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HomeMy WebLinkAboutPD14-056 - Original - Kent School District - School Safety Services Director - 09/01/2013 Police Services Agreement Between the Kent Police Department And The Kent School District 2013 — 2014 THIS AGREEMENT is made and entered into by and between the City of Kent and the Kent Police Department, hereinafter referred to collectively as the "Department," and the Kent School District, hereinafter referred to as the `District." The District desires to fill the position of School Safety Services Director with a law enforcement officer who is employed by the Department and holding the rank of Commander or higher, and who can bring valuable experience and provide advice to District safety officers. The Department desires that its senior officers have the opportunity to (a) partner with a large local school district in the community; (b) gain valuable administrative, command, and community relations experience; and (c) experience unique professional growth and development. The District and Department share a compelling common value in seeing that the community enjoys a safe, secure environment for its students and staff. NOW, THEREFORE, and in consideration of the mutual promises set forth herein, the parties mutually agree as follows; 1. TERM This Agreement shall be effective from September 1, 2013 through August 31, 2014, subject to any prior termination as provided herein and unless extended by written agreement of the parties. 2. DUTIES OF THE DEPARTMENT The Department with the District's approval shall provide an officer the rank of Commander or higher to serve as the District's School Safety Services Director, hereafter referred to as "Director," for the purpose of assisting with communication and logistics between the two organizations relating to school safety. Such assistance shall include, but not be limited to: a. Provide advice and direction to personnel regarding best practices and ensuring a safe and secure learning environment. b. Respond to school incidents as necessary. c. Periodically review and recommend revisions to the procedures and protocols for school safety. 1 d. Support administrators and staff with school safety inquiries and / or needs for assistance. e. Assist in the development of Kent School District emergency management practices and procedures. f. Assist in the establishment and implementation of emergency operation procedures and threat assessment procedures for buildings. g. Help establish and maintain security procedures focused on prevention of problems in schools and the community. h. Help foster an attitude promoting a safe school environment. The Department shall provide the Director a vehicle, radio communication, cellular phone, uniform, and other necessary equipment provided to the Department's on- duty commanders to enable the Director to perform his/her duties with the District. The District shall provide the use of office space, mobile computer or similar device, and a district email account to the Director. 3. CONSIDERATION In consideration of those services provided under this Agreement, the District shall provide the Director with the unique opportunity to obtain administration and community relations experience. The Director will be considered a part of the Superintendent's Cabinet and the District Leadership Team. The District agrees to reimburse the Department $41,345.42, which shall be paid in twelve (12) monthly installments of $3,445.45 each. These payments shall cover the Director's salary and benefits, which at all times shall be paid by the Department. The District shall pay monthly upon submission by the Department of a monthly invoice to the District's Chief Business Officer. 4. WORK SCHEDULE The Director shall be on duty with the District approximately ten (10) hours per week during the term of this Agreement. 5. MODIFICATION No waiver or modification of the Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties, and no evidence of any waiver of modification shall be offered or received in evidence during any proceedings or litigation between the parties unless such waiver or modification is in writing duly executed as aforesaid. The parties further agree that the provisions of this section may not be waived except as herein set forth. 6. TERMINATION OF AGREEMENT 2 This Agreement may be terminated without cause at any time by mutual agreement of the parties or by either party sixty (60) days following the other party's receipt of written intent to terminate. Each party shall have the right to cancel and immediately terminate the Agreement without prior notice upon breach of the Agreement by the other party. In the event of termination under this section, the Department will be entitled to receive, to the date of such termination on a pro rate basis, the compensation as set forth in section 3, above. 7. INDEMNIFICATION The parties agree that the District shall bear all responsibility and cost of defending any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages that relate in any way whatsoever to School Safety Services, the security and safety of the District and its students, employees, and visitors, and/or the provisions of any services set forth in section 2 of this Agreement, and for this purpose, and notwithstanding Section 9 of this Agreement, the Director shall be considered an agent of the District. Further, to this end, the District shall defend, indemnify, and hold harmless the Director, and the Department and it's officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever relating to and arising out of the performance of the Agreement. The District shall not defend, indemnify or hold the Department harmless from any claims, actions, or suits for injury, damage, or loss of any kind caused by the intentional act (s) of the Director which are beyond the scope of this Agreement. In executing the Agreement, the Department does not assume liability or responsibility for, or in any way release the District from any liability or responsibility which arises in whole or in part from the existence or effect of District policies, rules, or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced in which the enforceability and/or validity of any such District policy, rule, or regulation is at issue, the District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the District, the Department, or both, the District shall satisfy the same, including all chargeable costs and attorney's fees. 8. MEDICAL /HEALTH AND WORKERS COMPENSATION BENEFITS In the event of any injury, illness, or death of the Director, the Director shall be considered an employee of the Department while acting in performance of this Agreement, and the Department agrees to extend to the Director the medical/health and workers' compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during the regular work assignment in and for the Department. 3 .... ......... 9. DIRECTOR OF SCHOOL SAFETY IS AN EMPLOYEE OF THE DEPARTMENT The Director shall, at all times, be considered an employee of the Department, and shall for no purpose, be considered an employee of the District. The District shall have no obligation to provide the Director with any workers compensation or other benefits, and the salary of the Director shall be paid in full by the Department. 10. VENUE STIPULATION This Agreement shall be construed as having been made and delivered within the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Washington. 11. COMPLIANCE WITH LAWS In carrying out the terms of this Agreement, the parties agree to comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to the laws pertaining to civil rights and laws pertaining to the District and Department. In carrying out this Agreement, the parties agree that they will not in any way discriminate against others on the basis of race, color, national origin, sex, age, creed, sexual orientation, marital status, veteran status, or disability. 12. NOTICES All notices shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. 13. HEADINGS The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in way do they define, limit, or describe the scope or intent of the provisions of this Agreement. 14. AGREEMENTS OUTSIDE OF THIS AGREEMENT This Agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of them has made any representations with respect to the subject matter of the Agreement except such representation as are specifically set forth herein, and each party acknowledges that it has relied on its own judgment in entering into this Agreement. 4 IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Kent chool s rict City of Kent / Kent Police Department Dr. Edward Lee V -gas uperintendent) Suzett 9,Rlee{{�4ay j P .f3C1�Y%: fA i�4� '"✓Yi�" ��'"t4--6ex� Date Date v:aNgFOesepen Flles\oi3%xoi3-vulia 6erempum vanm swim.nom.m.oe eovrxou.00., REQUEST FOR MAYOR'S SIGNATURE KEPT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Kim Komoto Dept/Div. Law/PD Extension: 5788 Date Sent: March 10, 2014 Date Required: ASAP Return to: Kim Komoto CONTRACT TERMINATION DATE: 8/31/14 VENDOR: Kent School District DATE OF COUNCIL APPROVAL: 10/16/12 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Agreement between the City and the Kent School District for School Safety Services Director. This Agreement is for the term of September 1, 2013 through August 31, 2014. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) [Approval ceived: RECEIVED GF / u , t i FI V e 1 of Law Dept.: `aw Dept. Comments: Lu Date Forwarded to Mayor: j`J i , li;t nur' Shaded Areas To Be Completed By Administration Staff Received:) A I 'I ? v€ Recommendations and Comments: CiTY OF KFNT -' CLERK Disposition; T f } Date Returned: