Loading...
Tigard-Tualatin School District No. 23J ~ IG214006 ~ Intergovernmental Agreement Between City Of Tigard And Tigard Tualatin School District NO. 23J Amendment to Intergovernmental Agreement Between City of Tigard and Tigard-Tualatin School District 23J This Amendment is entered into by the City of Tigard ("City") and Tigard-Tualatin School District No. 23J ("District ") and amends the Intergovernmental Agreement for School Resource Officers, dated 04/18/2021 ("IGA"). A. Exhibit B, Compensation is hereby amended to add the following section: 3. The District shall reimburse the City for 100%of compensation and related payroll costs attributed to overtime paid to uniformed personnel attending District events such as board meetings on an on-call basis, in order to enhance public safety. The City shall itemize the overtime under this Amendment separately on the monthly invoice addressed in Section "4" of the IGA. Fulfilment of overtime requests from the District are subject to officer availability at the City's discretion. B. All other terms and conditions of the IGA remain in full force and effect. C. This Amendment is effective August 1, 2021. SW­ City of Tigard Tigard-Tualatin School District No. 23J Signature: Stg Signature: � Fv o, Title: Title: SUPERINTENDENT Date: Date: 08/23/2021 INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND TIGARD-TUALATIN SCHOOL DISTRICT NO. 23J THIS AGREEMENT (this "Agreement") is entered into and between the City of Tigard ("City"), an Oregon municipal corporation, and Tigard—Tualatin School District No. 23J ("District"), a public school district in the State of Oregon, collectively referred to as the "Parties" and each a"Party." RECITALS Oregon Revised Statutes ("ORS") 190.010 confers authority upon local governments to enter into agreements for the performance of any functions and activities that a party to the agreement, its officers or agencies have authority to perform. The District has requested, and the City has agreed, that the City provide police officers ("Officer")who will act as school resource officers ("SRO"). SROs fulfill a vital role in promoting communication and cooperation between the school district and law enforcement to support safe school communities and contribute to the learning process. In consideration of the mutual promises set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: TERMS 1. Term. This Agreement shall be effective upon execution by both Parties and shall expire on June 30, 2022 unless terminated earlier as provided in this Agreement. 2. Scope of Work. The City agrees to provide the services ("Work") further identified in the Scope of Work and Additional Terms and Conditions, attached hereto as Exhibit A and incorporated herein. Parties will meet prior to the start of each school year to discuss anticipated needs, within the Scope of Work, in the upcoming school year. 3. Consideration. The District agrees to pay City, from available and authorized funds, the amount set forth on the schedule attached hereto as Exhibit B for accomplishing the Work required by this Agreement. 4. Payment. Unless otherwise specified, the City shall submit monthly invoices. Invoices will include payroll expenses for the most Senior SRO during the specified time period. The District shall pay the City following the District's review and approval of the invoice. City shall not submit invoices for, and the District will not pay, any amount in excess of the maximum compensation amount set forth in Exhibit B. -1- 5. Representations and Warranties. A. District Representations and Warranties. District represents and warrants to City that District has the power and authority to enter into and perform this Agreement, and this Agreement, when executed and delivered, shall be a valid and binding obligation of District enforceable in accordance with its terms. B. City Representations and Warranties. City represents and warrants to District that City has the power and authority to enter into and perform this Agreement, and this Agreement, when executed and delivered, shall be a valid and binding obligation of City enforceable in accordance with its terms. C. The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided. 6. Termination. A. Either the City or the District may terminate this Agreement at any time upon 30 days'written notice to the other Party. B. Either the City or the District may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination however, the Party seeking the termination shall give the other Party written notice of the breach and of the Party's intent to terminate. If, in the non-breaching Party's sole discretion, the breaching Party has not entirely cured the breach within 15 days of delivery of the notice to the breaching Party, then the Party giving notice may terminate the Agreement at any time thereafter by giving written notice of termination stating the effective date of the termination. C. The City or the District shall not be deemed to have waived any breach of this Agreement by the other Party except by an express waiver in writing. An express written waiver as to one breach shall not be deemed a waiver of any other breach not expressly identified, even though the other breach is of the same nature as that waived. D. Either Party may terminate this Agreement in the event it fails to receive expenditure authority sufficient to allow the Party, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement, or if federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the Work to be performed under this Agreement is prohibited or the Party is prohibited from paying for such Work from the planned funding source. E. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 7. Indemnification. Subject to the limits of the Oregon Constitution and the Oregon Tort Claims Act or successor statute, the City agrees to indemnify, save harmless and defend the District, its officers, elected officials, agents and employees from and against all costs, losses, damages, claims or actions and all expenses incidental to the investigation and defense thereof arising out of or based upon damages or injuries to persons or property caused by negligent acts -2- of or omissions or willful misconduct of the City or its officers, elected officials, owners, employees, agents, or its subcontractors or anyone over which the City has a right to control. Subject to the limits of the Oregon Constitution and the Oregon Tort Claims Act or successor statute, the District agrees to indemnify, save harmless and defend the City, its officers, elected officials, agents and employees from and against all costs, losses, damages, claims or actions and all expenses incidental to the investigation and defense thereof arising out of or based upon damages or injuries to persons or property caused by the negligent or willful acts of the District or its officers, elected officials, owners, employees, agents, or its subcontractors or anyone over which the District controls. If any third parry makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter denied in ORS 30.260 ("Third Party Claim") against City or District with respect to which the other Parry may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Parry Claim. However, neither District nor any attorney engaged by District shall defend the claim in the name of City or any department of City, nor purport to act as legal representative of City or any of its departments, without first receiving from the Tigard City Attorney's Office authority to act as legal counsel for City, nor shall District settle any claim on behalf of City without the approval of the Tigard City Attorney's Office. City may, at its election and expense, assume its own defense and settlement. Similarly, neither City nor any attorney engaged by City shall defend the claim in the name of Distract or any department of the District, nor purport to act as legal representative of District or any of its departments, without first receiving from the District's legal counsel authority to act as legal counsel for District, nor shall City settle any claim on behalf of District without the approval of the District's legal counsel. District may, at its election and expense, assume its own defense and settlement. 8. Insurance. City shall maintain the following insurance coverage(s) (or equivalent self- insurance coverage), as applicable, for the term of the Agreement: A. Workers' Compensation. As required by ORS 656.017, subject employers shall provide workers' compensation coverage in accordance with ORS Chapter 656 for all subject workers. City and all subcontractors of City with one or more employees shall have this insurance unless exempt under ORS 656.027. Agencies that are statutory subject employers shall submit a certificate of insurance to District showing proof of coverage. B. General Liability. City shall maintain general liability insurance coverage of at least $2,000,000 for each claim, incident, or occurrence, and at least$3,000,000 annual aggregate coverage. C. Motor Vehicle Liability. If City is providing services that require City to transport District personnel, students, or property, then in addition to any legally required insurance coverage, City shall maintain motor vehicle liability insurance of at least $1,000,000 for each claim, incident, or occurrence. -3- D. Additional Requirements. All insurance coverage shall be provided by an insurance company having an A.M. Best rating of at least A-that is licensed to do business in Oregon or equivalent self-insured coverage. City alone is responsible for paying all deductibles and retention. City's coverage shall be primary in the event of loss. E. Certificate of Insurance. Upon District request, City shall furnish to District a current certificate of insurance for each of the above coverages within 5 business days of District request. Each certificate must provide that there shall be no cancellation, termination, material change, or reduction of limits of the insurance coverage without 30 days prior written notice from City or its insurer to District. Each certificate shall also state the relevant deductible or retention level. For general liability coverage, the certificate shall also provide that District, its agents, officers, and employees are additional insureds with respect to City's services provided under this Contract. If requested by District, City shall also provide complete copies of insurance policies to District. F. Self-Insured Agencies. If City is self-insured in full or in part, City shall submit proof of self-insurance coverage equal to or better than the insurance coverages required in this section. 9. Notices, Contacts. Legal notice provided under this Agreement shall be delivered personally,by email or by certified mail to the individuals identified below. Any communication or notice so addressed and mailed shall be deemed to be given upon receipt. Any communication or notice sent by electronic mail to an address indicated herein is deemed to be received two hours after the time sent (as recorded on the device from which the sender sent the email), unless the sender receives an automated message or other indication that the email has not been delivered. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. Either Party may change the Party contact information, or the invoice or payment addresses by giving prior written notice thereof to the other Party at its then current notice address. The City: City of Tigard Attn: Chief of Police 13125 SW Hall Blvd. Tigard, OR 97223 kathy.mcalpine&ti arg d_or•gov The District: Tigard-Tualatin School District Attn: Superintendent 6960 SW Sandburg St. Tigard, OR 97223 sriekesmith(cr�,ttsd.k 12.or.us -4- 10. Control of Personnel. The City is the SRO's sole employer. Control of personnel, supervision, standards of performance, discipline, and all other aspects of performance shall be governed entirely by the City. Allegations of misconduct shall be investigated in accordance with City's Policy and Procedures. The City will be responsible for liabilities for salaries, wages, any other compensation or benefits, injury, or sickness arising from performance of the law enforcement services provided by the SRO. 11. General Provisions. A. Oregon Law and Forum. This Agreement, and all rights, obligations, and disputes arising out of it will be governed by and construed in accordance with the laws of the State of Oregon and the ordinances of the City without giving effect to the conflict of law provisions thereof. Any claim between City and District that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Washington County for the State of Oregon; provided, however, if a claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this section be construed as a waiver by the City or the District of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. . B. Compliance with Applicable Law. Both Parties shall comply with all applicable local, state and federal ordinances, statutes, laws and regulations. All provisions of law required to be a part of this Agreement, whether listed or otherwise, are hereby integrated and adopted herein. Failure to comply with such obligations is a material breach of this Agreement. C. Non-Exclusive Rights and Remedies. Except as otherwise expressly provided herein, the rights and remedies expressly afforded under the provisions of this Agreement shall not be deemed exclusive and shall be in addition to and cumulative with any and all rights and remedies otherwise available at law or in equity. The exercise by either Party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other remedies for the same default or breach, or for any other default or breach, by the other Party. D. Access to Records. District and City shall retain, maintain, and keep accessible all records relevant to this Agreement("Records") for a minimum of six years, following Agreement termination or full performance or any longer period as may be required by applicable law, or until the conclusion of an audit, controversy or litigation arising out of or related to this Agreement, whichever is later. District and City shall maintain all financial records in accordance with generally accepted accounting principles. District and City shall maintain other Records to the extent necessary to reflect actions taken and consistent with the applicable public records retention requirement. Subject to any requirements or limitations as described in Section I LP of this Agreement, during this record retention period, District shall permit the City's authorized representatives' access to the Records at reasonable times and places for purposes of examining and copying. During this record retention period, City shall permit the District's authorized representatives' access to the Records at reasonable times and places for purposes of examining and copying. For purposes of this Agreement, Records do not include student records. -5- E. Debt Limitation. This Agreement is expressly subject to the limitations of the Oregon Constitution and Oregon Tort Claims Act and is contingent upon appropriation of funds. Any provisions herein that conflict with the above referenced laws are deemed inoperative to that extent. F. Severability. If any provision of this Agreement is found to be unconstitutional, illegal or unenforceable, this Agreement nevertheless shall remain in full force and effect and the offending provision shall be stricken. The Court or other authorized body finding such provision unconstitutional, illegal or unenforceable shall construe this Agreement without such provision to give effect to the maximum extent possible the intentions of the Parties. G. Integration, Amendment and Waiver. Except as otherwise set forth herein, this Agreement constitutes the entire agreement between the Parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver by such Party of that or any other provision. H. Interpretation. The titles of the sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. I. Independent Contractor. Nothing herein is intended, nor shall it be construed, to create between the Parties any relationship of principal and agent, partnership,joint venture,joint employer or any similar relationship, and each Party hereby specifically disclaims any such relationship. J. No Third-Party BeneficiM. District and City are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. K. Counterparts. This Agreement may be executed in several counterparts (electronic or otherwise), each of which shall be an original, all of which shall constitute the same instrument. L. Survival. All provisions in Sections 5, 7, and 11 (A), (C), (D), (E), (F), (G), (I), (J), (L), (P), and(Q) shall survive the termination of this Agreement, together with all other rights and obligations herein which by their context are intended to survive. M. Necessary Acts. Each Party shall execute and deliver to the others all such further instruments and documents as may be reasonably necessary to carry out this Agreement. -6- N. Time Is of the Essence. District agrees that time is of the essence in the performance this Agreement. O. Force Majeure. Neither District nor City shall be held responsible for delay or default caused by events outside of the District or City's reasonable control including,but not limited to, fire, terrorism, riot, acts of God, or war. However,District shall make all reasonable efforts to remove or eliminate such a cause of delay or default and shall upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement. P. FERPA. As required by the 20 USC 1232(g) (Family Educational Rights and Privacy Act, "FERPA"), and ORS 326.565, City shall not disclose any information or records regarding students or their families that City may learn or obtain in the course and scope of its performance of this Agreement. The Parties recognize that FERPA imposes strict penalties for improper disclosure or re-disclosure of confidential student information including but not limited to denial of access to personally identifiable information from education records for at least five years (34 CFR 99.33(e)). Consistent with the requirements of FERPA, personally identifiable information obtained by the Parties in the performance of this Agreement may not be re- disclosed to third parties without written consent of the students' parent/guardian, and must be used only for the purposes identified in this Agreement. Q. No Attorney Fees. In the event any arbitration, action or proceeding, including any bankruptcy proceeding, is instituted to enforce any term of this Agreement, each Party shall be responsible for its own attorney fees and expenses. IN WITNESS HEREOF, the Parties have executed this Agreement by as of the dates set forth below. City of Tigard Tigard—Tualatin School District No. 23J By: B Y� c Name: Stephen Rymer Name: " Its: City Manager Its: ��- "y, +,� pj�' Date: April 13, 2021 Date: e:, J":zeZ=o ' -7- EXHIBIT A SCOPE OF SERVICES The purpose of this exhibit is to identify services provided by the City to the District and the responsibilities of each Party related to School Resource Officers. 1. The Parties agree as follows: a. The Tigard Police Department's School Resource Officer Program will strive to enhance public safety through community policing within the schools, including crime prevention, enforcement of laws on school grounds, education and role modeling. b. At the sole determination of the City, the City will provide up to three (3) School Resource Officers(SRO).The SROs will be assigned to service District schools within the city limits of Tigard. All SROs shall be sworn employees of the Tigard Police Department. If the City determines that it can no longer provide two SROs, the City will notify the District as soon as practicable. c. The Tigard Police Department will determine appropriate staffing and coverage for SROs. SROs'primary assignments will be Tigard High School, Fowler Middle School, Twality Middle School, Creekside Community High School and the elementary schools that fall within the jurisdiction of the Tigard Police Department. d. The Tigard Police Department will consult with District to determine a schedule for the SROs that best addresses the needs of the SRO unit and the schools they serve.However, the City retains final authority and decision-making regarding scheduling. e. The City will be responsible for hiring, firing, evaluation, and discipline of the SRO pursuant to the City's personnel policies or collective bargaining agreements. The City will promptly review and respond to any performance concerns raised by the District. f. The SRO will work in cooperation with all school personnel, students, parents, and community members to accomplish the Tigard Police Department's mission. g. Administrators and the Police supervisor of the SRO unit shall coordinate activities and meetings related to the SROs in District schools. The following priorities will guide the activities of the SRO: i. Police presence, crime prevention and enforcement of laws. To create and maintain a feeling of safety and security for the benefit of all students and staff and to deter crime and violence on all school grounds through police presence and enforcement of laws. ii. Education and positive contact. To create and maintain educational opportunities for all students and staff which in turn creates a positive image of law enforcement. iii. Student and staff assistance. To become and remain a resource for all students and staff.To that end,the SRO will be available for special event security as determined by City. -8- h. The District shall make every effort to provide the SROs with a private work area containing a desk,computer,and telephone within the High School and Middle Schools. i. As part of the ongoing partnership between the City and District,each agrees to give the other Party priority for the use of facilities as available for meetings, training, community events, or other uses related to this Agreement and as agreed upon by the parties, subject to each entity's facilities use policies and procedures. j. The cost of specialized training shall be shared by mutual agreement between the City and the District on a case-by-case basis. k. All equipment supplied by the District shall remain the property of the District; all equipment supplied by the City shall remain the property of the City. 1. At the direction of District,City will immediately remove any SRO from all District premises where District determines, in its sole discretion that removal of such employee would be in the best interests of District. New Responsibilities of Each Party Identified during the Communitv Process 2.District responsibilities. a. Include SROs in building level and District level trainings for equity,trauma informed practices, culturally responsive leadership, and restorative practices b. Include SRO in collaboration efforts around psychological,social emotional well-being and physical health and safety for TTSD students, staff, and families. c. Participate in cross organizational training to better partner for school safety d. Include SROs in meetings around multi-systems of support and provide data about student outcomes and needs e. Work with Tigard and Tualatin Police Departments to introduce SRO and help inform their role and the new structure and framework of partnership to staff,students,families, and community members iv. This can be co-constructed with work group members throughout the year v. Include community events quarterly at the district level that focuses on listening sessions, information sessions, and questions and answering sessions with broader Tigard-Tualatin Community vi. Create space for families locally to meet SRO vii. Administrators will have a plan to include SROs in certain staff meetings, community events, and conferences and beginning of the year introductions and onboarding events chosen by the district. viii. Work to help facilitate opportunities for relationship development across historically underserved communities including staff, students, and families ix. Facilitate spaces for critical conversations around historical and socio-political context locally and nationally x. Include SRO in Broad Communication -9- 3. City responsibilities. a. Provide information regarding Drug and Alcohol prevention to students, staff, and families when requested. b. Provide information about the evolution of, and reasoning for uniform, gear, and weapons. c. Provide information about rights of students and families when faced with criminal legal situations. d. Provide information about how SROs keep school communities and local communities safe. This will be centered on culturally and community responsive stance. e. Establish services in creating positive relationships with historically underserved communities including but not limited to students of color, students in foster care,and students with varying abilities. f. Annually provide data about prevention efforts including but not limited to data about community relationship development and builders, consultation time for incidence responses, partnership with administrators, special education departments,student services department,and equity and inclusion department, and annually summarize data about referral and arrests and other pertinent information for community to know and understand surrounding the role and actions of the SRO in the schools. g. Participate in 1-2 community events monthly directly related to serving, informing, and building relationships with historically underserved communities (i.e. affinity and alliance groups, students navigating housing insecurities, and leadership groups that work to prevent and educate about impacts of drug and alcohol). 4.Joint responsibilities. a. The SRO program should be evaluated twice annually. As part of the continuous improvement plan as reviewed by an SRO Task Force(representative of stakeholders that will include city partners, student, families, and community partners). The data from the evaluation will be presented to the Parties for review of the program objectives and any recommended changes. The first review will occur after the end of the 2020-21 school year with future reviews occurring mid-school year and at the end of the school year. b. Including staff and student representatives should be a part of the SRO selection process. c. Ongoing training in conjunction with school staff. This would be on relevant subjects such as the anti-racist policy,DEI initiatives. d. Work to create a framework for Restorative Justice and Incidence Response to ensure the concerted effort to effectively keep students out of the criminal justice system and foster positive relationships with students with intentional focus on those historically underserved. h. Create, develop, and monitor continuous improvement plans centered around District Priorities with an equity lens. i. Preserve safe spaces for students and families. -10- EXHIBIT B COMPENSATION 1. The City shall pay the costs of selection, salary, benefits, vehicle, and equipment for two (2) SROs for the period through June 30, 2021. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this agreement. Funding for subsequent agreements shall be subject to budget approval by the Tigard City Council. The District shall provide funding to offset approximately one half of the costs of the most senior SRO including benefits and overtime during the school year. The District's funding shall not exceed$11,331 for the period through June 30, 2021. 2. The City shall pay the costs of selection, salary,benefits,vehicle, and equipment for three (3) SROs for the period July 1,2021 through June 30,2022. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this agreement. Funding for subsequent agreements shall be subject to budget approval by the Tigard City Council. The District shall provide funding to offset approximately one half of the costs of the most senior SRO including benefits and overtime during the school year. The District's funding shall not exceed$54,560 for the period July 1,2021 through June 30,2022. B-1