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HomeMy WebLinkAboutItem 08 Springfield School District School Resource Officer Contract AGENDA ITEM SUMMARY Meeting Date: 11/20/2017 Meeting Type: Regular Meeting Staff Contact/Dept.: Chief Richard Lewis Staff Phone No: 541-726-2320 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Strengthen Public Safety by Leveraging Partnerships and Resources ITEM TITLE: SPRINGFIELD SCHOOL DISTRICT SCHOOL RESOURCE OFFICER CONTRACT ACTION REQUESTED: Approve the intergovernmental agreement and authorize the City Manager to sign the agreement for the revenue and service associated with two school resource officers assigned to the Springfield School District for fiscal year 2018. ISSUE STATEMENT: The Police Department has assigned two school resource officers to the two high schools within the Springfield School District since September 1999. This contract documents the cost sharing between the City of Springfield and Springfield School District for the two positions for the 2018 fiscal year. ATTACHMENTS: 1. Draft C1963 School Resource Officer contract. DISCUSSION/ FINANCIAL IMPACT: The Springfield Police Department and Springfield School District No. 19 have partnered to fund the School Resource Officer program. Since September 1999, two Springfield Police Department School Resource Officers have been assigned to the Springfield School District and have a primary emphasis to support Springfield High School and Thurston High School. School Resource Officers focus on enhancing safety, security and education in the schools and school district. A Department of Justice COPS Hiring grant provided funding for approximately 75% of the base personnel costs during the School Resource Officer positions’ first three years. Since the COPS grant expired, the Springfield School District and City of Springfield have each funded 50 percent of personnel costs for the two School Resource Officer positions. Under the proposed contract, both the Springfield School District and City of Springfield will continue to fund 50 percent of personnel costs for the two School Resource Officer positions. In addition, the Springfield School District will be responsible for 100% of officer overtime costs where law enforcement presence is requested for school events, as well as reimburse the City up to $2,000 for School Resource Officer related training. The Springfield School District has expressed interest in a third School Resource Officer to support the Springfield School District’s downtown high school locations for the 2018-2019 school year. The Springfield Police Department and Springfield School District will have additional discussion regarding the staffing and funding challenges associated with an additional School Resource Officer position. DRAFTINTERGOVERNMENTAL AGREEMENT This Agreement is made between THE CITY OF SPRINGFIELD, An Oregon municipal corporation (“City”) and SPRINGFIELD SCHOOL DISTRICT NO. 19, an Oregon school district (“District”), for the purpose of providing school resource officer services for the Springfield School District No. 19 during the 2017-18 school year. RECITALS A. The School District is a public body engaged in providing education services; and B. The City is a public body engaged in providing municipal services, including law enforcement, to its citizens; and C. The parties wish to establish a positive working relationship in a cooperative effort to prevent juvenile delinquency and assist in student development; and D. The parties have a public interest in maintaining a safe and secure environment on school campuses which is conducive to teaching and learning; and E. The School Resource Officer Program is nationally recognized and recommended by law enforcement and education specialists focusing on providing safety, security and education in the schools and school district; and F. Unlawful activity and specifically violence in and around schools are serious social problems confronting school leaders and law enforcement; and G. The parties believe that providing a School Resource Officer Program will supplement and enhance the safety and security in the school district and promote a positive environment for the education of students within Springfield School District No. 19; and H. This Agreement is entered into pursuant to Oregon Revised Statutes (ORS) 190.010, et. Seq. ORS 190.010 provides that units of local government may enter into agreements for the performance of any and all functions and activities that any party to the agreement, its officers, or agents have the authority to perform City Contract #1963 Page 1 of 11 AIS ATTACHMENT 1, Page 1 of 11 DRAFT AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties hereby agree as follows: 1. CITY OBLIGATIONS 1.1 Provide supplemental law enforcement services of the City of Springfield Police Department within Springfield High School (1.0 fte) and Thurston High School (1.0 fte), and be available to respond to other schools within the City of Springfield’s boundaries, as described in Exhibit “A”, Memorandum of Understanding, which is attached hereto and incorporated herein by this reference. 1.2 The City shall be responsible for fifty percent (50%) of the annual net personnel costs for 2.0 fte School Resource Officers. 1.3 The City shall be responsible for professional liability insurance for its own personnel. 1.4 The City shall be responsible for materials and supplies to conduct the supplemental services. 1.5 The City will provide School Resource Officer(s) transportation to conduct the supplemental services. 1.6 The City shall submit an invoice to the District outlining costs of personnel and the net amount owed. Invoicing shall occur in a timely manner to allow the District to meet the installment timelines. 2. DISTRICT OBLIGATIONS 2.1 The District shall be responsible for fifty percent (50%) of the annual net personnel costs for 2.0 FTE School Resource Officers at Step 5 with applicable certification pay. See Exhibit ‘B’ attached hereto and incorporated herein by this reference. 2.2 The District will reimburse the City at an officer overtime rate of $121.20 per hour, for any school events where law enforcement presence is requested. Special event overtime will be authorized through the Administrative Sergeant. 2.3 The District will reimburse the City up to $2,000 for specific SRO training outside the normal standard officer certification training. 2.4 The District shall compensate the City for all services provided under this Agreement by payment of the total sum of 50% of the officers combined personnel costs plus 100% of the event overtime incurred. Page 2 of 11 AIS ATTACHMENT 1, Page 2 of 11 DRAFT2.4.1 Payment will be divided into two installments. The first installment shall be due on or before January 31, 2018. The second installment shall be due on or before July 15, 2018. 2.4.2 Check to be sent to: City of Springfield Accounts Recieveable 225 5th Street Springfield, OR 97477 Check stub to reference Contract # 1963 2.5 The District shall provide the School Resource Officer(s) with adequate office space to conduct business. 3. GENERAL PROVISION 3.1 Neither party, nor the officers, employees or agents of either party, are employees or agents of the other for any reason. Each party shall be separately and exclusively responsible for all acts, errors and/or omissions of its own officers, employees and agents, except to the extent provided in Section 3.2 of this Agreement. 3.2 Each party agrees to indemnify the other from and against each and every claim that the indemnitor would be legally obligated to pay if: (a) a claim asserting the same loss or injury were made directly against the indemnitor, whether or not such a direct claim is actually made; and (b) the loss or injury sustained by the claimant resulted from the acts, errors or omissions of the indemnitor or those for whose actions the indemnitor is legally responsible. The mutual right to indemnity is in addition to and not in lieu or any other right of contribution or indemnity that may exist in favor of either party under Oregon law; the right to indemnify extends to all officers, employees and agents of the indemnitee party for claims made against them because of their actions or capacity as such. “Indemnify” as used herein, means to indemnify, defend, save and hold harmless. Claims arising during the term of this Agreement shall survive expiration or termination of this Agreement. 3.3 Status. In providing the services specified in this Agreement (and any associated services) both parties are public bodies and maintain their public body status as specified in ORS 30.260. Both parties understand and acknowledge that each retains all immunities and privileges granted them by the Oregon Tort Claims Act (ORS 30.260 through 30.300) and any and all other statutory rights granted as a result of their status as local public bodies 3.4 Each party hereto agrees to obtain and maintain in force at all times during the terms of this Agreement, a policy or policies of general liability insurance with liability limits of at least $2,000,000 (two million dollars), which names the other party, its employees, officers and agents and additional insured. Page 3 of 11 AIS ATTACHMENT 1, Page 3 of 11 DRAFT 3.5 Each party working under this Agreement is either an employer that will comply with ORS 656.017 or an employer that is exempt under ORS 656.126. Each party agrees that it is solely responsible for obtaining and maintaining insured coverage for its own employees as required by law. 3.6 Subcontracting. City shall not subcontract its work under this contract, in whole or in part, without the District's prior written approval. 3.7 Assignment. Neither party shall assign this contract in whole or in part, or any right or obligation hereunder, without the other party's written approval. 3.8 Compliance with Laws. City shall comply with all applicable federal, state, and local laws, rules, ordinances, and regulations at all times and in the performance of the work. 3.9 Contract Administration. Each party designates the following as its representative for purposes of administering this contract. Either party may change its designated representative by giving written notice to the other as provided in paragraph 13. Agency: Name: Brett Yancey PH: 541.726.3206 Email: Brett.yancey@springfiel d.k12.or.us City: Name: Lt. Tom Rappe PH: 541.726.2329 Email: trappe@springfield-or.gov 3.10 Records/Inspection. City and District shall each maintain records of its costs and expenses under this contract for a period of not less than three full fiscal years following Agency's completion of this contract. Upon reasonable advance notice, either party or its authorized representatives may from time to time inspect, audit, and make copies of the other party's records. 3.11 Notices. Any notices permitted or required by this contract shall be deemed given when personally delivered or upon deposit in the United State mail, postage fully prepaid, certified, return receipt requested, addressed to the representative designated in paragraph 3.9. Either party may change its address by notice given to the other in accordance with this paragraph. 3.12 This Agreement, including any attachments incorporated herein, represents the entire integrated agreement between the parties concerning the subject matter hereof. This Agreement supersedes all Page 4 of 11 AIS ATTACHMENT 1, Page 4 of 11 DRAFTprior agreements, negotiations and representations relating to the same subject matter between the parties. 3.13 This Agreement may only be modified in writing executed with the same formalities as this Agreement. 3.14 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Lane County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.15 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of the District and City as set forth in this Agreement. 3.16 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other’s officers, employees or agents. 4. TERM AND TERMINATION 4.1 The City and District may terminate this Agreement by mutual agreement at any time. 4.2 This Agreement may be terminated for any or no cause by either party upon not less than sixty (60) days prior written notice to the other party. 4.3 Unless terminated sooner as provided in Sections 4.1 and 4.2 above, this Agreement shall be effective on July 1, 2017 and shall remain in effect up to and including June 30, 2018. 4.4 One or more waivers or failures to object by either party to any breach, violation, or default of any provision, term, condition or covenant contained in this Agreement shall not be construed or operate as a waiver of any subsequent breach, violation, or default of that or of any other provision, term, condition or covenant. Page 5 of 11 AIS ATTACHMENT 1, Page 5 of 11 DRAFTIN WITNESS WHEREOF the Parties have caused this Agreement to be signed in their respective names by their duly authorized representative as of the dates set forth below. CITY OF SPRINGFIELD: By: By: Gino Grimaldi Sue Rieke-Smith Title: City Manager Title: Superintendent Date: Date: Page 6 of 11 AIS ATTACHMENT 1, Page 6 of 11 DRAFT Exhibit “A” Memorandum of Understanding Between City of Springfield And Springfield School District EMPLOYMENT AND ASSIGNMENT OF SCHOOL RESOURCE OFFICERS (referred to as “SRO”). A) Prior to the start of the new school year, an identified representative from the City and District will develop a prioritization of the District’s schools for SRO assignment. B) In the event the SRO is absent from work, the SRO or SRO’s supervisor will notify the principal or designee of his/her primary school to which he/she is assigned. The City will identify an alternate contact when a SRO is not available. C) In the event of any SRO absence, the District and City may collaboratively determine if the temporary placement of another SRO to a school is warranted. D) In the event an SRO is physically absent from his/her school duties for thirty or more days, the City agrees to work with the District to, as soon as practical, provide a replacement officer to fill the role of the absent SRO until such time the SRO returns to his/her assignment or is replaced by another SRO. E) SRO’s will remain employees of the City and will not be employees of the District. However, for purposes of information sharing, the SRO will be considered part of the school administration team. The District and the City acknowledge that the SRO’s remain responsive to the command of the City. HOURS AND SPECIAL EVENTS A) Each SRO shall be assigned to one or more schools as needed. A mutually agreed upon Operation Plan outlining SRO assignments will be established between the City and the District. The SROs shall report in to their assigned school principal or designee. During regular school hours, SROs may be off campus performing such tasks as may be required by their assignment (e.g., court, truancy, arrest, traffic enforcement, etc.), however their primary responsibility is to the School District. B) An Event is described as a School related activity (i.e. sporting events, graduation) where the School District is asking for the presence officers. C) All SROs shall wear their duty uniform and carry their duty weapon while working at their school(s) pursuant to this Agreement, unless the District and the SRO’s supervisor agree upon another uniform. Page 7 of 11 AIS ATTACHMENT 1, Page 7 of 11 DRAFTDUTIES OF THE SRO ARE AS FOLLOWS A) Assist the school principal or the principal’s designee as well as the District Risk Manager in developing plans and strategies to prevent and/or minimize dangerous situations that may occur on campus. B) The duties of the SRO shall follow the details outlined in the job description of a law enforcement officer as provided by the City. C) Interact with students on an individual basis and in small groups. D) Make himself/herself available for conferences involving teachers, parents, and faculty. E) Become familiar with agencies and resources that offer assistance to youth and their families and make referrals as necessary. F) Contact the school principal or principal’s designee about the SRO’s actions to make them aware when a student is taken into custody, arrested or detained. G) Notify the school principal or principal’s designee before removing a student from school or as soon as practical thereafter. H) Take law enforcement action against intruders and trespassers who appear on school property as needed. I) Conduct investigations of crimes that occur at his/her assigned school and using other resources if needed for follow up investigations. J) May be present at the request of the school principal, the principal’s designee or District Administration when a school principal, the principal’s designee or District Administrator conducts a search. K) May report any violation of school rules or policies to school administration, but the SRO shall not be the responsible for disciplinary consequences of school rules and policies. L) May make home visits to investigate students with truancy problems or to check the welfare of a student and his/her family. M) May present programs on various topics to students. Subject may include, but are not limited to, a basic understanding of law, the role of law enforcement in the school or community, drug awareness, and other law enforcement topics. N) May attend certain school meeting, such as Individualized Education Plan (IEP)meetings, or expulsions, for security purposes only, if requested by the District. O) Shall communicate and consult the District’s Risk Manager on issues related to school safety and issues pertinent to the school or school district operation. Page 8 of 11 AIS ATTACHMENT 1, Page 8 of 11 DRAFT SEARCH, ARREST and INVESTIGATION PROCEDURES Search Procedure: A) When conducting searches on school property, all SRO’s shall follow procedures in accordance with the United States Constitution, the Oregon Constitution, statues of the State of Oregon and the City of Springfield Police Departmental Directives. Arrest Procedures For Crimes Committed Off Campus In Transit To And From School: A) School officials generally have the legal authority or jurisdiction to discipline student for criminal misconduct or juvenile offenses that occur at school bus stops, on school buses, or on public streets as students commute to and from school. B) Law enforcement officials are responsible for enforcing the laws on public streets, including at school bus stops. Therefore, the SRO shall assist school and/or school district officials and coordinate with the appropriate local law enforcement agency the investigations of crimes that occur at bus stops, on schools buses, and while student are transporting to and from school. Investigations Procedures: A) SROs and other law enforcement officials may interview students at school during school hours for cause. B) The SRO or investigating officer should contact the school principal or principal’s designee to inform him/her of the reason(s) to conduct an investigation within the school, unless such information would jeopardize the investigation. C) The SRO or investigating officer may, at his/her discretion, attempt to notify the student’s parent or guardians regarding the on-going investigation. D) Parental consent is not required for the SRO or investigating officer to interview a student regarding a criminal matter. E) With the consent of the SRO or investigating officer, a school official may be present during the questioning of a student. F) When a school staff or faculty member is a suspect in an investigation, the SRO may call in a SRO from another school or an outside investigator from the local law enforcement agency to conduct the investigation. The SRO should inform the District’s Human Resources Director to the reason(s) for the investigation, unless such information would jeopardize the investigation. Communication: Page 9 of 11 AIS ATTACHMENT 1, Page 9 of 11 DRAFTA) Any District staff or personnel, who become aware of any criminal incident involving students, shall be responsible for sharing that information with their school’s SRO and any appropriate law enforcement agency having jurisdiction in accordance with District policies and state law. B) The City shall develop its own interdepartmental procedures on how its other law enforcement officers will communicate any criminal event to the SROs and to the District that could have impact on the schools. C) Both agencies recognize the importance of open communication lines and commits to fulfilling this obligation. D) The District is to communicate with all SROs and the City when there is a school lock down or critical incident occurring. E) The SROs and the City is to communicate with the District’s Risk Manager when there is an incident that could impact any District property or have the potential to create an unsafe environment for students, staff or patrons of the District. SRO Performance: A) In the event the District determines that a particular SRO is not effectively performing his or her duties and responsibilities and/or has conducted himself/herself in a manner that is inconsistent with continued work in the school environment, the District, through its Risk Manager, reserves the right to request that the City remove that particular SRO from all school assignments. Any subsequent discipline, if applicable, shall be at the City’s discretion. Evaluation: A) It is mutually agreed that the Springfield School District shall evaluate the SRO program annually using a process agreed upon in writing by both the District and the City. Page 10 of 11 AIS ATTACHMENT 1, Page 10 of 11 DRAFT EXHIBIT “B” COMPENSATION 2017-2018 Agreement between City of Springfield and Springfield School District PERSONNEL FTE TOTAL COST FY18 COST SHARE – Officer, Step 5 with applicable certification pay – Each Party 2 $279,205 $139,602 Overtime Paid 100% by District As incurred Training Paid 100% by District $2000 Total $141,602 Page 11 of 11 AIS ATTACHMENT 1, Page 11 of 11