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HomeMy WebLinkAbout6133PROFESSIONAL SERVICES AGREEMENT January 1, 2020 through June 30, 2020. 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 afull-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 procedures laid out (see Policy 3226 and 3226P). 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 regular scheduled basis. II. Term: This agreement shall be effective January 1, 2020 through June 30, 2020. III. Compensation: In consideration of the services provided pursuant to this Agreement, the District shall pay the City of Bremerton Treasurer Fifty -Eight Thousand Dollars ($58,000) on or before April 30, 2020. 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. 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 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. School Resource Officer Page 1 of 3 Pro-rata refunds for the remaining pre -paid term of this agreement, if any, shall be refunded to District should either party initiate termination. 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 of 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 officer, 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 judgement 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 AL IAharmless 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 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. School Resource Officer Page 2 of 3 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 DATE: BURCHETT, Police Chief APPROVED AS TO FORM: ER A. LUBOVICH, City Attorney �e SCHQOL DISTRICT 100-C School Resource Officer Page 3 of 3