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6.L.- Page 6of8 <br />duties of the SRO shall be at the sole discretion of City's Chief of Police. The Chief of Police <br />is encouraged to solicit input from District as to these issues. <br />7. Mutual Indemnification. District will defend, indemnify and hold harmless City <br />and its officers, agents, employees and volunteers from and against all claims, damages, <br />losses and expenses including attorney fees arising out of the performance of the above - <br />referenced services, caused in whole or in part by the willful misconduct or any negligent act <br />or omission of the District, any subcontractor, anyone directly or indirectly employed by any <br />of them or anyone for whose acts any of them may be liable, except where caused by the sole <br />negligence orwillful misconduct of City. <br />City will defend, indemnify and hold harmless District and its officers, agents, <br />employees and volunteers from and against all claims, damages, losses and expenses <br />including attorney fees arising out of the performance of the above -referenced services, caused <br />in whole or in part by the willful misconduct or any negligent act or omission of the City, any <br />subcontractor, anyone directly or indirectly employed by any of them or anyone for whose <br />acts any of them may be liable, except where caused by the sole negligence or willful <br />misconduct of District. <br />8. Dispute Resolution. Should any dispute arise out of this Agreement, the <br />Parties shall meet in mediation and attempt to reach a resolution with the assistance of a <br />mutually acceptable mediator. The costs of the mediator, if any, shall be paid equally by the <br />Parties. If a mediated settlement is reached, neither Party shall be the prevailing party for the <br />purposes of the resolution of the dispute. Neither Party shall be permitted to file legal action <br />without first meeting in mediation and maintaining a good faith attempt to reach a mediation <br />resolution. Each Party will bear their own attorney's fees, if any. <br />9. Relationship of Parties. <br />9.1 Reimbursement to City in exchange for staffing the SRO does not <br />constitute employment of the officer, and no "special relationship," as that term may <br />defined by law, is created or established with District, or its officers, employees, or <br />successors, or with any third party as a result of this Agreement. Further, nothing in <br />this Agreement is intended to or shall in any manner affect or limit the privileges or <br />immunities or other protections accorded to City or its employees under federal law <br />or state law or other law. <br />9.2 Nothing in this Agreement is intended to, nor shall it, shift to City any <br />legal responsibilities, if any, that District may have to the public or to others present on <br />its premises. <br />9.3 Neither party nor any of the party's agents, contractors or subcontractors <br />are or shall be considered to be agents of the other in connection with the performance <br />of any obligations under this Agreement. <br />Page 3 of 5 <br />REV: 05-30-19 MI <br />ATTY/AGR.2019.161/Sequoia Union High School District 2019-20 333 <br />