Loading...
HomeMy WebLinkAboutResolution 2020-049 Authorizing Mayor to Provide Two School Resource Officers for MUSD Safety Program MARANA RESOLUTION NO. 2020-049 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH THE MARANA UNIFIED SCHOOL DISTRICT TO PROVIDE TWO SCHOOL RESOURCE OFFICERS IN SUPPORT OF THE DISTRICT'S SCHOOL SAFETY PROGRAM WHEREAS the Marana Unified School District ("District") and the Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952; and 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; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The service agreement between the Town of Marana and the Marana Unified School District, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of May, 2020. MARANA Mayor Ed Honea ATTE _ : APPROVED AS TO FORM: �� /- 1 Cherry L. La on, Town Clerk Fr. 1 Cassi, , Town Att. ney L., 00069774.DOCX/1 ,r Marana Resolution No.2020-049 - 1 - Exhibit A to Marana Resolution No. 2020-049 SERVICE AGREEMENT by and between MARANA 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. 6 (hereinafter known as "District") and Town of Marana (hereinafter known as "Town"); WHEREAS, the District and the Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952; and WHEREAS, the District is the recipient of a three-year grant from the Arizona Department of Education to provide one School Resource Officer ("SRO") at Marana Middle School; and 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 by providing SROs at Marana Middle School and Marana High School. 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 will provide one SRO at Marana Middle School and one SRO at Marana High School 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 described in the School Safety Program Guidance Manual updated July 31, 2017 ("Guidelines") prepared by the Arizona Department of Education to the maximum extent practicable or required. 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("LRE"). 2. Term This Agreement shall commence and be effective on July 1, 2020, and shall terminate on June 30, 2023 (the "Term"), 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. 3. Administrative and School Safety Services 00069547.DOCX/2SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA 1 Exhibit A to Marana Resolution No. 2020-049 A. Duties and Obligations of District 1. The District shall provide a teacher to be present in the classroom, at all times, while the SROs implement LRE classroom instruction. The teacher and the SROs shall co-present. 2. The District shall provide a School Administrator who must complete a SRO performance assessment twice a year. The assessment must be shared with the SROs' supervisors. 3. The School Administrators, not the SROs, are responsible for school discipline. The School Administrators shall not interfere with the duties of the SROs as sworn law enforcement officers. 4. 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. 5. 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. 6. The District shall promote the integration of LRE into the classrooms and direct staff development of teachers and SROs involved in the delivery of LRE. 7. The District shall participate in the selection process of the SROs. 8. 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. B. Duties and Obligations 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. Except as otherwise required by A.R.S. §23-1022 for Workers' Compensation purposes only (see Paragraph 17 below), the SROs shall at all times be employees of the Town and not the District. 2. The SROs shall be present for a ten-month, full-time position, at 40 hours per week. The ten-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 SROs shall not be called away from their designated schools. If the SROs are called away for police business (not including mandatory training, meetings or crisis), the 00069547.DOCX/2SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA 2 • Exhibit A to Marana Resolution No. 2020-049 District shall not be invoiced for that time. If the SROs are absent due to sick, vacation, personal or other leave,the District shall not be invoiced for that time. 3. The SROs must teach, have positive interactions with students, and serve as active members of the school community. 4. The SRO assigned to Marana Middle School must provide 180 hours of LRE instruction per year. The LRE instruction requirement must include: • At least 80 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 • 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 5. The SRO assigned to Marana Middle School 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 off campus during duty hours, regardless of the reason. 6. The SRO assigned to Marana High School will provide LRE instruction, similar to the instruction described in paragraph 4 above, as time permits. 7. The Town shall use its best efforts to maintain the same SROs at each site during the Term of this Agreement. Under no circumstances can either site have more than three different SROs during the Term. 8. It may be necessary to request the assistance of an SRO to respond to a community situation/problem or 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. 9. The SROs shall serve as members of the School Safety Assessment and Prevention Team. 10. The SROs shall utilize expertise and agency resources for intervention and prevention of potential crime. 11. The SROs shall collaborate with school personnel on school-wide safety strategies (e.g., staff trainings, emergency response planning, needs assessment and prevention programming). 00069547.DOCX/2SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA 3 Exhibit A to Marana Resolution No. 2020-049 12. The SROs shall build relationships with students, parents and staff that promote a positive image of law enforcement. 13. The SROs shall fulfill their duties as sworn law enforcement officers of the State of Arizona. 14. If required, the SROs and their supervisors shall attend annual training provided by the Arizona Department of Education at the beginning of each school year. C. Joint Duties and Obligations 1. The SROs' supervisors and School Administrator shall support, oversee and review the SROs' activity logs to ensure fulfillment of this Agreement. 2. The SROs' supervisors and School Administrator shall meet formally at least once per semester. 3. The School Administrator shall take the lead on school policy violations and will determine when to involve the SROs when a student's conduct violates a law. 4. As partners in school safety, the SROs and administrators shall work together to develop procedures for ongoing communication to ensure timely, uniform and appropriate reporting of criminal activities. The parties shall develop and maintain a written document describing the general chain of command and channels of communication 5. The parties shall follow the following guidelines as set forth in the School Safety Program Guidelines to the maximum extent practicable: 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 SROs and related services, District will pay to the Town during each ten-month school year during the Term of this Agreement the following amounts: 1. The full cost of the SRO's monthly compensation for the SRO assigned to Marana Middle School. 2. 50% of the SRO's monthly compensation for the SRO assigned to Marana High School. 00069547.DOCX/2SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA 4 Exhibit A to Marana Resolution No. 2020-049 The SROs' compensation shall be established by the Town. The Town shall submit invoices to District on a monthly basis and the invoices shall be payable within 30 days after receipt of the Town's invoice. Amounts outstanding after 30 days following invoice dates will be subject to a 10% late fee. E. Student Information. The confidentiality of personally identifiable education records of District students is protected and regulated by a federal law known as the Family Educational Rights and Privacy Act of 1974 ("FERPA"). The District, SROs and Town agree that any disclosure and/or re-disclosure of student educational records shall occur in compliance with FERPA. F. Confidential Information. If as a result of this Agreement the Town's administrative staff and/or the SROs are provided access to confidential information pertaining to District employees, Town administrative staff and SROs agree that they will not disclose such 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 Equipment. 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 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. either party's non-compliance with the Agreement Any termination must be in writing, stating the reason therefore, be sent certified mail and upon 30 days' notice to the other party. 6. Cancellation for Conflict of Interest The Parties 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. 00069547.DOCX/2SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA 5 Exhibit A to Marana Resolution No. 2020-049 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. 8. 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 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. 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 Indemnitee 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. 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 00069547.DOCX/2SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA 6 Exhibit A to Marana Resolution No. 2020-049 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 TOWN OF MARANA DISTRICT NO. 6 Attn: Superintendent Attn: Town Manager 11279 W. Grier Road 11555 W. Civic Center Drive Marana AZ 85653 Marana AZ 85653 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. 16. 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, another party pursuant to this specific Agreement, is deemed to be an employee of both parties as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable 00069547.DOCX/2SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA 7 Exhibit A to Marana Resolution No. 2020-049 for payment of Workers' Compensation benefits for the purposes of this paragraph. Each party shall comply with the notice provisions of A.R.S. § 23-1O22(E). [Signature page follows] 00069547.DOCX/2SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA 8 Exhibit A to Marana Resolution No. 2020-049 IN WITNESS HEREOF,the parties sign this Agreement: Dated this day of , 2020, 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 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 Marana Unified School District. By: Legal Counsel for the Marana Unified School District Dated this day of , 2020, upon resolution of the Town Council of the Town of Marana approving this Agreement and authorizing its Mayor to sign below: TOWN OF MARANA By: 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 the Town of Marana. By: Legal Counsel for the Town of Marana 00069547.DOCX/2SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM:MUSD/TOWN OF MARANA 9