West Ada School District School Resource Officer Agreement 2020-2021 Year SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN CITY OF MERIDIAN AND
WEST ADA SCHOOL DISTRICT: 2020-2021 SCHOOL YEAR
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 No.
2, dba West Ada School District, an Idaho school district and body corporate and politic of
the State of 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 (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:
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.
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
t
and other required reports or documents; patrolling; and, to a limited extent, maintaining
building security, controlling traffic, and enforcing traffic laws around schools.
3. The City of Meridian shall provide one (1) SRO Sergeant for a single point of
contact communication, one (1) School Resource Officer at Mountain View High School,
one (1) School Resource Officer at Meridian High School, one (1) School Resource 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 professional service provider and de facto member of the school
management team, the 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. At the beginning of each school year the SRO shall
meet with the principal to discuss the principal's expectations. In addition, on a weekly basis,
the SRO shall meet with each principal or the principal's designee or provide an Activity Log
indicating where and on what school activities the SRO was involved in during the prior
week, unless the assigned principal does not request one.
5. Prior to assignment to a school, SROs shall have basic SRO certification, or,
in unexpected situations, shall obtain same within one (1) calendar year. 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 SROs except as is necessary to investigate crimes, apprehend criminal
suspects and otherwise perform the duties contemplated herein; 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" — available upon request). 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 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 SROs
with students:
i. When an SRO interviews a student in the course of investigating a
crime, the 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 SRO or if the SRO finds
it otherwise necessary to remove the student from school, the SRO shall immediately notify
the principal of the school, or designee.
N. Upon receiving notice of any of the above circumstances from an
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 SRO, the principal may disclose any information received by the
principal 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 principal is aware.
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 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. If the SRO will be absent from the assigned school for a full or partial day the
SRO shall notify the school principal in advance or as soon as practical.
10. During each annual performance evaluation of an SRO, the evaluating supervisor
shall consult with the principal of the assigned school(s) in preparing the evaluation.
11. 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.
12. 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. SROs shall inform the principal, or his
designee, of violations of school policies, procedures, rules or regulations of which he/she
has personal knowledge.
13. This Agreement is for a period commencing on or about
August 24, 2020, and ending on or about June 4, 2021 in accordance with the District's
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 August 2020, and
will complete the obligations one (1) day after the last day of classes in June 2021. Should
the parties wish to enter into an agreement for the City to provide SRO services to District
during the 2021 summer school session, they shall negotiate and execute an addendum to
this Agreement as set forth in Paragraph 25.
14. 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 $469,862.00 to the City
of Meridian in two installments. One-half ($234,931.00) shall be paid on January 30, 2021,
and the balance ($234,931.00) on or before May 31, 2021.
15. Security for events outside normal school hours will be reviewed and approved
by the City of Meridian per the following steps.-
0 SPECIAL EVENTS
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. 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
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 enter the event name and
hours worked for the event in the City's Timecard system.
PAYMENT
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 SROs or other officers worked
at the end of each month. The school shall pay one-half (1/2) of the overtime pay due and
owing an SRO who worked at the request of his/her designated school at the SRO's hourly
overtime salary. The school or District shall pay Meridian Police Department standard
overtime for all other required Meridian Police Department Officers.
16. 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.
17. The District agrees to provide officers with adequate office space and suitable
desks and chairs for the purpose of this Agreement.
18. Maintain the confidentiality of the District's education records consistent with
FERPA. Education records include records created by an SRO for a law enforcement
purpose that are maintained by the District or a school, and records created and maintained
by an SRO exclusively for a non-law enforcement purpose, such as a disciplinary action or
proceeding conducted by the District or a school. Records created by the Meridian Police
Department, including its SROs, for a law enforcement purpose and maintained by the
Meridian Police Department are law enforcement agency investigative records subject to
the Idaho Public Records Act and its applicable exemptions, including exemption of
education records and personally identifiable information contained therein under federal
law or regulations
19. 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.
20. Law enforcement personnel acting pursuant to this Agreement may be absent
from their assigned campuses on holidays observed by the District.
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. Cancellation or suspension of Agreement.
a. 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
out in Paragraph 14, prorated to reflect the number of full or partial weeks in which services
were actually performed by the City of Meridian.
b. This Agreement may be cancelled or suspended by either party
due to an Act of God, unforeseen occurrence, or any other event that renders performance
impractical. For purposes of this Agreement, an Act of God shall include, but not be limited
to: fire, hurricane, thunderstorm, snowstorm, flooding, disease, national or local emergency,
act of terrorism or any other extreme emergency under which it is impractical for either party
to perform. In the event of cancellation or suspension due to such circumstances, the District
shall pay to the City of Meridian the consideration set out in Paragraph 14, prorated to reflect
the number of full or partial weeks 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.
24. This Agreement shall be interpreted in accordance with the laws of Idaho.
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 District's 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 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
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 1ST day of September , 2020.
CITY OF MERIDIAN:
BY:
Robert E. Simison
Mayor
Page 96
BY:
Jeff6
ive
Chte of Police
ATTEST:
I Fnl y'+
L< CUTAN
1
Ch Johnson
City Clerk
WEST ADA SCHOO DISTRICT:
By:
Joe Ybchum
Assistant Superintendent of Operations
By:
d Klopfenst
Chair of the Board
t