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HomeMy WebLinkAbout2019 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 21 day of May 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the NATIONAL SCHOOL DISTRICT, apublic entity and school district (hereinafter the 'DISTRICT"). RECITALS WHEREAS, the CITY and DISTRICT (collectively referred to as the 'Parties") desires 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. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement is effective as of July 1, 2018. The duration of this Agreement is for the period of July 1, 2018 through June 30, 2019. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one term. The Parties may exercise up to one (1), one-year extensions. Any extension of this Agreement must be approved in writing by the Chief of Police, and on behalf of the DISTRICT by Chief Financial Officer. 2. $COPE 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 the Agreement and "Exhibit A", this Agreement controls. 3. PROJECT COORDINATION AND SUPERVISION. The Community Services Sergeant 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 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 flat fee of ($77,068.00) for the period of July 1, 2018 through June 30, 2019. The DISTRICT shall pay the CITY ($77,068.00) for the period of July 1, 2018 through June 30, 2019, upon invoicing, following execution of the agreement and ratification by the Board of Trustees, and for any mutual extension authorized and executed by the Parties described in Section 1 of this Agreement. 5. ACCEPTABILITY 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. Neither the DISTRICT nor the DISTRICT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. Neither this Agreement nor any interest herein may be assigned by the DISTRICT without the prior written consent of the CITY. 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, and that the CITY'S obligations to the DISTRICT are solely such as are prescribed by this Agreement. 8. COMPLIANCE WITH APPLICABLE LAW. The DISTRICT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. 9. LICENSES, PERMITS, ETC. The DISTRICT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The DISTRICT represents and covenants that the DISTRICT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the DISTRICT to practice its profession. 10. STANDARD OF CARE. A. The DISTRICT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the DISTRICT'S trade or profession currently practicing under similar conditions and in similar locations. B. The CITY, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CITY'S trade or profession currently practicing under similar conditions and in similar locations. 11. NON-D1SCRIMINATION PROVISIONS. The DISTRICT shall not discriminate against any employee or applicant for employment because of age, race, color, Standard Agreement Page 2 of 10 City of National City and Revised December 2016 National School District ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The DISTRICT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The DISTRICT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 12. 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 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. 13. NO INDEPENDENT BASIS FOR LIABILITY. Nothing herein shall create, by this or other understanding between the parties, an independent basis for liability of the CITY to either the DISTRICT or to a third party for failing to respond or for responding to a call for police services in a dilatory or negligent manner. The CITY'S liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. 14. INDEMNIFICATION AND HOLD HARMLESS. The DISTRICT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the DISTRICT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and DISTRICT shall employ competent counsel, reasonably acceptable to the City Attorney. A. 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. B. 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. Standard Agreement Page 3 of 10 City of National City and Revised December 2016 National School District C. 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. 15. 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, employees, and volunteers 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 DISTRICT under this Agreement. 16. 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. 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. 17. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the DISTRICT. During said 60-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. 18. 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, Standard Agreement Page 4 of 10 City of National City and Revised December 2016 National School District telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Chief of Police National City Police Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To DISTRICT: Chief Financial Officer 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. 19. 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. To the extent any exhibits, Standard Agreement Page 5 of 10 City of National City and Revised December 2016 National School District schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. 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. 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. [Signature Page to Follow] Standard Agreement Page 6 of 10 City of National City and Revised December 2016 National School District By: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAel I, Ale.] Mayor APPROVED AS TO FORM: icole Pedone Senior Assistant City Attorney Standard Agreement Revised December 2016 NATIONAL SCHOOL DISTRICT Ckr`sff L g. Cana (Print) 4. S c (Title) 80E &13!Letts By: (Name) Page 7of10 (Print) (Title) 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 the and following are specific agreements between the National School District and the City of National City: ROLE OF THE NATIONAL SCHOOL DISTRICT: The National School District agrees to: 1. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. 2. Schedule orientation time for classroom teachers. 3. Schedule parent meetings as needed. 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 audio-visual equipment for social skills/conflict resolution instruction, drug education and other law enforcement related educational presentations. 8. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. 9. Develop procedures to handle campus safety issues. 10. To establish and follow procedures for referring police involvement. 11. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except in emergencies. Standard Agreement Page 8 of 10 City of National City and Revised December 2016 National School District 12. The National School District will remit $77,068.00, for the period of July 1, 2017 through June 30, 2018, 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 benefit for one (1) National City Police Officer at E-Step for one (1) year. The total amount will be paid by January 30, 2018. 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. 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 of his designee. Standard Agreement Page 9 of 10 City of National City and Revised December 2016 National School District 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 of the NSD Truancy Officer. • Issue citations to parents for violations of the SARB contract. • Coordinate, train and inspect individual 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 and 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. • 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 the City limits. • Follow all Police Department Policies (DOP) regarding role, responsibility and officer conduct. Standard Agreement Page 10 of 10 City of National City and Revised December 2016 National School District RESOLUTION NO. 2019 — 73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ONE (1) YEAR RATIFIED AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE RATIFIED AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM FOR FY 2019 WITH A REIMBURSEMENT TO THE CITY OF NATIONAL CITY IN THE AMOUNT OF $77,068.00 FOR FY 2019 WHEREAS, the National City Police Department currently assigns two Police Officers as School Resource Officers (SROs); and WHEREAS, SROs provide specialized campus security and general law enforcement services to the National School District; and WHEREAS, the salaries and benefits for the SROs are funded through agreements between the City of National City and the National School District; and WHEREAS, due to lengthy negotiations, the proposed Agreement with the National School District includes but is not limited to services that have already been rendered and therefore is retroactive to July 1, 2018 and extend through June 30, 2019; and WHEREAS, approval and ratification of the National School District Agreement would allow the City of National City to continue sharing the costs of the School Resource Officer Program with the National School District; and WHEREAS, upon approval and ratification of this Agreement, the City of National City will be reimbursed $77,068.00 for FY2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorizes the Mayor to Execute the ratified Agreement with the National School District for partial funding of the School Resource Officer Progra .r FY 2019 with a reimbursement to the City of National City in the amount of $77,068. ATT T: PASSED and ADOPTED this 21st day o 1 fr;fi1 4 &thrikw lejan ,Ta: - :� olis,, ayor Ter/ Michael R. r alla, City Clerk APPROVED AS TO FORM: Morris -Jones Attorney Passed and adopted by the Council of the City of National City, California, on May 21, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk 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. 2019-73 of the City of National City, California, passed and adopted by the Council of said City on May 21, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 21, 2019 AGENDA ITEM NO. 17 _TEM TITLE: Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to Execute the ratified Agreement with the National School district for partial funding of the School Resource Officer Program for FY 2019. The City of National City will be reimbursed $77,068.00 for FY 2019. PREPARED BY: Robert Rounds, Lieutenant DEPARTMENT: Police PHONE: (619) 336-4433 APPROVED BY: EXPLANATION: 1-he National City Police Department currently assigns two police officers as School Resource Officers (SROs). SROs provide specialized campus security and general law enforcement services to the National School District and the Sweetwater Union High School District. The salaries and benefits for these SROs are funded through agreements between the City of National City and each of these districts. Due to lengthy negotiations, the proposed Agreement with the National School District would be retroactive to July 1, 2018 and extend through June 30, 2019. Approval and ratification of this item would allow the City of National City to continue sharing the costs of the School Resource Officer Program with the National School District. Upon approval and ratification of this item, the City of National City will be reimbursed $77,068.00 for FY2019. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: FY19: Revenue: 001-11108-3467 FY19 $77,068.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: pprove 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 .doi9- 5 3 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT THIS AGREEMENT is entered into this _ day ofMay 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and theNATIONAL SCHOOL DISTRICT, apublic entity and school district (hereinafter the 'DISTRICT"). RECITALS WHEREAS, the CITY and DISTRICT (collectively referred to as the 'Parties") desires 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. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. EFFECTIVE DATE AND LENGTH OF ' REEMENT. This Agreement is effective as of July 1, 2018. The duration of this Agreement is for the period of July 1, 2018 through June 30, 2019. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one term. The Parties may exercise up to one (1), one-year extensions. Any extension of this Agreement must be approved in writing by the Chief of Police, and on behalf of the DISTRICT by Chief Financial Officer. 2. ,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 the Agreement and "Exhibit A", this Agreement controls. 3. PROJECT COORDINATION AND SUPERVISION. The Community Services Sergeant 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 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 flat fee of ($77,068.00) for the period of July 1, 2018 through June 30, 2019. The DISTRICT shall pay the CITY ($77,068.00) for the period of July 1, 2018 through June 30, 2019, upon invoicing, following execution of the agreement and ratification by the Board of Trustees, and for any mutual extension authorized and executed by the Parties described in Section 1 of this Agreement. 5. ACCEPTABILITY 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. Neither the DISTRICT nor the DISTRICT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. Neither this Agreement nor any interest herein may be assigned by the DISTRICT without the prior written consent of the CITY. 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, and that the CITY'S obligations to the DISTRICT are solely such as are prescribed by this Agreement. 8. COMPLIANCE WITH APPLICABLE LAW. The DISTRICT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. 9. LICENSES, PERMITS, ETC. The DISTRICT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The DISTRICT represents and covenants that the DISTRICT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the DISTRICT to practice its profession. 10. STANDARD OF CARE. A. The DISTRICT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the DISTRICT'S trade or profession currently practicing under similar conditions and in similar locations. B. The CITY, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CITY'S trade or profession currently practicing under similar conditions and in similar locations. 11. NON-DISCRIMINATION PROVISIONS. The DISTRICT shall not discriminate against any employee or applicant for employment because of age, race, color, Standard Agreement Page 2 of 10 City of National City and Revised December 2016 National School District ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The DISTRICT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The DISTRICT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 12. 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 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 subjectto the Public Records Act and this provision is not intended to impede or impair the requirements or obligations under that Act. 13. NO INDEPENDENT BASIS FOR LIABILITY. Nothing herein shall create, by this or other understanding between the parties, an independent basis for liability of the CITY to either the DISTRICT or to a third party for failing to respond or for responding to a call for police services in a dilatory or negligent manner. The CITY'S liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. 14. INDEMNIFICATION AND HOLD HARMLESS. The DISTRICT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the DISTRICT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and DISTRICT shall employ competent counsel, reasonably acceptable to the City Attorney. A. 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. B. 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. Standard Agreement Page 3 of 10 City of National City and Revised December 2016 National School District C. 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. 15. 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, employees, and volunteers 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 DISTRICT under this Agreement. 16. 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. 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. 17. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the DISTRICT. During said 60-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. 18. 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, Standard Agreement Page 4 of 10 City of National City and Revised December 2016 National School District telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Chief of Police National City Police Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To DISTRICT: Chief Financial Officer 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. 19. 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. To the extent any exhibits, Standard Agreement Page 5 of 10 City of National City and Revised December 2016 National School District schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. 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. 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 byeither 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. [Signature Page to Follow] Standard Agreement Page 6 of 10 City of National City and Revised December 2016 National School District 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: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: Nicole Pedone Senior Assistant City Attorney By: ame) Ckr`s f p g. Ca. so" (Print) &4S. sk S. (Title) $oE 11512.P,t By: (Name) (Print) (Title) Standard Agreement Page 7 of 10 City of National City and Revised December 2016 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 the and following are specific agreements between the National School District and the City of National City: ROLE OF THE NATIONAL SCHOOL DISTRICT: The National School District agrees to: 1. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. 2. Schedule orientation time for classroom teachers. 3. Schedule parent meetings as needed. 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 audio-visual equipment for social skills/conflict resolution instruction, drug education and other law enforcement related educational presentations. 8. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. 9. Develop procedures to handle campus safety issues. 10. To establish and follow procedures for referring police involvement. 11. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except in emergencies. Standard Agreement Page 8 of 10 City of National City and Revised December 2016 National School District 12. The National School District will remit $77,068.00, for the period of July 1, 2017 through June 30, 2018, 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 benefit for one (1) National City Police Officer at E-Step for one (1) year. The total amount will be paid by January 30, 2018. 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. 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 of his designee. Standard Agreement Page 9 of 10 City of National City and Revised December 2016 National School District 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 of the NSD Truancy Officer. • Issue citations to parents for violations of the SARB contract. • Coordinate, train and inspect individual 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 and 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. • 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 the City limits. • Follow all Police Department Policies (DOP) regarding role, responsibility and officer conduct. Standard Agreement Page 10 of 10 City of National City and Revised December 2016 National School District RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ONE (1) YEAR RATIFIED AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE RATIFIED AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM FOR FY 2019 WITH A REIMBURSEMENT TO THE CITY OF NATIONAL CITY IN THE AMOUNT OF $77,068.00 FOR FY 2019 WHEREAS, the National City Police Department currently assigns two Police Officers as School Resource Officers (SROs); and WHEREAS, SROs provide specialized campus security and general law enforcement services to the National School District; and WHEREAS, the salaries and benefits for the SROs are funded through agreements between the City of National City and the National School District; and WHEREAS, due to lengthy negotiations, the proposed Agreement with the National School District includes but is not limited to services that have already been rendered and therefore is retroactive to July 1, 2018 and extend through June 30, 2019; and WHEREAS, approval and ratification of the National School District Agreement would allow the City of National City to continue sharing the costs of the School Resource Officer Program with the National School District; and WHEREAS, upon approval and ratification of this Agreement, the City of National City will be reimbursed $77,068.00 for FY2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorizes the Mayor to Execute the ratified Agreement with the National School District for partial funding of the School Resource Officer Program for FY 2019 with a reimbursement to the City of National City in the amount of $77,068. PASSED and ADOPTED this 21st day of May, 2019 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk NATIONAL SCHOOL DISTRICT School Resource Officer Program FY19 Lt. Robert Rounds (Police) forwarded a duplicate original Agreement to Sweetwater Union High School District.