Mukilteo School District 9/8/2021

the requirements set forth in RCW 28A.32o, as applicable to SROs and as amended by Engrossed Substitute House Bill 1214 Section 2:Time of Performance This Agreement shall commence when executed by the parties and either filed with the Snohomish County Auditor or posted on a party's Interlocal Agreements website,whichever date is later,and shall continue through August 31,2022.The term of this Agreement maybe extended for up to two(2)additional one (1)year terms(through August 31, 2024)by written notice from the District to the City. Prior to providing written notice of an extension,in compliance with RCW 28A.32o as applicable to SROs and as amended by Engrossed Substitute House Bill 1214, the District must review and adopt the extension of the agreement, as described in Section I.G. The District acknowledges that SRO services being offered by City are contingent upon sufficient legislative appropriation during current and subsequent fiscal years. Section 3: 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, to the fullest extent required by the law,and agrees to the extent of its negligence to save, indemnify,defend and hold the other party harmless from any such liability. 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 1Ai 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 4:Termination Either party may terminate this Agreement at any time effective upon written notice to the other party. Interlocal Cooperative Agreement City of Everett and Mukilteo SD SRO-2021-2022 Page 4 of 6