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HomeMy WebLinkAboutR-1370-9-95RESOLUTION NO. 1370-9-,95 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ALLEN INDEPENDENT SCHOOL DISTRICT (AISD) WHEREIN AISD WILL PAY ONE-HALF THE SALARY EXPENSES FOR POLICE OFFICERS ASSIGNED TO SCHOOLS IN A SCHOOL RESOURCE OFFICER PROGRAM, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen recognizes a need to provide police officers to work in certain school facilities under a structured program; and WHEREAS, the Allen Independent School District has indicated the need to have police officers assigned to their facilities under a structured School Resource Officer Program; and WHEREAS, upon full consideration of all matters in connection with the School Resource Officer Program, the City Council of the City of Allen is of the opinion that the program is in the best interest of the City of Allen and its citizens; and WHEREAS, the Allen Independent School District agrees to pay one-half of the salary expenses of the officers assigned to the School Resource Officer Program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: The City Council of the City of Allen, Texas hereby approves the City of Allen Police Department's participation in the School Resource Officer Program. SECTION 2: The City Council of the City of Allen, Texas hereby authorizes the City Manager to execute the contract associated with the School Resource Officer Program. SECTION 3: This resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 26th DAY OF SEPT IBER , 1995. APPROVED: �cQP Joe Farmer, MAYOR A'T'TEST: Ju Mor on, CMC, CITY SECRETARY PROFESSIONAL CONTRACT SERVICES RELATING TO A SCHOOL RESOURCE OFFICER PROGRAM BETWEEN THE CITY OF ALLEN AND THE ALLEN INDEPENDENT SCHOOL DISTRICT THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) THIS AGREEMENT, entered into this 26th day of Sept. 1995, by and between the CITY OF ALLEN (hereinafter called "CITY") and the ALLEN INDEPENDENT SCHOOL DISTRICT (hereinafter called "AISD"). WITNESSETH: That, WHEREAS, the City desires to enter into an agreement relating to providing certain police services to AISD in accordance with the program description and details entitled School Resource Officer Program (see Exhibit A). NOW, THEREFORE, the parties hereby do mutually agree as follows: I. Scope of contract: CITY shall provide two licensed police officers for the School Resource Officer Program in the 1995-1996 school year to be assigned to duties as described in Exhibit A at AISD. For the 1995-1996 school year, one officer will be assigned beginning in October and one officer beginning in January. Subsequent years will have two officers assigned throughout the year. II. Term of contract: The term of this contract shall be for a period of one year beginning October 1, 1995 and ending September 30, 1996. Subject to Section VI availability of funds, this contract may be renewed for subsequent fiscal years if AISD provides CITY with written intent of their desires to renew no later than June 15 preceding the fiscal year and if CITY provides AISD with written acceptance. Renewals of this contract shall be at the then current actual salary expenses for each officer. F_ — Payment for services: AISD shall pay CITY the sum of one-half of the salary expenses of each officer for the full term of this contract to be paid in twelve (12) monthly payments no later than the 15th day of each month following the month in which services is rendered. AISD shall not be relieved of its obligation to pay the entire amount described in this contract in the event that CITY exercises its right to temporarily reassign the resource officers when, in the sole judgement of CITY, their services are required in response to a citywide or major emergency, or in the event that the resource officer is absent due to sickness, training or court appearances. IV. CITY is and at all times shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which the officer is assigned to the School Resource Officer Program and the way CITY performs the services required by the terms of this Contract. Nothing herein shall be construed as creating the relationship of employer and employee, or principal and agent, between AISD and CITY or any of CITY's agents or employees. CITY assumes exclusive responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. CITY, its agents and employees, shall not be entitled to any rights or privileges of AISD employees and shall not be considered in any manner to be AISD employees. V. Insurance: CITY is insured, and upon request by AISD shall provide AISD documentation of its coverage, said coverage to meet the approval of AISD. CITY shall also provide, during the term of this contract, worker's compensation insurance, including liability coverage, in the amounts required by Texas state law, for any employee engaged in work under this contract. As to all insurance provided by CITY, it shall provide AISD with documentation upon request indicating such coverage prior to the beginning of any activities under this contract. VI. Availability of funds: Funds are not presently budgeted for performance under this contract beyond the end of the 1995-1996 fiscal year. AISD shall have no liability for payment of money for services performed after the end of any fiscal year unless and until such funds are budgeted and this contract renewed upon the terms and conditions set forth or renewal in Section II. VII. Termination: This contract may be terminated by either party at its sole option and without prejudice by giving one hundred eighty (180) days written notice of termination to the other party. Upon termination of this contract, the CITY will assume any and all fiscal responsibilities for each officer. VIII. Assignment of contract: Neither party shall assign, transfer, or sub -contract any of its rights, burdens, duties or obligations under this contract without the prior written permission of the other party to this contract. IX. Waiver: No waiver of a breach or any provision of this contract by either party shall constitute a waiver of any subsequent breach of such provision. Failure of either party to enforce at any time, or from time to time, any provisions of this contract shall not be construed as a waiver thereof. X. Place of performance; venue: All obligations of each party to this contract shall be performed in Collin County, Texas. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this contract, and the exclusive venue for any legal proceedings involving this contract shall be Collin County, Texas. XI. Notices: Notices to AISD shall be deemed given when delivered in person to the Superintendent of Schools of AISD, or on the next business day after the mailing of said notice addressed to said AISD by United States mail certified or registered mail, return receipt requested, and postage paid at P. O. Box 13, Allen, Texas 75002. Notices to CITY shall be deemed given when delivered in person to the City Manager or on the next business day after the mailing of said notice addressed to said CITY by United States mail, certified or registered mail, return receipt requested, and postage paid at Number One Butler Circle, Allen, Texas 75013. SCHOOL RESOURCE OFFICER PROGRAM "Exhibit A" PURPOSE The primary purpose of the School Resource Officer (SRO) Program is the reduction and prevention of crime committed by juveniles and young adults. This is accomplished by assigning patrol officers to school facilities on a permanent basis. The SRO Program accomplishes this purpose by achieving the established goals and objectives. Goals and objectives are designed to develop and enhance rapport between youth, police officers and school administrators. Officers who are chosen for this program are responsible for establishing the communication links and creating a free flow of information between all parties involved. GOALS 1. Reduction of criminal offenses committed by juveniles and young adults. 2. Establish rapport with the students. 3. Establish rapport with the parents, faculty, staff, administrators and other adults. 4. Create programs which benefit the students, school district and police. 5. Create a positive role model for students and adults. 6. Provide safety for students, faculty, staff and all persons involved with the school district. ORGANIZATIONAL STRUCTURE A uniformed police officer will be assigned to Curtis Middle School and Ford Middle School. SROs are a police officer first, employed by this department and responsible for carrying out all duties and responsibilities as a police officer. SROs must realize that they are enforcement officers in regard to criminal matters, even though the expectations towards counseling and education are more formally established in this setting. SROs are not school disciplinarians and should not assume this role. School Resource Officers report directly to Police Administration concerning all matters pertinent to their position and function. SROs will not involve themselves in administrative personnel matters of the Allen Independent School District which are not criminal offenses. Selection When an SRO position becomes available, notice will be made to all sworn employees through regular postings. Applicants should have at least two years experience with the Allen Police Department or a combination of at least four years police experience. Interested officers should indicate such by sending a memo to Administration. The SRO will be interviewed by an interview panel consisting of three police department employees and two school district employees with final approval being made by the Chief of Police. SRO assignments will be made for a school year with an annual review. Selection criteria will include but will not be limited to: . Oral presentation . Performance reports . Experience . Interpersonal skills Duties and Responsibilities Basic responsibilities of the SROs will include but will not be limited to: . Provide information concerning questions about law enforcement topics to students and staff. . Provide classroom instruction. . Coordinate investigative procedures between police and school administrators. . Provide limited counseling to students with personal problems. . Counsel with parents and staff as necessary. . Handle initial police reports of crimes committed on campus. . Take enforcement action when appropriate. . Wear police uniform at all times or as instructed. . When practical attend all school special events. . When possible and practical, divert juveniles out of the criminal justice system into other social agencies. . Provide instructional teaching services in the area of narcotics, safety, public relations, occupational training and leadership and life skills. . Prepare lesson plans as necessary for the presentation of approved topics. School District Responsibilities . Provide access and encourage classroom participation by SROs. Provide space for SROs to work and counsel with students and parents. . Provide the opportunity for SROs to address teachers and administrators about the SRO Program, goals and objectives. . Seek input from the SROs regarding criminal justice problems relating to students. Student Consultation SROs are not intended to replace any school counselor nor are they to conduct or offer any formal psychological counseling. SROs will advise students on responsibilities and procedures concerning criminal matters. SROs will give advice to help resolve issues between students that involve matters that may result in criminal violations, disturbances or disruptions. Student confidentiality should be maintained unless the gravity of the situation dictates otherwise. SROs should not go to the homes of students except in actual emergencies or conditions that warrant such a visit, all of which should be reported to the department as soon as practical. Enforcement Although the SROs have been placed in a formal education environment, they are not relieved of the official duties as an enforcement officer. Decisions to intervene normally will be made when it is necessary to prevent violence, a breach of the peace, personal injury or loss of property. Citations should be issued and arrest made when appropriate and under department policy. when immediate action is needed and an SRO is not available, another officer may be dispatched to the school. SROs should investigate and prepare committed at the schools. Other summoned as the SROs deem necessary. Scheduling reports on all minor offenses department personnel may be Hours - Normally the SRO will work school hours Monday through Friday. However, there may be occasions when this schedule is altered because of court appearances, training and special assignments. SROs are still considered a non-exempt employee under the Fair Labor Standards Act and is subject to its provisions as well as department and city policy relating to overtime. All overtime requests will be reviewed and approved by Police Administration. Holidays and vacation - SROs will accrue holidays and vacation at the rate allowed by City policy. However, they may be scheduled to coincide with school holidays or when schools are closed. SRO training should be accomplished during these periods or during the summer when school is not in session. Substitution - Substitution for the SRO by another officer will only be considered through a request to Police Administration and only on the joint approval of Police Administration and the school district. Typically, this will only be considered for an extended leave. Reporting Procedures Activity Report - SROs will develop an activity report to be approved by Police Administration and will be submitted to Police Administration and the school district weekly while school is in session. The report will include, but will not be limited to, counseling sessions with students, faculty, etc., referrals, criminal offenses investigated, classroom sessions, special events attended and any other pertinent information. Additionally, a semester report will be submitted summarizing all accumulated data. In addition, where possible, advance schedules,of SROs activities will be submitted to Police Administration. Summer Activity SROs should accomplish as much of the required training as possible during the summer months when school is not in session. SROs may still be involved in some summer projects with the school district. However, they will probably spend the majority of this time on police department assignments. XII. Severability Provisions: If any provisions of this contract are held to be illegal, invalid or unenforceable under present or future laws, (1) such provision shall be fully severable; (2) this contract shall be construed and enforced as if such illegal, invalid or unenforceable provisions had never been a part of this contract; and (3) the remaining provisions of this contract shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this contract. XIII. Entire Contract of Parties: This contract and any exhibits shall be binding upon the parties hereto, their successors and assigns, and constitutes the entire agreement between the parties. No other agreements, oral or written, pertaining to the performance of the contract exists between the parties. This contract can be modified only by an agreement in writing, signed by both parties. IN WITNESS WHEREOF, the parties have executed this contract in the year and day first above written. Attest: City Allen By; J Mc arty, City Man er By: &Oy'-� Barbara Erwin, Superintendent Allen Independent School District RESOLUTION NO. 1370-9--95 (E) I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, j COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ALLEN INDEPENDENT SCHOOL DISTRICT (AISD) WHEREIN AISD WILL PAY ONE-HALF THE SALARY EXPENSES FOR POLICE OFFICERS ASSIGNED TO SCHOOLS IN A SCHOOL RESOURCE OFFICER PROGRAM, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen recognizes a need to provide police officers to -work in certain school facilities under a structured program; and WHEREAS, the Allen Independent School District has indicated the need to have police officers assigned to their facilities under a structured School Resource Officer Program; and WHEREAS, upon full consideration of all matters in connection with the School Resource Officer Program, the City Council of the City of Allen is of the opinion that the program is in the best interest of the City of Allen and its citizens; and WHEREAS, the Allen Independent School District agrees to pay one-half of the salary expenses of the officers assigned to the School Resource Officer Program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: The City Council of the City of Allen, Texas' hereby approves the City of Allen Police Department's participation in the School Resource Officer Program. SECTION 2: The City Council of the City of Allen, Texas hereby authorizes the City Manager to execute the contract associated with the School Resource Officer Program. SECTION 3: This resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 26th DAY OF SEPMIBER —11995. APPROVED: r Joe Farmer, MAYOR ATTEST: JU6/Moridon, CMC, CITY SECRETARY