EVERETT PUBLIC SCHOOLS 9/8/2021 - Laserfiche WebLink

Section 4: Liability—Dispute Resolution A. It is understood and agreed that this Agreement is entered into solely for the benefit of the parties hereto and gives no right to any other party or individual. No joint venture or partnership is formed as a result of the Agreement. The City does not intend to assume, nor the District expect it to gain, any greater responsibility or liability than that imposed through the limited nature of this Agreement or than that imposed through the normal provision of law enforcement services to the community. Each party hereto agrees to be responsible and assumes liability for its own acts or omissions, and those of its officers, agents or employees for any incident arising out of or in connection with this Agreement. In the case of negligence of multiple parties,any damages allowed shall be assessed in proportion to the percentage of negligence attributable to each party,and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. B. No liability shall attach to the City or the District by reason of entering into this Agreement except as expressly provided herein. The parties agree that providing the SROs pursuant to this Agreement is not a representation, warranty, or guarantee of any sort concerning the SROs'ability to fulfill the parties'intent as set forth in Section 1 above. No third parties shall have or claim any rights or benefits under this Agreement and this Agreement shall not be construed to create such rights.This Agreement shall not be construed and is not intended to create any expectation to the Public Duty Doctrine between the parties or with any third party. C. Any dispute between the District and the City in regard to this Agreement shall be referred for determination to the City's Mayor,or designee,and the District's Superintendent,or designee, for resolution.The representatives shall work jointly to resolve the dispute. D. Both parties shall comply with all applicable federal, state and local laws in performing this Agreement. Section 5:Termination—Renegotiation This Agreement is subject to termination or renegotiation by either party if advance written notice is given no less than six (6) months prior to the end of any calendar year if the intent is to renegotiate or terminate this Agreement. In the event this Agreement is terminated,the District shall be entitled to a refund pro-rata from the City based upon the number of contract days per SRO that remain at the time of termination. Section 6: Notice Any notice to be given to the City under this agreement shall be either mailed or personally delivered to: John DeRousse, Deputy Chief of Police 3002 Wetmore Avenue Everett,Washington 98201 Any notice to the DISTRICT shall be mailed or hand delivered to: Peter Scott, Deputy Superintendent Everett School District Everett SRO 2021-2022 Page 5 of 6