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HomeMy WebLinkAboutPD16-378 - Original - Kent School District - School Safety Services Liaison - 09/01/2016 r Sx w 'a ,y ,', "" KENT Rb� .49 Document W A9HINOTOH C�`, b 7,a ,w'mmr, Y'" 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 I Vendor Number: JD Edwards Number Contract Number: F91U - 7-)TK This is assigned by City Clerk's Office Project Name: Police Services Agreement 2016 - 2017 i Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 9/1/16 Termination Date: 8/31/17 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Jalene King Department: Police Department Contract Amount: $42,714.98 Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): I i As of: 08/27/14 Police Services Agreement Between the Kent Police Department and the Kent School District 2016 — 2017 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 Liaison 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. i 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: AGREEMENT 1. TERM This Agreement shall be effective from September 1, 2016, through August 31, 2017, 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 2016-2017 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, 2016, whichever date is earlier. The parties may opt to extend the term of this Agreement, on the same terms and conditions as in effect just prior to the then-current end of term, for up to three (3) successive periods of twelve (12) months each, pursuant to the procedure outlined in this Agreement. The Mayor is authorized to approve and execute said extensions, without further authorization of the City Council. The parties shall mutually agree in writing no later than May 15C of the then-current term whether the parties will opt to extend this Agreement for an additional twelve (12) months (September 1 — August 31) or will let the Agreement expire at the end I I of the then-current term, or if all three (3) extension have been optioned, then this Agreement will default to expire at the end of the then-current term. Prior to May 1st the parties agree to hold a progress meeting. 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 Liaison, hereafter referred to as "Liaison," 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 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. L Present the monthly safety services report to the Board. j. Attend the monthly safety services meeting. The Department shall provide the Liaison a vehicle, radio communication, cellular phone, uniform, and other necessary equipment provided to the Department's on- ' duty commanders to enable the Liaison 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 Liaison. 2 3. CONSIDERATION In consideration of those services provided under this Agreement, the District shall provide the Liaison with the unique opportunity to obtain administration and community relations experience. The Liaison will be considered a part of the Superintendent's Cabinet and the District Leadership Team. The total compensation for an officer the rank of Commander or higher to serve as the School Safety Services Liaison position for the length of this Agreement is set forth in Attachment A to this Agreement. Attachment A reflects the District's agreement to reimburse the Department twenty-five percent (25%) of the total compensation (salaries/benefits) for one officer the rank of Commander or higher, as mutually agreed by the parties in Attachment A. The twenty-five percent (25%) reimbursement obligation of the total compensation amount shall be spread across twelve (12) approximately equal monthly payments payable to the Department; provided, in the event this Agreement is executed after the term of this Agreement begins, the District shall pay the total compensation as set forth in Attachment A, but will have fewer months to make such payments. The District shall pay said reimbursement upon submission by the Department of a monthly invoice. Annual Cost Rate Increases. For each successive twelve-month period this Agreement is extended beyond the then-current term, the parties agree that the total compensation (salaries/benefits) shall increase based on the actual costs as provided by the City of Kent. 4. WORK SCHEDULE The Liaison shall be on duty with the District, as needed, to fulfill the duties outlined in Section 2 above. The parties will coordinate the Liaison's schedule, to the best extent practicable, to ensure the needs of the District and the Department are both adequately fulfilled. 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 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. 3 I i 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 3 above. 7. INDEMNIFICATION To the extent permitted by law, the District shall defend, indemnify, and hold harmless the Department and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, arising out of any act or omission of the District, its officers, agents, and employees or any of them relating to or 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 negligence of the Department, its officers, agents, and employees or any of them where the District did not contribute to such negligence. Similarly, the Department shall defend, indemnify, and hold harmless the District and its officers, directors, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, out of any act or omission of the Department, its officers, agents, and employees, or any of them in the performance of this Agreement. The Department shall not defend, indemnify, or hold the District harmless from any claims, actions, or suits for injury, damage, or loss of any kind caused by the negligence of the District, its officers, directors, agents, and employees or any of them where the Department did not contribute to such negligence. Notwithstanding any other provision of this Agreement, in executing this 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, effect, or enforcement of District policies, rules, or regulations or the acts of District employees, volunteers, or students. If any cause, claim, suit, action, or administrative proceedings is commenced in which the enforceability or validity of any District policy, rule, or regulation is at issue, the District shall defend the enforceability or validity of the policy, rule, or regulation 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 Liaison, the Liaison shall be considered an employee of the Department while acting in performance of this Agreement, and the Department agrees to extend to the Liaison 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. 4 it I I 9. LIAISON OF SCHOOL SAFETY IS AN EMPLOYEE OF THE DEPARTMENT The Liaison 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 Liaison with any workers' compensation or other benefits, and the salary of the Liaison 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 no 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 5 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. Kent School District City of Kent / Kent Police Department t , ; Dr. Calvin 1'Watts (Superintendent) Su�etfeiCooke (Mayor) E-� i C� �"_"`!' E+`f�./ ice•,i /,�y Date Date'' i i 6 it ATTACHMENT ' ' TO P®LICE SERVICES AGREEMENT The parties agree that the total cost to the Department to provide a School Safety Services Liaison with a law enforcement officer who is employed by the Department and holds the rank of Commander or higher to the District in accordance with the terms of this Agreement is $170,859.93, regardless of actual salary or benefit adjustments that may be made by the Department for the Commander. The District's reimbursement obligation, which is twenty-five percent (25%) of the total cost to the Department for the Liaison provided to the District, equals $42,714.98. This sum will be considered the District's total reimbursement obligation for the Liaison provided by the Department for the duration of the performance period of this Agreement, regardless of actual salary or benefit adjustments that may be made by the Department for its officer the rank of Commander or higher. i The District shall pay said reimbursement in twelve (12) approximately equal monthly payments spread over a one-year period starting September 1, 2016 with each payment being made upon submission by the Department of a monthly invoice; provided, in the event this Agreement is executed after the term of this Agreement begins, the District shall pay the total compensation as set forth in this Attachment, but will have fewer months to make such payments. IN WITNESS WHEREOF, the parties have affixed their signature on the dates below. KENT SCHOOL DISTRICT CITY OF KENT/KENT POLICE DEPARTMENT i f Dr. Calvin ).Watts, Superintendent /Suze�Y6 Coke, Mayor Date 1' l °L, — Date i1CluinFllzs\oae r�l^s\lrJl-P<4<e 5svk<5�9reemf<r N50\zOt&E01]rN50 v<Jce s.rvke:ayn.m.,e sm«�ser.n serd¢s ezt,on zme-mll Fn:Cauca 7 I p/ A' REQUEST FOR MAYOR'S SIGNATURE CA� '�^ 1� ® I'rin): Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator: Kim Komoto Phone (Originator): 5788 Date Sent: 10/19/16 Date Required: ASAP Return Signed Document to:-Kim Kamote_ Contract Termination Date: Last day of school 2017 VENDOR NAME: (ii ' 'r= f_ii "`) Date Finance Notified: Kent SChOOI District (only required on contracts P® Bud 9 et 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: 10/18/16 Date Risk Manager Notified: (Required on Non-City Standard Contracts A reements Has this Document been Specificall Account Number: n/a Authorized in the Budget? ® YES ONO Brief Explanation of Document: 2016-2017 Police Services Agreement and School Resource Officer Agreement for police services during the 2016-2017 school year. All Contracts Must Be Routed Through The Law Department Received (This area by the Law Department) F : < <irct':� r� ,; a-- Approval of Law Dept,: Law Dept Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received Recommendations and Comments: Date Returned: l�s 46 P9 Ilk amdD—,Mrf,1 fokenll9aRS4ues11or May,,N 8,rk,kmedo, CITY 017 KENT .} J CITY CLy)ERK�/l. • nl��/t iY �J't v �i'FI U'P i� } V 1 E� �£��(.tI���,.� �iry 4F'1 '',.