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HomeMy WebLinkAboutPD12-281 - Original - Kent School District - School Resource Officer (SRO) Agreement - 09/01/2012 Records OieerT9 KENT Fe �� "� WASHINGTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Kent School District Vendor Number: JD Edwards Number Contract Number:( � This is assigned by City Clerk's Office Project Name: School Resource Officer Agreement 2012-2013 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 9/1/12 Termination Date: 8/31/13 Contract Renewal Notice (Days): 30 days Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Police Detail: (i.e. address, location, parcel number, tax id, etc.): For Kent Meridian and Kentridge High School Gw, ►( 1010It S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 A SCHOOL RESOURCE OFFICER SRO AGREEMENT BETWEEN THE KENT POLICE DEPARTMENT AND THE KENT SCHOOL DISTRICT 2012-2013 THIS AGREEMENT is made and entered into by and between the City of Kent/Kent Police Department (hereinafter referred to collectively as the"Department") and the Kent School District, hereinafter referred to as the"District"for the provision of School Resource Officers(SROs) WHEREAS,the District desires to have the presence and assistance on school campuses of commissioned law enforcement officers who can work collaboratively with school personnel to enforce the law and school rules while building healthy relationships with students of the district, and WHEREAS,the Department desires to partner with local school districts and seeks an opportunity for its officers to positively impact the community; and WHEREAS,the District and the Department share a compelling common value in seeing that the community enjoys a safe,sustainable, healthy,and respectful learning environment for its students and staff; NOW,THEREFORE,for and in consideration of the mutual promises set forth herein,the parties hereto mutually agree as follows: 1. TERM The Agreement shall be effective September 1,2012 through August 31,2013,subject to any prior termination as provided herein and unless extended by written agreement of parties hereto 2. DUTIES OF THE DEPARTMENT AND ASSIGNED SROs The Department shall provide two (2)commissioned police officers to work as SROs in the District for the purpose of assisting school personnel in enforcing the law and school rules, while maintaining a safe, sustainable, healthy, and respectful learning environment for students and staff. The placement of a particular officer in the role of SRO will be a decision mutually agreed upon by the Department and District. a. One SRO will be assigned to the campuses of Kent-Meridian High School and Mill Creek Middle School,with time split between each campus as deemed appropriate by school administrators and the respective school principals. b. One SRO will be assigned to the campuses of Kentridge High School and Meridian Middle School,with time split between each campus as deemed appropriate by school administrators and the respective school principals 1 I c. Each SRO shall respond to school incidents in the District as necessary and shall support district administrators and staff with school safety inquiries and/or needs for assistance d. Each SRO will provide assistance in enforcing the law and school rules on school grounds, will conduct investigations as necessary,and advise/consult with school personnel regarding best practices for ensuring a safe and secure learning environment. e. Each SRO will develop a daily routine that ensures high visibility to staff,students, parents and community stakeholders f. Each SRO will have access to education records of district students consistent with access available to members of the District's Safety Services, but each SRO also understands that he or she is restricted in the same manner as other district personnel by the Family Educational Rights and Privacy Act(FERPA), 20 U S.C. 1232g,accompanying regulations, corresponding state law, and district policies regarding nonconsensual disclosure of such records to third parties without lawful authorization. g. Each SRO will be a positive adult role model and will develop positive relationships with students that promote learning and citizenship. h. Each SRO will work collaboratively with the District's Safety Services Director, including the preparation of reports as needed regarding school safety activity for the Superintendent and Board of Directors. I. Each SRO will assist, as needed, in the establishment and implementation of emergency operation procedures and threat assessment procedures for buildings. j. Each SRO will assist school administrators with the contact of truant children and their parents. k. Each SRO will perform other duties as mutually agreed upon by the Kent School District and Department. 3. CONSIDERATION The total compensation that the Department pays to employ the two SROs contemplated in this Agreement is$270,000.00 per year. In consideration for the services that the SROs provide pursuant to this Agreement,the District agrees to pay to the Department 60%of the total compensation for the two SROs, or$162,000.00 This amount shall be spread across 12 equal monthly payments payable to the Department. The District shall pay the reimbursement upon submission by the Department of a monthly invoice The failure of the Department to properly invoice the District shall not relieve the District from payment for services rendered. The consideration set forth in this section may be modified pursuant to Attachment A,which is incorporated into this Agreement. 4. WORK SCHEDULE Each SRO will be assigned a schedule making them available during normal school hours. One SRO will be assigned to work Monday through Thursday The second SRO will be assigned to work Tuesday through Friday. In addition,each SRO may work additional hours and days agreed upon by the District, Department,the bargaining unit for the Kent Police Officers,and the officer providing the services. 2 S. OVERTIME Costs associated with approved overtime for District business shall be paid by the District,except that costs associated with overtime for any Department trainings or functions not relating to District business will be paid by the Department. Overtime rates applicable to_District business shall be determined by the officers'collective bargaining agreement with the City of Kent. 6. MODIFICATION No waiver or modification of this Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties, and no evidence of any waiver of modification shall be offered or received in evidence during any proceeding or litigation between the parties, unless such waiver or modification is in writing duly executed as aforesaid. The parties further agree that the provisions of this section may not be waived except as herein set forth. 7. TERMINATION OF AGREEMENT This Agreement may be terminated without cause at any time by mutual agreement of the parties or by either party after thirty(30)days following the other party's receipt of a written intent to terminate Each party shall have the right to cancel and immediately terminate this agreement without prior notice upon breach of the Agreement by the other party. In the event of termination under this section,the Department will be entitled to receive,to the date of such termination on a pro rata basis,the compensation as set forth above. In addition, each party shall have the right to remove a specific SRO from duty for sufficient reasons. An officer selected to replace an SRO will be mutual) agreed upon b the Department and District Y p Y g p Y p as set forth in section 2 above S. TRAINING The District agrees to permit SROs to attend training sessions required by the Department, provided that the Department notifies the district of such training ten (10)days in advance. Advance notice will be provided to the District's Chief Information and Digital Strategies Officer, who oversees the District's Safety Services Department, and will allow the District to make other security arrangements in the absence of a school's SRO. The District may likewise provide training to SROs on school in-service days. 9. INDEMNIFICATION The parties agree that the District shall bear all responsibility and cost of defending any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages that relate in any way 3 whatsoever to School Safety Services, the security and safety of the District and its students, employees, and visitors, and/or the provisions of any services set forth in section 2 of this Agreement, and for this purpose, and notwithstanding Section 9 of this Agreement, the Director shall be considered an agent of the District. Further,to this end,the District shall defend, indemnify, and hold harmless the Director, and the Department and it's officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever relating to and arising out of the performance of the Agreement. The District shall not defend, indemnify or hold the Department harmless from any claims, actions, or suits for injury, damage, or loss of any kind caused by the intentional act (s) of the Director which are beyond the scope of this Agreement. In executing the Agreement,the Department does not assume liability or responsibility for,or in any way release the District from any liability or responsibility which arises in whole or in part from the existence or effect of District policies, rules, or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced in which the enforceability and/or validity of any such District policy, rule, or regulation is at issue, the District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the District, the Department, or both, the District shall satisfy the same, including all chargeable costs and attorney's fees. 10. MEDICAL/HEALTH AND WORKER'COMPENSATION BENEFITS In the event of any injury, illness or death of an SRO, such officer will be considered an employee of the Department while acting in performance of this Agreement, and the Department agrees to extend to any Department SRO the medical/health and workers'compensation benefits and other compensation,to the same extent and in the same manner as if such injury, illness, or death had occurred during regular work assignment in and for the Department.Any SRO provided pursuant to this agreement is not an employee of the District,and the District shall have no obligation to provide an SRO with any workers compensation or other benefits. 12. VENUE STIPULATION This Agreement shall be construed as having been made and delivered within the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity,or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County,Washington. 12. COMPLIANCE WITH LAWS In carrying out the terms of this Agreement,the parties agree to comply with all applicable federal, state,and local laws,ordinances, and regulations, including but not necessarily limited to,the laws pertaining to civil rights and laws pertaining to the District and the Department. In carrying out this Agreement,the parties agree that they will not in any way discriminate against others on the basis of sex, race,creed, religion, color, national origin, age,honorably discharged veteran or military status, sexual orientation including gender expression or identity,the presence of any sensory, mental or physical disability. 4 13. NOTICES All notices shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses For the District, notice shall be sent by registered mail to the to the District's Chief Information and Digital Strategies Officer who oversees the District's Safety�Services. 14. HEADINGS The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in no way do they define, limit,or describe the scope or intent of the provisions of this Agreement 15. AGREEMENTS OUTSIDE OF THIS AGREEMENT This Agreement contains the complete agreement between the parties and shall,as of the effective date hereof, supersede all agreements on the same subject, either written or oral, between the parties. The parties agree that neither of them has made any representation with respect to the subject matter of this Agreement, except such representations as are specifically set forth herein, and each party acknowledges that it has relied on its own judgment in entering into this Agreement. IN WITNESS WHEREOF,the parties have affixed their signature on the dates below. KENT SCHOOL DISTRICT CITY OF KENT/KENT POLICE DEPARTMENT tl Dr. Edward Lee Va �ss uperintendent 54efie--� 4� K-4e, NA(L o� Date t f l Z Date 5 ATTACHMENT `A' TO SRO AGREEMENT The total compensation that the Department pays to employ the two SROs contemplated in this Agreement is$270,000.00 per year. Unless modified by mutual agreement.$270,000.00 will be considered the total compensation for all SROs provided by the Department for the duration of the performance period of this Agreement, regardless of actual salary or benefit adjustments that may be made by the Department for its officers. The District's reimbursement obligation—sixty percent(60%)—of this total compensation for all SROs Provided by the Department comes to$162,000.00. Unless modified by mutual agreement,this will be considered the District's total reimbursement obligation for the two SROs Provided by the Department for the duration of the performance period of this Agreement,regardless of actual salary or benefit adjustments that may be made by the Department for its officers. The District shall pay said reimbursement in twelve(12)approximately equal monthly Payments spread over the calendar year.with each payment being made upon submission by the Department of a monthly invoice. In the event that the parties mutually agree to redetermine the amount of total annual compensation under this attachment during the performance period of the Agreement,the parties shall execute a new Attachment A to the Agreement. The redetermined total amount shall be multiplied by sixty percent (60%)and divided by twelve(12)to determine the amount of each monthly invoice as set forth in this agreement followine the redetermination. The first monthly invoice following the redetermination and newly executed Attachment A.and every invoice thereafter,will reflect the monthly portion of the District's reimbursement obligation of the redetermined total annual compensation. The redetermined total annual compensation will not be retroactive,and no invoice submitted prior to the redetermination will be changed to reflect the new total compensation determination. The redetermined monthly Portion of the Districts reimbursement obligation will be effective solely from the date of the new Attachment A and thereafter for the duration of the Performance period,unless and until mutually modified again by the parties. IN WITNESS WHEREOF,the parties have affixed their signature on the dates below. KENT SCHOOL DATRICT CITY OF KENT/KENT POLICED RTMENT Dr. Edward Lee Vargas, upe ntendent �� YV Date `( / Date 6 REQUEST FOR MAYOR'S SIGNATURE K E N T Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Kim Komoto Dept/Div. Police Extension: 5788 Date Sent: 11-21/12 Date Required: 11/26/12 Return to: Kim Komoto CONTRACT TERMINATION DATE: 1-31-2015 VENDOR: Kent School District DATE OF COUNCIL APPROVAL: 11/20/12 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The Kent School District desires to have the presence and assistance of commissioned law enforcement officers on the two Kent high schools and two feeder middle schools to work collaboratively with school personnel to enforce the law and school rules while building healthy relationships with students. The Kent Police Department desires to partner with the Kent School District seeking opportunities for Its officers to positively Impact the community. The District and Department share a compelling common value in seeking that community enjoys a safe, sustainable, healthy, and respectful learning.:emvironment for tis student and staff. ' All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) 1no r, Received: Approval of Law Dept.: g Law Dept. Comments: �1��, 5 a deu t L b+f Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff _----t Received: Recommendations and Comments: P ; Disposition: 7' Date Returned: , 1. � �s'.-