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ORD 40515 - Contract with Millard Public Schools to provide associate school resource officers, canine associate school resource officer, and marked police cruisers M`A,HA,n, *Po a .1 }� ;: , 2015 SEP 10 ,r 10: So 04, 44 'rBD FEBA�P CITY ti' CLERK" �q C6 f t CL«�,RK 911 City of Omaha r• � u N 'i 1 i A,r7 K Jean Stothert,Mayor Todd R.Schmaderer Chief of Police Omaha Police Department "To Serve and Protect" Honorable President 505 South 15th Street Omaha,Nebraska 68102-2769 (402)444-5600 and Members of the City Council, fax(402)444-5898 www.opd.ci.omaha.ne.us Submitted herewith for your consideration is an Ordinance approving a Contract between the City of Omaha and the Millard Public Schools replacing all previous agreements. This Contract provides that the Omaha Police Department will provide up to three Associate School Resource Officers,and marked police cruisers, subject to the availability of such cruisers and the School District's needs, to the Millard Public Schools at specifically designated locations from August 10,2015 and ending at the close of the 2015 - 2016 school year. In consideration of that, the reimbursement payment from the Millard Public Schools to the City will be in the amount of$28.50 per hour for each officer. Additionally, this Contract provides that the Omaha Police Department will provide one Canine Associate School Resource Officer to the Millard Public Schools. The School District shall compensate the City$33.50 per hour for a Canine Associate School Resource Officer working in that capacity. The District shall compensate the City for the canine ASRO in the amount of$5.00 per day when school is not in session(summer break). Your favorable consideration of this Ordinance is respectfully requested. Respectfully submitted, Todd R. Schmaderer Date Chief of Police Approved as to Funding: Referred to City Council for Consideration: /1/7 /4 Steph i B. Curtiss to Mayor's Office Date Finance Director, S:\OPD\1430ddr An Internationally Accredited Law Enforcement Agency ORDINANCE NO. jldc AN ORDINANCE to approve a contract between the City of Omaha and the Millard Public Schools for the City to provide, through its assignment, up to three Associate School Resource Officers, one Canine Associate School Resource Officer, and marked police cruisers, subject to the availability of such cruisers and the School District's needs, to specifically designated locations, involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter, to perform police work at the District property twenty-eight (28) hours(or less) per week while school is in session during the regular school year, and twenty-eight (28) hours per week while school is in session during the regular school year for the Canine Associate SRO, from August 10, 2015 and ending at the close of the 2015 — 2016 school year. The reimbursement payment from the Millard Public Schools to the City will be in the amount of$28.50 per hour for each officer; and $33.50 per hour for the canine officer; and $5.00 per day for the canine officer when school is not in session(summer break); and to provide for an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, in conformity with Section 5.17 of the Home Rule Charter, approval is hereby given to a contract, (for the 2015 — 2016 school year) involving appropriations extending over more than one fiscal year, with Millard Public Schools for the City to provide, through its assignment, up to three Associate School Resource Officers and one Canine Associate School Resource Officer and marked police cruisers, subject to the availability of such cruisers and Millard's needs, to designated school premises, with a ORDINANCE NO. 7 7k . Page 2 reimbursement payment to the City from the Millard Public Schools in the amount of$28.50 per hour for each Associate School Resource Officer; and $33.50 per hour for the Canine Associate Resource Officer, and $5.00 per day for the canine officer when school is not in session (summer break). Section 2. That this ordinance being administrative in character shall be in full force and take effect immediately upon passage. INTRODUCED BY COUNCILMEMBER APPROVED BY: PASSED OCT - 6 2015 '0 MAYOR OF THE CITY OF OMAHA ATTEST: 1/4&AiryCITYdokileti RK OF THE CITY OF OMAHA APPROVED AS TO FORM: s:\OPD\1431 ddr it 2 7// ASSI TANT CITY ATTORNEY ASSOCIATE SRO AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Omaha, a municipal corporation located at 1819 Farnam Street, Suite 701, Omaha, Douglas County, Nebraska (hereinafter referred to as the "City"), and Douglas County School District No. 17, which is also commonly known as the Millard School District, 5606 South 147th Street, Omaha, Douglas County, Nebraska (hereinafter referred to as "School District"), on the terms, conditions and provisions as set forth herein below. WHEREAS, the School District is in need of Associate School Resource Officers and a Canine Associate School Resource Officer for selected School District middle schools, and whereas the City has experienced employees who can provide such services, and the City and the School District (collectively the "Parties" and singularly each "Party") agree as set forth below: 1. Project Name and Description. The Project name shall be the Associate School Resource Officer Program ("Associate SRO Program"). 2. Duties of City. 2.1 The City designates the Commander of the Neighborhood Services Unit as its contact person for the Associate SRO Program. 2.2 The City shall provide up to four retired Omaha Police Officers, subject to School District need, certified by the Nebraska Law Enforcement Training Center, to the School District as Associate School Resource Officers for assignment in School District middle schools (hereinafter Associate SROs). 2.3 As defined by Omaha Municipal Code Chapter 23, Sections 235 and 236, the City shall restrict the Associate SROs work hours to 28 hours (or less) per week (part- time). School District will restrict the Associate SROs to 28 hours each per week during the 2015-2016 school year. The Canine Associate SRO will work 30 hours per week during the 2015-2016 school year. (The Associate SROs will work in accordance with the School District school calendar.) 2.4 The City shall hire, fire, discipline, and train all Associate SROs in conformance with the Rules and Regulations of Chapter 23 of the Omaha Municipal Code and relevant provisions of the OPD Standard Operating Procedures. At all times, the Associate SROs shall be considered employees of the City for all purposes. 2.5 The City may provide marked uniform police cruisers to the Associate SROs, subject to the availability of such cruisers and the School District's needs. 2.6 The City will provide uniforms and companion equipment for each Associate SRO as required by the OPD Standard Operating Procedures, subject to the compensation provisions below. 3. Duties of the School District. 3.1 The School District's Director of Student Services will be the School District administrator for the Associate SRO Program. 3.2 The School District's Director of Student Services and the Neighborhood Services Unit Commander will work in conjunction to assure the smooth implementation and operation of the Associate SRO Program in the schools. 3.3. The School District will provide the Associate SROs with access to an office that affords security and privacy and access to such equipment as is necessary at the assigned school. This equipment shall include, but not be limited to a telephone, a fax machine, a copier, and filing space capable of being secured and access to a computer and secretarial assistance. 3.4 The School District will provide the Canine Associate SRO with a canine that will be utilized as part of his/her normal duties. 3.5 The School District will allow the Canine Associate SRO time away from school property for training requirements as outlined in the Omaha Police Department's Standard Operating Procedures and the Unit manual of the Omaha Police Canine Unit. 3.6 The School District shall compensate the City as set forth below. 4. Associate School Resource Officer Responsibilities. Associate SROs shall: 4.1 Work in concert with the school principal, or the school designee, meeting with the principal on a weekly basis. 4.2 Provide a program of educational leadership by acting as a guest speaker in addressing tobacco, alcohol, and other drug issues, and in addressing violence diffusion and violence prevention, and safety issues in the school community. 4.3 Act as a communication liaison with law enforcement agencies. 4.4 Present programs to parents on issues related to tobacco, alcohol, and other drugs, violence prevention and safety. 4.5 Provide informational in-services for School District staff on issues related to alcohol and other drugs and the law, violence, gangs, safety, and security. 2 4.6 Gather information regarding potential problems such as criminal activity, gang activity and student unrest, and attempt to identify particular individuals who may be a disruptive influence to the school and/or students. 4.7 Assist in maintaining order and enforcing school policies on school property. As necessary, the Associate SROs will take the appropriate law enforcement action, consistent with a police officer's duty. As soon as practical, the Associate SROs shall make the principal of the school aware of such action. At the principal's request, or at the officer's discretion, the Associate SROs shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school functions, to the extent that the Associate SROs may do so under the authority of law. Whenever practical, the Associate SROs shall advise the principal before requesting additional police assistance on campus. 4.8 Refer students and/or their families to the appropriate agencies for assistance when need is determined. 4.9 The Associate SROs shall not act as a school disciplinarian. However, if the principal believes an incident is a violation of the law, the principal may contact the Associate SRO and the Associate SRO shall then determine whether law enforcement action is appropriate. 4.10 The Associate SROs can perform other duties as may be mutually agreed upon in writing by the City and the District. 4.11 The Associate SROs will provide the School District with monthly reports which indicate the schools and number of activities the Associate SROs were engaged in, such as incident reports, arrests, citations issued, assists, classroom instruction (by number of hours, number of students, and number of classes), student conferences, parent conferences, trespass incidents, meetings and in-services attended, and assistance to security/staff/faculty. 5. The Canine. 5.1 The canine is the exclusive property of the Millard Public School District. Upon termination of the agreement or the retirement of the animal, the School District will maintain full ownership of the animal. 5.2 The decision on how the canine will be used will be the responsibility of the School District in consultation with the handler and following the approved procedures and protocol as outlined in the Standard Operating Procedures of the Omaha Police Department and the Unit Manual of the Omaha Police Canine Unit. 5.3 The priority for use of the canine will be on properties owned by the School District; however, the animal may be used for other situations when requested by the 3 Associate SRO with prior written approval of the District and the Omaha Police Department Neighborhood Services Unit Command. 5.4 Costs related to the canine shall be borne by the School District, including but not limited to: a. Acquisition and cost of the animal; b. Training costs; c. Veterinarian visits and treatments, including shots; d. Construction and maintenance of a suitable kennel on school grounds and at the officer's residence as well as any retrofitting of the City provided vehicle to make it canine compliant; e. Food and feeding equipment; and f. Training aids, leashes, collars g. School District shall pay the Canine Associate SRO for up to 12 hours per week for training. Such payment shall be made directly to the officer. During such training the officer shall be acting as an independent contractor of the School District and such training and District payments shall not create an employment relationship between the officer and the School District. 6. Compensation and Payment. Compensation and payment for services are as specified below: 6.1 The City shall incur all costs for training required by the Nebraska Law Enforcement Training Center to maintain each Associate SRO's certification as a Police Officer in the State of Nebraska. 6.2 The City shall incur all costs for the representation of an Associate SRO in any claim, suit, or preparation thereof. 6.3 The City shall provide each Associate SRO with a portable radio and access to the Douglas County 911 system for routine and emergency communication. 6.4 The Associate SRO will be compensated by the City, for any law enforcement duties the Associate SRO is required to perform outside of normal school hours. Such activities shall not be considered part of the Associate SRO's 28 hour workweek for the School District, with the exception of attendance at one roll call per week, not to exceed two hours. If subpoenaed for matters unrelated to the Associate SRO's work for the School District, the Associate SRO's time will not be included in the 28 hours per week agreement. If the Associate SRO is requested to work an evening school event, such as an Open House or Graduation, such time shall be included in the maximum 28 hours per week, and adjustments shall be made by the School District to the Associate SRO's normal school schedule to include these hours so as not to exceed 28 hours per week. 4 6.5 The additional payments to the City for the Canine Associate SRO under this Agreement shall be directly for the increased responsibility related to the canine, including K-9 certification of the Associate SRO and housing of the canine during the summer, and shall not create an employment relationship between the Associate SRO and the District. 6.6 The School District shall compensate the City $28.50 per hour for each Associate SRO working at the School District not to exceed $32,832.00 per Associate SRO for the 2015-2016 school year. The School District shall compensate the City $33.50 per hour for a Canine Associate SRO working in that capacity not to exceed $48,240.00 for the 2015-2016 school year. 6.7 The District shall compensate the City for the Canine Associate SRO in the amount of$5.00 per day when school is not in session (summer break). 6.8 The School District will be billed by the City at the end of each semester for the services rendered by each Associate SRO, within thirty (30) days of the close of the semester. Each invoice from the City shall include the names of the Associate SROs, the hours worked by each Associate SRO, the sum due for each Associate SRO, and the overall total due. 7. Term. The term of this Agreement shall be for the 2015-2016 school year, subject to renewal, on or before August 10, 2016, at the option of the parties. 8. Termination of Agreement. This Agreement may be terminated by either party upon written notice of such termination and specifying the effective date at least thirty (30) days prior to the effective date of such termination. In the event of termination, the City of Omaha shall be entitled to payment for services rendered up to the date of termination. 9. General Conditions. 9.1 Nondiscrimination. Neither the City nor the School District shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 9.2 Captions. Captions used in this Agreement are for the convenience of the parties and are not to be used in the construction of this Agreement. 9.3 Applicable law. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. 5 9.4 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council or the School District. 9.5 Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. 9.6 Modification. This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. 9.7 Assignment. Neither the City nor the School District may assign its rights under this Agreement without the express prior written consent of the other party. 9.8 Strict compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from an authorized representative. 9.9 Equal employment opportunity clause. The School District is an equal opportunity employer that is and shall remain in full compliance with all federal and state equal opportunity requirements and/or law. Failure to do so may result in unilateral cancellation of this Agreement by the City. 9.10. New employee work eligibility status. Pursuant to and in order to be in compliance with Neb. Rev. Stat. § 4-114(2), the parties shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee and lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. Neither Party is an individual nor a sole proprietorship. Therefore, neither Party is subject to the public benefits attestation and related requirements of Neb. Rev. Stat. §§ 4-108 - 113. 6 EXECUTED this day of -IL Ill 2015. DOUGLAS COUNTY SCHOOL DISTRICT NO. 17, also commonly known as the Millard Public Schools By: it ss Dr. Jam Sutfin, Superintendent EXECUTED this Id day of t, 2015. Attest: CITY OF OMAHA, a municipal corporation 077 . B I1tft � � Jean Stothert, Mayor APPROVED AS TO FORM: Omaha Police Department Canine Associate School Resource Officer (ASRO) 1,/,2 7/5-- )qL1 Assista t City Attorney Date Anthony Ward Date 7 RESOLUTION—ORDINANCE BACKGROUND :� d Tr To: Department Directors < -cy Ti r rr From: Deputy Chief M. Elizabeth DavisT 3, rh r. Police Services Bureau Date: August 17, 2015 1. Chief Schmaderer 4. Mayor's Office 2. Law Department 3. Finance Department Lam' Please sign and forward to the next Department for signature. Please call Daneen at x6158 after signature and when forwarding. Thank you. Subject: Ordinance approving a Contract between the City of Omaha and the Millard Public Schools. Initiated by: Lieutenant Vivian Buckley Reason: To provide up to three Associate School Resource Officers to the Millard Public Schools and one Canine Associate School Resource Officer. Contact Person: Lieutenant Vivian Buckley, x6144, Captain Adam Kyle, 5633 Funding: Reimbursed by Millard Public Schools Reviewed by Law: Assistant City Attorney, Michelle Peters iZZ�I tk\NU_ ORDINANCE NO. yf�,i/,'S - AN ORDINANCE to approve a contract between the City of Omaha and the Millard Public Schools for the City to provide, through its assignment, up to three Associate School Resource Officers, one Canine Associate School Resource Officer, and marked police cruisers, subject to the availability of such cruisers and the School District's needs, to specifically designated locations, involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter, to perform police work at the District property twenty-eight (28) hours(or less) per week while school is in session during the regular school year, and twenty-eight (28) hours per PRESENTED TO COUNCIL week while school is in session during the regular school year for the Canine 1st SEP 2 2 20t5 Associate SRO, from August 10, 2015 �Rea ing 9X.5- and ending at the close of the 2015 — 2016 school year. The reimbursement payment from the Millard Public Schools Hearing SEP 2 9 2Ot5 ! wpm PUBLICATIONS to the City will be in the amount of //6' $28.50 per hour for each officer; and PUBLICATION OF HEARING $33.50 per hour for the canine officer; and $5.00 per day for the canine officer Final Reading OCT — 6 2015 Date --, 1 - ) 5 when school is not in session (summer break); and to provide for an effective date hereof. Passed o PUBLICATION OF ORDINANCE OPD1431ddr Date /ig—1 ` f q BUSTER BROWN / City Clerk