SRO AgreementWest Ada School District
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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 West Ada School District, 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 Neighborhood Contact Officer (NCO) and School
Resource Officer (SRO) 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:
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.
2. The City of Meridian, through the Meridian Police Department, 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 provide one (1) NCO/SRO Sergeant for a
single point of contact communication, one (1) Neighborhood Contact Officer at
Mountain View High School, one (1) Neighborhood Contact Officer at Meridian
High School, one (1) Neighborhood Contact Officer at Rocky Mountain High
School, one (1) School Resource Officer at Victory Middle School, one (1) School
Resource Officer at Meridian Middle School, one (1) School Resource Officer at
Sawtooth Middle School, one (1) School Resource Officer at Lewis and Clark
Middle School, one (1) School Resource Officer at Heritage Middle School, and
one (1) School Resource Officer to cover Central Academy, Meridian Academy,
Crossroads Middle School, and Pathways Middle School.
4. As a member of the school management team, the NCO/SRO shall
endeavor to maintain open and regular communication with the assigned school
principal and shall positively promote the school, staff, students, and
administration to the community.
5. Prior to assignment to a school, NCOs/SROs shall have basic SRO
certification, or shall obtain same within one (1) calendar year. NCOs/SROs
shall obtain ongoing training pertinent to their assignment, as such training is
available.
6. 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 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 NCOs/SROs
except as is necessary to investigate crimes and apprehend criminal suspects;
however, the SROs shall maintain high visibility with students during break and
lunch periods.
7. 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.
8. a. With the exception of paragraph 8(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
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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. District and Parental Notifications. Notwithstanding any
other provisions herein to the contrary, the following procedures shall be used in
all instances with regard to notifying the principal and/or a student's parents
about the interaction of NCOs/SROs with students:
i. When an NCO/SRO interviews a student in the course of
investigating a crime, the NCO/SRO 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 in which the interview was conducted.
ii. In the event that a student is arrested by an NCO/SRO or
if the NCO/SRO finds it otherwise necessary to remove the student from school,
the NCO/SRO shall immediately notify the principal of the school, or designee.
iii. Upon receiving notice of any of the above circumstances
from an NCO/SRO, the principal, or his or her designee, shall make reasonable
efforts to contact the student's parent 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 of which the principal is aware the principal may
then give the parent or guardian that information.
iv. If a student's parent or guardian contacts the principal
about interviews conducted by an NCO or SRO, the principal may disclose any
information received by the principal from the NCO/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 principal is
aware.
Liability arising from any of the above actions shall be governed by paragraphs
19 and 20 of this Agreement.
9. The City of Meridian shall use ten (10) 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 an NCO/SRO to be off
campus during a scheduled on -campus period, efforts will be made to provide
prior notice and arrange with the assigned school principal to provide adequate
coverage.
10. 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.
11. 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
will leave the enforcement thereof to the District. NCOs/SROs shall inform the
principal, or his designee, of violations of school policies, procedures, rules or
regulations of which he/she has personal knowledge.
12. This Agreement is for a period commencing on or about
August 15, 2017, and ending on or about June 5, 2018 in accordance with the
Meridian School District Calendar. It is agreed under the terms of this
Agreement that the NCOs/SROs shall commence the duties set forth herein one
(1) week prior to the first day of classes in August 2017, and will complete the
obligations one (1) day after the last day of classes in June 2018. 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 2017 — 2018 school year are tentative and may be
changed, and if there are changes, this Agreement shall incorporate such
changes as if set forth fully herein.
13. 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
$423,516.00 to the City of Meridian in two installments. One-half ($211,758)
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shall be paid on January 30, 2018, and the balance ($211,758) on or before May
31, 2018.
14. Security for special events will be approved and the City of
Meridian compensated as follows:
SPECIAL EVENTS
a. The District shall provide the Meridian Police Department
with a list of special events and scheduled after-school activities for all schools
within the city limits of Meridian at which the District is requesting law
enforcement officers to be present. The Meridian Police Department shall
provide a minimum of two police officers for each event.
b. If an event should arise that is not on the original special
event list provided by the District, the Community Service Division (CSD) SRO
Sergeant shall attempt to provide two law enforcement officers to comply with the
request.
RECORD OF TIME AND REIMBURSEMENT
C. NCOs/SROs who attend a special event at their designated
school and/or officers who work at special events at the request of a district
school principal shall complete a Meridian Police Department Time Slip for the
event and the requesting principal or his/her designee must sign and approve the
completed slip. The NCO/SRO and/or officers shall then submit the Meridian
Police Department Time 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 Department will invoice the individual school(s) hosting the
special event(s) at which NCOs/SROs or other officers worked at the end of each
month. The District shall pay one-half (1/2) of the overtime pay due and owing an
NCO or SRO who worked at the request of his/her designated school at the
NCO's/SROs hourly overtime salary. The District shall pay Meridian Police
Department standard overtime for all other required Meridian Police Department
Officers.
15. 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.
16. The District agrees to provide officers with adequate office space
and suitable desks and chairs for the purpose of this Agreement.
17. It is acknowledged by the parties that 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.
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18. Law enforcement personnel acting pursuant to this Agreement may
be absent from their assigned campuses on holidays observed by the District.
19. In the event the City of Meridian or any of its officers, agents,
employees, insurers, or indemnitors 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 indemnitors, and
hold them harmless in the premises.
20. In the event the District 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, defend and
indemnify District, its officers, agents, employees, insurers, and indemnitor, and
hold them harmless in the premises.
21. 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.
22. 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. If the City of Meridian terminates this
Agreement due to the District's failure to timely correct the default in its
performance, the District shall pay to the City of Meridian the consideration set
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out in Paragraph 13, prorated to reflect the number of school days in which
services were actually performed by the City of Meridian.
23. The District Assistant Superintendent of Operations for the school
district has the authority to execute this Agreement on behalf of the District; and
she/he shall promptly bring this Agreement before said Board of Trustees for its
ratification at a regularly scheduled meeting.
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24. This Agreement shall be interpreted in accordance with the laws of
25. This Agreement constitutes the entire agreement of the parties and
all other agreements, oral or written, are included in and merged herein.
26. This Agreement may be modified only by a mutually executed
written addendum signed by the Meridian School District Assistant
Superintendent of Operations and the Mayor of the City of Meridian.
27. The principal of each school shall, in writing, provide the Meridian
Police Chief with a designee to contact in the event the NCO/SRO cannot
contact the principal when so required pursuant to this Agreement.
28. 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:
Jeff Lavey Joe Yochum
Chief of Police Assistant Superintendent of Operations
Meridian Police Department West Ada School District
1401 E. Watertower Ave. 1303 E. Central Drive
Meridian, Idaho 83642 Meridian, Idaho 83642
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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.
29. 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 [!C day of fJvy 2017.
NUG US �
CITY OF MERIDIAN:
BY: 14
Tammy erd
Mayor
ATTEST:
WEST/ADA SCHOOL. DISTRICT:
By:
Joe YcVhum
Assistant Superintendent of Operations
By: 1�� � '14
Dr. Phi p Neuhoff
Clair of the Board
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