10-28-2024 CC Agenda Packet - Laserfiche WebLink

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4 211089v6 the SRO(s) is necessary to protect the physical safety of students, school personnel, or public. Nothing in this Agreement prevents or limits the authority of the SRO to exercise his or her duties as a law enforcement officer regardless of whether the exercise of those duties occurs on or off School grounds. The SRO shall fully comply with the Orono Police Department’s Policy when conducting interviews of juveniles. 13. RELATIONSHIP OF THE PARTIES. The SRO assigned to the School District is an employee of the City and will not be considered an employee ofthe School District. The SROwill be subject to the control, supervision, policies, procedures, and general orders of the City and its Police Department as well as the policies and procedures of the School District. At all times, the SRO will be considered law enforcement for the purposes where the law requires school districts to make referrals to law enforcement. It is agreed that nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing an agency relationship, partnership, or joint venture between the Parties. Neither party agrees to accept responsibility for the acts of the other Party or of the other Party’s officers, personnel, employees, agents, contractors, or servants. Any claims arising out of the employment or alleged employment, including without limitation claims of discrimination, by or against a Party’s officers, personnel, employees, agents, contractors, or servants will in no way be the responsibility of the other Party. Neither Party will have any authority to bind the other by or with any contract or agreement, nor to impose any liability upon the other. All acts and contracts of each Party will be in its own name and not in the name of the other, unless otherwise provided herein. 14. LIABILITY AND INDEMNIFICATION. Each party shall be solely responsible for its own acts and omissionsand the results thereof to the greatest extent authorized by law. Neither Party agrees to accept the liability of the other.To the extent allowed by law, each party agrees to indemnify,hold harmless,and defend the other party from any and all damages, losses, judgments, costs, claims, expenses, liabilities, and actions, including reasonable attorney fees, resulting from the indemnifying Party’s own negligent actions or inactions, or the negligent actions or inactions of the indemnifying Party’s employees and officers. The Party seeking to be indemnified and defended shall provide timely notice to the other when the claim is brought. The Party undertaking the defense shall retain all rights and defenses available to the indemnified Party and no immunities or limitations on liability are hereby waived that are otherwise available to either Party. 15. NOTICES. Any notice, demand, request, or other communication that may or shall be given or served by the parties, shall be deemed to have been given or served three (3) business days after the same is deposited in the U.S. mail, registered or certified postage prepaid, and addressed as follows: a. To the City: Attn: Police Chief Orono Police Department 2730 Kelley Parkway Orono, MN 55356 b. To the School District: Attn: Director of Business Services Orono Public Schools 685 Old Crystal Bay Road North Long Lake, MN 55356 43