EHS%20PRO%20Officer%20Agrmnt.pdf

Parent document: Regular Board Meeting - 5_30 p.m.-02-20-2024.pdf

Text

AGREEMENT

This Agreement, made and entered into this day of , 2024 by and
between the Randolph County Commission (hereinafter referred to as “GRANTEE”

and the Randolph 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 have a police officer serve as
Prevention Resource Officer in the Randolph County 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 1_(one) police officers, assigned a Prevention
Resource Officer, (hereinafter referred to as “PRO”) to the Randolph County
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.


1.04

1.05

1.06

1.07

1.08

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 compliant 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.

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

a. 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. To be 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 workday 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.

SECTION 2. DUTIES AND RESPONSIBILITIES OF BOARD

2.01 The principal at the designated school (this may change with each grant. It
could be the Project Director of the grant or the supervisor of the police
department, etc.) 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.

2.02 Payments shall be made in six 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 a
rate of (Cpl. Ethan Carr - $23.34 per hour) and shall be made within 14 (fourteen)
days of receipt of the invoice. Grantee and Grantor will split 50/50 the total cost
of Cpl. Ethan Carr’s salary and benefits.

The following section may change per grantee:

SECTION 3. TERM OF AGREEMENT

3.01 This agreement shall be made for a six (6) month term beginning the 1 day of
January, 2024, through the 30th day of June, 2024.

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 effects 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 save 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 and immunities.

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 to 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 or 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:

GRANTEE NAME DATE
BOARD OF EDUCATION DATE

To be passed by both entities Randolph County Commission and the Randolph
County Board of Education.