INTERGOVERNMENTAL AGREEMENT

SCHOOL RESOURCE OFFICERS AND SCHOOL SPECIAL EVENTS

BETWEEN: The City of Eugene, a unit of local (“City”)

government of the state of Oregon

AND: Eugene School District 4J, a unit of local (“District”)

government of the state of Oregon

CONTRACT NO.: 2021-03203 (City)

EFFECTIVE DATE: July 1, 2020

RECITALS

A. ORS 190.010 provides that units of local government may enter into agreements for the
performance of any and all functions and activities that any party to the agreement, its
assigned personnel, or agents have the authority to perform.

B. City, acting through its Eugene Police Department (EPD), provides law enforcement
protection services to the District.

C. City and District desire to collaborate to continue to operate safer school programs for the
purpose of ensuring schools are safe places for students, staff, and members of the
community. City and District will each provide the services described in this Agreement on
the terms and conditions set forth herein and in the following Exhibits:

Exhibit A Services to be Performed

Exhibit B Compensation
Exhibit C Eugene School District 4J Policies
Exhibit D Law Enforcement Vehicle Maintenance

AGREEMENT

1. Services to be Provided. City and District each agree to provide services to the other
as described in Exhibit A, Services to be Performed.

2. Term. The term of this Agreement is from July 1, 2020 through June 30, 2021.

3. Consideration. Exhibit B regarding Compensation details the agreed upon amount for
services including special events.

4. Independent Entity and Employer. Each party is an independent entity and employer
with regard to each other party. Assigned Personnel fall under the command, control,
supervision and direction of EPD, shall remain in the chain of command of EPD, and are
not employees of District for any purpose.

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5. Termination.

a. This Agreement may be terminated at any time by mutual written agreement of the
parties provided to the person designated in paragraph 6.
b. A party may terminate this Agreement upon 30 days written notice to the other
party.
c. A party may terminate this Agreement immediately upon written notice to the other
party, or at such later date as the terminating party may specify in such notice,
upon the occurrence of any of the following events:
i. The terminating party fails to receive funding, appropriations, limitations,
allotments, or other expenditure authority at levels sufficient in the
terminating party’s reasonable administrative discretion, to perform its duties
under this Agreement; or
ii. Federal or state laws, rules, regulations or guidelines are modified or
interpreted in such a way that the terminating party’s performance under this
Agreement is prohibited or the terminating party is prohibited from paying for
such performance from the planned funding source.
d. The terms of this Agreement expressly or by their nature would reasonably be
expected to survive the termination of this Agreement will do so.

6. Contract Administration. Each party designates the following as its representative for
purposes of administering this Agreement:

District Cydney Vandercar, Assistant Superintendent

Eugene School District 4J
200 N. Monroe Street
Eugene, OR 97402

City Finance Manager for Contract Administration:

Eugene Police Department
300 Country Club Road
Eugene, OR 97401
EPDFinance@ci.eugene.or.us

Project Manager for Operations:

Captain Sherri Meisel
541-682-5829
Smeisel@eugene-or.gov

Either party may change its designated representative by giving written notice to the
other as provided in 15.

7. Records/Inspection. City and District shall each maintain records of its costs and
expenses relating to this Agreement for a period of not less than three full fiscal years
following termination or expiration of this Agreement. Upon reasonable advance notice,
either party or its authorized representatives may from time to time inspect, audit, and
make copies of any of the other party’s records that relate to this Agreement.

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8. Indemnification. Each party is responsible and liable for its own wrongful or negligent
acts. Notwithstanding the foregoing, and subject to the Oregon Tort Claims Act, City and
District shall defend, indemnify and hold harmless the other party, its elected officials,
officers, agents, and employees, against any and all claims, actions, liabilities, costs,
including attorney fees and other costs of defense, arising out of or resulting from any
negligent or intentional act or omission of the other’s elected officials, officers, agents
and employees related to the performance of duties under this Agreement. Either party
is entitled to participate in the defense of a claim, and to defend a claim with counsel of
its own choosing. Receipt by the other party of the notice and copies required in this
paragraph and meaningful opportunity for the other party to participate in the
investigation, defense and settlement of the claim with counsel of its own choosing are
conditions precedent to the other party’s liability with respect to the claim.

9. Assignment. Neither party shall assign this Agreement, in whole or in part, or any right
or obligation hereunder, without the other party’s prior written approval.

10. Compliance with FERPA. The parties shall fully comply with the Family Educational
Rights and Privacy Act (FERPA) and all other laws relating to the confidentiality of
student information, as well as district policies JO/IGBAB Education Records/Records of
Students with Disabilities, JOA Directory Information, and JOB Personally Identifiable
Information.

11. Compliance with Laws. Each party shall comply with all applicable Federal, State and
local laws, rules, ordinances, and regulations at all times in the performance of the work.

12. Work Performed on District Property. All District properties are tobacco-free zones;
Assigned Personnel are prohibited from using any tobacco product on District property.

13. Hazardous Materials. City shall notify District before using any products containing
hazardous materials to which District employees, students, or the general public may be
exposed. Products containing hazardous materials are those products defined by
Oregon Administrative Rules, Chapter 437. Upon District request, City must immediately
provide Material Safety Data Sheets to District for all materials subject to this provision.

14. Equipment and Material. Each party shall be responsible for any loss, damage, or
destruction of its own property, equipment, and materials used in connection with the
work.

15. Notices. Any notices permitted or required by this Agreement shall be deemed given
when personally delivered or upon deposit in the United States mail, postage fully
prepaid, certified, return receipt requested and addressed to the representative
designated in paragraph 6. Either party may change its address by notice given to the
other in accordance with this paragraph.

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16. Dispute Resolution. The parties should attempt in good faith to resolve any dispute
arising out of this agreement. This may be done at any management level, including at a
level higher than persons directly responsible for administration of the 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.

17. Integration; Severability; Modification. This Agreement embodies the entire

agreement of the parties. There are no promises, terms, conditions, or obligations other
than those contained herein. This Agreement shall supersede all prior communications,
representations or agreements, either oral or written, between the parties. The parties
reserve the right to renegotiate this Agreement during its term. This Agreement shall not
be amended except in writing, signed by both parties. If any term or provision of this
Agreement is invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby, and each term and provision of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.

18. Choice of Law; Forum. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Oregon. Jurisdiction of any dispute or litigation
arising from or related to this Agreement shall be in the Circuit Courts of the State of
Oregon and venue shall be in Lane County, Oregon.

19. No Third Party Beneficiary Rights. The District and City are the only parties to this
Agreement, which is not intended to, does not, and may not be relied upon to create any
benefit or right to third persons in any civil or criminal matter.

CITY OF EUGENE EUGENE SCHOOL DISTRICT 4J

By: ____________________________ By: ____________________________

(signature) (signature)
Sarah Medary Dr. Gustavo Balderas
City Manager Pro Tempore, City of Eugene Superintendent, Eugene School District 4J

Date: ___________________________ Date: ___________________________

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 INTERGOVERNMENTAL AGREEMENT
SCHOOL RESOURCE OFFICERS AND SCHOOL SPECIAL EVENTS

EXHIBIT A SERVICES TO BE PERFORMED

I. Primary Services Performed by City

A. City will hire, train, select, assign to duty, and supervise four (4) law enforcement
personnel and 40% FTE of a supervising sergeant (Assigned Personnel) to provide
School Resource Officer services at District sites, as further described in this
Agreement. Assigned Personnel are governed by, and will be evaluated in accordance
with, City policies and procedures, EPD’s Police Operations Manual, the EPEA/COE
labor agreement and City, County, State, and Federal laws and rules, except as such
policies are modified or added to by the terms and conditions of this Agreement. Each
Assigned Personnel will work approximately 40 hours per week focusing on specific
school buildings and facilities as agreed by City and District.
B. Assigned Personnel will patrol District schools during hours agreed upon by District
and City so as to maximize the effectiveness of the assigned personnel in achieving
the following duties:
1. Serving as a liaison between EPD and school and district administrators for
school and police related concerns and incidents;
2. Sharing educational resources for instructional programs about law
enforcement, health and safety, and drug and alcohol education;
3. Assisting school and district administrators to enhance safety and security on
school campuses and at school sponsored activities, including providing
preventative visibility;
4. Working cooperatively with district staff and students using the principles of
community policing;
5. Facilitating a coordinated effort in dealing with youth problems involving school,
parents, police, and other community agencies.
6. Assisting school and district administrators with school emergencies and
threats;
7. Ensuring that the school administrator remains aware of material interactions
and information involving the SRO’s work;
8. Complying with School Board policies attached to this agreement in Exhibit C.
C. Assigned personnel shall devote all of their work time providing services to the District
on District premises unless an emergency requires City to order the SRO to a different
location, the SRO Sergeant and District Director of Public Safety agree in writing
otherwise, or the SRO is attending trainings mandated by this Agreement at a non-
District location.
D. Each officer will be assigned one of the four regions (North, South, Churchill, and
Sheldon) of the school district and the schools operating within the assigned region.
Assigned Personnel will provide service to the high, middle, and elementary schools in
their assigned region with the officer’s primary duty at the high school they are
assigned.

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 E. The SRO shall not administer school discipline such as detentions, suspensions, or
expulsions. These decisions are the sole responsibility of the school personnel.
F. SRO’s must be clearly identified as law enforcement. The uniform apparel, normal duty
gear, and law enforcement equipment shall be provided and as defined by City policy.

II. Primary Services Performed by District

A. District agrees to provide the following services at no expense to the City:
1. District shall provide suitable office space, supplies and telephones for use by
Assigned Personnel.
2. District shall make available at least one seven-hour daily classified person (or
the equivalent) for each District high school to support the function of campus
supervision.

III. Vehicles
A. City will provide four marked law enforcement vehicles to be used by Assigned
Personnel. City agrees to provide the maintenance, repair, fuel, and upkeep of the
vehicles at law enforcement standards.

IV. Special Events

A. City agrees to provide Assigned Personnel for Special Events, such as afterschool
events and activities held by District, in such number and at such times and positions
as is mutually agreed to by both parties.
1. District shall provide notice of each event to City no less than two (2) weeks
from the event to ensure that staffing is available.
2. District and City mutually agree that if District provides less than two (2) weeks’
notice of an event, City will make reasonable effort, with no guarantee, to
provide services.
3. District agrees to provide City with a minimum of twenty-four (24) hours’ notice
of an event cancellation. If District fails to provide twenty-four (24) notice, City
may invoice District if required to compensate the Assigned Personnel per the
EPEA/COE labor contract.
B. The Assigned Personnel Sergeant will ensure that two (2) officers are assigned for
each Special Event unless the school requires more than two (2) officers for unusual
circumstances.
1. Special Event assignments are outside of normal Assigned Personnel duties
and compensated at the current overtime reimbursable rate.
2. During the workweek, Special Events are an extra duty event subject to a three
(3) hour minimum callback period.
3. During the weekend, Special Events are an extra duty event subject to a four
(4) hour minimum callback.
C. City and District will allow Assigned Personnel flexibility to work a modified schedule,
providing it is mutually beneficial for both parties and approved by District Director of
Public Safety and Sergeant in charge of the School Resource Officer (SRO) team.

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 District and SRO Sergeant will agree to in writing any schedule or work location
changes for Assigned Personnel (i.e.: officer time-off, training, court, extra-assigned
duties to ensure school coverage).
D. City will invoice District after each Special Event for Assigned Personnel hours at the
reimbursable rate for overtime established for that fiscal year (see Exhibit B
Compensation) and apply the appropriate EPEA/COE labor contract clause.

V. Training
A. City and District agree that specialized training is required for Assigned Personnel and
that the training will be mutually beneficial to both parties.
B. City shall ensure that the SRO is trained in school-based policing as the duties and
responsibilities of an SRO are inherently different from other law enforcement
specialties.
1. The SRO shall be certified at a minimum in the Basic SRO course, or
equivalent training, prior to initial assignment, or if not practical, within one year
of assignment.
C. City shall ensure that the SRO attends annual training related to school-based training.
District agrees to reimburse City for cost of training as stated in Exhibit B
Compensation. Training topics may include, but are not limited to:
• SRO School (Advanced)
• NASRO SRO Courses
• Emergency Preparedness Planning – School Vulnerability
• Threat Assessment (Mental, Emotional, Physical)
• Cyber Crimes and Related Internet Investigations
• OC Fit / Child Forensic Interviewing Course
• Active Threats
• The TRIAD Approach to School Based Policing (Teacher, Counselor, and Law
Enforcement Officer)
• Teen Dating Violence
• Student Civil Rights in Schools
• Mental Health/ Crisis Intervention Training (CIT)
• Laws governing the release of student information (FERPA)
• Title IX
• Implicit Bias, Equity, and Cultural Competency
• Restorative Justice Practices
• De-escalation and Conflict Management
• Positive Behavior Support Systems
• Trauma-Informed Care

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 INTERGOVERNMENTAL AGREEMENT
SCHOOL RESOURCE OFFICERS AND SCHOOL SPECIAL EVENTS

EXHIBIT B COMPENSATION

A. Personnel Budget for July 1, 2020–June 30, 2021

Personnel FTE Total cost District Share

Officer, Step 6 with Applicable Premium Pay 4.00 $770,045 $385,022
Sergeant, Step 6 with Compaction Pay 0.40 $196,084 78,433
Training 10,000
Summer Program Camp 2,500
TOTAL $475,956
Overtime As Agreed
Materials and Supplies Not Included

B. Special Events Overtime Rates and Reimbursement

Approved overtime incurred by Assigned Personnel will be reimbursed based on the per hour
charge at time and a half based on salary, fringe, and premium pay of Police Staff Step 6 at time
of service, plus the applicable federal indirect rate, calculated by EPD Finance. EPEA represented
employees’ rates may change based on the City/ EPEA Contract Articles 16.2 and 16.3.

Rates are listed below for July 1, 2020–June 30, 2021 overtime. Overtime hours and rate will be
clearly marked on all invoices.

Overtime Work Week Weekend

Assigned Personnel Rate Event Event
Officer $ 120.41
Detective $ 134.79 Three-hour Four-hour
Sergeant $ 149.06 minimum minimum
Lieutenant $ 163.93 callback callback
Captain $ 193.00

C. Annual Budget Increase

City shall notify District by May 1 of each contract year of Personnel Budget increase request.
Increase shall not exceed the percentage increase to the US Consumer Price Index Urban Wage
Earners and Clerical Workers (CPI-W) for all US Cities as reported by the US Department of Labor
for the prior 12 months (March to March) and subject to a minimum of 2% and a maximum of 4%.

D. District-wide school closures

In the event of district-wide school closures of school to students of more than one week due to a
contingency such as a pandemic, outbreak of infectious disease, quarantine or restrictions
recommended or required by public health authorities, compliance with any law or agency rule or
guideline, or natural calamity, that results in a need to reduce services by Assigned Personnel, the
total district share of personnel pay costs listed in Paragraph A ($463,455) above will be reduced
by 1.923 percent (1.923%, or $8,912.60) per week of closure, excluding the initial week. If the
district determines a need to continue services by Assigned Personnel during the school closure,
the reduction will be prorated. For example, a 50% reduction of services in a week would result in

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 a 0.9615% (or $4,456.30) reduction for that week.

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 INTERGOVERNMENTAL AGREEMENT
SCHOOL RESOURCE OFFICERS AND SCHOOL SPECIAL EVENTS

EXHIBIT C EUGENE SCHOOL DISTRICT 4J POLICIES

The following policies of the Eugene School District 4J are included in this Exhibit C and shall be
incorporated into this contract:

1. Policy AC – Nondiscrimination
2. Policy JO/IGBBA - Education Records/Records of Students with Disabilities
3. Policy JOA – Directory Information
4. Policy JOB – Personally Identifiable Information
5. Policy KN – Cooperation with Law Enforcement Agencies
6. Student Rights and Responsibilities Handbook
Such policies may be modified or added to by the District during the term of this Agreement, and shall
be incorporated into this Agreement prospectively upon 30 days’ notice.

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 INTERGOVERNMENTAL AGREEMENT
SCHOOL RESOURCE OFFICERS AND SCHOOL SPECIAL EVENTS

EXHIBIT D LAW ENFORCEMENT VEHICLE MAINTENANCE

This exhibit details standards and responsibilities for repairs and maintenance for City vehicles used
by Assigned Personnel to perform services in this Agreement.

City Responsibilities

City will provide at law enforcement standards the maintenance, repair, and upkeep of the four (4)
assigned City police vehicles while used to perform services under this contract to include, but not be
limited to, the following items:
1. Oil changes using parts and supplies meeting OEM standards for vehicles.
2. Belt maintenance and replacement meeting OEM standards.
3. Check and fill fluid reservoirs for vehicle systems.
4. Vehicle lights, test and replace.
5. Facilitation of any warranty repairs as the vehicle owner.
6. Items exceeding standard maintenance and repairs to include, but not be limited to,
transmission, engine, drive line, body work, window repair, and vehicle computers.
7. All industry-standard equipment purchase, maintenance, wiring, and installation to include, but
not be limited to, emergency lights, siren, MDTs, firearm security locks, scanners, decals, and
partitions.
8. Cleaning of interior and exterior of vehicle.
9. Scheduling and delivering vehicle for maintenance at City Shops site.
10. Installation of tires that are similar quality, design, and acceptability for industry use as
needed.

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