AG 24-035 - FEDERAL WAY PUBLIC SCHOOLS DISTRICT 210RETURN TO: Casey Jones EXT: 6713
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: PD
2. ORIGINATING STAFF PERSON: Casey Jones EXT: 6713 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): A INTERLOCAL
❑ OTHER
5. PROJECT NAME: School resource officers
6. NAME OF CONTRACTOR: Federal Way Public Schools District 210
ADDRESS: 33330 8th Ave South, Federal Way, WA 98003 TELEPHONE 253-945-2070
E-MAIL: FAX:
SIGNATURENAME: Dr. Dani Pfeiffer TITLE Superintendent
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES A PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: Aug 30, 2023 COMPLETION DATE: Aug 30, 2024
9. TOTAL COMPENSATION $ Gz dii QV1 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES [ENO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ®YES iDNO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
9 PROJECT MANAGER CJ 08-18-2023
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
® LAW JE 8/25/23
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: -
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
� INITIAL/ DATE SIGNED
V- AW DEPARTMENT ?i
l P—MNATORY (MAYOR OR DIRECTOR)
CITY CLERK 4
❑ ASSIGNED AG# # .p
COMMENTS:
1.3 Where does .7309 and .2691 come from? 1.7 Here are those numbers again. This section also says there are 250 work days annually. Aren't there 260 work days annually?
5 days a week X 52 weeks = 260 work days. Maybe the 250 figure accounts for holidays or something. Do you know? 1.9 Is this section about daily routine needed? Not sure what it is,
10.3 Check the wording throughout this paragraph. And, I checked most of the RCWs and other codes in the ILA Some of the RCWs are old and have been replaced with newer ones. Would you doublecheck please.
2/20 17
�Fe d e ra I Way CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www o1yoffederalway com
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO.210
FOR
SCHOOL RESOURCE OFFICERS
This Interlocal Agreement ("Agreement") is made and entered into this 29th day of August, 2023,
by and between the City of Federal Way, a Washington municipal corporation ("City"), and
Federal Way Public Schools number 210, ('District"). The City and District (together "Parties")
are located and do business at the below addresses which shall be valid for any notice required
under this Agreement:
FEDERAL WAY SCHOOL
DISTRICT NO.210:
Dr. Dani Pfeiffer, Superintendent
33330 8th Ave. S.
Federal Way, WA 98003
(253) 945-2070 (telephone)
(253) 945-2055 (facsimile)
CITY OF FEDERAL WAY:
Andy Hwang, Chief of Police
33325 8th Ave. S. Suite #101
Federal Way, WA 98003-6325
(253) 253-835-6701 (telephone)
(253) 253-835-6739 (facsimile)
Pursuant to Chapters 39.34 and 28A.320 RC W, the City and District may enter into an agreement
through their respective legislative bodies whereby the City will provide fully commissioned
police officers to serve as School Resource Officers on District property pursuant to such terms as
may be mutually agreed upon. It is considered necessary, desirable, and in the public interest that
the City and District exercise the rights and privileges afforded by said statutes. Therefore, it is
mutually agreed by and between the City and District as follows:
1. DEFINITIONS. The following definitions shall apply to this Agreement:
I.I. City. - The City of Federal Way.
1.2. District. - Federal Way Public Schools.
1.3. School Resource Officer ("SRO"). - A commissioned law enforcement officer in the
State of Washington with sworn authority to make arrests, deployed in community -
oriented policing, and assigned by the employing police department to work in schools
to build positive relationships with students and to address crime and disorder
problems, gangs, and drug activities affecting or occurring in or around K-12 schools.
School resource officers should focus on keeping students out of the criminal justice
system when possible, and should not be used to attempt to impose criminal sanctions
in matters that are more appropriately handled within the educational system. The SRO
assignment at the school campuses is the equivalent of a 0.7309 full-time police officer
with the remainder, 0.2691, to be assigned at the discretion of the Department.
Adjustments to this staffing allocation may be made if mutually agreed upon between
the District and the City.
CITY OF
,...� Fe d e ra 11Nay
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www otyoffederal way. com
1.4. School Campus. - The school buildings and all parking lots or outside common areas
adjacent to school buildings.
1.5. Department or "FWPD". - The Federal Way Police Department, City of Federal Way.
1.6. School Year. - One hundred eighty (180) days of official school days and one day
before and one day after for preparation, closing, and staff meetings, totaling one
hundred eighty-two (182) days between the months of August 2023 and June 2024.
The preparation day and the closing day shall be mutually agreed upon between the
SRO and the building principal. The District "in-service training day" for the Security
Department at the beginning of each school year is considered mandatory attendance
for all SROs.
1.7. Annual Cost Letter. — A letter outlining the anticipated annual costs for services for the
next school year submitted by the City to the District in the month of February. The
anticipated costs will be calculated as the 73.09% of the sum of the four SRO salaries.
(73.09% represents the ratio of 182 days worked under this contract to the total of 250
days worked annually by an officer). Adjustments to this calculation may change based
on reduced officer deployment or increased labor costs paid by the City due to labor
agreements or other required changes in officer compensation.
1.8. Extra -duty Assignments. - Extra -duty assignments include, but are not limited to,
athletic games, dances, graduations, and other events that occur outside the normal
school day as defined in Section 5, Hours of Work.
1.9. Daily Routine. - The daily routine includes assignment to various locations on/around
the school campus or at various events. The daily routine does not include policies,
procedures, guidelines, or work rules.
1.10. Overtime. - Overtime costs are calculated and paid in accordance with the Fair Labor
Standards Act and the Federal Way Police Officers Guild Contract. The District shall
be billed for only school -related overtime, which includes incidents that begin on the
school grounds during the SRO's scheduled workday and continue into overtime.
Overtime related to criminal incidents that do not involve the school should not be
billed.
1.11. Sister Schools. - This philosophy can provide continuity of staffing during absences as
described in Section 3.5. Decatur and Todd Beamer SROs can provide coverage for
each other, as can Federal Way and Thomas Jefferson.
1.12. Unscheduled absence. - An unscheduled absence is defined as the Federal Way Police
Department being notified of an absence by an assigned SRO less than twenty-four
(24) hours prior to the scheduled shift.
2. PURPOSE.
2.1. It is the intent of the Parties that the City provide one SRO to each of the following
District high schools: Decatur, Federal Way, Thomas Jefferson, and Todd Beamer. If
the police department permanent staffing model allows for the allocation of an
additional full-time SRO, that fifth SRO could be added to act as "relief' SRO to
cover SRO absences, to be present at Truman High School during lunch and dismissal
time when possible, to support other SROs or SRO -related duties, and to handle other
assignments as needed.
CITY OF
�. Federal Way
CITY HALL
33326 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www o4,offederalway com
2.2. School resource officers (SRO) attend to the safety and security needs of staff, students,
and visitors in District schools. SROs are assigned to a designated high school, but may
also respond to requests for police services throughout the Federal Way Public Schools
system including middle schools, elementary schools, and other locations as
determined by the City and District and agreed to by the Parties in writing. SROs should
not be involved in administrative school issues unless requested by the school
administration per their policies and procedures.
2.3. The paramount responsibility of SROs is to protect the lives of the innocent at schools
or school -related activities. In active -shooter or active -killer incidents, SROs would
likely be the first to respond — even before patrol officers or SWAT teams. As such,
each SRO should be ready and prepared to mitigate scenes of violence, including active
shooter, active killer, and other violent situations. The position also requires that SROs
provide active -assailant training to school administrators, staff, faculty, and students —
the current curriculum is Run, Hide, Fight.
2.4. SROs must be fluent in current social and law -enforcement issues that impact schools,
students, and youth. SROs present crime prevention education, solve security and law
enforcement problems, foster a cooperative working relationship with school district
personnel and students, and are positive role models for youth. SROs attend school
meetings and attend FWPD training sessions. Representing Federal Way Police
Department (FWPD) and law enforcement in general, SROs should embrace the
opportunities to positively interact with youth. They should focus on keeping students
out of the criminal justice system when applicable and should not attempt to impose
criminal sanctions in matters that are more appropriately handled within the educational
system. Formal and informal mentoring programs promote constructive relationships
between police and students, help at -risk youth make good choices, and improve school
safety. These relationships develop over time because the officers are positive role
models and are visible resources on campus.
3. CITY'S RESPONSIBILITIES
3.1. SRO Assignment to the School Campus. Upon receipt of Notice from the District, the
City agrees to assign a minimum of four (4) SROs for a rotation of one school year at
Decatur, Federal Way, Thomas Jefferson, and Todd Beamer High Schools. The City
will collaborate with the District to jointly determine a hiring and placement process.
In the event of operational needs or other unforeseen circumstances, the City will assign
replacement SROs. The Department will work with the school district to ensure all
SROs are current and trained to meet legislative requirements before assignment.
3.2. Required Annual Training. The following training shall be completed by all SROs on
an annual basis:
a) Constitutional and civil rights of children in schools, including state law governing
search and interrogation of youth in schools;
b) Child and adolescent development;
c) Trauma -informed approaches to working with youth;
d) Recognizing and responding to youth mental health issues;
e) Educational rights of students with disabilities, the relationship of disability to
behavior, and best practices for interacting with students with disabilities;
CITY of
-ft
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. cityoffederalway com
f) Bias -free policing and cultural competency, including best practices for interacting
with students from particular backgrounds, including English learner, LGBTQ,
immigrant, female, and nonbinary students;
g) Local and national disparities in the use of force and arrests of children;
h) Collateral consequences of arrest, referral for prosecution, and court involvement;
i) Resources available in the community that serve as alternatives to arrest and
prosecution and pathways for youth to access services without court or criminal
justice involvement;
j) De-escalation techniques when working with youth or groups of youth;
k) State law regarding restraint and isolation in schools, including RCW 28A.600.485;
and
1) The federal family educational rights and privacy act (20 U.S.C. Sec. 1232g)
requirements including limits on access to and dissemination of student records for
noneducational purposes.
3.3 Performance Evaluations, Discipline, Assignment, and Other Personnel Actions. The
City will continue to evaluate the performance of the SROs, to administer discipline,
to investigate allegations of misconduct, assign duties, and take any other personnel
action in accordance with applicable City policies, guidelines, and/or collective
bargaining agreement. The City will collaborate with the District to jointly determine
a performance evaluation process that includes input from the District.
3.4 Complaints. Complaints by families or scholars may be filed with either the District or
the City by contacting the District's Human Resources Department or the City's SRO
supervisor/lieutenant. Complaints received by the District will be forwarded to the City.
Complaints will be forwarded to the SRO supervisor, who will investigate per City
policies, guidelines, and collective bargaining agreement. SRO supervisor will
communicate in writing with District HR and complainant on the outcome of
complaints within 30 days of receiving the complaint.
3.5 Staffin-.
a) Scheduled absence. The City agrees to provide a full -day replacement for each day
of scheduled absence with the following exceptions:
i. Each SRO shall attend one day of mandatory training provided by the
City per month. During mandatory training, the City shall maintain a
minimum of three (3) SROs on -duty.
ii. The SRO may attend additional designated training approved by the City
and with the agreement of the building principal. The Safety and Security
Director will be notified as soon as practical. When training outside of the
mandatory monthly training is approved, a minimum of three (3) SROs will
be provided by the City.
iii. The SROs may attend the professional learning opportunities offered by
the District, especially in the areas of restorative practices, adverse
childhood effects, positive behavior interventions, and cultural competency
trainings. In the effort to more fully support the SRO district/school
partnership, these trainings are focused on the strategic plan, the goals
within the strategic plan, and initiatives supporting District work.
b) Unscheduled Absence. The City shall maintain a minimum of three (3) SROs
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
assigned within the District during school hours except during exigent
circumstances, which include but are not limited to public safety situations that
require extraordinary police response.
c) Absence for Other Duties and/or Training. Except as noted above, the City agrees to
provide a replacement officer for the hours of absence in the event an SRO is absent
more than four (4) hours for Department duties and/or training.
d) SRO Selection. The District and the City will partner for the SRO selection process
when a vacancy presents itself. This will ensure that the needs of the district and
school are taken into consideration.
e) During the course of the year, if the City allocates an additional officer to the SRO
unit, the City would use the additional staffing as a relief SRO to fill in absence in
support of a minimum of four (4) SROs. In the event the relief SRO is already
assigned to cover a building, or the position is unfilled, the resulting coverage will
be provided as described in the "sister school" section 1.11.
3.6 Transport of Criminal Suspects. In situations that require transportation of arrested or
detained individuals, the SRO will normally remain on the school campus, while
additional responding police officers would be tasked to transport said individuals.
The City, in its discretion, may require the SRO to leave the school campus and
transport the individuals.
3.7 Invoices.
a) Regular SRO Work. The City will submit two invoices during the school year,
one in January and one in June, for work performed. Each invoice represents
work for 91 days, which equates to one-half of the school year.
b) Extra duty Assi nib. The City will submit an invoice monthly for all work as
a result of extra -duty assignments. The Parties understand that extra -duty
assignments may create overtime charges. Extra duty assignments are described
in section 1.8.
c) Overtime. The City will submit an invoice monthly for all overtime worked. The
City maintains responsibility to document overtime. Overtime shall not be
charged for law enforcement work required beyond the normal SRO schedule
when it is within the normal body of police investigations.
3.8 Annual Cost Letter. On or before February 1 st of each year the City will provide the
District Security Director an Annual Cost Letter estimating the anticipated annual
costs for services for the next school year.
3.9 Uniform and Equipment.
a) Uniforms. Normally SROs will be attired in police uniforms. However, either
upon the request of the building principal or, if applicable, the Memorial Field
Coordinator, other attire may be approved by the City for specific occasions.
Dress down attire will maintain a professional image and may include bike
uniforms or other activity -specific attire.
b) Transportation. The City, in its discretion, may provide vehicles or other means of
transportation for SROs.
c) Radio Communications. The City will provide SROs with radios capable of
routine and/or emergency interaction with dispatch operations, and integrated
with the regional public safety radio network. Cellular phones may be provided at
CITY of CITY HALL
Federal Way a y 33325 Avenue South
Federall Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
the City's discretion.
3.10 Extra -duty Assignments. The City agrees to attempt to assign the extra -duty work to
the SRO assigned to the particular school campus but will also attempt to reduce any
overtime.
3.11 Data collection. The following data will be collected regarding calls for law
enforcement service, including student arrest and referral for prosecution, offense
type, race, gender, age, and students who have an individualized education program
or plan developed under section 504 of the federal rehabilitation act of 1973. The data
will be retained for three years and sent to the District contact by June 30th. The
District will then report this data to OSPI an annual basis.
3.12 Record Check. Pursuant to RCW 28A.400.303, the City shall require a record check
through the Washington State Patrol criminal identification system under RCW
43.43.830 through 43.43.834, 10.97.030 and 10.97.050 and through the Federal
Bureau of Investigation before hiring any employee who will have regularly
scheduled unsupervised access to children in the School District's schools. The record
check shall include a fingerprint check using a complete Washington state criminal
identification fingerprint card. The City shall provide a copy of the record report to
the applicant. When necessary, applicants may be employed on a conditional basis
pending completion of the investigation. If the applicant has had a record check
within the previous two years, the City may waive the requirement.
3.13 Crimes Against Children. Pursuant to RCW 28A.400.330, as now or hereafter
amended, the City shall prohibit any employee of the City from working at a public
school who has contact with children at a public school during the course of his/her
employment and who has pled guilty to or been convicted of any felony crime
specified under RCW 28A.400.322. Any failure to comply with this section shall be
grounds for the School District to immediately terminate this Agreement.
4 DISTRICT'S RESPONSIBILITIES.
4.1 District _Request Removal of SRO. The District may request removal of an SRO for
unsatisfactory performance or for incompatibility. All requests for removal must be in
writing from the District's designee or the building principal of the school being
served by the SRO and submitted to the Chief of Police.
4.2 Performance Comments. The District's designee will provide the City's SRO
supervisor with performance comments and observations concerning the SRO after
consultation with the building principal. The SRO supervisor is wholly responsible
for the SROs' performance appraisal. However, the SRO supervisor will collaborate
with the District to include District input in the performance appraisal.
4.3 Compensation. The rate for the SROs will adjust annually in accordance with the
Police Department Guild Collective Bargaining Agreement. Upon receipt of an
invoice, the District will reimburse the City within thirty days, exclusive of overtime
and extra duty assignments costs.
a) Annual Negotiation of Costs. After February 1 st of each year, the District agrees
to negotiate the compensation for the following school year based upon the
anticipated costs of services as set forth in the Annual Cost Letter in Section 3.8.
b) Extra -duty assignments. The District agrees to pay the prevailing hourly rate for
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 836.7000
www.cityo11ed8reMW com
each extra duty hour worked by a police officer. In the event that overtime is
incurred, the District agrees to pay the overtime rate as defined in Section 1.10.
c) New Positions. In the event the City and the District agree to establish additional
SRO positions during the school year, the District will pay the proportionate
amount based upon the actual days worked.
d) Overtime. The District agrees to pay authorized overtime costs in accordance with
the Fair Labor Standards Act and the Guild Contract.
4.4 Office Space/Equipment.
a) The District will provide an office space, desk, dedicated phone line, voice mail,
district and internet based electronic mail, and a computer for each SRO.
b) The District will provide access to private interview rooms.
c) Generally, the school campus of the District will provide a site -based portable
radio to permit communications between staff and the SRO, and to enable
monitoring of staff/campus activities. In the event a site -based radio is not
provided, it is the responsibility of the site principal to ensure that acceptable
alternative communication protocols and methods are in place.
4.5 Extra -Duty Assignments. The District shall determine the need for extra -duty
assignments. Should there be a need for an SRO, the District reserves the right to
negotiate with the City for "extra -duty" police services as defined in Section 1.8. The
District's first preference is that the SRO assigned to the school would also be
assigned to the extra -duty assignments. When this is not possible, the extra duty
assignments shall be offered in the following order of priority; first, to current SROs
in the District, and second to other Department police officers.
4.6 Assignment of Daily Routine. The principal may request changes to the daily routine
of the SRO, provided the assignment does not conflict with City policies, guidelines,
protocols, work rules and/or applicable collective bargaining agreement.
4.7 Transport Students. The District will maintain the responsibility to transport students
not involved in criminal activity.
4.8 Officer Intervention. The District will outline policies and procedures to clarify the
circumstances under which teacher and school administration may ask for an officer
to intervene with a student.
5 HOURS OF WORK
5.1 Hours of Work. An SRO will normally work an eight -hour shift, inclusive of the
lunch period and school hours. The SRO may be subject to call during the lunch
period. The actual hours worked will be determined by written agreement between
the District and the City. The Parties recognize that the SRO is subject to the Fair
Labor Standards Act (FLSA) and that overtime may occur.
5.2 SROs will attend weekly campus -based meetings with peer SROs and/or SRO
supervisor. The weekly meeting will be rotated between campuses and will not
exceed sixty (60) minutes. SROs are encouraged to attend the regional SRO meeting.
6 TERM
6.1 The term of this Agreement shall be for a period of one year, from August 29, 2023
through August 28, 2024, unless terminated pursuant to Section 7 hereof. Thereafter,
CIT
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoffederalway com
this Agreement shall annually be reviewed for potential re -adoption by the Parties
unless terminated pursuant to Section 7 hereof. The annual review and adoption
process shall involve parents, students, and community members.
7 TERMINATION
7.1 The District may terminate this Agreement for "just cause" provided that it has
provided ninety (90) days prior written notice to the City. "Just Cause" shall mean
the City's failure to perform its obligations under this Agreement following notice
from the District of such failure and after an opportunity for the City to cure or satisfy
such obligations.
7.2 Either party may terminate this Agreement with or without cause at the end of the
school year by ninety (90) days prior written notice to the other party. For the
purposes of this paragraph, the school year end date shall be June 30th of the current
year.
8 INSURANCE
8.1 Amount. It is hereby understood and agreed that each Party to this Agreement shall
obtain and maintain public liability insurance in an amount not less than Two Million
and NO/100 dollars ($2,000,000) single limit liability.
8.2 Certificate. Each Party shall provide proof of insurance coverage to the other Party.
The City shall provide the District with an evidence of coverage letter. The District
shall provide the City with an evidence of coverage letter from the Washington
Schools Risk Management Pool. Insurance coverage shall be maintained at all times.
9 INDEMNIFICATION
9.1 The District. The District agrees to defend, indemnify, and hold the City, its elected
officials, officers, employees, agents, and volunteers harmless from any and all
claims, demands, losses, actions and liabilities (including costs and all attorney fees)
to or by any and all persons or entities, including, without limitation, their respective
agents, licensees, or representatives, arising from, resulting from, or connected with
this Agreement to the extent caused by the negligent acts, errors or omissions of the
District, its partners, shareholders, agents, employees, or by the District's breach of
this Agreement.
9.2 The City. The City agrees to defend, indemnify, and hold the District, its elected
officials, officers, employees, agents, and volunteers harmless from any and all
claims, demands, losses, actions and liabilities (including costs and all attorney fees)
to or by any and all persons or entities, including, without limitation, their respective
agents, licensees, or representatives, arising from, resulting from, or connected with
this Agreement to the extent caused by the negligent acts, errors or omissions of the
City, its partners, shareholders, agents, employees, or by the City's breach of this
Agreement.
9.3 Survival. The provisions of this article shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or
termination.
CITY OF CITY HALL
South
Federal Way Feder l Avenue 8003
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
10 GENERAL PROVISIONS
10.1 Administration. The responsibility for overseeing the compliance with the provisions
of this Agreement shall be handled jointly between the Parties, and no separate legal
or administrative entity shall be formed by the Parties for such purpose.
10.2 Independent Contractor. It is the intention of the City and of the District that each
SRO is a City employee.
10.3 Confidentiality. Both the School District and the City are governed by laws requiring
confidentiality for certain records and information contained therein. Pursuant to
RCW 13.50.010 the City and the School District are "juvenile justice and care"
agencies which maintain records (hereinafter "juvenile records") as defined in RCW
13.50.010. Both Parties agree that the juvenile records will only be released in
accordance with RCW 13.50.050 and the Washington State Public Records Act,
Chapter 42.56 RCW (Public Records Act). The City will not release copies of reports,
investigations, or other documents which are not juvenile records if such records are
exempt from disclosure under either the Public Records Act or the Criminal Privacy
Act or RCW equivalents. Pursuant to the terms of the Family Educational Rights and
Privacy Act, 20 USC § 1232g and regulations promulgated thereunder, City personnel
providing security services to the School District may be provided access to student
records in the course of their duties and will be expected to maintain the
confidentiality of such information except as disclosure is permitted by law. For the
purposes of the foregoing statute, the City shall be recognized as an official law
enforcement unit of the School District.
10.4 Entire Agreement. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement and no prior
agreements or understandings pertaining to any such matters shall be effective for any
purpose.
10.5 Modification. No provision of this Agreement may be amended or added to except by
agreement in writing signed by the Parties or their respective successors in interest.
10.6 FuII Force and Effect. Any provision of this Agreement which is declared invalid,
void or illegal shall in no way affect, impair, or invalidate any other provision hereof
and such other provisions shall remain in full force and effect.
10.7 Assignment. Neither the City nor the District shall have the right to transfer or assign,
in whole or in part, any or all of its obligations and rights hereunder without the prior
written consent of the other Party.
10.8 Attorney Fees. In the event the City or the District defaults on the performance of any
terms in this Agreement, and the District or City places the enforcement of the
Agreement or any part thereof, or the collection of any monies due, or to become due
hereunder, or recovery of possession of any belongings, in the hands of an attorney,
or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and
expenses. The venue for any dispute related to this Agreement shall be King County,
Washington.
10.9 No Waiver. Failure of either Party to declare any breach or default immediately upon
occurrence thereof, or delay in taking any action in connection with, shall not waive
such breach or default, but either Party shall have the right to declare any such breach
or default at any time and take such actions that might be lawful or authorized
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway com
hereunder either at law or in equity. Failure of the either Party to declare one breach
or default does not act as a waiver of either Party's right to declare another breach or
default.
10.10 Arbitration. Disagreement concerning the interpretation or application of the
- provisions of this Agreement is subject to arbitration provided that the Mayor, or his
or her designee, and the District Superintendent, or his or her designee, have
discussed and attempted to settle the dispute. The Party desiring arbitration shall
submit written notice of the intent to arbitrate along with the basis for the dispute.
Following receipt of the notice to arbitrate, the other Party may request a meeting
within fourteen (14) working days in attempt to resolve the matter. If the matter
cannot be resolved, the Parties shall first attempt to select an arbitrator. If no
agreement can be reached on the selection of the arbitrator, the City and the District
agree to use the services of the American Arbitration Association for the selection of
the arbitrator. Each party shall be responsible for its own costs and fees incurred in
preparing for and participating in the arbitration. The arbitrator fees along with any
administration fee shall be borne equally by the City and by the District. The
arbitrator shall determine the controversy in accordance with the laws of the State of
Washington. The arbitrator's decision shall be binding upon both Parties.
10.11 Cations. The respective captions of the Sections of this Agreement are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect
any of the provisions of this Agreement.
10.12 Remedies Cumulative. Any remedies provided for under the terms of this Agreement
are not intended to be exclusive, but shall be cumulative with all other remedies
available at law, in equity or by statute.
10.13 Equal Opportunity to Draft. The Parties have participated and had an equal
opportunity to participate in the drafting of this Agreement, and the Exhibits, if any,
attached. No ambiguity shall be construed against any party upon a claim that party
drafted the ambiguous language.
10.14 Filing, of Agreement. This Agreement shall be filed with the Secretary of the Board of
Directors of Federal Way School District No. 210, the City Clerk of the City of
Federal Way, and the King County Records and Elections Division.
10.15 Supplemental Security Officers. The District reserves the right to place a campus
security officer to assist the assigned SRO at any time.
[signatures to follow]
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Federal Ways
CITY
Jim F09D, Mayor
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IC, City Clerk
J. yan Call, CiV Attorney
CITY HALL
33325 81h Avenue South
Federal Way, WA 68003-6325
(263)835-7000
www..C1 '01wQf.t/w.w COm
FEDERAL WAY SCHOOL
DISTRICT NO. 210:
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Dr. Dani Pfeiffer, Superintendent
APPROVED AS TO FORM:
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General Counsel and Purchasing� 6"pse'