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HomeMy WebLinkAboutResolution 2014-068 MUSD Service Agreement for SROsMARANA RESOLUTION NO, 2014-068 RELATING TO THE POLICE DEPARTMENT APPROVING AND AtJr1FHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH THE MARANA UNIFIED SCHOOL DISTRICT TO PROVIDE SCHOOL RESOURCE OFFICERS IN SUPPORT OF THE DISTRICTS SCHOOL SAFETY PROGRAM WHEREAS the parties are authorized to enter into a service a for school safet pro purposes pursuant to A.R.S. § 15-154 and A.R.S. § 15-155 and WHEREAS the Marana Unified School District ( MUSD) is the recipient of a three- g rant from the Arizona Department of Education to provide one School Resource Officer ( "SRO" ) at Marana Hi School and one SRO at Marana Junior Hi School and WHEREAS the Ma and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the service a with MUSD to provide two Marana Police Department SROs -for the School Safet Pro NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the service a between MUSD and the Town for the provision of school resource officers in support of MUSD's School Safet Pro attached to this resolution as Exhibit A, is hereb approved, and the Ma is authorized to execute it tbr and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Mana and staff are hereb directed and authorized to undertake all other and further tasks re or beneficial to carr out the terms, obli conditions and objectives of the a PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 5th da of Au 2014. ATTEST: WN A I N � N WOW^ MAR A NA _ ocel Bronson, Town Clerk Ma E Honea APPROV 0 FORM: Resolution No. 2014-068 SERVICE AGREEMENT by and between MAR.ANA. UNIFIED SCHOOL DISTRICT NO. 6 and THE TOWN OF MARANA This Service Agreement ("Agreement") is entered into by and between Marana Unified School District No. 5 thereinafter known as "District ") and Town of Marana (hereinafter known as "Town "),, WHEREAS, the parties are authorized to enter into this Agreement pursuant to A.R.S. §15-154 and A.R.S. §15 -155; WHEREAS, the District is the recipient of a three (3) year grant from the Arizona Department of Education to provide one School Resource Officer ("SRO") at Marana High School and one SRO at Marana Middle School; WHEREAS, the District and the Town desire to work in cooperation with one another to further the goals of the District's "School Safety Program;" NOW THEREFORE, in consideration of the mutual agreements set forth, the parties agree as follows: I. Purpose The purpose of this Agreement is to establish the terms and conditions under which the Town will furnish administrative and other resources and provide SRGs in support of the District's School Safety Program. In the provision of services under this Agreement, both parties agree to comply with the provisions of the School Safety Program Guidance Manual dated February 2014 [ "Guidelines ") prepared by the Arizona Department of Education. The objectives of this Agreement are to instill feelings of safety in students and staff in the school environment, to provide a specific adult to address individual student safety concerns, to engender a positive view of law enforcement personnel, and to provide students with Law - Related Education ( 2. Term This .Agreement shall commence and be effective on July 1, 2014, and shall terminate on June 30, 2017 (the "Tern. "), unless terminated by either party as provided for in this Agreement. Payment, performance and obligations for any fiscal period are subject to the availability and appropriation of monies. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDa0wN OF MARANA I .Exhibit "A" 3. Administrative and School Safety Services A. Duties and Obligations of District I. The District shall provide a teacher to be present in the classroom, at all times, while the SRC] implements LRE classroom instruction. The teacher and the SRO shall co- present. 2. The District shall designate a School Administrator at each site who is required to attend training provided by the Arizona Department of Education. 3. The School Administrator must complete a SRO performance assessment twice a year. The assessment must be shared with the SRO's supervisor. 4. The School Administrators, not the SRO, are responsible for school discipline. The School Administrators shall not interfere with the duties of the SROs as sworn law enforcement officers. 5. The District shall facilitate collaboration between the SROs and other school personnel on school -wide safety strategies such as staff trainings, emergency response planning, needs assessment and prevention programming. 6. The District shall provide time at regular staff meetings and trainings for the SROs to deliver LRE instruction relevant to school -wide prevention and safety related updates. 7. The District shall promote the integration of LRE into the classrooms and direct staff development of teachers and SRC) involved in the delivery of LRE. 8. The District shall participate in the selection process of their SRO. 9. The District shall provide office space that provides privacy for the SROs. The office shall include the equipment necessary for the SROs to effectively perform their duties; i.e., telephone, desk., chair, filing cabinet and up -to -date computer and printer. 10. The School Administrator shall provide a complete copy of the grant application, the award and the Guidelines to each SRC) as soon as the SRO begins service at the site. 11. The District shall send officers to LRE training annually and provide for all related travel expenses as provided in the grant. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOWN OF MARANA 2 B. Duties and Obli ations of Town 1. The Town shall provide two SROs, who will be present and accessible on the school campus to which they are assigned. one SRO shall be assigned to Marana High School and one to Marana Middle School. Each SRO must meet all requirements of the Guidelines. 2. The SROs shall be present for a ten (10) month, full-time position, at forty (40) hours per week. The ten (10) month period shall be defined as the District's school year for each of the school years occurring during the term of this Agreement. Absent an emergency, the SRO shall not be called away from their designated school. If the SRO is called away for police business (not including mandatory training, meetings or crisis), the District shall not be invoiced for that time. If the SRO is absent due to sick, vacation, personal or other leave, the District shall not be invoiced for that time. I The SRO must teach, have positive interactions with students, and serve as an active member of the school community. 4. Each SRO must provide 180 hours of LRE instruction per year. The LRE. instruction requirement must include: At least So hours of LRE classroom instruction to ongoing cohort groups of students i. Three to five classrooms, six sessions per classroom, within one quarter to the same group of students 0 At least 100 hours of universal LRE instruction i. 60 hours or more of universal LRE classroom instruction ii. Up to 20 hours for LRE planning and preparation iii. Up to 20 hours for LRE instruction to school staff and school community S. The SROs shall keep a weekly activity log that tracks LRE instruction hours, teacher and subject or staff /community group, the topic of each LR.E lesson, and the time the officer is off their assigned campus during their duty hours, regardless of the reason. 6. The SROs shall attend annual training provided by the Arizona Department of Education .a.t..the..beginning of each school year. 7. The SROs' supervisor shall attend training provided by the Arizona Department of Education at the beginning of each school year. 8. The Town shall use its best efforts to maintain the same SRO at each site during the Term of this Agreement. Under no situation can a site have more than three (3) different SROs during the Term. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITowN OF MARANA 3 9. It may be necessary to request the assistance of the SRO tb respond to a community situation /problem, traffic accident. when the SRO is off campus on business that does not pertain to the school, those hours should be prorated and not paid for by the District. The invoice from the Town should reflect only hours the . SRO actually was involved in school business. 10. The SROs shall serve as a member of the School Safety Assessment and Prevention Team.. 11, The SROs shall utilize expertise and agency resources for intervention and prevention of potential crime. 12. The SROs shall collaborate with school personnel on school -wide safety strategies (e.g., staff trainings, emergency response planning, needs assessment and prevention programming). 13. The SROs shall build relationships with students, parents and staff that promote a positive image of law enforcement. 14. The SROs shall fulfill their duties as sworn law enforcement officers of the State of Arizona. C. Joint Duties and Obligations 1. The SROs' supervisor and School Administrator shall support, oversee and review the SROs' activity logs to ensure fulfillment of grant requirements. 2. The SROs' supervisor and School Administrator shall meet formally at least once per semester. 3. The School Administrator shall tale the lead on school policy violations. The SRO should be involved when a student's conduct violates a law. 4. As partners in school safety, SROs and administrators shall work, together to develop procedures for ongoing communication to ensure timely and uniform reporting of criminal activities. The parties shall develop and maintain a written document describing the general chain of command and channels of communication S. The parties shall follow the following guidelines as set forth in the School Safety Program Guidelines: a. SRO Recommended Qualifications and Recommended Job Description b. The Hiring Process C. Officer Training d. The Appeal Procedure e. Performance Evaluation SERVICE AGREEMEN FOR SCHOOL SAFETY PROGRAM: MUSDITowN OF MARANA 4 D. Compensation In exchange for the Town's provision of the SRGs and related services, District will pay to Town the cost of such services. The Town shall submit invoices to District on a monthly basis and the invoices shall be payable within thirty (30) days after receipt of the Town's invoice. Amounts outstanding after thirty (30) days following invoice dates will be subject to a 10% late fee. Per the Guidelines, late fees cannot be paid out of School Safety Program monies. E. Student Information As part of this Agreement the SRDs and Town administrative staff will have access to District's student educational records as defined by the Family Educational Rights and Privacy Act of 1974 ( "FERPA "). The Town understands that disclosure of such records to an unauthorized person is a violation of law. The Town agrees that it will not disclose student records unless authorized in compliance with FERPA. F. Confidential Information As a part of this Agreement, the Town's administrative staff and SRO may have access to information which is confidential in nature including information pertaining to District employees. Town will not disclose confidential information to any person not preauthorized by District. For purposes of this section, confidential information does not include (a) information that is known to Town on the date of this agreement, (b) information that is in or enters the public domain through no fault of Town or its representatives or agents, or (c) information that is made known to Town on a non -- confidential basis from an unsolicited source (other than the District) provided Town has no reason to know or believe that such source obtained the information improperly or is bound by an agreement not to disclose the information. G. Ownership of E ui rnent Any equipment provided by Town shall remain the property of Town and any equipment provided by District shall remain the property of District. 4. Reporting and Records All books, accounts, reports, files and other records relating to this Agreement shall be kept for five (5) years after termination of this Agreement. 5. Termination, Extension and Modification A. Termination. This Agreement may be terminated by either party if in its judgment such action is necessary due to: i . funding unavailability ii. statutory changes in the Safe Schools Program ill. either party's failure to implement or operate the approved "Safe Schools Program" iv. either party's non- compliance with the Agreement Any termination must be in writing, stating the reason therefore, be sent certified mail and upon thirty (3 0) days' notice to the other party. SERVICE AGREEMENT FOIL SCHOOL SAFETY PROGRAM: MUSDITowN OF MAR ANA 5 6. Cancellation for Conflict of Interest The parties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S. §35 -511, the provisions of which are incorporated herein and made a part hereof. 7. Non - Discrimination The parties shall comply with Executive order 99 -4 and all other applicable State and Federal Employment laws, rules and regulations, mandating that all persons shall have equal access to employment opportunities, and that no person shall be discriminated against due to race, creed, color, religion, sex, national origin or disability. S. Insurance Town and District each represent and warrant to the other that it shall at all times retain insurance coverage in compliance with State laws and shall name the other party as an additional insured. 9. Employees Except as otherwise provided by law, in the performance of this Agreement and the "School Safety Program," both parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers or associates of each other. The employees, agents or subcontractors of one party shall not be deemed or construed to be employees or agents of the other party. lo. Mutual Indemnification To the fullest extent permitted by law, each party (as "In.demnitor ") agrees to indemnify, defend and hold harmless the other party, its officers, officials, employees, agents, volunteers, successors, and assigns (as "Indemnitees ") from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as "claims," arising out of bodily injury to any person (including death) or property damage, but only to the extent that such claims which result in vicarious /derivative liability to the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, volunteers, successor, or assigns, provided, however,. that . the. - - Indemnitor shall have no obligation to indemnify . the Jndemnitee. for the Indemnitee's passive negligence.. 11. Applicable Law This Agreement shall be governed and interpreted by the laws of the State of Arizona, and in the event a conflict exists between this Agreement and the laws of the State of Arizona, the laws of the State of Arizona shall control. Any reference to a particular statute in this agreement shall also refer to that statute as amended in the future. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOWN OF MARANA 6 12. Dispute Resolution Neither party may file a claim against the other without first participating in good faith in mediation with a trained and impartial mediator. The parties shall share the expenses of mediation, except that shared expenses shall not include the cost incurred by a party for representation by an attorney at the mediations, if such representation is desired. If the dispute is not resolved by mediation or negotiation, a claim may be brought by either party in Arizona Superior Court, Pima County. 13. Notice Any notice required or permitted under the terms of this .Agreement shall be deemed given or served if sent by certified mail, return receipt requested, postage prepaid to: MARANA UNIFIED SCHOOL DISTRICT NO. 6 Marana AZ 85653 TOWN OF MARANA. Attn: Town Manager11279 W. Grier Road 11555 W. Civic Center Drive Marana AZ 85 653 14. Counterparts This Service Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same Agreement. 15. E- Verify, Records and Audits To the extent applicable under A.R.S. §41-4401, the parties warrant their compliance with all federal and immigration laws and regulations that relate to their employees and compliance with the E- Verify requirements under A.R.S. § 23- 214(A). A party's breach of the above - mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by either party under the terms of the Agreement. The parties each retain the legal right to randomly inspect the papers and records of the other party to ensure that the other party is complying with the above - mentioned warranty. The parties warrant to keep their respective papers and records open for random inspection during normal business hours by the other party. The parties shall cooperate with the other party's random inspections, including granting the inspecting party entry rights onto their respective properties to perform the random inspection and waiving ... their respective rights to keep .... such papers and records confidential. SERVICE AGREEMENT FOR SCHOOL, SAFETY PROGRAM: MUSDIToWN OF MARANA 7 16. Amendments =0 To the extent permitted by law, the parties may amend this Agreement in a writing signed by both Parties. 17. workers' Compensation For purposes of workers' Compensation, an employee of a party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another party pursuant to this specific Agreement, is deemed to be an employee of both parties, as provided in A.R.S. § 23-1 022(D). The primary employer of such employee shall be solely liable for payment of workers' Compensation benefits for the purposes of this paragraph. Each party shall comply with the notice provisions of A.R.S. § 23-1022(E). IN WITNESS HEREOF, the parties sign this Agreement: Dated this day of _ - � 2014, upon resolution of the Marana Unified School District No. 6 Governing Board approving this Agreement and authorizing its Superintendent to sign below: MARANA UNIFIED SCHOOL DISTRICT NO.6 Superintendent Attorney approval: This Agreement has been reviewed by the undersigned attorney who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Marana Unified School District. gal Counsel for the Marana Unified School District SERVICE AGREEMENT FOR S C H OOL SAFETY PROGRAM MUSD /TOWN of MA RANA 8 Dated this _��day of 7!� 2014, upon resolution of the Town Council of the Town of Marana approving this Agr ment and authorizing its � to sign below: TOWN OF MARANA Its: ltuth Attorney approval: This Agreement has been reviewed by the undersigned attorney, who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Town of Marana. BYE / al el for the 7 n o earana C:\UsersWmitb\AppData\Local\Microsoft\Wlndows\Temporary Internet Files\Content.Outlook\E70QG 1 BL\Service Agreement MUSD and Town of Marana Final.doex SERVJcF, AGREEMENT FOR S C H OOL SAFETY PROGRAM MUSDITOwN OF M ARA NA 9