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Item 4D - Memo M E M O R A N D U M September 19, 2023 To: Mayor and City Council From: James Brandon, Chief of Police Subject: Keller ISD MOU for Florence Elementary Action Requested: Approve MOU between the City of Southlake and the Keller Independent School District to provide an SRO for Florence Elementary. Background: The purpose of this item is to request approval of the MOU between Keller Independent School District and the City of Southlake maintaining the terms under which the City shall provide the District with services performed by a School Resource Officer. The term of this agreement shall be for one year beginning August 16, 2023, and ending May 23, 2024. It shall thereafter automatically renew annually for additional one-year terms unless Keller ISD or the City of Southlake requests termination of the agreement as stated within the MOU. This MOU agreement mirrors the terms and conditions included in the Carroll ISD MOU which was approved by City Council on August 4, 2015. Strategic Link: C1 - Achieve the highest standards of safety & security. Legal Review: The proposed MOU was reviewed by the City Attorney’s Office. Supporting Documents: 1. Agreement for School Resource Officers Between the City of Southlake and the Keller Independent School District Staff Recommendation: Staff recommends approval of the MOU Agreement as proposed. Item 4D STATE OF TEXAS COUNTY OF TARRANT ;; Agreement for School Resource Officers Between the City of Southlake and the Keller Independent School District This Agreement is made by and between the Keller Independent School District, 350 Keller Parkway, Keller, Texas, herein called the 'District', and the City of Southlake, Texas, 1400 Main Street, Southlake, Texas, herein called the 'City', for the purpose of establishing and maintaining the terms under which the City shall provide the District with services performed by a School Resource Officer `SRO'. WHEREAS, the Southlake Police Department has instituted a cooperative school resource officer program in schools contained within the City of Southlake to combat juvenile delinquency, to personally assist students with various problems associated with potential involvement with law enforcement, 4o develop and maintain positive relations between students and Southlake police officers, and to assist schools in maintaining a safe, orderly and secure environment for learning; and WHEREAS, District operates Florence Elementary School within the City of Southlake and desires to participate in the cooperative school resources officer program provided by the City; NOW, THEREFORE, for and in consideration of the mutual undertakings herein set forth, the District and the City agree as follows: 1. Agreement for SRO Officers: City agrees to assign a police officer to serve as a SRO at Florence Elementary School. 2. Training and Equipment: a. The City shall provide law enforcement training and certification, Basic SRO training, a police vehicle, and other police equipment including communication equipment necessary to allow the officer to communicate with the City's Police Department and other officers. AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 1 b. The District shall provide the SRO with office space, basic office furniture, a telephone, a District email address, a District radio, and a laptop and/or iPad. The SRO will be required to sign and comply with the polices applicable to all District personnel regarding use of the District computer networks and internet access. c. The District will provide annual training for the SRO in connection with the duties of the SRO, to include the following: training on the application and requirements of District operations; confidentiality of student records and information under the Family Education Rights and Privacy Act (FERPA); crisis prevention training (CPI); and other trainings or meetings deemed necessary by the District and beneficial to the SRO or as required by law. Nothing contained herein shall restrict an officer's method of response during investigations of criminal activity or response to behavior that violates criminal laws or threatens the safety of a student or others. 3. Duties of School Resource Officers: The primary function of the SRO shall be to protect the safety of students and faculty, provide campus security, investigate criminal offenses, and plan and participate in law enforcement operations designed to prevent juvenile delinquency. Specific Duties shall include: a. Monitoring access to the school grounds and assisting in limiting access to the school grounds to authorized persons only; b. Providing police protection of school property, personnel and students; c. Patrolling school property during school hours; d. Answering calls for assistance from school officials; e. Investigating criminal acts committed by and to juveniles on and off school grounds and serving as liaison between the District and the Police Department and other agencies of the juvenile justice system as determined by the Chief of Police, or his/her designee; f. Making and preparing reports and documentation on criminal activities; g. Making court appearances as necessary, related to events occurring within the officers' jurisdiction as addressed herein; h. Answering calls and assisting with the facilitation of dispute resolution between AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 2 students, students and school authorities and parents and school authorities; i. Being available as a resource person to teach, lead a discussion, or offer information on topics on which the officer has special competence due to law enforcement training; j. Providing a high visibility crime deterrent on school property in order to effectively promote security and order in the schools; k. Attempting to detect and identify the early signs of deviant behavior associations; 1. Supporting student adherence to District's Student Code of Conduct; m. Assisting with traffic control and direction during times requested by the District and at other times and locations as requested by the District and approved by Chief of Police or his/her designee; n. Being available to respond to a specific location upon request, when a school official is conducting a search of a student and the school official has reasonable grounds to believe that the search will discover evidence that the student has violated or is violating the law or the rules of the school; o. Attending meetings as requested by the District and approved by the Chief of Police, or his/her designee; and p. Completing other duties as assigned by the District and agreed upon by the City's Police Department. Specific limitations: a. The SRO may assist with, but shall not be specifically assigned to perform lunchroom duties, hall monitoring, bus duties, parking lot monitoring, or any other duties which would restrict an officer's ability to investigate or respond to threats to the school or criminal activity. b. When School Administrators discuss school disciplinary matters with students or parents, the SRO may be requested to preserve the peace. While in that capacity, an SRO will not intervene unless a criminal violation is identified or observed. Any disputes regarding assigned duties and responsibilities will be resolved between the Principal and the officer's supervisor. Should an agreement not be reached, the dispute will be resolved between the Superintendent of the District or Designee and the City's Chief of Police. AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 3 4. Confidentiality: In carrying out duties, the SRO shall at all times recognize and respect the confidentiality of student and education records and shall seek access to such records only in accordance with the requirements of the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g ("FERPA") and Keller ISD Board Policy FL (LEGAL) and (LOCAL). 5. Jurisdiction: When acting as a commissioned peace officer on District property, the officer's jurisdiction shall include, in addition to his/her jurisdiction as a City of Southlake Police Officer, all territory within the boundaries of Florence Elementary School and all property, real and personal that is within Southlake city limits and owned, leased, or rented or otherwise under the control of District by and through administrators of Florence Elementary School. Infractions of school rules, policies, or any behavior deemed inappropriate by the SRO, will be reported by the SRO to the appropriate school officials within a practical time frame. 6. School Resource Officer Selection, Direction and Supervision: The SRO shall be assigned by and responsible to the Southlake Police Department, subject to approval by the Superintendent or Designee. The Principal of the school may participate in the evaluation process for the SRO in the form of formative and summative feedback to the SRO Supervisor. The Principal may request specific assistance from the SRO, and the SRO shall endeavor to provide such assistance, except to the extent this agreement excludes such matters from the duties of the SRO, or the SRO believes such request is contrary to law or principles of good judgment; and further provided that no specific assignments can be made that would interfere with the officer's primary law enforcement, investigation, and security responsibilities. The Principal or his/her designated representative shall be kept informed of the officer's activities and shall be notified of all custodial arrests or detentions that occur at Florence Elementary School. While the SRO assists school officials as outlined in this Agreement, they are first, and foremost, police officers and employees of the City of Southlake. 7. SRO Work Hours: City shall assign the SRO to work primarily during the school day, reporting a minimum of fifteen (15) minutes before school starts and remaining on duty a minimum of fifteen (15) minutes after the school day ends. SROs are given a one (l) hour lunch on instructional days during the regular school term. Other hours may be necessary to accomplish security or investigative responsibilities. AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 4 A Principal may request the SRO work after -school, evening, or weekend events for purposes of security. District will provide reasonable notice to the SRO of the need to work after -school, evening or weekend events. The City will provide and pay the SRO's salary and employment benefits in accordance with the applicable salary schedules and employment practices of the City. The SRO shall be subject to all other personnel policies and practices of the City. To the extent hours requested by the District cause the SRO to work in excess of a 40-hour work week, the District will be responsible for 100% of the overtime pay for school events in excess of the 40- hour work week, including the cost of any additional fringe benefits which would accrue due to such work. Each SRO will report to their SRO Supervisor, and shall follow the education laws of the state and the policies and procedures promulgated by the Keller ISD Board of Trustees to the extent they are applicable to the SRO and to the extent the duties do not conflict with the policies and procedures of the City. The supervisory personnel of the SROs who are responsible for their direct supervision shall be available upon request to meet and confer at mutually agreed times with designated officials of the District. 8. Officer Performance: If a Principal is not satisfied with the performance of the SRO, or has a concern regarding a specific incident, the Principal should immediately contact the SRO supervisor. The SRO supervisor will handle the inquiry or complaint per police department guidelines. The Superintendent and the Chief of Police or their designated representatives are authorized to establish and modify rules and procedures concerning the SRO's duties and schedule so long as they both agree on such changes in writing. The District will have no authority to discipline a SRO, or to take any other action other than to express concerns to the Chief of Police. All issues of discipline, termination or transfer of an SRO shall remain the exclusive province of the City. 9. Remuneration for Services -Overtime Hours: The District is responsible for one hundred percent (100%) of all school -related overtime hours worked by SROs at the request of the Principal. The City shall calculate the total overtime compensation due and shall provide this information to the District together with an invoice three (3) times a year on or about December 1, March 1, and June 1. The District shall pay such invoices within thirty (30) days of receipt. The District shall make payments for the SRO from current revenues available to the District. AGREEMENT FUR SCHOOL RESOURCE OFFICERS PAGE 5 10. Responsibility for Actions: It is specifically agreed that, as between the Parties, each Party to this Agreement shall be individually and respectively responsible for responding to, dealing with, insuring against, defending and otherwise handling and managing liability and potential liability pursuant to this Agreement; each Party hereto reserves -and does not waive any defense available at law or in equity; any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstances arising under this Agreement. 11. Term: The term of this Agreement shall be for a period of one (1) year beginning _August 16, 2023 and ending May 23, 2024 . It shall thereafter automatically renew annually for additional one-year terms unless either Party shall request termination at least thirty (30) days in advance of the period, in writing, and forwarded to the other Party at the below address. 12. Termination: Either City or School District may cancel this Agreement by giving the other Party thirty (30) days written notice of cancellation at the address listed below. If this Agreement is terminated prior to the end of the Agreement year, the City shall be entitled to a reimbursement of the overtime that occurred between the date of the last invoice and the effective date of the Agreement cancellation. 13. Agreement Dispute Resolution: In the event that the Parties to this Agreement dispute the terms, application of the terms of this Agreement, or performance hereunder, the Parties hereto agree, as a condition precedent to filing or pursuing any legal remedy (including suit in any court or arbitration), the Parties agree to participate in good faith in a full day of non -binding mediation, assisted by a trained neutral mediator. 14. Applicable Law: This Agreement is made subject to the provisions of the Charter and Ordinances of Southlake, as amended, and applicable State and Federal laws. 15. Immunity: Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to the City or the District or to create any legal rights or claim AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 6 on behalf of any third party. Neither District nor City waive, modify or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas. 16. Governing Law: This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 17. Legal Construction: In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of it and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 18. Venue: The obligations of the Parties are performable in Southlake, Texas and if legal action is necessary to endorse same, exclusive venue shall be in Tarrant County, Texas. 19. Entire Agreement: This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to matters in this Agreement, and except as otherwise providing herein, cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 20. Notice: Any notices or other communication hereunder shall be in writing, shall be sent via registered or certified mail, and shall be deemed given when received. If to the District: Keller Independent School District 350 Keller Parkway Keller, Texas 76248 Attn: Superintendent If to the City: AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 7 City of Southlake 1400 Main Street Southlake, Texas 76092 Attn: City Manager IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed. AGREED TO: KELLE D ENDEN C DISTRICT By: Marks Randklev, President Board of Trustees ATTEST: By. "- J040aw Smith, Secretary Bo d of Trustees Date: 3 AGREED TO: CITY OF SOUTHLAKE, TEXAS By: ATTEST: By: John Huffman, Mayor Amy Shelley, City Secretary Date: AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 8 APPROVED AS TO FORM: By: Prftafid Name Legal Counsel for Keller ISD By: E. Allen Taylor, Jr. City Attorney AGREEMENT FOR SCHOOL RESOURCE OFFICERS PAGE 9