HomeMy WebLinkAboutAuburn School District Resource Officer MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF AUBURN,
THROUGH 1TS POLICE DEPARTMENT, AND AUBURN SCHOOL DISTRICT NO.
408, RELATING TO LAW ENFORCEMENT (SCHOOL RESOURCE OFFICER)
SERVICES
THIS MEMORANDUM OF AGREEMENT (MOA) is entered into this ��day of
�'3'�..:�'5��,�a 2018, by and beiween fhe City of Aubum; a municipal corporation
of the State of Washington, hereinafter referred to as the "City", and Aubum School
District No. 408, hereinafter referred to as the "School District."
WHEREAS, the School District desires to provide for School Resource Officer services
for 'its students and staff in the incorporate.d city limits of the City ofAuburn, and; •
WHEREAS, the City desires to provide a School Resource Officer to students and staff
within the Auburn School Dist�ict anii has resources to proVide such services;
NOW TWEREFORE, the CITY and the SCHOOL DISTRICT HEREBY AGREE as follows:
1. GITY RESPONSIBILITIES:
As permitted by resources, the City will provide the following service§ witfiin the
$chool District during 4he course of the official school year.
1.1, School Resource Officer Services. The City will provide two full-time
commissioned police o�cers dedicated to serve the School District during the
school year. General Police Services shall be provided on days that school is in
session from the first official school day until the. last official school day. These
officers shall be referred to as $chool Resource Officers (SRO's) and will proyide
general law enforcement services within the School District, as detailed in Exhibit
A to this document, incorporated hereto.
1.2. Support Services. The Ci4y shall provide the SRO's with the same level of'swpport
seryices ayailable to existing police officers including legal advisement, planning
and statistics, training, accounting, payroll, personnel, labor relations, media
�elations, fleet control, radio maintenance, purchasing, records, inspections -
internal imesfigation.s, and general Auburn Police Department support, Such
support services shall include the legal services of the Auburn City Attorney
retating to enforcement of municipal c�iminal and t�affic codes or prosecutions
a�ising from those codes. Such legal support services for the SRO's shall be
consistent w'ith general legal services provided to the Auburn Police Department
and Auburn Pofice Officers. Prosecution services shall only extend to municipal
court matters. All other prosecution matters will be referred to the appropriate
county prosecutor.
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2. ORGANIZATIONAL DETAILLMANAGEMENTBTRUCTURE:
2.1. The City will provide the services identified in Section 1 through the following
organization.
MEMORANDUM OF AGREEMENT
FOR SCHOOL RESOURCE OFFICER SERVICES
Page 1
2.1.1. Specifically identified SRO's will 6e selected and assigned by the Auburn Police
Department wi4h the input from the School Dist�ict Superintendent or designee.
The continued assignment of the SRO's will be subject to satisfacfory
performance, as determined by the City in consultation with the School District..
2.1.2. The SRO's will re5pond to day-to=day law enforcement concems.
2.1,3. The SRO'swill be available to fhe School District during the hours students are in
school. Any scheduled work outside of normal ope.rating hours, such as school
events and meetings; must be mutually agreed upon by the City and the District
p�ior to scheduling. The School District will provide office space for the SRO's as
needed.
2,1..4, Each SRO assigned work pursuant to this contract is subject to call back bythe
City's Chief of Police or the Chiefs 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. Ghanges to that schedule require a minimum of seyen days' notice and all
scheduling and overtime assignments are subject to the terms and conditions of
the City's collective bargaining agreement. The SRO will not be aVailable to the
Scho.ol Dis4rict during weekends, holidays, or school breaks unless prior approval
is granted by the City.
3. PERSONNEL AND EQUIPMENT:
3.1. The City is acting hereunder as an independent contractor and retains full
employment control over the SRO's. The Ci.ty retains complete control of any
personnel related issues, standards of performance, discipline and all other
employment related issues associated with the SRO's.
3..1.1. All SRO's rendering service hereunder shall be employees of the City;
3.9_2. All liabilities for salaries, wages, and benefits arising from the performance of the
law enforcement services provide.d by the City hereunder shall be 4hat of the Gify.
3.1.3. The City shall furnish all personneF; resources; and materials the City deems as
nesessary to prbvide the level of law enforcement service herein described.
3.2. In the eventthat a designated SRO is absent from his or her post, the City has no
obligation to fill that post with another officer.
3.3. The Gity may temporarily re-assign the SR0's to other duties as needed to addresa
law enforcement occurrences or demands.
MEMORANDUM OF AGREENIENT
FOR SCHOOL RESOURCE OFFICER SERVICES
Page 2
3;4. The SRO's engaged in this assignmentare obligated to discharge all duties of their
office and to adhere to City and Police Department policiesand procedu�esat all
times. Such officers shall obey, uphold and enforce the laws of the City and 4he
State of Washington and the Constitutions of the State of Washington and the
United States of America at all times. Such officers shall understand that while they
are on an SRO assignment under this confract, they remain under 4he ezclusiVe
_ _
direction and control of the City and any discipline issues will be handled by the
City. Police officers performing work pursuant #o this contract shall only provide
law enforcemenU peacekeeping services as specified in Section 1.1 of this
contract.
4. COMPE-NSATION:
4.1 In support of this program for the SRO's assigned, the School District agrees to
reimb"u�se the City seventy percent (70%) of the City's cost of the SRO salary and
benefits, and to reimburse the City one hundred percent (100%) of any overtime
costs incurred associated with work under this Agreement. Overtime costs include
salaries, wages and benefits.
4.1.1. This amount will be calculated by the City, and shall be in conformity with the
provisions of Exliibit B attached hereto.
4.2. The District will be invoiced one-ninth of the annual contract cost over a nine
month period beginning on the fifteerith day of September (9/15). The District will
be inVoiced for any overtime incurrecJ by the SFtO's in the subsequent monfh. Any
overfime incurred May through August will be invoice.d on the 15th day of the
subsequent month. Payment is due to the Ci.ty within 30 days of invoicing.
4.3. An estimate of the cost will be provided to the School District by June 1, p�io� to
the start of the September 1 fiscal year. This estimate will be updated based on
the assigned o�cers contractual wages, salary and benefits package. When labor
contracts are settled, the City will pcovide updated labor costs for the SRO's;
including any retrbactive payment costs, within 30 days of settled contracts. The
additional annual impact, if any, w'ill be added and prorated through the remaining
mon4hs of the annual contract payment schedule.
5. SCHOOL DISTRICT RESPONSIBILITIES:
5.1. In support of the City providing the services described abo�e, 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 on ��� 1, �� c�D1 � and will remain in
effect until terminated by either arty. _ � o,ao� �. � �� . Either
party may terminate this agreement with 180 days' written notice.
MEMOR,4NDUM OF AGREEMENT
FOR SGHOOL RESOURGE OFFICER SERVICES
Page 3
7. INDEMNIFICATION:
7,1. The City shall indemnify and hold harmles.s 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 suchsuitisbased upon such a claim, acfion, 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 ofgovernmental or pu6lic laws is at issue. If final judgment be
cendered against the School District and its officers, agents and employee, or any
of them, or jointly against 4he School District and the City and their respective
officers, agents and emp.loyees; or any of them, the Ciry shall satisfy the same.
7..2. In executing this agreement, the Cify 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
proceed.ing 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
o� damages are awarded agains.t 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, expens.es 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 ofthis
Agreement. In the event that any suit based on such a claim, action, loss or
darinage is brought against the, City, the School District shall defend the same at
its sole costs and expense; provitled 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 respectiye officers,
agents and employees, or any of them, the school District shall satisfy the same.
7.4 In executing this agreement, the School District does not assume liability or
responsibility for or in any way release the City from any liability or responsibility
which arises in whole or in part from the exis.tence or effect of City policies,
procedures, rules or regulations. If any cause, cfaim; suit, action or administrative
proceeding is commenced in which the enforceability and/or validity of any such
City policy, procedure, rule or regulation is principally at issue, the City shall defend
#he same at its sole expense and if judgment is entered or damages are awarded
against the City, the School District or both, the City shall safisfy the same,
including all chargeable costs and attomey's fees.
MEMORANDUM OFAGREEMENT
FOR SCHOOL RESOURCE OFFICER SERVICES
Page 4
7.5 In the evenf of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of
School. Dist�ict and the CITY, its officers, o�cials, employees, and volunteePs,
School DistricYs and the City's liability, including fhe duty and cost to iiefend,
hereunder shall be only to the extent of their negligence.
8. NON=DISCRIMINATION:
The City and 4he School District certify that they are Equal Opportunity Employers.
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 appointrepresentatives to review contract performance and
resolve problems. Each party shall notify the other in writing of its designated
�epresentatives. 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 c.all a meeting with ten days
written notice to the other.
13. SPECIAL DUTY TO SCHOOL DISTRICT OR OTHERS
SRO's assigned to the District 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 fhe School District. Furthermore, this contract and
performance thereof by the City police officers shall not create any special
relationship with any person or specificduties to protect any persons from harm or
injury including the party signing this contract. The law enforcement -
peacekeeping duties to be performed pursuant to this confract are the same in
extent and scope as those proVided by police officers to every member of the
public.
14. MISCELLANEOUS:
Any problem which cannot be resolved by the parties' designated representatives
shall be referred to the chiefiexecutive officer of the School District and the Auburn
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MEMORANDUM OF AGREEMENT
FOR SCHOOL RESOURCE OFFICER SERVICES
Page 5
Chief of Police for settlement.
IN WITNESS WHEREOF, the parties haVe executed this agreement.
CITY OF AUBURN AUBURN SCHOOL DISTRICT
�_
NarSc Back s a or hi Exec tive Officer
Y Y
Date: ' ' Da : 2� 18
+ �-�' APProved a to F r .
Aubum Police Chi fi `-N"`�' JG�t�' '
School District.Attorney
Date: �(o �� 2o�B 6//l�
Date: 6�
Attest:
������XA--�
Autium City Cle�k
Date: �O�S��
Approv 'a to F , ;
Aub Cify Atto��' ey
C2ate: �f f�/ 7l�(a�
MEMORANDUM OFAGREEMENT
FOR SCHOOL RESOURCE OFFICER SERVIGES
Page 6 . _ _
Exhibit A: Services Provided:
The School Resource Officer will work with Auburn School District Administration to
identify the appropriate services that will be provided by the School Resource Officer.
Services may include the following:
1. Staff training on topics such as youth gangs, viol�nce intervention, drug
identification and intervention.
2. Ass'ist in classroom instruction by discussing topies such as substanee abuse
prevention, criminal and constitutional law, and personal protection.
3. Parent education on topics sueh as emerging youth issues related to viole.nce,
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 seeurity at such events),
5. Law Enforcement Assistance to Schools:
a. Assisting wifh issues such as truancy,child abuse, suicide and viotence.
b. Providing law enforcement services on an as-needed basis.
c. Assist with staff in developing a site security plan.
Exhibit A
Exhibit B: Cost for Services Provided
The estimated costs are based on the 2016-2018 Auburn Police Guild Gollective
Bargaining Agreement for an 8 year vet.eran officer receiving 3.5% Longevity, 6%
Gollege Incentive. Overtime will be extra per Section 4.1 of this agreement. Upon
selection of the SRO's, the below costs may increase/decrease based on the officer's
time and grade. Updated costs will be provided per section 4.3 of this agreement
SRt3 Ann.�a1 70.� `
Salary $ 96,445 � $ 67,511
... _ , ..... . ._ _--.
Salary � 96,445 ; 67,511
_ _ __. .
Benefits 47,000 ; 32,900
_:._.. __. ..._ ... _. . _.. _ .
benef.its 47,000 ; 32,900
.. ... ___._....
_ _
Tota I ; $ 200,823
i'Ot) gi;�'i < .�
yo �
22 > >13 • �;7:::+
Exhibit B