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HomeMy WebLinkAboutIL037 Interlocal Agreement 1999-2000 INTERLOCAL AGREEMENT BETWEEN THE ANACORTES SCHOOL DISTRICT and CITY OF ANACORTES POLICE DEPARTMENT for COMMUNITY-ORIENTED POLICING AGENT THIS AGREEMENT is made by and between the Anacortes School District(the "District"), and the City of Anacortes, a municipal corporation,through its Police Department(the "Department"). RECITALS A. The District and the Department desire to cooperate pursuant to Chapter 39.34 RCW, Interlocal Cooperation Act, in order to make the most efficient use of their respective governmental powers within their jurisdiction. B. The Department is willing to assign a Community-Oriented Policing Agent(the"Officer")to the District with an office located at Anacortes High School (the "High School"), which is located in the City of Anacortes. AGREEMENT NOW, THEREFORE, in consideration of the mutual representations and covenants contained herein,the parties agree as follows: 1. Purpose. This Agreement is intended to increase security and school-building safety of Anacortes High School located in the District through the partial funding necessary to permit assignment by the Department of an experienced commissioned Department officer on a rotating basis during the regular school year. 2. Term. This Agreement shall commence on September 8, 1999 and shall expire on June 15, 2000 (the "Term"), unless terminated under the provisions of this Agreement. The parties may mutually extend the term of this Agreement in writin Upon expiration of this Agreement, all equipment furnished by the Department shall remain the sole property of the Department and any facilities, office equipment or other material support provided by the District shall remain the sole property of the District. 3. Termination. Either party may terminate this Agreement upon 60 day written notice to the other party. Teliiiination of this Agreement shall not teiniinate any duty of either party, which matured prior to the date of termination. 4. Duties of the Officer. The Department shall assign a uniformed officer to an office at the High School to promote safety and serve as a positive resource to the District and surrounding neighborhood. The duties and responsibilities of the Officer include, but are not limited to the following: a) Perform the duties enumerated in the City of Anacortes Police Officer description; b) Patrol the High School and surrounding areas in order to identify, investigate, deter and prevent crimes, especially those incidents involving weapons, youth violence,harassment, gang involvement,drugs or similar activity; c) Act as a liaison between the High School administrators and the Department; d) Establish and maintain a working rapport with the High School administration, staff and students; e) Provide school-based security during the regular school day and assist in the promotion of a safe and orderly environment at the High School. The Officer, however, shall not act as a disciplinarian. If the Officer is confronted with a non-criminal violation, such as a school rule violation, the Officer will assist only for the purpose of providing security for school staff members) charged with enforcing school rules. In the absence of an authorized District employee, the Officer may refer the matter to school administration; f) Assist in mediating disputes on campus, including working with students to help solve disputes in a non-violent manner; g) Act as a resource person in the area of law enforcement education at the request of staff, speaking to classes on the law, search and seizure, drugs, motor vehicle laws, etc.; h) Assist in planning, coordination, and execution of crisis response activities; and i) Perform other duties as mutually agreed upon by the Principal of the High School and the Officer, provided that the duty is legitimately and reasonably related to the Community-Oriented Policing Agent Program (the "Program") as described in this Agreement and is consistent with Federal and State law, local ordinances, District and Department policies, procedures, rules and regulations. S. Office Space and Supplies. The District shall provide the following for the Department's use: a) A private space, with sufficient lighting and heat, at the High School to be used by the Officer for general office purposes. b) Necessary office supplies, including but not limited to, a four drawer locking cabinet, a desk, a telephone, a computer/typewriter; and c) A portable radio for communication with High School security personnel. 6. Independent Contractor Status. The Department and the District understand and agree that the Department is acting as an independent contractor under the terms of this Agreement, with the following intended results: a) Control of personnel, standards of performance, discipline and other aspects of performance of the Officer shall be governed solely by the Department; b) All persons rendering services hereunder shall be for all purposes employees of the Department; c) The District will pay an hourly rate for the services rendered, with any excess covered by the Department. 7. Supervision of Officer. The officer shall remain an employee of the Department and not an employee of the District. The Officer shall remain responsive to the supervision and chain of command of the Department. The Department shall be solely responsible for the Officer's training, discipline or dismissal. Any allegation of improper conduct shall be referred to the Officer's immediate supervisor or directly to the Chief of Police. 8. Scheduling of Officer. The Department agrees to assign an officer to the District during the regular school year, for the Term of this Agreement. The Officer will be on campus as per schedule developed on a monthly basis. It is understood that for this school year, the Department's commitment will be to provide an officer on a part-time basis during the day and also at evening events such as games and dances, as arranged between the two agencies. 9. Overtime. The Officer may not work any overtime without the prior approval of the Department. Overtime will be paid in accordance with Department policies. 10. SeIection. The Department will select the Officer after consultation with the District. During the selection process the Department may use the following non- exclusive factors: a) The officer must be capable of conveying a positive police presence on the High School campus and in the community. b) The Officer must have the ability to be a positive resource to the school, staff, students,parents, and residents in the surrounding neighborhood. c) Officer assignment vacancies will be filled in accordance with this Section. 11. Removal. If the District administration has cause to believe that a particular Officer is not effectively performing the accordance with this Agreement, the Superintendent may recommend in writing to the Department that the Officer be removed from the Program. Within ten business days after receiving the recommendation,the Superintendent or the Superintendent's designee will meet with the Chief of Police or the Chiefs designee to discuss the recommendation. If the problem cannot be resolved in the opinion of the Superintendent or the Chief, or their designees,then the Officer shall be removed from the Program. 12. Funding. This Resource Officer position is funding primarily by the District via a state school security grant. The District pays a flat rate of$25 per hour for services according to an agreed schedule. Any costs beyond the $25 per hour rate will be borne by the Department. 13. No Third Party Rights. The establishment of this Program and the execution of this Agreement shall create no third party rights. In particular,the parties agree by establishing this Program that no past practice has been created with respect to duty assignment, the maintenance of the Program, or to otherwise limit the management discretion of the Department under its Collective Bargaining Agreement. This Agreement further shall not create any third party rights to the Officer or any other officer of the Department,to the citizens of Anacortes District, or any other person. 14. Insurance and Indemnification. The parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The parties further agree that no indemnification shall be provided for except as specifically set forth below, and that the respective liability of the parties to each other and to their persons shall be determined in accordance with the laws of the State of Washington. The District will protect, defend, indemnify and hold harmless the Department, its officers, employees, or agents from any and all costs, claims,judgments or awards of damage arising out of or in any way resulting from negligent acts or omissions of the District, its officers, employees, or agents. The Department will protect, defend, indemnify and hold harmless the District, its officers, employees, or agents from any and all costs, claims,judgments, or awards of damage arising out of or in any way resulting from negligent acts or omissions of the Department, its officers, employees, or agents. In the event of concurrent liability,the parties shall have the right of contribution in proportion to the respective liability of each party. Nothing contained in this section shall be deemed to waive immunities established pursuant to state statute or to create third party rights or immunities. 15. District's Responsibility for Safety and Security. The parties understand and agree that the District retains its legal responsibility for the safety and security of the District, its employees, students and property, and this Agreement does not alter that responsibility. 16. Interviews and Arrest Procedures. If the Officer plans to interview suspects or victims of crime, the Officer, to the extent practicable, will advise the Principal and work with the Principal to minimize disruption to the High School and other students. District employees will make parental notification of such interviews in accordance with policy as established District regulations and applicable laws. The Principal or Principal's designees may request that the Officer be present during the interview of a student. If permitted, the Principal or the Principal's designee will be present solely as an observer of the interview and not as a participant therein. The presence of a District employee at an interview of a student regarding a criminal matter shall make said employee subject to subpoena as a witness thereto. In the event the Officer arrests a student at the High School,the Officer shall notify the Principal or the Principal's designee as soon thereafter as practical. In the event that the arrested student is a juvenile, the Department will notify the parent(s) or legal guardian pursuant to Department policy and procedure. The District may also make notification as may be necessary under its own guidelines. 17. Release of Student Information. Upon request by the Department,the District will provide directory information relating to its students which is permitted under District policy and state and federal law. 18. Police Reports. The Officer shall provide the District with police reports as permitted by Washington law and/or Department policies and procedures. 19. Applicable Law. This Agreement shall be governed by the laws of the State of Washington. 20. Recording. This Agreement shall be filed with the Skagit County Auditor. 21. Notice. Notices under this Agreement shall be sent to the following: If to the Department: Mr. Mike King, Chief of Police 1011 12th Street Anacortes Police Department Anacortes, WA 98221 If to the District: Dr. Tom Marrs, Superintendent Anacortes School District 2200 M Avenue Anacortes, WA 92821 22. Entire Agreement. This Agreement is the entire agreement between the parties and supersedes and merges with any prior agreements of the parties, written or oral, with respect to the Program. This Agreement shall be amended only in writing with the written consent of the parties. This Agreement shall be interpreted in order to implement its central purpose, which is the creation of the Program and the underlying understanding that the police functions of the Officer shall be directed only by the Department. ANACORTES SCHOOL DISTRICT � 1 / By: / )3 2 72/ ram— Dated: / 7/2_e1.7) Dr. Tom Marrs Superintendent ANACOR E LIC PARTMENT By: Dated: ike King Police Chief /V._60.--,.---)54e/ ATTEST/AUTHE TI TED: r- dC� tyCI k APPROVED AS TO FORM: Steve M eil field City Attorney cc: Mayor Dean Maxwell