed standards of conduct and behavior and positive student
attitudes.
3.4 Serve as a positive role model for students.
4. STUDENT ACTIVITIES AND EVENTS
4.1 Provide law enforcement services at student activities and events such as dances,
athletics, and/or other public events, as needed. It will be the School District's
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decision whether the SRO's shift is adjusted or if the SRO is compensated with
overtime for events during non -school hours. Overtime must be preapproved by
the superintendent/designee and will be billed to the school district as per Article
II section B of this agreement. If the school/school district would prefer the SRO
adjust his/her work schedule for an after-school event, they must provide at least
48 hours advanced notice of schedule change for the schedule adjustment.
4.2 Assist with supervision at school events.
5. CONFIDENTIALITY
5.1 Maintain professional level of confidentiality at all times.
6. WRITTEN REPORTS/DOCUMENTATION
6.1 Complete and submit written incident reports (not including official police
reports) regarding the following activities:
• Criminal
• Security concerns
• Safety
• Violation of school rules
• Violation of district operational procedures
6.2 Complete and submit written school incident reports to principal/designee in a
timely fashion. The SRO shall not be expected to provide confidential police
reports to non -law enforcement personnel, as per the Revised Code of
Washington State.
6.3 Maintain a patrol log; keep records of persons or activities on school property
observed during patrol.
6.4 Testify in court proceedings, as needed.
6.5 Provide information to building administrators concerning unsecured areas noted
during patrol.
6.6 Observe, collect, preserve, and record evidence of crimes.
6.6 Submit additional reports, as requested.
7. INVESTIGATIONS
7.1 Investigate or assist administrators in investigating:
• Illegal acts, e.g., theft
• Suspicious activities occurring on school property
• Disturbances
7.2 Conduct investigations (criminal and otherwise)
• Question suspects
• Interview witnesses
• Interview victims
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7.3 At the direction of building administration, provide for law enforcement services
for staff as they search students and/or vehicles when there is reason to believe
that weapons, drugs or other contraband might be involved.
7.4 Apprehend or assist in apprehension of individuals committing or suspected of
committing crimes on school property.
7.5 Respond to fire alarms and bomb threats.
• Conduct searches, as needed
• Secure buildings.
7.6 Assist building administrators to keep unauthorized visitors from buildings,
grounds, and
• Meet and interact with students and non -students on and adjacent to
school property and in hallways of assigned schools.
• Respond to reports of intruders.
• Report unauthorized visitors to administrator.
• Deliver Trespass Warning Notices to offenders.
• Evict unauthorized persons from school facilities.
7.7 Disperse groups as required to maintain order and safety.
7.8 Defuse and de-escalate confrontations and critical situations.
7.9 Conduct student mediation/interventions as needed.
7.10 Attempt to locate and recover stolen property.
7.11 Physically intervene and/or restrain students and/or non -students in a safe
manner when necessary.
7.12 Transport voluntary students in emergency situations with the approval of a
police supervisor. No medical transports will be provided.
8. EDUCATION
8.1 Provide information to staff and students concerning property protection.
8.2 Provide information to staff and students regarding safety measures.
8.3 Provide G.R.E.A.T. curriculum at appropriate grade level.
8.4 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.
8.5 Act as a resource person in the area of law enforcement education.
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8.6 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.
8.7 Attend all Yakima Police Department mandated training as required to maintain
law enforcement qualifications and certifications.
9. EMERGENCY SERVICES
9.1 Serve as an integral part of the school crisis/emergency plan.
10. ADDITIONAL DUTIES
10.1 Complete related tasks as assigned by principal/designee.
10.2 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.
SECONDARY SITE
1. EMERGENCY SERVICES
1.1. Serve as an integral part of the crisis/emergency plan for the school(s) to which
you are assigned.
1.2 React calmly, appropriately, and with good judgment in crises.
2. NOTIFICATION/DOCUMENTATION
2.1 Notify the primary site contact that you are leaving.
2.2 For the primary site contact, tell the name of the school you have been called to.
2.3 Complete the necessary documentation regarding the call -out.
3. EDUCATION
3.1 If assigned, provide G.R.E.A.T. training at the identified grade level(s) and
school(s).
F. Attire: The SRO will 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.
G. 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.
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(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 SRO's assignment.
ARTICLE V
In Consideration of the service provided herein, the District shall pay the City as set forth
in Appendix A, attached hereto and incorporated herein by this reference.
2014-2015 SRO Contract
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 City's
receipt of the request.
ARTICLES IX
The terms of this Agreement shall be for twelve months commencing July 1, 2014 and
ending June 30, 2015. The District shall receive the SRO services described in Article II
during the regular school term, excluding summer school, 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:
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(1) A dedicated private office, which is properly lighted, with a dedicated
telephone to be used for general business purposes. Multi purpose rooms shall
not be deemed a sufficient substitute for a private office.
(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 in said private office.
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 thirty (30)
days written notice in the event that the other party fails to substantially perform in
accordance with the terms and conditions of the Agreement through no fault of the party
initiating termination. This Agreement may also be terminated, without cause, by either
party upon ninety (90) days written notice. In the event this Agreement is terminated,
compensation will be made to the City for all services performed under this Agreement
up to the specified date of termination. If termination is necessary due to lack of
substantial performance in' accordance with the terms and conditions of the Agreement by
the City, the District may be entitled to a prorated refund for each day that the SRO
services are not provided because of termination of this Agreement.
ARTICLE XIV
Notices: Unless stated otherwise herein, all notices and demands shall be in writing and
sent to the parties at their respective addresses as follows:
To the City: Chief of Police
200 South Third Street
Yakima, WA 98901
To the District: Superintendent
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
2014-2015 SRO Contract
be deemed effective three (3) business days, excluding holidays, after mailing or
immediately upon being hand delivered to the address specified above.
ARTICLE XV
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 XVI
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, damage, judgments, costs
and expenses (including reasonable attorneys' fees). Nothing contained in this Section of
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 XVII
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 then 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 XVIII
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 XIX
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 from thereafter enforcing any such provision.
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ARTICLE XX
Any provision of this Agreement that imposes an obligation that continues after
termination or expiration of this Agreement shall survive the term or expiration of the
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 Yakima
County, Washington.
ARTICLE XXI
A copy of this Agreement shall be filed with the Yakima Country Auditor pursuant to
RCW 39.34.040
SCHOOL DISTRICT NO. 7
•
aldef, / < ha 1 Elaine Beraza, Superintendent
SjYakima School District No. 7
Date:
Attes
CITY $ F YAKI NGTION
Rou e, City Manager
City Of Yaki a
Date: '713h
Y
ons
r -Tee, City Cler
City Contract No.
City Resolution No.
2014-2015 SRO Contract
11
CITY CONTRACT N
RESOLUTION NO:
APPENDIX A
Pursuant to Article V, the District shall pay the City the following amounts for each year
of the contract. This appendix does not include overtime pay as set forth is ARTICLE II
Section (B) which will be billed separately in accord with the specific provisions of the
Agreement.
2014-2015 School Year
For the 2014-2015 school year the District shall pay the City a total of Six Hundred
Seventy Eight Thousand, Three Hundred Eleven Dollars ($678,311.00).
This figure represents 75% of the total cost of Nine Hundred Four Thousand Four
Hundred Fifteen Dollars ($904,415.00) for seven SRO's and one Sergeant. The District
shall remit Two hundred Twenty Six Thousand, One Hundred Three Dollars
$226,103.00) per billing cycle which bills for three (3) of the four (4) quarters; being fall,
winter, and spring.
Payments shall be made in quarterly installments, at the time quarterly reports are
submitted to the District and the City. Excepting agreed upon overtime compensation that
accrues in accord with ARTICLE II, Section (B), no other consideration will be required
during the term of this Agreement for in -school services provided hereunder.
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ADDENDUM TO CONTRACT
Yakima Public Schools
And
City of Yakima
2014-2015 School Year
RENEWAL:
Services under this agreement are subject to the needs of the Yakima School District in its
sole discretion and are specifically subject to appropriations of adequate and sufficient funds
in the fiscal year services are purchased and rendered, failure of which shall render this
agreement null and void. The Yakima School District shall have the option, in its sole
discretion, to renew all goods and services to be provided hereunder, or to select only
specific goods and services to be provided. If only specific goods and services are to be
provided, the Yakima School District shall specify what goods and services are to be
deleted.
TERMS OF PAYMENT:
Upon receipt and acceptance of Service Provider's Invoice, District shall make prompt
monthly payments as follows:
Invoice received and accepted by the 10th will be paid and mailed on the 25th
Invoice received and accepted by the 25th will be paid and mailed on the 10th
"Paid" is defined as the District's normal accounts payable operating process. "Paid"
is further defined as a warrant issued and mailed via the United States Postal Service
system.
SUSPENSION and DEBARMENT:
The City of Yakima certifies that our organization and its principals have not been
suspended or debarred from federally funded grant related work.
CITY OF YAKIMA
YAKIMA SCHOOL DISTRICT #7
aira'.. , re: Vc,..%,,,,,(2.--
Signatu
704;e, deis
�S'
Ty••- am :
Tony O'Rour e
S`yfyyped
Name:
Dr. Elaine Beraza
Title:
City Manager
Title:
Superintendent
Date: 7/3/
Date: U16114�y
City:
Yakima
City:
Yakima
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.G.
For Meeting of: July 01, 2014
ITEM TITLE: Resolution authorizing a twelve month School Resource
Officer Agreement with the Yakima School District for seven
(7) School Resource Officers and one (1) Police Sergeant
SUBMITTED BY: Dominic Rizzi, Chief of Police
SUMMARY EXPLANATION:
The Yakima School District and the Yakima Police Department desire to enter into a twelve
month 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 twelve months commencing July
1, 2014 and ending June 30, 2015, 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.
Resolution: X Ordinance:
Other (Specify):
Contract: X
Start Date: July 1, 2014
Item Budgeted: Yes
Funding Source/Fiscal
Impact:
Strategic Priority: Public Safety
Insurance Required? No
Mail to: Dr. Elaine Beraza, Yakima School District, 104 N. 4th Ave,
Yakima, WA 98902
Phone: 573-7001
Contract Term: 12 months
End Date: June 30, 2015
Amount: $678,311.00
General fund revenue.
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Staff recommends approval of this agreement.
ATTACHMENTS:
Description
Resolution - Yakima School District SRO
Agreement
❑ Yakima School District SRO Agreement
Upload Date
6/18/2014
6/18/2014
Type
Resolution
Contract