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HomeMy WebLinkAboutAuburn School District16 1 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