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HomeMy WebLinkAboutCAG2021-388 - Original - Kent School District - School Safety Services Liaison Agreement - 09/01/2021 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: 40 •kkv For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Jalene King Police Date Sent: Date Required: > 08/31/2021 9/1/2021 0 QAuthorized to Sign: Date of Council Approval: Q �✓ Mayor or DesigneeJrL 8/17/2021 Budget Account Number: Grant? Yes NoF-] multiple payroll accounts Budget? Yes Type: N/A Vendor Name: Category: Kent School District Contract Vendor Number: Sub-Category: 33111 Original Q 0 Project Name: School Safety Services Liaison Agreement cProject Details: Commander to facilitate c c Basis for Selection of Contractor: Agreement $220 744.48 Other E GJ *Memo to Mayor must be oaached A- Start Date: 9/1/2020 Termination Date: 8/31/2022 lm a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑YesF1 In-Process F1 Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: Yes❑No CAG2021-388 Comments: 9/1/2021, TW. 0 � c { 0 3 � r N a Date Received:City Attorney: 9/1/2 1 Date Routed:Mayor's Office City Clerk's Office 9/2/21 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 SCHOOL SAFETY SERVICES LIAISON AGREEMENT BETWEEN THE KENT POLICE DEPARTMENT AND THE KENT SCHOOL DISTRICT 2021-2022 THIS AGREEMENT is made and entered into by and between the City of Kent and the Kent Police Department, hereinafter referred to collectively as the "Department," and the Kent School District, hereinafter referred to as the "District." RECITALS The District desires to fill the position of School Safety Services Liaison with a law enforcement officer who is employed by the Department and holds the rank of Commander or higher, and who can bring valuable experience and provide advice to District safety officers. The Department desires that its senior officers have the opportunity to: (a) partner with a large local school district in the community; (b) gain valuable administrative, command, and community relations experience; and (c) experience unique professional growth and development. The District and the Department share a compelling common value in seeing that the community enjoys a safe, secure environment for its students and staff, while reserving formal school discipline duties and responsibilities to school administrators. Under the provisions of the Laws of 2021, Ch. 38, § 6, the District is required, when it elects to engage the services of a commissioned law enforcement officer to work in schools to enter into an agreement that meets the requirements of that statutory provision, including evidencing that it meets the requirements of RCW 38A.320.124(1); that it addresses the joint hiring, placement, and performance evaluation of police officers to fulfill the role of school resource officer(s); and that school resources officers meet the training requirements of Laws of 2021, Ch. 38, § 3(2) or § 4(4); NOW, THEREFORE, and in consideration of the mutual promises set forth herein, the parties mutually agree as follows: AGREEMENT 1. TERM This Agreement shall be effective for a one-year term beginning from September 1, 2020, through August 31, 2022 ("Initial Term"), subject to any prior termination as provided herein and unless extended by written agreement of the parties. If this Agreement is signed on a date after the commencement of the District's 2020-2021 school year, the terms of this Agreement shall apply retroactively to September 1, 2020. 1 The parties may opt to extend the term of this Agreement, on the same terms and conditions as set forth herein, for up to five (5) successive periods of twelve (12) months each (each, a "Renewal Term"); provided, Attachment A to Section 3 entitled "Consideration" shall be adjusted annually as provided in that section. All extensions shall be in writing and shall be approved by the District and the Department. The Mayor is authorized to approve and execute said extensions, without further authorization of the City Council. 2. DUTIES OF THE DEPARTMENT The Department, with the District's approval, shall provide an officer the rank of Commander or higher to serve as the District's School Safety Services Liaison, hereafter referred to as the "Liaison," for the purpose of assisting with communication and logistics between the two organizations relating to school safety. The placement of a particular command level officer in the assigned Liaison role will be a decision mutually agreed upon by the Department and District. Additionally, the Department will consult with a representative designated by the District concerning the Liaison's performance during the term of this Agreement as provided for by the Laws of 2021, Ch. 38, § 6. In accordance with District policy and procedure, and the terms of this Agreement, the following describes the general duties to be performed by the Liaison: a. Provide advice and direction to personnel regarding best practices to help ensure a safe and secure learning environment. b. Respond to school incidents as necessary. C. Periodically review and recommend revisions to the procedures and protocols for school safety. d. Support administrators and staff with school safety inquiries and/or needs for assistance. e. Assist in the development of Kent School District emergency management practices and procedures. f. Assist in the establishment and implementation of emergency operation procedures and threat assessment procedures for buildings. g. Help establish and maintain security procedures focused on prevention of problems in schools and the community. h. Help foster an attitude promoting a safe school environment. i. Present the monthly safety services report to the Board. j. Attend the monthly safety services meeting. The Department shall provide the Liaison a vehicle, radio communication, cellular phone, uniform, and other necessary equipment provided to the Department's on-duty 2 commanders to enable the Liaison to perform his/her duties with the District. The District shall provide the use of office space, mobile computer or similar device, and a District email account to the Liaison. 3. DISTRICT POLICIES AND PROCEDURES CONCERNING LIAISON In accordance with the Laws of 2021, Ch. 38, § 5, and by the beginning of the 2021-2022 school year, the District is to adopt a policy and procedure that addresses a number of issues, including: a. A clear statement regarding safety and security staff duties and responsibilities related to student behavior and discipline that: (i) Prohibits the Liaison from becoming involved in formal school discipline situations that are the responsibility of school administrators, and (ii) Recognizes that trained safety and security staff know when to informally interact with students to reinforce school rules and when to enforce the law; b. Clarifies the circumstances under which teachers and school administrators may ask safety and security staff to intervene with a student; C. Explains how safety and security staff will be engaged in creating a possible school climate and positive relationships with students; and d. Describes the process for families to file complaints with the school and, when applicable, the local law enforcement agency that provides the safety and security staff, and a process for investigating and responding to complaints. However, any complaint process must ensure that any resulting investigation concerning the Liaison complies with Kent Police Department policies and procedures and the requirements of any applicable collective bargaining agreement. e. For purposes of this section, the statutory term "safety and security staff" is defined as including the Liaison provided by the Department under this Agreement. At the time this Agreement was prepared and signed, the District had not yet adopted the statutorily required policy and procedure. The parties agree that at such time as the District prepares the necessary policy and procedure, it will provide a copy to the Department for its review and comment. If the Department does not accept or otherwise agree with the final policy and procedure adopted by the District under the Laws of 2021, Ch. 38, § 5, the parties agree the Department may immediately terminate this Agreement upon the Department providing written notice to the District. If the Department formally accepts the policy and procedure established by the District, that policy and procedure shall become an addendum to this Agreement, and the Department agrees that the Liaison will perform the duties and responsibilities provided for by this Agreement in accordance with that policy and procedure. 3 Any changes to the District's policy and procedure established under the provisions of this Section 3 shall be presented to the Department for its acceptance. If at any time the Department does not accept any changes the District makes to its policy and procedure, the Department may terminate this Agreement immediately. 4. TRAINING In accordance with the Laws of 2021, Ch. 38, § 3 and § 4, the District and Department agree that the Liaison has, or will within the statutorily required time periods, obtained classroom training on the following subjects: a. Constitutional and civil rights of children in schools, including state law governing search and interrogation of youth in schools; b. Child and adolescent development; C. Trauma-informed approaches to working with youth; d. Recognizing and responding to youth mental health issues; e. Educational rights of students with disabilities, the relationship of disability to behavior, and best practices for interacting with students with disabilities; f. Bias-free policing and cultural competency, including best practices for interacting with students from particular backgrounds, including English learner, LGBTQ, immigrant, female, and nonbinary students; g. Local and national disparities in the use of force and arrests of children; h. Collateral consequences of arrest, referral for prosecution, and court involvement; i. Resources available in the community that serve as alternatives to arrest and prosecution and pathways for youth to access services without court or criminal justice involvement; j. De-escalation techniques when working with youth or groups of youth; k. State law regarding restraint and isolation in schools, including RCW 28A.600.485; I. The federal family educational rights and privacy act (20 4 U.S.C. Sec. 1232g) requirements including limits on access to and dissemination of student records for noneducational purposes; and M. Restorative justice principles and practices. Additionally, the District agrees to permit the Liaison to attend training sessions required by the Department, provided the Department notifies the District of such training ten (10) calendar days in advance. The Department shall provide the District's Chief School Operations & Academic Support 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 the Liaison. The District may likewise provide training to the Liaison on school in-service days. 5. DATA COLLECTION AND REPORTING The Department and District agree to work cooperatively and in good faith with one another to ensure the District is able to collect and report the data required by the Laws of 2021, Ch. 38, § 2 concerning incidents that resulted in student discipline, use of force against a student, or a student arrest; complaints involving the Liaison; and other school safety and security information that may be required by the Washington State Office of the Superintendent of Public Instruction. 4 6. CONSIDERATION In consideration of those services provided under this Agreement, the District shall provide the Liaison with the unique opportunity to obtain administration and community relations experience. The Liaison will be considered a part of the Superintendent's Cabinet and the District Leadership Team. Given the impacts from the COVID-19 pandemic, the parties agree that the Department did not charge the District for those services provided by the Department during the 2020-2021 school year. For the 2021-2022 school year and those thereafter, the total compensation for an officer the rank of Commander or higher to serve as the School Safety Services Liaison position 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 twenty-five percent (25%) of the total compensation (salaries/benefits) for one officer the rank of Commander or higher, as mutually agreed by the parties in Attachment A. The twenty- five percent (25%) 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 Agreement is executed after the term of this Agreement begins, the District shall pay the total 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. Annual Cost Rate Increases. For each successive twelve-month Renewal Term, the parties agree that the total compensation (salaries/benefits) shall increase based on the actual salary and benefit costs as provided by the City of Kent. 7. WORK SCHEDULE The Liaison shall be on duty with the District, as needed, to fulfill the duties outlined in Section 2 above. The parties will coordinate the Liaison's schedule, to the best extent practicable, to ensure the needs of the District and the Department are both adequately met. 8. MODIFICATION No waiver or modification of the 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 proceedings 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. 9. TERMINATION OF AGREEMENT This Agreement may be terminated immediately by the Department as provided for in Section 3 above, or by either party upon the material breach of the Agreement by the other party. Otherwise, this Agreement may be terminated without cause at any time by mutual agreement of the parties or by either party sixty (60) days following the other 5 party's receipt of written intent to terminate. In the event of termination under this section, the Department will be entitled to receive, to the date of such termination on a pro-rated basis, the compensation as set forth in Section 6 above. In addition, each party shall have the right to remove a specific Liaison from the District. Any command level officer selected to replace a Liaison will be mutually agreed upon by the Department and District as set forth in Section 2 above. 10. 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 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 the negligence of the District, its officers, directors, agents, and employees or any of them where the Department did not contribute to such negligence. 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 or the acts of District employees, volunteers, or students. If any cause, claim, suit, action, or administrative proceedings is commenced in which the enforceability or validity of any District policy, rule, or regulation is at issue, the District shall defend the enforceability or validity of the 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. 11. MEDICAL/HEALTH AND WORKERS COMPENSATION BENEFITS In the event of any injury, illness, or death of the Liaison, the Liaison shall be considered an employee of the Department while acting in performance of this Agreement, and the Department agrees to extend to the Liaison 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 the regular work assignment in and for the Department. 6 12. LIAISON OF SCHOOL SAFETY IS AN EMPLOYEE OF THE DEPARTMENT The Liaison shall, at all times, be considered an employee of the Department, and shall for no purpose be considered an employee of the District. The District shall have no obligation to provide the Liaison with any workers' compensation or other benefits, and the salary of the Liaison shall be paid in full by the Department. 13. 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. 14. 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 race, color, national origin, sex, age, creed, sexual orientation, marital status, veteran status, or disability. iS. NOTICES All notices shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. 16. 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. 17. 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 representations with respect to the subject matter of the Agreement except such representation as are specifically set forth herein, and each party acknowledges that it has relied on its own judgment in entering into this Agreement. 7 18. RATIFICATION All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of this Agreement shall be deemed to have applied. IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below Kent School District City of Kent y IYr-A Israel Vela, Interim Superintendent Dana Ralph (Mayo 9 Date Date 8 ATTACHMENT "'A" TO SCHOOL SAFETY SERVICES LIAISON AGREEMENT The parties agree that the total cost to the Department to provide a School Safety Services Liaison, with a law enforcement officer who is employed by the Department and holds the rank of Commander or higher, to the District for the 2021-2022 school year, in accordance with the terms of the parties' Agreement, is $220,744.48 regardless of actual salary or benefit adjustments that may be made by the Department for the Commander. The District's reimbursement obligation, which is twenty-five percent (25%) of the total cost to the Department for the Liaison provided to the District, equals $55,186.12 This sum will be considered the District's total reimbursement obligation for the Liaison 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 officer the rank of Commander or higher. The District shall pay said reimbursement in twelve (12) approximately equal monthly payments spread over a one-year period starting September 1, 2021, 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. The amounts provided for in this Attachment "A" shall be adjusted annually for each 12- month Renewal Term and shall be based upon the actual salary and benefit cost to the Department for the Liaison. Each adjustment shall be memorialized through an amendment to this Attachment "A", which shall become an addendum to this Agreement upon acceptance by the District and the Department. IN WITNESS WHEREOF, the parties have affixed their signature on the dates below in order to evidence their acceptance of the District's reimbursement obligation under the parties' Agreement for the 2021-2022 school year. KENT SCHOOL DISTRICT CITY OF KENT Israel Vela, Interim Superintendent Dana Ralph, Mayo Date (, c -o�Co. aL)d" '] Date �•� 9