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Home My WebLink About101691 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. 10,169 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE LITTLE ROCK SCHOOL DISTRICT TO CONTINUE A SCHOOL RESOURCE OFFICER PROGRAM IN THE LITTLE ROCK SCHOOL DISTRICT, BEGINNING JANUARY 1, 1998, AND ENDING DECEMBER 31, 1999. WHEREAS, the Police Department is seeking accreditation for Law Enforcement Agencies, Inc. (CALEA); and WHEREAS, this process requires the department to evaluate and update all existing contracts for police services and make the necessary changes to comply with standards established by the Commission; and WHEREAS, the Police Department and the District initiated this School Resource Officer Program in 1992 with (1) officer; and WHEREAS, the Program now includes fourteen (14) officers and a sergeant with assignments at thirteen (13) different Little Rock junior high and high schools; and WHEREAS, the contract has been updated with current information regarding the number of officers in the program and sections added to address modifications, records, insurance review and revision, use of equipment and facilities, authority to execute agreement, governing law and independent contractor status; and WHEREAS, the School District reimburses the City for one half (' /�) of the salary, benefits, and overtime for the fifteen (15) officers in the program. NOW, THEREFORE, BE IT RESOLVED BY TILE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 1® 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SECTION 1. The City Manager is authorized to enter into a contract with the Little Rock School District to continue a School Resource Office Program in the Little Rock School District beginning January 1, 1998, and ending December 31, 1999. SECTION 2. Reimbursements for 1998 are estimated at $280,000. SECTION 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED: January 6, 1998 ATTEST: c a i - bLUACk- ROBBIE HANCOCK CITY CLERK APPROVED AS TO FORM: �i�o•+�. s 11'� • ivy y� THOMAS M. CARPE ER CITY ATTORNEY APPROVED: oC9 JI DAILEY MAYOR 0 DRAFT 11 -07 -97 AGREEMENT FOR SCHOOL RESOURCE OFFICER PROGRAM THE CITY OF LITTLE ROCK, ARKANSAS ( "City "), a municipal corporation organized under the laws of the state of Arkansas, and THE LITTLE ROCK SCHOOL DISTRICT ( "District "), a school district organized under the laws of the state of Arkansas, enter into this Agreement this _ day of 1997. WITNESSETH: WHEREAS, the City and District desire to continue the School Resource Officers Program (the "Program ") to serve the respective needs and to provide for the maximum mutual benefit of the parties hereto; and WHEREAS, this objective continues to be accomplished by the controlled interaction of the City's police officers with students and staff of the District; and WHEREAS, the City and District desire to reduce juvenile crime and to promote responsible behavior on the part of students. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. SERVICES A. The District agrees to authorize the Superintendent of Schools to enter into this Contract with the City of Little Rock to continue a School Resource Officer Program in the Little Rock School District. B. The City shall provide fourteen (14) police officers and one (1) supervisor to serve as School Resource Officers ( "SRO ") for the District. A list of qualified officers shall be compiled by the City and submitted to the District along with material supporting their qualification for the Program. The City shall be responsible for ensuring that the • • 13 DRAFT 11 -07 -97 recommended officers meet the qualifications set forth in the Little Rock School District Resource Officers Program Manual (the "Manual") attached hereto as Exhibit "A" and made a part hereto for all purposes. From the list submitted by the City and utilizing the procedure set forth in the Manual, the District and the City shall jointly select the officers to participate in the Program. Performance of any officer in the Program will be handled in accordance with the Manual section entitled "Problem Resolution/Dismissal or Transfer." By mutual consent of the City and the District, the Program may be expanded to add officers at the same cost and pursuant to the same terms and conditions as stated herein. 2. CONSIDERATION / PAYMENT METHOD A. In consideration for providing the above - described services, the District shall pay to the City monthly installments of fifty percent (50 %) of the SROs' salary, benefits and overtime currently being paid or provided to the SROs by the City of Little Rock, on or before the 15th day of the month, commencing on February 15, 1998. B. The City shall render invoices in duplicate to the Little Rock School District office, Attention Mark Milhollen, Controller, 810 West Markham, Little Rock, Arkansas 72201. 3. TERM / TERMINATION A. The initial term of this Agreement shall be for a period commencing January 1, 1998, to and including December 31, 1999. Absent termination by one of the parties hereto, this Agreement may be renewed for additional terms upon mutual agreement of the parties. In the event either party desires not to renew this Agreement for an additional year, the non - renewing party shall give ninety (90) days' prior written notice of intent not to renew the Agreement to the appropriate contact person listed in paragraph 8 of this Agreement. If -2- DRAFT I1 -07 -97 no such written notice is given, this Agreement shall automatically renew for an additional one (1) year term. B. This Agreement, and all performances and obligations required hereunder, may be terminated by the parties hereto at any time, with or without cause, provided that the terminating party provides the other party with written notice of termination no less than sixty (60) days prior to the date of termination. 4. The SRO provided by the City shall be considered an employee of the City. The SRO shall perform services in accordance with Exhibit "A." Notwithstanding anything contained in this Agreement or the attachments to this Agreement, the SRO shall at all times be subject to the policies and procedures of the Little Rock Police Department and the Little Rock Civil Service Commission. The City and the District shall be jointly responsible for the selection of SROs from the list of eligible candidates provided by the City. The City shall be responsible for the special training of the SROs as required for participation in this program, as well as the scheduling of such SROs. 5. A. The City agrees to indemnify, defend and hold the District harmless from and against any and all losses, liability and expenses, defense costs and legal fees, and any and all claims for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury or property damage arising from activities committed solely at the discretion of the City during the performance of services under this Agreement. B. The District agrees to indemnify, defend and hold the City harmless from and against any and all losses, liability and expenses, defense costs and legal fees, and any and -3- 15 DRAFT 11 -07 -97 all claims for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury or property damage that arise, or are claimed to have arisen, directly or indirectly from activities done at the direction of the District during the performance of services under this Agreement. 6. INSURANCE The City and District acknowledge that the other party is a governmental entity, duly organized under the laws of the state of Arkansas, and that each party relies on tort immunity. Accordingly, additional insurance shall not be required by either party as a condition of this Agreement. 7. ASSIGNMENT AND SUBCONTRACTING This Agreement, and the performance of services required hereunder, shall not be assigned or subcontracted by either party without the prior written consent of the other party. 8. NOTICES Notices hereunder shall be given by first -class mail or personal service. Notice to the City shall be delivered or addressed to Mr. David Yarberry, Administrative Services Manager, Little Rock Police Department, 700 West Markham, Little Rock, Arkansas 72201. Notice to the District shall be delivered or addressed to Mr. Bobby Jones, Director of Security, Little Rock School District, 810 West Markham, Little Rock, Arkansas 72201. 9. INDEPENDENT CONTRACTOR Nothing contained in this Agreement or the Manual shall be deemed or construed to create an employment relationship between the City, or any SRO assigned to the Program, and the District. The SROs assigned to the Program shall at all times be and remain IEN DRAFT 11 -07 -97 employees of the City of Little Rock. The City shall, at all times, and in all respects, have the rights and liabilities of an independent contractor. 10. AGREEMENT MODIFICATIONS Any modifications to this Agreement or the Manual shall be in writing, signed by all parties thereto. 11. RECORDS The City shall maintain all financial and employment records concerning the performance of services by the City under this Agreement. 12. CITY'S USE OF EQUIPMENT AND FACILITIES The District shall provide a famished, air conditioned office in each school with a telephone and a filing cabinet for use by each SRO, as indicated in Exhibit "A." Each SRO shall also have access to, and the use of, office supplies and equipment at the school where the SRO is located, as stated in Exhibit "A." 13. REVIEW AND REVISION OF AGREEMENT The parties shall jointly conduct an annual review of this Agreement. At the time of said annual review, the parties may make revisions to the Agreement that both parties deem necessary or desirable to fulfill the requirements of the Program. Any such revisions shall be in writing, executed by the City and the District and attached to this Agreement. 14. AUTHORITY TO EXECUTE AGREEMENT The parties agree and represent, as a material representation concerning this Agreement, that the persons executing this Agreement have full authority to do so and, in . doing so, to bind their respective entity to fulfill the covenants and obligations set forth in this Agreement. -5- 17 DRAFT 11 -07 -97 15. GOVERNING LAW This Agreement is governed by the laws of the state of Arkansas. 16. MISCELLANEOUS A. This Agreement shall be executed in the original, and any number of executed copies. Any copy of this Agreement so executed shall be deemed an original and shall be authentic for any other use. B. The terms of this Agreement shall be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assignees. C. Should there be a conflict between the provisions of this Agreement and the Manual, the terms and conditions of this Agreement shall control. WHEREFORE, the parties have hereunto affixed their hands and seals this _ day of 1997. CITY OF LITTLE ROCK, ARKANSAS LITTLE ROCK SCHOOL DISTRICT Cy Carney Acting City Manager Date: Date: ATTEST: Robbie Hancock City Clerk US APPROVED: Thomas M. Carpenter City Attorney M M M M M M -7- 0 DRAFT I1 -07 -97