Carmel Clay Schools/City of CarmelAPPROYM AS TO FORM BY
SCHOOL RESOURCE OFFICER AGREEMENT
This School Resource Officer Agreement ("Agreement"), dated
9,3'os' ("Effective Date"), is by and between Carmel Clay Schools
("School"), an Indiana public school corporation, and City of Carmel ("City").
School and City agree as to the following, which forms the basis for this
Agreement:
A. City desires to provide, School law enforcement services as specified
herein;
B. School desires to contract with City to obtain law enforcement services
from City; and
C. School and City enter into this Agreement to set forth the terms and
conditions pursuant to which City will provide to School law enforcement
services.
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the mutual covenants set forth below, and other good and valuable
consideration, the receipt and sufficiently of which are hereby acknowledged,
School and City agree as follows:
1. Term. The term of this Agreement shall be for'one (1) year: starting July
1 2008, and ending June 30, 2009. This Agreement, however, may be
terminated without cause by either party upon thirty (30) days prior written
notice. In addition, this Agreement will automatically renew from year to year
unless one of the parties provides prior written notice to the other party.
2. Consideration. School shall pay City $84,136.30 per School Police
Officer for the first year of the contract. Payment shall be made twice a
year, August I and January 1. School will not be responsible for payment of
overtime, unless it is requested by the School. The SROs/SPOs, however, may
be assigned to an afternoon or evening event in lieu of their regular duty
without additional payment by School. Each party will maintain a budget for
expenditures under this Agreement. Said budgets will be disclosed to the other
party upon request. The total cost for the two SPO's will be reviewed annually
by both parties. Payment from the School to City is due upon School's receipt
of an itemized statement of cost from the City.
3. Law Enforcement Services. City will provide School with school
resource officers ("SROs") at the high school and middle schools, and two
uniformed school police officers ("SPOs") at the high school, pursuant to the
following terms and conditions:
a) The City will make available SROs/SPOs for duty at their assigned
school each day that School's students are in session during the
regular school year. The SROs/SPOs shall perform regular police
duties as determined by the City's Chief of Police during days that
School's students are not in session. The SROs/SPOs 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 SRO/SPO
participation is requested by the School and approved by
the City;
o in response:to emergency police activities;' and
o to attend City's Police Departmental training or other
administrative duties.
b) The assigned SROs/SPOs will be full-time and their weekly School
schedule will be mutually agreed upon in consultation with the
School's officials. While on duty, the SROs/SPOs shall maintain
regular routine patrol and supervision duties within the building.
c) The assigned SPOs will be in law enforcement uniform while on
duty.
d) The School will provide the SROs/SPOs office space and other
reasonable resources as necessary to carry out their duties at
their assigned schools. The School will send all the SROs to the
yearly NASRO Conference, to include all expenses associated with
travel, lodging, conference fees, and meals related to the
conference.
e) The assigned SROs/SPOs 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 the school and/or students. Based on the
information gathered, the SROs/SPOs will work with School's
personnel in providing law enforcement resources and responses
regarding on-campus or school related criminal activity.
f) The assigned_ SROs/SPOs will provide a program of law and
education-related issues to the school community, including
parents, on any law enforcement or safety related topics.
g) The SROs/SPOs will work with School's officials to provide law
enforcement education to staff and students on topics agreed
upon by the parties.
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h) The SROs/SPOs will' provide and facilitate -student smentoring in a
non-adversarial capacity.
i) The SROs/SPOs will provide, informational, in-services as a general
resource for the staff, on issues ielafed'to drugs, alcohol, violence
prevention,.gangs. safety and security.
j) The SROs/.SPOs wilt serve on the assigned school's,administrative
team as communication liaisons between the School and City's
Police Department: As communication liaisons; the SROs/SPOs'
will' provide' basic inforriiation concerning students on campuses
served by the officer as permitted by-law and School's policies and
guidelines.
k) All assigned SROs/SPOs will assist School officials-in emergency
response. planningland review.
1) When criminal activity is suspected, the SRO/SPOs Will take
appropriate steps consistent with Indiana law and departmental
regulations. Unless circumstances or legal duties present it, the
SROs-/SPOs will advise school administration prior to taking legal
action.
m) The SROs/SPOs will refer students and/or their families to the
appropriate,_agencies for assistance when, a need is determined.
n) The SROs/SPOs shall neither act as school disciplinarians nor
make "recommendations, regarding school discipline. In addition,
this Agreement does not alter the relationship or duties for the
assigned police officers or :the City beyond the general duties thai
exist for la?v enforcement officers 'within, the state- of Indiana.
Therefore, SROs/SPOs will not be assigned- 'regular lunchroom
duties, as hall. monitors;, bus monitor duties, or other assigned
supervision,duties .typically associated with school. administration.
If there is an unusual/ temporary problem in, one of these areasi
the SROs/SPOs may, in their sole discretion or pursuant to an
order from a supervisory officer, assist School's, employees 'until
the problem is solved.
4. Business Reiationshii , School and City enter into this Agreement
for contractual law enforcement services, The SROs are employees for the City
and they are subject to the City's control and' supervision. The --SROs/SPOs
must; follow the current operating prgced,ures, rules, and regulation of the
City's Police Bepartmenti, including attendance at all mandated training` and
testing to maintain state law enforcement officer certification. Furthermore, the
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SROs/SPOs are not employees of the School. Therefore, their relationship is
neither a partnership nor joint venture and the parties shall not make
representations to third parties that they are in a partnership or joint venture.
5. Assignment. Except as otherwise provided within this Agreement,
neither party hereto may transfer or assign this Agreement without prior
written consent of the other party.
6. Insurance Coverage. Unless a party 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 will provide a copy of the
insurance policy upon request of the other party.
7. Indemnification. Each party agrees to indemnify and hold the other
party, its officers, agents, employees, assignees, and other vendors harmless
from any liability, loss or damage each may suffer as a result of claims,
demands, costs or judgments, including legal fees, against each of them arising
out of the duties and obligations pursuant to this Agreement.
8. Legal Fees. In the event an arbitration, suit or action is brought by
any party under this Agreement to enforce any of its terms, or in any appeal
therefrom, it is agreed that each party shall bear their own expenses, including
legal fees.
9. No Third Party Beneficiaries. By entering into this Agreement, the
parties do not intend to confer a benefit on a third party. Rather, it is the
exclusive intention of the parties for the Agreement to benefit only the parties
to this agreement. Therefore, the parties shall not communicate to any person
or entity that this Agreement benefits any person or entity other than the
parities.
10. Applicable Law. This Agreement shall be interpreted, construed,
and enforced pursuant to, and in accordance with Indiana law. Further, the
parties consent to venue in Hamilton County, Indiana.
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11. Entire Agreement. This Agreement. constitutes the entire agreement
between School and City-and supersedes any prior negotiations, agreements or
representations, whether oral or written, specifically any prior Memorandum of
Understanding related to School Resource Officers.
12. Amendments. This Agreement may be amended or modified only by
a written document signed by both School and City.
13. Waivers. The waiver by either party of a 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.
14. Duty to Cure. If any provision of this agreement, or the application
of such provision to any person or circumstances, is deemed invalid, then the
parties shall negotiate an amended agreement to cure such invalidity and, after
an agreement to the amended contract, this Agreement shall be deemed
invalid. 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 as of the date first set
forth above.
SCHOOL
By: 1?'L? By:
Printed: Stephen A. Backer Printe
Title: School Board President Title:
Date: July 21, 2008 Date:
CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety:
L?
Lori Wats n, Member
Date:
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BY:
es Brainard, Presiding Officer