HomeMy WebLinkAboutVIII-06 Authorize Signature - School Resource Officer and Traffic Control Agent Program Agreement City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Dave Wilske, Chief of Police
Date: September 3rd, 2024
Item: Renewal of the 2024-2026 School Resource Officer and Traffic Control Agent Contract between
the City of Hastings and ISD 200.
Council Action Requested:
Approval of the attached contract.
Background Information:
The Hastings Police Department and ISD 200 have long had a joint School Resource Officer (SRO)
program. The program provides for an on-site Hastings police officer who specializes in issues of
significance to youth and collaborates with school staff to promote the safety of students, staff, and the
community.
In addition, HPD and ISD 200 developed a Traffic Control Agent program. This mutual effort provides
limited traffic control at intersections near school facilities where school bus, other vehicular traffic, and
pedestrian traffic can become congested during morning and afternoon hours. The program provides
temporary, part-time “Traffic Control Agents” under the police department’s statutory authority to
control traffic in affected areas.
The agreement has been updated to encompass wage increases for SRO and Traffic Control Agents.
There were additional legislative changes and required language for the SRO contract, which has been
added to the document.
Financial Impact:
SRO Program as budgeted. TCA program is budget neutral.
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
2024-2026 School Resource Officer and Traffic Control Agent Agreements.
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SCHOOL RESOURCE OFFICER AND
TRAFFIC CONTROL AGENT PROGRAM AGREEMENT
This School Resource Officer and Traffic Control Agent Program Agreement (the
“Agreement”) dated this ___ day of __________, 20__, is entered into by and between
the City of Hastings (“City”), a municipal corporation, and Hastings Independent School
District No. 200 (“School District”), a political subdivision of the State of Minnesota.
RECITALS
WHEREAS, the School District and the City desire to join in a mutual effort to
maintain a cooperative and coordinated approach building positive relationships with
students, deterring criminal activity, and addressing criminal activity on school property
and at School District sponsored events and activities; and
WHEREAS, Minnesota Statute § 126C.44 authorizes the School District to
contract with the City to have licensed peace officers provide school resource officer
services in the School District’s schools; and
WHEREAS, the School District and the City desire to join in a mutual effort to
provide limited traffic control at intersections near school facilities where school bus,
vehicular, and student pedestrian traffic can become congested during morning and
afternoon hours when students are arriving at and leaving the school facilities; and
WHEREAS, the City employs sworn police officers specially trained, experienced
and competent to provide the services sought by the School District and the City is willing
to provide such services to the School District under the terms and conditions provided in
this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained in this Agreement and other valuable consideration, the sufficiency of which is
hereby acknowledged, the School District and City agree as follows:
1. Purpose
The City and School District will collaborate on a School Resource Officer Program (the
"SRO Program") between the City and School District. Both the City and School District
have determined that the SRO Program is beneficial to school and community safety and
promotes collaboration between police, school, staff, counselors, parents, and students.
This Agreement is intended, in part, to set forth the terms and conditions, to create, fund,
and implement the position of a police School Resource Officer ("SRO").
The City and School District will also collaborate on a Traffic Control Agent Program (the
"TCA Program") between the City and School District. Both the City and School District
have determined that the TCA Program is beneficial to school and community safety and
will promote safety of students, staff, and the public at large. The purpose of this
Agreement is, in part, to set forth, the terms and conditions, to create, fund, and
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implement the positions of Traffic Control Agent ("TCA").
2. Funding - SRO Program
The City and School District will jointly fund the following expenses in connection with
the offering of the SRO Program.
A. SRO salary at 50%-50% split to be paid at the top patrol rate and mid-range
longevity step, as more fully identified on Exhibit A.
B. SRO related benefits, including, but not limited to health insurance, retirement,
workers compensation, sick time, vacation and disability pay at 50%-50% split,
as more fully identified on Exhibit A.
C. Training costs to be borne by the City unless specific training is requested or
required by the School District in which case those training costs will be borne
by the School District.
D. Equipment maintenance and replacement will be primarily the responsibility of the
City with the School District contributing a fixed portion of these program costs as
detailed in Exhibit A and will be subject to annual review.
E. Overtime for special events as may be required for the safety of students, staff,
and visitors to School District facilities will be determined on an annual basis
and shared between the City and the School District based on average overtime
hours utilized as specified in Exhibit A.
The parties agree to review shared costs on an annual basis by June 30th of each year
the Agreement is in effect. In the event the parties cannot reach agreement on the
allocation of shared costs there shall be no annual adjustment for the upcoming year and
the City and School District may each exercise their right to terminate this Agreement as
provided herein. In the event the School District or the City should receive a grant or
special funding to offset the costs of the SRO Program, the grant funding or special
funding shall be applied against, and offset, the costs borne by the entity receiving the
grant or special funding.
3. Funding-Traffic Control Agent (TCA) Program
It is intended the City and School District will utilize existing school patrol personnel
previously employed by the School District as Traffic Control Agents (TCAs). Those
individuals selected to act as TCAs shall receive all background checks, equipment and
training generally necessary to qualify as a City of Hastings Reserve Officer. By meeting
the qualifications of a City of Hastings Reserve Officer, the TCAs shall have authority
pursuant to Minn. Stat. § 626.84 to provide traffic control at the direction of the Hastings
Police Department. The TCAs shall be employees of the City but the School District will
reimburse the City all costs associated with the employment of the TCAs. The parties
agree to review the costs of funding the TCA Program on an annual basis by June 30th
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of each year the Agreement is in effect. In the event the parties cannot reach agreement
as to the costs for the TCA Program, there shall be no adjustment for the upcoming year
and the City and School District may each exercise their right to terminate this Agreement
as provided herein.
4. Services
A. SRO Program. The City shall provide the services of a licensed police officer or
officers and related support services and supplies to assist the School District in
establishing and maintaining the program at the assigned school(s). The SRO(s)
will have the duties as described on the attached Exhibit B. The School District
agrees to provide adequate office space, telephone access, computer and printer
for use by the SRO(s). To foster the building of positive relationships between the
SRO and students, the City shall use best efforts to ensure that the same licensed
police officer regularly provides SRO services at the assigned school(s), except
when the SRO is on paid leave or is otherwise absent.
B. TCA Program. The City shall provide the necessary background investigations,
training and equipment for the TCAs and shall provide the TCAs to assist the School
District in traffic control duties at intersections near school district facilities as more
fully described on Exhibit C.
C. Objections to Personnel. The City will undertake reasonable efforts to assign
SROs and TCAs who are acceptable to the School District. The School District’s
Superintendent will notify the City’s Chief of Police in writing of any concerns related
to an SROs or TCAs job performance. Any request for reassignment of a police
officer who is working as an SRO or individual serving as a TCA must be made to
the City’s Chief of Police. The City will have ten (10) calendar days to demonstrate
to the School District’s satisfaction that the concern has been addressed. If the
concern has not been addressed to the School District’s satisfaction after ten (10)
calendar days, the City will assign a different licensed police officer to serve as the
regular SRO or other individual to serve as a TCA under this Agreement.
5. Payment
The City shall provide billing statements to the School District for services provided herein
on a semi-annual basis on June 30 and January 1 of each year. Such statements will be
due and payable by the School District to the City no more than thirty (30) days after
receipt of the same. The billing to the School District shall be done so in arrears of service
provision (January billing shall cover the period of July 1 through December 31).
6. Term
This Agreement shall commence on the 1st day of August, 2024, and shall end on the
31st day of July, 2026, subject to the cost adjustments and right of either party to terminate
as provided herein. The Agreement may be renewed for additional one-year periods as
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agreed by both parties, and upon the same terms and conditions as stated herein.
7. Independent Contractor
The City, through its Chief of Police, will remain free to exercise judgment and
professional expertise in determining how to best provide the services described in this
Agreement. The City acknowledges that no withholding for state or federal benefits or
taxes will be made from the payments due the City by the School District. The City also
acknowledges that it has the sole obligation to comply with state, local and federal tax
provisions with regard to these services and the employees hired by the City to perform
the work described herein, including workers compensation laws. At all times and for all
purposes, the City is and will remain the exclusive employer of the SROs who perform
services pursuant to this Agreement. No SRO may be considered to be an official,
employee, agent, educational service provider, or representative of the School District,
and no SRO may make any representation to the contrary. The City maintains full control
over the police officers it employs and is solely responsible for all employment and
administrative functions related to its employees, including, but not limited to, supervision
and evaluation, payroll and deductions, maintenance of all required insurance and any
labor disputes or grievances.
The City and any City employee who performs services for the School District agree that
the employee shall not accrue any continuing contract rights and the employee
specifically waives any right to a continuing contract with the School District. The City
agrees that if the employee makes any employment claim or brings any employment
action of any kind, the City will be solely responsible for the defense and payment of any
claim as the employee is not an employee of the School District.
8. Scheduling
The duty hours of the SRO are flexible and will be primarily coordinated with the school
day and/or activities upon agreement with the School District. Generally, a “school day”
means a day on which school is in session and general student attendance is required,
including any make-up days that are scheduled because school was canceled for any
reason. The SRO will make daily contact with the police department for the purpose of
keeping abreast of incident reports and other City activities that may be of importance to
the safety of students and School District staff. During non-school periods, the SRO's
duties and schedule will be determined by the Chief of Police.
Unless an absence is caused by an emergency, the SRO at the assigned school(s) will
provide reasonable notice to the Principal or Principal’s designee if the SRO will be absent
from the school property during the school day. The SRO shall be entitled to be absent
from performing SRO duties for up to fifteen (15) school days per year for purposes of
attending law enforcement training courses, conferences, meetings or vacations. The City
shall advise the School District if an SRO is anticipated to be absent for more than two
(2) consecutive days and the parties shall discuss what accommodations can be provided
to account for the extended absence.
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The duty hours of the TCAs will be primarily coordinated with the arrival and departure of
students from school facilities during regular school days and upon agreement with the
School District. The City shall be primarily responsible for scheduling the TCAs but the
City will take all reasonable input from the School District.
9. Termination of this Agreement
Either party may terminate this Agreement by providing written notice to the other party
no less than six months prior to the effective termination date.
10. Temporary Emergency Reassignment
The City reserves the right to remove an SRO from performance of its duties pursuant to
this Agreement in the event of an emergency or extenuating circumstances that
necessitate the SRO to perform other police activities for the City outside of school
property. If, in the discretion of the Chief of Police, it becomes necessary to remove the
SRO from the district, the Chief of Police will immediately inform the School District
officials in advance of such action.
11. Security/Linking
The SRO(s) office will be locked and secured by a key issued only to the SRO(s).
The SRO(s) will be provided a suitable computer, monitor and printer and any other items
or services necessary, at the expense of the School District, so that the SRO will have
full access to the City email and network system and the School District's email and
network system at all times the SRO(s) is working pursuant to this Agreement.
12. Indemnity and Hold Harmless
A. The City agrees to indemnify and save harmless the School District of and from
any and all liability and expenses, including attorneys' fees, of any nature
whatsoever (including any claim on account of any injuries, disease, or claimed
injuries or diseases compensable under the Worker's Compensation Laws of the
State of Minnesota) resulting or in any manner arising out of the use by the City of
any property, structures, or equipment of the School District (whether improved,
modified, altered, or developed by the School District or otherwise) or any activities
sponsored by the City taking place on such property, structures or equipment.
B. The School District agrees to indemnify and save harmless the City of and from any
and all liability and expenses, including attorney's fees, of any nature whatsoever
(including any claim on account of any injuries, diseases, or claimed injuries or
diseases compensable under the Worker's Compensation Laws of the State of
Minnesota) resulting or in any manner arising out of the use by the School District
of any property, structures or equipment of the City (whether improved, modified,
altered, or developed by the School District or otherwise) or any activities sponsored
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by the School district taking place on any such property, structures or equipment.
C. The indemnity provisions of Subparagraph A shall not apply to any liability incurred
by the School District as a result of any negligent, wrongful or tortuous acts of the
School District, its officers, agents or employees.
D. The indemnity provisions of Subparagraph B hereof shall not apply to any liability
or expenses incurred by the City as a result of any negligent, wrongful or tortuous
acts of the City, its officers, agents or employees.
E. The parties agree to cooperate with one another in the defense of any claim,
demand or rights of action within the terms of this Agreement.
F. In no case shall either party's obligation to indemnify the other party exceed the
statutory liability limit of the other party.
13. Amendments
This Agreement contains the full understanding and agreement between the parties and
may not be amended except in writing agreed to and executed by both parties. If any
provision of this aAgreement is found invalid by a court or agency, it shall not invalidate any
remaining provisions.
14. Data Practices
Sharing of data will be done only pursuant to the Minnesota Data Practices Act and the
Family Educational Rights of Privacy Act. Any data shared between the two parties
to this Agreement will be maintained in the accordance with state and federal law. The
parties acknowledge that unless the School District is reporting a suspected crime or
another statutory exception applies, the School District may not disclose private
educational data to the SRO or TCA without the written consent of the student’s parent
or guardian (or the written consent of the student if the student is eighteen (18) years of
age or older); a lawfully issued subpoena; or a court order. Nothing in this Agreement
may be construed to modify the responsibilities of either party under the Minnesota
Government Data Practices Act or the School District’s responsibilities under the Family
Educational Rights of Privacy Act. Because the City and the officer(s) are not employees
of the School District, any violation of the state or federal law in this regard is the sole
responsibility of the City and the officer and each agrees to hold the School District
harmless if a claim or action arises because of the City's actions or omissions. The City
shall provide reasonable data privacy training to all SROs.
15. Discrimination
The City and School District agree not to discriminate in providing services under this
aAgreement on the basis of race, sex, creed, national origin, age, or religion. The
parties agree not to discriminate as required by state and federal laws. In addition, the
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School District and the City each specifically agree not to discriminate unlawfully against
any student in any program, service, activity, or decision based on race, color, religion,
age, sex, disability, marital status, sexual preference, gender identity, public assistance
status, creed, or national origin.
16. Interpretation
This Agreement shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of
the parties, it being recognized that both the City and the School District have contributed
substantially and materially to the preparation of this Agreement.
17. Construction
The headings of the sections and subsections of this Agreement are for convenience and
reference only and do not form a part hereof; and in no way interpret or construe such
sections and subsections. Wherever the context requires or permits, the singular shall
include the plural, the plural shall include the singular and the masculine, feminine and
neuter shall be freely interchangeable. It is agreed that nothing herein contained is
intended or should be construed in any manner as creating or establishing the relationship
as co-partners, joint venture, or joint enterprise between the parties hereto or as
constituting either party as an agent, representative or employee of the other for any
purpose or in any manner whatsoever.
18. Parties in Interest
This Agreement shall be binding upon and inure to the benefit of the parties' respective
heirs, representatives, successors, and assigns. This Agreement is for the sole benefit of
City and the School District (including a permitted assignee), and no third party is intended
to be a beneficiary of or have the right to enforce this Agreement.
19. Attorney's Fees
In the event of litigation between the parties in connection with this Agreement, the
prevailing party (i.e. the party whose position is substantially upheld by the court) shall be
entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
The obligation in the immediately preceding sentence shall survive any termination of this
Agreement or the closing.
20. Definitions
If any date herein set forth for the performance of any obligations by the parties or for the
delivery of any instrument or notice as herein provided should be on a Saturday, Sunday
or legal holiday, the compliance with such obligations or delivery shall be deemed
acceptable on the next business day following such Saturday, Sunday or legal holiday.
As used in this Section, the term "legal holiday" means any state or federal holiday for
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which financial institutions or post offices are generally closed in the State of Minnesota.
The term "including" shall mean including, as an example, without limiting the generality
of the foregoing.
21. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
document. A signature page to any counterpart may be detached from such counterpart
without impairing the legal effect of the signatures thereon and thereafter attached to
another counterpart identical thereto except having attached to it additional signature
pages.
22. Governing Law
This Agreement shall be construed as to both validity and performance and enforced in
accordance with and governed by the laws of the State of Minnesota.,
23. Headings
The headings contained herein are for convenience of reference only and do not affect,
define, describe or limit the scope or intent of this Agreement or any of its provisions.
24. Notices
Notice to City provided for herein shall be sufficient if sent by the regular United States Mail,
postage prepaid, addressed to City of Hastings, City Administrator, 101 East 4th Street,
Hastings MN 55033. Notices sent to School District shall be sufficient if sent by the regular
United States Mail, postage prepaid, addressed to ISD #200, Attention: Superintendent,
1000 West 11th Street, Hastings MN 55033. Either party may designate to each other in
writing from time to time a different address for notice.
25. Dispute Resolution
In the event of any dispute arising under this Agreement, the parties shall first engage in
good faith discussions and negotiations to resolve the dispute. In the event that the
dispute cannot be resolved by the parties, then the matter shall be subject to court action
and jurisdiction in the District Court of Dakota County, Minnesota. In any dispute arising
under this Agreement, the prevailing party will be entitled to an award against the non-
prevailing party of all costs, disbursements, and reasonably attorneys’ fees incurred in
any action for damages, specific performance, or equitable relief.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
City of Hastings
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_____________________________ _____________________
Mary Fasbender, Mayor Date
_____________________________ _____________________
Kelly Murtaugh, City Clerk Date
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Hastings Independent School District No. 200
_____________________________ _____________________
Dr. Tammy Champa, Superintendent Date
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EXHIBIT A
SCHOOL RESOURCE OFFICER PROGRAM COSTS
Personnel
Costing based on the top annual patrol rates averaged throughout the life of
the contract
SALARY AND BENEFITS
Description Amounts
Wages (top patrol & mid-range longevity) $113,080.73
Longevity $2,472.72
Medicare $1,639.67
Insurance $23,900.17
PERA $20,015.29
Work Comp $6,355.14
Long-term Disability $334.51
________________________________________________
Program Total $167,793.23
City of Hastings Contribution (50%) $83,896.62
School District Contribution (50%) $83,896.61
School District Officer Other Billable Costs – Per Agreement
40 hours OT – wage cost only $2,907.15
Equipment – Mileage $3,000.00
________________________________________________
Other Billable Total $5,907.15
The City of Hastings shall bill only for actual expenses as agreed upon in the contract.
Overtime
As requested by the School District and with the approval of the Chief of Police and/or
his designee, the SRO may be authorized to work special events outside of the regular
schedule to promote public safety and enhance security of students, staff, and visitors. In
accordance with the current collective bargaining unit agreement, the SRO or other
officers working these special events are entitled to overtime compensation. The multi-
year average for special event overtime (homecoming, prom, school dances, certain
athletic events, etc.) has averaged more than 80 hours with a time and one half converted
value of 120 hours. Recognizing the joint nature of the SRO Program and the desire to
provide the School District with a fixed cost of the SRO Program, the City shall invoice
the School District for 40 hours of special event overtime at a time and one half pay rate.
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Training
Cost of in-service and professional development training shall be the responsibility of the
City, unless it is specifically requested by the School District. The assigned SRO will be
allowed by the School District to attend in-service and professional development training,
as mandated to keep peace office license current.
Equipment
Reimbursement for emergency vehicle and equipment costs at $250.00/month/$3,000
per year to offset City cost of fuel, vehicle and equipment maintenance.
Request for Additional Services
With ISD200 Superintendent approval, School District administrators and school
administrators may request that the City assign one or more police officers to provide
additional services, including, but not limited to, attendance at a school board meeting,
an extracurricular activity, or a community function that is held in the evening that results
in the police officer working more than forty (40) hours in a week. The City will make
reasonable efforts to accommodate such request. When the City assigns a police officer
to provide additional services, the School District will be responsible for paying the police
officer’s wages, including overtime pay and any other employment costs incurred, for the
hours worked while providing such additional services. The City will submit an itemized
invoice to the School District describing the additional services provided and the costs the
City incurred in providing the additional services. Within thirty (30) calendar days after
receipt of the invoice, the School District will pay the City for the amount of the additional
services stated on the invoice. If the School District disputes the amount of an invoice,
the School District will pay the undisputed amount within thirty (30) calendar days.
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EXHIBIT B
SCHOOL RESOURCE OFFICER PROGRAM
SRO DUTIES AND REQUIREMENTS
The SRO reports to Hastings Police Administrative Sergeant and/or Divisional
Lieutenant in collaboration with school administrators.
Job Duties
The SRO will work towards carrying out the mission of the Hastings Police
Department (HPD) within the school community. The SRO will act in their capacity
and authority as a Police Officer for the City of Hastings Police Department to provide
a safe learning environment, to prevent crime, and to investigate and solve crimes.
Additionally, the SRO will:
Foster a positive school climate through relationship building and open
communication.
Protect students, staff, and visitors to the school grounds from criminal activity.
Serve as a liaison from law enforcement to school officials.
Provide advice on safety drills.
Identify vulnerabilities in school facilities and safety protocols.
Educate and advise students and staff on law enforcement topics.
Enforce criminal laws.
Follow all policies and procedures of the Hastings Police Department
(HPD).
Follow the HPD chain of command.
Work with the school administration and staff.
Work with building facilities personnel on issues related to building security.
Work with school staff in a fair and impartial manner to identify pre- delinquent
youth (at risk) and will assist in targeting the appropriate resources necessary
to prevent delinquent acts.
Not discipline students for infractions of school rules.
Serve as a conduit of information between students, staff, parents and Dakota
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County Social Services, the City of Hastings, and all law enforcement, court,
and non-governmental agencies.
Strive to develop and facilitate regular meetings of school staff, police, Dakota
County Criminal Justice officials (probation, CAC, County Attorney), Dakota
County Social Services officials and other staff deemed necessary to enrich
the learning environment or increase the safety of the schools.
Work with School District personnel and Dakota County officials on truancy
issues.
Complete appropriate police reports, according to City of Hastings Police
Department policy.
Meet with parents and educators (staff) as necessary to facilitate conflict
resolution within the school.
Be notified immediately by school administration personnel when crisis response
has been activated by the school on any problem.
Monitor and develop a working knowledge of all students who are likely to cause
problems or law violations within the school setting.
Intervene and take appropriate action within their authority as SRO when school
crisis intervention is not successful.
Provide education programs as requested.
Provide school staff in-service education as may be requested.
Work at promoting positive image of ISO 200.
Meet regularly with other SROs in Dakota County.
Position Requirements
The assigned officer will have at least 24 months of service to the Hastings Police
Department or possess special skills/training related to working with juveniles.
The assigned officer will work a flexible schedule, but will generally be scheduled on
school days beginning at 7:00 AM and ending at 3:00 PM.
Uniform and/or plain clothes, as authorized by the Chief of Police in consultation with
School District administration.
Possess interest and willingness to continually work to improve knowledge related to
juvenile justice issues.
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Will be reassigned as needed by the Hastings Police Department when not serving in
SRO function.
Will continue to attend POST courses as needed to maintain license (will notify school in
advance of absence and coordinate emergency contact coverage with department
supervisor).
Will respond to emergencies as needed outside of school.
Will maintain regular communication with school and Dakota County Communication
Center.
Will work with staff at all lSD 200 schools.
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EXHIBIT C
TRAFFIC CONTROL AGENT PROGRAM
COSTS, DUTIES AND REQUIREMENTS
Costs
TCAs shall be temporary, part-time employees of the City of Hastings entitled to an
hourly wage of:
$16.25 per session with a minimum payment of one hour per session. Effective August
1, 2024, and continuing for the 2024-25 and 2025-26 school years.
Emergency School Closing
In the event of a school closing called by the Superintendent, due to weather conditions
or any other conditions, personnel who were scheduled to work will be paid.
As temporary part-time employees, TCAs shall not be entitled to other employment
benefits, unless otherwise noted in MN Statute.
The City will be obligated to ensure Worker's Compensation insurance coverage for all
TCAs, as well as, required tax, FICA, Medicare, and retirement withholdings as may be
required by law.
The work schedule for TCAs shall be set by the School District.
The School District shall reimburse the City for fill costs incurred for the employment of all
TCAs.
Training and Equipment
The City shall provide training to all TCAs sufficient for the TCAs to qualify as Hastings
Police Reserve Officers. This shall include all necessary background checks, initial
training and annual training and development. For the initial training and providing
equipment to the TCAs, the School District shall pay to the City $2,500.00 to reimburse
the City for its cost of training and providing equipment as agreed upon during the annual
program/contract review but will not exceed $500.00 unless agreed upon by both parties.
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