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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