HomeMy WebLinkAboutCAG2021-389 - Original - Kent School District - School Resource Officer - 09/01/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Mayor or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received: City Attorney:
Comments:
Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Local Business? Yes No*
Business License Verification:
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Yes In-Process Exempt (KCC 5.01.045)
Notice required prior to disclosure?
Yes No
Contract Number:
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms. (Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
Agreement Routing Form
For Approvals, Signatures and Records Management
(Optional)
Basis for Selection of Contractor:
* Memo to Mayor must be attached
Termination Date:
Authorized to Sign:
SCHOOL RESOURCE OFFICER AGREEMENT
BETWEEN THE KENT POLICE DEPARTMENT
AND
THE KENT SCHOOL DISTRICT
202L-2022
THIS SCHOOL RESOURCE OFFICER AGREEMENT (hereinafter "Agreement") is made and
entered into by and between the City of Kent and its 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 (SRO).
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 while building healthy relationships with students of the
District and reserving formal school discipline duties and responsibilities to school
administrators; and
WHEREAS, the Department desires to partner with local school districts and seeks an
oppoftunity 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; and
WHEREAS, underthe provisions of the Laws of 2O2L, Ch.38, $ 6, the District is required,
when it elects to engage the services of school resource officers, to enter into an
agreement that meets the requirements of that statutory provision, including evidencing
that it meets the requirements of RCW 38A,320. L2aG); 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 2OZt, Ch. 38, 5 3(2) or 9 4(4);
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 for a one-year term beginning September L, 2O2t
through August 3t, 2022 ("Initial Term"), subject to any prior termination as provided
herein and unless extended by written agreement of parties hereto.
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
I
is authorized to approve and execute said extensions, without further authorization of
the City Council.
2. DUTIES OF THE DEPARTMENT AND ASSIGNED SROs
The Department shall provide two (2) commissioned police officers to work as SROs in
the District on days in which school is in session during the normal school year plus two
workshop days, and one week after the last day of school. In additibn, SROs will work on
July 4, and up to ten (10) business days scheduled in the month of August for academy
training prior to the start of school for the purpose of assisting school personnel in
enforcing the law and 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, Additionally,
the Department will consult with a representative designated by the District concerning
each SROs performance during the term of this Agreement as provided for by the Laws
of 202L, Ch. 38, S 6.
In accordance with District policy and procedure, and the terms of this Agreement, the
following describes the general duties of the Department and its SROs to be performed:
One SRO will be assigned to the campuses of Kent-Meridian High School,
iGrad, and Mill Creek Middle School, with time split between the campuses
as deemed appropriate by school administrators and the respective school
principals.
One SRO will be assigned to the campuses of Kentridge High School, Kent
Laboratory Academy, and Meridian Middle School, with time split between
the campuses as deemed appropriate by school administrators and the
respective school principa ls.
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.
Each SRO will provide assistance to enforce the law on school grounds,
conduct investigations as necessary, and advise/consult with school
personnel regarding best practices for ensuring a safe and secure learning
environment.
Each SRO will develop a daily routine that ensures high visibility to staff,
students, parents and community stakeholders.
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. 12329, accompanying
regulations, corresponding state law, and District policies from
nonconsensual disclosure of such records to third parties without lawful
a uthorization.
a
b
c
d
e
f
2
Each SRO will be a positive adult role model and will develop positive
relationships with students that promote learning and citizenship.
Each SRO will work collaboratively with the District's Safety Services
Director, including the preparation of repofts as needed regarding school
safety activity for the Superintendent and Board of Directors.
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.
The Department reserves the right to utilize one or both of the SROs for
emergency Department operational needs as determined or declared by the
Department's Chief of Police and 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 work for the District pursuant to this
Section 2(l).
3. DISTRICT POLICIES AND PROCEDURES CONCERNING SROs
In accordance with the Laws of 202L, Ch. 38, $ 5, and by the beginning of the ZOZL-
2022 school year, the District is to adopt a policy and procedure that addresses a number
of issues, including:
A clear statement regarding safety and security staff duties and
responsibilities related to student behavior and discipline that:
Prohibits SROs from becoming involved in formal school discipline
situations that are the responsibility of school administrators, and
Recognizes that trained safety and security staff know when to
informally interact with students to reinforce school rules and when
to enforce the law'
Clarifies the circumstances under which teachers and school administrators
may ask safety and security staff to intervene with a student;
Explains how safety and security staff will be engaged in creating a possible
school climate and positive relationships with students; and
Describes the process for families to file complaints with the school and,
when applicable, the local law enforcement agency that provides the safety
I
h
t.
a
(i)
( ii)
b
c
d
J
and security staff, and a process for investigating and responding to
complaints. However, any complaint process must ensure that any resulting
investigation concerning an SRO complies with Kent Police Department
policies and procedures and the requirements of any applicable collective
bargaining agreement.
For purposes of this section, the statutory term "safety and security staff"
is defined as including the SROs 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 202L,
Ch, 38, $ 5, the parties agree the Depaftment 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 its SROs
will perform the duties and responsibilities provided for by this Agreement in accordance
with that policy and procedure.
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 202L, Ch, 38, $ 3 and $ 4, the District and Department
agree that all SROs have, or will within the statutorily required time periods, obtained
classroom training on the following subjects:
Constitutional and civil rights of children in schools, including state law
governing search and interrogation of youth in schools;
Child and adolescent development;
Trauma-informed approaches to working with youth;
Recognizing and responding to youth mental health issues;
Educational rights of students with disabilities, the relationship of disabilityto behavior, and best practices for interacting with students with
disabilities;
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;
Local and national disparities in the use of force and arrests of children;
Collateral consequences of arrest, referral for prosecution, and court
involvement;
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;
De-escalation techniques when working with youth or groups of youth;
e
f
a
b
c
d
e
g
h
j
4
State law regarding restraint and isolation in schools, including RCW
28A.600.485;
The federal family educational rights and privacy act (20 4 U.S.C. Sec.
L2329) requirements including limits on access to and dissemination of
student records for noneducational purposes; and
Restorative justice principles and practices.
Additionally, 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)
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 a school's SRO. The District may likewise provide training
to SROs 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 2O2L, Ch. 38, $ 2 concerning incidents that resulted in student discipline, use of force
against a student, or a student arrest; complaints involving SROs; and other school safety
and security information that may be required by the Washington State Office of the
Superintendent of Public Instruction.
6. CONSIDERATION
Given the impacts from the COVID-19 pandemic, the parties acknowledge and agree that
the Department did not charge the District for those services provided by the Department
during the 2020-2021 school year. Forthe 202L-2022 school year and those thereafter,
the total compensation for two (2) commissioned officers for the remaining Initial Term
is set forth in Attachment A to this Agreement.
Attachment A reflects the District's agreement to reimburse the Department sixty percent
(600lo) of the total compensation (salaries/benefits) for two (2) commissioned SROs for
the days they work for the District, as mutually agreed by the parties in Attachment A.
The sixty percent (600lo) 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 (12) 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
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
k
t.
m
5
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,
8. OVERTIME
Costs associated with approved overtime for District business shall be paid by the District,
provided that such overtime shall be approved by the District prior to the consummation
of the overtime work. 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.
9. 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.
10. 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 hereto, or by either party afterthirty (30) days following
the other party's receipt of a 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 rata basis, the compensation as set forth in
Section 6 above.
In addition, each party shall have the right to remove a specific SRO from the 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.
T1. 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.
6
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
Depaftment 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
orvalidity 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.
L2. 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.
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.
L4. 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.
15. 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,
7
notice shall be sent by personal service or registered mail to the District's Chief School
Operations & Academic Support Officer who oversees the District's Safety Services,
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,
L7. 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.
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 signature on the dates below
KENT SCHOOL DISTRICT CIry OF KENT
l,a^
Israel Vela, Interim Superintendent
Date
Dana Ralph, Mayor
Date 8 Lt -7)
8
ATTACHMENT TTA'' TO SRO AGREEMENT
The parties agree that the total cost to the Department to provide SROs to the District
for the 202L-2022 school year, in accordance with the terms of the parties'Agreement,
is $313,L57.46 regardless of actual salary or benefit adjustments that may be made by
the Department for its officers.
The District's reimbursement obligation, which is sixty percent (600/o) of the total cost to
the Department for the SROs provided to the District, equals $187,894,48 Unless
overtime is authorized by the District in accordance with Section B, or the Agreement
modified as set forth in Section 9, this sum 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(l) .
The District shall pay said reimbursement in twelve (12) approximately equal monthly
payments spread over a one-year period starting September L,202L 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 SROs, 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 2O2L-2022 school year.
KENT SCHOOL DISTRICT CITY OF KENT/LICE DEPT.
4^r'( %.A
Israel Vela, Interim Superintendent
Date
Dana Ralph, Mayo
Date ?7-1 A
9