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AGENDA BILL CITY OF BREMERTON 7G CITY COUNCIL SUBJECT: Professional Services Study Session Date: _June 28, 2017 Agreement with the Bremerton School COUNCIL MEETING Date: July 5, 2017 District for a full-time School Resource Department: Police Officer Presenter: Steven Strachan Phone: (360) 473-5224 SUMMARY: Provide a full-time School Resource Officer to work with the District and building administrators to provide a positive, safe environment for students and employees in 2017 and 2018. ATTACHMENTS: Professional Services Agreement with the Bremerton School District FISCAL IMPACTS (Include Budgeted Amount): The Bremerton School District will pay the City $61,500 to offset the costs of the program for 2017, and $70,500 for 2018. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with the Bremerton School District for a full- time School Resource Officer; and to authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: dApprove Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action PROFESSIONAL SERVICES AGREEMENT January 1, 2017 through December 31, 2018 The City of Bremerton ("City") and the Bremerton School District 100-C ("District"), 'referred to collectively as the "Parties," enter into the following Agreement for security services: I. Scope: The City will provide a full-time School Resource Officer (SRO) to assist faculty, staff, students, and families within the Bremerton School District. The SRO's primary service areas will be Bremerton High School and Mountain View Middle School. Assistance at other Bremerton Schools will be provided as requested. The SRO will assume regular police duties outside of the scheduled academic calendar. The SRO, along with the Chief of Police or his designee, will work with the District and building administrators to provide a positive, safe environment for students and employees. City officials will work with the District to plan and carry out in -services for staff which will help staff learn to identify safety risks and learn appropriate responses in unsafe, situations. The SRO will work with individual students and groups of students to encourage positive behavioral choices. The SRO will at all times follow the procedures laid out by building principals. District and SRO will work closely to plan and implement specific activities designed to improve student behavioral choices at each site. All parties agree to meet together on a regularly scheduled basis. II. Term: This Agreement shall be effective January 1, 2017 through December 31, 2018. III. Compensation: In consideration of the services provided pursuant to this Agreement, the District shall pay the City of Bremerton Treasurer Sixty-one Thousand Five Hundred Dollars ($61,500) in total for the calendar year of services for 2017. The District shall make payments of Forty-one Thousand Dollars ($41,000) on or before April 30, 2017 and Twenty Thousand Five Hundred Dollars ($20,500) on or before September 30, 2017. The District shall pay Seventy Thousand Five Hundred Dollars ($70,500) for the calendar year of 2018 as follows: Forty-eight Thousand Dollars ($48,000) on or before January 30th 2018 and Twenty-two Thousand Five Hundred Dollars ($22,500) on or before September 30, 2018. IV. Relationship of Parties: The SRO is an employee of the City of Bremerton Police Department and will answer to the Police Chief. V. Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. School Resource Officer Pagel of 3 VI. Nondiscrimination: The Parties shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability. VII. Termination: This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after 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 breach of the Agreement by the other party. VIII. Indemnification: The School District shall defend, indemnify and hold harmless the City 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 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 sole negligence of the City, its officers, agents and employees, or any of them. In any action for which the School District defends the City, the School 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 officers, 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 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 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 for which the City defends the School District, the City shall have the School Resource Officer Page 2 of 3 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. IX. Venue Stipulation: The laws of the State of Washington shall be applicable to the construction and enforcement of this Agreement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision herein shall be instituted in Kitsap County, Washington. CITY OF BREMERTON PATTY t�ft, Mayor Steven Strachan, Date10, -09071 APPROVED Roger A. TO FORM: School Resource Officer Page 3 of 3 BREMERTON SCHOOL DISTRICT 100-C Date VIVO D✓� Board tnber Date igIs 1 17 ev Date