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HomeMy WebLinkAbout2014 CON National School District - School Resource Officer ProgramAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT This AGREEMENT is entered into this 1' day of July, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY") and the NATIONAL 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 the NATIONAL 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, based on availability as determined by the CITY, on campus 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 hereto as "Exhibit A", in accordance with all terms and conditions contained herein. 2. PROJECT COORDINATION AND SUPERVISION: The Community Services Sergeant 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. The Director of Student Support thereby is designated as the Project Liaison for the DISTRICT. 3. COMPENSATION AND PAYMENT: The compensation from the DISTRICT to the CITY shall be sixty-one thousand nine hundred seventeen dollars ($61,917), for the period of July 1, 2013 through June 30, 2014, and sixty-one thousand nine hundred seventeen dollars ($61,917), for the period of July 1, 2014 through June 30, 2015, as set forth in Exhibit "A", a flat fee for each one year of service, due upon execution of the agreement. 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, 2013. The duration of this Agreement is for the period of July 1, 2013 through June 30, 2015. 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 CITY, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 7. NON-DISCRINIINATION 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. 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 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 2013-2015 Agreement 2 National School District City of National City 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. 13. 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 2013.2015 Agreement 3 National School District City of National City 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 be effected by delivery of written Notice of Termination to the DISTRICT as provided for herein. 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: Ron Morrison, Mayor City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To DISTRICT: Director of Student Services National 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. 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 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. 2013-2015 Agreement 4 National School District City of National City 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 parry'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 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 2013-2015 Agreement 5 National School District City of National City 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 CITY NATIONAL SCHOOL DISTRICT By: Rbn Morrison, Mayor APPROVED AS TO FORM: C audia Gaci City A 2013-2015 Agreement va By:y Chris Oram, Ed.D. Superintendent 6 National School District City of National City EXHIBIT A SCOPE OF SERVICES AND PAYMENT MISSION STATEMENT: It is the mission of the National 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 National School District and the City of National City by protecting life and property. 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, based on availability as determined by the CITY, on campus to help maintain a secure environment in and around our schools. To this end and following are specific agreements between the National School District and the City of National City: ROLL 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. 4. Provide adequate space for the School Resource Officers 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. City of National City and 1 Scope of Services National School District EXHIBIT A 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, for the period of July 1, 2013 through June 30, 2014, payable to the National City Police Department, 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 June 13, 2014. The National School District will remit $61,917, for the period of July 1, 2014 through June 30, 2015, payable to the National City Police Department, to offset costs of the School Resource Officer. This money is equal to 50% of the salary and benefits for one (1) National City Police Officer at E-Step for one (1) year. The total amount will be paid by January 30, 2015. 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. ROLE OF THE NATIONAL CITY POLICE DEPARTMENT: To the extent that staffing is available, at the sole discretion of the Chief of Police, The National City Police Department will provide the following services: 1. Assign a uniformed police officer as the School Resource Officer ("SRO"). 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 City ofNational City and 2 Scope of Services National School District EXHIBIT A 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. 5. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 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 his 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. To the extent that staffing is available as determined by the Chief of Police, the SRO shall do the following: • Attend the National School District SARB Hearings at NCPD • Conduct home visits with administrators or the NSD Truancy Officer. • Issue citations to parents for violation of the SARB contract. • Coordinate, train and inspect. individual Student Safety Patrols as requested. • Provide parent education/presentations to parent groups as requested. • Attend meetings and facilitate participation for the Teddy Bear Drive. • As available, provide education as it relates to criminal law, and Drug Awareness to middle and high school students as requested. • Teach narcotics awareness at PTA's and 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. City of National City and 3 Scope of Services National School District EXHIBIT A • Inspect and approve individual school safety plans for elementary and secondary schools. • Attend site -based 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 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. City of National City and 4 Scope of Services National School District EXHIBIT A RESOLUTION NO. 2014 — 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM, WITH A TOTAL REIMBURSEMENT TO THE CITY OF $61,917 FOR FISCAL YEAR 2014, AND $61,917 FOR FISCAL YEAR 2015, FOR A TWO-YEAR TOTAL OF $123,834 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 National School District to maintain police on campuses with the School Resource Officers Program to provide specialized campus security and general law enforcement services to the public schools located in National City; and WHEREAS, a joint funding agreement between the National School District and the City of National City will fund the salaries and benefits for the police officers; and WHEREAS, the National School District will reimburse the City of National City $61,917 for Police School Resource Officer Services for fiscal year 2014, and $61,917 for fiscal year 2015, fora two-year total of $123,834. 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 National School District for the School Resource Officers Program for fiscal years 2014 and 2015. Said Agreement is on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 16th day of Septer, 2014. iDall A�/y Mi ,y Clerk hael R. ROVE '&. S TO FORM: Silva City Attorne on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 16, 2014 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 ti p City Jerk of the Ci of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-132 of the City of National City, California, passed and adopted by the Council of said City on September 16, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 16, 2014 AGENDA ITEM NO. TEM TITLE: Resolution of the City of National City authorizing the Mayor to enter into an Agreement with the National School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $61,917 for FY2014 and $61,917 for FY2015, for a two-year total of $123,834 for the Police School Resource Officer Services.' PREPARED BY: 'Ronni Zengota, Operations Assistant' PHONE: (619) 336-451 6 EXPLANATION: DEPARTMENT: Police APPROVED BY: /;` The National City Police Department currently assigns two police officers as School Resource Officers (SRO) 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 funding agreement between the Sweetwater Union High School District, National School District and the City of National City. The proposed Agreement with the National School District would be effective and retroactive from July 1, 2013 through June 30, 2015. Approval of the resolution would authorize the Mayor to enter into an Agreement with the National School District in order to continue to share the costs of the School Resource Officer Program.; FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I APPROVED: 001-11107-3467 National School District $61,917 — FY 2014 and $61,917 — FY2015 ENVIRONMENTAL REVIEW: ;N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: greement between the City of National City and the National School District; C, k,1'ct AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT This AGREEMENT is entered into this 1' day of July, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY") and the NATIONAL 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 the NATIONAL 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, based on availability as determined by the CITY, on campus 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 hereto as "Exhibit A", in accordance with all terms and conditions contained herein. 2. PROJECT COORDINATION AND SUPERVISION: The Conununity Services Sergeant 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. The Director of Student Support thereby is designated as the Project Liaison for the DISTRICT. 3. COMPENSATION AND PAYMENT: The compensation from the DISTRICT to the CITY shall be sixty-one thousand nine hundred seventeen dollars ($61,917), for the period ofJuly 1, 2013 through June 30, 2014, and sixty-one thousand nine hundred seventeen dollars ($61,917), for the period ofJuly 1, 2014 through June 30, 2015, as set forth in Exhibit "A", a flat fee for each one year of service, due upon execution of the agreement. 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, 2013. The duration of this Agreement is for the period of July 1, 2013 through June 30, 2015. 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 CITY, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 7. NON-DISCRINIINATION 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. 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 perfonnance 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 of willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the 2013-2015 Agreement 2 National School District City ofNational City 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. 13. 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 2013.2015 Agreement 3 National School District City ofNational City 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 be effected by delivery of written Notice of Termination to the DISTRICT as provided for herein. 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: Ron Morrison, Mayor City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To DISTRICT: Director of Student Services National 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. 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 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. 2013-2015 Agreement 4 National School District City of National City 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 parry'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 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 2013-2015 Agreement 5 National School District City of National City 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 CITY NATIONAL SCHOOL DISTRICT By: By: ONARAI akAt/hY Ron Morrison, Mayor Chris Oram, Ed.D. Superintendent APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2013-2015 Agreement 6 National School District City of National City EXHIBIT A SCOPE OF SERVICES AND PAYMENT MISSION STATEMENT: It is the mission of the National 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 National School District and the City of National City by protecting life and property. 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, based on availability as determined by the CITY, on campus to help maintain a secure environment in and around our schools. To this end and following are specific agreements between the National School District and the City of National City: ROLL OF THE NATIONAL SCHOOL DISTRICT: The National School District agrees to: l . 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. 4. Provide adequate space for the School Resource Officers 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. City of National City and National School District 1 Scope of Services EXHIBIT A 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, for the period of July 1, 2013 through June 30, 2014, payable to the National City Police Department, 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 June 13, 2014. The National School District will remit $61,917, for the period of July 1, 2014 through June 30, 2015, payable to the National City Police Department, to offset costs of the School Resource Officer. This money is equal to 50% of the salary and benefits for one (1) National City Police Officer at E-Step for one (1) year. The total amount will be paid by January 30, 2015. 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. ROLE OF THE NATIONAL CITY POLICE DEPARTMENT: To the extent that staffing is available, at the sole discretion of the Chief of Police, The National City Police Department will provide the following services: 1. Assign a uniformed police officer as the School Resource Officer ("SRO"). 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 City of National City and 2 Scope of Services National School District EXHIBIT A 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 staffto regularly meet with the school district staff to evaluate program needs as requested. 5. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 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 his 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. To the extent that staffing is available as determined by the Chief of Police, the SRO shall do the following: • Attend the National School District SARB Hearings at NCPD • Conduct home visits with administrators or the NSD Truancy Officer. • Issue citations to parents for violation of the SARB contract. • Coordinate, train and inspect. individual Student Safety Patrols as requested. • Provide parent education/presentations to parent groups as requested. • Attend meetings and facilitate participation for the Teddy Bear Drive. • As available, provide education as it relates to criminal law, and Drug Awareness to middle and high school students as requested. • Teach narcotics awareness at PTA's and 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. City of National City and 3 Scope of Services National School District EXHIBIT A • Inspect and approve individual school safety plans for elementary and secondary schools. • Attend site -based 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 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. City of National City and 4 Scope of Services National School District EXHIBIT A • RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM, WITH A TOTAL REIMBURSEMENT TO THE CITY OF $61,917 FOR FISCAL YEAR 2014, AND $61,917 FOR FISCAL YEAR 2015, FOR A TWO-YEAR TOTAL OF $123,834 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 National School District to maintain police on campuses with the School Resource Officers Program to provide specialized campus security and general law enforcement services to the public schools located in National City; and WHEREAS, a joint funding agreement between the National School District and the City of National City will fund the salaries and benefits for the police officers; and WHEREAS, the National School District will reimburse the City of National City $61,917 for Police School Resource Officer Services for fiscal year 2014, and $61,917 for fiscal year 2015, for a two-year total of $123,834. 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 National School District for the School Resource Officers Program for fiscal years 2014 and 2015. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of September, 2014. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Della, CMC - City Clerk September 18, 2014 Director of Student Services National School District 1500 N Avenue National City, CA 91950 Dear Sir or Madam, On September 16th, 2014, Resolution No. 2014-132 the City of National City authorizing execution of an District. We are enclosing for your records a certified copy executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Police Dept. was adopted by the City Council of Agreement with the National School of the above Resolution and a fully