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HomeMy WebLinkAboutLW13-258 - Original - Kent School District - School Resource Officer Agreement - 09/01/2013 , ecords e e* KENT "" WAS I INo,oR Documents. w.i CONTRACT COVER SKEET 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: b This is assigned by City Clerk's Office Project Name: School Resource Officer Agreement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 9/1/13 Termination Date: 8/31/14 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Law Detail: (i.e. address, location, parcel number, tax id, etc.): i S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 �l SCHOOL RESOURCE OFFICER (SRO) AGREEMENT BETWEEN THE KENT POLICE DEPARTMENT AND THE KENT SCHOOL DISTRICT 2013-2014 THIS SCHOOL RESOURCE OFFICER (SRO)AGREEMENT(hereinafter"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, whiieEuldPng heathy relationships with students of the-District,- 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: i 1. TERM i The Agreement shall be effective September 1, 2013 through August 31, 2014,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 i The Department shall provide two(2) commissioned police officers to work as SROs in the District for twelve (12) months 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 the campuses 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 the campuses as deemed appropriate by school administrators and the respective school principals. i 1 i �I c. Each SRO shall respond to school incidents in the District as necessary and support District administrators and staff with school safety inquiries and/or needs for assistance. d. Each SRO will provide assistance to enforce the law and school rules on school grounds, conduct j 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 the Department acknowledges that each SRO 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 from nonconsensual disclosure of such records to third parties without lawful authorization. g. Each SRO will be a positive adult role model and 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 with contacting truant children and their parents. k. Each SRO will perform other duties as mutually agreed upon by the Kent School District and the Department. I. The Department reserves the right to utilize one or both of the SROs from the end of the school j year to the beginning of the next school year for emergency Department operational needs as determined or declared by the mayor of the City of Kent. Emergency operational needs include but are not limited to the following: severe staffing shortages, natural and/or manmade disasters, or unforeseen city emergencies. In the event that such an emergency arises,the Department will make reasonable efforts to give timely advanced notice to the District and will make reasonable efforts to minimize the duration of their utilization. The Department will also refund the District for all time that one or both SROs are not performing workfor the District pursuant to this section 2(I). 3. CONSIDERATION The total compensation for two (2) commissioned officers for the length of this Agreement is set forth in Attachment A to this Agreement. Attachment A reflects the District's agreement to reimburse the Department sixty percent (60%)of the total compensation (salaries, benefits)for two (2)commissioned SROs, as mutually agreed by the parties in Attachment A.The sixty(60%) reimbursement obligation of the total compensation amount shall be spread across twelve (12) approximately equal monthly payments payable to the Department; provided, in the event this j Agreement is executed after the term of this Agreement begins,the District shall pay the total i compensation as set forth in Attachment A, but will have fewer months to make such payments.The District shall pay said reimbursement upon submission by the Department of a monthly invoice. i 2 4. WORK SCHEDULE It is the intent of this Agreement that the SROs work during scheduled class times and cover the start of school and release of school. Each SRO shall work other hours and days agreed upon by the District, Department, and the officer providing the services; provided,that each SRO's work schedule shall be subject to the terms and conditions set forth in his or her collective bargaining agreement,which sets forth hours of work,days off,vacation, holidays, etc. One SRO will be assigned to work Monday through Thursday.The second SRO will be assigned to work Tuesday through Friday. 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 costs for 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 to be charged therewith; and no evidence of any waiver of modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this Agreement,or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing duly executed as aforesaid; and 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 hereto,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 material 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 in section 3 above. I In addition, each party shall have the right to remove a specific SRO from District. Any officer selected to replace an SRO will be mutually agreed upon by the Department and District as set forth in section 2 above. 8. TRAINING i 3 l i The District agrees to permit SROs to attend training sessions required by the Department, provided the Department notifies the District of such training ten (10) days in advance.The Department shall provide the District's Chief Information and Digital Strategy Officer,who oversees the District's Safety Services department, notice sufficiently in advance to 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 To the extent permitted by law,the District shall defend, indemnify and hold harmless the Department and its officers, agents and employees, or any of them,from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or omission of the District, its officers, agents, and employees or any of them relating to or 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 either intentional act(s) or the negligence of the Department, its officers, agents and employees or any of them where the District did not contribute to such negligence. Similarly,the Department shall defend, indemnify and hold harmless the District and its officers, directors, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, out of any act or omission of the Department, its officers, agents and employees,or any of them in the performance of this Agreement. The Department shall not defend, indemnify or hold the District harmless from any claims,actions or suits for injury, damage or loss of any kind caused by either intentional act(s)or the sole negligence of the District, its officers, directors, agents and employees or any of them. Notwithstanding any other provision of this Agreement, in executing this 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,effect,or enforcement of District policies, rules or regulations. If any cause, claim,suit, action,or administrative proceedings is commenced in which the enforceability or validity of any such District policy, rule or regulation is at issue,the District shall defend the enforceability or validity of such policy, rule or regulation 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 to, or the 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 in 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. 4 II 11. 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,orjudicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County,Washington. 12. COMPLIANCE WITH LAWS The parties hereto agree to, in carrying out the terms of this Agreement, 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.The Department and its officers, agents and employees in carrying out this Agreement 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,or the presence of any sensory, mental or physical disability-. 13. NOTICES All notices given herein shall be in writing and shall be sent by personal service or registered mail to the parties at their recognized business addresses. For the District, notice shall be sent by personal service or registered mail to the to the District's Chief Information and Digital Strategy Officer who oversees the District's Safety Services. 15. 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. 16. 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,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 or any representations, including the executing and delivery hereof,except such representations as are specifically set forth herein, and each of the parties hereto acknowledges that it has relied on its own judgment in entering into this Agreement. 5 IN WITNESS WHEREOF,the parties have affixed their signature on the dates below. II KENT SCHOOL DISTRICT CITY OF KENT/KENT POLICE DEPARTMENT I Dr. Edward Lee Varga OU rintendent Su t �C oke, Mayor Date Date « f� I i 6 i ATTACHMENT 'A' TO SRO AGREEMENT The parties agree that the total compensation for all SROs provided by the Department under this agreement will be $225,409.56. Unless modified by mutual agreement as set forth in section 6,this 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, equals $135,245.74. Unless modified by mutual agreement as set forth in section 6,this will be considered the District's total reimbursement obligation 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, subject to the Department's obligations to refund the District as set forth in section 2(I). The District shall pay said reimbursement in twelve (12)approximately equal monthly payments spread over a one year period starting September 1,with each payment being made upon submission by the Department of a monthly invoice; provided, in the event this Agreement is executed after the term of this Agreement begins, the District shall pay the total compensation as set forth in this Attachment, but will have fewer months to make such payments. IN WITNESS WHEREOF, the parties have affixed their signature on the dates below. KENTS OOL D S RICT CITY OF KENT KENT POLICE DEPARTMENT Dr. Edward Lee Vargas,S pe ' tendent Suzett o e, Mayor Date Date 7 REQUESTAY SIGNATURE T Please Fill in All Applicable Boxes wns HIwITTl + Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator. Phone (Originator): Date Sent: i '; v , r Date Required: Return Signed Document to: , .�_. E,w _ CONTRACT TERMINATION DATE ti _ 1 t „ VENDOR NAME: DATE OF COUNCIL APPROVAL:j f Brief Explanation of Document: qtl `•,.:s.� E q{'�,�:t �' t..id i > +�.��`e--i::'�' All Contracts Must Be Routed Through the Law Department (This area (o he completed 8y the Lary Depar(nu=nt) Re[eived: i Approval of Law Dept Law Dept. Comments. t f( % r Date Forwarded to Mavor: Shaded Areas to Be Completed by Administration Staff I : ° !"Aa° Received: RECIEWED Recommendations '& Comments: Disposition: }'d; �% i ftt/r'y 12 j, CITY CLERK r. bate Returned: