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AG 21-168 - FEDERAL WAY PUBLIC SCHOOLSRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PD 2. ORIGINATING STAFF PERSON: Cary Murphy / Lynette Allen EXT: 6701 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): A. INTERLOCAL ❑ OTHER 5. PROJECT NAME: School Resource Officers - Amendment to the 2021-2022 Agreement 6. NAME OF CONTRACTOR: Federal Way Public Schools ADDRESS: 33330 8th Avenue South, Federal Way, WA 98003 'TELEPHONE _ E-MAIL: FAX: SIGNATURE NAME: DR. Dani Pfeiffer TITLE Superintendent 7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES 19 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: September 1, 2021 COMPLETION DATE: September 1, 2023 9. TOTAL COMPENSATION $ FWPS pays the City (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: S IS SALES TAX OWED BYES ®NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ORETAMAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW JRC 9/22/22 11. COUNCIL APPROVAL (IF APPLICABLE) COMIviI7TEE APPROVAL DATE: 5a COUNCIL APPROVAL DATE: O ❑ �� 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notificatign more than a month in advance if council approval is needed.) INITIAL I DATE SIGNED LAW DEPARTMENT 1l 7— �C'aNATORY (MAYOR OR DIRECTOR) • j� �� ,`CITY CLERK .ASSIGNED AG# AG# 2- COMMENTS: 2/2017 CITY OF CITY HALL Fe ra I Y Y � Feder Avenue South all Way. WA 980Q3-6325 ,. Feder (253) 835-70O0 www.cibjoftederiilmy.com AMENDMENT NO. 1 TO THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO.210 FOR SCHOOL RESOURCE OFFICERS This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and the Federal Way School District No. 210, ("District") The City and District (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for School Resource Officers ("Agreement") dated effective September 1, 2021 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than August 31, 2023 ("Amended Term"), 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - Rev. 3/2017 C17Y OF CITY HALL . Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwo(yoffedenrfway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: 'L . . . DATE: FEDERAL WAY PUBLIC SCHOOL DISTRICT NO. 210 By: — A�� Printed Name: Title: DATE: No'-`1 6e y 9, 2-022 ATTEST: kmA, vmal& -- Ste an e C urtney, CMG, City Clerk APPROVED AS TO FORM: J. Ryan Call, City A torney STATE OF WASHINGTON ) ) ss. COUNTY OF 14-.VLCI 1 On this day personally appeared before me Vfr• T&K► PW rCV, to me known to be the '&4 of r,&Af-y-C-ILA AFL -A t. -- 6z;41,CZ4 s that executed the foregoing lnstdirnent, and acknowledged the said instrument to be the free and voluntaryact and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this $ day of NcNe. W10e�Y- , 202-fr neap L P elb 9 Notary's signature Nomry Pm Notary's printed name 01 L 14,G ( i A Ststa of yya�,glon �y My APPoNMnNnf E oil+elzo25 Notary P 1 C in and for the State of Wash i gton. C01""'N'ID1�'�+a+�e My commission expires —1 b- AMENDMENT - 2 - Rev. 3/2017 COUNCIL MEETING DATE: October 18, 2022 CITY OF FEDERAL WXY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: INTERLOCAL AGREEMENT AMENDMENT BETWEEN CITY OF FEDERAL WAY AND FEDERAL WAY PUBLIC SCHOOLS FOR SCHOOL RESOURCE OFFICERS POLICY QUESTION: Should the Police Department extend the existing interlocal agreement with Federal Way Public Schools for the school resource officer program? COMMITTEE: PRHSPSC MEETING DATE: October 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cary Murphy, Commander DEPT: Police Attachments: 1. Staff Report 07 Amendment to extend interlocal agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: r _ Initial o[c COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the October 18, 2022 Regular Council Meeting Consent agenda for approval. " Comri&tak Chair Committee Member Committee Member P POSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BEL0N' TO BE COMPLETED BY CITY CLERK'S OFFICE) iNCIL ACTIO. APPROVED% t"lktozv COUNCIL BILL # ❑ DENIED First reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 11, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Interlocal agreement amendment between City of Federal Way and Federal Way Public Schools for School Resource Officers Background Information: The Federal Way Police Department has partnered with Federal Way Public Schools to provide school resource officers since 1997. This interlocal agreement would provide four (4) school resource officers (SRO's), one at each of the main high schools in the District. Representing Federal Way PD and law enforcement in general, SRO's must embrace the opportunities to positively interact with youth. This proposed extension amendment of the existing interlocal agreement (ILA) would be for one (1) calendar year — the 2022 to 2023 school year and would provide four (4) officers to the schools. One officer would be assigned to each of the main high schools. Per the ILA, the district would compensate the City calculated as the number of officers multiplied by 73.09% of the annual cost to the City for each officer (73.09% represents the ratio of 182 days worked under this contract to the total of 250 days worked annually by an officer). Adjustments to this calculation may change due to labor agreements or other required changes in officer compensation. Rev. 7/18 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PD 2. ORIGINATING STAFF PERSON: Casey Jones / Lynette EXT: 6701 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): A INTERLOCAL ❑ OTHER S. PROJECT NAME: School Resource Officers 6. NAME OF CONTRACTOR: Federal Way Public Schools ADDRESS: 33330 8th Avenue South, Federal Way, WA 98003 TELEPHONE E-MAIL: FAX: SIGNATURE NAME: - DR Dani Pfeiffer TITLE Superintendent 7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: September 1, 2021 COMPLETION DATE: August 31, 2022 9. TOTAL COMPENSATION $ FWPS pays the City (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ONO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) AW 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIALIDATE SIGNED VCAW DEPARTMENT 2l ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK it] oil 24 ❑ ASSIGNED AG# AG d COMMENTS: 2/2017 1 CITY OF FadesI Way CITY HALL 33325 Sth Avenue South Federal Way. WA 95003-6325 (253) 835-7000 thvae cdytrlla�lYt�twcry. corn INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO, 210 FOR SCHOOL RESOURCE OFFICERS This Inter -local Agreement ("Agreement") is made and entered into this I" day of September 2021, by and between the City of Federal Way, a Washington municipal corporation ("City"), and .Federal Way Public Schools number 210, ("District"), The City and District (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: FEDERAL WAY SCHOOL DISTRICT NO. 210 Dr, Dan! Pfeiffer, Superintendent 33330 8th Ave S Federal Way, WA 98003 (253) 945-2070 (telephone) (253) 945-2055 (facsimile) CITY OF FEDERAL WAY: Andy Hwang, Chiefoj'Pollce 33325 P Ave. S. Federal Way, WA 98003-6325 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) Lynette, alien cr,cityn�"ederulv�ay. Pursuant to Chapters 39.34 and 28A.320 RCW, the City and District may enter into an agreement through their respective legislative bodies whereby the City will provide fully commissioned police officers to serve as School Resource Officers on District property pursuant to such terms as may be iutually agreed upon. It is considered necessary and desirable in the public interest that the City and District exercise the rights and privileges afforded by said statute. Thciefote, it is mutually agreed by and between the City and District as follows: Iefinitions. The following definitions shall apply to this Agreement: 1..1 City. - The City of Federal Way. 1.2 Mstrict. - Federal Way Public Schools. 1.3 0D. -A commissioned law enforcement officer in the State of Washington with sworn authority to make arrests, deployed in community -oriented policing, and assigned by the employing police department to work in schools to build positive relationships with students and to address crime and disorder problems, gangs, and drug activities affecting or occurring in or around K-12 schools. School resource officers should focus on keeping students out of the criminal, justice system when possible and should not be used to attempt to impose criminal sanctions in matters that are more appropriately handled within the educational system. The SRO assignment at the school campuses is the equivalent of a 0.7309 full-time police officer with the remainder, 0.2691, to be assigned at the discretion of the Dcpartnicnl. Adjustments to this staffing allocation may be matte if mutually agreed upon between the District and the City. 1.4 i,clic�ol,,..C'�i�lxts. - The school buildings and all parking lots or outside common areas adjacent to school buildings. SRO INI'ERLOCAL - 1 - 6/2021 cF i v 0r, CITY HALL 1 325 8th Avenue South �'"' e d e ra Way Federal Way, WA 08003-6325 (253) 835-7000 wavuCli)R��@(jNIF]Ilrociy c��m 1.5 Dqnttrtmcm. - The Federal Way Police Department, City of Federal Way. 1.6 School Year. - One hundred eighty (180) days of official school days, one day before and one day after for preparation, closing and staff meeting totaling one hundred eighty-two (182) days between the months of August and .tune. The preparation day and the closing day shall be mutually agreed upon between the SRO and the building principal. The District "in-service training day" for the Security Department at the beginning of each school year is considered mandatory attendance for all SROs. 1.7 Annual Cost Lcucr. - A letter outlining the anticipated annual costs for services for the next school year is to be submitted by the City to the District in the month of February prior to the beginning of the school year. The anticipated costs will be calculated as the number of officers multiplied by 73.09% of the annual cost to the City for each officer (73.09% represents the ratio of 182 days worked under this contract to the total of 250 days worked annually by an officer). Adjustments to this calculation may change based on reduced officer deployment or increased labor costs paid by the City due to labor agreements or other required changes in officer compensation. 1.8 1;x ra- Itity+ AssigninLnts. - Extra -duty assignments include, but are not limited to, athletic games, dances, graduations, and other events that occur outside the normal school day as defined in Section 5, Hours of Work. 1.9 )ai Iy_ltyutine. - The daily routine includes assignment to various locations on/around the school campus or at various events. The daily routine does not include policies, procedures, guidelines, or work rules. 1.10 Overtime. - Overtime costs are calculated and paid in accordance with the Fair Labor Standards Act and the Federal Way Police Officers Guild Contract. The District shall be billed for only school related overtime, which includes incidents that begin on the school grounds during the SRO's scheduled workday and continue into overtime. Overtime related to crinninal incidents that do not involve the school will not be billed. 1.11 Sister Schools. - This philosophy shall provide continuity of staffing during absences as described in Section 3.3. Decatur and Todd Beamer SRO's will provide coverage for each other, as will Federal Way and Thomas Jefferson. Truman will be supported as needed by the nearest available SRO. 1.12 Unscheduled , 6senee. - An unscheduled absence is defined as the Federal Way Police Department being notified of an absence by an assigned SRO less than twenty-four (24) hours prior to the scheduled shift. 2. Purpose. It is the intent of the Parties that City police officers provide school campus security for the high schools. An SRO will be assigned to the following high schools: Decatur, Federal Way, Thomas Jefferson, and Todd Beamer. School resource officers (SRO) attend to the salcty and security needs of staff, students, and visitors in our schools. SROs are assigned to a designated high school but also respond to SRO INTERLOCAL - 2 - 6/2021 �Fe F era I� a k CITY HALL rdJl b` 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 �Mv� r cigvffeelere� hv�� corn requests for police services throughout the Federal Way Public Schools system. The primary responsibility of SROs is to protect students and school staff from harm, Representing Federal Way PD and law enforcement in general, SROs must embrace the opportunities to positively interact with youth. They should focus on keeping students out of the criminal justice system when applicable and should not attempt to impose criminal sanctions in matters that are more appropriately handled within the educational system. SROs must be fluent in current social and law -enforcement issues that impact schools, students, and youth. SROs present crime prevention education, solve security and law enforcement problems, foster a cooperative working relationship with school district personnel and students, and are positive role models for youth. SROs attend school meetings and attend FWPD training sessions. The position also requires that SROs provide active -assailant training to school administrators, staff, faculty, and students — the current curriculum is Run, I Iide, Fight. Interactions with students may be the most important job SROs perform. Formal and informal mentoring programs promote positive relationships between police and students, help at -risk youth make good choices, and improve school safety. These relationships develop over time because the officers are positive role models and are visible resources on campus. SROs should not be involved in administrative school issues unless requested by the school administration per their policies and procedures. 3. C_itv'ti >E2es�>Inrisik�ilitirs. 3.1 SRO Assig irnent to the School Campus. Upon receipt of Notice from the District, the City agrees to assign a minimum of four SROs for a rotation of one school year. Four SROs will be assigned to the following high schools: Decatur, Federal Way, Thomas Jefferson, and Todd Beamer. Each of these four SRO's will be assigned a rotational on - call schedule to support Truman as needed. During the course of the year, if an additional SRO is available they will be assigned as a "relief' SRO to cover any SRO absences, to be present at Truman High School during lunch and dismissal time when possible, to assist with traffic patrol near schools, and to manage other projects as needed. The City will collaborate with the District to jointly determine a hiring and placement process. In the event of operational needs or other unforeseen circumstances, the City will assign replacement SROs. 3.2 Rc_qu_iJt;Cd ►�nnU l ",fraiiiin . The City will work with the District to ensure all SROs are trained to meet legislative requirements before assignment. The following training shall be completed by all SROs on an annual basis: a) Constitutional and civil rights of children in schools, including state law governing search and interrogation of youth in schools; b) Child and adolescent development; c) Trauma -informed approaches to working with youth; d) Recognizing and responding to youth mental health issues; e) Educational rights of students with disabilities, the .relationship of disability to behavior, and best practices for interacting with students with disabilities; SRO INI'ERLOCAL - 3 - 6/202.1 t_9i'r 0r Fede n- � Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6326 (253) 835-7000 tmw cify offodarolway cons t) Bias free policing and cultural competency, including best practices for interacting with students from particular backgrounds, including Hnglish learner, LGBTQ, immigrant, female, and nonbinary students; g) Local and national disparities in the use of force and arrests of children; h) Collateral consequences of arrest, referral for prosecution, and court involvement; i) Resources available in the community that serve as alternatives to arrest and prosecution and pathways for youth to access services without court or criminal justice involvement; j) De-escalation techniques when working with youth or groups of youth; k) State law regarding restraint and isolation in schools, including RCW 28A.600.-,185; 1) The federal family educational rights and privacy act (20 U.S.C. Sec. 1232g) requirements including limits on access to and dissemination of student records for noneducational purposes, 3.3 I7l.l_If)I{111t1?r_ZG_I'-Vd ll�ltit3l]%. DiseUine. ssi.grl.]tl[ i�t..,,lilt[I Other 1'c1:5[xl1]il Action,,,. The City will continue to evaluate the performance of the SROs, to administer discipline, to investigate allegations of misconduct, assign duties, and take any other personnel action in accordance with applicable City policies, guidelines, and/or collective bargaining agreement. The City will collaborate with the District to jointly determine a performance evaluation process that includes input from the District. 3.4 CtJi�l�iftni. Complaints by families or scholars may be filed with either the District or the City by contacting FWPS HR or the FWPD SRO supervisor. Complaints received by the District will be forwarded to the City. Complaints will be forwarded to the SRO supervisor, who will investigate per City policies, guidelines, and collective bargaining agreement. SRO supervisor will communicate in writing with District HR and complainant on the outcome of complaints within 30 days of receiving the complaint. 3.5 &JTng. For the 2021/2022 school year., the City provides four (4) school resource officers. a. For scheduled absences, City agrees to provide a f'ul]-day replacement for each day with the following exceptions: i. Each SRO shall attend one day of mandatory training provided by the City per month. Coverage during training shall be provided by the Relief SR.O or under the "sister school" philosophy. During mandatory training, the City shall maintain a minimum of three (3) SROs. ii. The SRO may attend additional designated training approved by the City and with the agreement of the building principal. The Safety and Security Director will be notified as soon as practical, When training outside of the mandatory monthly training is approved, a minimum of three (3) SROs will be provided by the City. iii. The SROs may attend the professional learning opportunities offered by FWPS, especially in the areas of restorative practices, adverse childhood effects, positive behavior interventions, and cultural competency trainings. In the effort to more fully support the SRO district/school partnership, these trainings are focused on the strategic plan, the goals within the strategic plan, SRO INTERLOCAL - 4 . 6/2021 CITY or Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ii v�N c/lyoffedezi/mitiV.com and initiatives supporting FWPS work. b. For unscheduled absences, the City shall maintain a minimum of three (3) SROs assigned within the District during school hours except during exigent circutnstances, which include but are not limited to natural disasters, riots, or large-scale disturbances requiring Federal Way police officer's response. c. Absence for Other Duties and/or Training. Except as noted above, the City agrees to provide a replacement officer for the hours of absence in the event an SRO is absent more than four (4) hours for Department duties and/or training. d. SRO Selection. The District and the City will jointly determine the SRO selection process when a vacancy presents itself. c. During the course of the year, if the City allocates an additional officer to the SRO unit, the City would use the additional staffing as a relief SRO to fill in absences in support of a minimum of four (4) SRO& In the event the Relief SRO is already assigned to cover a building, or the position is unfilled, the resulting coverage will be provided as described in the "sister school" philosophy 3.6 11ginsligq cif Criminal Sus .grts. After an SRO arrests individuals or detains individuals suspected of criminal activity, the SRO will normally remain on the school campus, and additional police officers will he dispatched to transport said individuals, The City, in its discretion, may require the SRO to leave the school campus and transport the individuals. 3.7 Invoices. A. Regglar SIZO Worlt. The City will submit two invoices during the school year, one in January and one in June, for work performed. Each invoice represents work for 91 days, which equates to one-half of the school year. B. Extra-thav Assiuntn4nls. The City will submit an invoice monthly for all work as a result of extra -duty assignments. The Par(i-cs understand that extra -duty assignments may create overtime charges. Extra duty assigrnnents are understood to be sporting events, dances, and/or other after school events where support is requested by the District. C. (h-c_tilne. The City will submit an invoice monthly for all overtime worked. The City maintains responsibility to document overtime. Overtime shall not be charged for law enforcement work required beyond the normal SRO schedule when it is within the normal body of police investigations. 3.8 /1nrl.ual Cost Fetter. On or before February 1" of each year the City will provide the District Security Director an Annual Cost Letter estimating the anticipated annual costs for services for the next school year. 3.9 €Jnil'orm aiui F:gtiil?nicnt. A. llnifiom. Normally SROs will be attired in police uniforms. However, either upon the request of the building principal or, if applicable, the Memorial Field Coordinator, other attire may be approved by the City for specific occasions. Dress down attire will maintain a professional image and may include bike uniforms or other activity SRC) INTERLOCAL - 5 - 6/2021 tF F Y I]1= Fed ra � Way specific attire. CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 avlww. cilyoffedcr.gfwny.c orn) ) B. Tr Ynspo rl_ation. The City, in its discretion, may provide vehicles or other means of transportation for SROs. C. ItmLI C'c?Ftit�tuni+:silicans, The City will provide SROs with radios capable of routine and/or emergency interaction with dispatch operations, and integrated with the regional public safety radio network, Cellular phones may be provided at the City's discretion. 3.10 asigjLmenls. The City agrees to attempt to assign the extra -duty work to the SRO assigned to the particular school campus but will also attempt to reduce any overtime. 3.11 Data collcction. The following data will be collected regarding calls for law enforcement service, including student arrest and referral for prosecution, offense type, race, gender, age, and students who have an individualized education program or plan developed under section 504 of the federal rehabilitation act of 1973. The City will submit on the last day of the month newly submitted incident reports to the district via of a secure data transfer protocol. The June report will be filed a week after the close of the school year. The FWPS Assessment department will compile the data and provide a summary based on the identified reporting indicators stated above. The data will be retained for three years. The District will then report this data to OSPI on an annual basis. 3.12 RecordC'heck.. Pursuant to RCW 28A.400.303, the City shall require a record check through the Washington State Patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030 and 10.97.050 and through the Federal Bureau of Investigation before hiring any employee who will have regularly scheduled unsupervised access to children in the School District's schools. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The City shall provide a copy of the record report, to the applicant. When necessary, applicants may be employed on a conditional basis pending completion ofthe investigation. If the applicant has had a record check within (he previous two years, the City may waive the requirement. 3,13 Critng<iittl C.hildrei . Pursuant to RCW 28A.400,330, as now or hereafter amended, the City shall prohibit any employee of the City from working at a public school who has contact with children at a public school during the course of his/her employment and who has pled guilty to or been convicted of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under 9A.44 RCW where a minor is a victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws or another jurisdiction, Any failure to SRO 1NTF.RI,OCAI, - 6 - 6/2021 CITY of Federal Way CITY HALL. 3$325 Oth Avenue South Federal Woo, WA 98003-6325 (253) 835-7000 vAm crl voffederalway. cons comply with this section shall be grounds for the School District to immediately terminate this Agreement. 4. District's Responsibilities, 4.1 fist ct_,-R q�ic st l{c nto� al ejf S, 1M, The District may request removal of an SRO for unsatisfactory performance or for incompatibility. All requests for removal must be predicated by consultation with the Chief of Police, must be in writing from the District's designee or the building principal of the school being served, and must be submitted to the Chief of Police. 4,2 i'erl'orinant e_,C��ttL Comments. The District's designee will provide the City's SRO supervisor with performance comments and observations concerning the SRO after consultation with the building principal, The SRO supervisor is wholly responsible for the SROs' performance appraisal. However, the SRO supervisor will collaborate with the District to include District input in the performance appraisal. 4.3 Compcn%ation, 'The rate for the SROs will adjust annually in accordance with the Police Department Guild Collective Bargaining Agreement. Upon receipt of an invoice, the District will reimburse the City within thirty days, exclusive of overtime and extra duty assignments costs, A. Annual Negotiation of Costs. After February I" of each year, the District agrees to negotiate the compensation based upon the anticipated costs of services as set forth in the Annual Cost Letter in Section 3.6. B, ,f?xtra-duly assigpin�ttls. The District agrees to pay the prevailing hourly rate for each extra duty hour worked by a police officer, In the event that overtime is incurred, the District agrees to pay the overtime rate as defined in Section 1.10. C. New Positions. In the event the City and the District agree to establish additional SRO positions during the school year, the District will pay the proportionate amount based upon the actual days worked, D, C3vcriimee. The District agrees to pay authorized overtime costs in accordance with the Fair Labor Standards Act and the Guild Contract. 4.4 Oflicc Soace/EcIlltoil] clit. A. The District will provide an office space, desk, dedicated phone line, voice mail, district and internet based electronic .mail, and a computer. b) The District will provide access to private interview rooms, C. Generally, the school campus of the District will provide a site -based portable radio to permit communications between staff and the SRO, and to enable monitoring of staff/campus activities, In the event a site -based radio is not provided, it is the responsibility of the site principal to ensure that acceptable alternative communication protocols and methods are in place. SRO INTERLOCAL - 7 - 6/2021 `h cif Y car Federa 'V��'ay CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (263)835-7000 tMvw c•rtvoff,3derelwoy can 4.5 Vxtrt-1.) lty AsxiLLnnirnts. The District shall deteimiine the need for extra -duty assignments. Should there be a need for an SRO, the District reserves the right to negotiate with the City for "extra -duty" police Services as defined in Section 1.8. The District's first preference is that the SRO assigned to the school would also be assigned to the extra -duty assignments. When this is not possible, the extra duty assignments shall be offered in the following order of priority; first, to current SROs in the District, and second to other Department police officers. 4.6 As iWnmc»t 01' DZIJI IZOLlt,ine, The principal may request changes to the daily routine of the SRO, provided the assignment does not conflict with City policies, guidelines, protocols, work rules and/or applicable collective bargaining agreement, 4.7 Studui,iL;. The District will maintain the responsibility to transport students not involved in criminal activity. 4.8 Off is 'r inLervep"t oil. The District will outline policies and procedures to clarify the circumstances under which teacher and school administration may ask for an officer to intervene with a student. 5. Hours of Work. An SRO will normally work an eight -hour shift, inclusive of the lunch period and school hours. The SRO may be subject to call during the lunch period. The actual hours worked will be determined by agreement between the District and the City. The Parties recognize that the SRO is subject to the Fair Labor Standards Act (FLSA) and that overtime may occur. 5.1 SROs will attend weekly campus -based meetings with peer SROs and/or SRO supervisor. The weekly meeting will be rotated between campuses and will not exceed sixty (60) minutes. The SROs are encouraged to attend the regional SRO meeting. 6. Term. The term of this Agreement shall be for an initial period of one years, from September 1, 2021 through August 31, 2022. Thereafter, this Agreement shall annually be reviewed unless terminated pursuant to Section 7 hereof. The annual review and adoption process shall involve parents, students, and community members. 7. Termination. 7.1 The District may terminate this Agreement for "just cause" provided that it has provided ninety (90) days prior written notice to the City. "Just Cause" shall mean the City's failure to perform its obligations under this Agreement following notice from the District of such failure and after an opportunity for the City to cure or satisfy such obligations. 7.2 Either party may terminate this Agreement with or without cause at the end of the school year by ninety (90) days prior written notice to the other party. For the purposes of this paragraph, the school year end state shall be .tune 30"' of the current year. SRO INTERLOCAI, - 8 - 6/2021 _ (A r v nt CITY HALL '3 33325 8th Avenue South Federal ,f Federal Way, WA 98003-6325 (253)835-7000 b�naw erlya�%der�h inn y c:nm 8. Insurance. 8.1 Amount. It is hereby understood and agreed that each Party to this Agreement shall obtain and maintain public liability insurance in an amount not less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) single limit liability. 8.2 C'erlificattc. Each Party shall provide proof of insurance coverage to the other Party. The City shall provide the District with an evidence of coverage letter. The District shall provide the City with an evidence of coverage letter from the Washington Schools Risk Management Pool. Insurance coverage shall be maintained at all times. 9. Indemnification. 9.1 The Disarict, The District agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its partners, shareholders, agents, employees, or by the District's breach of this Agreement. 9.2 The City. The City agrees to defend, indemnify, and hold the District, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of this Agreement. 9.3 SStrviv;1l. The provisions of this article shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 10. General Provisions. 10.1 Administration. The responsibility for overseeing the compliance with the provisions of. this Agreement shall be handled jointly between the Parties, and no separate legal or administrative entity shall be formed by the Parties for such purpose. 10.2 1ndel2cmicni C'ontractoz. It is the intention of the City and of the District that each SRO is a City employee, 10.3 CCooniidentiality. Both the School District and the City are governed by laws requiring confidentiality for certain records and information contained therein. Pursuant to RCW 13.50,010(1)(a) the City and the School District are "juvenile justice and care" agencies which maintain records (hereinafter "juvenile records") as defined in RCW 13.50,010(1)(c). Both Parties agree that the juvenile records will only be released in accordance with RCW 13.50.050(4). The City will not release copies of reports, investigations, or other documents which are not juvenile records if such records are exempt from disclosure under either the SRO 1NTPRLOCAL - 9 - 6/2021 c��•�F C11 Y or CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 Www. cHyoffederatwey con) Public Disclosure Act, RCW 42.17.250-42.17.348, or the Criminal Privacy Act, RCW 10.97 et seq. Pursuant to the terms of the Family Educational Rights and Privacy Act, 20 USC § 1232g and regulations promulgated thereunder, City personnel providing security services to the School District may be provided access to student records in the course of their duties and will be expected to maintain the confidentiality of such information except as disclosure is permitted by law. For the purposes of the foregoing statute, the City shall be recognized as an official law enforcement unit of the School District. 10.4 1 R� Iifc Agrecmcnl. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 10.5 &,,di_Itc.ilio�, No provision ofthis Agreenientnlay be amcltded oradded to except by agreement in writing signed by the Parties or their respective successors in interest, 10.6 Ft i err �u;cl fittest. Any provision of this Agreement which is declared invalid, void orillegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 10.7 Assignment. Neither the City nor the District shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 10.8 AttmUL l-'ces, In the event the City or the District defaults on the performance of any terms in this Agreement, and the District or City places the enforcement of the Agreement or any part thereof, or the collection of any monies due, or to becolne due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Pauly shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washingrton, 10.9 LN\,cl Waiver. Failure of either Party to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default, but either Party shall have the right to declare any such breach or default at any time and take such actions that might be lawful or authorized hereunder either at law or in equity. Failure of the either Party to declare one breach or default does not act as a waiver of either Party's right to declare another breach or default. 10.10 Arbitration, Disagreement concerning the inteipretation or application of the provisions of this Agreement is subject to arbitration provided that the Mayor, or his or her designee, and the District Superintendent, or his or her designee, have discussed and attempted to settle the dispute. The Party desiring arbitration shall submit written notice of the intent to arbitrate along with the basis for the dispute. F0110wing receipt of the notice to arbitrate, the other Party may request a ineeting within fourteen (14) working days in attempt to resolve the matter. If the matter cannot be resolved, the Parties shall first attempt to select an arbitrator. If no agreement can be reached on the selection of the arbitrator, the City and the District agree to use the services of the American Arbitration Association for the selection of the arbitrator. SRO INITERLOCAL - 10 - 6/2021 CIIIY OF Federal WaIff CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. olyoffederal woy. com Each party shall be responsible for its own costs and fees incurred in preparing for and participating in the arbitration. The arbitrator fees along with any administration fee shall be bome equally by the City and by the District. The arbitrator shall determine the controversy in accordance with the laws of the State of Washington. The arbitrator's decision shall be binding upon both Parties. 10,11 Capt'tion . The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 10.12 J.Zemcdies ('ut31L11,<ltive. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or by statute. 10,13 l.;wL,-ILQIImtI'tuttl + to Dri'iFt. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that party drafted the ambiguous language. 10.14. l iliii) ) L(jgtnenl.. This Agreement shall be filed with the Secretary of the Board of Directors of Federal Way School District No. 210, the City Clerk of the City of Federal Way, and the King County Records and Elections Division. 10.15 SSumilemental Security O_fiteers. The District reserves the right to place a campus security officer to assist the assigned SRO at any time. [signatures to follow] SRO INTERLOCAL - 11 - 6/2021 city OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98g03-6325 (253) 836.7000 ►i WW C.dyathrlyaanMRy, cove IN WITNESS WHEREOF, the above and foregoing Inter -local has been executed by the parties hereto and made effective on the day and year first above written: CITY OF Jim 1, WAY: St&r6rAe Courtney, CMC, City 1 k APPROVED AS TO FORM: J. Ryn Call, City iwmcy FEDERAL WAY SCHOOL DISTRICT NO, 210: Dr. Dasi-W'bA r, Superintendent APPROVED AS TO FORM: General Counsel and Purchasing SRO INTERLOCAL - 12 - 6/2021 COUNCIL MEETING DATE: September 21, 2021 ITEM #: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT BETWEEN CITY OF FEDERAL WAY AND FEDERAL WAY PUBLIC SCHOOLS FOR SCHOOL RESOURCE OFFICERS POLICY QUESTION: Should the Police Department enter into an interlocal agreement with Federal Way Public Schools for the school resource officer program? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: Sept 14, 2021 Council Committee CATEGORY: Consent ❑ Ordinance ❑ Public Hearing Lj City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Casey Jones, Commander DEPT: Police Attachments: 1. Staff Report 2. Interlocal agreement Options Considered: 1. Approve the proposed interlocal agreement and authorize execution of the agreement. 2. Do not approve the proposed interlocal agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 9 DIRECTOR APPROVAL: 6v.� Cammilt ceunsil / Initia IDatc lnidallDwc lnitia c COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the September 21, 2021, City Council Business agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed interlocal agreement and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BYCITY CLERICS OFFICE) FI CIL AC i IOC CAPPRUV E ), I!u,� I COUNCIL BILL # DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor f ir ipc,C-dk -r' �ptl F FROM: r SUBJECT: Interlocal agreement between City of Federal Way and Federal Way Public Schools for School Resource Officers Background_ Information: The Federal Way Police Department has partnered with Federal Way Public Schools to provide school resource officers since 1997. This interlocal agreement would provide four (4) school resource officers (SROs), one at each of the main high schools in the District. Representing Federal Way PD and law enforcement in general, SROs must embrace the opportunities to positively interact with youth. They focus on keeping students out of the criminal justice system when possible and should not be used to attempt to impose criminal sanctions in matters that are more appropriately handled within the educational system. SROs must be fluent in current social and law -enforcement issues that impact schools, students, and youth. Current legislation limits the length of SRO contracts to one year. The legislation also places certain training requirements upon SROs. The training includes the following: Constitutional and civil rights of children in schools, including state law governing search and interrogation of youth in schools; Child and adolescent development; Trauma -informed approaches to working with youth; Recognizing and responding to youth mental health issues; Educational rights of students with disabilities, the relationship of disability to behavior, and best practices for interacting with students with disabilities; Collateral consequences of arrest, referral for prosecution, and court involvement; Resources available in the community that serve as alternatives to arrest and prosecution and pathways for youth to access services without court or criminal justice involvement; Local and national disparities in the use of force and arrests of children; De-escalation techniques when working with youth or groups of youth; State law regarding restraint and isolation in schools; Bias free policing and cultural competency, including best practices for interacting with students from particular backgrounds, including English learners, LGBTQ, and immigrants; and the Federal Family Educational Rights and Privacy Act requirements including limits on access to and dissemination of student records for non -educational purposes. Rev. 7/18 Proposal This proposed interlocal agreement (ILA) would be for one (1) year - the 2021 to 2022 school year and would provide four (4) officers to the schools. One officer would be assigned to each of the main high schools. Per the ILA, the District would compensate the City calculated as the number of officers multiplied by 73.09% of the annual cost to the City for each officer (73.09% represents the ratio of 182 days worked under this contract to the total of 250 days worked annually by an officer). Adjustments to this calculation may change based on reduced officer deployment or increased labor costs paid by the City due to labor agreements or other required changes in officer compensation. The current salaries are between $89,634 and $104,810.88 but depend upon the officer's specific pay scale. At 73.09% the District would be compensating the City between $65,513.49 and $76,606.27 per officer salary, approximately. Rev. 7/18