HomeMy WebLinkAboutPD16-378 - Original - Kent School District - School Safety Services Liaison - 09/01/2016 r Sx
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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
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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
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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.):
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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.
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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
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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.
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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.
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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.
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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
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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
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Dr. Calvin 1'Watts (Superintendent) Su�etfeiCooke (Mayor)
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Date Date''
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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.
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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
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Dr. Calvin ).Watts, Superintendent /Suze�Y6 Coke, Mayor
Date 1' l °L, — Date
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p/ A' REQUEST FOR MAYOR'S SIGNATURE
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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)
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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
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CITY 017 KENT
.} J CITY CLy)ERK�/l.
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