071-18 - South Kitsap School District - ContractIAW ENFORCEMENT OFF-DUTY SERVICES
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into by the City of Port Orchard ("CiV'),
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 WORKTO 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 one week advance notice will be given in or der to
ensure that 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 of 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 and reviewed by the City. The decision to schedule officer(s)
shall be made by the City, in its sole discretion, based on the type of event, needs of the City,
and relevant offlcer 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 special duty in the event of 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 S100.00 per hour for each service hour
rendered by an officer with a MINIMUM of THREE hours pay.
DURATION/rERMINATION: This MOU shall become effective on the date of signing and shall
remain in effect through August 3L,20!9, 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. Termination of the agreement shall not relieve either party of any obligation
incurred prior to the termination date.
ENFORCEMENT: ln 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.
IICENSE 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 are neither agents
nor employees of the District. The Port Orchard Police Department shall have full control and
supervision of its officers at all times. The City will hold final approval of contract and
manpower for the peace and safety of officers and citizens of the City. Nothing shall limit the
City's authority to exercise law enforcement powers.
INDEMNITY AGREEMENT: The City shall defend, indemnify and hold the District, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or resulting from the acts, errors, or omissions of
the City, its officers, officials, employees and volunteers in performance of this agreement,
exceptforinluriesanddamagescausedbythesolenegligenceoftheDistrict. Districtshall
defend, indemnify and hold the City, its officers, officials, employees and volunteers harmJess
from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of
our resulting from the acts =, errors or omissions of the District, its officers, officials, employees
and volunteers, except for the injuries and damages caused by the sole negligence of the City.
CAICULATION 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
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 prisoners regardless of whether hours are
beyond requested, contracted service hours.
COSTS TO BE BILIED: Costs incurred under this agreement shall be billed to:
South Kitsap Schoo! District
1952 Hoover Ave., SE
Port Orchard, WA 98365
Attn: Jennifer Farmer
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:
CIW OF PORT ORCHARD, WASHINGTON
c.rti
Chief of
Date:
By:
Robert Pu Mayor
, MMC, City Clerk
RPO
SOUTH KITSAP SCHOOL DISTRICT
By:
Title:
Date
EALS