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HomeMy WebLinkAboutSweetwater High School District MOUAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into this 1st day of July, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY") and the SWEETWATER UNION HIGH SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITALS WHEREAS, the CITY and the DISTRICT desire to provide a safe, secure, and orderly teaching and learning environment for al students and staff within Sweetwater Union High School District and the City of National City by protecting life and property. WHEREAS, the CITY and the DISTRICT have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The CITY and the DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached as Exhibit A hereto, in accordance with all teens and conditions contained herein. 2. PROJECT ".�419 "RDIN TI"N ANL"1 SUPERVISION. Sergeant Mike Harlan n. is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT shall assign a Project Liaison to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. Ed Brand, Ed.D thereby is designated as the Project Liaison for the DISTRICT. 5. COMPENSATION AND PAYMENT. The compensation from the DISTRICT to the CITY shall be one hundred sixty thousand dollars ($160,000), a flat fee for two years of service, due upon execution of the agreement. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement. In the event the DISTRICT and the CITY cannot agree to the quality or acceptability of the work or the manner of performance, the DISTRICT shall give to the CITY written notice of such. 7. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement is effective on July 1, 2010 through June 30, 2012, The duration of this Agreement is for the period of July 1, 2010 through June 30, 2012, 8. CONTROL Neither the DISTRICT nor its officers, agents, or employees shall have any control over the conduct of the CITY or any of the CITY'S employees, except as herein set forth, and the CITY's or the CITY's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 9. NON-DISCRIMINATION PROVISIONS. The DISTRICT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. 10. CONFIDENTIAL INFORMA.TION. The CITY may from time to time communicate to the DISTRICT certain confidential information. The DISTRICT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The DISTRICT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the DISTRICT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the DISTRICT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the DISTRICT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. DISTRICT shall be liable to CITY for any damages caused by breach of this Agreement. 11. INDEMNIFICATION AND HOLDROLO HARMLESS. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. The DISTRICT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the DISTRICT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 2 Cily's Standard Agreement —20D revision 12. WORKERSCOMPENSATION. The DISTRICT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall inderruiify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CITY under this Agreement. 13. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. Jurisdiction shall be Superior Court, San Diego County. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 14. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. Ci Ly's Standard Agraernent. —2009 rcyision 15. TERMINATION, A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 90-day's written notice to the DISTRICT. During said 90-day period the DISTRICT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the DISTRICT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY, C. Termination with or without cause shall he effected by delivery of written Notice of Termination to the DISTRICT as provided for herein. 16. NOTICES, All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax,'when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Ron Morrison Mayor — City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To DISTRICT: Ed Brand, Ed.D, Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 4 City's Standard Agreement —2009 revision 3. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple couriterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof, H. Applicable Law, This Agreement shall be governed by and construed in accordance with the laws of the State of California. San Diego Superior Court, Southbay Division, or U.S. District Court, Southern District shall be the jurisdiction. 1. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546,70 J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 5 City's Standard Agreement —2009 revision M. No Inducement. Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. N. Severance. if any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITTY SWEETWATER UNION IIIGH SC I OOL DISTRICT (Corporation - signatures of two corporate et cers) (Partnership - one signature) By: (Sole proprietorship - one signature) Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney By:/ (Nwne) r� r (Print (Title) By: 4/i /M (Name) s5,9 (Print) . Interim Deputy Supt. of Operations (Title) City's Standard Agreement -2009 revision ATTACHMENT #A — SCOPE OF SERVICES MEMORANDUM OF UNDERSTANDING BETWEEN THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND 'THE CITY OF NATIONAL CITY MISSION STATEMENT: It is the mission of the Sweetwater Union High School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City by protecting life and property, Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community. As a result, the Sweetwater Union High School District and the City of National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY: 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Establish and follow procedures for referring School Resource Officer involvement; and 4. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officersefforts to work with students, school personnel, parents and the community B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY: I. To provide prevention/intervention by: a. Providing a highly visible uniform police officer presence on the campuses of the Sweetwater Union High School District that are located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings when requested. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. f. Being the first response in all law enforcement related matters as they occur during regular school hours when available. g. Attending various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is needed for any events, activities, meetings, etc, will be paid for by the district. h. Documenting all incidents of crime as per department regulations. Memorandum of Understanding City of National City 2010-2011 Page 2 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools, 3. To assist investigative personnel of the National City Police Department who are assigned to the various school sites with continuing an ongoing investigation and preliminary Investigations of criminal activity within the affected schools. 4. Continue to work with school staff and District personnel in matters of mutual concern such as: a. Education. b. Prevention and intervention in the areas of alcohol and drug use on campus. c. Safety of students and staff on campus, d. Gang -related violence and crime. e. Campus intrusion, and loss and/or damage to property. C. TIME FRAME This Memorandum of Understanding shall remain in effect for 12 months commencing July 1, 2010 and ending June 30, 2011. Either party shall have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this agreement. D. SPAN OF CONTRauJuRISDICTION Prevention/education/training/proactive activities will take place at Sweetwater High School, Granger Junior High School and National City Middle School located in the City of National City. The officers will remain under the direction and control of the National City Police Department. E. RESOURCE Resource and local management will be coordinated at: Sweetwater Union High School District Attn: Dianne Russo, Chief Financial Officer 1130 Fifth Avenue Chula Vista, CA 91911 (619) 585-6265 National City Police Department Attn: Chief Adolfo Gonzales 1200 National City, CA 91950 (619) 336-4400 Memorandum of Understanding City of National City 2010-2011 Page 3 F. COST # 2 officers will be funded jointly by the City of National City Police Department and the Sweetwater Union High School District. The Sweetwater Union High School District will contribute to this effort, an amount not to exceed S80,000. This Memorandum of Understanding will be effective July 1, 2010. Upon execution of this Memorandum, the Sweetwater Union High School District, upon invoicing, will pay the City of National City, the agreed amount of 380,000 in quarterly installments of 320,000. If the agreement is canceled as herein permitted, the City shall return forthwith to the District the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. G. NO INDEPENDENT BASIS FOR LIABILITY Nothing herein shall create, by this or other Understanding between the parties, an independent basis for liability of the City to either the District or to a third party for failing to respond or for responding to a call for police services in a dilatory or negligent manner. The City's liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement.