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HomeMy WebLinkAboutSweetwater Union High School District - SRO 2015NOTE TO FILE 07-15-2019 IN THE MATTER OF: The 2016 Sweetwater Union High School — School Resource Officer Program Agreement. Please note the following: NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. A PARTIALLY EXECUTED AGREEMENT IS ON FILE. ORIGINATING DEPARTMENT: _ CDC _ Housing & Economic Development City Attorney _ Human Resources City Manager MIS Community Svcs. _ Planning Eng/PW X Police Finance Fire NTF AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the SWEETWATER UNION HIGH 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 Sweetwater Union High 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, 2016. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". This Agreement may be extended for an additional period of one (1) year upon the written approval of the Parties. The mutual extension may be authorized and executed on behalf of the CITY by Chief of Police, Manuel Rodriguez and on behalf of the DISTRICT by Chief Financial Officer Karen Michel. 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 hereby assigns the Director of Student Support to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. 4. COMPENSATION AND PAYMENT. The total compensation from the DISTRICT to the CITY shall be the flat fee of eighty-four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, and eighty-four thousand dollars ($84,000) for the period of July 1, 2016 through June 30, 2017 upon the mutual extension authorized and executed by the Parties described in section 2 of this Agreement. The District shall pay the City eighty- four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, upon invoicing, following execution of the agreement and ratification by the Board of Trustees. 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. 8. NON-DISCRIMINATION PROVISIONS. The DISTRICT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. 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. 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. 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. 2015 Agreement City of National City and 2 Sweetwater Union HS District 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. 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. 11. WORKERS' COMPENSATION. The DISTRICT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the DISTRICT under this Agreement. 12. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the Parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the Parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the Parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 13. TERMINATION. A. This Agreement may be terminated with or without cause by either Party. Termination without cause shall be effective only upon 60-day's written notice to either Party. During said 60-day period the CITY shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by either Party for cause in the event of a material breach of this Agreement, misrepresentation by the other party in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the Agreement. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the either Party as provided for herein. 2015 Agreement City of National City and 3 Sweetwater Union HS District 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 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: Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 15. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date 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 2015 Agreement City of National City and 4 Sweetwater Union HS District 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. 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. 2015 Agreement City of National City and 5 Sweetwater Union HS District IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SWEETWATER UNION HIGH SCHOOL DISTRICT By: Ron Morrison, Mayor By: (Name) APPROVED AS TO FORM: r1 i udia Gaci, a ' ilva City Attorney APPROVED AS TO FORM: Jennifer Carbuccia General Counsel 2015 Agreement (Print) (Title) By: (Name) (Print) (Title) City of National City and 6 Sweetwater Union HS District EXHIBIT A SCOPE OF SERVICES MISSION STATEMENT: It is the mission of the Sweetwater Union High School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community. Police officer availability shall be determined at the sole discretion of the Chief of Police of the National City Police Department. As a result, the Sweetwater union High School District and the City of National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY: 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Develop emergency response procedures; 4. Develop a School Safety Plan; 5. Establish and follow procedures for referring School Resource Officer involvement; and 6. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officers' efforts to work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY: 2015 Agreement 1. To provide prevention/intervention by: a. Providing a visible uniform police officer presence on the campuses of the Sweetwater Union High School District located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings as available. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. City of National City and 7 Sweetwater Union HS District f. Respond to all law enforcement related matters as they occur during regular school hours when' available. g. Attend various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is required for any events, activities, meetings, etc., will be paid for by the District per the MOU. h. Documenting all incidents of crime as per Department regulations. i. Assisting with developing and revision school security procedures and emergency response drills. j. Assisting the school's safety committee in developing the School Safety Plan. 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools. 3. Liaison with National City Police Department personnel who are investigating criminal investigations or criminal activity within the affected schools. 4. Continue to work with school staff and District personnel in matters of mutual concern such as: a. Education and Training b. Prevention and intervention in the areas of alcohol and drug use on campus c. Safety of students and staff on campus d. Gang -related violence and crime e. Campus intrusion, and loss and/or damage to property C. SPAN OF CONTROL/JURISDICTION: Prevention/ education/ training/ proactive activities will take place at Sweetwater High School, Granger Junior High School, and National City Middle School located in the City of National City. The officers will remain under the direction and control of the National City Police Department. 2015 Agreement City of National City and 8 Sweetwater Union HS District D. RESOURCE: Resource and local management will be coordinated at: Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Chief of Police National City Police Department 1200 National City Boulevard National City, CA 91950 E. COST: One (1) officer will be funded jointly by the National City School District and the Sweetwater Union High School District and one (1) officer will be funded by City of National City Police Department. The Sweetwater Union High School District will contribute to this effort as set forth in Section 4 of the Agreement. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. The total compensation from the DISTRICT to the CITY shall be the flat fee of eighty-four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, and eighty-four thousand dollars ($84,000) for the period of July 1, 2016 through June 30, 2017, upon the mutual extension authorized and executed by the Parties described in section 2 of this Agreement. The District shall pay the City eighty-four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, upon invoicing, following execution of the agreement and ratification by the Board of Trustees. The District shall pay the City eighty-four thousand dollars ($84,000) for the period of July 1, 2016 through June 30, 2017, after the mutual extension is authorized and executed by the Parties described in section 2 of this Agreement and upon invoicing, following execution of the agreement and ratification by the Board of Trustees. 2015 Agreement City of National City and 9 Sweetwater Union HS District RESOLUTION NO. 2016 — 17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM IN WHICH THE SWEETWATER UNION HIGH SCHOOL DISTRICT WILL REIMBURSE THE CITY OF NATIONAL CITY $84,000 FOR FISCAL YEAR 2016 AND $84,000 FOR FISCAL YEAR 2017, FOR A TWO-YEAR TOTAL OF $168,000, 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 Sweetwater Union High School District and the City of National City desire to enter into a one-year Agreement effective and retroactive from July 1, 2015, with an option to extend through June 30, 2017, 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 $84,000 for Fiscal Year 2015 and $84,000 for Fiscal Year 2017, if extended. PASSED and ADOPTED this 16th day of Febru016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk PPROVED . TO- FORM • udia Gacitua .ilva City Attorney Passed and adopted by the Council of the City of National City, California, on February 16, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City C erk of the City of KJational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-17 of the City of National City, California, passed and adopted by the Council of said City on February 16, 2016. City Clerk of the City of National City, California By: Deputy CQ0oy-tia CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2016 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $84,000 for FY2016 and $84,000 for FY2017 by the Sweetwater Union High School District, for a two-year total of $168,000 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 School 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 Sweetwater Union High 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 Mayor to enter into an Agreement with the Sweetwater Union High School District in order to continue to share the costs of the School Resource Officer Program. $82,825 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. z FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 001-11108-3467 Expenditure: 001-411-108-* ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: `1,1/a , 'a Finance APPROVED: MIS FY16 $84,000 / FY17 $84,000 FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement between the City of National City and the Sweetwater Union High School District Exhibit "A" Scope of Services 3. ao%G-�� AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the SWEETWATER UNION HIGH 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 Sweetwater Union High 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, 2016. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". This Agreement may be extended for an additional period of one (1) year upon the written approval of the Parties. The mutual extension may be authorized and executed on behalf of the CITY by Chief of Police, Manuel Rodriguez and on behalf of the DISTRICT by Chief Financial Officer Karen Michel. 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 hereby assigns the Director of Student Support to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. 4. COMPENSATION AND PAYMENT. The total compensation from the DISTRICT to the CITY shall be the flat fee of eighty-four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, and eighty-four thousand dollars ($84,000) for the period of July 1, 2016 through June 30, 2017 upon the mutual extension authorized and executed by the Parties described in section 2 of this Agreement. The District shall pay the City eighty- four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, upon invoicing, following execution of the agreement and ratification by the Board of Trustees. 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. 8. NON-DISCRIMINATION PROVISIONS. The DISTRICT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. 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. 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. 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. 2015 Agreement City of National City and 2 Sweetwater Union HS District 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. 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. 11. WORKERS' COMPENSATION. The DISTRICT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the DISTRICT under this Agreement. 12. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the Parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the Parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the Parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 13. TERMINATION. A. This Agreement may be terminated with or without cause by either Party. Termination without cause shall be effective only upon 60-day's written notice to either Party. During said 60-day period the CITY shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by either Party for cause in the event of a material breach of this Agreement, misrepresentation by the other party in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the Agreement. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the either Party as provided for herein. 20 15 Agreement City of National City and 3 Sweetwater Union HS District 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 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: Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 15. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date 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 2015 Agreement City of National City and 4 Sweetwater Union HS District 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. 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. 2015 Agreement City of National City and 5 Sweetwater Union HS District IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SWEETWATER UNION HIGH SCHOOL DISTRICT By: Ron Morrison, Mayor By: (Name) APPROVED AS TO FORM: (Print) Claudia Gacitua Silva City Attorney APPROVED AS TO FORM: Jennifer Carbuccia (Title) By: (Name) (Print) General Counsel (Title) 2015 Agreement City of National City and 6 Sweetwater Union HS District EXHIBIT A SCOPE OF SERVICES MISSION STATEMENT: It is the mission of the Sweetwater Union High School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community. Police officer availability shall be determined at the sole discretion of the Chief of Police of the National City Police Department. As a result, the Sweetwater union High School District and the City of National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY: 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Develop emergency response procedures; 4. Develop a School Safety Plan; 5. Establish and follow procedures for referring School Resource Officer involvement; and 6. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officers' efforts to work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY: 1. To provide prevention/intervention by: a. Providing a visible uniform police officer presence on the campuses of the Sweetwater Union High School District located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings as available. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. 2015 Agreement City of National City and 7 Sweetwater Union HS District f. Respond to all law enforcement related matters as they occur during regular school hours when available. g. Attend various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is required for any events, activities, meetings, etc., will be paid for by the District per the MOU. h. Documenting all incidents of crime as per Department regulations. i. Assisting with developing and revision school security procedures and emergency response drills. j. Assisting the school's safety committee in developing the School Safety Plan. 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools. 3. Liaison with National City Police Department personnel who are investigating criminal investigations or criminal activity within the affected schools. 4. Continue to work with school staff and District personnel in matters of mutual concern such as: a. Education and Training b. Prevention and intervention in the areas of alcohol and drug use on campus c. Safety of students and staff on campus d. Gang -related violence and crime e. Campus intrusion, and loss and/or damage to property C. SPAN OF CONTROL/JURISDICTION: Prevention/ education/ training/ proactive activities will take place at Sweetwater High School, Granger Junior High School, and National City Middle School located in the City of National City. The officers will remain under the direction and control of the National City Police Department. 2015 Agreement City of National City and 8 Sweetwater Union HS District D. RESOURCE: Resource and local management will be coordinated at: Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Chief of Police National City Police Department 1200 National City Boulevard National City, CA 91950 E. COST: One (1) officer will be funded jointly by the National City School District and the Sweetwater Union High School District and one (1) officer will be funded by City of National City Police Department. The Sweetwater Union High School District will contribute to this effort as set forth in Section 4 of the Agreement. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. The total compensation from the DISTRICT to the CITY shall be the flat fee of eighty-four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, and eighty-four thousand dollars ($84,000) for the period of July 1, 2016 through June 30, 2017, upon the mutual extension authorized and executed by the Parties described in section 2 of this Agreement. The District shall pay the City eighty-four thousand dollars ($84,000) for the period of July 1, 2015 through June 30, 2016, upon invoicing, following execution of the agreement and ratification by the Board of Trustees. The District shall pay the City eighty-four thousand dollars ($84,000) for the period of July 1, 2016 through June 30, 2017, after the mutual extension is authorized and executed by the Parties described in section 2 of this Agreement and upon invoicing, following execution of the agreement and ratification by the Board of Trustees. 2015 Agreement City of National City and 9 Sweetwater Union HS District RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM IN WHICH THE SWEETWATER UNION HIGH SCHOOL DISTRICT WILL REIMBURSE THE CITY OF NATIONAL CITY $84,000 FOR FISCAL YEAR 2016 AND $84,000 FOR FISCAL YEAR 2017, FOR A TWO-YEAR TOTAL OF $168,000, 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 Sweetwater Union High School District and the City of National City desire to enter into a one-year Agreement effective and retroactive from July 1, 2015, with an option to extend through June 30, 2017, 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 $84,000 for Fiscal Year 2015 and $84,000 for Fiscal Year 2017, if extended. PASSED and ADOPTED this 16th day of February, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney