058-17 - South Kitsap School District - Contract"nV S»U
SEP 1 1 2017Contract No. 058-17
INTERLOCAL AGREEMENT BETWEEN
SOUTH KITSAP SCHOOL DISTRICT CITY OF PORT ORCHARD
CITY CLERKS OFFICEand
PORT ORCHARD POLICE DEPARTMENT
for
THE SCHOOL RESOURCE OFFICER PROGRAM
THIS AGREEMENT, made and entered into this ojojt
2017 by and between the South Kitsap School District, hereinafter referred to ds SKSD,
and the Port Orchard Police Department, hereinafter referred to as POPD.
day of j jl ,YAa
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 2017/2018;
NOW, THEREFORE, in consideration of the mutual representations and
covenants set forth herein, the parties hereby agree as follows:
SECTION l. Purpose
The purpose of this Agreement is to increase the security and school-building
safety of South Kitsap High School and Cedar Heights Junior High 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.
SECTION 2. Duties of the SRO
POPD will assign a uniformed officer to South Kitsap High School, Cedar Heights
Junior High 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 Junior High 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 Junior High 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;
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Act as a liaison between the SKSD administrators 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;
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 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 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 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.
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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, police commander or directly to the Chief of Police.
SECTION 5. Scheduling of the SRO
POPD agrees to assign a SRO on a full-time basis to SKSD during the regular
school year (does not include summer school term). Full-time basis shall mean an
assignment of eight 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 while school is in session unless approved by POPD. On scheduled workdays
when school is not in session, the SRO will work as assigned by POPD.
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
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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 $86,98547(eighty six thousand nine hundred eighty five dollars and forty
seven cents). 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 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-party 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 its
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 li.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, 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 of 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 I2.1ndependent Contractor Status of POPD
Both parties understand and agree that POPD is acting hereunder as an
independent contractor, with the following intended results:
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Control of personnel, standards of performance, discipline and other aspects of
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.
SECTION 14.Term of the Agreement
The Agreement shall be effective commencing September 6, 2017 and expire on
June 15, 2018, 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.
SECTION ls.Interviews and Arrest Procedures
If the SRO plans to interview 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 disruption to the school and other students. SKSD
employees will make parental notification of such interviews in accordance with policy
as 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 designate will 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 notify the Principal or his/her designate as soon thereafter as practical. In
the event that the arrested student is a juvenile, POPD will notify 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 i6.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.
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SECTION i7.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. Authorization
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.
SUPERINTENDENT
SOUTH KITSAP SCHOOL DISTRICTKarst Brandsma
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GEOFFREY C./MARTI
CHIEF OF POLICE
CITY OF PORT ORCHARD
MAYOR
CITY OF PORT ORCHARDROBERT PUTAANSUU
ATTEST-
CITY CLERK
CITY OF PORT ORCHARDBRANDY RINE'ARSON
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF PORT ORCHARDON CATES
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