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,
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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,
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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:
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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
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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.
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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.
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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