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HomeMy WebLinkAboutResolution 2017-073 Approving Service Agreement for School Resource Officer MARANA RESOLUTION NO. 201.7-073 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH THE MARANA UNIFIED SCHOOL DISTRICT TO PROVIDE A SCHOOL RESOURCE OFFICER IN SUPPORT OF THE DISTRICT'S SCHOOL SAFETY PROGRAM WHEREAS the parties are authorized to enter into a service agreement for school safety program 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-year -A'ducation to provide one School Resource Officer grant from the Arizona Department of fl_. ("SRO") at Marana Junior High School; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the service agreement with MUSD to provide one Marana Police Department SRO for the School Safety Program. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the service agreement between MUSI) and the Town for the provision of a school resource officer in support of Mt,JSD's School Safety Program, attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this I st day of August, 2017. Mayor Ed'honea ATTEST: APPROV D AS 0 FORM: F fpr celyn C. ronson, Town Clerk Fr ik Cas Town Atto Zey r,, A Marana Resolution No.2017-073 MAAANAAZ ESTABLISHED 1977 SERVICE AGREEMENT by and betNileen MARANA UNIFIED SCIIOOL DISTRICT NO.6 and T11E TOWN OF MARANA This Service Agreement ("Agreement") is entered into by and between Marana Unified School District No. 6 (hereinafter known as "District") and Town of Marina (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.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 SafetyPro grarn;" NOW THEREFORE, in consideration of the mutual agreements set forth, the parties agree as follows; 1, 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 an SRO in support of the District's School Safety Program. In the provision of services under this Agreement,bothparties agree to comply with the provisions ofthe School Safety Program Guidance Manual dated February 2014("Guidelines")prepared by the Arizona Department of.l Jducation. The objectives of this Agreement are to instill feelings of safety in students and staff in the school environnient, 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 L-A ducation ("LRE"), 2, Term This Agreement shall commence and be effective on August 1, 2017, and shall terminate on Ma y 31,2020(the"Term"),unless terminated by either party as provided far in this .A reementPayment, performance and obligations for any fiscal period are subject to Agreement. y the availability and appropriation of monies. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSDITOWN OF MARANA Page I of 9 3. A.dniinistrative and.School Safety Services A, Duties and Obligations of District 1. The District shall provide a teacher to be present in the classroom, at all times, while the SRO'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 w ththe SRVs supervisor. 4. The School Administrators, not the SRO, are responsible for school discipline. The School Administrators shall not interfere with the duties of the SRO as sworn law enforcement officers. 5. The District shall facilitate collaboration between the SRO and other school persomiel on school-wide safety strategies such as staff trainings, emergency response planning,needs assessment and prev entionpro granunning. G. The District shat 1 provide time at regular staff meetings and trainings for the SRO 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 ofteachers and SRO involved in the delivery of LRE. S. The District shall participate in the selection process oftheir SRO. 9. The District shall provide office space that provides privacy for the SRO, The office shall include the equipment necessary for the SRO to effectively perform their duties; i.e., telephone, desk, chair, filing cabinet and up-to-date computer and printer. to, The School Administrator shall provide a complete copy of the grant application,the award and the Guidelines to each SRO 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 inthe grant. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSDITOWN OF MARANA Page 2ef9 B, Duties and Obligations ofTown 1, The Town shall provide one SRO,who will be present and accessible on the school campus to which assigned. one ,SRO shall be assigned to Marana Middle School. Each SRO must meet all requirements of the Guidelines. 2. The SRO shat l be present for a ten(10)month,fu ll-time position,at forty (4U) ours l per week, The ten (10) month period shall be defined as the District's school year for each ofthe school years occurring during the term ofthis 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),District shall not be invoiced for that time. Ifthe SRO is absent due to sick,vacation, personal or other leave,the District shall not be invoiced for that time. 3. The SRO must teach,have positive interactions with students, and serve as an active member of the school community. 4. The SRO must provide 180 hours ofLRE instruction per year.The LRE instruction requirement must include. a} At least 80 hours of LRE classroom instruction to ongoing cohort groups ofstudents i. Three to five classrooms, six sessions per classroom, within one quarter to the same group of students b) At least l 04 hours of universal LRE instruction 11 60 hours or more of universalLRE classroom instruction i. Up to 20 hours for LRE planning and preparation iii. Up to 20 hours for LRE instruction to school staff and school community 5. The SRO shall keep a Weekly activity log that tracks LRE instruction hours, teacher and subject or staff/community group, the topic of each LRE lesson, and the time the officer is offtheir assigned campus during their duty hours,regardless ofthe reason. 6, The SRO shall attend annual training provided by the Arizona Department of Education at the beginning of each schoolyear. 7. The SRO's supervisor shall attend training provided by the Arizona Department o f Education atthe beginning ofeach school year. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSDITOWN OF MARANA Page 3 of 9 S. The Town shall use its hest efforts to maintain the same SRO atthe site during the Term of this Agreement. Under no situation can a site have more than three (3) different SRO during the Tern. 9. It may be necessary to request the assistance of the SRO to SRO is off th When t d f l respond to a community situation/problem, traffic accident. en e p .-- 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 SRO shall serve as a member of the School Safety Assessment and Prevention Team. 11, The SRO shall utilize expertise and agency resources for intervention and prevention of potential crime, 12, The SRO shall collaborate with school personnel on school-wide safety strategies (e.g., staff trainin s, emergency response plamiffig, needs assessment and prevention programming). 13. The SRO shall build relationships with students, parents and staff that promote positive image of law enforcement. 14, The SRO shall fulfill their duties as sworn law enforcement officers of the State of Arizona. C. Joint Duties and Obli ations 1. The SRO's supervisor and School Administrator shall support, oversee and review the SRO's activity logs to ensure fulfillment of grant requirements. 2, The SRO's supervisor and School Administrator shall meet formally at least once persemester, 3. The School Administrator shall take 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, SRO 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 SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM;MUSDITOWN OF MARANA Page 4 of 9 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 D. Compensation In exchange for the Town's provision of the SRO 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 (3 0) days after receipt of the Town`s invoice. .Aniounts outstanding after thirty(3 0)days following invoice dates will be subject to a 10%late fee. Per the Guidelines,late fees cannot be paid out ofSchooI Safety Program monies. E. Student Information As part of this Agreement the SRO 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 (11FERPA11). The Town understands that disclosure ofsuch records to an unauthorized person is a violation of law. The Town agrees that it will not disclose student records unless authorized incojaipliancewithFERPA. 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 ofthis 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 lGiown 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 obta ined theinformation improperly or is bound by an agreement notto disclose the information.. G. .Ownershp_of Equipment Any equipment rovided by Town shall remain thep roperty of Town and any equipment provided by District shall reina in the property of District. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM,MUSDITOWN OF MARANA Page 5 of 9 a 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. Terminations Extension and Modilieation _ 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 inthe Safe SchoolsPrograin either party's Failure to implement or operate the approved"Safe Schools Program" iv, either party's non-compliance with the Agreement Any termination nnust be in writing,stating the reason therefore,be sent certified nail and upon thirty(3 0)days'notice to the other party. 6. Cancellation for Conflict of Interest The Patties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S. §38-511,the provisions of which are incorporated herein and made a part hereof. 7, lion-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, 8. Insura zl ee 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. 91 Employees Exce t as otherwise provided by law,in the performance of this Agreement P 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 SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSDITOWN OF MARANA Page 6of9 6 not be deemed or construed to be employees or agents of the other party, 10, Mutual Indemnification To the fullest extent permitted by law, each party (as "Indemnitor") 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 .-Inde�x�nitee for tl�e ........... Indemnitee's passive negligence. I.1, 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 inthe future. 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, PimaCounty. 13, Notice Any notice required or permitted tinder the terns of this Agreement shall be deemed given or served if sent by certified mail,return receipt requested,postage prepaid to: MARANA UNIFIEDD S CHOOL TOWN or MARANA DISTIUCTNO.d Attn: Town Manager 11279 w. Grier Road 11555 w. Civic Center Drive Marana,[Z 85653 Marana,4Z 55653 SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSDITOWN OF MARANA Page 7 of 9 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.RS. §41-4401, the parties warrant their compliance with all federal and immigration laws and regulations that relate to their employees and compliancewith 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. 1.6, Amendments To the extent permitted by law, the Parties may amend this Agreement in 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, anotherp arty ursuant to this sp ecific Agreement,is leen-.ed to be an employee ofboth parties, as provided in A.R.S. § 23-1022(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 withthenoticeprovisionsofA.RS.§23-1022(E). SIGNATURE PAGE FOLLO)N SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA Page 8 of 9 IN WITNESS M REOFthe parties siva this Agreement: Dated this day of 2017, upon resolution of the Marana Uiiified School District No. 6 Governing Board approving this Agreement and authorizing its Superintendent to sign below: MARANA UNIFIED SCHOOL DISTRICT NO. 6 By: 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 Maraiia t3nified School District. By Legal�ounsel for the Marana.Unified School District Dated this e, day of 2017, upon resolution of the Town Council L! A of the Town of Maraiia approving this Agreement aiid authorizing its Mayor to sign below: -4 "I'OWN OF M By: _ U76 Mayor 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 th wn of Maraiia. Ito t, 0M 0", 1) L11 0 o"M, BY: egal unsel f'or the I 67Tow Marana PV SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSDrrOWN OF MARANA Page 9 of 9