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HomeMy WebLinkAbout2016 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 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the NATIONAL SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITALS WHEREAS, the CITY and DISTRICT (collectively referred to as the "Parties") desire to provide a safe, secure, and orderly teaching and learning environment for all students and staff within National School District and the City of National City by protecting life and property. WHEREAS, the Parties have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. WHEREAS, the Parties 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 as "Exhibit A" hereto, in accordance with all terms and conditions contained herein. To the extent that there are any inconsistencies between this Agreement and "Exhibit A", this Agreement controls. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2015. The duration of this Agreement is for the period of July 1, 2015 through June 30, 2017. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 3. PROJECT COORDINATION AND SUPERVISION. Police Sergeant, Chris Sullivan hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. Director of Student Support Services, Meghann O'Conner thereby is designated as the Project Director for the DISTRICT. 4. COMPENSATION AND PAYMENT. The total compensation from the DISTRICT to the CITY shall be a yearly flat fee. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the Chief of Police. Yearly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A." 5. ACCEPTABLITY OF WORK. Either party may request an informal meeting to discuss any concern regarding compliance with the Roles and Responsibilities listed in Exhibit "A". Parties agree to conduct such meeting no later than 10 working days after the request. 6. INDEPENDENT CONTRACTOR. Both Parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. The CITY understands and agrees that it and all of its employees shall not be considered officers, employees or agents of the DISTRICT, and are not entitled to benefits of any kind or nature normally provided employees of DISTRICT and/or to which DISTRICT employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers' Compensation. Likewise, the DISTRICT understands and agrees that it and all of its employees shall not be considered officers, employees or agents of the CITY, and are not entitled to benefits of any kind or nature normally provided employees of CITY and/or to which CITY employees are normally entitled, including, but not limited to, retirement, medical, unemployment, State Unemployment Compensation or Workers' Compensation. CITY assumes the full responsibility for the acts and/or omissions of its employees or agents as they relate to the services to be provided under this Agreement. DISTRICT assumes the full responsibility for the acts and/or omissions of its employees or agents as they relate to the services to be provided under this Agreement. CITY shall assume full responsibility for payment of federal, state and local taxes, including unemployment insurance, social security and income taxes for its employees. 7. 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 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 as to the DISTRICT wholly independent. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the DISTRICT or any of the DISTRICT's employees, except as herein set forth, and the DISTRICT or the DISTRICT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the DISTRICT, its agents, servants, and employees are as to the CITY wholly independent. 8. NON-DISCRIMINATION PROVISIONS. During the performance of this Agreement, the Parties shall not discriminate against any employee, applicant, student or other person connected to this Agreement in a manner prohibited by the laws of the United States or the State of California (including, but not limited to, on the basis of religion, race, color, national origin, handicap, ancestry, sex, sexual orientation, marital status or age). 9. CONFIDENTIAL INFORMATION. The Parties may from time to time communicate between or amongst each other, or be in possession of, certain confidential information. Such confidential information shall not be disclosed unless authorized by federal, state or local law, including applicable student privacy laws. Upon receipt of any request for 2015 Agreement 2 City of National City and National School District confidential information by a third party, the Parties agree to advise each other of such request and their subsequent response to such request. The Parties are each subject to the Public Records Act and this provision is not intended to impede or impair the requirements or obligations under that Act. 10. INDEMNIFICATION AND HOLD HARMLESS. A. The DISTRICT agrees to indemnify, defend, and hold harmless CITY, its officers, agents and employees against any claim, liability, loss, injury or damage imposed on CITY arising out of DISTRICT's performance on this Agreement, except for liability resulting from the negligent or willful misconduct of CITY, its officers, agents and employees. If obligated to indemnify, defend, or hold harmless CITY under this Agreement, DISTRICT shall reimburse CITY for all costs, attorney's fees, expenses and liabilities associated with any resulting legal action. DISTRICT shall seek CITY approval of any settlement that could adversely affect the CITY, its officers, agents or employees. B. CITY agrees to indemnify, defend, and hold harmless DISTRICT, its officers, agents and employees against any claim, liability, loss, injury or damage imposed on DISTRICT arising out of CITY's performance on this Agreement, except for liability resulting from the negligent or willful misconduct of DISTRICT, its officers, agents and employees. If obligated to indemnify, defend, or hold harmless DISTRICT under this Agreement, CITY shall reimburse DISTRICT for all costs, attorney's fees, expenses and liabilities associated with any resulting legal action. CITY shall seek DISTRICT's approval of any settlement that could adversely affect DISTRICT, its officers, agents or employees. C. 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. D. 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 for such, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. 12. MEDIATION/ARBITRATION. A. The Parties agree that should any dispute arise out of or relating to this Agreement they will first seek to resolve the matter informally for a reasonable period of time not to exceed forty five (45) days. If the dispute remains, the Parties agree first to try, in good faith, to settle the dispute by mediation in San Diego County, 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 County, 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 2015 Agreement 3 City of National City and National School District in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the Parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. B. In the event of arbitration, the arbitrator shall present a written, well - reasoned decision that includes the arbitrator's findings of fact and conclusions of law. The decision of the arbitrator shall be binding and conclusive on the Parties. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing Party's actual damages, except as may be required by statute. The arbitrator shall have no authority to award equitable relief. Any arbitration award initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to either Party other than the direction to pay a monetary amount. As determined by the arbitrator, the arbitrator shall award the prevailing Party, if any, all of its costs and fees. The term "costs and fees" includes all reasonable pre -award arbitration expenses, including arbitrator fees, administrative fees, witness fees, attorney's fees and costs, court costs, travel expenses, and out-of-pocket expenses such as photocopy and telephone expenses. The decision of the arbitrator is not reviewable, except to determine whether the arbitrator complied with section (b) of this paragraph. 13. TERMINATION. A. Either Party may terminate this Agreement for any reason or for no reason upon a 60-day written notice to the other Party. During said 60-day period the CITY shall perform all services in accordance with this Agreement. The Parties may mutually agree to waive this notice requirement and terminate the Agreement at an earlier time. Upon such termination, CITY shall be compensated on a pro rata basis only for those services that have been rendered to DISTRICT as of the date of termination, and CITY shall be entitled to no further compensation. B. In the event that either party fails to perform on a material term of this Agreement or engaged in material misrepresentation in connection with the formation of this Agreement or performance of services under the Agreement, the other party has the right to terminate the Agreement upon seven days written notice and all other rights and remedies available to it at law and equity. 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, terecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given 2015 Agreement 4 City of National City and National School District 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: To DISTRICT: Chief of Police National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4301 Assistant Superintendent of Business 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. 44. 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. li 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 otherwis e 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 s Agreement g 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. Proper venue for any dispute regarding this Agreement shall lie in San Diego County, California. 2015 Agreement 5 City of National City and National School District NATIONAL SCHOOL DISTRICT By: �i— Morrison, Mayor C ris Carson Assistant Superintendent Date Ratified by City Council: 3/1/16 Date Ratified by Governing Board: 6 c2V J5- 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 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. Assignment. Unless authorized in writing by both Parties, neither Party shall assign or transfer any rights or obligations covered by this Agreement. Any unauthorized assignment or transfer shall constitute grounds for termination by the other Party. N. Ratification. This Agreement is subject to ratification by the District's Governing Board and the National City's City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY PPROVED AS TO FORM: Cla dia Gacitu. Silv City Attorn: 2015 Agreement 6 City of National City and National School District 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. 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. 2015 Agreement 7 City of National City and National School District 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 $68,624.49, for the period ofJuly 1, 2015 through June 30, 2016, 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, 2016. The National School District will remit $68,624.49, for the period ofJuly 1, 2016 through June 30, 2017, 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, 2017. 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: o Safety of students and staff on campus o Gang related violence and crime o Campus intrusion o Loss and/or damage to property o Weapons on campus o Alcohol and drugs on campus o Truancy o 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. 2015 Agreement 8 City of National City and National School District 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. • 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. 2015 Agreement 9 City of National City and National School District RESOLUTION NO. 2016 — 22 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 IN WHICH THE NATIONAL SCHOOL DISTRICT WILL REIMBURSE THE CITY OF NATIONAL CITY $68,624.49 FOR FISCAL YEAR 2016 AND $68,624.49 FOR FISCAL YEAR 2017, FOR A TWO-YEAR TOTAL OF $137,248.98 TO PROVIDE POLICE SCHOOL RESOURCE OFFICER SERVICES WHEREAS, the National City Police Department currently assigns two police officers as School Resource Officers ("SROs") whose primary duty is to provide specialized campus security and general law enforcement services to the Sweetwater Union High School District and the National School District; and WHEREAS, the National School District and the City of National City desire to enter into a one-year Agreement effective and retroactive from July 1, 2015, with a reimbursement amount to National City of $68,624.49 and an option to extend through June 30, 2017, with a reimbursement amount to National City of National City of $68,624.49, for a total reimbursement amount of $137,248.98, upon the mutual extension authorized and executed by both Parties in order to continue to share the costs of the School Resource Officer Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a one-year Agreement with the Sweetwater Union High School District effective and retroactive from July 1, 2015, with an option to extend through June 30, 2017, upon mutual extension authorized and executed by both Parties in order to continue to share the costs of the School Resource Officer Program and reimbursing the City of National City $68,624.49 for Fiscal Year 2015 and $68,624.49 for Fiscal Year 2017, if extended, for a total reimbursement amount of $137,248.98. ATTEST: PASSED and ADOPTED this 1st day of March, 201 DA. Michael R. Dalla City Clerk PPROVD AS T! FORM: au la G City ttorn citua Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on March 1, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Al't'4)1 City CI rk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-22 of the City of National City, California, passed and adopted by the Council of said City on March 1, 2016. City Clerk of the City of National City, California By: Deputy C,a00y-4a CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2016 AGENDA ITEM NO.7 ITEM TITLE: 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. The City of National City will be reimbursed $68,624.49 for FY2016 and $68,624.49 for FY2017 by the National School District, for a two-year total of $137,248.98 for Police School Resource Officer Services. PREPARED BY: Manuel Rodriguez, Chief of Police DEPARTMENT: Police PHONE: (619) 336-4510 APPROVED BY%% EXPLANATION: The National City Police Department currently assigns two police officers as Sch6ol Resource Officers (SROs) 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 National School District would be effective and retroactive from July 1, 2015 through June 30, 2017, upon the mutual extension authorized and executed by both Parties. Approval of the resolution would authorize the City to enter into an Agreement with the National School District in order to continue to share the costs of the School Resource Officer Program. $64,301 currently is appropriated for the personnel costs of program; however consistent with City practice, this total does not include costs associated with labor negotiations, as negotiations with the Police Officer's Association had not yet begun at the time the current budget had been adopted. If necessary, a supplemental appropriation for the program's costs will be requested as part of the mid -year budget review. FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 001-11107-3467 Expenditure: 001-411-107-* ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: LIVA/aAi Finance APPROVED: MIS FY16 $68,624.49 / FY17 $68,624.49 FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement between the City of National City and the National School District Exhibit "A" Scope of Services uvVjN01-N NO. ' O'.6-'aa AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the NATIONAL SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITALS WHEREAS, the CITY and DISTRICT (collectively referred to as the "Parties") desire to provide a safe, secure, and orderly teaching and learning environment for all students and staff within National School District and the City of National City by protecting life and property. WHEREAS, the Parties have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. WHEREAS, the Parties 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 as "Exhibit A" hereto, in accordance with all terms and conditions contained herein. To the extent that there are any inconsistencies between this Agreement and "Exhibit A", this Agreement controls. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2015. The duration of this Agreement is for the period of July 1, 2015 through June 30, 2017. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 3. PROJECT COORDINATION AND SUPERVISION. Police Sergeant, Chris Sullivan hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. Director of Student Support Services, Meghann O'Conner thereby is designated as the Project Director for the DISTRICT. 4. COMPENSATION AND PAYMENT. The total compensation from the DISTRICT to the CITY shall be a yearly flat fee. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the Chief of Police. Yearly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A." 5. ACCEPTABLITY OF WORK. Either party may request an informal meeting to discuss any concern regarding compliance with the Roles and Responsibilities listed in Exhibit "A". Parties agree to conduct such meeting no later than 10 working days after the request. 6. INDEPENDENT CONTRACTOR. Both Parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. The CITY understands and agrees that it and all of its employees shall not be considered officers, employees or agents of the DISTRICT, and are not entitled to benefits of any kind or nature normally provided employees of DISTRICT and/or to which DISTRICT employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers' Compensation. Likewise, the DISTRICT understands and agrees that it and all of its employees shall not be considered officers, employees or agents of the CITY, and are not entitled to benefits of any kind or nature normally provided employees of CITY and/or to which CITY employees are normally entitled, including, but not limited to, retirement, medical, unemployment, State Unemployment Compensation or Workers' Compensation. CITY assumes the full responsibility for the acts and/or omissions of its employees or agents as they relate to the services to be provided under this Agreement. DISTRICT assumes the full responsibility for the acts and/or omissions of its employees or agents as they relate to the services to be provided under this Agreement. CITY shall assume full responsibility for payment of federal, state and local taxes, including unemployment insurance, social security and income taxes for its employees. 7. 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 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 as to the DISTRICT wholly independent. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the DISTRICT or any of the DISTRICT's employees, except as herein set forth, and the DISTRICT or the DISTRICT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the DISTRICT, its agents, servants, and employees are as to the CITY wholly independent. 8. NON-DISCRIMINATION PROVISIONS. During the performance of this Agreement, the Parties shall not discriminate against any employee, applicant, student or other person connected to this Agreement in a manner prohibited by the laws of the United States or the State of California (including, but not limited to, on the basis of religion, race, color, national origin, handicap, ancestry, sex, sexual orientation, marital status or age). 9. CONFIDENTIAL INFORMATION. The Parties may from time to time communicate between or amongst each other, or be in possession of, certain confidential information. Such confidential information shall not be disclosed unless authorized by federal, state or local law, including applicable student privacy laws. Upon receipt of any request for 2015 Agreement 2 City of National City and National School District confidential information by a third party, the Parties agree to advise each other of such request and their subsequent response to such request. The Parties are each subject to the Public Records Act and this provision is not intended to impede or impair the requirements or obligations under that Act. 10. INDEMNIFICATION AND HOLD HARMLESS. A. The DISTRICT agrees to indemnify, defend, and hold harmless CITY, its officers, agents and employees against any claim, liability, loss, injury or damage imposed on CITY arising out of DISTRICT's performance on this Agreement, except for liability resulting from the negligent or willful misconduct of CITY, its officers, agents and employees. If obligated to indemnify, defend, or hold harmless CITY under this Agreement, DISTRICT shall reimburse CITY for all costs, attorney's fees, expenses and liabilities associated with any resulting legal action. DISTRICT shall seek CITY approval of any settlement that could adversely affect the CITY, its officers, agents or employees. B. CITY agrees to indemnify, defend, and hold harmless DISTRICT, its officers, agents and employees against any claim, liability, loss, injury or damage imposed on DISTRICT arising out of CITY's performance on this Agreement, except for liability resulting from the negligent or willful misconduct of DISTRICT, its officers, agents and employees. If obligated to indemnify, defend, or hold harmless DISTRICT under this Agreement, CITY shall reimburse DISTRICT for all costs, attorney's fees, expenses and liabilities associated with any resulting legal action. CITY shall seek DISTRICT's approval of any settlement that could adversely affect DISTRICT, its officers, agents or employees. C. 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. D. 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 for such, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. 12. MEDIATION/ARBITRATION. A. The Parties agree that should any dispute arise out of or relating to this Agreement they will first seek to resolve the matter informally for a reasonable period of time not to exceed forty five (45) days. If the dispute remains, the Parties agree first to try, in good faith, to settle the dispute by mediation in San Diego County, 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 County, 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 2015 Agreement 3 City of National City and National School District in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the Parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. B. In the event of arbitration, the arbitrator shall present a written, well - reasoned decision that includes the arbitrator's findings of fact and conclusions of law. The decision of the arbitrator shall be binding and conclusive on the Parties. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing Party's actual damages, except as may be required by statute. The arbitrator shall have no authority to award equitable relief. Any arbitration award initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to either Party other than the direction to pay a monetary amount. As determined by the arbitrator, the arbitrator shall award the prevailing Party, if any, all of its costs and fees. The term "costs and fees" includes all reasonable pre -award arbitration expenses, including arbitrator fees, administrative fees, witness fees, attorney's fees and costs, court costs, travel expenses, and out-of-pocket expenses such as photocopy and telephone expenses. The decision of the arbitrator is not reviewable, except to determine whether the arbitrator complied with section (b) of this paragraph. 13. TERMINATION. A. Either Party may terminate this Agreement for any reason or for no reason upon a 60-day written notice to the other Party. During said 60-day period the CITY shall perform all services in accordance with this Agreement. The Parties may mutually agree to waive this notice requirement and terminate the Agreement at an earlier time. Upon such termination, CITY shall be compensated on a pro rata basis only for those services that have been rendered to DISTRICT as of the date of termination, and CITY shall be entitled to no further compensation. B. In the event that either party fails to perform on a material term of this Agreement or engaged in material misrepresentation in connection with the formation of this Agreement or performance of services under the Agreement, the other party has the right to terminate the Agreement upon seven days written notice and all other rights and remedies available to it at law and equity. 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 telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given 2015 Agreement 4 City of National City and National School District 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: Chief of Police National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4301 To DISTRICT: Assistant Superintendent of Business 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. 44. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple 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. Proper venue for any dispute regarding this Agreement shall lie in San Diego County, California. 2015 Agreement 5 City of National City and National School District 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 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. Assignment. Unless authorized in writing by both Parties, neither Party shall assign or transfer any rights or obligations covered by this Agreement. Any unauthorized assignment or transfer shall constitute grounds for termination by the other Party. N. Ratification. This Agreement is subject to ratification by the District's Governing Board and the National City's City Council. 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: Ron Morrison, Mayor Chris Carson Assistant Superintendent Date Ratified by City Council: Date Ratified by Governing Board: APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2015 Agreement 6 City of National City and National School District 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. 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. 2015 Agreement 7 City of National City and National School District 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 $68,624.49, for the period ofJuly 1, 2015 through June 30, 2016, 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, 2016. The National School District will remit $68,624.49, for the period ofJuly 1, 2016 through June 30, 2017, 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, 2017. 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: o Safety of students and staff on campus o Gang related violence and crime o Campus intrusion o Loss and/or damage to property o Weapons on campus o Alcohol and drugs on campus o Truancy o 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. 2015 Agreement 8 City of National City and National School District 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. • 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. 2015 Agreement 9 City of National City and National School District RESOLUTION NO. 2016 — 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 IN WHICH THE NATIONAL SCHOOL DISTRICT WILL REIMBURSE THE CITY OF NATIONAL CITY $68,624.49 FOR FISCAL YEAR 2016 AND $68,624.49 FOR FISCAL YEAR 2017, FOR A TWO-YEAR TOTAL OF $137,248.98 TO PROVIDE POLICE SCHOOL RESOURCE OFFICER SERVICES WHEREAS, the National City Police Department currently assigns two police officers as School Resource Officers ("SROs") whose primary duty is to provide specialized campus security and general law enforcement services to the Sweetwater Union High School District and the National School District; and WHEREAS, the National School District and the City of National City desire to enter into a one-year Agreement effective and retroactive from July 1, 2015, with a reimbursement amount to National City of $68,624.49 and an option to extend through June 30, 2017, with a reimbursement amount to National City of National City of $68,624.49, for a total reimbursement amount of $137,248.98, upon the mutual extension authorized and executed by both Parties in order to continue to share the costs of the School Resource Officer Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a one-year Agreement with the Sweetwater Union High School District effective and retroactive from July 1, 2015, with an option to extend through June 30, 2017, upon mutual extension authorized and executed by both Parties in order to continue to share the costs of the School Resource Officer Program and reimbursing the City of National City $68,624.49 for Fiscal Year 2015 and $68,624.49 for Fiscal Year 2017, if extended, for a total reimbursement amount of $137,248.98. PASSED and ADOPTED this 1st day of March, 2016. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor