HomeMy WebLinkAbout2020 CON National School District - safe, secure, and orderly teaching and learning enviroment for all students and staffAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY AND
NATIONAL SCHOOL DISTRICT
THIS AGREEMENT ("Agreement") is entered into on this 1st day of July, 2020
("Execution Date"), by and between the CITY OF NATIONAL CITY, a municipal corporation
(the "CITY"), on behalf of and in concert with THE NATIONAL CITY POLICE DEPARTMENT
("NCPD"), and the NATIONAL SCHOOL DISTRICT, a school district duly organized and
validly existing under the laws of the State of California (hereinafter the "DISTRICT"). The CITY
and the DISTRICT may be individually referred to herein as a "Party" or may be collectively
referred to herein as the "Parties."
RECITALS
WHEREAS, the Parties desire to provide a safe, secure, and orderly teaching and learning
environment for all students and staff within the DISTRICT and the CITY through the protection
of 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, in consideration of the agreements and covenants contained in this
Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto do mutually agree as follows:
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall
become effective on the date of approval of this Agreement by the DISTRICT' s Governing Board
("Board") ("Effective Date"). The duration of this Agreement is for the period from the Effective
Date through June 30, 2021 ("Term"), unless terminated earlier as provided herein. Completion
dates or time durations for specific portions of the project are set forth in the SCOPE OF
SERVICES AND PAYMENT, attached hereto as Exhibit "A" and incorporated herein by
reference.
1.1 This Agreement may be extended, upon the same terms and conditions, for
one (1) additional one (1) year term, only by a document in writing executed by both Parties. If
such extension is entered, such extension term would be for the period of July 1, 2020 through
June 30, 2021 ("Extension Term").
2. SCOPE OF SERVICES. The Parties agree to perform the services set forth in
Exhibit "A", in accordance with all terms and conditions contained herein.
3. PURPOSE AND OBJECTIVES OF THE SRO PROGRAM. The mission of
the School Resource Officer ("SRO") program is to create and maintain a safe, secure, and orderly
teaching and learning environment for all District students and staff. In achieving this mission,
the SRO program will focus on the reduction and prevention of school -related violence and crime
committed by juveniles and young adults. This is accomplished by assigning an SRO employed
by the NCPD to monitor and police the facilities of the District during the Term of this Agreement,
as described herein and within Exhibit "A".
4. 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.
5. COMPENSATION AND PAYMENT.
5.1 The total compensation from the DISTRICT to the CITY shall be a flat fee
of Seventy -Seven Thousand Sixty -Eight Dollars for the period of July 1, 2020 through June30,
2021.
6. ACCEPTABILITY OF WORK. Either Party may request an informal meeting
to discuss any concern regarding compliance with a Party's respective role(s) listed in Exhibit "A".
To the extent reasonably possible, Parties agree in good faith to conduct such meeting no later than
ten (10) business days after said request.
7. 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.
8. CONTROL.
8.1 Neither the DISTRICT nor its Board, officers, agents, employees, consultants,
or representatives shall have any control over the conduct of the CITY or any of the CITY's
officers, agents, or employees, except as herein set forth or as otherwise required by law, and the
CITY or the CITY's officers, agents, or employees are not in any manner officers, agents, or
employees of the DISTRICT, it being understood that the CITY, its officers, agents, 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.
8.2 Neither the CITY nor its officers, agents, or employees shall have any
control over the conduct of the DISTRICT or any of the DISTRICT's Board, officers, agents,
employees, consultants, or representatives, except as herein set forth or as otherwise required by
law, and the DISTRICT or the DISTRICT's Board, officers, agents, employees, consultants, or
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representatives are not in any manner officers, agents, or employees of the CITY, it being
understood that the DISTRICT, its Board, officers, agents, employees, consultants, and
representatives are as to the CITY wholly independent, and that the DISTRICT's obligations to
the CITY are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW.
9.1 The DISTRICT, and its respective employees, contractors, consultants, and
subcontractors bound by or acting pursuant to this Agreement, in the performance of the services
to be provided herein, shall comply with all applicable local, state and federal statutes and
regulations, and all applicable ordinances, rules, and regulations of the CITY, whether now in
force or subsequently enacted.
9.2 The CITY, and its respective employees, contractors, consultants, and
subcontractors bound by or acting pursuant to this Agreement, in the performance of the services
to be provided herein, shall comply with all applicable local, state, and federal statutes and
regulations, and all applicable ordinances, rules, and regulations of the DISTRICT, whether now
in force or subsequently enacted.
10. LICENSES, PERMITS, ETC. Each Party represents and covenants that it and its
respective employees, contractors, consultants, and subcontractors bound by or acting pursuant to
this Agreement have all licenses, permits, qualifications, and approvals of whatever nature that are
legally required to practice its respective profession. Each Party represents and covenants that it
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 it to practice its profession.
11. STANDARD OF CARE.
11.1 The DISTRICT, and its respective employees, contractors, consultants, and
subcontractors, 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.
11.2 The CITY, and its respective employees, contractors, consultants, and
subcontractors, 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.
12. NON-DISCRIMINATION PROVISIONS.
12.1 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
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to ensure 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 legally
required notices to such effect.
12.2 The CITY 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 CITY will take positive action to
ensure 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 CITY agrees to post in
conspicuous places available to employees and applicants for employment any legally required
notices to such effect.
13. CONFIDENTIAL INFORMATION.
13.1 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.
13.2 DISTRICT believes, and by ratifying this Agreement determines, that
providing safe school sites for children to learn is a legitimate educational interest. Thus, if and
only if it is required to provide for the safety and security of school sites, the SRO may have direct
access to student records, as authorized by 34 Code of Federal Regulations part 99.31(a)(1)(i)(A)-
(B). In accordance with the statute, SRO shall be under the direct control of the DISTRICT with
respect to the use and maintenance of education records and shall be subject to the re -disclosure
requirements of 34 Code of Federal Regulations part 99.33. The assigned SRO shall sign an
acknowledgment of these conditions, substantially in the form of the Use of Educational Records
Form, attached hereto as Exhibit "B" and incorporated herein by reference, prior to the start of his
or her assignment. Without limiting its applicability in any way, the Parties specifically
acknowledge that the indemnity, defense, and hold harmless provisions of Section 16 to this
Agreement shall apply to student record access under this Section.
14. NO INDEPENDENT BASIS FOR LIABILITY.
14.1 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
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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.
14.2 Nothing herein shall create, by this or other understanding between the
Parties, an independent basis for liability of the DISTRICT to either the CITY 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 DISTRICT's liability, if any it may have, shall be that as determined by law without
regard to the existence of this Agreement.
15. INDEMNIFICATION AND HOLD HARMLESS.
15.1 Notwithstanding any other provision of this Agreement, DISTRICT agrees
to indemnify, defend, and hold CITY, its officers, officials, agents, employees, and volunteers free
and harmless against and from any and all claims, demands, suits, actions, causes of action,
proceedings, liability, loss, costs, expenses, damages or injuries, in law or equity, regardless of
whether the allegations are false, fraudulent, or groundless, to property or persons, including
wrongful death, to the extent arising out of or incident to any act, omission, breach or willful
conduct of DISTRICT, its Board, officers, agents, employees, consultants, and representatives
arising out of or in connection with the performance of this Agreement, including, without
limitation, the payment of all consequential damages and attorneys' fees and other related costs
and expenses, excepting only liability arising out of the sole negligence or willful misconduct of
the CITY. If obligated to indemnify, defend, or hold harmless CITY under this Agreement,
DISTRICT shall reimburse CITY for all costs, attorneys' fees, expenses and liabilities associated
with any resulting legal action. DISTRICT shall seek CITY's approval of any settlement that
could adversely affect CITY, its officers, officials, agents or employees.
15.2 Notwithstanding any other provision of this Agreement, CITY agrees to
indemnify, defend, and hold DISTRICT, its Board, officers, agents, employees, consultants, and
representatives free and harmless against and from any and all claims, demands, suits, actions,
causes of action, proceedings, liability, loss, costs, expenses, damages or injuries, in law or equity,
regardless of whether the allegations are false, fraudulent, or groundless, to property or persons,
including wrongful death, to the extent arising out of or incident to any act, omission, breach or
willful conduct of CITY, its officers, officials, agents, employees, and volunteers arising out of or
in connection with the performance of this Agreement, including, without limitation, the payment
of all consequential damages and attorneys' fees and other related costs and expenses, excepting
only liability arising out of the sole negligence or willful misconduct of DISTRICT. If obligated
to indemnify, defend, or hold harmless DISTRICT under this Agreement, CITY shall reimburse
DISTRICT for all costs, attorneys' 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 Board, officers, agents, employees, consultants, and representatives.
15.3 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.
16. INSURANCE.
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Each Party, at its sole cost and expense and for the full Term of this Agreement shall obtain
and maintain at least all of the following minimum insurance requirements. All or a portion of the
required insurance may be satisfied through the use of a self-insurance program or pooled
insurance, if any. The Parties must provide an affidavit of self-insurance, or pooled insurance if
any.
16.1 Comprehensive General Liability. A policy with a minimum limit of not
less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury
and property damage, providing at least all of the following minimum coverages:
Premises Operations
Blanket Contractual
Personal Injury
16.2 Workers' Compensation and Employers' Liability. A policy written in
accordance with the laws of the State of California and providing coverage for any and all
employees of the Party.
This policy shall provide coverage for Workers' Compensation (Coverage
A) with statutory limits.
This policy shall also provide coverage of One Million Dollars ($1,000,000)
Employers' Liability (Coverage B).
16.3 Comprehensive Business Auto. A policy with a minimum of not less than
Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury and
property damage. Coverage shall be applicable (without deductibles) to any and all leased, owned,
hired, or non -owned vehicles used in pursuit of any of the activities associated with this
Agreement.
16.4 Special Provisions. The foregoing requirements as to the types and limits
of insurance coverage are to be maintained by the Parties, and any approval of said insurance by
the other Party, or its insurance consultants, are not intended to and shall not in any manner limit
or qualify the liabilities and obligations otherwise assumed by each ,Party pursuant to this
Agreement, including, but not limited to, the provisions concerning indemnification.
Both Parties, prior to the commencement of this Agreement, shall provide the other Party
with an insurance endorsement naming the other Party, its elected officials, employees, and agents
additional insureds on the General Liability Policy. Those Parties that provide coverage through
a Joint Powers Polling Authority shall provide evidence naming the other Party as an additional
covered Party in lieu of providing an additional insured endorsement.
17. 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
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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.
17.1 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 shall, in addition, be limited to the amount of attorney's fees incurred by the other
Party in its prosecution or defense of the action, irrespective of the actual amount of attorney's
fees incurred by the prevailing party.
18. TERMINATION. This Agreement may be terminated by either Party, with or
without cause, upon thirty (30) business days' written notice to the other Party.
19. NOTICES. All notices, consent, or other communications required or permitted
hereunder shall be in writing, and may be personally delivered; sent by overnight mail (Federal
Express or the like); sent by registered or certified mail, postage prepaid, return receipt requested;
sent by ordinary mail, postage prepaid; telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax. Such notices, consent, or other communications 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
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cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter
mailed or delivered as specified in this Section.
20. MISCELLANEOUS PROVISIONS.
20.1 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, legal, or DISTRICT 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, legal, or DISTRICT holiday.
20.2 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.
20.3 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.
20.4 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.
20.5 Exhibits. The Exhibits attached hereto are hereby incorporated herein by
this reference for all purposes. To the extent any exhibits 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.
20.6 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.
20.7 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.
20.8 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
20.9 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.
20.10 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.
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20.11 Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the Parties hereto.
20.12 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.
20.13 Severability. In the event any provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, or is otherwise inconsistent
with applicable law, then, upon the request of either Party, the Parties shall promptly meet and
confer to determine how to amend the affected term or terms of this Agreement in a manner
consistent with the applicable law, but, in any event, all parts of this Agreement not affected shall
remain in full force and effect.
20.14 Authority. The person signing this Agreement for the DISTRICT hereby
represents and warrants that he or she is fully authorized to sign this Agreement on behalf of the
DISTRICT. The person signing this Agreement for the CITY hereby represents and warrants that
he or she is fully authorized to sign this Agreement on behalf of the CITY.
[Signature Page to Follow]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
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City of National City and
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CITY OF NATIONAL
NATIONAL SCHOOL DISTRICT
By: Irk 1111I'174tt}} eiti
By: / V// dr/� iQ (Name) 00
Alejana Sotelo Solis, yor
APPROVED AS TO FORM:
Charles E. Bell Jr.
City Attorney
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[Dr. Leighangela Brady/
(Print)
;Superintendent:
(Title)
:Board Approved 5/27/2020
City of National City and
National School District
EXHIBIT "A"
1. SCOPE OF SERVICES AND PAYMENT
MISSION STATEMENT: It is the mission of the National School District ("DISTRICT") and
the City of National City ("CITY"), on behalf of and in concert with the National City Police
Department ("NCPD"), to provide a safe, secure, orderly teaching and learning environment for
all students and staff within the DISTRICT and the City through the protection of life and property.
The City and the DISTRICT may be individually referred to herein as a "Party" or may be
collectively referred to herein as the "Parties."
Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse,
criminal acts, and traffic violations in CITY are priorities to both the DISTRICT and the NCPD.
Both the DISTRICT and the NCPD believe that campus security is enhanced by the presence of
police officers and that police officers on campus also help improve relations between the NCPD
and youth in our community.
The DISTRICT and the NCPD agree to work together to provide the presence of a uniformed
police officer as a School Resource Officer ("SRO") on DISTRICT's school campus(es) to help
maintain a secure environment in and around DISTRICT's schools.
The DISTRICT and the NCPD agree to annually work together to monitor calls for service on
school campuses, as well as around school campuses during school hours when the calls are
deemed to be a concern or threat to the students, staff, or school property. The calls for service
data may be used to assist in determining the ongoing value of the SRO program to both Parties.
To this end, the Parties agree to the following respective roles and responsibilities pursuant to the
Agreement:
ROLE OF THE NATIONAL SCHOOL DISTRICT: The DISTRICT agrees to:
1. Coordinate scheduling with the SRO and the assigned NCPD supervisor.
2. Schedule annual safety orientation meetings at all schools for stakeholders.
3. Schedule annual safety orientation parent meetings at all schools.
4. Provide adequate space for the SRO to carry out non -classroom duties.
5. Provide regular feedback to the law enforcement agency concerning the performance of
the SRO.
6. Permit the SRO 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.
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National School District
8. To the extent DISTRICT has actual knowledge, report all criminal activity occurring on or
about school campuses and all criminal activity involving students to the NCPD.
9. DISTRICT shall comply with the notification and other requirements of Education Code
section 48902, which provides:
(a) The principal of a school or the principal's designee shall, before the suspension or
expulsion of any pupil, notify the appropriate law enforcement authorities of the
county or city in which the school is situated, of any acts of the pupil that may
violate Section 245 of the Penal Code.
(b) The principal of a school or the principal's designee shall, within one school day
after suspension or expulsion of any pupil, notify, by telephone or any other
appropriate method chosen by the school, the appropriate law enforcement
authorities of the county or the school DISTRICT in which the school is situated of
any acts of the pupil that may violate subdivision (c) or (d) of Section 48900.
(c) Notwithstanding subdivision (b), the principal of a school or the principal's
designee shall notify the appropriate law enforcement authorities of the county or
city in which the school is located of any acts of a pupil that may involve the
possession or sale of narcotics or of a controlled substance or a violation of Section
626.9 or 626.10 of the Penal Code. The principal of a school or the principal's
designee shall report any act specified in paragraph (1) or (5) of subdivision (c) of
Section 48915 committed by a pupil or nonpupil on a schoolsite to the city police
or county sheriff with jurisdiction over the school and the school security
department or the school police department, as applicable.
(d) A principal, the principal's designee, or any other person reporting a known or
suspected act described in subdivision (a) or (b) is not civilly or criminally liable
as a result of making any report authorized by this article unless it can be proven
that a false report was made and that the person knew the report was false or the
report was made with reckless disregard for the truth or falsity of the report.
(e) The principal of a school or the principal's designee reporting a criminal act
committed by a schoolage individual with exceptional needs, as defined in Section
56026, shall ensure that copies of the special education and disciplinary records of
the pupil are transmitted, as described in Section 1415(k)(6) of Title 20 of the
United States Code, for consideration by the appropriate authorities to whom he or
she reports the criminal act. Any copies of the pupil's special education and
disciplinary records may be transmitted only to the extent permissible under the
federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g et
seq.)
If notification is provided as discussed above, and no juvenile or criminal charges
are to be filed and no administrative action is to be taken by the school
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administration/DISTRICT office, the contraband shall be confiscated by the SRO
according to NCPD policy and properly disposed of.
10. Develop procedures to handle campus safety issues.
11. Establish and follow procedures for referring police involvement.
12. Abstain from calling upon the SRO for enforcement duties while they are involved in
classroom presentations except in emergencies.
13. Remit payment to the CITY for the Term, pursuant to the following terms:
(a) The total compensation from the DISTRICT to the CITY shall be the flat
fee of seventy-seven thousand six -eight dollars ($77,068.00) for a period of July
1, 2020 through June 30, 2021, upon invoicing, following the agreement and
ratification by the Board of Trustees. The Agreement may be extended by mutual
agreement upon the same terms and conditions. The parties may exercise up to
one(I), one year extension. Any extension of this Agreement must be approved in
writing by the Chief of Police, and the DISTRICT.
(b) Each invoice shall provide a detailed summary by school site of services provided
by the SRO pursuant to the Agreement and shall contain an invoice number. All
uncontested invoices shall be paid, payable to the NCPD, within thirty (30) days
after receipt of invoice at the required DISTRICT address provided in Section 20
of the Agreement. Payment shall not forfeit the DISTRICT's right to inspect the
invoice documentation, nor shall the withholding of any payment or prorated
portion thereof preclude the DISTRICT from pursuing any other rights or remedies
it may have under the invoice. The total combined amount for the First Payment
Term invoice and Second Payment Term invoice shall not exceed the NTE Amount
for the Term.
14. In the event that the Parties mutually agree to an extension in accordance with the
Agreement ("Extension Term"), DISTRICT shall remit payment for the Extension Term,
pursuant to the following terms:
(a) The total compensation from the DISTRICT to the CITY for the Extension Term
is not -to -exceed seventy-seven thousand sixty-eight dollars ($77,068.00)
("Extension NTE Amount"). This amount is to offset the cost approximately equal
to one hundred percent (100%) of the annual salary and benefits for one (1)
National City Police Officer at E-Step for the Extension Term.
(b) During the Extension Term, for each month during which CITY or NCPD has
assigned and provided to the DISTRICT an officer to serve as an SRO in
accordance with the Agreement and upon which said SRO has regularly performed
services pursuant to the Agreement at DISTRICT's school site(s) in accordance
with this Agreement, the CITY or NCPD shall provide the DISTRICT with a
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monthly invoice on the first (1st) day of the following month. Each monthly
invoice shall provide a detailed summary by school site of services provided by the
SRO pursuant to the Agreement. CITY shall ensure that an invoice number is
entered on all invoices submitted for payment. The total combined amount for all
CITY invoices shall not exceed the Extension NTE Amount for the Extension
Term. All uncontested invoices shall be paid, payable to the NCPD, within thirty
(30) days after receipt of invoice at the required DISTRICT address provided in
Section 20 of the Agreement. Payment shall not forfeit the DISTRICT's right to
inspect the invoice documentation, nor shall the withholding of any payment or
prorated portion thereof preclude the DISTRICT from pursuing any other rights or
remedies it may have under the invoice.
15. Coordinate with the NCPD, 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: The NCPD shall provide the
following services:
1. Assign a uniformed police officer as the SRO through shared mutual agreements with the
DISTRICT and the SUHSD from July 1, 2020 through June 30, 2021.
• The shared SRO shall be responsible for providing law services to both DISTRICT and
the SUHSD.
2. Assign a uniformed police officer as the SRO to primarily focus on serving DISTRICT
schools beginning July 1, 2020 through June 30, 2021.
3, Assign the SRO to liaison with the school campuses of the DISTRICT with the purpose of
being engaged in the following duties:
• Coordinate with DISTRICT to ensure annual training for teachers and other school staff
on law enforcement and campus security issues.
• Serve as a member of the DISTRICT's Student Attendance Review Board ("SARB").
• Provide general law enforcement duties focusing on:
o Safety of students and staff on campus
o Gang related violence and crime
o Campus intrusion
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o Loss and/or damage to property
o Weapons on campus
o Alcohol and drugs on campus
o Truancy
o Traffic Safety
4. Ensure that the officer assigned as the SRO receives all required training and any additional
training deemed beneficial to their tasks.
5. Designate a member of the police staff to regularly meet with DISTRICT's staff to evaluate
program needs, upon DISTRICT's request.
6. Ensure the SRO will be afforded ample time to engage in informal interaction with the
students.
7. Abstain from having the SRO perform enforcement duties during time scheduled for
classroom presentations, except in cases of emergency, or cases of urgency determined by
the Chief of Police of his designee.
8. Pay the agreed upon monies toward the salary and benefits for the police officer assigned
as the SRO.
9. Agree that the day-to-day operation and administrative control of the SRO and SRO
program shall be the responsibility of the NCPD. Responsibility for the conduct of the
SRO, both personally and professional, shall remain solely with the NCPD. The SRO is
employed and retained by the NCPD, and in no event shall the SRO be considered an
employee of the DISTRICT.
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. The SRO
shall do the following:
I. Enforce criminal law and protect the students, staff, and public at large against criminal
activity. The SRO shall follow the chain of command as set forth in the policy manual of
the NCPD. School authorities and the parents of any child involved shall be notified as
quickly as possible when the SRO takes any direct law enforcement action involving a
student, on -campus or off -campus, during school hours.
2. Complete reports and investigate crimes committed on campus.
3. Coordinate, whenever practical, investigative procedures between law enforcement and
school administrators. The SRO shall abide by all applicable legal requirements
concerning interviews or searches, should it become necessary to conduct formal law
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enforcement interviews or searches with students or staff on school property or at school
functions under the jurisdiction of the DISTRICT. The SRO will not be involved in
searches conducted by DISTRICT's personnel unless a criminal act is involved or unless
DISTRICT's personnel requires the assistance of the SRO because of exigent
circumstances, such as the need for safety or to prevent flight. Formal investigations and
arrests by law enforcement officials will be conducted in accordance with applicable legal
requirements.
4. Take appropriate enforcement action on criminal matters as necessary. The SRO shall,
whenever practical, advise the principal before requesting additional law enforcement
assistance on campus and shall inform the principal of any additional law enforcement
responsibilities that may need to be undertaken.
5. Comply with all laws, regulations, policies of the NCPD, and DISTRICT's Governing
Board ("Board") policies, including but not limited to laws, regulations, and policies
regarding access to confidential student records and/or the detention, investigation, and
searching of students on school premises, provided that the SRO shall under no
circumstances be required or expected to act or behave in a manner inconsistent with their
duties as law enforcement officers.
6. Attend the DISTRICT's SARB Hearings at NCPD.
7. Attend site -based SARB meetings as requested.
8. Issue citations to parents for violations of the SARB contract.
9. Coordinate, train and inspect individual Safety Patrols as requested.
10. Provide parent education/presentations to parent groups, upon DISTRICT's request.
11. Attend meetings and facilitate participation for the San Diego Law Enforcement Teddy
Bear Drive.
12. As available, provide education related to criminal law and drug awareness to middle and
high school students, upon DISTRICT's request.
13. Teach narcotics awareness at DISTRICT's Parent/Teacher Association meetings and
student classrooms/assemblies, upon DISTRICT's request.
14. Facilitate NCPD participation and pin sales for Shop with a Cop event.
15. Facilitate the Padre Law Enforcement Day Program for NCPD and CITY employees.
16. Inspect and approve individual school safety plans for elementary and secondary schools.
Confer with the school site principal and DISTRICT administrators to develop plans and
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strategies to prevent and/or minimize situations on or near DISTRICT's campus(es) or
involving students at school -related activities.
17. Participate in the NCPD 290 (Sex Crime Registrant) Compliance Inspections, to the extent
expressly permitted by law.
18. Conduct juvenile warrant sweeps, to the extent expressly permitted by law.
19. Attend various school events and fairs as requested. If the SRO attends such school events
or fairs and there are overtime costs, DISTRICT shall be liable for such overtime cots only
if the DISTRICT has given prior written approval.
20. Enforce the San Diego County Daytime Loitering within CITY limits.
21. Attend school based disciplinary hearings and intervention programs.
22. Participate in multi -agency Truancy/Daytime Loitering Sweeps within the CITY limits, to
the extent expressly permitted by law.
23. Follow all Police Department Policies (DOP) regarding role, responsibility and officer
conduct.
24. Be familiar with all community agencies offering assistance to youths and their families,
such as mental health clinics and drug treatment centers, and, in consultation with school
administration, may make referrals when appropriate.
25. It is the responsibility of the SRO to report work schedule conflicts to the DISTRICT.
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EXHIBIT "B"
2. USE OF EDUCATIONAL RECORDS FORM
I, [Name] , was assigned as a School Resource Officer at National School District on
[Name]
By signing below, I confirm that:
(1) I will access educational records in my capacity as a School Resource Officer at
National School District if any only if it is required to provide for the safety and security
of school sites.
(2) I understand and agree that the National School District shall have direct control of
my use and maintenance of such educational records.
(3) I understand that I may only use the information for the purpose which disclosure
was made and that I will comply with the re -disclosure requirements set forth under 34
Code of Federal Regulations part 99.33.
(4) I have bad sufficient time to review this Acknowledgement and fully understand its
contents.
Print Name
Signature Date
151-5/4542377.1
15 I -5/4542377.2
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