Loading...
065-18 - South Kitsap School District - ContractINTERLOCAL AGREEMENT BETWEEN SOUTH KITSAP SCHOOL DISTRICT and PORT ORCHARD POLICE DEPARTMENT for THE SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT, made and entered into this 5'h day of September, 201.8 by and between the South I(itsap School District, hereinafter referred to as SI(SD, and the Pott Orchard Police Departrnent, hereioafter teferred to as POPD. \Whereas, POPD is the law enforcement agency pnncipally 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 enfotcement services to those schools; Whereas, SKSD provides for the partnership between SKSD and POPD, to provide School Resource Off,rcers on SI(SD campuses; Whereas, as authorized by chapter 39.34 RCW, SKSD and POPD are entenng into an interlocal agreement for 201.8 / 201,9 ; NOW, THEREFORE, in consideration of the mutual representations and covenants set foth 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 I(itsap High School and Cedar Heights Junior High School and Sidney Glen Elementary School through funding necessary to permrt assignment by POPD of a full-time, experienced commissioned POPD officer on a full-time basis to SI{SD during the regular school year. SECTION 2. Duties of the SRO POPD will assign a uniformed officer to South Kitsap High School, Cedar Heights Juruor High School and Sidney Glen Elementary School, hereinafter tcferred to as a School Resource Officer or SRO, to promote safety and serve as a positive resource to South I(itsap High School, Cedar Heights Junior High School, Sidney Glen Elementary School and surrounding neighborhoods. The duties and responsibiJities of the SRO include, but are not limited to, the following: Parrol South I(itsap High School, Cedar Heights Junior High School, Sidney Glen ElemerLtary School and surrounding areas in otdet to identi$r, investigate, deter and Prevent crimes, especially those incidents involving v/eapons, youth violence, harassment, gang involvement, drugs or similar acuvltles; Act as a liaison between the SKSD admrnistrators and POPD; Wear the official police uniform, including firearm, with civilian attire being worn on such 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; Ptovide school-based security during the regular-school dav 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 conftonted with a non-criminal violation such as a school rule violauon, the SRO will assist only for the purpose of providing security for the school staff member(s) charged with enforcing school rules. In the absence of an authorized school district employee, the SRO may refet 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 arca 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, aff e sts, inve s tigations, and training; Provide a monthly report to POPD and the SI(SD; and Perform other duties as mutuaUy 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 SI(SD 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 Cedat Heights Junior High 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 SI(SD. The SRO shall remain responsive to the supervision and chain of command of POPD. POPD shall remain solely responsible for the SRO's hiring, ttaining, discipline, or dismissal. Any allegation of improper conduct shall be referred to the SRO's immediate supervisor, police commander or direcdy to the Chief of Police. SECTION 5. Scheduling of the SRO POPD agrees to assign a SRO on a full-time basis to SI(SD during the regular school year (does not include sununer school term). Full-time basis shall meafl an assignment of eight hours per day during regulady scheduled school hours less any scheduled vacation time, sick time, training time, couft time, or arty other police-related activiry, including any emergencies such as civil disasters. The SRO \Mill not take vacation whjle school is in session unless approved by POPD. On scheduled workdays when school is not in session, the SRO wiII uzork as assigned by POPD. SECTION 6. Overtime Houts 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 posiuve police presence on the school, campus and in the communrty. The SRO must have the abiJiry to be a posiuve resource to the school, staff, students, parents, and residents in the sutrounding neighborhood. The SRO must agree to attend any necessary training schools or classes that are needed to increase [us/her skills for the posiuon. SRO assignment vacancies will be filled in accordance with this Section and withrn department pohcies and collective batgaining agreements. SECTION 8. Removal of SRO In the eveflt, the SI(SD administration has cause to believe that the particulat SRO is not effectively performing in accordance with this Agreement, the Superintendent may recommend in writng to POPD that the SRO be removed from the program. \Tithin 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 Potce, or ther 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 589,840.00 @ighty nine thousand eight hundred forry dollars). The parties understand and acknowledge that the sums provided under this agreement do not cornpletely fund the position of a fuII-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 hmited 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 Countl , returniflg to South Kitsap Schools at the conclusion of the emergeflcy situation. SECTION 1.0. No Third-Party Rights The establishment of this program and the execution of this Agreement shall create no third-party rights. In particular, the parties agree by establishing this program, that no past practice has been created wrth respect to dury assignment, the maintenance of the program, or to otherwise limit the management discretion of POPD under its collective batgaining agreement. This Agreement further shall not create any third-parry rights to the officer assigned or any other offi.cer of the Port Orchard Police Depattment, to the citizens of Port Orchard, or to any othet petson. SECTION ll.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 parties further agree that no indemnification shall be provided for except as specifically set forth below and that the respective liability of the parties to each other and to third persons shall be determined in accordance with the laws of the State of Washington. SKSD will protect, defend, indemnifu and hold harmless POPD, its ofFrcers, 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 of omissions of SKSD, its ofFtcers, employees or agents. POPD will protect, defend, indemni$, 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 offlcers, employees or agents. In the event of concurrent liability, the Paties shall have the right of contnbution in proportion to the respective liability of each party. Nothing contained in thrs Section shall be deemed to waive immunities established pursuant to State Statute or to create third-party rights or immunities. SECTION l2.Independent Contractor Status of POPD Both parties understand and agree that POPD is acung hereunder as an independent contractor, with the following intended results: Control of personnel, standards of performance, discipline and other aspects of performance of the SRO shall be govetned entitely by POPD; All persons rendering services heteunder shall be for all purposes employees of POPD; All liabilities for salarie s or wages or any other compensation shall be the responsibility of POPD. SECTION l3.SKSD Responsibility for Safety and Security Both parties understand and agree that SKSD retains its legal responsibiliry for the safety and security of the school district, its employees, students and property and that this Agreement does not alter that responsibility. SECTION l4.Term of the Agreement The Agreement shall be effecrive commencing September 5, 201,8 and expire on June 14, 201.9, unless mutually extended by the parties in writing. Upon expirauon of the Agreement, all equipment furnished by POPD shall remain the sole property of POPD, and any faci.lities, office equipment, or other material support provided by SKSD shall remain the sole property of SKSD. This Agreement may be terminated by SI$D or POPD, effective at the end of any school year, by giving to the other party notice of termination at least 60 days before the end of the school year. SECTION l5.Interviews and Arrest Procedures If the SRO plans to interview suspects or victirns of ctime, the SRO, to the extent practicable, will advise the Principal or his/her designate and work with the Principal or lrrs/her designate to minimize disruption to the school and other students. SKSD employees will make parental notification of such interviews in accordance wrth policy as established in SI(SD regulations and applicable laws. The Principal or Principal's designees may request to the SRO to be present during the interview of a student. If permitted, the Principal or his/her designate wiII be present solely as an observer of the interview and not a participant therein. The presence of a SKSD employee at an interview of a student regarding a criminal matter shall make said employee subject to subpoena as a witness thereto. In the event the SRO arrests a student at a SKSD school, the SRO shall noti$, the Principal or his/her designate as soon thereafter as practical. In the event that the arrested student is a juvenile, POPD will notift the parents or legal guardian pursuant to POPD policy and procedure. SKSD may also make notification as may be necessary under its own guidelines. SECTION l6.Release of Srudent 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 l7.Police Reports The SRO shall not provide SKSD with po)ice reports except as allowed by Washington State law andf or POPD policies and procedures. SECTION l8.Authodzation By resolution or ordinance or otherwise pursuant to law, the governing bodies of the parties Iisted below have authorized their respective designated officials to execute this agreement on their behalf. BRANDSM..\ SUPERINTENDENT SOUTH KITSAP SCHOOL DISTRICT GEOFFREY CHIEF OF POLICE CITY OF PORT ORCHARD ROBE,RT PUTAANSUU MAYOR CITY OF PORT ORCHARD A RINEARSON CiTY CLERK CITY OF PORT ORCHARD APPROVED AS TO FORM: CITY ATTORNEY CITY OF PORT ORCHARDCATES SEAL