HomeMy WebLinkAboutResolutions - 2021-32 - Establishing agreement with Eastmont School District for a School Resource Officer, SRO, Eastmont High School, ILA, Interlocal Agreement, effective 9/1/2022 through 8/31/2023, - 11/2/2021City of East Wenatchee Resolution 2021-32 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. 2021-32
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 (SRO) Services beginning in the 2022-2023 school year.
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.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE
AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute an
Interlocal Agreement in the form of attached Exhibit-A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration shall
not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
INTERLOCAL AGREEMENT
BETWEENTHE CITY OF EAST WENATCHEE AND
THE EASTMONT SCHOOLDISTRICT
FOR SCHOOL RESOURCE OFFICER SERVICES
This Agreement is made and entered into on October 11,2021,
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
agreementwith 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 agreementfor the
purposeofutilizing 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
SROasset forth herein,subject to the District's commitment to reimburse the
City for 60%of the basic salary and benefits for maintaining such position;and
City of East Wenatchee/Eastmont SchoolDistrict Interlocal Agreement -SRO Services 10/11/21;Page 1 of 10
WHEREAS,the City and the District agree to fund an SRO position in
accordancewith the terms and conditions set forth in this Agreement;and
WHEREAS,this Agreementis 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 ofthis
Agreement,the City shall provide School Resource Officer ("SRO")
services (collectively referenced as "Services").
The SRO shall be stationed ata 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 bythis
reference.
The City shall have the sole discretion as to selecting the SRO applicant
poolfor the District to collaboratively choosea 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 asto 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 Agreementis fully qualified and trained in
accordance with ESHB 1214.SL 2021.
City of East Wenatchee/Eastmont SchoolDistrict Interlocal Agreement -SRO Services 10/11/21;Page 2 of 10
The SRO will remain an employeeof 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 anyliability 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 SROfor work not covered within the scope of Services
defined in Exhibit “A”.
The District shall not be responsible for any off-duty employmentcosts.
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 employeeforinjury or sicknessarising out of
his/her employment pursuantto this Agreement.
3.Term.This Agreement shall be effective fora 1 year term,from
September 1,2022 through August 31,2023.Following expiration of the
initial year term,this Agreementshall 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 $134,920.95.The
District will reimburse the City 60%of the aforementioned annual
average basesalary and benefits for a non-supervisory officer as
provided by this Agreement,for the term of this Agreement.Annual
chargeswill be billed in four quarterly installments.The District shall
remit paymentto the City within thirty (30)days after receipt of a
quarterly invoice.The Finance Directors for each party are authorized to
modify this payment schedule and process by subsequent mutual
City of East Wenatchee/Eastmont SchoolDistrict Interlocal Agreement —-SRO Services 10/11/21;Page 3 of 10
agreement,provided such understandings or modifications shall be in
writing.
5.Emergency Situations.During days when schoolis 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 orin
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 harmlessthe other party,its hired,
appointed and elected officers,officials,employees,agents,and
volunteers from and against any andall 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 enjoymentof 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 amendmentsto this
Agreement,except to the extent that such injury or death to a person,or
damage,injury,or destruction of property or the enjoymentof propertyis
caused by the negligent or intentional tortuous acts of the otherparty,
and/or its hired,appointed and electedofficers,officials,employees,
agents and volunteers.
7.Compliance with Laws.The District acknowledgesthat,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 agreesthat the Services rendered hereunder maybeaffected by
provisions of the collective bargaining agreement betweenthe City and
the union representing the SRO.
City of East Wenatchee/Eastmont SchoolDistrict Interlocal Agreement -SRO Services 10/11/21;Page 4 of 10
8.Future Costs.Amount for subsequent years.Commencing January 1,
2023,and for each yearthereafter,the District will increase its payment
to the City by 100%of the U.S.Consumerprice Index for Urban Wage
Earners and Clerical Worker (CPI-W)July to July statistics for the Pacific
Region (Series ID #CWURO490SAQ0)for the preceding twelve months.
Minimum increase shall be 1%;maximum increase 3%.The City’s
Finance Director shall notify the District of the amount of the payment on
or before November1 of each year.
Furthermore,this Agreementshall be subjectto 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 ofthe obligations set forth herein or otherwise
materially interfere with the achievementof the purposesofthis
Agreement,either party may terminate this Agreement upon 30 days
written notice to the other.
9.Student Discipline.The parties understand and agreethat the District
has sole responsibility for the administration of studentdiscipline.
10.Modification.Either party may,in writing,request changesin the
Agreement.Any and all agreed modifications shall be in writing,signed,
by each of the parties and affixed to this Agreement.
11.Venue and Governing Law.In the eventoflitigation arising out of the
construction or interpretation of any of the terms of this Agreement,the
venue of such action oflitigation 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.
12.Evaluation.The evaluation of the SRO shall be an equally shared
processwith the District.Evaluation shall include information obtained
from a required process for students and families to submit a complaint
regarding SROservices and responsesto situations.Any complaints
City of East Wenatchee/Eastmont SchoolDistrict Interlocal Agreement —SRO Services 10/11/21,Page 5 of 10
shall be reviewed by both the City and District with a final report
presented to both organizations and madeavailable to the public once
completed.(HB 1214)
13.Mediation/Arbitration Clause.If a dispute arises from or relates to this
Agreementor the breach thereofand if the dispute cannot be resolved
through direct discussions,the parties agree to endeavorfirst to settle
the dispute in an amicable manner by mediation administered by a
mediator under Judicial Dispute Resolution LLC (“JDR”)service rules or
policies before resorting to arbitration.If the parties are unable to agree
on the selection of a mediator or are unable to resolve the dispute by
mediation pursuantto this section,or the parties waive mediation by
written agreement,then the parties agree to submit their dispute to
binding arbitration by delivering written demand forarbitration to the
other party.The parties shall agree upon onearbitrator within ten days
of the arbitration demand.Thearbitrator must be a JDR panelist.If the
parties do not mutually agree onthe identity of the arbitrator within such
period,the arbitrator shall be selected by the administrator of the JDR,
according to the arbitration rules of the JDR,withoutfurther input by the
parties.All statutes of limitations which would otherwise be applicable
shall apply to any arbitration proceeding hereunder.The arbitration will
be conducted in effect on the date hereof,as modified by this Section.
Any issue about whether a claim mustbe arbitrated pursuantto this
provision shall be determined by the arbitrator.
14.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
laws governing each.The federal Family Educational Rights and Privacy
Act (FERPA)governsthe 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
City of East Wenatchee/Eastmont SchoolDistrict Interlocal Agreement -SRO Services 10/11/21;Page 6 of 10
15.
16.
17.
18.
19.
intelligence and law enforcementinformation is to remain confidential
and in the sole control of the City.Each agency agreesto respect the
requirement imposed onthe other and in the event of anyjudicial action
being taken to promptly notify the other of any attempt to seek disclosure
of information.
Notices.Any notices required to be given by the Parties shall be
delivered at the addressesset 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.
Severability.If any term or condition of this Agreementor the application
thereof to any persons(s)or circumstancesis held to be unconstitutional
or invalid,such invalidity shall not affect the validity of the remaining
portion of this Agreement and the remaindershall remain in full force
and effect.The terms and conditions of this Agreement are declared
severable.
Captions.The captions used herein are for convenienceonly and are not
a part of this Agreement and do notin any waylimit or amplify the terms
and provisions hereof.
No Waiver.Waiverof any breach or condition of this Agreementshall not
be deemed a waiverof 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.
Entire Agreement.This written Agreement represents the entire
agreement betweenthe parties and supersedesany prior oral
statements,discussions,or understanding betweenthe parties.
City of East Wenatchee/Eastmont SchoolDistrict Interlocal Agreement -SRO Services 10/11/21;Page 7 of 10
20.Counterpart Originals.This Agreement may be executedin two or more
counterparts,each of which shall be deemed anoriginal,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 SCHOOLDISTRICT
wi a?)a , ——
By:Jerrilea Crawford By:Gain Christensen
Its:Mayor Its:Superintendent
Date:Date:_%QO -f3 °D>L.
NOTICES TO BE SENT TO:NOTICES TO BE SENTTO:
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 SchoolDistrict Interlocal Agreement -SRO Services 10/11/21:Page 8 of 10
(0/13/p)
EXHIBIT “A”
PROGRAM GOALS:
e To improve the relationship between the City of East Wenatchee Police Department
and the Eastmont SchoolDistrict.
e To reduce crime and improve security in the schools.
e To improve the quality of education in school.
PROGRAM BENEFITS:
e The SRO Program should help reduce crime in the schools and community.It will
do so byintervening earlier in the delinquency pattern as well as offering
students a positive role model.
e The physical security of the schools will be improved.This will result in a safer
environmentfor students and faculty.
e The SRO will improve the liaison between students and faculty and the City
Police 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 SROis often performing
dual roles,those identified as an SRO and those performed as a commissioned law
enforcementofficer.By way ofillustration the duties performed as an SRO and duties
performed as a commissioned law enforcementofficer 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 of
school administrators.
3.Respond to administrator approved requests from teachers and staff for SRO
assistance.
4.Provide specialized training to school staff and students designed to improve
security in the school.Topics,for example,can include drug and gang
identification,stranger awareness,sexual predators,crime prevention,and safety
presentations,etc.
5.Provide advice to School District personnel on law enforcementissues.Officers
will assist in suggesting solutions to security problems that arise in the School
District.
City of East Wenatchee/Eastmont SchoolDistrict Interlocal Agreement -SRO Services 10/11/21;Page 9 of 10
Assist School District personnelin the identification of/and behavior modification
of behaviors not conduciveto a positive school environment and assist in law
enforcement and security-related problem resolution.
Work with SchoolDistrict security personnel on matters of mutual concern and
provide them with training to enhance school safety.
Develop mentorrelationships with students whenpossible.
9.Workflexible or adjusted shifts when necessary and permissible by labor
Agreement to accommodate evening meetings,presentations,or other classes
involving the SRO.
10.SROs generally will not take any vacation during periods in which schoolis in
session.If this should occur,the City agrees to make reasonable efforts to assign
otherofficers to provide SRO Servicesin the regularofficer's absence.
11.Maintain appropriate school records and preserve the confidentiality of student
records.
LAW ENFORCEMENTDUTIES:
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 SchoolDistrict.
.Handle traffic complaints involving students on district properties and
immediately adjoining areas.
Attend City of East Wenatchee Police Department and District training as
required.
Conductinvestigations involving crimes committed on school property located
within the City of East Wenatchee.
Investigate illegal acts and suspicious activities occurring on school property.
6.Conduct investigations into reported or suspected abuse or neglect of students.
City of East Wenatchee/Eastmont SchoolDistrict Interlocal Agreement -SRO Services 10/11/21;Page 10 of 10