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Memorandum of Understanding between
City of Auburn Police Department and Auburn School District
Relating to Law Enforcement (School Resource Officer) Services
This is a memorandum of understanding (MOU) between the City of Auburn, located
in King County, State of Washington, hereinafter referred to as the "City", and the
Auburn School District, hereinafter referred to as the "School District."
WHEREAS, the School District desires to provide School Resource Officer
(SRO) services for its students and staff in the incorporated city limits of the
City of Auburn, and;
WHEREAS, the City desires to provide a School Resource Officer to students
and staff at Auburn Mountain View High School, Rainier Middle School, Lea Hill
Elementary School, Hazelwood Elementary School, Jacobson Elementary
School and has resources to provide such services;
NOW THEREFORE, the City and the School District hereby agree:
1. CITY RESPONSIBILITIES:
As permitted by resources, the City will provide the following services within the
School District during the course of the official 2008/2009 school year:
1.1. School Resource Officer Services. The City will provide a full-time
commissioned police officer dedicated to Auburn Mountain View High School
and available to Rainier Middle School, Lea Hill Elementary School,
Hazelwood Elementary School and Jacobson Elementary School during the
2008/2009 school year. Services shall be provided on days that school is in
session from the first official school day until the last official school day. This
officer shall be referred to as School Resource Officer (SRO) and will provide
law enforcement services to the designated schools within the school district,
as detailed in Exhibit A to this document, incorporated hereto.
1.2. Support Services. Support services shall include legal advisement, planning
and statistics, training, accounting, payroll, personnel, labor relations, media
relations, fleet control, radio maintenance, purchasing, records,
inspections/internal investigations, and Auburn Police Department support to
the SRO. Such support services shall include the legal services of the
Auburn City Attorney relating to enforcement of municipal criminal and traffic
codes or prosecutions arising from those codes. Such legal support services
for the SRO shall be consistent with legal services provided to the Auburn
Police Department and Auburn Police Officers generally and prosecution
services shall only extend to municipal court matters. All other prosecution
matters will be referred to the appropriate county prosecutor.
Attachment A
2. ORGANIZATIONAL DETAIL/MANAGEMENT STRUCTURE:
2.1. The City will provide the services identified in section 1 through the following
organization.
2.1.1. A specifically identified SRO will be selected and assigned by the
Auburn Police Department with the input from the School District
Superintendent or designee. The continued assignment of the SRO will
be subject to satisfactory performance, as determined by the City in
consultation with the School District.
2.1.2. The SRO will respond to day-to-day law enforcement concerns
identified by the School District officials and staff.
2.1.3. The SRO will be available to the School District during mutually agreed-
upon days and hours for activities such as school events, meetings of
the School District, and appropriate community meetings as long as
such activities can be performed without incurring overtime expenses
and the agreed-upon days and hours are not in conflict with labor
agreements. The School District will provide office space as needed.
2.1.4. Each SRO assigned work pursuant to this contract is subject to call by
the City's Chief of Police or the Chief's designee at any time for
emergencies, special assignment, or overtime duty. This assignment
shall not infringe or interfere with this obligation.
2.1.5. The SRO's regularly-assigned shift will. be on weekdays during normal
school hours. Changes to that schedule require a minimum of seven
days notice. The SRO will not be available to the School District during
weekends, holidays, or school breaks.
3. PERSONNEL AND EQUIPMENT:
3.1. The City is acting hereunder as an independent contractor so that control of
personnel, standards of performance, discipline and all other aspects of
performance shall be governed entirely by the City.
3.1.1. All persons rendering service hereunder shall be for all purposes
employees of the City;
3.1.2. All liabilities for salaries, wages, any other compensation, injury, or
sickness arising from performance of the law enforcement services by
the City hereunder shall be that of the City.
3.1.3. The City shall furnish all personnel and such resources and material
deemed by the City as necessary to provide the level of law
enforcement service herein described.
3.2. In the event that the designated SRO is absent from his or her post, the City
has no obligation to fill that post with another officer.
3.3. The City may temporarily re-assign the SRO to other duties as needed to
address law enforcement occurrences or demands.
3.4. SRO's engaged in this assignment are obligated to discharge all duties of
their office and to adhere to the City's Police Department policies and
procedures at all times. Such officers shall obey, uphold and enforce the
laws of the City and the State of Washington and the Constitutions of the
State of Washington and the United States of America at all times. Such
Attachment A
officers shall understand that while they are on an SRO assignment under
this contract, they may be subject to discipline by the City. Police officers
performing work pursuant to this contract shall only provide law enforcement/
peacekeeping services as specified in Section 1.1 of this contract and they
are at all times while performing said services subject to the direction and
control of the City police department only.
4. COMPENSATION:
4.1 In support of this program, for the SRO assigned, the School District agrees
to provide compensation equivalent to one-third of the cost of a School
Resource Officer for the school.
4.1.1. This amount will be calculated by the City, and will be provided in
Exhibit B.
4.2. The estimated contract amount will be billed in two invoices. The first will be
delivered to the School District no later than December 31. The second will be
delivered to the School District no later than June 1. Payment is due to the
City within 30 days of invoicing.
4.3. An estimate of the cost will be provided to the School District by June 1, 2008.
This estimate will be updated based on the assigned officers contractual
wages, salary and benifits package.
5. SCHOOL DISTRICT RESPONSIBILITIES:
5.1. In support of the City providing the services described above, the School
District promises to supply at its own cost and expense any special supplies,
stationery, notices, forms and like where such must be issued in the name of
the School District.
6. DURATION:
This agreement begins September 1, 2008 and will remain in effect until June 30
2009. Either party may terminate this agreement with 90 days written notice.
7. INDEMNIFICATION:
7.1. The City shall indemnify and hold harmless the School District and its officers,
agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by
reason of or arising out of any act or omission of the City, its officers, agents
and employees, or any of them, in the performance of this Agreement. In the
event that any such suit based upon such a claim, action, loss or damage is
brought against the School District, the City shall defend the same at its sole
cost and expense; provided, that the School District reserves the right to
participate in such suit if any principle of governmental or public laws is at
issue. If final judgment be rendered against the School District and its
officers, agents and employee, or any of them, or jointly against the School
District and the City and their respective officers, agents and employees, or
any of them, the City shall satisfy the same.
Attachment A
7.2. In executing this agreement, the City does not assume liability or
responsibility for or in any way release the School District from any liability or
responsibility which arises in whole or in part from the existence or effect of
School District policies, procedures, rules or regulations. If any cause, claim,
suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such School District policy, procedure, rule
or regulation is principally at issue, the School District shall defend the same
at its sole expense and if judgment is entered or damages are awarded
against the School District, the City or both, the School District shall satisfy
the same, including all chargeable costs and attorney's fees.
7.3. The School District shall indemnify and hold harmless the City and its officers,
agents and employees, or any of them, from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by
reason of or arising out of any act or omission of the School District, its
officers, agents and employees or any of them, relating to or arising out of the
performance of this Agreement. In the event that any suit based on such a
claim, action, loss or damage is brought against the, City, the School District
shall defend the same at its sole costs and expense; provided that the City
retains the right to participate in said suit if any principle of governmental law
is at issue; and if final judgment be rendered against the City and the School
District and their respective officers, agents and employees, or any of them,
the school District shall satisfy the same.
8. NON-DISCRIMINATION:
The City and the School District certify that they are Equal Opportunity Employers.
The City and School District have developed and implemented Affirmative Action
Programs in accordance with the guidelines in Revised Order 4 of the United
States Department of Labor.
9. AUDITS AND INSPECTIONS:
The records and documents with respect to all matters covered by this contract
shall be subject to inspection, review or audit by the City or School District during
the term of this contract and for three (3) years after termination.
10. AMENDMENTS:
The Agreement may be amended at any time by mutual written agreement of the
parties.
11. ENTIRE AGREEMENT:
The parties agree that this Agreement is the complete expression of the terms
hereto and any oral representations or understanding not incorporated herein are
excluded.
12. CONTRACT ADMINISTRATION:
The parties shall each appoint representatives to review contract performance and
resolve problems. Each party shall notify the other in writing of its designated
Attachment A
representatives. The representatives from the City will include the Auburn Police
Department and City of Auburn Finance Department. The contract administrators
will meet as needed with either party authorized to call a meeting with ten days
written notice to the other.
13. SPECIAL DUTY TO SCHOOL DISTRICT OR OTHERS
SRO's assigned to the Distict retain a primary obligation to the City, not the School
District. They are expected to discharge all duties of their office while performing
pursuant to this contract and will not perform any non-law
enforcement/peacekeeping functions for School District. Furthermore, this
contract and performance thereof by the City police officers shall not create any
special relationship with any person or duties to protect any specific persons from
harm or injury including the party signing this contract. The law
enforcement/peacekeeping duties to be performed pursuant to this contract are
the same in extent and scope as those provided by police officers to every
member of the public
13. MISCELLANEOUS:
Any problem which cannot be resolved
shall be referred to the chief executi
Auburn Chief of Police for settlement.
by the parties' designated representatives
to officer of the School District and the
IN WITNESS WHEREOF, the parties have executed this agreement.
it of A School District
Mayor of Aub rn
-7
Date
OIXWVS S fLA J
Aub rn Police Chief
Date
r
hief Executive O is
O
Date
Approved as to Form
School District Attorney
-7
Date
Attachment A
Exhibit A: Services Provided:
A maximum of five schools may be
schools to be served under this agreer
1. Auburn Mountainview High School
2. Rainier Middle School
3. Hazelwood Elementary School
4. Lea Hill Elementary School
5. Jacobson Elementary School
served by the School Resource Officer. The
nent is:
(Primary Service)
(Secondary Service)
(As Needed)
(As Needed)
(As Needed)
Rainier Middle school and noted elementary schools may also be provided with
occasional service at the request of the School District when that service supports the
goal of the School Resource Officer program at the schools listed above.
The School Resource Officer will work with Auburn Mountainview High School to
identify the specific needs of students and the appropriate services that will be
provided by the School Resource Officer. Services include the following:
1. Staff training on topics such as youth gangs, violence intervention, drug
identification and intervention.
2. Assist in classroom instruction by discussing topics such as substance abuse
prevention, criminal and constitutional law, and personal protection.
3. Parent education on topics such as emerging youth issues related to violence,
substance abuse and the criminal justice system.
4. Building rapport with students through informal discussions and attendance at
school events (at the school's request, but not to replace security at such events).
5. Law Enforcement Assistance to Schools:
a. Assisting with issues such as truancy, child abuse, suicide and violence.
b. Providing law enforcement services on an as-needed basis.
c. assist with staff in developing a site security plan.
Attachment A
Exhibit B: Cost for Services Provided
The Following Cost "Estimate" is based on the 2008/2009 Auburn Police Guild
Collective Bargaining Agreement. Costs are based on an 8 year veteran officer
receiving 3.5% Longevity, 4% College Incentive, $5,000 in Overtime for after school
activities and city earned benifits. Upon selection of the SRO, the below estimated
costs may increase/decrease based on the officer's time and grade.
Cost of one SRO for school year: $101,105
1 /3 of the cost: $33,701
Potential SRO Grant Funding - None to date 05/05/2008 $0
Estimated Cost to Auburn School District for 08-09 $33,701
School Year
Attachment B