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HomeMy WebLinkAbout13- City and School District 7 for SRO MEMORA ND UM OF AGREEMENT THIS AGREEMENT, made and entered into this day of'&L 2013, by and between the CITY OF BOZEMAN, a municipal corporation hereina%eW- red to as "CITY", and BOZEMAN SCHOOL DISTRICT NO. 7, hereinafter referred to as "SCHOOL". WHEREAS, The CITY and SCHOOL face the challenge of keeping pace with a growing, ever-changing community. Continued increases in Calls for Service, Property Crime and Crimes against Persons continue to challenge police resources. Serious crime by young people, drug and alcohol abuse, campus violence, and gang involvement prompt local concerns regarding a strong working relationship between the CFI'Y and SCHOOL and; WHEREAS, in recognition of the need to establish this relationship, the CITY and SCHOOL have formed an excellent working relationship, with the initial assignment of<1 School Resource Police Officer (SRO) to the school district nearly 20 years ago. This has evolved to a current assignment of two SROs to the school district and; WHEREAS, it is necessary to enforce district policy, serious behavior infractions, criminal law, crime prevention, attendance requirements and to develop strategies that will contribute to student and staff safety and progress toward the District's Long Range Strategic Plan and: WHEREAS, results of this complex and changing environment include increased budget constraints, and the need to reevaluate the role of the police agency in the community, especially in the schools. An intergovernmental cooperation arrangement between the CITY and SCHOOL is deemed an efficient and desirable means for effectively addressing the growing problem of juvenile-related crime and other problems and, WHEREAS, the SRO is instrumental in helping to provide a safe environment that is conducive to the learning process. Students, staff and our community have a heightened perception of safety due to the work of the SRO.Building relationships with students, faculty, staff, administrators and parents is important to the quality of the trust generated by the SRO on and off the campus. Positive relationships yield great results in the solvability of criminal acts, the prevention of crime, successful drug interventions, drug interdictions and the ability to effectively address non-criminal student needs. Building relationships involve SROs serving in a mixed role of educator, informal counselor and law enforcement officer and; WHEREAS, beginning nearly 20 years ago, the parties to this agreement believe it is in their best interests to come to an agreement creating and utilizing the position of "School Resource Officer" as a means to assist in enforcement of the compulsory attendance provisions of M.C.A. 20-5-101, Et. Seq.; to educate and enforce provisions of the Montana Youth Court Act, M.C.A. 41-5-101, Et, Seq.; and tomeet the demand for detection, investigation and prevention of juvenile criminal activity of Bozeman School District and other property within the city limits of Bozeman, and WHEREAS, the number and role of SROs began at one and increased to two SROs with a primary assignment and response to Bozeman High School needs, and am- Memorandum of Agreement for SRO-City of Bozeman and Bozeman School District 7 Page 1 WHEREAS, an assessment of need for enhanced SRO presence and services is needed in the Bozeman two Middle and eight elementary schools necessitating an expansion of the role and number of SROs; THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: I. The CITY andSCIfOOL shall mutually agree on the number of SROs to be hired. The number of primary SROs will be evaluated on an on-going basis and allocated appropriately based on enrollment and services needs and expectations. "Che assignment of other trained SROs in a part-time basis shall be at the mutual agreement of both the CITY and SCHOOL. 2, The CITY shall designate trained and qualified officers as SROsassigned to perform law enforcement actions related to criminal activities involving;juveniles, particularly when involving students or related to school district locations. Selection process for assignment to the SRO position shall include input or participation by the SCHOOL.,,. The CITY shall maintain supervisory authority over the officers. It is acknowledged and agreed by the parties that said officers will remain employees ofthe City. 3. The SROs shall enforce School & District Policy; Crime Prevention; Criminal Investigation; make arrests when necessary, Provide testimony at expulsion hearings; Assist classroom teachers by being an authoritative resource on law enforcement specific and related topics; Develop and deliver a variety of lesson plans and community presentations related to generic law enforcement-related topics such as Search and Seizure; Miranda; and Law Enforcement as a Career. Provide specialized lesson plans such as Bullying, Stalking, Sexual .Assault and Sexual Predation by Drug; Internet Safety; Rights vs. Responsibilities of a Citizen; Effects of Alcohol and Commonly Abused Drugs or other areas of educational needs as determined jointly between the CITY and SCHOOL.. 4. The SCHOOL shall be responsible for cost sharing of actual wage and benefit amounts earned by the SROsin the performance of their duties in accordance with City payroll standards. The SCHOOL shall pay 50% of the actual annual wake and benefit amounts in each fiscal year, as detailed below. The CITY will continue to act as fiscal agent for the officers. a. SCHOOL shall pay 50% of the actual annual wage and benefit amounts for two (2) assigned SROs on July 1, 2013.. b. SCHOOL shall pay 50°;/x, of the actual annual wage and benefit amounts for all assigned SROs effective January 1, 2014, 5. 7"he CITY will provide the equipment and resources necessary for the SROsto perform their duties. The SCHOOL will pay for new computers, as needed, at no more than two per year. The CITY will pay for all necessary portable cell phone purchase and monthly service costs. SOMINXIMMum Memorandum of Agreement for SRO-City of Bozeman and Bozeman School District 7 Page 2 6, The CITY will provide proper and adequate training; for the SROs.The SCHOOL, shall pay for 50% of the costs associated with the National Association of School Resource Officers (NASRO) Conference, as feasible. 7. The CITY will ensure to the extent reasonable that the SROs will be available for duty on school grounds by encouraging the SROs to take vacation only when school is not in session. The SCHOOLshall recognize the SROs are under contract to work a schedule consisting of four (4) ten (10) hour days during each work week.The CITY agrees to schedule SROs in a manner that provides optimal coverage and agrees that adjustments to schedules can be made when necessary. 8. The SROs will be encouraged to work extracurricular activities as requested by the SCHOOL when attendance or participation by the SRO is in the best interest of both the CITY and SCHOOL. Attendance will be in accordance with relative CITY supervision, policies and related Collective Bargaining Agreements. 9. The SCHOOL shall recognize the lawful authority of the SROs and cooperate in their efforts to enforce the law,The SROs act as part of the School's Administrative Team, as appropriate. 10. At a minimum, the SCHOOL shall provide a primary office for the SROs at the Bozeman High School, Sacajawea Middle School and Chief Joseph Middle School and allow access to and use of office-related equipment by the SROs at no cost to the CITY. 11. The SCHOOL acknowledges and agrees that the SROsprimary responsibility is that as a sworn police officer for the Bozeman Police Department. They are .subject to call out on short notice for major emergencies, and required as part of their duties to attend training, meetings or conferences and to attend and testify at court hearings and attendother related functions. The CITY will attempt to minimize these conflicts as best as feasible, 12. The SCHOOL shall designate a contact person of authority with the SROs for the purpose of sharing information and discussing areas of concern. The SROs shall ensure the SCHOOL is informed about law enforcement action which occurs on school property and/or which may involve a student, when sharing of such information is necessary for the safety of the SCHOOL and allowed by law. 13. "The SROs shall assist the SCHOOL., in the development and review of law enforcementand safety-related policies and procedures, to include related training or drills. 14. The SCHOOL and the SROs shall jointly participate in RiskAssessment meetings to determine the level of risk to a student, parent or other person poses and to assist in the creation of a safety plan regarding the risk. 15. The SCHOOL and the SROs shall jointly serve and participate in Interdisciplinary Teammeetings. Memorandum of Agreement for,SRO-City of Bozeman and Bozeman School District 7 Page 3 16. The SCHOOL and the SROs shall jointly participate in other meetings as appropriate to safety and prevention activities of the District. Nondiscrimination: Both the CITY and SCHOOL will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws., regulations, and contracts. Both parties shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated there under. Indemnification: Both the CITY and SCHOOL agreed to indemnify each party against, and hold each party harmless from, any and all liability, costs, damages, claims, suits, losses, expenses or causes of action connected therewith that may be asserted or claimed against, recovered from or suffered by either party by reason of any injury or loss, including, but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the pail of either party which may arise out of the performance of this agreement, Termination: The previous Memorandum of Agreement commencing on July 1, 2011 shall be terminated upon agreement and acceptance of this Memorandum of Agreement. The term of this agreement shall commence on July 1, 20131 and continue for a term of one (1) year and will automatically renew for consecutive one (1) year terms. Either party may terminate this agreement, without cause. upon furnishing the other sixty (60) days written notice thereof, IN WITNESS WHEREOF, the parties hereto have signed and executed the foregoing agreement the day and y ar first above written. BOZE SCCI 001, TRI CT#7- OF BOZEMAN By: A-- By: Rob atson, Superintendent Chris Kukulski, City Manager r, 0 AT ATTEST: O "x" 7 Mike Waterman, District Clerk Alm Memorandum of Agreement for SRO -City of Bozeman and Bozeman School District 7 Page 4 Amendment to City of Bozeman Recreation Department Independent Contractor Agreement for Recreation Programs As of September 14, 2013 the contract entitled City of Bozeman Recreation Department Independent Contractor Agreement for Recreation Programs between Rachel Waterman Studio, LLC and the City of Bozeman, MT will be changed as follows: Term Effective Date will be extended as follows: The term of this agreement shall be extended for one year beginning September 14, 2013 and ending September 13, 2014. Program Title will be added to as follows: Sing with Me, September 9-October 21 (no class October 14), 10:30-11:00am Move with Me, November 4-December 16 (no class November 25), 10:30-11:00am Play with Me,January 13-February 24 (no class February 17), 10.30-11:00am Clap with Me, March 17-April 21, 10:30-11:00am Wind Cycles, September 9-December 9 (no class Oct 14 and November 25), 1:00-1:45pm Sun Cycles, January 13-April 14 (no class February 17 and March 10), 1:010-1:45pm Additional classes may be added depending on the success of the above programs and need in the community. Program Description, Location, Dates and Times will be added as follows: Program Description: Weekly music and dance classes will include singing, chanting, moving, dancing, listening and playing simple instruments. All activities will bridge the natural connection between music and movement. There will be a variety of music (folk and classical) to nurture children's growing musical sensitivities. Location: Lindley Center, 1102 E. Curtiss Dates and Times: Sing with Me, September 9-October 21 (no class October 14), 10*30-11:00am Move with Me, November 4-December 16 (no class November 25), 10:30-11:00am Play with Me,January 13-February 24 (no class February 17), 10:30-11:00am Clap with Me, March 17-April 21, 10:30-11:00am Wind Cycles, September 9-December 9 (no class Oct 14 and November 25), 1:00-1:45pm Sun Cycles,January 13-April 14 (no class February 17 and March 10), 1:00-1:45pm Fees The City shall collect all fees from program participants and within 20 days of program conclusion and receipt of invoice, shall remit to the contractor 501 of all fees collected from program participants. These changes are the only changes to the original contract. The remainder of the original contract remains in full force.