HomeMy WebLinkAboutPasco School District No. 1 - School Resoruce Officer Interlocal AgreementWHEN 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 Z ftday of
August, 2018, by and between the Pasco School District No. 1, 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:
1) 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
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5) Any other situations or activities which require the intervention of
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)
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
community and its students.
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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, 2018, and shall expire on the
30th day of June, 2020, 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
school to which he/she is assigned.
4) Ability to provide quality educational services and/or resources in
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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. Included in the
reimbursement amounts listed below are the 3.5% non-LEOFF employer billings for
DRS in compliance with RCW 41.26.450.
1) For the period of August 1, 2018, through June 30, 2019, the
District shall reimburse the City for the salary and benefit expenses to employ the
five assigned officers for 180 days, or 7,200 hours for an estimated amount of
$450,504.00; and
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2) For the period commencing on August 1, 2019, through June 30,
2020, the District shall reimburse the City for the salary and benefit expenses to
employing the five officers for 180 days, or 7,200 hours for an estimated amount
of $457,848.00.
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 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 (8) 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 $65.49 per hour for 2018, $66.80 per hour for 2019, and $68.13 per hour for 2020.
7. Billing 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.
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
expiration. The office of the State Auditor, federal auditors, and any persons authorized by the
Interlocal Agreement between Pasco School District No. I and the City of Pasco.
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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. If the 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 terms of this
agreement for performance rendered prior to the effective date of termination.
In the event of an unforeseen and dramatic change of conditions which causes the District to
exhaust its budgeted funds, PSD can immediately terminate this agreement.
14. Interlocal Agreement Provision. This Agreement is entered into pursuant to
RCW 39.34.
No special budget or funds are anticipated, nor shall be created. It is not intended that a
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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.
15. 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.
16. 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.
17. Notices. Any notices required herein or related hereto shall be delivered in
writing to the District at:
Pasco School District No. ]
Atm.: 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
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18. 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.
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IN WITNESS WHEREOF, the parties have executed this agreement effective this
day of 2018.
CITY OF PASCO, WASHINGTON PASCO SCHOOL ISTRICT NO. 1
Dave Zabell, City ager Steve Ug -Stensen, President
Board of Directors
Attest:
Daniela Erickson, City Clerk
Approved as to Form:
and B. Kerr, City Attorney
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.
❑111111111111111k11111 jffifrr mly�hand and o cial seal this '�iay of 14S
�2018.�
Notary Public
State of Washington
DANIELA P. ERICKSON 9 NOTARY PUB in and for the State of Washington
MY COMMISSION EXPIRES= Residing at: SC a
MARCH 16, 2022
_ My Commission Expires: _ C7111(0
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STATE OF WASHINGTON )
ss.
County of Franklin
On this day personally appeared before me Steve Christensen, 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.
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GIVEN under my hand and official seal this l t*day of �� 2018.
S�N m,$N�19�'' V
TAR PUBLIC in and for the State of Washington
Residing at:'PascoLA A
NOIq `u: = My Commission Expir s: Ol 12-01"101
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