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HomeMy WebLinkAboutPD07-343 - Original - Kent School District - School Liaison Officer - 09/01/2007 AGREEMENT 2007-2008 THIS AGREEMENT is made and entered into by and between the City of Kent,by and through the Kent Police Department, hereinafter referred to as the"Department', and the Kent School District, hereinafter referred to as the "District". WHEREAS, the School Liaison Officer, (Dave Buck) is employed by the City of Kent Police Department as a law enforcement officer,holding the rank of Officer therein: and WHEREAS,the District desires to improve school security and provide a safe, secure environment for its students and staff; and WHEREAS,the District desires to contract with the City of Kent for the full-time services of one police officer to act as the School Liaison Officer. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties hereto mutually agree as follows: 1. TERM The Agreement shall be effective on September 1, 2007 through August 31,2008, subject to any prior termination as provided herein and unless extended by written agreement of parties hereto. 2. DUTIES OF THE DEPARTMENT The Department shall provide the full-time services of a police officer to the District for the purpose of assisting with the training, organization and direction of school security. Such services shall include,but not be limited to: a. Assist in the development and implementation of ongoing training programs to produce highly trained career-oriented school security personnel. b. Assist in the establishment of a communication network among school security personnel. c. Develop a daily routine that ensures high visibility to Kent School District staff, students and community. d. Assist in the development of a standardized operational procedures manual for school security personnel. e. Support the District Security Administrator in his/her role as a liaison with city and county law enforcement officers. f. Prepare daily reports. g. Assist in the establishment of emergency operation procedures for buildings. h. Help establish and maintain security procedures focused on prevention of problems in schools and the community. i. Help foster an attitude, which promotes a safe school environment. j. Conduct investigations on behalf of the school district. 1 k. Help diffuse conflicts. 1. Contact truant children and their parents. in. Transport students with behavioral or health problems to their homes or other designated locations. n. On occasion,have the ability to work flexible hours. o. Other duties as mutually agreed upon by the Kent School District and police agency. The Kent Police Department shall provide the use of radio, and uniform to the School Liaison Officer to perform the duties of the School Liaison Officer. The Kent School District shall provide the use of a pager and cellular phone to the School Liaison Officer. 3. CONSIDERATION In consideration of those services provided under this Agreement,the District shall reimburse the Department its full payment of salary, plus 6% of base rate incentive pay,for the School Liaison Officer, including all benefits and all increases to said salary or benefits during the period of service to the District herein. The District shall pay said reimbursement amount upon submission by the Department of a monthly invoice. WORK SCHEDULE The School Liaison Officer shall be on duty as the School Liaison Officer from 7:OOam(0700 hrs)to 5:OOpm(1700 hrs) Tuesday through Friday during the term of this Agreement, subject to paragraph 2(n), or hours and days agreed upon by the District, Department,the bargaining unit for the Kent Police Officers, and the officer providing the services. 4. OVERTIME Costs associated with overtime shall be paid by the District, except the costs associated with overtime for Friday training at the Kent Police Department or any other Department functions not relating to School District Business will be paid by the Department. 6. BACKUP The Kent officer will respond to and backup the Kent School District Security Personnel as needed. The Kent Officer may respond to and backup other City of Kent Police Officers when necessary. 7. 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 representation with respect to the subject matter of this Agreement or any representations, including the executing and delivery hereof, except such representations as are specifically set forth herein, and each of the parties hereto acknowledge that it has relied on its own judgement in entering into this Agreement. 8. MODIFICATION No waiver or modification of this Agreement or any covenants,conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any waiver of modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder,unless such waiver or modification is in writing duly 2 executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. 9. TERMINATION OF AGREEMENT This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after sixty(60) days following the other party's receipt of a written intent to terminate. Each party shall have the right to cancel and immediately terminate this 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. 10. EMPLOYMENT OBLIGATIONS OF PARTIES The Department agrees to pay to the School Liaison Officer the full salary and benefits, including all increases to said salary and benefits, accruing to him as an employee of the Department during the period of his services herein. Additionally,the Department agrees to extend to the Officer, all rights, privileges, and benefits attendant to and resulting from his employment by the Department, including any and all promotional opportunities otherwise available to him. The Department further agrees that upon completion and conclusion of the Officer's service herein, and in the absence of any promotion or upgrading in classification which has occurred during the duration of the Agreement, he/she will be returned and be reinstated to the Department at the same or equal commissioned rank or position which he held on the beginning date of this Agreement. The District agrees to provide input during the evaluation period and documentation as necessary with regards to the Officer's performance during the Officer's period of service herein and as required by the Department. Issues relating to evaluation of performance or changes to the school liaison program shall be coordinated through the Officer's supervisor. The School Liaison Officer's performance records are completed and maintained at the Kent Police Department. The District agrees to permit the Officer to attend and testify at court proceedings pursuant to subpoena. If the Officer must appear in court pursuant to subpoena on matters unrelated to his services under this contract,the District shall not be obligated to pay for such court time. 11. TRAINING The District agrees to permit the School Liaison Officer to attend regular training sessions at the Department. The District shall provide training to the School Liaison Officer on school in service days. District employees may be permitted to use Department training facilities under the direct supervision of the School Liaison Officer and the training staff at the Department training center. 12. INDEMNIFICATION To the extent permitted by law,the School District shall defend, indemnify and hold harmless the City and its officer, 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 School District, its officers, agents, and employees or any of them relating to or arising out of the performance of the Agreement; however,the School District shall not defend, indemnify or hold the City harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s)or the negligence of the City, its officers, agents and employees or any of them. In any action which the School District defends the City,the School 3 District shall have the right to select counsel; however, the City may associate additional counsel at the City's own expense. If final judgment be rendered against the City and the School District and their respective officer, agents and employees, or any of them,the School District shall satisfy the same; however, in the event that the final judgment contains any award for injury, damage or loss of any kind caused by the intentional act(s) or the sole negligence of the city, its officers, agents and employees or any of them,the City shall pay that portion of the judgment. In executing this Agreement,the city does not assume liability or responsibility for, or in any way release the School District from any liability or responsibility which arises in whole or in part from the existence or effect of School District polices,rules or regulations. If any cause, claim, suit, action,or administrative proceedings is commenced in which the enforceability and/or validity of any such School District policy, rule or regulation is at issue, the School District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the School District, the City or both, the School District shall satisfy the same, including all chargeable costs and attorney's fees. The City shall defend, indemnify and hold harmless the School 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 City, its officers, agents and employees, or any of them in the performance of this Agreement; however,the City shall not defend, indemnify or hold the School District harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them In any action which the City defends the School District,the City shall have the right to select counsel; however,the School District may associate additional counsel at the School District's own expense. If final judgment contains any award for injury or loss of any kind caused by the intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them,the School District shall pay that portion of the judgment. 13. MEDICAL/HEALTH AND WORKER' COMPENSATION BENEFITS In the event of any injury to, or the illness or death of,the School Liaison Officer while acting in performance of this Agreement, the Department agrees to extend to the School Liaison Officer medical/health and workers' compensation benefits and other compensation,to the same extent and in the same manner as in such injury, illness, or death had occurred during work assignment in and for the Department. The District shall have no obligation to provide the School Liaison officer with any workers compensation or other benefits. 14. VENUE STIPULATION This Agreement shall be construed as having been made and delivered with 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. 15. ASSIGNMENT Each party to this Agreement stipulates that the Agreement is one for personal services and accordingly neither party hereto may assign, sublet, or transfer any interest in this Agreement. 16. COMPLIANCE WITH LAWS The parties hereto agree to comply in carrying out the terms of this Agreement 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 the Department 4 17. CONTRACT ADMINISTRATION The parties shall each appoint representatives to review contract performance and resolve problems which cannot be dealt with by the City's liaison officer and the School District Security Administrator. Each party shall notify the other in writing of its designated representatives. The contract administrators will meet as needed,but at least annually, with either party authorized to call additional meetings with ten(10) days written notice to the other. 18. NOTICES All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. 19. 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. 7/26/06 \tp IN WITNESS WHEREOF,the parties have affixed their signature on the dates below. KENT SCHOOL DISTRICT CITY OF KENT xfr2o Oil b. o Barbara Grohe, Superintendent &e0oke, Mayor Date - `/— 7 Date 5