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HomeMy WebLinkAboutCarmel Clay School/Police/School Resource OfficerSCHOOL POLICE AND RESOURCE OFFICER AGREEMENT This School Police and Resource Officer Agreement ( "Agreement ") is hereby entered into by and between the Carmel Clay School Corporation ( "School'), an Indiana public school corporation, and the City of Carmel, Indiana, a municipal corporation ("City "). School and City agree to the following, which forms the basis for this Agreement: RECITALS A. City desires to provide to School the law enforcement services specified herein; B. School desires to contract with the City for the law enforcement services specified herein; and C. School and City now enter into this Agreement to establish the terms and conditions pursuant to which the City will provide law enforcement services to the School. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, School and City agree as follows: RECITALS 1. Recitals. The forgoing Recitals are incorporated herein by this reference. 2. Term. The term of this Agreement shall be for one (I) year, starting on January 1, 2014 and ending on December 31, 2014, inclusive. Notwithstanding the above, this Agreement may be terminated, without cause, by either party upon thirty (30) days prior written notice to the other. Unless so terminated, this Agreement shall automatically renew from - calendar year to calendar year. 3. Consideration. School shall pay City One Hundred Seventy -Five Thousand Eighty -Five Dollars and Eighty -Eight Cents (S 175,085.88) for two (2) School police officers and one or more School resource officer(s) for the initial term of this Agreement. This consideration amount may thereafter be raised or lowered by the City to address the current cost of providing such law enforcement personnel to the School. Notice of any change in the consideration amount to be paid under and pursuant to this Agreement shall be provided by the City to the School by no later than November 1 of the calendar year immediately preceding the year for which the new consideration amount shall take effect. Payment of the consideration required .by this Agreement shall be made in two equal installments, the same being due on or before August 31, and Decetnber 31, respectively, of the applicable calendar year. School will not be responsible for the payment of overtime for any School police officer provided pursuant to this Agreement unless overtime work is specifically requested by the School. In this regard, School police officers may be assigned to an afternoon or evening School event in lieu of reporting for work at their regular assigned duty hours without such action causing School to incur additional payment obligations. Payment from School to City shall be due upon School's receipt of an itemized invoice for such services from City. 4. Law Enforcement Services. City will provide School with one or more School resource officers to be available at the School's high schools and middle schools, and two (2) uniformed School police officers to be available at the School's high school, pursuant to the following terms and conditions: a) City will make its assigned School resource officer(s) and School police officers available for duty at their assigned school location(s) each day that School's students are in session during the regular school year. These officers will be geographically restricted to their assigned School grounds except for the following: o follow -up home visits when needed as a result of school - related student problems; o school - related off - campus activities when requested by School and approved by City; o in response to emergency police activities; and o to attend City Police Department training or other administrative duties. b) The assigned School police officers shall be full -time and their weekly School schedule will be mutually agreed upon by City and School. While on duty, these officers shall maintain regular routine patrol and supervision duties within the School building and School grounds to which they are assigned. c) The assigned School police officers will be in law enforcement uniform while on duty. d) School will provide assigned School resource officer(s) and School police officers with such office space and other resources as are reasonably necessary for them to carry out their assigned duties. e) On an annual basis, School will send the School resource officer(s) to the NASRO Conference, and pay all expenses associated with their travel; lodging, conference fees, and meals related to conference attendance. f) The School police officers will gather information regarding potential problems, such as criminal activity, gang activity, student unrest, and the identities of particular individuals who may be a disruptive influence to School and /or students. Based on this information they will work with School personnel to provide law enforcement resources and responses regarding on- campus or School - related criminal activity. g) The School resource officer(s) will provide a program of law and education- related issues w the School community, including parents, on any law enforcement or safety- related topics. h) The School resource officer(s) will work with School officials to provide law enforcement education to staff and students on topics agreed upon by the parties. i) The School resource officers) will provide and facilitate student mentoring in a non - adversarial capacity. .I) The School resource officer(s) will provide informational in- services as a general resource for the School staff on issues related to drugs, alcohol, violence prevention, gangs, safety, and security. k) The School police officers will serve on their assigned School's administrative team and act as communication liaisons between School and City's police department. As communication liaisons, they will provide basic information concerning students on School campus(es) served by the officers as permitted by law and School's polices and guidelines. I) All assigned officers will assist School officials in emergency response planning and review. in) When criminal activity is suspected, all assigned officers will take appropriate steps consistent with law and City police department regulations. Unless circumstances or legal duties prevent it, the officers will advise School administration prior to taking legal action. n) All assigned officers will refer students and /or their families to appropriate agencies for assistance when a need is determined. o) The assigned officers shall neither act as school disciplinarians nor make recommendations regarding school discipline. This Agreement does not alter the relationship or duties of the assigned officers or the City beyond the general duties that exist for law enforcement officers within the state of Indiana. "Therefore, the assigned officers will not be required to perform any regular lunchroom duties, will not serve as hall monitors or bus monitors, and will not be assigned any supervisory duties typically associated with school administration. If there is an unusual /temporary problem in one of these areas, the officers may, in their sole discretion or pursuant to an order from their supervisory officer, assist School employees until the problem is resolved or other assistance arrives. 5. Business Relationship. School and City enter into this Agreement for contractual law enforcement services only. All School resource officer(s) and School police officers are City employees and are subject to City control and supervision. In this regard, these officers must follow the current operating procedures, rules, and regulations of the City police deparunent, including attendance at all mandated training and testing in order to maintain Indiana law enforcement officer certification. These officers are not School employees. Therefore, their relationship is neither a partnership nor joint venture, and the parties hereto shall not make representations to third parties that they are in a partnership or joint venture. 6. Assienment. Except as otherwise provided by this Agreement, neither party hereto may transfer or assign this Agreement without the prior written consent of the other party. 7. Insurance Coverage. Unless a party hereto certifies that it is self- insured and provides reasonable assurances as to its ability to provide such self- insurance, each party shall maintain comprehensive general liability insurance during the term of this Agreement. Each parry will provide a copy of its insurance policy, upon request, to the other party. 8. Indemnification. Each party agrees to indemnify and hold harmless the other party, as well as its officials, officers, agents, employees, assignees, attorneys and volunteers, from any liability, loss, injury, or damage to person or property (including death) that each may suffer as a result of claims, demands, costs, or judgments, including legal fees, that arise out of the indemnifying party's actions or inactions under or pursuant to this Agreement. 9. Legal Fees. In the event a lawsuit or other action is brought by either party hereto to clarify or enforce any of this Agreement's terms, each party thereto shall bear its own expenses, including legal fees and costs. 10. No Third Party Beneficiaries. By entering into this Agreement, the parties do not intend to confer a benefit on a third party, except as expressly set forth herein. 11. Applicable Law. This Agreement shall be interpreted, construed, and enforced pursuant to, and in accordance with, Indiana law. The parties consent. to venue in Hamilton County, Indiana. 12. Entire Agreement. This Agreement constitutes the entire agreement between School and City regarding the subject matter thereof, and supersedes all prior negotiations, agreements or representations, whether oral or written, and specifically any prior Memoranda of Understanding, related to School police or School resource officers. 13. Amendments. This Agreement may be amended or modified only through a written document signed by both School and City. 14. Waivers. The waiver by either party of any breach or other violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement. 15. Duty to Cure. If any provision of this Agreement, or the application of such provision to any person or circumstances, is deemed invalid by a court of competent jurisdiction, then the parties hereto shall negotiate in good faith an amended agreement to cure such invalidity. In the event an amended agreement is not reached, the remainder of this Agreement, or the application of such provision to person or circumstances other than those as to which it is held invalid, shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives, and the sane shall become effective according to its terms on and after the date on whic ' ast signed by a party hereto. poration ( "School ") 4 1 Carmel Clay School Cor By: Printed: Title: Date: Roger McMichael Assistant Superintendent Ibr Business Affairs CITY OF CARREL, INDIANA, by and through its Board of Public Works and Safety ( "City ") Approved and Adopted this day of j 9 N.S1-La'T , 20 B Y: ze___LC2 Jamefi3rainard, Presiding Officer Date Mary Ann B�(rke 4ember Date: Lori \Vatsou, Member Date: e/a0 //y D _ a Cordray, IMO Date: RESOLUTION NO. BPW- 08- 20 -14 -09 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT WHEREAS, pursuant to Indiana Code 36- 1-4 -7, the City of Carmel. Indiana ( "City "), is authorized to enter into contracts: and WHEREAS, pursuant to Indiana Code 36- 4 -5 -3. the City's mayor may enter into contracts on behalf of the City: and WHEREAS. pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard. has caused to be signed the City contract attached hereto as Exhibit A (the `Contract "); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk- Treasurer's Office, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk- Treasurer and thereafter made available to the public for review. SO RESOLVED this Ao day of CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Ines Brainard, Presiding Officei Date: Mary An Date: Lori S. Watsr6n, Member Date: v n /.A0 / /'f ATTEST: Di a ordray, IMCA, ' erk- Treasurer D< te: C:W sets\ abennet114ppDala \IccaMAcrosoI\Wlndows \Tempdary Inlemet Files\ConlenI ttook\VAQ3KM5 \Ac knowledge School Poke I nterlocal.d«nq/2014840 AM