Ripley%20High%20School%20PRO%20Agreement%202024%202025%2C%20May%202%202024%20Board%20Agenda.pdf

Parent document: May 2, 2024, Regular Session-05-02-2024.pdf

Text

AGREEMENT

This Agreement, made and entered into this 2nd day of May, 2024 by and between the
City of Ripley (hereinafter referred to as “GRANTEE” and the Jackson County Board of
Education, West Virginia hereinafter referred to as “BOARD”).

WITNESSETH

WHEREAS, the BOARD has established a Prevention Resource Officer Program
(hereinafter referred to as “PRO Program”); and

WHEREAS, the BOARD agrees for Grantee to have police officers serve as
Prevention Resource Officers in the Jackson school system and;

WHEREAS, the GRANTEE and the BOARD understand that the Program is
established for the purpose of assistance in the prevention of juvenile delinquency
through programs specifically developed to respond to those factors and conditions which
give rise to delinquency; and

WHEREAS, the GRANTEE and the BOARD realize the PRO program is a great
benefit to school administration, students and the community as a whole.

NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:

Section 1. DUTIES AND RESPONSIBILITIES OF GRANTEE

1.01 The GRANTEE shall provide a police officer assigned as a Prevention Resource
Officer, (hereinafter referred to as “PRO”) to the secondary school system
operated by the BOARD.

1.02 PRO shall abide by County School Board Policies and laws, as they relate to
School Prevention Resource Officers. The PRO shall consult and coordinate
instructional activities through the principal. Activities conducted by the PRO,
which are part of the regular instruction program of the school, shall be under the
direction of the principal. The BOARD shall approve the content of educational
programs and instructional materials used by the PRO.

1.03 The PRO will provide to student's instruction in various aspects of law
enforcement, public safety and education as requested and supervised by
teachers.


1.07

GRANTEE shall be responsible for the control and direction of all aspects of
employment of the police officer assigned to the PRO Program.

GRANTEE shall ensure that the exercise of the law enforcement powers by the
PRO is in compliance with the authority granted by law.

GRANTEE shall hold harmless the BOARD for any injuries suffered by Prevention
Resource Officer arising under their employment with the PRO Program.

The PRO shall not function as a school disciplinarian, or safety officer. It is not the
responsibility of the PRO to intervene with the normal disciplinary actions of the
school system or be used as a witness to disciplinary procedures in the school.
The PRO will, at all times, be expected to act within the scope of authority granted
by the law. The PRO will perform duties to the following:

a. To perform law enforcement functions within the school setting.

b. To identify and prevent, through counseling and referral, delinquent behavior,
including substance abuse.

c. To foster a better understanding of the law enforcement function.

d. To develop a better appreciation of citizen’s rights, obligations and
responsibilities.

e. To provide information about crime prevention.

f. To provide assistance and support for crime victims identified with the school
setting.

g. To promote positive relations between students and law enforcement officers.
h. To enhance knowledge of the fundamental concept and structure of law.
i. Tobe familiar with confidentiality requirements.

The police officer may not be changed during the course of the agreement by the
GRANTEE unless the substitute officer has received the required training. The
PRO shall be on duty at the school during regular school hours when students are
required to attend and when the required PRO training programs are conducted,
unless police department emergency needs or law enforcement requirements
prohibit.


1.09 The PRO shall not be required to attend extracurricular activities, which are held
beyond his/her regular work day nor require the PRO to leave his/her jurisdiction
but the PRO shall have the option if they choose to do so.

1.10 The PRO shall have access to all data contained in the WVEIS system, the school
administration student systems, and any other disciplinary and attendance
information.

The following Section may change per grantee:
SECTION 2. DUTIES AND RESPONSIBILITIES OF BOARD

201 +The principal at the designated school shall be the on-site contact person for the
PRO. The Superintendent of the BOARD shall designate the Prevention Resource
Officer Coordinator to serve as the county liaison for the program.

202 Payments shall be made in twelve installments upon submission of monthly
invoices by the GRANTEE and certification by the principal or his/her designee
that the services rendered were satisfactory. The monthly payments shall be based
on arate of (see attached documents) per hour and shall be made within 15 days
of receipt of the invoice.

The following Section may change per grantee:
SECTION 3. TERM OF AGREEMENT

3.01 This agreement shall be made for a 12-month term beginning the 1° day of July
2024 through the 30" day of June 2025.

3.02 This agreement shall continue in effect until the duration of the term as described
in paragraph 3.01 or until terminated by either of the parties in accordance with the
term listed in section four below.

SECTION 4. TERMINATION

4.01 Either party may terminate this agreement by serving written notice upon the other
party at least thirty (30) days in advance of such termination.


SECTION 5. INVALID PROVISION

5.01 Should any part of this Agreement be declared invalid by a court of law, such
decision shall not affect the validity of any remaining portion which shall remain in
full force and effect as if the invalid portion was never a part of this Agreement
materially affect any other rights or obligations of the parties hereunder, the parties
hereto will negotiate in good faith to amend this Agreement in a manner
satisfactory to the parties.

SECTION 6. INDEMNIFICATION

6.01 The BOARD agrees to indemnify and save harmless the GRANTEE for any liability
whatsoever arising out of the negligent acts of the Board’s employees or agents in
directing the PRO in the performance of their instructional programs. The
GRANTEE agrees to indemnity and safe harmless the BOARD of any liability
whatsoever arising to employment as defined by City Ordinances and West
Virginia State Law. Nothing in this Agreement shall be construed to affect in any
way the GRANTEE or the BOARD’S rights, privileges, andimmunities.

SECTION 7. ASSIGNMENT

7.01 Neither Party to the Agreement shall, directly or indirectly, assign or purport to assign
this Agreement or any of its rights or obligations in whole or in part of any third
party without the prior written consent of the other party.

SECTION 8. NO WAIVER

8.01 The failure of either party to enforce at any time any of the provisions, rights, or
elections or in any way effect the validity of this Agreement. The failure to exercise
by either party any of its rights herein contained shall not preclude or prejudice it
from exercising the same or any other right it may have under this Agreement,
irrespective of any previous action or proceeding taken by it hereunder.

SECTION 9. COMPLETE AGREEMENT

9.01 This Agreement is the complete Agreement of the parties; may be amended or
modified only in writing; and supersedes, cancels, and terminates any and all prior
agreements or understandings of the parties, whether written or oral, concerning
the subject matter hereof.


SECTION 10. CHOICE OF LAW

10.01 This Agreement shall be governed by and construed and interpreted according to
the laws of the State of West Virginia. It shall be binding upon and insure to the
benefit of the successors of the GRANTEE and BOARD.

SECTION 11. NOTICES

11.01 All notices or other communications required or permitted by this Agreement shall
be in writing and deemed effectively delivered upon mailing by certified mail, return
receipt requested, or delivered personally to the following persons and addresses
unless otherwise specified herein:

Carolyn Rader, Mayor Date
City of Ripley
James E. Frazier, President Date

Jackson County Board of Education

To be passed by both entities:
City of Ripley and the
Jackson County Board of Education