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Home My WebLink About5I School Resource Officer services JPA Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 14, 2016 AGENDA #: 5I PREPARED BY: MARK ELLIOTT, CHIEF OF POLICE PRESENTED BY: MARK ELLIOTT, CHIEF OF POLICE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR SCHOOL RESOURCE OFFICER FOR THE PERIOD 2016-2019 WITH ISD 719, PRIOR LAKE-SAVAGE SCHOOLS DISCUSSION: Introduction The purpose of this agenda item is enter into a joint powers agreement with ISD 719 for School Resource Officer (SRO) services. History The Prior Lake Police Department has provided SRO services to the middle schools located in the city for several years. There have been past joint powers agreements, but there is not a current agreement in place. In 2016 ISD 719 was invoiced for the SRO services but a new agreement was not signed. The past agreements have called for the city and the district to equally share in the cost of the officer on a 50/50 basis for 9 months of the year. Current Circumstances The Prior Lake Police Department has an officer assigned as an SRO to the two middle Schools located within the city limits, Twin Oaks and Hidden Oaks. The SRO also handles services at the Area Learning Center (also in the city limits) on an as needed basis. The Savage PD provides the SRO for the high school since it located within the Savage City limits. The SRO handles police related issues at the schools as well as providing a uniformed presence for the deterrence of criminal activity during the school day. The SRO works with the building administration to address needs and concerns. Conclusion It is recommended that the city council approve this mutually beneficial agreement in order to continue to deliver efficient public safety services to the city and the schools. This JPA is substantially similar to the one between the city of Savage and ISD 719, and has been reviewed by the city attorney. ISSUES: This new agreement outlines each entities responsibilities. FINANCIAL IMPACT: No new financial impact, continues with the same funding rate calling for the city and the district to equally share in the cost of the officer on a 50/50 2 basis for 9 months of the year. This funding is incorporated in the city’s budgets. ALTERNATIVES: 1. Approve Joint Powers Agreement as part of the consent agenda. 2. Remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR SCHOOL RESOURCE OFFICER FOR 2016-2019 Motion By: Second By: WHEREAS, The City of Prior lake and Independent School District 719, Prior Lake-Savage School District have a long history of collaboration; and, WHEREAS, Both parties agree that the school resource officer program in the middle schools has been mutually beneficial; and, WHEREAS, Both the city and the school district desire to continue this program from 2016 to 2019 with five year extensions possible; and, WHEREAS, A revised Joint Powers Agreement has been drafted and approved by the city attorney, NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The terms of the 2016-2019 Joint Powers Agreement and hereby approved. 3. The Mayor and City Manager are hereby authorized to execute the agreement on behalf of the city. 4. The staff is authorized to take such action as necessary each year to effectuate the provisions of the agreement. PASSED AND ADOPTED THIS 14th DAY OF NOVEMBER 2016 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT ("Agreement”) has been entered into as of the 14th day of November, 2016, by and between the City of Prior Lake, a Minnesota Municipal Corporation and political subdivision of the State of Minnesota ("City"), and Independent School District No. 719 ("School District''), pursuant to Minnesota Statutes Section 471.59. 1. PURPOSE. The purpose of this Agreement is to create, fund, and implement the position of Youth Relations Officer/School Resource Officer ("Officer"). 2. JOB DESCRIPTION. The Officer will be assigned by the City. The Officer will report to and be directed by the Chief of Police for the City, but will consult regularly with the School District. A representative of the School District may take part in the interview for the position. The Officer shall be assigned to Prior Lake Middle Schools during those times in which students are in attendance as part of the standard daily curriculum. 3. FUNDING. The School District shall reimburse one-half of the costs incurred by the City to employ the Officer including costs for wages and benefits for nine months, plus associated squad costs. The payment schedule for reimbursement to the City shall be as follows: 2016/2017 School Year - $47,130 2017/2018 School Year - $48,072 2018/2019 School Year - $48,793 For every school year, thereafter, the reimbursement amount shall increase by 2 percent each year. 4. BILLING. The City shall invoice the School District on January 1, 2017 for the 2016/2017 school year and annually each year thereafter on January 1 for the current school year. The School District shall pay all such invoices within 30 days of receipt. 5. TERM. This Agreement shall commence on November 15, 2016 and shall expire on August 1, 2019. This Agreement shall automatically renew for consecutive 5 year terms until revised by mutual consent or terminated by either party upon 180 days’ advance written notice. 6. CITY OF PRIOR LAKE EMPLOYEE. The Officer is a City employee and shall not be considered an employee of the School District for any purpose, including, but not limited to salaries, wages, other compensation or fringe benefits, workers' compensation, unemployment compensation, PERA, FICA, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. 7. PROVISION, OWNERSHIP AND DISTRIBUTION OF PROPERTY AND EQUIPMENT. The School District will provide the Officer a secure furnished office space and telephone at no charge to the City. The City will furnish the Officer necessary law-enforcement equipment at no expense to the School District. Each party hereto shall maintain ownership of all property and equipment provided for and in furtherance of the purpose of this Agreement. At the termination of this agreement, any property and equipment so provided shall remain the property and equipment of the party supplying or providing the property and equipment. 8. DAMAGE TO PROPERTY OR EQUIPMENT. Each party shall be responsible for damage to or loss of any property or equipment furnished by that party in furtherance of the purpose of this Agreement. Each party waives the right to sue the other party for any damages to or loss of its property or equipment, even if the damages were caused wholly or partially by the negligence of the other party, its officers, agents, or employees. Neither party shall be liable or responsible to the other party for depreciation of any property or equipment. 9. INDEMNIFICATION. Each party shall be liable for its own acts, and those of its respective officers, agents, and employees, to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other party, its officers, agents, and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers, agents or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, officers or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. No party to this Agreement shall be required to pay on behalf of itself or the other party any amount as indemnification to the party, arising pursuant to this Agreement expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the party required to pay as established in Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the party required to pay. The limits of liability of the parties may not be added together to increase the maximum amount of liability for any party. The intent of this section is to limit each party’s obligation to indemnify the other party. In those instances, in which a party is directly liable for damages as well as for indemnification to the other party, the combined liability of the party will not exceed the limits of liability under Minnesota Statutes Chapter 466 applicable to the liable party or if Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the liable party. 10. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the enforceability and validity of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. IN WITNESS, WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF PRIOR LAKE 41-6005469 Federal Tax Identification Number BY: __________________________ Ken Hedberg, Mayor BY: Frank Boyles, City Manager INDEPENDENT SCHOOL DISTRICT 719 BY: _______________________________ Dan White, School Board Clerk BY: _______________________________ Teri Staloch, Superintendent