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HomeMy WebLinkAboutSCHOOL POLICE AND RESOURCE OFFICER AGREEMENT 2020SCHOOL 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”), by and through its Board of Public Works and Safety. 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: 1. Recitals. The forgoing Recitals are incorporated herein by this reference. 2. Term. The term of this Agreement shall be for one (1) year, starting on January 1, 2020 and ending on December 31, 2020, 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 toward the services of School Resource Officers as agreed upon between the two parties. Payment of the consideration required by this Agreement shall be due within forty-five (45) days following School’s receipt of an itemized invoice for such services from City. 4. Law Enforcement Services. City will provide School with a number of School Resource Officers, agreed upon by both parties, to be available pursuant to the following terms and conditions: a. City will make its assigned School resource officer(s) available for duty at their assigned school locations (s) each day that School’s By Jon Oberlander at 12:30 pm, Jul 13, 2020 DocuSign Envelope ID: 983A2733-FB76-403C-9632-32509CF3D590 students are in session during the regular school year. These officers will be geographically restricted to their assigned School grounds except for the following: i. follow-up home visits when needed as a result of school- related student problems; ii. school-related off-campus activities when requested by School and approved by City; iii. in response to emergency police activities; and iv. to attend City Police Department training or other administrative duties. v. Other necessary temporary assignments as deemed necessary by the School resource officer’s City Police Department supervisor. b. When school is not in session, officers will conduct the following: i. Participate in relevant training for school safety, not limited to training provided by the Indiana School Resource Officers Association and National Association of School Resource Officers. ii. Joint facility and safety plan reviews with School personnel. iii. Conduct youth related programs. iv. Other necessary responsibilities as deemed necessary by Carmel Police Department. c. The assigned School resource officers shall be full-time and their weekly School schedule will be mutually agreed up on by City and School. While on duty, these officers shall maintain regular routine patrol and supervision duties within the School building(s) and School grounds to which they are assigned. d. The assigned School resource officers will follow department policy regarding uniform use. e. School will provide assigned School resource officer(s) with such office space and other resources as are reasonably necessary for them to carry out their assigned duties. f. On an annual basis, School will send School resource officer(s) to the NASRO National Conference and INSROA State Conference, and pay all reasonable expenses associated with their travel, lodging, conference fees, and meals related to conference attendance consistent with School policy. The number of officers attending these conferences will be agreed upon by the two parties. g. The School resource officers will gather information regarding potential problems, such as criminal activity, gang activity, student DocuSign Envelope ID: 983A2733-FB76-403C-9632-32509CF3D590 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. h. The School resource officer(s) will provide a program of law and education-related issues to the School community, including parents, on any law enforcement or safety-related topics. i. 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. j. The School resource officer(s) will provide and facilitate student mentoring in a non-adversarial capacity. k. The School resource officer(s) will provide informational in-services as a general resource for the School staff on issues related to overall safety. l. The School resource officers 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. School resource officers shall not disclose a child’s educational records obtained from School to a third party, other than another juvenile justice agency without the consent of the child’s parent or as otherwise permitted by law. m. All assigned officers will assist School officials in emergency response planning and review. n. 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. o. All assigned officers will refer students and/or their families to appropriate agencies for assistance when a need is determined. p. The School resource officer(s) shall be considered a “school official” when acting with the intent to promote a safe school environment by enforcing laws, school policies and all other rules and procedures of the school corporation. DocuSign Envelope ID: 983A2733-FB76-403C-9632-32509CF3D590 q. The School resource officer(s) 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) 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 department, including attendance at all mandated training and testing in order to maintain Indiana law enforcement officer certifications. 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. Assignment. 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 party’s respective policy is to contain, or be endorsed to contain, the following provisions: (i) a separate endorsement naming the other party to this Agreement as an additional insured with respect to liability or damages arising out of the services contracted for herein; (ii) state that the coverage is primary and that any coverage maintained by the other party to this Agreement shall be in excess of the policy and shall not contribute with it; and (iii) cross liability or severability of interests clauses. Each party will provide a copy of its insurance policy, upon request, to the other party. 8. Indemnification. Each party agrees to indemnify, defend, 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, DocuSign Envelope ID: 983A2733-FB76-403C-9632-32509CF3D590 demands, costs, or judgments, including the payment or reimbursement of legal fees, and litigation expenses, that arise out of the indemnifying party’s actions or inactions under or pursuant to this Agreement. Each party, as an indemnified party, shall have the right to accept or reject any legal representation the indemnifying party proposes to defend the indemnified party. 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 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. DocuSign Envelope ID: 983A2733-FB76-403C-9632-32509CF3D590 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives, and the same shall become effective according to its terms on and after the date on which it is last signed by a party hereto. Carmel Clay School Corporation (“School”) By: ____________________ Dr. Michael J. Beresford Superintendent Carmel Clay Schools Date: July 6, 2020 CITY OF CARMEL, INDIANA, by and through its Board of Public Works and Safety (“City”) Approved and Adopted this _______ day of ________________, 20____. BY: ________________________________________________ James Brainard, Presiding Officer Date: ___________________________________________ ________________________________________________ Mary Ann Burke, Member Date: ___________________________________________ ________________________________________________ Lori S. Watson, Member Date: ___________________________________________ ATTEST: ________________________________________________ Sue Wolfgang, Clerk Date: ___________________________________________ DocuSign Envelope ID: 983A2733-FB76-403C-9632-32509CF3D590 2015th 7/15/2020 July 7/15/2020 7/15/2020 7/15/2020