HomeMy WebLinkAbout1991 08-20
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AGE N D A
MERIDIAN CITY COUNCIL
AUGUST 20, 1991
~M:
MINUTES OF THE PREVIOUS MEETING HELD AUGUST 6, 1991: (APPROVED)
1: REQUEST TO CONNECT TO CITY SEWER BY GLENN MICHELS AT 160 NORTH
LINDER ROAD: (APPROVED)
2: ORDINANCE # 553: ORDINANCE INCREASING MAYOR & COUNCIL SALARY: (APPROVED)
3: PUBLIC REARING: 1991/92 FISCAL YEAR BUDGET: (APPROVED)
4: ORDINANCE # 554: ANNUAL APPROPRATION ORDINANCE: (APPROVED)
5: APPROVE LATE COMER II S AGREEMENT W I CHERRY LANE DEVELOPMENT: (APPROVED)
6: BID ON BUILDINGS AT SEWER & WATER DEPARTMENT: (TABLED)
7: RESOLUTION #139: PROCLAIMING CITY ELECTION (APPROVED)
8: DEPARTMENT REPORTS:
:
MERIDIAN CITY COUNCIL
AUGUST 20, 1991
The Regular Meeting of the Meridian City Council was called to order by Mayor Grant
P. Kingsford at 7:30 P.M.:
Members Present: Ron Tolsma, Bob Giesler, Bert Myers, Max Yerrington:
Others Present: Kevin Jones, Frank Thomason, Joseph Sweet, Gerry Sweet, Tina Sweet,
Wayne Forrey, Karen Forrey, Gary Smith, Bill Gordon, Wayne Crookston:
MINUTES OF THE PREVIOUS MEETING HELD AUGUST 6, 1991:
The Motion was made by Tolsma and seconded by Yerrington to approve the Minutes of
the previous meeting held August 6, 1991 as written:
Motion Carried: All Yea:
#1: REQUEST TO CONNECT TO CITY SEWER BY GLENN MICHELS AT 160 NORTH LINDER ROAD:
The Motion was madeby Giesler and seconded by Myers to approve the request by Glenn
Michels to connect to City Sewer at 160 North Linder Road.
Motion Carried: All Yea:
#2: ORDINANCE #:553: ORDINANCE INCREASING MAYOR AND COUNCIL SALARY:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 1-1101, SALARIES, OF
THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN i AND RE-ADOPTING SAID SECTION
1-1101, SALARIES; TO PROVIDE AN INCREASE IN SALARIES OF THE MAYOR AND COUNCILMEN; AND
PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience who would like this
Ordinance read in its entirety? No Response.
The Motion was made by Giesler and seconded by Yerrington that the rules and provisions
of 50-902 and all rules and provisions requiring that Ordinances be read on three different
days be dispensed with and that Ordinance #553 be passed and approved.
Roll Call Vote: Yerrington - Yeai Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea:
#3: PUBLIC HEARING: 1991/92 FISCAL YEAR BUDGET:
Kingsford: At this time I will open the Public Hearing, is there anyone from the
public who would like to offer testimony? Hearing no response, I will close the
Publi c Hearing.
#4: ORDINANCE #:554: ANNUAL APPROPRIATION ORDINANCE:
Kingsford: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR FISCAL YEAR
BEGINNING OCTOBER L 1991, APPROPRIATING THE SUM OF $5,377,230.00 TO DEFRAY THE
EXPENSE AND LIABILITIES OF THE CITY OF MERIDIAN FOR SAID FISCAL YEAR, AUTHORIZING
A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND
PURPOSES FOR WHICH APPROPRIATION IS MADE:
MERIDIAN CITY COl.JOCIL
AUGUST 20, 1991
PAGE #2
(
Kingsford:
entirety?
Is there anyone from the public ~ho ~ould like Ordinance #554 read ~n its
No response.
The Motion ~as made by Myers and seconded by Tolsma that the rules and provlslons of
50-902 and all rules and provisions requiring that Ordinances be read on three
different days be dispensed ~ith and that Ordinance #554 be passed and approved.
RoIl Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea:
#5: APPROVE LATE COMER'S AGREEMENT W/CHERRY LANE DEVELOPMENT:
The Motion ~as made by Myers and seconded by Tolsma to approve of the Late Comer's
Agreement and authorize the Mayor and City Clerk to sign.
Motion Carried: All Yea:
#6: BID ON BUILDINGS AT SEv.."ER & WATER DEPARTMENT:
Eng. Smith: The bid opening ~as at 3:00 P.M. on the 15th of August. We received one
bid from Valley Steel Builders. This was for an equipment and storage shed for the
wastewater plant and also for the ~ater department. The bid ~as set up to be bid as a
pole building, and then the architect had suggested that we also include some alternates
for steel building so tbat we could get some kind of comparison on prices. The pole
building bid came in at $35,046.00, alternate #1 under the steel buildings was
$37,332.00, alternate #2 was $39,004.00, alternate #3 was $37,332.00. That is for
both buildings. Explained where these buildings would be placed.
Tolsma: We have a building down at the water department that is full of junk. I I d
like to go down there and see what ~e could clean up.
Eng. Smith: The one thing that I don't think that building will accomodate is the
backhoe.
Kingsford: When I visited with the architect this afternoon he indicated to me that
while it was not bid as such,that he thought ~e could get a change order to do one
building is that is the desire of the Council.
Eng. Smith: I don't think that you can split that bid in t~o because the building
at the wastewater facility is going to be more expensive because of that one wall.
I talked to the architect this evening and he said that probably we'd be looking
at $20,000.00 for the building at the Wastewater Plant, but he wasn't sure.
We ~ould have to talk to the bidder to know for sure.
Kingsford: One thing that you and I have discussed Gary was with regard to the
wastewater plant building was budgeted for this fiscal year. That that building
if approved tonight could be built and paid for out of this budget. If we delay
to long it could constitute an amendment to next years budget.
Eng. Smith:
buildings.
We had an October 1st deadline on this bid document to complete the
Explained buildings. (TAPE ON FILE)
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MERIDIAN CITY COUNCIL
AUGUST 20, 1991
PAGE #3
Crookston: Since your dealing with only one bidder, it's going to be subject to
his agreement, or you can reject the bid.
Eng. Smith: Alternate #1 or #3 are my recommendations.
Discussion Held. (TAPE ON FILE)
The Motion was made by Tolsma and seconded by Yerrington to table this until the
next meeting.
Motion Carried: All Yea:
ITEM #7: RESOLUTION NO. 139
Kingsford: A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION, TO BE HELD ON NOVEMBER
5, 1991. DESIGNATING THE FOLLOWING PLACES" DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS,
AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION.
The Motion was made by Tolsma and seconded by Myers to approve of Resolution #139.
Motion Carried: All Yea:
#8: DEPARTMENT REPORTS:
Wayne Forrey: Last Thursday I did meet with Mr. Bud Gingrich and also Mr. Darrell Calhoun.
They expressed some concern and also have had some message from Jack Sweet indicating
that they wanted the City to pursue getting American Paving to open up the road from
Williams to King just as soon as possible. Their fear was that section 1 would be paved
and then weld be in construction again. I met with them and assured them that the
next Friday, which was the 16th, that we would instruct American Paving to look at that
section and give the City a schedule. Gary and I did meet with American Paving and
they agreed it was a good idea, but his fear is the Nine Mile Drain, he did not want
to disturb that drain. There was supposed to be a schedule brought into the City on
Monday.
Eng. Smith: I was able to meet with Craig, the owner of American Paving. His schedule
or intent right now is to continue to work on the northerly end of the project and to
get the excavation down and start hauling pit run in there"and to pave next Tuesday
the section that is being worked on on the south side from. King to the railroad
tracks. They will take care of it and do what we want him to do. If he completed the
work as he is progressing at this time and did the paving on this end and matched it
up with the paving that exists there from King to Williams that that portion of the
road would reopen all the way through, that he would continue to work and open up the
other end. (Further explanation on tape)
Kingsford: As I recall sometime Nine Mile has water all year, isn't that correct?
Eng. Smith: I put a call into the Irrigation District and wasnlt able to talk to
anybody about when we could expect to have water out of there.
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MERIDIAN CITY COUNCIL
AUGUST 20, 1991
PAGE #4
Kingsford: I would ask Gary to try and put together a meeting with the people
affected as early as possible.
Forrey: (tape on file)
Discussion held on paving.
Forrey: At one point the postal service wanted the trees on their property saved.
Yesterday I received a letter from them stating that they want the trees removed.
Kingsford: Anything else we need to discuss.
Geisler: I think we all received a letter from Mr. Lewis. I wanted to know what
everyone's feelings were on this. Whether we all wanted to send one letter or
individually. I don't believe it's up to us.
Kingsford: I agree. I did try to call him this afternoon. It would be my
recommendation that we try to put together a meeting with him.
Jack. Bweet: If our engineering firm" JUB is responsible for some of these delays,
what's the legal liability?
Crookston: We don't have a written contract with them.
Kingsford: We have a written contract with them but they did buy away the times and
so on.
Crookston: I'd have to look into it.
Sweet: Who makes the decisions in the dealing with this contractor on"how it
may develop differently.
Kingsford: One of the real problems that you have and we've had with this project is
that we don't own the street. The issue comes up the Highway District can make changes
in the requirements that really affect the construction. That's been a major issue.
From my per~pective alot of it has been engineering but in some defense of the
engineer there have been changes.
Sweet: If these people are going to be involved in this project I feel that they
should know what goes on. Explained about bid prices for individual involvement
in this project (TAPE ON FILE)
Jerry Sweet: What do we get in return for renegotiating changes in the contract and
adjusting those schedules to his favor. My concern is that we all suffer the least
impact that we possibly can. We've been supportive of the project and we do know
that the outcome will be beneficial to all of us. If we have made changes in the
contract do we have a new contract and if so what are the schedules for the contractor.
What incentive does the contractor have to meet his schedule?
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MERIDIAN CITY COUNCIL
AUGUST 20, 1991
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PAGE #5
Kingsford: Right off the bat the project was backed up after the bid was received, it
was backed up because plans were not done. Highway District can change the ball
game in terms of the contractor and keeping him locked in on a contract that he
couldn't proceed on until later and then other things thrown in. The contractor
has really tried.
Crookston: The contract is a set time period from the time he was given the notice
to proceed. There wasn't a date like from June 1 to September 1. It's a 120 day contract
from the time he was given his notice to proceed. He has that time period in which
to complete the job. If he doesn't complete the job" the contract price for a $500.00
a day liquidated damages, provision. I
Kingsford: In that contract Wayne what would you say to the changes that after the
contract left that the Highway District has demanded.
Crookston: That's kind of hard to call because while the City is the Administrator
of the contract as the contract with the City the dual if you will, there is really
only one jurisdiction over the roads and that's Ada County Highway 'District. The problem
is that the contract is with the City who doesn't own the roads.
Jack Sweet: My point is that this wasn't a new regulation it was simply an ommission
on the part of the engineer. They knew this was a requirement but they left out.
Further Discussion. (TAPE ON PILE)
The Motion was made by Myers and seconded by Yerrington to adjourn at 8:37 P.M.:
Motion Carried: All Yea:
APPROVED:
~KIe~~
ATTEST:
(."'1..-
pc: Mayor & Council, P & Z Members"
Atty., Bldg.~ Erig., Police, '
Gass, 'Fire, Ward" Stuart" ACHD/,
CDH, 'Settlers, NMID '
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Mail (2)
File (2)
Grant #200-2-000-1
IDAHO DEPARTMENT OF HEALTH & WELFARE
GRANT OFFER AND GRANT CONTRACT AGREEMENT
FOR SEWAGE TREATMENT WORKS
FACILITIES PLANNING
SECTION I. INTRODUCTION
The Idaho Board of Health and Welfare (the ItBoard") is authorized
by the Water Pollution Abatement Act (the "Act") Title 39, Chapter
36 of the Idaho Code, to make and administer grants from the Water
Pollution Control Fund (the "Fundlt) in order to provide financial
assistance to municipalities to aid in the construction of sewage
treatment works. The Director of the Department of Health and
Welfare and his authorized representatives (the "Departmentll)
assist the Board in administration of the Act. The Department has
found that the CITY OF MERIDIAN (the "Applicant") has established
eligibility for a grant under the terms of the Act and liThe Rules
and Regulations for Administration of Wastewater Treatment Facility
Grants," Title I, Chapter 4, RUles and Regulations of the
Department of Health and Welfare (the "Regulations").
A completed, approved application has been submitted to the
Department by the Applicant for a Sewage Treatment Works
Construction Grant. The Department hereby offers a grant to the
Applicant according to the conditions contained in the fOllowing
sections of this offer and contract agreement.
SECTION II. DESCRIPTION OF PROJECT
This document offers financial assistance from the Fund to the
following project:
A. Project Number: #200-2-000-1
B. Name and Address of Applicant:
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
c. project Description:
Update and revision of facility plan for
city Impact Area
1
Grant #200-2-000-1
D. Project Financing Under Terms of this Offer:
1. Total estimated project cost $138,573
2. Estimated project cost eligible
for state participation $138,573
3. state grant (75% of 2. above) $103,930
SECTION III. GENERAL
Upon signature by the Applicant this grant offer shall become a
grant contract agreement and the Applicant shall become a Grantee.
Acceptance of the offer shall obligate the Grantee to agree to all
terms and conditions contained herein. The Grantee agrees to:
A. Not transfer, assign or pledge any beneficial interest in a
grant to any other person or entity without express written
consent from the Director. Neither may the grantee delegate
legal responsibility for complying with grant terms,
conditions, and obligations without the Director's express
written consent.
B. Enter into such contractual arrangements with third parties
as it deems advisable to assist it in meeting its
responsibilities under the grant agreement.
c. Fulfill all declarations, assurances, representations and
statements in the application and all other documents,
amendments and communications filed with the Department by
the Applicant in support of the request for this grant.
D. Comply with applicable state and Federal employment
requirements including, but not limited to Equal Employment
Opportunity and civil Rights requirements.
SECTION IV. PROJECT MANAGEMENT
The Grantee agrees to:
A. Efficiently and effectively manage the grant funds within
the approved budget, complete the undertaking in a diligent
and professional manner, and monitor and report performance
to the Department on a schedule jointly determined with the
Grantee. Final accountability for the prudent use of grant
funds is the Grantee's responsibility.
2
Grant #200-2-000-1
B. The grantee agrees to retain and utilize the services of an
engineer currently licensed by the state for all project
planning, design and construction oversight.
c. Submit all contracts for architectural/engineering services
to the Department for approval.
D. Require the prime architectural/engineering firm(s) and their
principals retained for architectural/engineering services to
carry professional liability indemnification to protect the
public from the architect'sjengineer's negligent acts and
errors of omission of a professional nature. The total
aggregate of the architect's/engineer's professional liability
shall be one hundred thousand dollars ($100,000) or twice the
amount of the architect'sjengineer's fee, whichever is
greater.
E. submit all changes in contract terms or project scope to the
Department for approval.
F. Submit final documents to the Department for review and
approval within twelve (12) months.
SECTION Va PAYMENTS
A. The grant shall be used solely to aid in the financing of a
sewage treat ment works project. Should the actual eligible
cost of the completed project be different from the estimated
eligible project cost upon which this offer is based, the
actual eligible cost shall be used to determine the amount of
the final grant. The final determination of actual eligible
costs shall be, made by the Department according to the
Regulations and accepted practices of engineering and
accounting. The result of the Department's computation will
be an adjusted grant. Any costs in excess of the adjusted
grant amount will be borne by the Applicant.
B. Payment of grant funds shall be predicated on project status
statements submitted by the Grantee to the Department.
Eligible cost shall be determined by the Department prior to
the submittal of the first project status statement. A
schedule and a format for submission of project status
statements shall be approved by the Department prior to
disbursements of any grant funds. The statement shall
describe the work completed and set forth the total dollar
amount expended for eligible costs. If the statement is in
3
Grant #200-2-000-1
order and properly documented, the Director or his authorized
representative shall authorize the disbursement of appropriate
grant funds to the Grantee.
C. Payment of the final ten percent (10%) of the state grant
will be withheld until the following requirements are met:
1. Engineering Report or Facilities Plan submitted and
approved by the Department.
2. A preliminary audit has been completed or deferred until
comple~ion of construction.
D. This offer is subject to the existence of the offered sum of
money in the Water Pollution Control Fund at the time of
payment. Should the offered sum of money not be available in
the Water Pollution Control Fund at the time of payment, the
Idaho Department of Health and Welfare hereby agrees to pay
the above applicant the offered sum of money on the basis of
the applicant's priority position immediately upon the accrual
of said sum in the Water Pollution Control Fund.
The Grantee shall:
A. Provide a schedule of payments and establish an accounting
and record keeping system consistent with state guidance.
B. Provide for payment of the municipality's share of the cost
of the project.
C. Not submit requests for payment for any expenses arising from
binding arbitration.
SECTION VI. PROHIBITIONS
Expansion of collection systems in excess of reserve capacity of
the treatment works will be prohibited unless concurrent
designated construction provisions for adequate treatment are
provided by the Grantee.
SECTION VII. TERMINATION OR SUSPENSION OF GRANT
A. The Board may unilaterally terminate all or part of a grant
agreement or any related state contract entered into pursuant
to this offer if the Grantee fails to discharge the
obligations and comply with the terms and conditions contained
4
Grant #200-2-000-1
herein. In addition to or as an alternative to such
termination the Board may unilaterally order the Grantee to
reimburse the state for funds previously paid to the Grantee.
The Grantee shall not be sUbject to termination or an order
for reimbursement if a failure to discharge the obligations
or comply with the terms and conditions of the grant agreement
is caused by circumstances totally beyond the control of the
Grantee.
B. If the Board finds that a Grantee has failed to comply with
any term of this grant offer, the Board may declare the grant
offer to be breached and stop payments to the Grantee.
Furthermore, upon such a finding, the Board may direct the
Department to seek from the Grantee any appropriate remedy
available to the state including, but not limited to:
1. specific performance of the contracts or grant offer; or
2. Return of grant funds previously distributed under the
grant offer; or
3. Damages and expenses incurred by the state as a result
of Grantee acts, including all costs of enforcing the
grant offer.
SECTION VIII. ACCESS AND INDEMNIFICATION
The Grantee agrees to:
A. Permit the Department, or its authorized agents, to have
access to the project work whenever it is in preparation or
progress and provide that the contractor will provide adequate
facilities for access and inspection.
B. Provide the Department, or its authorized agents, access to
all files, records, accountings and books relating to the
management and accountability of the grant.
c. Indemnify and save harmless the state of Idaho, its agents,
and its employees regardless of fault or negligence, from any
and all claims, actions, damages, liabilities and expenses
directly or indirectly connected to the location, design,
construction, operation, maintenance, repair, failure or
deactivation of the project or any part of the project.
5
~. P l
Grant #200-2-000-1
SECTION IX. SPECIAL CONDITION
A facility plan resulting from this grant will be valid as a basis
for financial assistance for five years. If construction is not
initiated within five years, the grantee must evaluate changed
conditions and update the pIan to quality for state financial
assistance. Additional state grant funds will not be awarded to
update the plan.
SECTION X. OFFER
The offer set forth herein must be accepted, if at all, on or
before July 7, 1991. An acceptance must be accompanied by a
resolution of the Applicant's governing body authorizing the
signator to sign on the Applicant's behalf for the purpose of this
agreement.
Dated this 7th day of June, 1991.
:be
Administrator
Division of Environmental Quality
Idaho Department of Health and Welfare
,./ (/
Nt4~
SECTION XI. ACCEPTANCE
The CITY OF MERIDIAN , by and through its
(legal name of applicant)
undersigned representative(s), accepts the foregoing offer and
agrees to discharge all obligations and to comply with all terms
and conditions contained therein.
Groat P. Kinqsford Mayor
Name and Title of Representative - type or print
7/2/91
Date
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MERIDIAN POLICE DEPAKTMENT
33 E. Idaho · Meridian, Idaho 83642
W. L. "BILL" GORDON
Chief of Police
Phone (208) 888-6678
TELEX IDOOI0300
M~RIDIAN 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 Joint School District Number 2, Meridian, Idaho, hereinafter
referred to as "the District".
WHEREAS, the District 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 the
D i s t r i ct , through the Meridian Po 1 ice Department; and
WHEREAS, the parties recognize their Illut ua 1 interest can be
furthered through the use of the School Resource Officer Program of the
Meridian Police Department;
NOW, THEREFORE, for and in consideration of the mutual covenants
and promises contained herein, the parties agree as follows: '
1.
This Agreement
shall be for the sole benefit of the District and
the City and shall not
be
interpreted to benefit third parties.
The
relationship of the parties hereto is that of contractor and independent
contractor, 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.
RESOURCE OFFICER AGREEMENT 1 OF 8
O((~
2. The City of Meridian, through the Meridian Police Department,
shall provide police protection for the District and shall provide School
Resource Officer serV1ces at designated campuses, as referenced 1n
Paragraph 3 below, including, but not limited to: investigating and
preventing crimes against persons or property; identifying 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 Meridian Police Department shall place one (1) School Resource
Officer at Meridian High School and one (1) School Resource Officer at
Meridian Middle School, Meridian Elementary School, Linder Elementary
School, and Chief Joseph Elementary School, whose service will be shared
among these four schools.
4. The Meridian Police Chief and the District will determine how the
officers performing the duties under this Agreement will be deployed, and
the manner in which the services contemplated by this Agreement shall be
provided. It is not contemplated that the interiors of buildings will be
patrolled by officers except as is necessary to investigate crimes and
apprehend criminal suspects.
5. 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 of
activity undertaken by the Meridian Police Chief and his officers.
RESOURCE OFFICER AGREEMENT - PAGE 2 OF 8
6. a. With the exception of paragraph 6(b) below, the conduct of the
Meridian Police Chief and his officers will be governed by the Meridian
Police Policy Manual (hereinafter "Manual"). In the event that the
District's procedures conflict with the procedures set forth in the Manual,
the provisions of the Manual shall prevail. The Meridian Police Manual
shall be an integral part of this Agreement as if set forth fully herein.
b. Parental Notifications. Notwithstanding any other provisions
to the contrary, the following procedures shall be used in all instances
with regard to notification of a student's parents about the interaction of
police officers with students:
i. When a police officer suspects a student having committed a
crime, the officer shall notify the school principal or designee of the
fact that an interview with the student was conducted no later than the end
of the school day on which the interview is conducted.
ii. When, during the course of interviewing a student, an officer
determines that the student may have committed a crime, the officer shall,
after concluding the interview and no later than the end of the school day,
notify the school principal or designee that an interview with the student
was conduct ed.
iii. In the event that a student is arrested by an officer or if the
officer finds it otherwise necessary to remove the student from
school, the officer shall immediately notify the principal of the school or
designee.
RESOURCE OFFICER AGREEMENT - PAGE 3 of 8
lV. Upon receiving notice of any of the above circumstances from
an officer, the principal or designee may, if he/she deems it appropriate,
make reasonable efforts to contact the students's parents or guardian. If
contact is made, the principal may tell the parent or guardian of the
student that a police officer questioned the student or removed the student
from campus, 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 (the principal is aware of this
fact) he/she may then give the parent or guardian this information.
v. If a student's parent or guardian contacts the principal
about interviews conducted by a police officer, the principal may disclose
any information received by the principal from the officer and may refer
further questions to the Meridian Police Department or the correct law
enforcement agency (if another law enforcement agency is involved and the
principal is aware of the fact).
Liability arising from any of the above actions shall be governed by
paragraphs 16 and 17 of this Agreement.
7. The City of Meridian shall use two (2) suitably trained police
officers ln meeting its obligation herein, each of whom will be physically
present at one of the school campuses referenced in Paragraph 3, in
accordance with a schedule that is mutually agreeable to the District and
the Meridian Police Department.
RESOURCE OFFICER AGREEMENT 4 OF 8
8. Meridian Police Officers providing services and police protection
under the terms of this Agreement may occasionally wear the uniform of the
Meridian Police Department, but will customarily be dressed in appropriate
business attire.
9. The parties recognize that the District may from time to time
adopt policies, procedures, rules, and regulations affecting the conduct 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 enforced by the Meridian Police Chief and his officers.
10 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 may leave the
enforcement thereof to the District. School Resource Officers shall inform
the principal, or his designee, of violations of school policies,
procedures, rules, or regulations of which he/she has personal knowledge.
10. This Agreement is for a period commencing on or about August 1991,
and ending June 1992. It is agreed under the terms of this Agreement that
the officers shall commence the duties called for one week prior to the
start of school in the fall of 1991 and will complete the obligations one
day after the last day of school in June of 1992. 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 of the 1991-1992 school year is tentative and may
be changed, and if there are changes, this Agreement will automatically be
amended to reflect these changes.
RESOURCE OFFICER AGREEMENT 5 OF 8
11. As consideration for the services provided by the City of
Meridian pursuant to the terms of this Agreement, the District shall pay
the total sum of $32,385.00 to the City of Meridian in two installments.
One-half shall be paid on January 30, 1992 and the balance on or before May
31, 1992.
12. The parties recognize that a school within the District may
desire to have the Meridian Police Department provide additional security
services for sanctioned school events. 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.
13. The District agrees to provide officers with adequate office
space and suitable desks and chairs for the purposes of this Agreement.
14. It is acknowledged by the parties that the City personnel acting
pursuant to this Agreement are not the employees or agents of the District
or schools within the District, but rather, they remain the employees of
the City of Meridian.
15. Law enforcement
be
absent
from
their
personnel acting pursuant to this Agreement may
assigned campuses on holidays observed by the
D i s t r i ct .
16. In the event the City 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 the District, its
officers, agents, or employees, the District shall, at its expense, defend
and indemnify the City, its officers, agents, employees, insurers, and
indemnitors, and hold them harmless in the premises.
RESOURCE OFFICER AGREEMENT 6 OF 8
17. In the event District or any of its officers, agents, employees,
insurers, or indemnitors have any claim, demand, suit, or judgement
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, defend and indemnify District, its officers, agents,
employees, insurers, and indemnitor, and hold them harmless in the
premises.
18. It 1S acknowledged by the parties that District personnel acting
pursuant to this Agreement are not the employees or agents of the City of
Meridian, but rather, they remain the employees of the District.
19. 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) day period by the
party notified thereof, this Agreement shall continue in full force and
effect. In the event of cancellation of this Agreement, and a failure by
the notified party to timely correct the defect in its performance, the
District shall pay to the City of Meridian the consideration set out in
Paragraph 11, prorated to reflect the number of school days on which
services were actually performed by the City of Meridian.
20. Dan Mabe, Assistant Superintendent, represents that he is the
Clerk of the District's Board of Trustees; that he has the authority to
execute this Agreement on behalf of the District; and that he will promptly
bring this Agreement before said Board of Trustees for its ratification at
a regularly scheduled meeting.
RESOURCE OFFICER AGREEMENT 7 OF 8
21.
This Agreement
shall be interpreted in accordance with
the laws of Idaho.
22. This Agreement constitutes the entire agreement of the
parties and all other agreements, oral or written,
are merged
herein.
23. This Agreement may be modified only by a mutually
executed writing.
24. The principal of each school shall, in writing, provide
the Meridian Police CHief with a designee to contact in the event
the School Resource Officer cannot contact the principal when so
required pursuant to this A9~
DATED thiS1' tJJ day o~ 'y r i
CITY
1991.
By:
Grant P. Kingsford
;~4~
By:
Meridian Police Chief
Jack
City
~AL
~
JOINT SCHOOL DISTRICT NO. 2
By: DanQe:r~~
Clerk of the Board of Trustee
SEAL
RESOURCE OFFICER AGREEMENT 8 OF 8