Agenda Item - 2024-07-16 - Number 06.4 - Resolution 24-26, IGA with the School District for SRO Services 6.4
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Subject: Resolution 24-26, Intergovernmental Agreement (IGA) with the Lake Oswego School
District (LOSD) that continues funding for one of two assigned Lake Oswego Police
Department (LOPD) School Resource Officers (SROs) to the LOSD for the 2024-2025 year.
Meeting Date: July 16, 2024 Staff Member: Clayton Simon, Police Captain
Report Date: July 5, 2024 Department: Lake Oswego Police Department
Action Required Advisory Board/Commission Recommendation
❑X Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑X Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Adopt Resolution 24-26, Authorizing the City Manager to sign an IGA
with LOSD to continue SRO services.
Recommended Language for Motion: Move to adopt Resolution 24-26.
Project/ Issue Relates To: Public safety and community engagement in schools.
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
EXECUTIVE SUMMARY
Prior to 2019, the LOPD provided one SRO to the LOSD at no cost to the district. That year,
following the passage of a Local Option Levy, the City and the LOSD entered into an IGA to add
a second, district funded SRO following the passage of Resolution 19-37.
Since that time, the City and LOSD have continued the agreement and two SROs have been
assigned to the LOSD. Resolution 24-26 is before the City Council for consideration and
adoption to renew this agreement through 2025.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
BACKGROUND
For a number of years LOPD and LOSD have agreed that having an SRO in the schools is a
benefit for both parties and for our community. In 2017 LOPD dedicated a full-time officer to
the school district to provide services to both students and staff. This position was fully funded
through the Police Department's budget.
Both the LOSD and LOPD quickly realized that one SRO was not sufficient to address the needs
of all the schools in the district. The one SRO at that time was not able to fully engage with the
students and staff to the extent needed in most situations. Following the passage of a Local
Option Levy in 2019, a second, district funded SRO was assigned to the LOSD.
Since 2019, each SRO has been responsible for approximately five schools, with each assigned
to one high school. This has allowed more time to engage with students and staff and to be
present on the campuses.
DISCUSSION
Key components of the LOSD and LOPD agreement include:
• Effective July 1, 2024 and expiring June 30, 2025.
• The LOSD will fund 50%of the City's cost to provide two SROs to the district. The costs
include salary, benefits, and other incidental costs.
• LOPD will continue to backfill the vacated patrol position used to accommodate a
second SRO.
• The arrangement can be terminated by either party at any time following 90 days
written notice.
FISCAL IMPACT
There will be low initial upfront costs related to officer outfitting considering this is a
continuation of an in-place program. The salary, benefits, and incidental costs required for the
position will be funded by the LOSD at $205,000 for this new agreement.
RECOMMENDATION
Approve Resolution 24-26.
ATTACHMENTS
1. Resolution 24-26, IGA with the School District
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
RESOLUTION 24-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING THE CITY
MANAGER TO SIGN THE INTERGOVERNMENTAL AGREEMENT WITH THE LAKE OSWEGO SCHOOL
DISTRICT TO CONTINUE TO PROVIDE SCHOOL RESOURCE OFFICER SERVICES FOR FISCAL YEAR 2024-
2025.
WHEREAS,there is a need to provide School Resource Officer services to the Lake Oswego School
District; and
WHEREAS,the Lake Oswego School District has the funding available to compensate the City of Lake
Oswego for the use of the police department's two School Resource Officers; and
WHEREAS,the City and the Lake Oswego School District have previously entered into intergovernmental
agreements whereby the City has provided School Resource Officer services; and
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City Manager is authorized sign the Intergovernmental Agreement with the Lake
Oswego School District for fiscal year 2024-2025, in substantially the form attached.
Section 2. Effective Date. This Resolution shall take effect upon passage.
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 16th
day of July, 2024.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
RESOLUTION 24-26
Page 1 of 1
EXHIBIT 1
O�lA F POLICE DEPARTMENT
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OR6Go,
INTERGOVERNMENTAL AGREEMENT
BETWEEN LAKE OSWEGO SCHOOL DISTRICT NO.7J AND THE CITY OF LAKE OSWEGO
FOR A DISTRICT-FUNDED SCHOOL RESOURCE OFFICER FOR 2024-2025
This agreement is entered into this 24th day of June , 2024, between the
City of Lake Oswego, a municipal corporation of the State of Oregon (CITY), and Lake Oswego
School District No. 7J, a common school district of the State of Oregon (DISTRICT).
RECITALS
WHEREAS, ORS Chapter 190 allows units of local government to enter into agreements for
performance of any and all functions and activities which such units have authority to perform;
and
WHEREAS, CITY desires to provide,subject to this AGREEMENT,other available funding and
staffing availability up to two (2) members of the Lake Oswego Police Department to the DISTRICT
to serve as School Resource Officers, retroactively beginning July 1, 2024;
WHEREAS, the DISTRICT desires to receive the services up to two (2) Lake Oswego police
officers as School Resource Officers, and will fund 50% of the CITY's cost thereof; and
WHEREAS, the DISTRICT and the CITY previously entered into a similar intergovernmental
agreement for a second School Resource Officer and that agreement expires July 31, 2024; and
WHEREAS, the CITY employs sworn police officers as members of the Lake Oswego Police
Department who are specially trained, experienced, and competent to provide the services as a
School Resource Officer, and the CITY is willing to provide the services of up to two School
Resource Officers to the DISTRICT on the terms and in the manner provided in this AGREEMENT;
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Tel 503.635.0250 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us
LOPD& LOSD DFSRO IGA Page 2 of 7
AGREEMENT
NOW THEREFORE, CITY and DISTRICT agree as follows:
1. TERM
The term of this AGREEMENT shall commence retroactively on July 1, 2024.This
AGREEMENT shall expire on June 30, 2025, unless terminated as specified in Section 7.
2. CITY SERVICES
a. CITY, subject to funding and staffing availability, will designate up to two (2) full-time
sworn police officers from the Lake Oswego Police Department (LOPD)to function as School
Resource Officers (SROs) for the DISTRICT. The SRO(s) shall at all times be an employee of
the CITY, under the supervision and control of the Lake Oswego Police Department Chief of
Police (CHIEF) and shall be subject to the rules and regulations of the CITY.
In the event the CHIEF determines that there is either inadequate funding or staffing,the
CHIEF may reduce the SRO position at the DISTRICT schools from time to time. If the SRO
position is reduced, e.g.,to a half-SRO position, the CHIEF shall notify the DISTRICT of the
reduction in writing not less than 10 calendar days prior to the effective date of the
reduction, if possible. The DISTRICT recognizes that the necessity for SRO position
reductions due to staffing availability may be beyond the control of the CHIEF and that a
shorter notice period may be given.
b. The duties of the SRO(s) shall include the following SERVICES:
i. Establish and maintain a liaison between DISTRICT personnel, LOPD personnel,
and elements of the juvenile justice system.
ii. Serve as a resource to DISTRICT employees such as administrators, faculty and
security personnel as well as students and their guardians,on all law enforcement-
related issues, including crime prevention and investigations.
iii. Provide a visible security presence and threat assessments.
iv. Perform such other duties as may be mutually agreed to by the DISTRICT and the
CHIEF.
c. The locations for the SERVICES contemplated by this AGREEMENT include all DISTRICT
schools. SERVICES performed by the SRO(s) pursuant to this AGREEMENT, including without
limitation any that relate to security, are not intended to supplant those provided by
existing DISTRICT personnel.
3. DISTRICT DUTIES
In addition to other duties specified within this AGREEMENT, DISTRICT shall do the
following:
LOPD& LOSD DFSRO IGA Page 3 of 7
a. Designate a staff member to serve as liaison to LOPD to facilitate
communication between DISTRICT personnel and the SRO(s) and coordinate the
SRO's activities with DISTRICT activities and event.
b. Shall cooperate with the SRO(s)to facilitate performance of the SERVICES pursuant
to this AGREEMENT.
c. Shall provide appropriate office space for the SRO(s)to create a professional and
private working environment, when needed.
4. OPERATIONAL PROCEDURES
a. Uniformed Officer: The SRO(s)will perform their duties in a police uniform approved by
the CHIEF.
b. SERVICES—Timing: CITY shall, following the school calendar, provide the SRO(s) to
DISTRICT with those officers generally serving five (5) days a week and eight (8)
hours each day.Alternative scheduling will be jointly agreed upon by the DISTRICT
and the CITY.
c. Extra-curricular and special events outside the standard work schedule may be
accommodated on a case-by-case basis as mutually agreed upon between the CITY and
the DISTRICT.
d. Deployment of the SRO(s) on days outside of the school calendar is at the discretion of
the CHIEF.
5. METHOD OF COMPENSATION
a. DISTRICT Funding of SRO(s): The DISTRICT will pay the CITY for 50%of the
SERVICES of the SRO(s) though annual payments to the CITY in the amounts
shown on Table 1 below.
b. DISTRICT Payments: DISTRICT shall pay prospectively the fiscal year amount owed as
shown in Table 1 within thirty(30) days of the date of mailing of the invoice by the
CITY. The first fiscal year shall begin on July 1, 2024.
TABLE-1:ANNUAL CONTRACT AMOUNT FOR FISCAL YEAR
Year 1 2024- 2025 $205,000.00
LOPD& LOSD DFSRO IGA Page 4 of 7
c. REFUND: In the event the CHIEF determines that it is necessary to reduce or eliminate SRO
availability during a fiscal year following an SRO absence of more than 14 consecutive
calendar days of reassignment, the City shall refund to the District within 30 days a pro rata
amount based on the pro rata percentage SRO position reduction that was the basis of the
District's fiscal year payment, i.e., reduction from 2 SRO to 1.5 SRO would result in a pro-rata
position reduction of 25% for the balance of the fiscal year. No interest shall be paid on the
refunded amount.
6. SPECIAL PROVISIONS
a. Selection of the SRO(s): The CHIEF or designee will determine those individuals best
suited for the SRO assignment pursuant to current department protocols for specialty
assignment selection and will advise the DISTRICT of the eligible candidate(s). The
CHIEF shall consider input from the DISTRICT representative(s) as to the selection of
the SRO candidates, but the final selection will be at the discretion of the CHIEF.
b. Evaluation of the SRO(s): The CITY is responsible for the evaluation of the SRO(s)
pursuant to CITY policy and procedure. DISTRICT input through the designated
DISTRICT liaison will be considered as part of this process.
c. In a timely manner,the DISTRICT will provide the CHIEF or designee with a copy of any
public record created by the DISTRICT that involves, describes, or relates directly to any
performance or productivity issues or concerns involving the SRO's work performed
under this AGREEMENT.
d. SRO Performance:Any SRO-related questions or concerns raised by the DISTRICT will be
provided to the CHIEF or their designee so as to appropriately provide clarification
and/or rectify any issues pursuant to CITY protocols and procedures.
7. TERMINATION
a. DISTRICT or CITY may terminate this AGREEMENT without cause any time after the date
of this AGREEMENT, by giving 90 days written notice to the other party. In the event of
termination by DISTRICT, DISTRICT shall nevertheless compensate CITY for any prior
calendar quarter(s), the current calendar quarter in which notice was deemed
delivered, plus the ensuing calendar quarter for the fiscal year that includes the
termination date. CITY shall continue to provide SERVICES during those calendar
quarters after the DISTRICT provided notice to terminate and during the notice period
unless DISTRICT, in the notice, requests CITY not perform SERVICES. The DISTRICT will
provide the CITY with an invoice reflecting credit due it for compensation paid for those
calendar quarters for which SERVICES obligations are not due, provided notice of
termination is deemed delivered prior to January 1, 2025. CITY shall pay the credit
invoice within thirty (30) days of the date of mailing of the invoice by the DISTRICT
b. The notice shall be deemed given when personally delivered in writing to the DISTRICT
or CITY representative or three (3) days after the date the notice is deposited in the
United States mail, first class postage paid, and addressed to the appropriate
representative as specified in the AGREEMENT.
LOPD& LOSD DFSRO IGA Page 5 of 7
8, INDEMNIFICATION AND INSURANCE
a. To the extent permitted by law and within the limits of the Oregon Tort Claims Act, ORS
30.260 through 30.300, each of the parties shall indemnify and defend the other and
their council, board, officers, employees, agents, and representatives from and against
all claims, demands, penalties, and causes of action of any kind or character relating to
or arising from activities under this AGREEMENT (including the cost of defense thereof,
including attorney fees) in favor of any person on account of personal injury, death,
damage to property, or violation of law, which arises out of, or results from, the
negligent or other legally culpable acts or omissions of the indemnitor, its employees,
agents, contractors or representatives. Each party shall give the other immediate
written notice of any action or suit filed or any claim made against that party that may
result in claims or litigation in any way related to this AGREEMENT.
b. Each party agrees to maintain insurance levels or self-insurance in accordance with ORS
30.282, for the duration of this AGREEMENT at levels necessary to protect against
public body liability as specified in ORS 30.269 to 30.274.
9_ ASSIGNMENT
This AGREEMENT may not be assigned or transferred by either Party without the express
written consent of the other Party.
10. NOTICE/REPRESENTATIVES
The CITY and DISTRICT have designated to following representatives to receive Notices and
act in their agency's behalf in the administration of the AGREEMENT:
CITY: Lake Oswego Chief of Police
P.O. Box 369
Lake Oswego, Oregon 97034
DISTRICT: Superintendent
Lake Oswego School District
PO Box 70
2455 Country Club Rd.
Lake Oswego, Oregon 97034
11. GENERAL PROVISIONS
a. The DISTRICT and CITY are the only parties to this AGREEMENT. Except as otherwise
expressly stated in this AGREEMENT, no third party has any right to enforce any
provision of this AGREEMENT, even if the third party is benefited by it.
LOPD& LOSD DFSRO IGA Page 6 of 7
b. If any of the provisions contained in this AGREEMENT are held illegal, invalid or
unenforceable,the enforceability of the remaining provisions shall not be impaired. All
provisions concerning the limitation of liability and indemnity shall survive the
termination of this AGREEMENT for any cause.
c. No waiver, consent, modification or change of terms of this AGREEMENT shall be
binding unless in writing and signed by both parties.
d. In addition to the specified provisions of this AGREEMENT, performance by any Party
shall not be in default where delay or default is due to war, insurrection, strikes,
walkouts, riots, natural disasters, casualties, acts of God, governmental restrictions
imposed or mandated by governmental entities other than the parties, enactment of
conflicting state or federal laws or regulations, new or supplementary environmental
regulation, litigation or similar basis for excused performance that are not within the
reasonable control to the Party to be excused.
e. Each Party agrees to comply with all local, state and federal ordinances, statutes and
laws related to the performance of the SERVICES under this AGREEMENT.
f. The Parties shall attempt in good faith to resolve any dispute arising out of this
AGREEMENT. In addition,the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non-binding arbitration)to resolve the dispute short of litigation.
g. This document constitutes the entire agreement between the parties on the subject
matter hereof and supersedes all prior or contemporaneous written or oral
understandings, representations or communications of every kind on the subject.
h. This AGREEMENT may be executed in one or more counterparts, each of which shall be
deemed an original, and such counterparts shall constitute one and the same
instrument.
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[Signatures on Next Page]
LOPD&LOSD DFSRO IGA Page 7 of 7
IN WITNESS WHEREOF,the Parties have executed this AGREEMENT as of the date first written above.
CITY OF LAKE OSWEGO
Approved as to Form:
Digitally signed by Evan Boone
By: / �;`� Date:2024.06.24 15:13:49
07'00'
Martha Bennett Evan Boone, Deputy City Attorney
City Manager
LAKE OSWEGO SCHOOL DISTRICT No. 7J
BY: C
Jennifer Schiele
Superintendent