HomeMy WebLinkAboutPD15-416 - Original - Kent School District - Police Services Agreement - 09/01/2015 EN• ,- , cords M e
N 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: 1?I711�i- ql(p
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This is assigned by City Clerk's Office
Project Name: Police Services Agreement 2015 - 2016
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 9/1/15 Termination Date: 8/31/16
Contract Renewal Notice (Days): 30
Number of days required notice for termination or renewal or amendment
Contract Manager: Jalene King Department: Police Department
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Contract Amount: $41,570.18
Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
Police Services Agreement
Between the Kent Police Department and the Kent School District
2015 — 2016
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)
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, 2015, through August 31,
2016, 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 2015-2016 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, 2015, whichever date is earlier.
The parties recognize this Agreement is being adopted after the services required
herein have been provided by the Department to the District. The approval of this
Agreement shall constitute a full ratification of the Agreement as well as a full
acceptance of the services provided by the Department to the District.
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,
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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
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.
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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.
i. 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 total compensation for an officer the rank of Commander or higher to serve as
the School Safety Services Director 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
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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.
4. WORK SCHEDULE
The Director shall be on duty with the District, as needed, to fulfill the duties
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 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-rated 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,
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indemnify, and hold harmless the Director, and the Department and its 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.
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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.
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
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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
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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
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 J`Watts (Superintendent) Suz-dEt� Cdok (Mayor)
Date Date
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ATTACHMENT 'A' TO POLICE SERVICES AGREEMENT
The parties agree that the total cost to the Department to provide a School Safety
Services Director 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 $166,280.75, 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 Director provided to the District, equals
$41,570.18. This sum will be considered the District's total reimbursement obligation
for the Director 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.
The District shall pay said reimbursement in twelve (12) approximately equal monthly
payments spread over a one-year period starting September 1, 2015 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
Dr. Calvin J. Watts, Superintendent Suzet b ooke, Mayor
Date ( E Date 1 ;
P:\Ovll\Flles\Open Files\lLn-Pollce services Agreement-KSo%1015-2016%K4)Fouce Services Agreement SchW safety services Direetor 2015-2016 Final(....dua
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REQUEST FOR MAYOR'S SIGNATURE
® PrFli 3G Cherr y '.. olcore A rPap.,c'r
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 l-K m-Kort oto Contract Termination Date: Last day of school 2016
VENDOR NAME: '-i iC,f Date Finance Notified:
Kent SChOOI District (only required on contracts P® Bu d 9 et
20 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: 1��18�16 Date Risk Manager Notified:
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specificall Account Number: n�a
Authorized in the Budget? ® YES NO
Brief Explanation of Document:
2015-2016 Police Services Agreement and School Resource Officer Agreement for
police services during the 2015-2016 school year, These contracts ratify the services
that have already been provided
All Contracts Must Be Routed Through The Law Department
(Ths-arja to?e p�na leted by the Law Department)
Received: f ,r i,�/'t r' f ,"P, -,,°, �` „��� ='
Approval of Law Dept.." k:?" . " f
Law Dept, Comments:' --
pate Forwarded to Ma or:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition 1! t
Date Returned: x 7 pia 1 KS'
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Pp n yiNigni InplRequestlor rteyos e H aNm.doci
CITY OF M-NT
CITY CLERK
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