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HomeMy WebLinkAboutSweetwater Union High School District - RSO SY 2012-2013AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into this 1s` day of July, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY") and the SWEETWATER UNION IIIGII 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 all 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. WHEREAS, the CITY and the DISTRICT agree to work together to provide the presence of a police officer, that is selected and designated as a School Resource Officer and primarily assigned to District campuses, to help maintain a secure environment in and around the schools. NOW, TFIEREFORE, 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 terms and conditions contained herein. 2. PROJECT COORDINATION AND SUPERVISION: The Community Services Sergeant (Currently Sgt. Alejandro Hernandez) 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. Director of Student Support Services (Currently Mercedes Lopez) thereby is designated as the Project Liaison for the DISTRICT. 3. COMPENSATION AND PAYMENT: The compensation from the DISTRICT to the CITY shall be eighty thousand dollars ($80,000), a flat fee for one year of service, due upon invoicing will pay the City of National City, the agreed amount of $80,000, due March 31, 2013. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment pro -rated at $6600 monthly to the period of the term subsequent to the effective date of cancellation. 2012-2013 Agreement 1 Sweetwater Union I Iigh School District City of National City 4. ACCEPTABILITY OF WORK: In the event the DISTRICT is not satisfied as to the quality or acceptability of the work or the manner of performance, the DISTRICT shall give to the CITY written notice of such. 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. 5. EFFECTIVE DATE AND LENGTH OF AGREEMENT: This Agreement is effective on July 1, 2012 through June 30, 2013. The duration of this Agreement is for the period of July 1, 2012 through June 30, 2013. 6. 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, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 7. NON-DISCRIMINATION PROVISIONS: Neither the City nor 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. 8. CONFIDENTIAL INFORMATION: 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 11, 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 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 of disclosure thereof has been or is rightfully authorized by that third party. DISTRICT shall be liable to the CITY of any damages caused by breach of this agreement. 9. 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 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 2012-2013 Agreement 2 Sweetwater Union High School District City of National City established sole negligence of 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. 10. WORKERS' COMPENSATION: 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 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. 11. 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. 12. 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 on any part thereof against a specified party as part of the arbitration award. 2012-2013 Agreement 3 Sweetwater Union High School District City of National City 13. TERMINATION: A. This Agreement may be terminated with or without cause by either party. Termination without cause shall be effective only upon 90-day's written notice. During said 90- day period, both parties 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 be effected by delivery of written Notice of Termination as provided for herein. If terminated, compensation for police services will be pro -rated at $6600 monthly during the 90 day period. 14. 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 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: Mayor Ron Morrison City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To DISTRICT: Mercedes Lopez Director of Student Support Services 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. 15. 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 2012-2013 Agreement 4 Sweetwater Union High School District City of National City 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 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. I. 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 the 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. 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. 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 2012-2013 Agreement 5 Sweetwater Union High School District City of National City 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 nay 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. O. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By Ron Morriso , Mayor PPROVED AS TO FORM: audia ► . tua Silva City Attor SWEETWATER UNION HIGH SCHOOL DISTRICT By: By: Dr. Edward M. Brand Superintendent Chief Financial Officer 2012-2013 Agreement 6 Sweetwater Union high School District City of National City EXHIBIT "A" SCOPE OF SERVICES 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. Police officer availability shall be determined at the sole discretion of the Chief of Police of the National City Police Department. 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 d. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officers' efforts to work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY (the following is subject to staffing availability as determined at the sole discretion of the Chief of Police of the National City Police Department): 1. To provide prevention/intervention by: a. Providing a visible uniform police officer presence on the campuses of the Sweetwater Union High School District located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings as available. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. f. Respond to all law enforcement related matters as they occur during regular school hours when available. 2012-2013 Agreement 7 Sweetwater Union lligh School District City of National City g. Attend various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is required for any events, activities, meetings, etc, will be paid for by the District per the MOU. 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools. 3. Liaison with National City Police Department personnel who are investigating criminal investigations or 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 c. 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, 2012 and ending June 30, 2013. 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 CONTROL/JURISDICTION: 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: Richard J. Knott, Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911 (619) 585-6265 Chief Adolfo Gonzales National City Police Department 1200 National City Boulevard National City, CA 91950 2012-2013 Agreement 8 Sweetwater Union I1igh School District City of National City F. COST: One (1) officer will be funded jointly by the National City School District and the Sweetwater Union High School District and one (1) officer will be funded by City of National City Police Department. The Sweetwater Union High School District will contribute to this effort, an amount not to exceed $80,000. This Memorandum of Understanding will be effective July 1, 2012. Upon execution of this Memorandum the Sweetwater Union High School District, upon invoicing will pay the City of National City, the agreed amount of 880,000, due March 31, 2013. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment pro -rated at $6600 monthly to the period of the term subsequent to the effective date of cancellation. 2012-2013 Agreement 9 Sweetwater Union High School District City of National City RESOLUTION NO. 2013 — 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM, WITH A TOTAL REIMBURSEMENT TO THE CITY OF $80,000 WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers, and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the Sweetwater Union High School District to maintain police on campuses with the School Resource Officers program; and WHEREAS, the costs of such programs include salary, benefits, materials, and supplies; and WHEREAS, the Sweetwater Union High School District will reimburse the City of National City $80,000 for Police School Resource Officer Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between the City of National City and the Sweetwater Union High School District for the School Resource Officers Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of Feb , 2013. on Morrison, Mayor ATTEST: Michael R. Dalla, P ity Clerk PPROV D AS TO FORM: dia eF itua Silva City Attor Passed and adopted by the Council of the City of National City, California, on February 19, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City lerk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-26 of the City of National City, California, passed and adopted by the Council of said City on February 19, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $80,000.00 by the Sweetwater Union High School District for Fiscal Year 2012 -2013 School Resource Officer Police Services. PREPARED BY: Lt. Keith Fifield //DEPARTMENT: Police PHONE: (619) 336-4514 loifAPPROVED BY: EXPLANATION: The National City Police Department currently assigns two police officers as School Resource Officers (SRO) as their primary duties to provide police services to the Sweetwater Union High School District and the National School District. School Resource Officers provide specialized campus security and general law enforcement services to the public schools located in National City. The salaries and benefits for the police officers are funded by a joint agreement between the Sweetwater Union High School District, National School District, and the City of National City. The proposed Agreement with the Sweetwater Union High School District would be effective and retroactive from July 1, 2012 through June 30, 2013. Approval of the resolution would authorize the Mayor to enter into an Agreement with the Sweetwater Union High School District to provide two School Resource Officers and share costs. Under the Agreement the SUHD will pay $80,000 as its share, the National School District will pay ;61,917as its share. Essentially the two School Districts will be funding the full pay and benefits of one Jfficer and the City will pay the full cost of the second officer. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: 001-11108-3467 Sweetwater Union High School District - $80,000.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A TTAC H M EN TS: kgreement between the City of National City and the Sweetwater Union High School District Exhibit "A" Scope of Services RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM, WITH A TOTAL REIMBURSEMENT TO THE CITY OF $80,000 WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers, and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the Sweetwater Union High School District to maintain police on campuses with the School Resource Officers program; and WHEREAS, the costs of such programs include salary, benefits, materials, and supplies; and WHEREAS, the Sweetwater Union High School District will reimburse the City of National City $80,000 for Police School Resource Officer Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between the City of National City and the Sweetwater Union High School District for the School Resource Officers Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of February, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into this 1st day of July, 2012, 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 all 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. WHEREAS, the CITY and the DISTRICT agree to work together to provide the presence of a police officer, that is selected and designated as a School Resource Officer and primarily assigned to District campuses, to help maintain a secure environment in and around the schools. 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 terms and conditions contained herein. 2. PROJECT COORDINATION AND SUPERVISION: The Community Services Sergeant (Currently Sgt. Alejandro Hernandez) 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. Director of Student Support Services (Currently Mercedes Lopez) thereby is designated as the Project Liaison for the DISTRICT. 3. COMPENSATION AND PAYMENT: The compensation from the DISTRICT to the CITY shall be eighty thousand dollars ($80,000), a flat fee for one year of service, due upon invoicing will pay the City of National City, the agreed amount of $80,000, due March 31, 2013. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment pro -rated at $6600 monthly to the period of the term subsequent to the effective date of cancellation. 2012-2013 Agreement 1 Sweetwater Union High School District City of National City 4. ACCEPTABILITY OF WORK: In the event the DISTRICT is not satisfied as to the quality or acceptability of the work or the manner of performance, the DISTRICT shall give to the CITY written notice of such. 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. 5. EFFECTIVE DATE AND LENGTH OF AGREEMENT: This Agreement is effective on July 1, 2012 through June 30, 2013. The duration of this Agreement is for the period of July 1, 2012 through June 30, 2013. 6. 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, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 7. NON-DISCRIMINATION PROVISIONS: Neither the City nor 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. 8. CONFIDENTIAL INFORMATION: 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 11, 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 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 of disclosure thereof has been or is rightfully authorized by that third party. DISTRICT shall be liable to the CITY of any damages caused by breach of this agreement. 9. 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 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 2012-2013 Agreement 2 Sweetwater Union High School District City of National City established sole negligence of willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold hannless 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. 10. WORKERS' COMPENSATION: 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 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. 11. 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. 12. MEDIATION/ARBITRAT1ON: 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 on any part thereof against a specified party as part of the arbitration award. 2012-2013 Agreement 3 Sweetwater Union High School District City of National City 13. TERMINATION: A. This Agreement may be terminated with or without cause by either party. Termination without cause shall be effective only upon 90-day's written notice. During said 90- day period, both parties 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 be effected by delivery of written Notice of Termination as provided for herein. If terminated, compensation for police services will be pro -rated at $6600 monthly during the 90 day period. 14. 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 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: Mayor Ron Morrison City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To DISTRICT: Mercedes Lopez Director of Student Support Services 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. 15. 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 2012-2013 Agreement 4 Sweetwater Union High School District City of National City 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 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. I. 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 the final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement: This Agreement supersedes any prior agreements, negotiations and commtmications, 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. 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 2012-2013 Agreement 5 Sweetwater Union High School District • City of National City 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 nay 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. 0. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SWEETWATER UNION HIGH SCHOOL DISTRICT By: By: Ron Morrison, Mayor By: APPROVED AS TO FORM: Richard J. Knot Chief Financial Officer Dr. Edward M. Brand Superintendent Claudia Gacitua Silva City Attorney 2012-2013 Agreement 6 Sweetwater Union High School District City of National City EXHIBIT "A" SCOPE OF SERVICES 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. Police officer availability shall be determined at the sole discretion of the Chief of Police of the National City Police Department. 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 Officers' efforts to work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY (the following is subject to staffing availability as determined at the sole discretion of the Chief of Police of the National City Police Department): 1. To provide prevention/intervention by: a. Providing a visible uniform police officer presence on the campuses of the Sweetwater Union High School District located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings as available. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. f. Respond to all law enforcement related matters as they occur during regular school hours when available. 2012-2013 Agreement 7 Sweetwater Union High School District City of National City g. Attend various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is required for any events, activities, meetings, etc, will be paid for by the District per the MOU. 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools. 3. Liaison with National City Police Department personnel who are investigating criminal investigations or 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, 2012 and ending June 30, 2013. 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 CONTROL/JURISDICTION: 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: Richard J. Knott, Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911 (619) 585-6265 Chief Adolfo Gonzales National City Police Department 1200 National City Boulevard National City, CA 91950 2012-2013 Agreement 8 Sweetwater Union High School District City of National City F. COST: One (1) officer will be funded jointly by the National City School District and the Sweetwater Union High School District and one (1) officer will be funded by City of National City Police Department. The Sweetwater Union High School District will contribute to this effort, an amount not to exceed $80,000. This Memorandum of Understanding will be effective July 1, 2012. Upon execution of this Memorandum the Sweetwater Union High School District, upon invoicing will pay the City of National City, the agreed amount of $80,000, due March 31, 2013. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment pro -rated at $6600 monthly to the period of the term subsequent to the effective date of cancellation. 2012-2013 Agreement 9 Sweetwater Union High School District City of National City OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax February 25, 2013 Ms. Mercedes Lopez Director of Student Support Services Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Dear Ms. Lopez, On February 19th, 2013, Resolution No. 2013-26 was adopted by the City Council of the City of National City authorizing execution of an Agreement with the Sweetwater Union High School District. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Police Dept.