071-24 - South Kitsap School District - ContractDocusign Envelope ID: 227200B7-CE23-4D93-BB38-79EE38DEF407
LAW ENFORCEMENT OFF -DUTY SERVICES
MEMORANDUM OF UNDERSTANDING
Contract No. 071-24
This Memorandum of Understanding (MOU) is entered into by the City of Port Orchard
("City"), a municipality of the State of Washington; and South Kitsap School District
("District"), for the provision of services by off -duty regular commissioned Police
Officers.
LOCATION AND DESCRIPTION OF WORK TO BE PERFORMED: This MOU provides off -
duty police services to the District at premises designated by the District. Port Orchard
Police Officers agree to provide routine law enforcement services, exercise law
enforcement powers, provide security, protection of life and property, and the
enforcement of relevant laws.
DATES AND TIMES OF WORK: Days and hours of work are to be requested at the
discretion of the District. Whenever possible, at least two weeks of advance notice will
be given to ensure officers have adequate notice to sign up for off -duty jobs. Nothing in
this MOU shall be interpreted as an obligation of the City to guarantee coverage for
such off -duty service requests.
NUMBER OF OFFICERS: The number of officers needed to fill each separate duty
assignment shall be requested by the District to the City at least fourteen (14) days prior
to the event. The decision to schedule officer(s) in response to a District request shall be
made by the City, in its sole discretion, based on factors including but not limited to the
type of event, needs of the City, and relevant officer safety issues. Nothing herein shall
be interpreted to require the provision of officers at any given time or location and the
City reserves the right to call away officers assigned to this off -duty work for any reason,
including but not limited to an emergency or other public safety situation which
requires the resources of the City's law enforcement personnel.
UNIFORMS, VEHICLES, AND EQUIPMENT: Officers will be required to wear department
uniforms except when undercover work is pre -approved by the City. Use of a
department vehicle or other equipment will be determined by the City depending on
the availability of said vehicles/equipment and the type of work to be provided.
HOURLY BILLING RATE: District shall pay to the City $100.00 per hour for each service
hour rendered by an officer with a MINIMUM of THREE hours pay.
DURATION/TERMINATION: This MOU shall become effective on the date of signing and
shall remain in effect through August 3111, 2027, and may be extended thereafter by
written mutual agreement. The agreement may be terminated by either party upon
written notice delivered to the other party.
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ENFORCEMENT: In any suit or action instituted to enforce any right granted in this
MOU, the substantially prevailing party shall be entitled to recover its costs,
disbursements, and reasonable attorney's fees from the other party. Any action for
claims arising out of or relating to this agreement shall be governed by the laws of the
State of Washington. Venue shall be in Kitsap County Superior Court.
LICENSE AND CERTIFICATE: District is responsible for any and all licenses, fees, or
insurance required or necessary to perform its normal business within the City.
INDEPENDENT CONTRACTOR: Police officers assigned pursuant to this MOU remain, at
all times, employees of the City and are neither agents nor employees of the District.
The City and the Port Orchard Police Department shall always have full control and
supervision of its officers. The City continues to hold final approval of contract and
manpower for the peace and safety of officers and citizens of the City. Nothing herein
shall limit or infringe upon the City's authority to exercise law enforcement powers.
NO SPECIAL DUTY: The District expressly acknowledges that the officers on this off -duty
assignment are primarily responsible to the City to perform law enforcement duties that
are the same in extent and scope as those provided by police officers to every member
of the public. The City expressly disclaims any guarantee as to the safety or security of
persons or property on the District's premises, and the City makes no representations or
warranties as to such safety or security by entering into this MOU. This MOU and
performance thereof by the officers shall not create any special relationship with any
person or duties to protect any specific person(s) from harm or injury, including the
District and its employees, agents, or invitees.
The District retains its legal responsibility for the safety and security of the District, its
employees, students, invitees, and property, and this MOU does not alter this
responsibility in any way.
INDEMNITY AGREEMENT: Each party shall be responsible and liable for its own actions
or failure to act on the part of itself, its employees and its agents. Neither party shall
indemnify or hold the other party harmless. Nothing contained herein shall be deemed
to waive immunities established pursuant to state law.
CALCULATION OF SERVICE HOUR: Law enforcement action taken during contracted
time could result in an incident or arrest report and prisoner processing. Hours worked
to complete the contracted work will be billed to the District and may be in excess of
normal hours expressly requested pursuant to this agreement. District agrees to pay
unrequested costs to the extent necessary to prepare adequate reports, and process
arrestees regardless of whether hours are beyond requested, contracted service hours.
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COSTS TO BE BILLED: Costs incurred under this agreement shall be billed to:
South Kitsap School District
2689 Hoover Ave., SE
Port Orchard, WA 98366
Attn: Monika Hunsaker
The City shall invoice the District and payment shall be made by the District within thirty
(30) calendar days after receipt of the invoice.
RECORDS. No separate administrative or legal entity is created by this Agreement.
Accordingly, this Agreement does not create an independent public agency separately
subject to the Public Records Act ("PRA"), Chapter 42.56 RCW. Accordingly, any
requests for public records relating to the work performed by a party pursuant to this
Agreement shall be handled by the agency in receipt of the request and processed in
accordance with the sole discretion of that agency.
ENTIRE MOU/AMENDMENTS: This MOU, together with attachments or addenda,
represents the entire and integrated MOU between the parties hereto and supersedes
all prior negotiations, representations, or agreements, either written or oral. This MOU
may be amended, modified, or added to only by written instrument properly signed by
both parties.
AGREED:
CITY OF PORT ORCHARD, WASHINGTON SOUTH KITSAP SCHOOL DISTRICT
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Docusign Envelope ID: 227200B7-CE23-4D93-BB38-79EE38DEF407
E11DoSigned by:
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Matt Brown, Chief of Police
Date: 9/4/2024
Signed by:
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Robert Putaansuu, Mayor
A I g�,UJUENTICATED:
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Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Signed by:
Char otte A. Archer, City Attorney
Tirfi Winter, Superintendent
Date: g t
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