Loading...
HomeMy WebLinkAboutContractCAG-20-445 INTERLOCAL AGREEMENT For SCHOOL RESOURCE OFFICERS Between THE CITY OF RENTON and RENTON SCHOOL DISTRICT NO.403 In Accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Renton ("The City"), and Renton School District No. 403 ("The District"), each of which is a Washington Municipal Corporation, hereby enter into the following INTERLOCAL AGREEMENT ("Agreement"): RECITALS WHEREAS: A. The District and the City desire to promote law enforcement and related services to Renton High School, Hazen High School, Lindbergh High School and other Renton District Schools within the City; B. A School Resource Officer Program has been established for District High Schools within the City as hereinafter described; C. The District and the City recognize the potential benefits of the School Resource Officer Program to the citizens of the City and particularly to the students and staff of the District High Schools within the City; and D. It is in the best interest of the citizens and residents of the District and the City to establish this program, NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 11�151_= r [1I�7_a1.eL�'/_l=�I►`fll lla& 1=�11i'/_:lM 1.1 This Agreement shall commence as of the first day of in -person classes of the 2020-21 school year and shall terminate as of August 31, 2022. 1.2 This Agreement may be renewed or amended by written agreement of both Parties. 1.3 This Agreement may be terminated or suspended by written agreement of both Parties, or upon written statement of termination or suspension by either party directed to the other party ninety (90) days in advance of such termination or suspension. Should the Agreement be terminated or suspended by either party, the District shall pay the City for services provided prior to the termination or suspension, and the City wiII reimburse the District on a prorated basis for any payment previously made in advance of services provided by the City. II. SCHOOL RESOURCE OFFICER PROGRAM 2.1 A School Resource Officer Program has been established between the City of Renton Police Department ("Renton PD") and the District, with services provided to Renton District High Schools within the City of Renton.. Said program shall continue for the term of this agreement. 2.2 Through the School Resource Officer Program, the District and the Renton PD have committed to providing a safe school environment that promotes education and SRO interaction with students in a INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS — Page 1 positive caring manner. This is accomplished with a committed partnership among the school, student, staff, parents, police department, and neighbors to enhance the schools and the community. III. RIGHTS AND DUTIES OF THE RENTON PD 3.1 The Chief of the Renton PD ("the Chief') shall assign three (3) regularly employed police officers as School Resource Officers ("SROs") to Renton High School, Hazen High School and Lindbergh High School in the City of Renton and will also provide additional services, as described herein, to other Renton District Schools located within the City of Renton. 3.2 The SROs shall be assigned to the District for a minimum of twenty (20) hours per week while school is in session. Additional time may be authorized by the department at the request of the school district not to exceed a total of forty (40) hours per week subject to department approval and provided the SRO's assistance is not required for other police activities away from the school. Absences from the school by the SRO during the school year for training or other Renton PD activities shall not exceed five (5) school days in duration at any one time. The Renton PD may temporarily reassign the SRO during school holidays, vacations, and other school closures, as needed. 3.3 The SRO shall also act as an instructor for specialized, short-term law enforcement related programs at the High Schools or other District schools within the City of Renton when invited to do so by the principal or member of the faculty. 3.4 The SROs shall have the following additional duties and responsibilities: 3.4.1 When requested by the principal, the SRO shall attend parent/faculty meetings to solicit support and understanding of the program,. 3.4.2 The SRO shall make him/herself available for conferences with students, parents and faculty members in order to assist them with problems related to law enforcement or crime prevention. 3.4.3 The SRO shall become familiar with all community agencies which offer assistance to youth and their families such as youth job placement assistance, mental health clinics, drug treatment centers, etc. The SRO shall make referrals to such agencies when necessary thereby acting as a resource person to the students, faculty, and staff of the school. 3.4.4 The SRO shall assist the principal and the District's Director of Safety and Security in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest. The SRO will work to improve relationships and understanding between students and law enforcement. 3.4.5 The SRO shall assist and advise the District's Director of Safety and Security in planning and coordinating the work of the District and School Safety Officers who work under the supervision of the Director of Safety and Security 3.4.6 Should it become necessary to conduct formal police interviews with a student, the SRO shall adhere to federal, state, and local laws, as well as adhere to any applicable Renton PD policies with regard to such interviews. 3.4.7 The SRO shall take law enforcement action as required, including but not limited to appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school activities. As soon as practicable, the SRO shall make the principal of the school aware of any law enforcement action. INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS — Page 2 3.4.8 The SRO shall give assistance to other police officers in matters regarding his/her school assignment, whenever necessary. 3.4.9 The SRO may be assigned to patrol the assigned school and surrounding neighborhoods in order to identify, investigate, and prevent incidents involving weapons, violence, harassment, intimidation, and other law violations. The SRO may also be assigned investigations related to runaways, assaults, thefts, and truancy, provided such investigations relate to the students attending the school to which the SRO is assigned. The SRO may also be assigned or provide traffic enforcement duties at the schools and surrounding neighborhoods. Such duties may include school zone speed enforcement. 3.4.10 The SRO shall maintain detailed and accurate records of the operation of the School Resource Officer Program. 3,4.I 1 The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believes an incident is a violation of the law, the principal is expected to contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. The SRO must understand when to informally interact with a student and when to enforce the Iaw; their focus should be on keeping students out of the criminal justice system, when possible and should not attempt to impose criminal sanctions that are more appropriately Dandled within the educational system, 3.4.12 The SRO shall not be used for regularly assigned duties such as lunchroom duty. If there is a problem area, the SRO may assist the school until the problem is solved. The SRO serves in a role to teach, act as an informal counselor, and as a law enforcement officer. 3.4.13 The SRO shall have a primary obligation to the City, not the School District. This Agreement and the performance thereof by the City and Renton PD shall not create any special relationship with any person, nor shall it create a duty to protect any specific persons or entities from harm or injury including the party signing this Agreement. The law enforcement/peacekeeping duties to be performed pursuant to this Agreement are the same in extent and scope as those provided by police officers to every member of the public. 3.4.14 Any exceptions to the above must be mutually agreed upon by the Chief, the Renton PD, the District, and the School Principal. IV. RIGHTS AND DUTIES OF THE DISTRICT 4.1 The District shall provide the SRO with the materials and facilities necessary to the performance of the SRO duties at the assigned High School. 4.2 The following materials and facilities are deemed necessary to the performance of the SRO's duties: 4.2,1 Access to a properly lighted private office with a telephone that may be used for general business purposes. 4.2.2 A location for files and records that can be properly locked and secured. 4.2.3 A desk with drawers, a chair, work table, filing cabinet, and office supplies. 4.2.4 Access to a computer, and/or clerical assistance, V. FINANCING OF THE SCHOOL RESOURCE OFFICER INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS — Page 3 5.1 The District will compensate the City for a portion of the salary and benefits incurred for the assigned School Resource Officers on a monthly basis for the duration of the agreement, to be pro -rated based on the number of school days worked by the SRO. The District will pay the City based on an annual rate of $85,000 each school year, for each SRO assigned, prorated and invoiced on a monthly basis. 5.2 Any overtime hours requested and authorized by either party to this Agreement shall be paid by the party requesting and authorizing the additional overtime hours. If the District requests and authorizes the overtime hours, the District will be separately invoiced for the direct salary, at a rate of time and one-half and related benefits for the overtime hours worked by the assigned SRO. VI. EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICERS The SROs shall be employees of the Renton PD and shall not be employees of the District. The District and the City acknowledge that the SROs shall remain under the direct supervision of the Renton PD. VII. APPOINTMENT OF SCHOOL RESOURCE OFFICERS 7.1 The SRO must be a volunteer for the position with a minimum of three (3) years of law enforcement service or experience, unless the only available volunteers have lesser experience. 7.2 The appointment of the SRO shall be at the discretion of the Chief based upon: 7.2.1 A written application to the Chief that outlines his/her qualifications; and 7.2.2 Input from the Superintendent of Schools or his/her designee, and the District's Director of Safety and Security. 7.3 Additional criteria for consideration by the Chief shall include job knowledge, training, education, appearance, attitude, communication skills, and bearing. VIII. DISMISSAL OF SCHOOL RESOURCE OFFICER; REPLACEMENT 8.1 In the event the district determines that the SRO is not effectively performing his or her duties and responsibilities, the district shall state the reasons therefore in writing, and shall request a mediation process, as described herein, to resolve the issue(s) identified. If the Chief desires, the Superintendent and Chief, or their designees shall meet with the SRO to mediate or resolve the identified problems, At such meeting, specified school or district staff may be required to be present. If, within a reasonable amount of time after commencement of such mediation the problem cannot be resolved or mediated or in the event mediation is not sought by the Chief, then the SRO shall be removed from the program and a replacement shall be obtained. 8.2 The Chief may dismiss or reassign the SRO based upon Renton PD rules, policies, and/or general orders and when it is in the best interest of the Parties, the students or the citizens of the City of Renton. 8.3 In the event of the resignation, dismissal, or reassignment of the SRO, or in the case of long term absences by the SRO, the Chief shall provide a temporary replacement for the SRO within thirty (30) school days of such absence, dismissal, resignation, or reassignment. As soon as practicable, the chief shall appoint a permanent replacement for the SRO position. IX. LIABILITY INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS — Page 4 Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees, and its agents. Each party shall be responsible for its own negligence; neither party shall indemnify nor Bold the other party harmless. X. MISCELLANEOUS PROVISIONS 9.1 Effective Date. This Agreement shall be effective upon ratification by action of the governing body and execution by the chief Executive Officer of each of the Parties. 9.2 Amendment. This Agreement may be amended only upon consent of all Parties hereto. Any amendment hereto shall be in writing and shall be ratified and executed by the Parties in the same manner in which it was originally adopted. 9.3 Emergency Provisions. If, as a result of a state of emergency, this agreement is modified, an amendment reflecting the modifications may be ratified and executed after the fact in accordance with Section 9.2, above. 9.4 Waiver. The waiver by any Party of any breach of any term, covenant, or condition of the Agreement shall not be deemed a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 9.5 Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 9.6 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 9.7 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or whether signed in counterparts. 9.8 Notices. Except as otherwise provided in the Agreement, any notice required be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested, or by personal service to: INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS -- Page 5 Dr. Damien Pattenaude, Superintendent Renton School District No. 403 300 SW 7th Street Renton, WA 98057 Ed VanValey, Chief of Police City of Renton Police Department 1055 South Grady Way Renton, WA 98057 EXECUTED and APPROVED by the Parties in identical counterparts of this Agreement, each of which shall be deemed an original hereof, on the dates set forth below. Dated this 23 day of November , 2020. CITY OF RENTON By: A�-- Armondo Pavone, Mayor Attest: �,✓'w" Jason A. Seth, CMC, City Clerk Approved as to Legal Form: EtS TpA ' oRPOR Plltp R~ w'\uo•���. Approved by Alex Tuttle via 10-1-2020 email Shane Moloney, City Attorney INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS — Page 6 SCHOOL DISTRICT direction of the Renton School Board at an public meeting held on: