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Res 2013- 20 Renew Contract School Resource OfficerCity of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2013-20 RESOLUTION RENEWING A CONTRACT FOR SERVICE WITH ISD 197: SCHOOL RESOURCE OFFICER CONTRACT FOR SERVICE WHEREAS, the City of Mendota Heights has provided a School Resource Officer (SRO) to ISD 197 since the 2004-05 school year and wishes to do so in the future; and WHEREAS, the previous contract was renewed three times; and WHEREAS, the previous contract was up for renewal; and WHEREAS, the contract for service charges only for actual services provided; and WHEREAS, a new contract was agreed upon by legal counsels for ISD 197 and the City of Mendota Heights; and WHEREAS, a Memorandum of Understanding was updated detailing the working relationships and goals of the SRO program; and WHEREAS, the City understands the responsibilities vested in them to provide for the health, safety and welfare of staff and students of ISD 197; and WHEREAS, the City continues to strive to provide the best service to the residents and this cooperative venture provides for the best level of service to the public; and WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter and wishes to maintain this contractual agreement, thereby ensuring the safety and security of the staff and students of ISD 197. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mendota Heights, Minnesota as follows: Resolution 2013-20 Renewing a Contract with ISD 197: School Resource Officer Contract for Service. Adopted by the City Council of the City of Mendota Heights the 19th day of March, 2013. CITY COUNCIL ME 0 OTA HEIGHTS Lorri Smith, City Clerk Sandra Kreb ch, Mayor SRO CONTRACT School Resource Officer Contract for Service This School Resource Officer Contract for Service (the "Agreement ") dated this 4th day of March, 2013, is made pursuant to Minnesota Statute 471.59, by and between the City of Mendota Heights ( "City ") and School District 197, West St. Paul /Mendota Heights /Eagan ( "School District "). 1. Purpose The City and School District wish to participate in a School Resource Officer (SRO) Program (the "Program ") between the City of Mendota Heights Police Department and School District 197. Both the City and School District feel that a this more formalized approach to the School Liaison Officer Program is needed to improve understanding and promote mutual respect between police, school, staff, counselors, parents, and students. The purpose of this agreement is to set forth, in writing, the terms and conditions, to create, fund, and implement the position of a police school liaison officer(s) ( "PSO "). 2. Funding The School District will fund the actual expense incurred by the City related to the hiring of the PSO. Without limiting the generality of the foregoing, the City and School District acknowledge that the following costs will be paid by the School District (collectively, the "Costs "): A. Officer's salary; B. Officer's related benefits, including, but not limited to sick time, vacation and disability pay; C. Training set at a flat rate of $1200 year; and D. Equipment (police equipment and squad) costs set at a flat rate of $4500 per year. In the event that the contract is extended beyond 2016, the Costs for such years will be agreed to by both parties based upon the actual amount of the Costs. In the event the School District or the City should receive a grant or special funding to offset the Costs, the amount billed to the School District will reflect the alternative funding and will result in the amount paid by the School District being adjusted accordingly. 3. Services The City shall provide the services of a police officer or officers and related support services and supplies to assist the School District in establishing and maintaining the Program at the assigned school(s). The PSO(s) will have the duties as described on a separate MOU between the City and the School District and attached hereto and made a part hereof as Exhibit A (collectively, the "Services "). The School District agrees to SRO CONTRACT provide office space, telephone, cell phone, computer and printer which are necessary for the PSO(s) to provide the Services. 4. Payment The City shall provide billing to the School District for the Services on a semi-annual basis, with invoices being provided on each July 1 and January 1. Invoices will be due and payable by the School District no more than thirty (30) days after receipt of the same. 5. Term This Agreement shall commence on the 15t day of September, 2012, and shall end on the 30th day of June, 2016. Thereafter, the Agreement may be renewed for additional two year periods as agreed by both parties. 6. Contractor The City through its Chief of Police will remain free to exercise judgment and professional expertise in determining how to best provide the Services described in this Agreement. The City acknowledges that no withholding for state or federal benefits or taxes will be made from the payments made to the City by the School District. The City also acknowledges that it has sole obligation to comply with state, local and federal tax provisions with regard to the Services and the independent contractors hired by the City to perform the Services. The City and any PSO who performs the Services for the District agree that the PSO shall not accrue any continuing contract rights and the officer specifically waives any right to a continuing contract. The City agrees that if the PSO makes any employment claim or brings any employment action of any kind, the City will be solely responsible for the defense and payment of such claim as the PSO is not an employee of the District. 7. Scheduling The duty hours of the school liaison PSO are flexible and will be primarily coordinated with the school day and/or activities during the normal school year. The PSO officer will make daily contact with the police department for the purpose of keeping abreast of incident reports and other city activities. During non-school periods, such as summer break, the PSO's duties and schedule will be determined by the Chief of Police and the district is not billed for that time. 8. Termination of this Agreement This Independent Contract will run through June 30, 2016 but the costs associated with the Program shall be reviewed annually by both parties. Notwithstanding the four (4) year term of the contract, either party may terminate the Agreement by providing written notice to the other party no less than six (6) months prior to the planned termination date. 2 SRO CONTRACT 9. Temporary Emergency Reassignment The School District acknowledges that the PSO may be occasionally called upon to respond to emergencies within the community. If, in the discretion of the Chief of Police, it becomes necessary to remove the PSO from the district for more than periodic assistance to respond to emergency calls, the Chief will inform the School District officials in advance of this action. Should the liaison officer be removed from his duties in the district, the district will not pay for the officer's salary or benefits during that absence. 10. Security/Linking The PSO office will be locked and secured by a key issued only to the PSO. The PSO will be provided a suitable computer, monitor and printer and any other items or services necessary, at the expense of the School District, so that the PSO will have full access to the network of the Mendota Heights Police email system and School District 197's email and network system at all times the PSO is working pursuant to this Agreement. 11. Indemnification Each party is responsible for its own actions. Both parties' liability shall be limited by applicable law and nothing in this Agreement shall be interpreted in any way that reduces or limits either parties statutory protections or liability limits. 12. Amendments This Agreement contains all the full understanding and agreements between the parties and may not be amended except in writing agreed to and executed by both parties. If any provision of this Agreement is found invalid by a court or agency, it shall not invalidate any remaining provisions. 13. Data Practices Sharing of data will be done only pursuant to the Minnesota Data Practices Act and the Family Educational Rights of Privacy Act. Any data shared between the two parties to this Agreement will be maintained in accordance with all applicable state and federal laws. Because the City and the officer(s) are not employees of the District, any violation of the state or federal law in this regard is the sole responsibility of the City and the officer and each agrees to hold the District harmless if a claim or action arises because of the City's actions or omissions. 3 SRO CONTRACT 14. Discrimination The City and School District agree not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age, or religion. The parties agree not to discriminate as required by any and all applicable state and federal laws. 15. Interpretation This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both the City and the School District have contributed substantially and materially to the preparation of this Agreement. 16. Construction The headings of the sections and subsections of this Agreement are for convenience and reference only and do not form a part hereof, and in no way interpret or construe such sections and subsections. Wherever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable. 17. Parties in Interest This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, representatives, successors, and assigns. This Agreement is for the sole benefit of City and the School District and no third party is intended to be a beneficiary of or have the right to enforce this Agreement. 18. Attorneys' Fees In the event of litigation between the parties in connection with this Agreement, the prevailing party (i.e. the party whose position is substantially upheld by the court) shall be entitled to recover its reasonable attorneys' fees and costs from the non - prevailing party. The obligation in the immediately preceding sentence shall survive the expiration or earlier termination of this Agreement. 19. Definitions If any date herein set forth for the performance of any obligations by the parties or for the delivery of any instrument or notice as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. As used in this Section, the term "legal holiday" means any state or federal holiday for which financial institutions or post offices are generally closed in the State of Minnesota. The term "including" shall mean including, as an example, without limiting the generality of the foregoing. 4 SRO CONTRACT 20. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. A signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. 21. Governing Law This Agreement shall be construed as to both validity and perfonnance and enforced in accordance with and governed by the laws of the State of Minnesota. 22. Headings The headings contained herein are for convenience of reference only and do not affect, define, describe or limit the scope or intent of this Agreement or any of its provisions. [Remainder of Page Left Intentionally Blank. Signature Page to Follow.] 5 SRO CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. City of Mendota Heights School District 197 Chair, ISD -19 City 'lerk Clerk, r� 197 School Board 7332852v3 6 MOU School District 197 SRO Exhibit A: Services Memorandum of Understanding SCHOOL DISTRICT 197 and Mendota Heights Police Department RE: School Resource Officer (SRO) is a Police Officer provided under contract to School District 197. Reports to Administrative Sergeant and Chief of Police and works directly with school staff. Job Duties The SRO will work towards carrying out the mission of the Mendota Heights Police Department within the school community. The SRO will act in their capacity as a Police Officer to provide a safe learning environment, to prevent crime, and to investigate and solve crimes. Additionally the SRO will: Follow all policies and procedures of the Mendota Heights Police Department (MHPD). Follow the MHPD chain of command. Work closely with the school administration and staff. Work with building facilities personnel on issues related to building security. Refer school disciplinary actions to school administration. Work closely with school staff to identify pre-delinquent youth (at risk) and assist in targeting the appropriate resources necessary to prevent delinquent acts. Work closely with school administration in planning emergency preparedness and exercises. (i.e. Lockdown procedures, security plan review, etc.) Serve as a conduit of information between students, staff, parents and Dakota County Social Services and court agencies. Attend regular meetings of staff, police, Dakota County Criminal Justice officials (probation, 360 Communities, county attorney), Dakota County MOU School District 197 SRO Social Service staff and other staff deemed necessary to enrich the learning environment or increase the safety of the schools. Work with School District 197 personnel and Dakota County officials on truancy issues. Complete appropriate police reports according to policy, and provide a detail of daily activities. Meet with parents and educators (staff) as necessary to facilitate conflict resolution within the school. Be notified when crisis response has been activated by the school on any problem or notifies school administration when crisis response is needed. Develop and monitor a working knowledge of all students within the school setting. Intervene and take appropriate legal action when the welfare of school staff, students, etc. may be in danger. Provide education programs as requested. Provide in-service education as requested. Work at promoting a positive image of School District 197. Meet regularly with other SRO's in Dakota County. Stay current in industry trends and requirements Know resources and contacts in Dakota County criminal justice system. 1) Position Requirements - The PO will have at least 24 months of service to the Mendota Heights Police Department or possess special skills/training related to working with juveniles. - Will maintain regular communication with school and Dakota County Communication Center. - Uniform and/or plain clothes as situation at school dictates. - Continually works to improve knowledge related to juvenile justice issues. 2 MOU School District 197 SRO Will be reassigned as needed by the department when not under contract. Will continue to attend POST courses as needed to maintain license (will notify school in advance of absence). Will respond to emergencies as needed outside of school. - Will work with staff at all School District 197 schools. Reviewed and agreed upon 511 2013. Mike Aschenbrener Chief of Police q\PAA Dr Nancy n- as ro Superinten 3