Common use of NON-DISCRIMINATON Clause in Contracts

NON-DISCRIMINATON. In the performance of work under this contract, MMSD agrees not to discriminate against any employee or applicant for employment because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity, political beliefs, or student status. MMSD further agrees not to discriminate against any subcontractor or person who offers to subcontract on this contract because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national origin. In the performance of work under this contract, CITY agrees not to discriminate against any MMSD employee, volunteer, student or student family member because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, political beliefs, or student status. CITY further agrees not to discriminate against any employee or applicant for employment, subcontractor or person who offers to subcontract on this contract because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, political beliefs, or student status. IN WITNESS WHEREOF, the parties hereto have set their hands at Madison, Wisconsin. THE MADISON METROPOLITAN SCHOOL DISTRICT (Witness) By: Date: Date: (Print Name): Xxxxxxx X. Xxxxx Title: Board of Ed Secretary Signature Page – Continued ERO Contract with MMSD 2016-2017, 2017-2018, 2018-2019 School Years By: Xxxx Xxxxxx, Mayor Date: By: Xxxxxxxx Xxxxxx-Xxxx, City Clerk By: _ Xxxxxxx X. Xxxxx, MPD Chief of Police Date: David, Schmiedicke, Finance Director Xxxxxxx X. May, City Attorney Date: Date: Xxxx Xxxx, Risk Manager Date: The CITY of Madison (“CITY”) through the Madison Police Department (“MPD”) will provide the following service to the Madison Metropolitan School District (“MMSD”): I. The Chief of Police will assign one uniformed Police Officer to West High School, one uniformed Police Officer to East High School, one uniformed Police Officer to Madison Memorial High School, and one uniformed Police Officer to XxXxxxxxxx High School, each officer in the capacity of Educational Resource Officer (ERO). These assignments will be on a full time basis for each school year beginning in September, 2016 and ending June 2019, as more particularly described in par. II A. The assigned officers will be selected in cooperation with the principals of the named high schools. If an ERO is eligible for a one year extension, the principals of the named high schools may provide input on said extension, understanding the final decision is that of the Chief of Police. The West, South, North, and East District Captains will act on behalf of the Chief of Police in recommending the assignment selections. II. The ERO will be organizationally assigned to the MPD district in which the school is located: A. ERO will be under the command of the appropriate district commander and subject to all rules and regulations of the Madison Police Department. 1. The Services performed by EROs under this Contract will commence one week prior to the date school starts and conclude at the end of exam week of each school year covered under this Contract. 2. ERO’s hours of work (8 hours of regular duty, 15 minutes of briefing time) will be 8:00 a.m. to 4:15 p.m. or a similar schedule to coincide with the hours school is in session. This includes administrative time allocated for ERO report completion and ERO class preparation. 3. In the event of a disaster, terrorist attack or other emergency, the Chief of Police has the right to temporarily remove EROs from the schools and reassign them to general law enforcement responsibility. In such event, the Chief of Police shall provide MMSD the earliest practicable notice of the need for and likely duration of the temporary removal. Police personnel shall also promptly meet with MMSD personnel in order to provide advice and assistance to minimize any negative impact on school. The meetings shall occur in advance of the removal unless it is impossible to do so. B. ERO will coordinate daily activities with the school principal/designee. 1. The ERO’s commander will be a resource to resolve any conflicts which may arise in this area. 2. The ERO’s commander must approve any time off requested by the ERO. C. The Parties and their respective personnel will work cooperatively to carry out this ERO contract so as to enhance the safety of students and staff and maintain an environment in which education and learning can take place. It is the intent of this agreement that the relationship between the Parties be characterized by cooperation and mutual respect for each Party’s policies, duties and responsibilities. It is understood that MPD remains responsible to adhere to and comply with its own policies and all applicable local, state and federal law. D. The Parties will share information as necessary for the administration and performance of this Agreement, consistent with local, state and federal law relating to confidentiality and disclosure of public records, including but not limited to MMSD pupil records, created or maintained by educational institutions and law enforcement agencies. Consistent with the foregoing, the Parties shall cooperate and coordinate responses to and investigations of incidents in their mutual interest and promptly debrief all critical incidents or incidents in which the ERO has used force against a student or staff member. EROs will follow the MPD Use of Force Documentation Standard Operating Procedure. 1. For the purposes of access to student records by an ERO, the ERO is also considered a “school official” as provided in the Federal Educational Rights and Privacy Act (FERPA) 20 U.S.C. 1232g. An ERO may be provided access to student information only as needed by the ERO to perform his duties related to educational or school administration activities when the ERO use of such student information remains under the direct control of the MMSD. Such information may include student behavior intervention plan(s) and safety plan(s). An ERO may also be granted access thereto in the event of an emergency situation threatening the health or safety of a student or other individual. The ERO may only redisclose such student information consistent with FERPA and Wisconsin pupil records laws. 2. Records or other information created and maintained by an ERO for the purpose of ensuring the safety and security of persons or property in MMSD schools, or for the enforcement of local, state, or federal laws or ordinances shall not be considered student records – even when such records serve the dual purpose of enforcing school rules – and are not subject to the same prohibitions of access or disclosure by ERO. III. The Parties are committed to providing a balanced approach to police service in the schools reflecting both the educational role and the law enforcement role of the ERO. The ERO duties will include but not be limited to: A. Law enforcement activities. 1. Conduct initial investigations into criminal and ordinance violations occurring on campus and take appropriate enforcement actions. 2. Act as liaison with local law enforcement agencies to exchange basic information concerning students consistent with state and federal laws, and to provide assistance to law enforcement agencies as well as the principal in matters relating to delinquent and criminal activities associated with students who attend the school in the MMSD. 3. Work with school administration to identify conditions which could be harmful to the welfare of students and the safety of the school environment and address those conditions. 4. Collaborate with schools to provide appropriate training regarding ERO response to critical incidents, including crisis intervention and de-escalation techniques, response to school fights and disturbances, and response to students with mental health needs or cognitive disabilities, as well as the use of Restorative Practices and Youth and Community Courts. B. Educational resources to students on issues related but not limited to: 1. Alcohol and other drugs. 2. Understanding laws, ordinances and the juvenile code. 3. The role of law enforcement in the educational setting as well as the role of law enforcement in the community. 4. Violence and other crime prevention as well as personal safety information and instructions. C. Educational resources to parents in areas listed in sec. III.B. above. D. Along with other MPD and MMSD resources, provide training and information to school staff on topics related to alcohol, other drugs, gangs, violence and other crime prevention as well as personal safety and violence diffusion techniques. E. Participate in school administration activities related to: 1. The development of a security plan for the campus. 2. Supporting and reinforcing the implementation of school policies and rules using appropriate, available educational resources and intervention techniques. The parties understand that the intent is not to use the ERO to enforce school policies and rules which are not also violations of the law, but to turn over such enforcement to school authorities. Consistent with MPD and MMSD goals, whenever possible, EROs shall utilize Restorative Practices and/or Youth and Community Courts in lieu of issuing citations or arrest warrants. 3. Faculty and building administrative team meetings. 4. Student discipline. It is understood by the parties that confidential student record information with regard to specific student discipline cases will not be shared with non-school personnel except as provided by MMSD policy, state and federal law, and Section II.D. above. Confidential law enforcement record information with regard to specific cases will not be shared with non-police personnel except as provided by MPD policy or applicable law. 5. Providing expert technical advice to school administration related to topics such as school searches for drugs, weapons or other contraband.

NON-DISCRIMINATON. In the performance of work under this contract, MMSD agrees not to discriminate against any employee or applicant for employment because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity, political beliefs, or student status. MMSD further agrees not to discriminate against any subcontractor or person who offers to subcontract on this contract because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national origin. In the performance of work under this contract, CITY agrees not to discriminate against any MMSD employee, volunteer, student or student family member because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, political beliefs, or student status. CITY further agrees not to discriminate against any employee or applicant for employment, subcontractor or person who offers to subcontract on this contract because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, political beliefs, or student status. IN WITNESS WHEREOF, the parties hereto have set their hands at Madison, Wisconsin. THE MADISON METROPOLITAN SCHOOL DISTRICT (Witness) By: Date: Date: (Print Name): Xxxxxxx X. Xxxxx Title: Board of Ed Secretary Signature Page – Continued ERO Contract with MMSD 2016-2017, 2017-2018, 2018-2019 School Years By: Xxxx Xxxxxx, Mayor Date: By: Xxxxxxxx Xxxxxx-Xxxx, City Clerk By: __ Xxxxxxx X. Xxxxx, MPD Chief of Police Date: _ David, Schmiedicke, Finance Director Xxxxxxx X. May, City Attorney Date: Date: Xxxx Xxxx, Risk Manager Date: The CITY of Madison (“CITY”) through the Madison Police Department (“MPD”) will provide the following service to the Madison Metropolitan School District (“MMSD”): I. The Chief of Police will assign one uniformed Police Officer to West High School, one uniformed Police Officer to East High School, one uniformed Police Officer to Madison Memorial High School, and one uniformed Police Officer to XxXxxxxxxx High School, each officer in the capacity of Educational Resource Officer (ERO). These assignments will be on a full time basis for each school year beginning in September, 2016 and ending June 2019, as more particularly described in par. II A. The assigned officers will be selected in cooperation with the principals of the named high schools. If an ERO is eligible for a one year extension, the principals of the named high schools may provide input on said extension, understanding the final decision is that of the Chief of Police. The West, South, North, and East District Captains will act on behalf of the Chief of Police in recommending the assignment selections. II. The ERO will be organizationally assigned to the MPD district in which the school is located: A. ERO will be under the command of the appropriate district commander and subject to all rules and regulations of the Madison Police Department. 1. The Services performed by EROs under this Contract will commence one week prior to the date school starts and conclude at the end of exam week of each school year covered under this Contract. 2. ERO’s hours of work (8 hours of regular duty, 15 minutes of briefing time) will be 8:00 a.m. to 4:15 p.m. or a similar schedule to coincide with the hours school is in session. This includes administrative time allocated for ERO report completion and ERO class preparation. 3. In the event of a disaster, terrorist attack or other emergency, the Chief of Police has the right to temporarily remove EROs from the schools and reassign them to general law enforcement responsibility. In such event, the Chief of Police shall provide MMSD the earliest practicable notice of the need for and likely duration of the temporary removal. Police personnel shall also promptly meet with MMSD personnel in order to provide advice and assistance to minimize any negative impact on school. The meetings shall occur in advance of the removal unless it is impossible to do so. B. ERO will coordinate daily activities with the school principal/designee. 1. The ERO’s commander will be a resource to resolve any conflicts which may arise in this area. 2. The ERO’s commander must approve any time off requested by the ERO. C. The Parties and their respective personnel will work cooperatively to carry out this ERO contract so as to enhance the safety of students and staff and maintain an environment in which education and learning can take place. It is the intent of this agreement that the relationship between the Parties be characterized by cooperation and mutual respect for each Party’s policies, duties and responsibilities. It is understood that MPD remains responsible to adhere to and comply with its own policies and all applicable local, state and federal law. D. The Parties will share information as necessary for the administration and performance of this Agreement, consistent with local, state and federal law relating to confidentiality and disclosure of public records, including but not limited to MMSD pupil records, created or maintained by educational institutions and law enforcement agencies. Consistent with the foregoing, the Parties shall cooperate and coordinate responses to and investigations of incidents in their mutual interest and promptly debrief all critical incidents or incidents in which the ERO has used force against a student or staff member. EROs will follow the MPD Use of Force Documentation Standard Operating Procedure. 1. For the purposes of access to student records by an ERO, the ERO is also considered a “school official” as provided in the Federal Educational Rights and Privacy Act (FERPA) 20 U.S.C. 1232g. An ERO may be provided access to student information only as needed by the ERO to perform his duties related to educational or school administration activities when the ERO use of such student information remains under the direct control of the MMSD. Such information may include student behavior intervention plan(s) and safety plan(s). An ERO may also be granted access thereto in the event of an emergency situation threatening the health or safety of a student or other individual. The ERO may only redisclose such student information consistent with FERPA and Wisconsin pupil records laws. 2. Records or other information created and maintained by an ERO for the purpose of ensuring the safety and security of persons or property in MMSD schools, or for the enforcement of local, state, or federal laws or ordinances shall not be considered student records – even when such records serve the dual purpose of enforcing school rules – and are not subject to the same prohibitions of access or disclosure by ERO. III. The Parties are committed to providing a balanced approach to police service in the schools reflecting both the educational role and the law enforcement role of the ERO. The ERO duties will include but not be limited to: A. Law enforcement activities. 1. Conduct initial investigations into criminal and ordinance violations occurring on campus and take appropriate enforcement actions. 2. Act as liaison with local law enforcement agencies to exchange basic information concerning students consistent with state and federal laws, and to provide assistance to law enforcement agencies as well as the principal in matters relating to delinquent and criminal activities associated with students who attend the school in the MMSD. 3. Work with school administration to identify conditions which could be harmful to the welfare of students and the safety of the school environment and address those conditions. 4. Collaborate with schools to provide appropriate training regarding ERO response to critical incidents, including crisis intervention and de-escalation techniques, response to school fights and disturbances, and response to students with mental health needs or cognitive disabilities, as well as the use of Restorative Practices and Youth and Community Courts. B. Educational resources to students on issues related but not limited to: 1. Alcohol and other drugs. 2. Understanding laws, ordinances and the juvenile code. 3. The role of law enforcement in the educational setting as well as the role of law enforcement in the community. 4. Violence and other crime prevention as well as personal safety information and instructions. C. Educational resources to parents in areas listed in sec. III.B. above. D. Along with other MPD and MMSD resources, provide training and information to school staff on topics related to alcohol, other drugs, gangs, violence and other crime prevention as well as personal safety and violence diffusion techniques. E. Participate in school administration activities related to: 1. The development of a security plan for the campus. 2. Supporting and reinforcing the implementation of school policies and rules using appropriate, available educational resources and intervention techniques. The parties understand that the intent is not to use the ERO to enforce school policies and rules which are not also violations of the law, but to turn over such enforcement to school authorities. Consistent with MPD and MMSD goals, whenever possible, EROs shall utilize Restorative Practices and/or Youth and Community Courts in lieu of issuing citations or arrest warrants. 3. Faculty and building administrative team meetings. 4. Student discipline. It is understood by the parties that confidential student record information with regard to specific student discipline cases will not be shared with non-school personnel except as provided by MMSD policy, state and federal law, and Section II.D. above. Confidential law enforcement record information with regard to specific cases will not be shared with non-police personnel except as provided by MPD policy or applicable law. 5. Providing expert technical advice to school administration related to topics such as school searches for drugs, weapons or other contraband.and

NON-DISCRIMINATON. In the performance of work under this contract, MMSD agrees not to discriminate against any employee or applicant for employment because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity, political beliefs, or student status. MMSD further agrees not to discriminate against any subcontractor or person who offers to subcontract on this contract because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national origin. In the performance of work under this contract, CITY agrees not to discriminate against any MMSD employee, volunteer, student or student family member because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, political beliefs, or student status. CITY further agrees not to discriminate against any employee or applicant for employment, subcontractor or person who offers to subcontract on this contract because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, political beliefs, or student status. IN WITNESS WHEREOF, the parties hereto have set their hands at Madison, Wisconsin. THE MADISON METROPOLITAN SCHOOL DISTRICT (Witness) By: Date: Date: (Print Name): Xxxxxxx X. Xxxxx Title: Board of Ed Secretary Signature Page – Continued ERO Contract with MMSD 2013-2014, 2014-2015, 2015-2016-2017, 2017-2018, 2018-2019 School Years By: Xxxx Xxxxxx, Mayor Date: By: Xxxxxxxx Xxxxxx-Xxxx, City Clerk of Police By: _ Xxxxx Xxxx,Xxxxxxx X. Xxxxx, MPD Chief of Police Date: DavidXxxxx, SchmiedickeXxxxxxxxxxx, Finance Director Xxxxxxx X. MayXxx, City Attorney Date: Date: Xxxx Xxxx, Risk Manager Date: The CITY CityCITY of Madison (“CITYCityCITY”) through the Madison Police Department (“MPD”) will provide the following service to the Madison Metropolitan School District (“MMSD”): I. The Chief of Police will assign one uniformed Police Officer to West High School, one uniformed Police Officer to East High School, one uniformed Police Officer to Madison Memorial High School, and one uniformed Police Officer to XxXxxxxxxx High School, each officer in the capacity of Educational Resource Officer (ERO). These assignments will be on a full time basis for each school year beginning in September, 2016 20132016 and ending June 201920162019, as more particularly described in par. II A. The assigned officers will be selected in cooperation with the principals of the named high schools. If an ERO is eligible for a one year extension, the principals of the named high schools may provide input on said extension, understanding the final decision is that of the Chief of Police. The West, South, North, and East District Captains will act on behalf of the Chief of Police in recommending makingrecommending the assignment selections. II. The ERO will be organizationally assigned to the MPD district in which the school is located: A. ERO X. XXX will be under the command of the appropriate district commander and subject to all rules and regulations of the Madison Police Department. 1. The Services performed by EROs under this Contract will commence one week prior to the date school starts and conclude at the end of exam week of each school year covered under this Contract. 2. EROXXX’s hours of work (8 hours of regular duty, 15 minutes of briefing time) will be 8:00 a.m. to 4:15 p.m. or a similar schedule to coincide with the hours school is in session. This includes administrative time allocated for ERO report completion and ERO class preparation. 3. In the event of a disaster, terrorist attack or other emergency, the Chief of Police has the right to temporarily remove EROs from the schools and reassign them to general law enforcement responsibility. In such event, the Chief of Police shall provide MMSD the earliest practicable notice of the need for and likely duration of the temporary removal. Police personnel shall also promptly meet with MMSD personnel in order to provide advice and assistance to minimize any negative impact on school. The meetings shall occur in advance of the removal unless it is impossible to do so. B. ERO X. XXX will coordinate daily activities with the school principal/designee. 1. The ERO’s commander will be a resource to resolve any conflicts which may arise in this area. 2. The ERO’s commander must approve any time off requested by the ERO. C. The Parties and their respective personnel will work cooperatively to carry out this ERO contract so as to enhance the safety of students and staff and maintain an environment in which education and learning can take place. It is the intent of this agreement that the relationship between the Parties be characterized by cooperation and mutual respect for each Party’s policies, duties and responsibilities. It is understood that MPD remains responsible to adhere to and comply with its own policies and all applicable local, state and federal law. D. The Parties will share information as necessary for the administration and performance of this Agreement, consistent with local, state and federal law relating to confidentiality and disclosure of public records, including but not limited to MMSD pupil records, created or maintained by educational institutions and law enforcement agencies. Consistent with the foregoing, the Parties shall cooperate and coordinate responses to and investigations of incidents in their mutual interest and promptly debrief all critical incidents or incidents in which the ERO has used force against a student or staff member. EROs will follow the MPD Use of Force Documentation Standard Operating Procedure. 1. For the purposes of access to student records by an ERO, the ERO is also considered a “school official” as provided in the Federal Educational Rights and Privacy Act (FERPA) 20 U.S.C. 1232g. An ERO may be provided access to student information only as needed by the ERO to perform his duties related to educational or school administration activities when the ERO use of such student information remains under the direct control of the MMSD. Such information may include student behavior intervention plan(s) and safety plan(s). An ERO may also be granted access thereto in the event of an emergency situation threatening the health or safety of a student or other individual. The ERO may only redisclose such student information consistent with FERPA and Wisconsin pupil records laws. 2. Records or other information created and maintained by an ERO for the purpose of ensuring the safety and security of persons or property in MMSD schools, or for the enforcement of local, state, or federal laws or ordinances shall not be considered student records – even when such records serve the dual purpose of enforcing school rules – and are not subject to the same prohibitions of access or disclosure by EROXXX. III. The Parties are committed to providing a balanced approach to police service in the schools reflecting both the educational role and the law enforcement role of the ERO. The ERO duties will include but not be limited to: A. Law enforcement activities. 1. Conduct initial investigations into criminal and ordinance violations occurring on campus and take appropriate enforcement actions. 2. Act as liaison with local law enforcement agencies to exchange basic information concerning students consistent with state and federal laws, and to provide assistance to law enforcement agencies as well as the principal in matters relating to delinquent and criminal activities associated with students who attend the school in the MMSD. 3. Work with school administration to identify conditions which could be harmful to the welfare of students and the safety of the school environment and address those conditions. 4B. Educational4. Collaborate with schools to provide appropriate training regarding ERO response to critical incidents, including crisis intervention and de-escalation techniques, response to school fights and disturbances, and response to students with mental health needs or cognitive disabilities, as well as the use of Restorative Practices and Youth and Community Courts. B. Educational resources to students on issues related but not limited to: 1. Alcohol and other drugs. 2. Understanding laws, ordinances and the juvenile code. 3. The role of law enforcement in the educational setting as well as the role of law enforcement in the community. 4. Violence and other crime prevention as well as personal safety information and instructions. C. Educational resources to parents in areas listed in sec. III.B. above. D. Along with other MPD and MMSD resources, provide training and information to school staff on topics related to alcohol, other drugs, gangs, violence and other crime prevention as well as personal safety and violence diffusion techniques. E. Participate in school administration activities related to: 1. The development of a security plan for the campus. 2. Supporting and reinforcing the implementation of school policies and rules using appropriate, available educational resources and intervention techniques. The parties understand that the intent is not to use the ERO to enforce school policies and rules which are not also violations of the law, but to turn over such enforcement to school authorities. Consistent with MPD and MMSD goals, whenever possible, EROs shall utilize Restorative Practices and/or Youth and Community Courts in lieu of issuing citations or arrest warrants. 3. Faculty and building administrative team meetings. 4. Student discipline. It is understood by the parties that confidential student record information with regard to specific student discipline cases will not be shared with non-school personnel except as provided by MMSD policy, state and federal law, and Section II.D. above. Confidential law enforcement record information with regard to specific cases will not be shared with non-police personnel except as provided by MPD policy or applicable law. 5. Providing expert technical advice to school administration related to topics such as school searches for drugs, weapons or other contraband.