HomeMy WebLinkAboutPasco School District SRO 2015 - 2016WHEN RECORDED RETURN TO:
City of Pasco. Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL AGREEMENT
for
SCHOOL RESOURCE OFFICER
Between
PASCO DISTRICT NO. 1 and CITY OF PASCO, WASHINGTON
THIS INTERLOCAL AGREEMENT is made and entered into this day of
August, 2015, by and between the Pasco School District No. I, hereinafter referred to as
"District", and the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as
"City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
1. Purpose. It is the purpose of this Agreement to
A. Enhance the safety and security of students, teachers, staff and visitors
and provide patrol of the various campuses of the District located within the City of
Pasco, Washington.
B. Provide for the presence of armed and uniformed City Police Officers
both inside and outside the school buildings on selected campuses of the District
during certain school hours in support of such safety and security and the maintenance
of a secure and peaceful learning atmosphere.
C. Provide for prevention, intervention, and prompt effective enforcement
by the City's Police Department in situations involving, but not limited to:
I) Maintenance of order;
2) Use, possession, or sale of illegal drugs and alcohol on school
premises;
3) Crimes against persons;
4) Crimes against property; and
5) Any other situations or activities which require the intervention of
Interlocal Agreement between Pasco School District No. 1 and the Cit}of Pasco.
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law enforcement officers.
D. Provide for participation by police officers in the educational activities and
role modeling to foster and enhance knowledge of and respect for law enforcement and law
enforcement officers by students and the community.
E. Provide positive and supportive interface between law enforcement
representatives and the District's substance abuse, harassment and bullying prevention
efforts including, but not limited to Natural Helpers, Student Assistance Teams, and other
intervention and prevention efforts by the District.
2. Statement of Work. The City shall furnish the necessary personnel and
services and otherwise do all things necessary for and incidental to the performance of the
work stated herein. The City shall:
A. Station a full-time uniformed police officer ("School Resource
Officer" or "SRO") at each of the following schools during the 180 days when
school is in session during the months of August through June:
1) Pasco High School (8 hours/day).
2) Chiawana High School (8 hours/day).
3) Stevens Middle School (8 hours/day).
4) Ochoa Middle School (8 hours/day).
5) McLoughlin Middle School (8 hours/day beginning in the 2016-2017
school year).
Office space shall be provided as available at each school for the use of the
SRO. Such office shall be equipped with one office desk and chair, and one locking
cabinet. The City shall provide a lockable cabinet capable of securing police
department equipment when not in use by the officer. The SRO will remain an
employee of the City.
B. The SRO services are provided as in independent contractor and nothing
contained herein shall be deemed to make the SRO an employee of the District, nor to
empower the SRO to bind or obligate the District in any way. The City is solely
responsible for paying all of the SRO's wages and benefits, as well as directs the manner
or performances of such service under this Agreement.
C. Cooperate with the District to provide training and education to each
assigned officer to insure effective communication and interrelation with the school
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community and its students
D. Cooperate with the District to monitor and evaluate the effectiveness of
the assigned officers and the program.
E. Meet as needed during the academic year with the District's
representative (as designated by the District) to evaluate the effectiveness of the
program;
F. Cooperate with the District's representative to investigate and report on
any complaints regarding the conduct of an assigned officer, share fully, as permitted
by law, with the District's representative all results of such investigations for the
purpose of responding to each complaint and cooperate to resolve each complaint.
Provided, that it shall be the responsibility of the District to respond to any complaint
the District received from a student, parent or patron of the District and communicate
the results of any investigation to such person or persons.
3. Terms and Conditions. All rights and obligations of the parties to this
Agreement shall be subject to and governed by the terms and conditions contained in the text
of this agreement.
4. Period of Performance. Subject to its other provisions, the period of
performance of this Agreement shall commence on August 1, 2015, and shall expire on the
30th day of June, 2016, unless terminated sooner as provided herein. The District's
representative shall provide the Chief of Police with a school -year calendar annually. The
principal of each building shall be responsible for notifying the Chief of the City's Police
Department of the school site calendar, schedule of events and activities, and any changes
in the same. The principal shall determine the specific hours when an officer shall be present
within the limits set forth in Section 2.A of this Agreement.
5. Selection and Transfer of School Resource Officers.
A. The Chief of Police or designee shall conduct an internal selection process
and provide the school principal of the school to which the officer will be assigned the
names of suitable qualified candidates. The principal and/or District representative shall
interview and select the SRO considering the following criteria:
1) Ability to deal effectively with students.
2) Ability to present a positive image and symbol of the entire police
agency and to foster a positive image of police officers among young people.
3) Sincere desire to work with the staff and students at a particular
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school to which he/she is assigned.
4) Ability to provide quality educational services and/or resources in
the area of law enforcement. The education, background, experience level, and
communication skills of the SRO must be of high caliber so he/she can effectively
provide resource teaching services when requested.
5) Ability and desire to work cooperatively with the principal and
school staff.
B. To transfer a SRO from his/her position at an assigned school, the
following procedures will apply:
1) The principal will recommend to the Superintendent or designee
that the SRO be removed from the program at the school, stating the reasons for
the recommendation in writing. Within a reasonable period of time after receiving
the written recommendation, the Superintendent or designee will meet with the
Chief of Police or designee to mediate or resolve any problem that may exist
between the SRO and the staff at the assigned school. With the agreement of the
Superintendent and Chief of Police or their designees, the SRO and specified
school staff may be required to be present at the resolution meeting. If, within a
reasonable period of time after the resolution meeting, the problem is not
resolved, in the opinion of both the Superintendent and the Chief of Police or their
designees, then the SRO will be removed from the program at the school and a
replacement will be selected as provided in this Agreement.
2) When the City elects to reassign an SRO to other duties for reasons
such as, but not limited to, transfer or promotional opportunities, discipline,
resignation/retirement, etc., adequate notice will be provided to the District and a
replacement will be selected as provided in this agreement.
3) The City and the District will schedule regular meetings with their
representatives to review the SRO program and address any issues or concerns.
6. Payment.
A. The District shall reimburse the City for its actual costs of employment of
the SRO, and shall be that amount determined by negotiated wage agreements between the
City and the Police Officer's Collective Bargaining Unit.
I ) For the period of August 1, 2015, through June 30, 2016, the District
shall reimburse the City for the salary and benefit expenses to employ the four
assigned officers for 180 days, or 5,760 (tours for an estimated amount of
$300,441.60.
Interlocal Agreement between Pasco School District No. 1 and the City of Pasco.
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B. Actual amounts are to be determined by the parties based upon any
negotiated wage increase between the City and the police officer's collective bargaining
unit and the officers assigned. The City and and the District will share equally the cost of any
training received by the officer that is specific to school resource officer services.
C. Due to early release days and other regularly scheduled non -school days
when an officer's presence is not required for a full eight (S) hours, in consideration for
compensation as stated in section 4 above, the City agrees to provide officers during the
school year for activities outside of the regularly scheduled school assignment. Requests for
an officer's presence at school activities outside of the officer's regularly scheduled school
assignment during the school year will be compensated separately at the estimated rate of
52.16 per hour for 2015, and $52.59 per hour for 2016.
7. Billinc Procedure. The City shall submit a monthly invoice or billing statement to
the District. Payment shall be made to the City according to the regular procedures of the District.
If for any reason the District exhausts its budgeted funds for payment to the City for its
services described herein or funds from any expected funding source become unavailable, the
District shall notify the City and the obligations of the City shall immediately cease and this
agreement terminate, unless the District otherwise assumes the obligations for the payment of
services rendered by the Police Department.
8. Non-discrimination. In the performance of this agreement, the District and the
City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC
200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60
RCW, as now and hereafter amended. Both shall not, except as they may be specifically
allowed by laws to do so, discriminate on the basis of race, color, national origin, sex, sexual
orientation, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or
the presence of any sensor, mental, or physical handicap.
In the event of non-compliance by either party or refusal to comply with the above
provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The
non- complying party shall, however, be given a reasonable time in which to cure this non-
compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
9. Records Maintenance. The City shall maintain books, records, documents and
other evidence that sufficiently and effectively reflect all direct and indirect costs expended in the
performance of the services described herein for which they will seek reimbursement from the
District. These records shall be subject to inspection, review or audit by the personnel of both
parties, other personnel authorized by either party, the Office of the State Auditor and federal
officers, if any, so authorized by law. The City and District shall retain all books, records,
documents, and other materials relevant to this agreement for five (5) years after
Interlocal Agreement between Pasco School District No. land the City of Pasco.
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expiration. The office of the State Auditor, federal auditors, and any persons authorized
by the parties shall have full access and the right to examine any of these materials
during this five-year period.
10. Responsibilities and Authority of School Administrator. The principal
or other administrator designated by the District is responsible for the supervision and
daily operations of the school shall, subject to the lawful exercise of the officer's law
enforcement responsibilities, schedule, assign and direct the officer's duties under this
agreement.
The principal is responsible for the investigation of non -criminal incidents that
occur at or are related to the school. Ifthe principal finds that he or she or any individual
is in physical danger, the principal may request the law enforcement officer to assist him or
her.
In the case of a search of student property for the violation of District rules or
other administrative reasons, the school principal or designated administrator or District
employee will conduct the search. Once the principal has reason to believe that a crime
has been or may be committed, the principal or other designated administrator shall
request the law enforcement officer to assume responsibility.
To the extent such action does not preclude the officer from executing his/her legal
obligations or jeopardize an ongoing criminal investigation, the building administrator shall
have the responsibility to contact and report to parents and patrons regarding activities
and findings of the law enforcement officer, where appropriate.
11. Indemnification. Each party shall defend, protect and hold harmless the
other party from and against all claims, suits and/or actions arising from any negligent or
intentional act or omission of that party's employees or agents while performing under this
Agreement.
12. Agreement Alterations and Amendments. The District and the City may
mutually amend this agreement. Such amendments shall not be binding unless they are in
writing and signed by the personnel authorized to bind the District and the City.
13. Termination. Except as otherwise provided for in this agreement, either
Party may terminate this agreement by providing sixty (60) days advance written
notification to the other party of their intent to terminate the agreement. If this agreement
is so terminated, the terminating party shall be liable only for performance, in accordance
with the terns of this agreement for performance rendered prior to the effective date of
termination.
12. Interlocal Aereement Provision. This Agreement is entered into pursuant to
RCW 39.34.
Interlocal Agreement between Pasco School District No. 1 and the City of Pasco.
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No special budget or funds are anticipated, nor shall be created. It is not intended that a
separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring,
holding, or disposing of real or personal property other than as specifically provided within the
terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall
be designated as the Administrator of this Interlocal Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by
subject on either parties' website or other electronically retrievable public source.
13. Savings. Should any portion of this agreement be declared illegal, the
balance of the agreement shall remain in full force and effect to carry out the purposes of
this agreement.
14. Disputes. In the event that a dispute arises under this agreement, it shall be
resolved in the following manner: The Director of Educational Services of the District
shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a
member to the Dispute Board. The Director of Educational Services and the Pasco Chief
of Police shall jointly appoint a third member to the Dispute Board. That person shall
act as chairperson, convene the Dispute Board and cause a determination of the dispute,
arrived at by a majority of the Board, to be rendered in a timely manner. In the event the
parties are unable to agree on a third member of the Dispute Board, that member shall be
selected pursuant to RCW 7.04A by a Franklin County Superior Court Judge. The
determination of the Dispute Board shall be final and binding on the District and the
City.
15. Notices. Any notices required herein or related hereto shall be delivered in
writing to the District at:
Pasco School District No.1
Attn.: Superintendent
1215 West Lewis Street
Pasco, WA 99301
And to the City at -
Chief of Police
Pasco Police Department
525 North 3rd Avenue
Pasco, WA 99301
Interlocal Agreement between Pasco School District No. 1 and the City of Pasco.
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16. All Writings Contained Herein. This Agreement contains all the terms and
conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject
matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement.
IN WITNESS WHEI.FOF, the parties have executed this agreement effective this
day of `�+.2y0RklkuRz-- 2015.
CITY OF PASCO, WASHINGTON
Davt{befl-Cffy Manages
A t:
ebbe ark. City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
PASCO SCHOOL DISTRICT NO. 1
f/
Ryan Bidult. President
Board of Directors
st:
aundra Hill. Superintendent
Approved as to Form:
Interlocal Agreement between Pasco School District No. I and the City of Pasco.
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STATE OF WASHINGTON)
ss.
County of Franklin
On this day personally appeared before me Dave Zabell, City Manager of the City of
Pasco, Washington, to be known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
rl under my hand and official seal 's day of 2015.
anaaH�Mq�.J� /
s NOTARY C in an4945" Stato 'Washington
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p * _ Residing at: �yf t,
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STATE OF WASHINGTON )
ss.
County of Franklin
On this day personally appeared before me Ryan Brault, President, Board of Directors of
Pasco School District No. 1, to be known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that she signed the same as her free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under 1181 my hand and official seal this 17\ ' �1�
j _L&_ day of �� 2015.
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/��/4 NOTARY PUBLIC in andf r the State of Washington
Residing at: _s �y`ti' -X
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