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Prevention Resource Officer Program
Juvenile Justice
Sample Agreement
AGREEMENT
This Agreement, made and entered into this ______day of ___________, 200__ by and between the ____________________________________ (hereinafter referred to as "GRANTEE" and the ___________________County Board of Education, West Virginia hereinafter referred to as "BOARD".)
WITNESSETH
WHEREAS, the BOARD has established a Prevention/Retention Officer Program (hereinafter referred to as "PRO Program"); and
WHEREAS, the BOARD agrees for Grantee have a police officer serve as Prevention/Retention Officer in the ______________________ 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 ______(#) police officer(s), assigned a Prevention/Retention 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/Retention 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 GRANTEE shall be responsible for the control and direction of all aspects of employment of the police officer assigned to the PRO Program.
1.05 GRANTEE shall ensure that the exercise of the law enforcement powers by the PRO is in compliance with the authority granted by law.
1.06 GRANTEE shall hold harmless the BOARD for any injuries suffered by Prevention/Retention Officer arising under their employment with the PRO Program.
1.07 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:
- To perform law enforcement functions within the school setting.
- To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse.
- To foster a better understanding of the law enforcement function.
- To develop a better appreciation of citizen's rights, obligations and responsibilities.
- To provide information about crime prevention.
- To provide assistance and support for crime victims identified with the school settings.
- To promote positive relations between students and law enforcement officers.
- To enhance knowledge of the fundamental concept and structure of law.
- To be familiar with confidentiality requirements.
1.08 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.
The following Section may change per grantee:
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/Retention Officer Coordinator to serve as the county liaison for the program.
2.02 Payments shall be made in ten (could be up to twelve, depending on grant) 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 $______ per hour and shall be made within _________ 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 10-month (could be up to twelve, depending on grant) term beginning the ___ day of _______________ (July, August or September, depending on grant) 200__, through the 30th day of _________ (May or June, depending on grant) 200__.
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 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 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:
__________________________ ______________
Grantee Name Date
__________________________ _______________
Board of Education Date
To be passed by both entities _____________________________and the _________________County Board of Education.
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