HomeMy WebLinkAboutResolutions - 2022-44 - Resolution authorizing the Mayor to execute an Amended and Restated Interlocal Agreement between the City and the Eastmont School District for School Resource Officer SRO services 2022-2023 - 9/6/2022City of East Wenatchee Resolution 2022-44 with Exhibit A
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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. 2022-44
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Amended and Restated 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.
2.2. RCW 39.34.030 authorizes the City to enter into an agreement
with another public agency joint or cooperative action. For an
Interlocal Agreement to enter into force, the participating public
agencies must take action by ordinance, resolution or otherwise
pursuant to law of the governing bodies of the participating public
agencies.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE
AS FOLLOWS:
3. Interlocal Agreement. A true and correct copy of an Amended and
Restated Interlocal Agreement between the City of East Wenatchee and
the Eastmont School District for School Resource Officer (SRO) Services
is
City of East Wenatchee Resolution 2022-44 with Exhibit A
Page 2 of 3
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
attached as Exhibit A.
4. Authorization. The City Council authorizes the Mayor to execute an
Amended and Restated Interlocal Agreement in the form of attached
Exhibit-A.
5. Recording and/or publication. Once the Interlocal Agreement is signed
by all necessary parties, the City Council directs the City Clerk to either file
it with the Douglas County Auditor or publish it on the City’s website, or
both, in accordance with RCW 39.34.040.
6. 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.
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 1 of 11
AMENDED AND RESTATED INTERLOCAL AGREEMENT
BETWEEN THE CITY OF EAST WENATCHEE AND
THE EASTMONT SCHOOL DISTRICT
FOR SCHOOL RESOURCE OFFICER SERVICES
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, entered into an INTERLOCAL
AGREEMENT on October 11, 2021 (“Agreement”) and desire now to enter into
this AMENDED AND RESTATED INTERLOCAL AGREEMENT(“Amended
Agreement”), 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 this
Amended Agreement with the City for the services of two full-time police
officers, known as a School Resource Officers (“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 this Amended 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 SROs will enhance school security and benefit public safety; and
WHEREAS, the City is willing to assign police officers to serve as
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 1
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 2 of 11
SRO’s as set forth herein, subject to the District’s commitment to reimburse the
City for 60% of the basic salary and benefits for maintaining such positions; and
WHEREAS, the City and the District agree to fund SRO positions in
accordance with the terms and conditions set forth in this Amended Agreement;
and
WHEREAS, this Amended 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
Amended Agreement, the City shall provide SRO services (collectively
referenced as “ Services”).
The SROs 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 regarding determination of an
SRO applicant pool for the District to collaboratively choose finalists
from. The Police Chief will then appoint two SRO’s from the
collaboratively chosen finalists. The City shall select the equipment,
uniform, and supplies that will be used by the SROs, and shall be the
sole judge as to the most appropriate, efficient, and effective manner of
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 2
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 3 of 11
handling and responding to calls for Services or the rendering thereof,
and for assisting the District with its 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 Amended Agreement
is fully qualified and trained in accordance with ESHB 1214.SL 2021.
The City shall provide documentation that the SROs training series has
been completed or describe the plan for the SROs to complete the
training series within the first six months of working on school property
when students are expected to be present. All training costs required by
ESHB 1214.SL 2021 shall be the responsibility of the City.
The SROs are and will remain employees 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 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
or overtime costs due to off-duty employment. Off-duty employment
agreements, if any, shall be between the District and the City using a
separate mutually agreed upon written 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 Amended Agreement.
3.Term. This Amended Agreement shall be effective for a 1-year term, from
September 1, 2022 through August 31, 2023. Following expiration of the
initial year term, this Amended Agreement shall automatically be extended
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 3
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 4 of 11
for additional one-year terms thereafter, unless advance written notice of
cancellation is provided by one party to the other not less than 30 days
prior to expiration of the then current one-year term.
4.Payment for Services. The parties agree that the annual base salary
cost, including benefits, for maintaining one full-time SRO position is
presently $134,920.95. The cost for two full-time SRO positions
therefore is $269,841.90. The District will reimburse the City 60% of the
aforementioned annual base salary and benefits costs for two non-
supervisory full-time officers as provided by this Amended Agreement,
for the term of this Amended Agreement. Annual charges will be billed in
four quarterly installments. The City further has agreed to provide a
vehicle for the first full-time SRO officer at no additional cost to the
District. However, for the second full-time SRO officer, the District shall
remit an additional of $1,980.00 per quarter as a vehicle offset for the
second SRO. In the event an SRO position isn’t filled or becomes
vacant, then the cost to the District will be prorated. Both parties
acknowledge some training will need to occur during the 180 days with
summer training utilized whenever possible.
The District shall remit payment to 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 agreement, provided such understandings or modifications shall
be in writing so long as full total payment for a given school year is made
at least annually.
5.Emergency Situations. During days when school is in session, SROs will
not be assigned by the City 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.
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 4
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 5 of 11
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 Amended Agreement and/or
amendments to this Amended 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
tortious 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
the union representing the SRO’s.
8.Future Costs. Amount for subsequent years. Commencing January 1,
2023, and for each year thereafter, the District will increase its payment
to the City by 100% of the U.S. Consumer price Index for Urban Wage
Earners and Clerical Worker (CPI-W) July to July statistics for the Pacific
Region (Series ID # CWUR0490SA0) 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 November 1 of each year.
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 5
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 6 of 11
9.Student Discipline. The parties understand and agree that the District
has sole responsibility for the administration of student discipline.
10. Modification. Either party may, in writing, request changes in the
Amended Agreement. Any and all agreed modifications shall be in
writing, signed, by each of the parties and affixed to this Amended
Agreement.
11.Venue and Governing Law. In the event of litigation arising out of the
construction or interpretation of any of the terms of this Amended
Agreement, the venue of such action of litigation shall be in the courts of
the State of Washington, County of Douglas. This Amended Agreement
shall be governed by the law of the State of Washington.
12.Evaluation and Complaints. The evaluation of an SRO shall be the
responsibility of the City. The evaluation of an SRO shall include
information obtained from the District Superintendent or designee.
The parties shall have a process for families to file complaints related to
the SRO’s with the District and City. The District’s complaint resolution
process is found in District Policy and Procedure 4311 (School Safety
and Security Services Program). The City’s complaint resolution
process for the SRO is found in City Department Policy 1010.
13.Mediation. In the event that a dispute shall arise regarding the terms,
conditions, or breach of this Amended Agreement, the parties shall, as a
condition precedent to taking any action and as a condition precedent to
litigation, mediate the dispute using the services of a mutually agreed
upon independent mediator. The site of the mediation shall be in
Douglas County. The parties shall equally split the expenses of the
mediator and the facility for the mediation. Each party shall otherwise
pay its own expenses.
14.Confidentiality. Laws involving confidentiality govern both the District and
the City. Both the District and the City agree that its employees,
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 6
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 7 of 11
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) 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.
15.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.
16.Severability. If any term or condition of this Amended Agreement or the
application thereof to any persons(s) or circumstances is held to be
unconstitutional or invalid by a court of competent jurisdiction, such
invalidity shall not affect the validity of the remaining portion of this
Amended Agreement and the remainder shall remain in full force and
effect. The terms and conditions of this Amended Agreement are
declared severable.
17.Captions. The captions used herein are for convenience only and are not
a part of this Amended Agreement and do not in any way limit or amplify
the terms and provisions hereof.
18.No Waiver. Waiver of any breach or condition of this Amended
Agreement shall not be deemed a waiver of any prior or subsequent
breach. No term or condition of this Amended Agreement shall be held
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 7
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 8 of 11
to be waived, modified, or deleted except by an instrument, in writing,
signed by the parties hereto.
19.Entire Agreement. This written Amended Agreement represents the
entire agreement between the parties and supersedes any prior oral
statements, discussions, or understanding between the parties.
20.Counterpart Originals. This Amended 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.
21.No New Entity. This Amended Agreement is for the provision of services
to benefit both parties. No new entity or governing board is needed or
created. The administrators of this Amended Agreement shall be the
Superintendent of the District and the Mayor for the City. The parties do
not anticipate acquiring jointly-owned personal or real property under
this Amended Agreement. All assets of each party shall remain their
assets through the term of the Amended Agreement and its expiration.
22.Filing. As required by RCW 39.34.040, prior to this Amended
Agreement’s entry into force, this Amended Agreement shall be filed
with the county auditor or, alternatively, listed by subject on each party’s
web site or other electronically retrievable public source.
APPROVED BY THE EASTMONT SCHOOL DISTRICT BOARD OF DIRECTORS
ON __________
APPROVED BY THE EAST WENATCHEE CITY COUNCIL ON __________
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 8
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 9 of 11
CITY OF EAST WENATCHEE EASTMONT SCHOOL DISTRICT
By: Jerrilea Crawford By: Dr. Becky Berg
Its: Mayor Its: Superintendent
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Jerrilea Crawford, Mayor Dr. Becky Berg, Superintendent
City of East Wenatchee Eastmont School District
271 9th Street NE 800 Eastmont Avenue
East Wenatchee, WA 98802 East Wenatchee, WA 98802
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 9
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 10 of 11
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 will
do 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 safer
environment for students and faculty.
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 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 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 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 modification
of behaviors not conducive to a positive school environment and assist in law
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 10
City of East Wenatchee/Eastmont School District Interlocal Agreement – SRO Services Page 11 of 11
enforcement and security-related problem resolution.
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, 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 anyone 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.
EXHIBIT A
City of East Wenatchee
Resolution 2022-44 Exhibit A
Page 11