HomeMy WebLinkAboutLW15-177 - Original - Kent School District - Police Service Agreement - 09/01/2014 R-, ,e c o ' e
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KEN T
WASH ING.TON Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Kent School District
Vendor Number:
JD Edwards Number
Contract Number:—
This is assigned by City Clerk's Office
Project Name: Police Services Agreement 2014-2015 School Year
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
El Other:
Contract Effective Date: 9/1/14 Termination Date: 8/31/15
Contract Renewal Notice (Days): Notice
Number of days required notice for termination or renewal or amendment
Contract Manager: Kim Komoto Department: Law/Police
Contract Amount: $40,258.44'
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
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As of 68/27/14
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Police Services Agreement
Between the Kent Police Department and the Kent School District
2014 -- 2015
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."
RECITALS
The District desires to fill the position of School Safety Services Director with a law
enforcement officer who is employed by the Department and holds 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)
partner1 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.
N W T O , HEREFORE, and in consideration of the mutual promises set forth herein,
the parties mutually agree as follows:
AGREEMENT
1. TERM
This Agreement shall be effective from September 1, 2014, through August 31,
2015, subject to any prior termination as provided herein and unless extended by
written agreement of the parties. If this Agreement is signed on a date after the
commencement of the 2014-2015 school year, the terms of this Agreement shall
apply retroactively to the first date services are provided by the City to the District,
or September 1, 2014, whichever date is earlier.
2. DUTIES OF THE DEPARTMENT
The Department with the Dis i 'p tr ct s approval shall provide, an officer the.. rank of
Commander or higher to serve as the District's School Safety Services Director,
erred to as "Director," for the purpose of assisting with communication
Hereafter ref
and logistics:between the two organizations relating to school safety.
Such assistance shall include, but not be limited to:
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a. Provide advice and direction to personnel regarding best practices
to help ensure 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.
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.
is Present the monthly safety services report to the Board.
j. Attend the ;monthly safety services meeting.
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 $40,258.44, which shall be<paid in
twelve '(12) monthly installments of $3,354.87 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 each monthly installment 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, as needed, to fulfill the duties
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outlined in Section 2 above. The parties will coordinate the Director's schedule, to
the best extent practicable, to ensure the needs of the District and the Department
are both adequately fulfilled.
S. 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
This nt ma A reern e Y
be terminated without cause at any time by mutual
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agreement of the parties_or by either party sixty (60) days following the other
party 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-rated basis, the compensation as
set forth! in Section 31 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 o'f this Agreement, and for this
purpose, an d 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, a'ri,d hold harmless the Director,, and the Department and its, officers,
agents,, and employees, from any and all claims; actions,'suits, liability, Foss, 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 De,partm'ent harmless frorn any claims actions or suits for injury, damage or
lyn,oss of ak', !�di , caused by the intentional act(s) of the Directorwhich are beyond
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p l o ths'A�greement.
the sco e of
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In executin the Agreement, the Department does not assume liability or
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responsibility for or in any way release the District from any liability or
y wh.responsibilit ich 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
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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.
9. DIR
ECTOR
R 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
b'e instituted in King County, Washington
111. COMPLIANCE WITH LAWS
In carrying out the terms of this Agreement,, the parties agree to comply with
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cable federal, state, and local laws, ordinances all a li , and regulations, including
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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,
n'at'ional origin, sex, age, creed, sexual orientation, marital status, veteran status,
or; disability.
1!2. N;OTICES
All notices shalt be in writing and shall be sent by registered mail to the parties at
their recognized business addresses.
13. HEADINGS
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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.
15. RATIFICATION
All ;acts consistent with the authority of this Agreement and prior to its effective
date are ratified and affirmed, and the terms of this Agreement shall be deemed to
have applied.
IN WITNESS WHEREOF, the parties have affixed their signatures on the dates
below.
t chool;District City of Kent/ Kent Police Department
J
D I. Richard Stedry (Chief BAsiness Officer) z t ooke (Mayor)
I�9 lia
D afe Date
P:\Civil\Files\Open Files\1671-Police Services Agreement-KSD\KSD Police Services Agreement School Safety Services Director.docx
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KEG T
WA s Fi I N 0 r o N Agenda 1 tem: Consent Calendar - 7E
TO: City Council
DATE: October, 21, 2014
SUBJECT: Police Services Agreement with Kent School District - Authorize
MOTION: Authorize the Mayor to sign the Police Services Agreement
between the Kent Police Department and the Kent School District for the
2014-2015 school year, with final terms: and conditions acceptable to the
Police Chief and City Attorney.
SUMMARY: The Kent School District ("District") would like to continue to partner
with the Kent Police Department ("KPD") for the purpose of filling the position of
Schcrol Safety Services Director in an effort to gain valuable administrative, command,
and community relations experience and also for the opportunity to experience
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.
The District will reimburse the Department $40,258.44.
EXH 1 B I TS: Agreement
RECOMMENDED BY: Public Safety Committee
YEA: Berrios Ralph NAY:
BUDGET A 1 MPACT: Income for payment of portion of Commander's salary
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REQUEST FOR MAYOR'S SIGNATURE
• - Print .on Cherry=Colored Paper
KN
I.. VV A�HI NCiTU'N ` '
RouII ting Infor,.mation (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE'LAW DEPARTMENT)
Approved by Director
0rl Ir1atOC: Kent SchoolDistrict Phone Orl 111dt0C)I::,Kirm Komoto
Date Sent:5/12/15 '
Date .Re uired:5/ a/15
Return . i ned DocUrnent to: Kim Komoto
1. Contract.TerrninationDa,te;2014-2015schooiYear Lj.,
,, VENDOR NAME: DateLFinance Notified`
(.
(Oil 'r e :wired on'contrac is
v a , L Budget Adoption
1. 10 000 and over or onan Grant
DATE,OF COUNCIL APPROVAL: 'Date Risk Mana er Not'
" October 21 2014
g ified: 12/20115 .
' Re uired on Non-Cit..Standard Contracts A reements
' Has. this Document been S ecificall Account Number:
�; p, Y
' Authorized"in the Bud et? YES NO
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,, Brief Explanation of Document:
Police services agreeJment between the Cit /and the Kent School District for the ur ose of f'
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iL position;of School Safety Service Director.
The District will're'im burse the City $40,258�.44.
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