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HomeMy WebLinkAboutResolutions - 2021-20 - Resolution 2021-20, Eastmont School District SRO, School Resource Officer Interlocal Agreement - 9/21/2021City of East Wenatchee Resolution 2021-20 with Exhibit A Page 1 of 2 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) City of East Wenatchee, Washington Resolution No. 2021-20 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement Between the City of East Wenatchee and the Eastmont School District for School Resource Officer Services. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2.Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services, 9/9/21 DRAFT Page 1 of 9 DRAFT INTERLOCAL AGREEMENT BETWEEN THE CITY OF EAST WENATCHEE AND THE EASTMONT SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES This Agreement is made and entered into January 1, 2022, between the City of East Wenatchee ("City") and the Eastmont School District #206 ("District"), both municipal corporations of the State of Washington, located in Douglas County, Washington, with respect to the following facts: WHEREAS, the City and the District have the power, authority, and responsibility to provide security services within their respective jurisdictions and facilities; and WHEREAS, the District has expressed a desire to execute an agreement with the City for the services of one full-time police officer, known as a School Resource Officer ("SRO") to be stationed at Eastmont High School and serving the District's schools located within the City's corporate boundaries and those schools out of the City, but within Douglas County; and WHEREAS, both parties desire to enter into an agreement for the purpose of utilizing the City's capabilities to provide the District with SRO services; and WHEREAS, the District and the City believe that the services rendered by an SRO will enhance school security and benefit public safety; and WHEREAS, the City is willing to assign a police officer to serve as an SRO as set forth herein, subject to the District's commitment to reimburse the EXHIBIT “A” City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services, 9/9/21 DRAFT Page 2 of 9 City for 60% of the basic salary and benefits for maintaining such position; and WHEREAS, the City and the District agree to fund an SRO position in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, this Agreement is specifically authorized by the interlocal Cooperation Act set forth in Chapter 39.34 of the Revised Code of Washington; NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND AGREEMENTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Provision of School Resource Officer Services. Commencing with the start of the 2022-23 school year, thereafter during the term of this Agreement, the City shall provide School Resource Officer ("SRO”) services (collectively referenced as "Services"). The SRO shall be stationed at a site to be determined by the District and shall primarily serve the District's secondary schools located within the City, but shall also serve the District's others schools located within the City and County on an “as needed” basis. Services are more fully described in Exhibit “A” attached hereto and incorporated by this reference. The City shall have the sole discretion as to selecting the SRO applicant pool for the District to collaboratively choose a finalist from. The Police Chief will then appoint an SRO. The City shall select the equipment, uniform, and supplies that will be used by the SRO, and shall be the sole judge as to the most appropriate, efficient, and effective manner of handling and responding to calls for Services or the rendering thereof, and for annual reporting of SRO activities to the Office of the Superintendent of Public Instruction (OSPI). In addition, the City shall be solely responsible to ensure that any SRO assigned to work with the District pursuant to this Agreement is fully qualified and trained in City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services, 9/9/21 DRAFT Page 3 of 9 accordance with ESHB 1214.SL 2021. The SRO will remain an employee of the City. The delivery of Services, the standards of performance, the discipline of officers, the supervision of the SRO and any other City personnel, and other matters incidental to the performance of the Services, shall remain under the control of the City. 2. Salary and Overtime. The District shall not assume any liability for the direct payment of any salaries, wages, or other compensation to an SRO performing the Services provided hereunder. The City shall be responsible for any cost of overtime as authorized by the chain of command of the SRO for work not covered within the scope of Services defined in Exhibit “A”. The District shall not be responsible for any off-duty employment costs. Off-duty employment agreements shall be between the District and the City using the City's standard agreement. Except as otherwise specified herein, the District shall not be liable for compensation for wages or indemnity to any City employee for injury or sickness arising out of his/her employment pursuant to this Agreement. 3. Term. This Agreement shall be effective for a 1 year term, from March 1, 2022 through February 28, 2023. Following expiration of the initial year term, this Agreement shall automatically be extended for additional one- year terms thereafter, unless a minimum of 30 days notice of cancellation is provided by one party to the other. 4. Payment for Services. The parties agree that the annual cost, including benefits, for maintaining an SRO position is presently $101,190.80. The District will reimburse the City 60% of the aforementioned annual average base salary and benefits for a non-supervisory officer as provided by this Agreement, for the term of this Agreement. Annual charges will be billed in four quarterly installments. The District shall remit payment to the City within thirty (30) days after receipt of a City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services, 9/9/21 DRAFT Page 4 of 9 quarterly invoice. The Finance Directors for each party are authorized to modify this payment schedule and process by subsequent mutual agreement, provided such understandings or modifications shall be in writing. 5. Emergency Situations. During days when school is in session, the SRO will not be assigned by the District to duties other than those set forth herein, except for required City Police Departmental training or in response to emergency conditions, as determined by the sole discretion of the Chief of Police, that necessitate the response of additional police personnel. 6. Indemnification. The parties mutually agree to defend at its own expense, indemnify and hold harmless the other party, its hired, appointed and elected officers, officials, employees, agents, and volunteers from and against any and all liabilities, judgments, liens, losses, costs, damages and expenses, including costs and attorney fees in defense thereof, because of actions, claims or lawsuits of any kind that allege injury or death to a person, or damage, injury, or destruction to property or the enjoyment of property caused or allegedly caused or occasioned in whole or in part by or arising out of the performance or carrying out of the terms of this Agreement and/or amendments to this Agreement, except to the extent that such injury or death to a person, or damage, injury, or destruction of property or the enjoyment of property is caused by the negligent or intentional tortuous acts of the other party, and/or its hired, appointed and elected officers, officials, employees, agents and volunteers. 7. Compliance with Laws. The District acknowledges that, in addition to compliance by the City with all applicable laws and regulations relating to employee hiring, the City's Civil Service rules prohibit discrimination on the basis on non-merit factors. Additionally, the District acknowledges and agrees that the Services rendered hereunder may be affected by provisions of the collective bargaining agreement between the City and City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services, 9/9/21 DRAFT Page 5 of 9 the union representing the SRO. Furthermore, this Agreement shall be subject to all laws, rules, and regulations of the United States of America, State of Washington, and the City of East Wenatchee. Should any such authority effectively prevent the performance of the obligations set forth herein or otherwise materially interfere with the achievement of the purposes of this Agreement, either party may terminate this Agreement upon 30 days written notice to the other. 8. Student Discipline. The parties understand and agree that the District has sole responsibility for the administration of student discipline. 9. Modification. Either party may, in writing, request changes in the Agreement. Any and all agreed modifications shall be in writing, signed, by each of the parties and affixed to this Agreement. 10. Venue and Governing Law. In the event of litigation arising out of the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington, County of Douglas. This Agreement shall be governed by the law of the State of Washington. 11. Evaluation of the SRO shall be an equally shared process with the District. Evaluation shall include information obtained from a required process for students and families to submit a complaint regarding SRO services and responses to situations. Any complaints shall be reviewed by both the City and District with a final report presented to both organizations and made available to the public once completed. (HB 1214), 12. Confidentiality. Laws involving confidentiality govern both the District and the City. Both the District and the City agree that its employees, subcontractors, and others shall maintain the confidentiality of all information provided by the other to the extent authorized to do so by the City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services, 9/9/21 DRAFT Page 6 of 9 laws governing each. The federal Family Educational Rights and Privacy Act (FERPA) governs the District and the City understands that this act and other state and federal laws will restrict the issuance of certain information to the City. The District likewise understands that certain intelligence and law enforcement information is to remain confidential and in the sole control of the City. Each agency agrees to respect the requirement imposed on the other and in the event of any judicial action being taken to promptly notify the other of any attempt to seek disclosure of information. 13. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 14. Severability. If any term or condition of this Agreement or the application thereof to any persons(s) or circumstances is held to be unconstitutional or invalid, such invalidity shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. The terms and conditions of this Agreement are declared severable. 15. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. 16. No Waiver. Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this Agreement shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services, 9/9/21 DRAFT Page 7 of 9 17. Entire Agreement. This written Agreement represents the entire agreement between the parties and supersedes any prior oral statements, discussions, or understanding between the parties. 18. Counterpart Originals. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. REVIEWED BY DISTRICT PARENTS, STUDENTS, AND COMMUNITY MEMBERS ON ______________ APPROVED BY THE EAST WENATCHEE CITY COUNCIL ON __________ CITY OF EAST WENATCHEE EASTMONT SCHOOL DISTRICT By: Jerrilea Crawford By: Garn Christensen Its: Mayor Its: Superintendent Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Jerrilea Crawford, Mayor Garn Christensen, Superintendent City of East Wenatchee Eastmont School District 271 9th Street NE 800 Eastmont Avenue East Wenatchee, WA 98802 East Wenatchee, WA 98802 City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services, 9/9/21 DRAFT Page 8 of 9 EXHIBIT “A” PROGRAM GOALS: •To improve the relationship between the City of East Wenatchee Police Department and the Eastmont School District. •To reduce crime and improve security in the schools. •To improve the quality of education in school. PROGRAM BENEFITS: •The SRO Program should help reduce crime in the schools and community. It willdo so by intervening earlier in the delinquency pattern as well as offering students a positive role model. •The physical security of the schools will be improved. This will result in a saferenvironment for students and faculty. •The SRO will improve the liaison between students and faculty and the CityPolice Department. Overall, the relationship between the schools, staff, students,the City Police Department, and the community will improve. SRO duties are those duties that are typically outside of the standard law enforcement requirements or do not require a commission to perform. An SRO is often performing dual roles, those identified as an SRO and those performed as a commissioned law enforcement officer. By way of illustration the duties performed as an SRO and duties performed as a commissioned law enforcement officer are described below. SRO DUTIES: 1.Complete the required OSPI training prior to assignment. 2.Not participate in formal school discipline situations that are the responsibility ofschool administrators. 3.Respond to administrator approved requests from teachers and staff for SROassistance. 4.Provide specialized training to school staff and students designed to improve security in the school. Topics, for example, can include drug and gangidentification, stranger awareness, sexual predators, crime prevention, and safetypresentations, etc. 5.Provide advice to School District personnel on law enforcement issues. Officers will assist in suggesting solutions to security problems that arise in the School District. 6.Assist School District personnel in the identification of/and behavior modificationof behaviors not conducive to a positive school environment and assist in lawenforcement and security-related problem resolution. City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services, 9/9/21 DRAFT Page 9 of 9 7. Work with School District security personnel on matters of mutual concern and provide them with training to enhance school safety. 8. Develop mentor relationships with students when possible. 9. Work flexible or adjusted shifts when necessary and permissible by labor Agreement to accommodate evening meetings, presentations, events, or other classes involving the SRO. 10. SROs generally will not take any vacation during periods in which school is in session. If this should occur, the City agrees to make reasonable efforts to assign other officers to provide SRO Services in the regular officer's absence. 11. Maintain appropriate school records and preserve the confidentiality of student records. LAW ENFORCEMENT DUTIES: 1. Conduct preliminary investigations of crimes that have occurred on/off campus involving students from any school district and that are reported at the schools within the Eastmont School District. 2. Handle traffic complaints involving students on district properties and immediately adjoining areas. 3. Attend City of East Wenatchee Police Department and District training as required. 4. Conduct investigations involving crimes committed on school property located within the City of East Wenatchee. 5. Investigate illegal acts and suspicious activities occurring on school property. 6. Conduct investigations into reported or suspected abuse or neglect of students.