Document type | contract |
---|---|
Date | 2024-07-15 |
Source URL | https://go.boarddocs.com/wv/booneboe/Board.nsf/files/D72P3S62B0A9/$file/AGREEMENT.B%20NICK%20MULLINS.pdf |
Entity | boone_county_schools (Boone Co., WV) |
Entity URL | https://www.boonecountyboe.org/en-US |
Raw filename | AGREEMENT.B%20NICK%20MULLINS.pdf |
Stored filename | 2024-07-15-15ba1a30090a7ecb682240e94ed97d98-contract.txt |
Parent document: REVISED - Regular Meeting - Meeting #02-07-15-2024.pdf
AGREEMENT This Agreement is made and entered this 15th day of July 2024, by and between the Board of Education of the County of Boone (hereinafter the “Board”) and B. NICK MULLINS (hereinafter “Contractor’). WHEREAS, the Board desires to provide increased public safety and/or security on public school grounds and buildings; and WHEREAS, Contractor 1s a current law enforcement officer [state trooper, deputy sheriff, etc.]; and WHEREAS, the Board desires to engage Contractor to serve as a school security guard to perform public safety and/or security functions for the protection of students, faculty, and staff of Boone County Schools from violence, bullying, theft, substance abuse, the sale or use of illegal substances, exposure to weapons, and threats on school grounds; and WHEREAS, Contractor agrees to perform the public safety and/or security functions upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Duties and Responsibilities of Contractor. 1.01. Contractor shall provide public safety and security services at the assigned school during regular school hours (7:00 a.m. to 3:00 p.m. daily, subject to change) when students are required to attend, or as otherwise agreed by the parties. On inclement weather days or other instructional days when there is a two-hour delay, Contractor will report from 9:00 a.m. until 3:00 p.m. and report to work on days when school is in session. 1.02. Contractor shall abide by all Board policies and procedures, including but not limited to the Employee Code of Conduct, the Family Educational Rights and Privacy Act and Confidentiality, West Virginia State Board of Education Policy 4350, tobacco and alcohol use prohibition, and safety plans. 1.03. Contractor is not law enforcement and may not arrest. 1.04. Contractor affirms that he/she: (a) Has received a high school diploma or a General Educational Development diploma known as a GED; (b) Has met and passed all of the requirements for a concealed carry permit as set forth in §61-7-4 of the West Virginia Code (hereinafter the “Code”): (c) Has completed and passed all of the following training courses and/or examinations: (1) The Law Enforcement Professional Standards program at the West Virginia State Police. The cost of this program is to be paid by Contractor; Page 1 of 4 (11) A fitness for duty examination that shall include a physical examination, vision examination, a psychiatric examination, and a pre-employment drug screen, The cost of these each shall be paid by Contractor; and (iii) A firearm and less than lethal use of force course. To maintain firearm proficiency, the independent contractor must complete yearly training in firearm and less than lethal use of force course. (d) Has not been convicted of: (i) Domestic violence as set forth in §61-2-28 of the Code; (ii) Driving under the influence as set forth in §17C-5-2 of the Code; (iii) Child abuse as set forth in §61-8D-1 et seq. of the Code; (iv) Unlawful manufacture, delivery, or possession with intent to deliver any controlled substance as set forth in §60A-4-1 et seq. of the Code; or (v) Any offense which would require registration under the West Virginia Sex Offender Registration Act (W. Va. Code § 15-12-2). 1.05. Contractor shall hold harmless, indemnify, and defend the Board against any and all claims for damages related in any way to injuries allegedly sustained or arising under their engagement with the Board, except insofar as the injuries sustained are due to the Board’s, its employees’, or its representatives’ negligence. 1.06. Contractor shall not function as a school disciplinarian or safety officer. It is not the responsibility of Contractor to intervene with the normal disciplinary actions of the school system. 1.07. Contractor acknowledges his/her status as an independent contractor and not as an employee or partner of, or joint venture with, the Board. Nothing in this Agreement is intended to or shall be construed to create an employee-employer relationship, partnership, landlord-tenant relationship, agency relationship, or any joint venture business relationship. (a) Contractor acknowledges sole responsibility for all taxes, including, but not limited to, income, payroll, Social Security, and Medicare, that may become due and owing in connection with the fees paid for services rendered under this Agreement. (b) Contractor shall be free to perform services for any third parties, including other county boards of education, when not performing services for the Board as described hereinabove. Page 2 of 4 Duties and Responsibilities of the Board. 2.01. The principal at the designated school shall be Contractor’s on-site contact person. 2.02. The Board shall compensate Contractor for his/her services under this Agreement at the yearly rate of $40,000.00, payable in the following intervals: on a semi-monthly basis. Term of Agreement. 3.01. This Agreement shall be for a term of ten months beginning on August 12, 2024 and continuing until the end of the 2024-25 school year, but not after June 30, 2025, unless otherwise terminated earlier as set forth in Section 4. Termination. 4.01. Either party may terminate this Agreement at any time, without cause. Miscellaneous. 5.01. This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia. The parties agree that any dispute arising out of this Agreement shall be brought solely before the Circuit Court of Boone County, West Virginia. 5.02. This Agreement constitutes the entire Agreement of the parties upon the subject matter hereof, and supersedes any prior understandings, agreements or representation by or between the parties, written or oral, which may have related to the subject matter hereof in any way. This Agreement cannot be altered or amended except by a written agreement executed in the same manner as this Agreement. 35.03. All notices required under this Agreement shall be deemed to be completed upon mailing by registered or certified mail, postage prepaid. 5.04. The persons executing this Agreement on behalf of each party by affixing their signatures hereto, warrant that they are dully authorized to execute this Agreement on behalf of the entity for which they sign. 5.05. Should any provision of this Agreement be deemed invalid or unenforceable, no other provision of this Agreement shall be affected and the remainder of the Agreement shall be enforced pursuant to the terms of this Agreement. 5.06. The failure of any party to enforce any of the provisions, rights, or obligations of this Agreement shall not constitute a waiver of those provisions, rights, or obligations. The failure to exercise any of a party’s rights herein shall not preclude or prejudice that party from exercising the same rights as it may have under this Agreement in future actions or proceedings. IN WITNESS WHEREOF, the parties hereto have caused their names or corporate names to be signed hereto by their proper officers thereunto duly authorized, all of the date and year first hereinabove written. Page 3 of 4 BOARD OF EDUCATION OF THE COUNTY OF BOONE (SEAL) By: Its: Date: CONTRACTOR By: Date: Page 4 of 4