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Interlocal Cooperation Agreement with Edmonds School District for Police Coverage at Athletic Eventsof E V A r0M�� lNC. 139� Z Originator: O Department/Division: Name of Consultant/Contractor: uvj CONTRACT TITLE: w 0 CONTRACT ROUTING FORM ACOP James lawless Police Department No. Routed by: Date: (City Clerk Use Only) Marlene Eager 08/03/2016 ILA between the Edmonds School District and the City of Edmonds Type of Contract: (GR) Grants (1) Intergovernmental Agreement El (L) Lease Agreement (S) Purchase of Services n Public Works {Q) Other Z Bid/RFP Number: o Effective Date: Completion Date: Has the original City contract boilerplate language been modified? @Yes 0 No If yes, specify which sections have been modified. a V Description of Services: Continuation of ILA that provides for the Edmonds Police Department to provide security at the district football stadium. Total Amount of Contract: Budget # Amount: Budget # Amount: LU � ; I -J Budget # Amount: 3 Z Are there sufficient funds in the current budget to cover this contract? E) Yes O No 4 x Remarks: ri. � Costs incurred while providing security are reimbursed by the District. This agreement will commence September 1, 2016 and shall expire on August 31, 2019 and covers the terms. services to be provided and responsibilities of the off -duty police working this special detail. Authorization Level: Mayor w D 1. Project Manager �— 2. Risk Management/Budget z 3. City Attorney 4. Consultant/Contractor 5. Other ❑✓ 6. City Council Approval Date (if applicable) ❑✓ 7. Mayor 8. City Clerk 8/2/2016 —i l�-J Date: To: From: Subject: I UT IA ► to] :-A10111VkyjI August 29, 2016 Linda Hynd, Deputy City Clerk Marlene Eager Interlocal Agreement Between Edmonds School District #15 and City of Edmonds for Police Coverage at Athletic Events Good Morning Linda: Enclosed is a copy of the fully executed Interlocal Agreement between the Edmonds School District # 15 and the City of Edmonds for Police Coverage at Athletic Events. This ILA has all of the required signatures for the City of Edmonds and the Edmonds School district. It should complete your file. Please contact me should you have any questions. Sincerely, Marlene Eager Administrative Assistant City of Edmonds Police Department INTERLOCAL COOPERATION AGREEMENT BETWEEN EDMONDS SCHOOL DISTRICT and CITY OF EDMONDS for POLICE COVERAGE AT ATHLETIC EVENTS THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between Edmonds School District No. 15, hereafter referred to as the "District", and the City of Edmonds, a Washington State municipal corporation, hereafter referred to as "Edmonds", and collectively, the "Parties". RECITALS A. WHEREAS, Chapter 39.34 RCW, Interlocal Cooperation Act, permits agencies to enter into agreements to engage in cooperative activities; and B. WHEREAS, the District and Edmonds desire to cooperate pursuant to the Act to make the most efficient use of their respective governmental powers within their jurisdictions; and C. WHEREAS, Edmonds and the District desire to have police coverage at District athletic events to provide security, promote safety, and serve as a positive resource to the District; and D. WHEREAS, Edmonds is desirous to assign one or more uniformed Police Officers (the "Officer") to provide police coverage at athletic events, in return for a rate of compensation that is agreed upon by the Parties; NOW, THEREFORE, in consideration of the mutual representation and covenants contained herein, the Parties agree as follows: TERMS 1. Purpose. This Agreement is intended to provide police coverage at all football games as scheduled by the District, plus any post -season games to be determined, at Edmonds-Woodway High School located in the District through the assignment by Edmonds of one or more experienced commissioned Edmonds Officers to service that location at the specified rate of compensation herein. 2. Term. This Agreement shall commence on September 1, 2016 and shall expire on August 31, 2019, unless otherwise terminated under the provisions of this Agreement. 3. Termination. Either Party may terminate this Agreement for any reason upon sixty (60) days written notice to the other party. This Agreement is subject to funding, and either party may terminate with proper written notice due to lack of funding. C�ai✓�_ �86 i 6ON-..5-/3 z q 4. Duties of Officer(s). Edmonds shall assign the Officer(s) to provide police coverage at athletic events. The duties and responsibilities of the Officer(s) include, but are not limited to, the following: • Support game management with crowd control and enforce the laws of the State of Washington and the City of Edmonds. • Arrive at the stadium at the time indicated on the sign-up sheet, which is 45 minutes prior to the start of the game. Officer will report to the District Event Manager in the Stadium Office. • The Officer's primary function is to support the efforts of the game staff in providing a safe surrounding for students, parents, game participants and other attendees. • The District will provide Officers with a portable radio with District staff frequency to monitor for any requests by the stadium staff for police assistance. • If two Officers are working a game, one will be at each of the two ticket booths until game time or until notified by the Event Manager. If only one Officer is working, the Officer will alternate between the two ticket booths. • During the game, one Officer will be at each end of the grandstand. It is important that Officers are generally easy to spot in case a need arises. • At half time, at least one Officer will report to the east side of the grandstand to assist with crowd control. • At the conclusion of the 2nd and 3`d quarters, one Officer will assist the ticket sellers as they transport gate receipts back to the Stadium Office. At game end, the Event Manager may ask for assistance on the field to ensure that the crowd does not enter the field or to safeguard officials to their locker room. ■ Enforce rules pertaining to tobacco, alcohol, and drugs on public school property. The Officer(s) will periodically monitor the restrooms, the concession stands and walk behind the grandstands. The Officer(s) shall take enforcement action (juvenile referral or citation) when probable cause exists for any violations. Officers will notify the appropriate school administrator and /or the School Resource Officer of the arrest of any student during District sponsored event. ■ After the game, the Officer(s) will report to the game management office to sign out or be assigned other duties as directed by the Event Manager. 5. Independent Contractor. Edmonds and the District understand and agree that Edmonds is acting as an independent contractor under the terms of this Agreement. 6. Supervision of Officer(s). The Officer(s) shall remain an employee of Edmonds and is not an employee of the District. The Officer shall remain responsive to the supervision of the chain of command of the Edmonds Police 2 Department. Edmonds shall be solely responsible for Officer's training, discipline, or dismissal. 7. Compensation. Officer's rate of pay shall be compensation at the rate of one and one-half (1.5) times the Officer's regular straight time hourly rate of pay, plus applicable employer contributions for state retirement, FICA equivalent, and state industrial insurance. 8. Payment. District shall pay Edmonds within thirty (30) days from the date of receipt of a proper invoice. 9. Insurance and Indemnification. The parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The parties further agree that no indemnification shall be provided for, except as specifically set forth below, and that the respective liability of the parties to each other and to third persons shall be deemed in accordance with the laws of the State of Washington. The District will protect, defend, indemnify, and hold harmless Edmonds, its officers, employees, officials or agents from any and all costs, claims, judgments, or awards of damages arising out of, or in any way resulting from, wrongful acts or omissions of the District, its officers, employees, or agents. The District waives immunity under Title 51 RCW, the Industrial Insurance Act, but only for purposes of fulfilling its indemnification obligations towards Edmonds under this provision, and acknowledges that this waiver has been specifically negotiated. Nothing contained in this section shall be deemed to waive any other immunities established pursuant to state statutes or to create third party rights or immunities. In the event of concurrent liability, the parties shall have the right of contribution in proportion to the respective liability of each party. 10. District Responsibility for Safety and Security. The parties understand and agree that the District retains its legal responsibility for the safety and security of the District, its employees, students and property, and this Agreement does not alter that responsibility except as provided by paragraph 9 above. 11. Applicable Law. This Agreement shall be governed by the laws of the State of Washington. 12. Entire Agreement. This Agreement contains the entire agreement between Parties and supersedes and merges with any prior agreements of the Parties, written or oral. This Agreement shall be amended only in writing with the written consent of the Parties. 13. Notice. Edmonds Assistant Chief of Administrative Services shall serve as the administrator of this Agreement for Edmonds and the Director of Athletics shall serve as the administrator of this Agreement for the District. Notices to Edmonds shall be sent to the following address: City of Edmonds Police Department ATTN: Assistant Police Chief of Administrative Services 250 5th Avenue N. Edmonds, WA 98020 Notices to the District shall be sent to the following address: Edmonds School District #15 ATTN: Director of Athletics 20420 68`h Ave W., Lynnwood, WA 98036 14. Duty to File Agreement with County Auditor. The District shall, within 10 days after this Agreement is executed by both parties, file this Agreement with the Snohomish County Auditor or, alternatively, listed by subject on a public agency's website or other electronically retrievable public source as allowed in RCW 39.34.040. EDMONDS SCHOOL DISTRICT By: Z�� -1 . Stewart Mhyre Dated: Its: Executive Director Business and Operations CITY O EDMONDS By: ' Dated:_ y'' Ito