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HomeMy WebLinkAboutNational School District MOUAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY SCHOOL DISTRICT THIS AGREEMENT is entered into this lst day ofJuly, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY"), and the NATIONAL SCHOOL NATIONAL CITY SCHOOL DISTRICT, a public entity and school National City School District (hereinafter the "NATIONAL CITY SCHOOL DISTRICT"). RECITALS WHEREAS, the CITY and the NATIONAL CITY SCHOOL DISTRICT desire to provide a safe, secure, orderly teaching and learning environment for all students and staff within National School National City School District and the City of National City by protecting life and property. WHEREAS, the CITY and the NATIONAL CITY SCHOOL 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 NATIONAL CITY SCHOOL DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached as Exhibit B hereto, in accordance with all terms and conditions contained herein. 4. PROJECT COORDINATION AND SUPERVISION. Sergeant Mike Harlan is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The NATIONAL CITY SCHOOL DISTRICT shall assign a single Project Liaison to provide supervision and have overall responsibility for the progress and execution of this Agreement for the NATIONAL CITY SCHOOL DISTRICT. Katie Filzenger thereby is designated as the Project Liaison for the NATIONAL CITY SCHOOL DISTRICT. 5. COMPENSATION AND PAYMENT. The compensation from the NATIONAL CITY SCHOOL DISTRICT to the CITY shall be one hundred twenty three thousand eight hundred and thirty four dollars ($123,834) flat fee for two years of service, due upon execution of the agreement. 6. ACCEPTABILITY OF WORK. The C 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 NATIONAL CITY SCHOOL DISTRICT and the CITY cannot agree to the quality or acceptability of the work or the manner of performance, the NATIONAL CITY SCHOOL DISTRICT shall give to the CITY written notice of such. The CITY 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 to June 30, 2012. 8, CONTROL, Neither the NATIONAL CITY SCHOOL 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 ernployees of the CITY, NATIONAL CITY SCHOOL DISTRICT, it being understood that the CITY, its agents, servants, and ernployees are wholly independent. 9. NON-DISCRIMINATION PROVISIONS. The NATIONAL CITY SCHOOL 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 INFORIVIATION. The CITY may from time to time communicate to the NATIONAL CITY SCHOOL DISTRICT certain confidential information. The NATIONAL CITY SCHOOL DISTRICT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The NATIONAL CITY SCHOOL 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 NATIONAL CITY SCHOOL DISTRICT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the NATIONAL CITY SCHOOL DISTRICT without any obligation of confidentiality; or {iv) has been or is hereafter rightfully disclosed to the NATIONAL CITY SCHOOL 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. NATIONAL CITY SCHOOL DISTRICT shall be liable to CITY for any damages caused by breach of this Agreement. 11. INDEMNIFICATION AND HOLD 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 NATIONAL CITY SCHOOL 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, ()Early kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the NATIONAL CITY SCHOOL DISTRICT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold 2 City's Standard Agreement —2009 revision 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. 12. WORKERS' COMPENSATION. The NATIONAL CITY SCHOOL 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 alI amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, 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, he 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. 15. TERMINATION. 3 City's Standard Agreement-2009 revision 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 NATIONAL CITY SCHOOL DISTRICT. During said 90-day period the NATIONAL CITY SCHOOL 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 NATIONAL CITY SCHOOL 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 be effected by delivery of written Notice of Termination to the NATIONAL CITY SCHOOL 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 NATIONAL CITY SCHOOL DISTRICT: Katie Filzenger National School National City School District 1500 "N"Avenue National City, CA 91950 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. 17. MISCELLANEOUS PROVISIONS 4 City's Standard Agreement —2009 revision 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 counterparts, 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 he 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. Audit. If this Agreement exceeds ten -thousand dollars (S10,000), 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 8546,7. 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. Con.struction. 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. M. No Inducement. Each of the Parties to this Agreement acknowledges for itself that it 5 City's Standard Agreement -2009 revision 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, and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney the parties hereto have executed this Agreement on the date NATIONAL SCHOOL NATIONAL CITY SCHOOL DISTRICT (Corporation -signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: LIAA44' (!ram (Name) Christopher Oram, Ed.D. (Print) Superintendent (Title) By: (Name) 6 (Print) (Title) City's Standard Agreement —2009 revision ATTACHMENT#B -SCOPE OF SERVICES MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse, criminal acts and traffic violations in National City are priorities to both the National School District and the National City Police Department. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. The National School District and the National City Police Department agree to work together to provide the presence of a police officer on campus to help maintain a secure environment in and around our schools. To this end the following are specific agreements between the National School District and National City Police Department. Time Frar�ge This Memorandum of Agreement shall remain in effect from July 1, 2010 through June 30, 2011, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Agreement. Role of the National School District: The National School District agrees to: 1. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. 2. Schedule orientation time for classroom teachers. 3. Schedule parent meetings as needed. Memorandum of Understanding Page 2 National School District 4. Provide adequate space for the School Resource Officer to carry out non -classroom duties. 5. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 6. Permit the School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 7. Provide audiovisual equipment for social skills / conflict resolution instruction, drug education and other law enforcement related educational presentations. 8. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. 9. Develop procedures to handle campus safety issues. 10. To establish and follow procedures for referring police involvement. 11. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except in emergencies. 12. The National School District will remit $61,917 payable to the National City Police Department Personnel Services Account, to offset costs of the School Resource Officer. This money is equal to 50% of the salary and benefits for one National City Police Officer at E-Step for one year. The total amount will be paid by February 28, 2011. 13. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. Memorandum of Understanding National School District The National City Police Department agrees to: Page 3 Role of the National City Police Department: 1. Assign a uniformed police officer as the School Resource Officer. 2. Assign the School Resource Officer to liaison with the school campuses of the National School District with the purpose of being engaged in the following duties. Training for teachers and other school staff on law enforcement and campus security issues as requested. ® Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion. Loss and / or damage to property Weapons on campus Alcohol and drugs on campus Truancy Traffic Safety 3. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to their tasks. 4. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs as requested. Memorandum of Understanding National School District 5. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. Page 4 6. Abstain from having the School Resource Officer perform enforcement duties during time scheduled for classroom presentations, except in cases of urgency determined by the Chief of Police or their designee. 7. Pay salary and benefits for the police officer assigned as the School Resource Officer as agreed upon. Although the SRO has a campus -based philosophy, the SRO is still required to respond to other schools when dispatched. In addition to investigating school related crime and incidents, here is a current list of basic and additional duties SRO's currently perform. • Attend the National School District SARB Hearings at NCPD. • Conduct home visits with administrators or the NSD Truancy Officer. • Locate and cite parents for violation of the SARB contract. • Coordinate, train and inspect individual student School Safety Patrols as requested. • Coordinate, train and inspect individual Adult Crossing Guards programs as requested. • Present district policy on sexual harassment to students as requested. • Provide parent education / presentations to parent groups as requested. • Attend meetings and facilitate participation for the Teddy Bear Drive. • Teach criminal law, search and seizure to middle and high school students as requested. Teach narcotics awareness at PTA's and to high school students as requested. • Facilitate NCPD participation and pin sales for Shop with a Cop event. • Facilitate the Padre Law Enforcement Day Program for NCPD, City Employees. • Inspect and approve individual school safety plans for elementary and secondary schools. • Attend site -based pre-SARB meetings as requested. • Participate in the NCPD 290 (Sex Crime Registrant) Compliance Inspections. • Conduct Juvenile warrant sweeps. Assist SD County Probation Officers with compliance checks and home visits generally within the boundaries of the City of National City. • Attend various school events and fairs as requested, with any overtime needed to be paid for by the district. • Enforce SD County Daytime Loitering within city limits. • Attend school based disciplinary hearings and intervention programs. • Participate in multi -agency Truancy/Daytime Loitering Sweeps within city limits. Memorandum of Understanding Page 5 National School District This Memorandum of Understanding shall be effective July 1, 2010, and shall remain in effect until June 30, 2011. This Memorandum of Understanding shall supersede all previous Memorandums of Understanding between the National School District and the City of National City.