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084-20 - South Kitsap School District - ContractINTERLOCAL AGREEMENT BETWEEN SOUTH KITSAP SCHOOL DISTRICT and CITY OF PORT ORCHARD AND THE PORT ORCHARD POLICE DEPARTMENT for THE SCHOOL RESOURCE OFFICER PROGRAM Contract No. 084-20 THIS AGREEMENT is made and entered into this 26th day of October, 2020 by and between the South Kitsap School District, hereinafter referred to as SKSD, and the City of Port Orchard by and through the Port Orchard Police Department, hereinafter referred to as POPD. Whereas, POPD is the law enforcement agency principally responsible to provide police services to the SKSD schools located within the City of Port Orchard and entering into this agreement will assist in providing additional law enforcement services to those schools; Whereas, SKSD provides for the partnership between SKSD and POPD, to provide School Resource Officers on SKSD campuses; Whereas, as authorized by chapter 39.34 RCW, SKSD and POPD are entering into an interlocal agreement for 2020/2021; NOW, THEREFORE, in consideration of the mutual representations and covenants set forth herein, the parties hereby agree as follows: SECTION 1. Purpose The purpose of this Agreement is to increase the security and school -building safety of South Kitsap High School and Cedar Heights Middle School and Sidney Glen Elementary School through funding necessary to permit assignment by POPD of a full-time experienced commissioned POPD officer on a full-time basis to SKSD during the regular school year. However, the officer will only be half-time during the time that the school district is educating students remotely. SECTION 2. Duties of the SRO POPD will assign a uniformed officer to South Kitsap High School, Cedar Heights Middle School and Sidney Glen Elementary School, hereinafter referred to as a School Resource Officer or SRO, to promote safety and serve as a positive resource to South Kitsap High School, Cedar Heights Middle School, Sidney Glen Elementary School and surrounding neighborhoods. The duties and responsibilities of the SRO include, but are not limited to, the following: Patrol South Kitsap High School, Cedar Heights Middle School, Sidney Glen Elementary School and surrounding areas in order to identify, investigate, deter and prevent crimes, especially those incidents involving weapons, youth violence, harassment, gang involvement, drugs or similar activities; Act as a liaison between the SKSD administrators and POPD; Wear the official police uniform, including a firearm, with civilian attire being worn on such Page 1 of 6 occasions as may be mutually agreed upon by the school district, the SRO, and his immediate supervisor; Establish and maintain a working rapport with the school administration and staff; Provide school -based security during the regular school day and assist in the promotion of a safe and orderly environment at SKSD. (The SRO, however, shall not act as a disciplinarian. If the SRO is confronted with a non -criminal violation such as a school rule violation, the SRO may refer the matter to school administration); Assist in mediating disputes on campuses, including working with students to help them solve disputes in a non-violent manner; Act as a resource person in the area of law -enforcement education at the request of staff, speaking to classes on the law, search and seizure, drugs, motor vehicle laws, etc; Maintain an activity log, to include all SRO activities such as meetings, conferences, extra- curricular activities, events, arrests, investigations, and training; Provide a monthly report to POPD and the SKSD; and Perform other duties as mutually agreed upon by the SKSD, the SRO, and the SRO's immediate supervisor provided that the duty is legitimately and reasonably related to the SRO program as described in this Agreement and is consistent with Federal and State law; local ordinances; and POPD and SKSD policies, procedures, rules and regulations. SECTION 3. Office Space, Supplies and Parking Space SKSD shall provide the following for the SRO's use: A private space, with sufficient lighting and heat, within South Kitsap High School and Cedar Heights Middle School to be used by the SRO for general office purposes; Necessary office supplies, including but not limited to, a locking cabinet, a desk, and a phone; and a police parking space. SECTION 4. Supervision of the SRO The SRO shall remain an employee of POPD and shall not be an employee of SKSD. The SRO shall remain responsive to the supervision and chain of command of POPD. POPD shall remain solely responsible for the SRO's hiring, training, discipline, or dismissal. Any allegation of improper conduct shall be referred to the SRO's immediate supervisor, Deputy Chief, or directly to the Chief of Police. SECTION 5. Scheduling of the SRO POPD agrees to assign an SRO on a Half-time basis to SKSD during the remote phase of the school year (does not include summer school term). Half-time basis shall mean an assignment of four hours per day during regularly scheduled school hours less any scheduled vacation time, sick time, training time, court time, or any other police -related activity, including any emergencies such as civil disasters. The SRO will not take vacation time while school is in session unless approved by Page 2 of 6 POPD. On scheduled workdays when school is not in session, the SRO will work as assigned by POPD. When SKSD returns to a hybrid model or regular model of instruction at a secondary school (i.e., Cedar Heights and/or South Kitsap High School) the SRO will return to full time. Notice of this change will be provided to the POPD no later than 30 days prior to the request. During days when school is in session, the SRO will not be assigned by the City to duties other than those set forth herein, except for required Departmental training or in response to emergency situations, as determined by the sole discretion of the Chief of Police or his designee, necessitating the response of additional police personnel. SECTION 6. Overtime Hours The SRO may not work overtime hours without the prior approval of POPD. Overtime work will be paid in accordance with POPD policies. SECTION 7. Selection of SRO POPD will select the SRO after consultation with SKSD. Factors which POPD shall consider during the selection process include the following: The SRO must be capable of conveying a positive police presence on the school, campus and in the community. The SRO must have the ability to be a positive resource to the school, staff, students, parents, and residents in the surrounding neighborhood. The SRO must agree to attend any necessary training schools or classes that are needed to increase his/her skills for the position. SRO assignment vacancies will be filled in accordance with this Section and within department policies and collective bargaining agreements. SECTION 8. Removal of SRO In the event the SKSD administration has cause to believe that the particular SRO is not effectively performing in accordance with this Agreement, the Superintendent may recommend in writing to POPD that the SRO be removed from the program. Within ten business days after receiving the recommendations, the Superintendent or his/her designate will meet with the Chief of Police or his/her designate to discuss the recommendation. If the problem cannot be resolved in the opinion of both the Superintendent and the Chief of Police, or their designees, then the SRO shall be removed from the program and a replacement SRO will be selected in accordance with this Agreement. The selection process shall not exceed 30 days. SECTION 9. Funding In consideration of POPD's assignment of the SRO to SKSD, SKSD agrees to pay the sum of $41,718.88 (Forty-one thousand seven hundred eighteen dollars and eighty-eight cents), provided the amount owed shall be prorated while the SRO is in half-time status under this agreement. The parties understand and acknowledge that the sums provided under this agreement do not completely fund the position of a full-time officer and the POPD reserves the right to assign the officer to other police functions in the event of an emergent need, including but not limited to civil unrest or natural emergency. By way of illustration and not limitation, the SRO could be called out in order to deal with a developing police emergency in Kitsap County, returning to Page 3 of 6 South Kitsap Schools at the conclusion of the emergency situation. SECTION 10. No Third -Party Rights The establishment of this program and the execution of this Agreement shall create no third -parry rights. In particular, the parties agree by establishing this program, that no past practice has been created with respect to duty assignment, the maintenance of the program, or to otherwise limit the management discretion of POPD under it collective bargaining agreement. This Agreement further shall not create any third -party rights to the officer assigned or any other officer of the Port Orchard Police Department, to the citizens of Port Orchard, or to any other person. SECTION 11. Insurance and Indemnification The parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The parries further agree that no indemnification shall be provided for except as specifically set forth below and that the respective liability of the parries to each other and to third persons shall be determined in accordance with the laws of the State of Washington. SKSD will protect, defend, indemnify and hold harmless POPD, its officers, employees, or agents from any and all costs, claims, judgments or awards of damage arising out of or in any way resulting from negligent acts or omissions of SKSD, its officers, employees or agents. POPD will protect, defend, indemnify and hold harmless SKSD, its officers, employees or agents from any and all costs, claims, judgments or awards or damage arising out of or in any way resulting from negligent acts or omissions of POPD, its officers, employees or agents. In the event of concurrent liability, the Parties shall have the right of contribution in proportion to the respective liability of each party. Nothing contained in this Section shall be deemed to waive immunities established pursuant to State Statute or to create third -party rights or immunities. SECTION 12. Independent Contractor Status of POPD Both parties understand and agree that POPD is acting hereunder as an independent contractor, with the following intended results: Control of personnel, standards of performance, discipline and other aspects of the performance of the SRO shall be governed entirely by POPD; All persons rendering services hereunder shall be for all purposes employees of POPD; All liabilities for salaries or wages or any other compensation shall be the responsibility of POPD. SECTION 13. SKSD Responsibility for Safety and Security Both parties understand and agree that SKSD retains its legal responsibility for the safety and security of the school district, its employees, students, and property and that this Agreement does not alter that responsibility. The SRO shall comply with all SKSD requirements for COVID-19 screening and prevention while performing services pursuant to this Agreement. SECTION 14. Term of the Agreement The Agreement shall be effective commencing September 9, 2020, and expire on June 12, 2021, unless mutually extended by the parties in writing. Upon expiration of the Agreement, all equipment furnished by POPD shall remain the sole property of POPD, and any facilities, office equipment, or other material support provided by SKSD shall remain the sole property of SKSD. This Agreement may be terminated by SKSD or POPD, effective at the end of any school year, by giving to the other party notice of termination at least 60 days before the end of the school year. Page 4 of 6 SECTION 15. Interviews and Attest Procedures If the SRO plans to interview the suspects or victims of crime, the SRO, to the extent practicable, will advise the Principal or his/her designate and work with the Principal or his/her designate to minimize the disruption to the school and other students. SKSD employees will make parental notification of such interviews in accordance with policy established in SKSD regulations and applicable laws. The Principal or Principal's designees may request to the SRO to be present during the interview of a student. If permitted, the Principal or his/her designee will be present solely as an observer of the interview and not a participant therein. The presence of an SKSD employee at an interview of a student regarding a criminal matter shall make said employee subject to subpoena as a witness thereto. In the event the SRO arrests a student at an SKSD school, the SRO shall notify the Principal or his/her designate as soon thereafter as practical. In the event the arrested student is a juvenile, POPD will notify the parents or legal guardian pursuant to POPD policy and procedure. SKSD may also make notifications as may be necessary under its own guidelines. SECTION 16. Release of Student Information Upon request by POPD, SKSD will provide directory information relating to its students, which is allowable under SKSD policy and State and Federal law. SECTION 17. Police Reports The SRO shall not provide SKSD with police reports except as allowed by Washington State law and/or POPD policies and procedures. SECTION 18. Modification. Either party may, in writing, request changes in the Agreement. Except as otherwise provided herein, aAny and all agreed modifications shall be in writing, signed by each of the parties and affixed to this Agreement. SECTION 19. Venue and Governing Law. In the event of litigation arising out 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 Kitsap. This Agreement shall be governed by the law of the State of Washington. SECTION 20. No Joint Venture or Separate Entity Created. No joint venture or partnership is formed as a result of this Agreement, and no separate legal entity is formed hereby. The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party subject to the policies, procedures and control of that Party, and shall not be considered for any purpose to be employees or agents of the other Party. SECTION 21. Entire Agreement. This written Agreement represents the entire agreement between the parties and supersedes any prior oral statements, discussions, or understanding between the parties. SECTION 22. Counterpart Originals. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 18. Authorization Page 5 of 6 By resolution or ordinance or otherwise pursuant to law, the governing bodies of the parties listed below have authorized their respective designated officials to execute this agreement on their behalf. �"r• "' SUPERINTENDENT TIM WINTER SOUTH KITSAP SCHOOL DISTRICT CHIEF OF POLICE MA'I'TFI OWN CITY OF PORT ORCHARD MAYOR ROBERT PUTAANSUU CITY OF PORT ORCHARD ATTEST: l CITY CLERK I •ARSON CITY OF PORT ORCHARD APPROVED AS TO FORM: SEAL P.g.6 of 6 CITY ATTORNEY CITY OF PORT ORCHARD