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HomeMy WebLinkAboutSchool Resource Officer Agreement with ISU(:*411*#, E IDIAN Idaho State Universi SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and Idaho State University, Meridian, Idaho, hereinafter referred to as "ISU". WHEREAS, ISU desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to ISU, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual i terest can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and I promises contained herein, the parties agree as follows,: 1. This Agreement shall be for the sole benefit to I U and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractors, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at the designated campus, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identi ing and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one half time (1/2) School Resource Officer (shared with West Ada School District who pays the other Y2 of position) at the Idaho State University Meridian complex located at 1311 E. Central Drive, Meridian, Idaho, hereinafter referred to as the "Campus". 4. As a member of the school's management tea , the SRO shall endeavor to maintain open and regular communication with the assigned school officials and shall positively promote the school's, staff, students, and administration to the community. 5. The Meridian Police Chief and ISU will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school officials whenever concerns or problems regarding scheduling, duties, or other items 2 occur. The SRO shall maintain high visibility with students during breaks and meal periods. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, he conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that ISU's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual, which will be maintained at the Meridian Police Department, shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. Parental Notifications for students under 18 years of age at the ISU campus. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying a student's parents about the interaction of the SRO with students under 18 from ISU: i. When an SRO interviews a student in the course of investigating a crime at the campus location, the SRO shall notify ISU officials, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify ISU officials, or designee. iii. Upon receiving notice of any of the above c rcumstances from an SRO, ISU officials, or designee, shall make reasonable eff its to contact the student's parent or guardian. If contact is made, the ISU official may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the ISU official is aware the official may then give the parent or guardian that information. iv. If a student's parent or guardian contacts I U officials about interviews conducted by an SRO, the officials may disclose anyinformation received from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the officials are aware. Liability arising from any of the above actions s�all be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use a suitably trained police officer in meeting its obligation herein, whom should be physically present at the campus location referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to ISU and the Meridian Police Department. If scheduling 4 conflicts occur causing an SRO to be off campus durina scheduled on -campus period, efforts will be made to provide prior notice and �rrange with ISU officials to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that ISU may from time to time adopt policies, procedures, rules, and regulations affecting the condu t of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enf rced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to ISU. The SRO shall inform the school officials, or their designees, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 15, 2016, and ending on or about June 5, 2017 in accordance with the traditional ISU school calendar. It is agreed under the terms of this Agreement that the SROs shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2016, and will complete the obligations one 5 (1) day after the last day of classes in June 2017. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2016 — 2017 school year are tentative a7d may be changed, and if there are changes, this Agreement shall incorporate (such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, ISU shall pay the total sum of $25,000.00 to the City of Meridian in two installments. One-half ($12,500.00) shall be paid on January 30, 2017, and the balance ($12,500.00) on or before May 31, 2017. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. ISU shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for the campus at which ISU is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of one police officer for each event. b. If an event should arise that is not on the original special event list provided by ISU, the Community Service Division (CSD) SRO Sergeant shall attempt to provide the law enforcement officers to comply with the request. rel RECORD OF TIME AND REIMBURSEMENT C. SRO's who attend a special event at his/ er designated school and/or officers who work at special event at the request of ISU shall complete a Meridian Police Department Time Slip for the event and the requesting officials or designee may sign and approve the completed slip. The SRO a d/or officers shall then submit the Meridian Police Department T me Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Departmen will invoice ISU for the special event(s) at which SRO(s) or other officers worked at the end of each month. ISU shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of ISU at the SRO's hourly overtime salary. ISU shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that ISU may desire to have the Meridian Police Department provide additional security services for sanctioned school events at other locations. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. ISU agrees to provide the SRO with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of ISU, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting purs ant to this Agreement may be absent from their assigned campuses on holidays not observed by ISU. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against them which arises from acts or omissions of ISU, its officers, agents, or employees, ISU shall, at its expense and to the extent of the Idaho Tort Claims Act, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 19. In the event ISU or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense and to the extent of the Idaho Tort Claims Act, defend and indemnify ISU and its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 8 20. It is acknowledged by the parties that ISU personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of ISU. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) clay period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to ISU's failure to timely correct the efault in its performance, ISU shall pay to the City of Meridian the consideratio set out in Paragraph 12, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Chief Financial Officer has the authority to execute the agreement on behalf of ISU, and she/he shall promptly bring this Agreement before the Provost and Vice President for Academic Affairs for its ratification. Idaho. 23. This Agreement shall be interpreted in accordance with the laws of 24. This Agreement constitutes the entire agre�ment of the parties and all other agreements, oral or written, are included in and merged herein. 25. This agreement may be modified only by a mutually executed written addendum signed by the ISU Director of Public Safety and the Chief Financial Officer and the Mayor of the City of Meridian. 9 26. ISU officials, in writing, shall provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the designated official when so required pursuant to this Agreement. 27. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642-2300 Bessie Katsimlometes, Ph.D. Associate Vice President of University Programs Idaho State University 1311 E. Central Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. DATED this day of ae-N , 2016. `� ►N BY: Tammy e eerd Mayor f eridian 10 ATTEST: BY: x/ lkvv� XnLdianoChief of Police IDAHO STATE UNIVERSITY By: rian Hickenlooper Chief Financial Officer By: Lewis Eakins ISU Public Safety Director II