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HomeMy WebLinkAboutMeridian School Resource Officer Agreement for Officer Presence with Joint School DistrictMERIDIAN POLICE DEPARTMENT 201 E. Idaho • Meridian, Idaho 83642 W. L. "BILL" GORDON Chief of Police January 20, 1994 Phone (208) 888-6678 TELEX ID0010300 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 pistrict desires increased law enforcement from the City, through the Mex'.dian 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 benett; 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, RESOURCE OFFICER AGREEMENT 1 OF 8 or employee of the other. ~ `~¢ ~'~~ '~~ 2. The City of Meridian, through the Meridian Police Department, shall 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 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, and (1) School Resource Officer at the Meridian Academy. 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. SCHOOL 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 and it is incorporated herein as if set forth fully. 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 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 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 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. RESOURCE OFFICER AGREEMENT - PAGE 3 of 8 iv. Upon receiving notice of any of the above circumstances from an officer, the principal, or designee, shall, 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 three (3) 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. 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. 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 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 1994,and ending June 1995. 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 1994 and will complete the obligations one day after the last day of school in June of 1995. 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 RESOURCE OFFICER AGREEMENT 5 OF 8 start and end of the 1994-1995 school year is tentantive and may be changed, and if there are changes, this Agreement will automatically be amended to reflect these changes. 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 $47,412.75 to the City of Meridian in two installments. One-half shall be paid on January 30, 1995 and the balance on or before May 31, 1995. 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 personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 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 RESOURCE OFFICER AGREEMENT 6 OF 8 and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 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 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. 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 Agreement. DATED this ~ ~`~'` day of 1994 . CITY OF MERIDIAN ` By: Grant P. Kingsf rd Mayor By: W. L. "Bill" Gor n Meridian Police Chief ATTEST!' L/ n .n ~- William G. B City Clerk SEAL SEAL ' of the Boar ~ ~~~ ~- 9kao,~,~ ,- ~ ~~~ .e.., rya '~" ~' ~ ~~~ ~ ~ d st i~• ~C1 ~~ By: By: RESOURCE OFFICER AGREEMENT 8 OF 8 JOINT SCHOOL DISTRICT NO. 2 Dan Mabe Clerk hairman of the Board