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HomeMy WebLinkAboutR-1995-012 School Resource Officer AgreementRESOLUTION NO. R-95- 12 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a School Resource Officer Agreement with Yakima School District No. 7. WHEREAS, the City of Yakima and the Yakima School District wish to enter into an Agreement to provide a School Resource Officer for law enforcement and related services in Yakima School District high schools and middle schools; and WHEREAS, the Yakima City Council finds that the provision of School Resource Officers within the Yakima School District is in the best interest of the citizens of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached School Resource Officer Agreement with Yakima School District No. 7. ADOPTED BY THE CITY COUNCIL this 24thday of January , 1995. ATTEST: Act ' ng /' City Clerk (1s)res/SRO.rp SCHOOL RESOURCE OFFICER AGREEMENT This Agreement is made and entered into this \ day of , 1995, by Yakima School District No. 7 (referred to herein as "Dist ia"), and the City of Yakima (referred to herein as "City"), for the purpose of establishing 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 SRO's 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 an SRO police officer as follows: (a) Provision of an SRO. The City shall assign two (2) regularly employed officers to the following areas of coverage: (1) Eisenhower High School (2) Davis High School (3) Middle Schools as assigned Although generally assigned to the above named high schools, the SRO will provide coverage to other nearby 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. (b) Selection of an SRO. The Chief of Police or his designee shall choose the SRO to be assigned on the basis of the following minimum criteria: (1) The SRO must have the ability to deal effectively with a diverse student population. (2) The SRO must have the ability to present a positive image and symbol of the entire police agency. A goal of the SRO program is CITY C.OETRACT NO. to foster a positive image of police officers among young people. Therefore, the personality, grooming, and communication skills of the SRO should be of such nature so that a positive image of the police agency is reflected. The SRO should sincerely want to work with staff and students of the particular school in which the SRO is assigned. (3) The SRO must have the ability to provide good quality educational services in the area of law enforcement. The education background, background experience, interest level and communication skills of the SRO must be of a high caliber so that the SRO can effectively and accurately provide resource teaching services. (4) The SRO must have the desire and ability to work cooperatively with the principal and other building administrative staff and employees. (5) The SRO must be a state certified law enforcement officer. (c) Regular School Duty. The SRO 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 the SRO from participating in emergency response or to fulfill training requirements as determined to exist by the Chief of Police or designee. (d) Duties of 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 violation of the law on school district property or property immediately surrounding the school district property as assigned by Yakima Police Department. (4) Provide law enforcement imput into school based security, including a teaching of school district security personnel. Review fencing and security systems. -2 (5) Maintain the peace on school district property. (6) Make arrests and referrals of criminal law violators. (7) Provide police counseling to students when requested by the principal or designee and student and mutually agreed to by all parties. (8) Secure, handle and preserve evidence. (9) Recover school district property through working with other police agencies. (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 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. (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. 3 (e) Support Services to be Provided by Yakima Police Department. The police department and the SRO will supply the following support services: (1) Provide information on all offense reports taken by the SRO to the school principal or designee, upon request, as the law may allow. (2) 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 law. (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 thru police reserve academy curriculum and staff. -4 ARTICLE III The parties agree the responsibility for an administration of student discipline shall be the duty of the District. ARTICLE IV The SRO shall be an employee of the City and not an employee of the District. The City shall be responsible for the hiring, training, discipline, and dismissal of its personnel. ARTICLE V In consideration of the services provided herein, the District shall pay an annual sum to the City as set forth in Appendix "A". For the first year of this contract, the District shall pay the sum set forth in Appendix "A" per SRO to the City. This sum is based upon actual costs to Yakima Police Department reimbursed by District. For years two (2) and three (3) of the contract the amount shall be mutually negotiated and Appendix "A" will be modified in writing to set forth the agreement of the parties. Payments shall be made in quarterly installments, when the 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. ARTICLE VI The parties, their agents, and employees will cooperate in good faith in fulfilling the terms of this agreement. Unforeseen difficulties or questions will be resolved by negotiations between the Superintendent of the District and the Chief of Police or designee. ARTICLE VII 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 5 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 (3) years commencing January 1, 1995, and ending December 31, 1997. 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 neighbor 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) 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) Access to a Macintosh computer with word processing capabilities. (5) 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. 6 ARTICLE XIII TERMINATION. This agreement may be terminated by either party upon 30 days written notice that the other party failed 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 in accordance with the formula contained in Article IX for each clay that the SRO services are not provided because of termination of this agreement. DATED this 3 ( day of January,1995. Larry Petry, Sup ntendent Dick Zais, City' Manager Yakima School District No. 7 7 City of Yakima APPENDIX A Pursuant to Article V., the District shall pay Sixty-four Thousand Nine Hundred Fifty-one and 30/100 Dollars ($64,951.30) per SRO, for a total payment of One Hundred Twenty-nine Thousand Nine Hundred Two and 60/100 Dollars ($129,902.60) for the year 1995. Payment shall be made according to Article V. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT �3 Item No. For Meeting Of ITEM TITLE: Consideration of Legislation Relating to Enhanced Police Service • the Yakima School District SUBMITTED BY: Pleas Green, ief of Police Ray Paolella, City Attorney CONTACT PERSON/TELEPHONE: Pleas Green, 575-6061 SUMMARY EXPLANATION: The attached resolution authorizes the Police Department to enter into an agreement with the Yakima School District for the purpose of providing Yakima middle and high schools with an enhanced level of police service. Under this agreement, the Police Department will assign two (2) FTE police officers to the School District during the school year. In addition to providing traditional police services, these officers will assist in the training of school security personnel and act as a teaching resource in the areas of drug and gang prevention, criminal justice studies, and other police/community related topics. In return for these services, the School District will reimburse the City for the annual direct costs of two additional police officer positions to replace the two officers assigned to school duty. This amounts to annual reimbursement of approximately $64,900 per officer (see Attachment !for cost breakdown). To clarify, the District will receive the services of these officers during the school year, and will fund the replacement officers for the entire calendar year. The District has agreed to this arrangement due in part to the level of police service which they already enjoy. During the 1993-94 school year, D.A.R.E., Traffic, Street Crimes Abatement, and Neighborhood Resource Officers committed over 2,600 manhours to pro -active, preventive, and educational efforts on or near school grounds. These services were over and above routine calls for police service generated by these facilities. With the advent of the Gang Resistance Education and Training (G.R.E.A.T.) program in the Middle schools, and enhanced D.A.R.E. instruction at lower elementary grades, this committment will increase for the 1994-95 school year. For fiscal and operational planning purposes, the District has agreed to support this arrangement for a minimum of three years. The City and School District will mutually benefit from this agreement and we encourage the City Council to act favorably on this proposal. Resolutions (2) Ordinance _.. Contract _ Other (Specify) Per -officer cost breakdown Funding Source General Fund (Rez, imbursed by School District) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends Council: 1. Adopt the resolution authorizing execution of the agreement between the City and School District. 2. Adopt the resolution authorizing two (2) additional Police Officer positions and appropriating the necessary funds to the Police Department budget. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: