AGREEMENT.B%20NICK%20MULLINS.pdf

Parent document: REVISED - Regular Meeting - Meeting #02-07-15-2024.pdf

Text

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;

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(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.

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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.

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BOARD OF EDUCATION OF THE COUNTY OF BOONE

(SEAL)
By:
Its:
Date:

CONTRACTOR

By:
Date:

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