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HomeMy WebLinkAboutMeridian School Resource Officer Agreement~= ~: - ~, ~/h \ RII . ~ ~ ,, ~ ~;~''°' ~' W. L. "BILL" GORDON Chief of Police August 31, 2000 PHONE: (208) 888-6678 FAX: (208) 884-5077 MERIDIAN 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 District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual 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 I 201 East Idaho Street Meridian, Idaho 83642 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, will provide police protection for the District, and shall provide School Resource Officer services at designated campuses, as referenced in 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 City of Meridian shall place one (1) School Resource Officer at Meridian High School, one (1) School Resource Officer at the Meridian Academy, one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at the Crossroads Middle School, one (1) School Resource Officer at Levvis and Clark Middle School, and one (1) School Resource Officer assigned to Meridian Elementary School, Linder Elementary School, Chaparral Elementary School, Chief Joseph Elementary School, Peregrine Elementary School, and River Valley Elementary School. 4. As a member of the school team, the SRO shall maintain open and regular communication with the assigned school principals and shall positively promote the school, staff, students, and administration to the community. 5. 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 2 which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by officers except as is necessary to investigate crimes and apprehend criminal suspects, however, the officers shall maintain high visibility with students during break and lunch periods. The officers shall be active members of the school's management team. 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, 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 and it is incorporated herein as if set forth fully. b. Parental Notifications. Nothwithstanding 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 of having committed a crime, the officer shall notify the school principal, or designee, of the fact that an interview with the student was, if in fact an interview was conducted, no later than the end of the school day in which the interview was conducted. fi. 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 conducted. 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. iv. Upon receiving notice of any of the above circumstances from an officer, the principal, or his or her designee, shall make reasonable efforts to contact the student'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, 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 (if 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 ~ or 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. 8. The City of Meridian shall use six (6) suitably trained police officers in meeting its obligation herein, each of whom may 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. If scheduling conflicts occur causing a School Resource Officer to be off campus, prior notice and arrangements will be made with the assigned school principal to assure adequate coverage. 9. Meridian Police Officers providing additional 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. 10. 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. To the extent tha# 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 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. 11. This Agreement is for a period commencing on or about August 31, 2000, and ending June 9, 2001. 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 2000, and will complete the obligations one day after the last day of school in June, 2001. 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 2000 - 2001 school year is tentative and may be changed, and if there are changes, this Agreement will automatically be amended to reflect these changes. 12. 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 $124,129.02 to the City of Meridian in two installments. One-half shall be paid on January 30, 2001, and the balance on or before May 31, 2001. 13. Security for special events will be approved and compensated for as follows: SPECIAL EVENTS a. The District will provide the Meridian Police Department with a list of special events that they want a Meridian Police Department School Resource Officer to be present at. 6 b. If an event should arise that isn't on the original special event list, the Chief of Police will attempt to provide a School Resource Officer, but if a School Resource Officer isn't available, then the Chief of Police will attempt to provide a law enforcement officer to comply with the request. RECORD OF TIME AND REIMBURSEMENT c. The School Resource Officer that attends a special event at the request of a District School Principal will have a District time card filled in for the event and the requesting Principal or their designee must sign the completed slip. The Meridian Police Department School Resource Officer will then fill in and submit a Meridian Police Department time slip with the District time slip attached. PAYMENT d. The Chief of Police of the Meridian Police Department will submit all the time slips (or a copy of) to the principal of the school that had the special event at the end of each month. The District agrees to pay (1/2) one-half of the overtime for the School Resource Officer that worked the special event. (This will vary, depending on the officer(s).). Overtime for Meridian Police Department is paid at the rate of one and one-half (1 '/) the officers pay per hour. 14. 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 the Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that the City of Meridian 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. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitor have any claim, demand, suit, or judgement 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 indemnitor, and hold them harmless in the premises. 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitor 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, defend and indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. s 20. It is 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. 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) day period, this Agreement shall continue in full force and effect. In the event of cancellation of the Agreement, for a failure to timely correct the default 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 in which services were actually performed by the City of Meridian. 22. The Director of Secondary Education, has the authority to execute this Agreement on behalf of the District; and that she will promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. 23. This Agreement shall be interpreted in accordance with the laws of Idaho. 24. This Agreement constitutes the entire agreement 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 writing. 9 26. 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 Agreement. io DATED this ~ day of `~~ , 2000. BY: V W.L. "Bill" Oordori "~ Meridian Chief ~~ PQlic ~~~yj~3i~ ~ t7 rrrr ~, O ' ATTEST: LPL - 9 ,~~`~ ~~ William G. Berg, Jr. '~.,~~`~~,Q~rJ~Y . ~~q?~,~~~ City Clerk ~~rjirs2icl f~i1:~t~"'\ SEAL 5EA1~ - ~ _ ~, - - ~ "~~ .-" T JOIN~SCHOOL,DIS By: of Secondary By: Chairman of the Board N0.2 11 CITY OF MERIDIAN