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HomeMy WebLinkAboutILA - Pasco School District - School Resource Officers ( SRO ) 2021WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL AGREEMENT for SCHOOL RESOURCE OFFICERS Between PASCO SCHOOL DISTRICT NO.1 and CITY OF PASCO, WASHINGTON THIS INTERLOCAL AGREEMENT is made and entered into this 1st day of March, 2021, 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 under RCW 39.34, INTERLOCAL COOPERATION ACT, which authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative agreement. 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 a City of Pasco Police Officer 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 Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco Page 1 of 9 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 one (1) police officer ("School Resource Officer" or "SRO") at each of the comprehensive high schools and station three (3) police officers among the middle schools and/or be available to utilize an SRO throughout the school district as needed when school is in session. 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 an 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 ensure effective communication and interrelation with the school 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. Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco Page 2 of 9 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, and the collective Bargaining agreement 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 February 18, 2021 and shall expire on the conclusion of the 2023 school year, unless terminated sooner as provided herein. This Agreement shall automatically renew for additional two (2) year terms beginning on June 30, 2023 and shall continue to renew thereafter for two (2) year terms unless terminated ninety (90) days prior to the renewal date. The renewal date shall be construed as the last day of the 241' month after the most recent Agreement extension commencement date. 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 a suitable qualified selection. The principal and/or District representative may participate in the selection process and provide feedback to the Chief of Police. The selection process will consider 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) Desire to work with the staff and students at a particular school to which he/she is assigned. Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco Page 3 of 9 4) Ability to communicate well and provide quality resource -teaching services when requested. 5) Ability and desire to work cooperatively with the principal and school staff. B. To transfer an 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 3.44% non-LEOFF employer billings for DRS in compliance with RCW 41.26.450. 1) For the period of February 18th, 2021 through the conclusion of the 2023 school year, the District shall reimburse the City for the salary and benefit expenses to employ the assigned officers for all hours worked on campus. B. Actual amounts are to be determined by the parties based upon any Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco Page 4 of 9 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, 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 $67.75 per hour for 2021-2022, and $69.11 per hour for 2022-2023. D. Billing for SRO hours will be dependent upon actual school days with students on campus. The school district may request SRO presence on a described campus (see 2.A) for non -student days as needed. 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 sensory, 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 parties shall have full access and the right to examine any of these materials during this five-year period. Interlocal Agreement Between Pasco School District No. I and the City of Pasco Page 5 of 9 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 and shall, subject to the lawful exercise of the officer's law enforcement responsibilities, work with the SRO to ensure student and staff safety. 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 Provisions. 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 separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco Page 6 of 9 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 Attn.: Superintendent 1215 West Lewis Street Pasco, WA 99301 And to the City at: Chief of Police Pasco Police Department 215 W Sylvester Pasco, WA 99301 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. IN WITNESS WHEREOF, the parties have executed this agreement effective this 1st day of March 2021. Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco Page 7 of 9 CITY OF PASCO, WASHINGTON Dave Zabell, i ager Attest: 'Ictg'6" � Debra Barham, CMC City Clerk Approve Form: STATE OF WASHINGTON ) ss. County of Franklin ) tipprovea as to r orm j� General 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. GIVEN under my hand and official seal this day of �i , 2021. t APRIL CULWELL NOTA Y PUBLIC in and for the State of Washington NOTARY PUBLIC #208573 Print Name: t— CLl t_1,�7�-lam STATE OF WASHINGTON Residing at: S 0 COMMISSION EXPIRES My Commission Expires: 2c�'13 JULY 19, 2023 Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco Page 8 of 9 STATE OF WASHINGTON ) . ss. County of Franklin } On this day personally appeared before me Amy Phillips, 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 my hand and official seal this 'a7 day of np: , I , 2021. s Vqll ej PUBLIC NOT PUBLIC in and for the State of Washington '4P Print Name: Jf1S to ( S Va%le i r t�68 y Residing at: 'l-1 2= My Commission Expires: 16 - c 4- a cI 'till OpMWASN lf111\\N�\���� Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco Page 9 of 9