ILA Edmonds School District and City of Edmonds for School Resource OfficerINTERLOCAL AGREEMENT
BETWEEN THE EDMONDS SCHOOL DISTRICT
And
CITY OF EDMONDS
For
SCHOOL RESOURCE OFFICER
THIS AGREEMENT is made by and between the Edmonds School
District, hereafter referred to as "District", and the City of Edmonds, a
Washington State municipal corporation, hereafter referred to as "Edmonds."
RECITALS
A. WHEREAS, the District and Edmonds 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 jurisdictions; and
B. WHEREAS, Edmonds and the District desire to re-establish a
School Resource Officer Program (hereafter referred to as
"Program,") to provide security, promote safety and serve as a
positive resource to the District, the participating High School that is
named in this Agreement and the surrounding neighborhood; and
C. WHEREAS, Edmonds is willing to assign a uniformed Police Officer
to serve as a School Resource Officer (hereafter referred to as
"Officer") to be assigned to the High School location(s) specified
herein in order to provide safety, patrol, and assist with certain
related duties, in return for a rate of compensation to Edmonds that
is agreed upon by the parties hereto.
AGREEMENT
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 safety
for students, staff and property at Edmonds — Woodway High School
(the High School) located in the District through the assignment by
Edmonds of one (1) experienced commissioned Edmonds Officer to
service the location at the specified rate of compensation herein;
2. Term. This Agreement shall commence on August 16, 2018 and shall
expire on June 30, 2021, unless otherwise terminated under the
provisions of this Agreement. Two additional one-year extensions are
allowed. Such extensions shall occur automatically and shall not
require written notice of such extension. Should either party desire not
to renew for the upcoming school year, such party must provide written
notice by April 1 to the other of its intent not to renew. Upon expiration
INTERLOCAL AGREEMENT - EDMONDS O4.10.18
of this Agreement and any extensions, all equipment furnished by
Edmonds shall remain the sole property of Edmonds 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 for any
reason upon sixty (60) days' written notice to the other party. This
Agreement is subject to funding, and either party may terminate with
ten (10) days written notice due to lack of funding. If this Agreement is
terminated prior to completion of the school year by either party, to the
extent that compensation has been paid by the District for services not
yet provided by the City OR services have been provided by the City
for which compensation has not yet been paid by the District, the party
due compensation or reimbursement shall be compensated or
reimbursed by the other party on a prorated basis through the date of
termination.
4. Duties of Officer. Edmonds shall assign the Officer to the High School
to promote safety and serve as a positive resource to the District and
the surrounding neighborhood. The duties and responsibilities of the
Officer include, but are not limited to, the following:
a. Perform the duties enumerated in the Edmonds Police
Officer Job Description;
b. Patrol the High School and surrounding areas to identify,
investigate, deter and prevent crimes, especially those
incidents involving weapons, youth violence, harassment,
gang involvement, drugs, or similar activities;
C. Act as a liaison between the High School Administrators
and Edmonds;
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 inform the High School
Administrators of the same and assist only for the
purposes of providing security for school staff member(s)
charged with enforcing school rules and providing
testimony in a due process hearing. In the absence of a
High School Administrator, the Officer may refer the
matter to District administration;
INTERLOCAL AGREEMENT - EDMONDS O4.10.18
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Assist in mediating disputes on campus, including
working with students to help solve disputes in a non-
violent manner;
g. Participate in the District multi -disciplinary threat
assessment team.
h. Act as a resource person in the area of law enforcement
education at the request of staff, speak to classes on the
law, search and seizure, drugs, motor vehicle laws, etc.;
and,
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
Program as described in this Agreement and is
consistent with federal and state law, local ordinances,
and District and Edmonds policies, procedures, rules,
and regulations.
5. Office Space and Sup lies. District shall provide the following for the
Officer's use at the High School, all at the District's cost:
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 equipment and supplies, including but
not limited to a locking cabinet, a desk, a telephone, and
a computer.
C. A portable radio for communication with High School
personnel.
6. Independent Contractor. Edmonds and District understand and agree
that Edmonds 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 Edmonds;
b. All persons rendering services hereunder shall be for all
purposes employees of Edmonds;
C. All liabilities for salaries, wages or any other
compensation for the assigned Officer shall be the
responsibility of Edmonds.
INTERLOCAL AGREEMENT - EDMONDS O4.10.18
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7. Supervision of Officer. The Officer shall remain an employee of
Edmonds and is not an employee of the District. The Officer shall
remain responsive to the supervision and chain of command of
Edmonds. Edmonds shall be solely responsible for Officer's training,
discipline, or dismissal. Any allegation of improper conduct shall be
referred by High School or District Administration to the Officer's
immediate supervisor or directly to the Edmonds Chief of Police.
8. Scheduling of Officer. Edmonds agrees to assign an Officer to
Edmonds — Woodway High School during the regularly scheduled
school year, for the term of this Agreement. The Officer will work at
his/her assigned High School throughout the regularly scheduled
school day, Monday through Friday, 7 a.m. to 3 p.m., less any
scheduled vacation time, sick time, training time, court time, or any
other police -related emergencies, such as civil disasters. When the
Officer will not be on campus during his/her regular work hours during
the school year, the Officer will advise the High School Principal in
advance of the Officer's absence and a phone number where the
Officer can be reached. On scheduled workdays when school is not in
session, the Officer will work as assigned by Edmonds.
a. Once assigned, the Officer should be available during
normally scheduled work hours to attend District provided
training which assists the officer in understanding safety and
disciplinary procedures utilized by the District to include;
Right Response Training, District disciplinary, emergency
preparedness, suicide prevention responsibilities, and threat
assessment teams.
b. The Officer should be available to attend a monthly District
or regional SRO meeting to coordinate with other District
SRO personnel.
9. Overtime. Officer shall not work any overtime without the prior
approval of Edmonds. Overtime will be paid by Edmonds in
accordance with Edmonds policies. The District is not responsible for
any overtime cost unless requested by the District for special events or
security. Overtime not related to the District incidents/activities shall
not be billed to the District.
10. Selection. Edmonds and the District will cooperate in the selection of
an Edmonds uniformed Officer to perform the services under this
Agreement. Officer assignment vacancies likewise will be filled in
accordance with this section. During the selection process Edmonds
may use the following non-exclusive factors:
a. Officer should be considered capable of conveying a positive
police presence on the High School campus and in the
community.
INTERLOCAL AGREEMENT - EDMONDS O4.10.18
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b. Officer should have the ability to be a positive resource to
the school, staff, students, parents, and residents in the
surrounding neighborhood.
c. Prior to appointment, the Officer shall complete the Basic
SRO training course. The Officer should also attend the WA
CJTC School Safety Officer Course #6216 as scheduling is
available through the state. Both the District and Edmonds
are committed to continual professional development training
for the Officer.
11. Removal. If the District has cause to believe that a particular officer is
not effectively performing in accordance with this Agreement, the
Superintendent or designee may recommend in writing to Edmonds
that the Officer be removed from the Program. Within ten business
days after receiving the recommendation, the Superintendent or
designee will meet with the Edmonds Chief of Police or designee to
discuss the recommendation. If in the opinion of the Chief or the
Superintendent, or their designees, the problem cannot be resolved,
then the Officer shall be removed from the Program.
Edmonds retains the right to remove or re -assign the appointed Officer
as needed. Replacement of the Officer is subject to the above
described Selection process.
12.Compensation. In consideration of Edmonds's assignment of the
Officer to the Program, the District agrees to pay 50% of the salary and
benefits of the actual assigned officer for the school year, for the term
of this Agreement, as determined by Edmonds. The costs are the
responsibility of the District to Edmonds. The parties understand and
acknowledge that the sums provided under this Agreement only
partially fund the position of one fulltime Officer to the High School and
that Edmonds reserves the right to assign the Officer outside of regular
school hours to other police duties as determined in the sole discretion
of Edmonds. In addition, Edmonds reserves the right to assign the
Officer to other police functions in the event of an emergent need,
including but not limited to civil unrest or a natural disaster. The
District and Edmonds agree to negotiate compensation and costs
under the Agreement for any extension beyond the original Agreement
term. All additional salary, wages, benefits, or other compensation of
the Officer under this Agreement shall be the responsibility of
Edmonds.
In addition, the District agrees to pay Edmonds an annual police
vehicle operation and maintenance fee of $2,000. This is 50% of the
estimated cost to operate the vehicle for the school year.
13. Billing Period. Edmonds shall invoice the District twice a year in equal
installments for the amount due. Invoices shall be delivered to the
INTERLOCAL AGREEMENT - EDMONDS O4.10.18
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District on or before September 1 for the upcoming four months of
service; and shall bill on or before January 1 for the remaining work to
be completed during the final six months of service during that school
year. Invoices shall be submitted in a form approved by the District,
and shall specify the services to be performed, period of service and
amount due.
14. Payment. District shall pay Edmonds within 30 days from the date of
receipt of a proper invoice. Payments to Edmonds later than 30 days
following the receipt of a proper invoice shall accrue interest at the rate
of 12% per annum on the balance due. All payments shall first be
applied to accrued interest.
15.Nc Third -Party Rights. The establishment of this Program and
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 Edmonds under its Collective Bargaining Agreement.
This Agreement further shall not create any third -party rights to the
Officer or any other Officer of Edmonds, or to any other person.
16.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 third persons shall be deemed in accordance with the laws of
the State of Washington. The District will protect, defend, indemnify,
and hold harmless Edmonds, its officers, employees, or agents from
any and all costs, claims, judgments or awards of damages arising out
of, or in any way resulting from, negligent acts or omissions of the
District, its officers, employees, or agents. Edmonds will protect,
defend, indemnify, and hold harmless the District, its officers,
employees, or agents from any and all costs, claims, judgments or
awards of damages arising out of, or in any way resulting from,
negligent acts or omissions of Edmonds, 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 statutes or to create third
party rights or immunities.
17. District 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.
18. Interview and Arrest Procedures. If the Officer plans to interview
suspects or victims of crime, the Officer, to the extent practicable, will
INTERLOCAL AGREEMENT - EDMONDS O4.10.18
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advise 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 District policies and
procedures and applicable laws. The Principal or designee may
request that she/he or a designee be present during the interview of a
student. 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, Edmonds will notify the parent or
legal guardian pursuant to Edmonds policies and procedures. The
District may also make notification as necessary under its own policies
and procedures.
19. Release of Student Information. Upon request by Edmonds, the
District will provide directory information relating to its students, to the
extent permitted under District policy and state and federal law.
Student information and databases will not be utilized by the Officer or
by Edmonds for the enforcement of immigration laws or to obtain
family data for the purposes of immigration enforcement.
20. Police Reports. The Officer shall provide the District with police
reports to the extent permitted by state law and Edmonds policies and
procedures.
21. Applicable Law. This Agreement shall be governed by the laws of the
State of Washington.
22. Recording. This Agreement shall be filed with the Snohomish County
Auditor, or alternatively as provided by RCW 39.34 shall be posted on
the District or Edmonds Website.
23. Notice. Notices under this Agreement shall be sent to the following:
Edmonds Chief of Police
PO Box 5008
Edmonds, WA 98046-5008
Superintendent
Edmonds School District
20420 68th Ave. West
Edmonds, WA 98036
24. Entire Agreement. This Agreement is the entire agreement between
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
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understanding that only Edmonds shall direct the police functions of
the Officer.
EDMONDS SCHOOL DISTRICT
By:
Kristine M//cDuffy, S p I ndent
`71l
Dated: W g
CITY OF EDMONDS
By: cqr&:��L **'�
David O. tarling, Mayor
Dated: % • 3 . � Sr
By
Scott Jam ly,
Finance Director
Attest F m
CI y Attorney,
INTERLOCAL AGREEMENT - EDMONDS 04.10.1 B
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