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HomeMy WebLinkAboutCity Council Committees - Public Safety Committee - 10/11/2016 (2) Unless otherwise noted, the Public Safety Committee meets at 4:30 p.m. on the second Tuesday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032. For additional information please contact Kim Komoto at 253-856-5788 or via email at kkomoto@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Public Safety Committee Agenda Councilmembers: Dana Ralph – Les Thomas – Jim Berrios, Chair October 11, 2016 4:30 p.m. Item Description Action Speaker Time Page 1. Call to order Chair Berrios 1 2. Roll Call Chair Berrios 1 3. Changes to the Agenda Chair Berrios 1 4. Approval of Minutes dated September 13, 2016 YES Chair Berrios 5 1 5. 2015-2016 Police Service Agreements with Kent School District – Recommend YES Pat Fitzpatrick 5 5 6. 2016-2017 Police Service Agreements with Kent School District – Recommend YES Pat Fitzpatrick 5 19 7. Police Chief’s Update – Information Only NO Chief Thomas 10 35 1 2 3 4 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 11, 2016 TO: Public Safety Committee SUBJECT: 2015-2016 Police Service Agreements with Kent School District - Recommend MOTION: Move to recommend council authorize the mayor to sign the Police Services Agreement and School Resource Officer Agreement between the Kent Police Department and the Kent School District for the 2015-2016 school year, subject to final contract terms and conditions acceptable to the police chief and city attorney. SUMMARY: The Kent Police Department and the Kent School District have partnered for many years to provide school resource officers for various Kent schools, as well as a commander to serve as a liaison and safety advisor to the District. These agreements covered the 2015-2016 school years. During the school year, the Department provided the services called for in the contract, and the District paid for the services in accordance with the contract rates. However, due to various staffing changes and other unforeseen circumstances, the agreements were not completed. The agreements being approved by this motion constitute a ratification of the work performed by the Department and paid for by the District. The School Resource Officer Agreement provides that the City assign one police officer to split his or her time between Kent-Meridian High School and Mill Creek Middle School, and another officer to split his or her time between Kentridge High School and Meridian Middle School. The officers work in the assigned schools to respond to school safety related incidents, assist in emergency planning, and generally provide for a safe and productive learning environment for students. The Police Services Agreement provides that the City assign one officer of the rank of commander or above to act as a liaison between the Department and the District, respond to school safety incidents as appropriate, provide school safety related advice to administration, and assist in emergency management planning. In exchange for providing the services called for in the agreements, the District reimbursed the City for 60% of the officers’ total compensation (salary plus benefits), and 25% of the commander’s total compensation. Exhibit: 2015-2016 Police Services Agreement and School Resource Officer Agreement 5 Budget Impact: Income for payment of portion of salaries 6 1 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, 7 2 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. 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 8 3 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. 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. 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, 9 4 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. 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 10 5 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 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 Dr. Calvin J. Watts (Superintendent) Suzette Cooke (Mayor) Date Date 11 6 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 e mployed 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 Suzette Cooke, Mayor Date Date P:\Civil\Files\Open Files\1671-Police Services Agreement - KSD\2015-2016\KSD Police Services Agreement School Safety Services Director 2015-2016 Final(....docx 12 SCHOOL RESOURCE OFFICER (SRO) AGREEMENT BETWEEN THE KENT POLICE DEPARTMENT AND THE KENT SCHOOL DISTRICT 2015-2016 THIS SCHOOL RESOURCE OFFICER (SRO) AGREEMENT (hereinafter “Agreement”) is made and entered into by and between the City of Kent and its Kent Police Department (hereinafter referred to collectively as the “Department”) and the Kent School District (hereinafter referred to as the “District”) for the provision of School Resource Officers (SROs). WHEREAS, the District desires to have the presence and assistance on school campuses of commissioned law enforcement officers who can work collaboratively with school personnel to enforce the law while building healthy relationships with students of the District; WHEREAS, the Department desires to partner with local school districts and seeks an opportunity for its officers to positively impact the community; and WHEREAS, the District and the Department share a compelling common value in seeing that the community enjoys a safe, sustainable, healthy, and respectful learning environment for its students and staff; 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 September 1, 2015 through August 31, 2016, subject to any prior termination as provided herein and unless extended by written agreement of parties hereto. 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 AND ASSIGNED SROs The Department shall provide two (2) commissioned police officers to work as SROs in the District for twelve (12) months for the purpose of assisting school personnel in enforcing the law and maintaining a safe, sustainable, healthy, and respectful learning environment for students and staff. The placement of a particular officer in the role of SRO will be a decision mutually agreed upon by the Department and District. a. One SRO will be assigned to the campuses of Kent-Meridian High School and Mill Creek Middle School, with time split between the campuses as deemed appropriate by school administrators and the respective school principals. 13 b. One SRO will be assigned to the campuses of Kentridge High School and Meridian Middle School, with time split between the campuses as deemed appropriate by school administrators and the respective school principals. c. Each SRO shall respond to school incidents in the District as necessary and support District administrators and staff with school safety inquiries and/or needs for assistance. d. Each SRO will provide assistance to enforce the law on school grounds, conduct investigations as necessary, and advise/consult with school personnel regarding best practices for ensuring a safe and secure learning environment. e. Each SRO will develop a daily routine that ensures high visibility to staff, students, parents and community stakeholders. f. Each SRO will have access to education records of District students consistent with access available to members of the District’s Safety Services, but the Department acknowledges that each SRO is restricted in the same manner as other District personnel by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, accompanying regulations, corresponding state law, and District policies from nonconsensual disclosure of such records to third parties without lawful authorization. g. Each SRO will be a positive adult role model and will develop positive relationships with students that promote learning and citizenship. h. Each SRO will work collaboratively with the District’s Safety Services Director, including the preparation of reports as needed regarding school safety activity for the Superintendent and Board of Directors. i. Each SRO will assist, as needed, in the establishment and implementation of emergency operation procedures and threat assessment procedures for buildings. j. Each SRO will assist with contacting truant children and their parents. k. Each SRO will perform other duties as mutually agreed upon by the Kent School District and the Department. l. The Department reserves the right to utilize one or both of the SROs from the end of the school year to the beginning of the next school year for emergency Department operational needs as determined or declared by the mayor of the City of Kent. Emergency operational needs include but are not limited to the following: severe staffing shortages, natural and/or manmade disasters, or unforeseen city emergencies. In the event that such an emergency arises, the Department will make reasonable efforts to give timely advanced notice to the District and will make reasonable efforts to minimize the duration of their utilization. The Department will also refund the District for all time that one or both SROs are not performing work for the District pursuant to this section 2(l). 3. CONSIDERATION The total compensation for two (2) commissioned officers 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 sixty percent (60%) of the total compensation (salaries/benefits) for two (2) commissioned SROs, as mutually agreed by the parties in Attachment A. The sixty percent (60%) 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 14 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 It is the intent of this Agreement that the SROs work during scheduled class times and cover the start of school and release of school. Each SRO shall work other hours and days agreed upon by the District, Department, and the officer providing the services; provided, that each SRO’s work schedule shall be subject to the terms and conditions set forth in his or her collective bargaining agreement, which sets forth hours of work, days off, vacation, holidays, etc. One SRO will be assigned to work Monday through Thursday. The second SRO will be assigned to work Tuesday through Friday. 5. OVERTIME Costs associated with approved overtime for District business shall be paid by the District, except that costs associated with overtime for any Department trainings or functions not relating to District business will be paid by the Department. Overtime costs for District business shall be determined by the officers’ collective bargaining agreement with the City of Kent. 6. 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 executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. 7. 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 thirty (30) 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 material 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 rata basis, the compensation as set forth in section 3 above. In addition, each party shall have the right to remove a specific SRO from District. Any officer selected to replace an SRO will be mutually agreed upon by the Department and District as set forth in section 2 above. 8. TRAINING The District agrees to permit SROs to attend training sessions required by the Department, provided the Department notifies the District of such training ten (10) calendar days in advance. The Department shall provide the District’s Chief Information and Digital Strategy Officer, who oversees the District’s Safety Services department, notice sufficiently in advance to allow the District to make 15 other security arrangements in the absence of a school’s SRO. The District may likewise provide training to SROs on school in-service days. 9. 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 either intentional act(s) or 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 either intentional act(s) or 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. 10. MEDICAL/HEALTH AND WORKER’ COMPENSATION BENEFITS In the event of any injury to, or the illness or death of, an SRO, such officer will be considered an employee of the Department while acting in performance of this Agreement, and the Department agrees to extend to any Department SRO the 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 regular work assignment in and for the Department. Any SRO provided pursuant to this Agreement is not an employee of the District, and the District shall have no obligation to provide an SRO with any workers’ compensation or other benefits. 11. 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. 12. COMPLIANCE WITH LAWS The parties hereto agree to, in carrying out the terms of this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to, 16 the laws pertaining to civil rights and laws pertaining to the District and the Department. The Department and its officers, agents and employees in carrying out this Agreement agree that they will not in any way discriminate against others on the basis of sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any sensory, mental or physical disability. 13. NOTICES All notices given herein shall be in writing and shall be sent by personal service or registered mail to the parties at their recognized business addresses. For the District, notice shall be sent by personal service or registered mail to the District’s Chief Information and Digital Strategies Officer who oversees the District’s Safety Services. 14. 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. 15. 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 acknowledges that it has relied on its own judgment in entering into this Agreement. 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 Suzette Cooke, Mayor Date Date 17 ATTACHMENT ‘A’ TO SRO AGREEMENT The parties agree that the total cost to the Department to provide SROs to the District in accordance with the terms of this Agreement is $242,680.66, regardless of actual salary or benefit adjustments that may be made by the Department for its officers. The District’s reimbursement obligation, which is sixty percent (60%) of the total cost to the Department for the SROs provided to the District, equals $145,608.39. Unless overtime is authorized by the District in accordance with Section 6, or the Agreement modified as set forth in Section 6, this sum will be considered the District’s total reimbursement obligation for all SROs 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 officers, subject to the Department’s obligations to refund the District as set forth in section 2(l) . 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 Suzette Cooke, Mayor Date Date P:\Civil\Files\Open Files\1671-Police Services Agreement - KSD\2015-2016\KSD Police SRO Agreement 2015-2016 Final.docx 18 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 11, 2016 TO: Public Safety Committee SUBJECT: 2016-2017 Police Service Agreements with Kent School District - Recommend MOTION: Move to recommend council authorize the mayor to sign the Police Services Agreement and School Resource Officer Agreement between the Kent Police Department and the Kent School District for the 2016-2017 school year, subject to final contract terms and conditions acceptable to the police chief and city attorney. SUMMARY: The Kent Police Department and the Kent School District have partnered for many years to provide school resource officers for various Kent schools, as well as a commander to serve as a liaison and safety advisor to the District. The School Resource Officer Agreement provides that the City will assign one police officer to split his or her time between Kent-Meridian High School and Mill Creek Middle School, and another officer to split his or her time between Kentridge High School and Meridian Middle School. The officers will work in the assigned schools to respond to school safety related incidents, assist in emergency planning, and generally provide for a safe and productive learning environment for students. The Police Services Agreement provides that the City will assign one officer of the rank of commander or above to act as a liaison between the Department and the District, respond to school safety incidents as appropriate, provide school safety related advice to administration, and assist in emergency management planning. In exchange for providing the services called for in the agreements, the District will reimburse the City for 60% of the officers’ total compensation (salary plus benefits), and 25% of the commander’s total compensation. The agreements may be extended for three additional terms, and if extended, the reimbursements will increase in accordance with any increase to the total compensation of the assigned officers and commander. Exhibit: 2016-2017 Police Services Agreement and School Resource Officer Agreement Budget Impact: Income for payment of portion of salaries 19 1 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. 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 1st 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 20 2 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. i. 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. 21 3 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. 22 4 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. 23 5 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 24 6 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 Dr. Calvin J. Watts (Superintendent) Suzette Cooke (Mayor) Date Date 25 7 ATTACHMENT ‘A’ TO POLICE 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. 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 Dr. Calvin J. Watts, Superintendent Suzette Cooke, Mayor Date Date P:\Civil\Files\Open Files\1671-Police Services Agreement - KSD\2016-2017\KSD Police Services Agreement School Safety Services Liaison 2016-2017 Final.docx 26 SCHOOL RESOURCE OFFICER (SRO) AGREEMENT BETWEEN THE KENT POLICE DEPARTMENT AND THE KENT SCHOOL DISTRICT 2016-2017 THIS SCHOOL RESOURCE OFFICER (SRO) AGREEMENT (hereinafter “Agreement”) is made and entered into by and between the City of Kent and its Kent Police Department (hereinafter referred to collectively as the “Department”) and the Kent School District (hereinafter referred to as the “District”) for the provision of School Resource Officers (SROs). WHEREAS, the District desires to have the presence and assistance on school campuses of commissioned law enforcement officers who can work collaboratively with school personnel to enforce the law while building healthy relationships with students of the District; WHEREAS, the Department desires to partner with local school districts and seeks an opportunity for its officers to positively impact the community; and WHEREAS, the District and the Department share a compelling common value in seeing that the community enjoys a safe, sustainable, healthy, and respectful learning environment for its students and staff; 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 September 1, 2016 through August 31, 2017, subject to any prior termination as provided herein and unless extended by written agreement of parties hereto. 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 1st 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 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. 27 2. DUTIES OF THE DEPARTMENT AND ASSIGNED SROs The Department shall provide two (2) commissioned police officers to work as SROs in the District on days in which school is in session during the normal school year plus two workshop days, and one week after the last day of school. In addition, SROs will work on July 4, and up to ten business days scheduled in the month of August for academy training prior to the start of school for the purpose of assisting school personnel in enforcing the law and maintaining a safe, sustainable, healthy, and respectful learning environment for students and staff. The placement of a particular officer in the role of SRO will be a decision mutually agreed upon by the Department and District. a. One SRO will be assigned to the campuses of Kent-Meridian High School and Mill Creek Middle School, with time split between the campuses as deemed appropriate by school administrators and the respective school principals. b. One SRO will be assigned to the campuses of Kentridge High School and Meridian Middle School, with time split between the campuses as deemed appropriate by school administrators and the respective school principals. c. Each SRO shall respond to school incidents in the District as necessary and support District administrators and staff with school safety inquiries and/or needs for assistance. d. Each SRO will provide assistance to enforce the law on school grounds, conduct investigations as necessary, and advise/consult with school personnel regarding best practices for ensuring a safe and secure learning environment. e. Each SRO will develop a daily routine that ensures high visibility to staff, students, parents and community stakeholders. f. Each SRO will have access to education records of District students consistent with access available to members of the District’s Safety Services, but the Department acknowledges that each SRO is restricted in the same manner as other District personnel by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, accompanying regulations, corresponding state law, and District policies from nonconsensual disclosure of such records to third parties without lawful authorization. g. Each SRO will be a positive adult role model and will develop positive relationships with students that promote learning and citizenship. h. Each SRO will work collaboratively with the District’s Safety Services Director, including the preparation of reports as needed regarding school safety activity for the Superintendent and Board of Directors. i. Each SRO will assist, as needed, in the establishment and implementation of emergency operation procedures and threat assessment procedures for buildings. j. Each SRO will assist with contacting truant children and their parents. k. Each SRO will perform other duties as mutually agreed upon by the Kent School District and the Department. l. The Department reserves the right to utilize one or both of the SROs for emergency Department operational needs as determined or declared by the Department’s Chief of Police and the mayor of the City of Kent. Emergency operational needs include but are not limited to the following: severe staffing shortages, natural and/or manmade disasters, or unforeseen city emergencies. In 28 the event that such an emergency arises, the Department will make reasonable efforts to give timely advanced notice to the District and will make reasonable efforts to minimize the duration of their utilization. The Department will also refund the District for all time that one or both SROs are not performing work for the District pursuant to this section 2(l). 3. CONSIDERATION The total compensation for two (2) commissioned officers 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 sixty percent (60%) of the total compensation (salaries/benefits) for two (2) commissioned SROs for the days they work for the District, as mutually agreed by the parties in Attachment A. The sixty percent (60%) 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 It is the intent of this Agreement that the SROs work during scheduled class times and cover the start of school and release of school. Each SRO shall work other hours and days agreed upon by the District, Department, and the officer providing the services; provided, that each SRO’s work schedule shall be subject to the terms and conditions set forth in his or her collective bargaining agreement, which sets forth hours of work, days off, vacation, holidays, etc. One SRO will be assigned to work Monday through Thursday. The second SRO will be assigned to work Tuesday through Friday. 5. OVERTIME Costs associated with approved overtime for District business shall be paid by the District, except that costs associated with overtime for any Department trainings or functions not relating to District business will be paid by the Department. Overtime costs for District business shall be determined by the officers’ collective bargaining agreement with the City of Kent. 6. 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 29 executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. 7. 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 thirty (30) 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 material 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 rata basis, the compensation as set forth in section 3 above. In addition, each party shall have the right to remove a specific SRO from District. Any officer selected to replace an SRO will be mutually agreed upon by the Department and District as set forth in section 2 above. 8. TRAINING The District agrees to permit SROs to attend training sessions required by the Department, provided the Department notifies the District of such training ten (10) calendar days in advance. The Department shall provide the District’s Chief School Operations & Academic Support Officer, who oversees the District’s Safety Services department, notice sufficiently in advance to allow the District to make other security arrangements in the absence of a school’s SRO. The District may likewise provide training to SROs on school in-service days. 9. 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. 30 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. 10. MEDICAL/HEALTH AND WORKER’ COMPENSATION BENEFITS In the event of any injury to, or the illness or death of, an SRO, such officer will be considered an employee of the Department while acting in performance of this Agreement, and the Department agrees to extend to any Department SRO the 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 regular work assignment in and for the Department. Any SRO provided pursuant to this Agreement is not an employee of the District, and the District shall have no obligation to provide an SRO with any workers’ compensation or other benefits. 11. 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. 12. COMPLIANCE WITH LAWS The parties hereto agree to, in carrying out the terms of this Agreement, 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 the Department. The Department and its officers, agents and employees in carrying out this Agreement agree that they will not in any way discriminate against others on the basis of sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any sensory, mental or physical disability. 13. NOTICES All notices given herein shall be in writing and shall be sent by personal service or registered mail to the parties at their recognized business addresses. For the District, notice shall be sent by personal service or registered mail to the District’s Chief School Operations & Academic Support Officer who oversees the District’s Safety Services. 31 14. 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. 15. 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 acknowledges that it has relied on its own judgment in entering into this Agreement. 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 Suzette Cooke, Mayor Date Date 32 ATTACHMENT ‘A’ TO SRO AGREEMENT The parties agree that the total cost to the Department to provide SROs to the District in accordance with the terms of this Agreement is $257,110.62, regardless of actual salary or benefit adjustments that may be made by the Department for its officers. The District’s reimbursement obligation, which is sixty percent (60%) of the total cost to the Department for the SROs provided to the District, equals $ 154,266.37. Unless overtime is authorized by the District in accordance with Section 6, or the Agreement modified as set forth in Section 6, this sum will be considered the District’s total reimbursement obligation for all SROs 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 officers, subject to the Department’s obligations to refund the District as set forth in section 2(l) . 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 Dr. Calvin J. Watts, Superintendent Suzette Cooke, Mayor Date Date 33 34 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 11, 2016 TO: Public Safety Committee SUBJECT: Police Chief’s Update – Information Only Information Only SUMMARY: Chief Thomas will present information regarding the current events affecting the police department. 35