HomeMy WebLinkAboutSweetwater Union High School District - SRO SY 2021-2022AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
SWEETWATER UNION HIGH SCHOOL DISTRICT
THIS AGREEMENT is entered into on this August 24, 2021, 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") desires 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.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will
become effective on July I, 2021. The duration of this Agreement is for the period of July I, 2021
through June 30, 2022. Completion dates or time durations for specific portions of the project are
set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same
terms and conditions for an additional one (I) year term. The Parties may exercise up to one (1),
one-year extension. Any extension of this Agreement must be approved in writing by the Chief of
Police, and on behalf of the DISTRICT by Chief Financial Officer Dr, Jenny Salkeld.
2. ,SCOPE OF SERVICES, The CITY and the DISTRICT agree to perform the
services set forth as attached in the SCOPE OF SERVICES, attached as "Exhibit A" hereto, in
accordance with all terms and conditions contained herein. To the extent that there are any
inconsistencies between the Agreement and "Exhibit A", this Agreement controls.
3. PROJECT COORDINATION Ail 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 Chief of
Educational Equity 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 one -hundred -five -thousand dollars ($105,000) for
the period of July I, 2021 through June 30, 2022 ., 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. 1NDF,PF,NDENT 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 ventures 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. CQNTROL, Neither the DISTRICT nor its officers, agents, or employees shall
have any control over the conduct of the CITY or any of the CITY'S employees, except as herein
set forth, and the CITY or the CITY'S agents, servants, or employees are not in any manner agents,
servants, or employees of the DISTRICT, it being understood that the CITY its agents, servants,
and employees are as to the DISTRICT wholly independent, and that the CITY'S obligations to
the DISTRICT are solely such as are prescribed by this Agreement.
8. COMPLIANCE WITH APPLICABLE LAW, The CITY AND DISTRICT, in
the performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the CITY
whether now in force or subsequently enacted. Similarly, the CITY shall commit to complying the
DISTRICT board policies regarding confidentiality, FERPA, and not sharing information obtained
from the DISTRICT with Department of Homeland Security unless required by law or a court of
competent jurisdiction.
9. j.ICENSES. PERMITS. ETC. The CITY and DISTRICT represent and covenant
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CITY and DISTRICT represent and covenant that the
DISTRICT shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement, any license, permit, or approval which is legally required for the CITY or DISTRICT
to practice its profession.
10. STANDARD OF CARE, The CITY and DISTRICT, in performing any services
under this Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CITY'S and DISTRICT'S trade or profession currently
practicing under similar conditions and in similar locations.
11. NON-DISCRIMINATION PROVISIONS. The Parties 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 Parties 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
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City of National City and
Sweetwater Union HSD
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 Parties agrees to post in conspicuous places available to employees and
applicants for employment any notices provided by the CITY or DISTRICT setting forth the
provisions of this non-discrimination clause.
12. CONFIDENTIAL INFORMATION, The Parties may from time to time
communicate between or amongst each other, or be in possession of, certain confidential
information. Parties agree to comply with all student confidentiality requirements, including the
Family Educational Rights and Privacy Act (FERPA) and related California law. Such confidential
information shall not be disclosed unless required 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. The Parties are each subject to the
Public Records Act and this provision is not intended to impede or impair the requirements or
obligations under that Act.
13. NO INDEPENDENT BASIS FOR LIABILITY. Nothing herein shall create, by
this or other understanding between the parties, an independent basis for liability of the CITY to
either the DISTRICT or to a third party for failing to respond or for responding to a call for police
services in a dilatory or negligent manner. The CITY'S liability, if any it may have, shall be that
as determined by law without regard to the existence of this Agreement.
14. INDEMNIFICATION AND HOLD HARMLESS. The CITY and DISTRICT
agrees to defend, indemnify and hold harmless the other party, its officers, officials, agents,
employees, and volunteers against and from any and all liability, loss, damages to property, injuries
to, or death of any person or persons, and all claims, demands, suits, actions, proceedings,
reasonable attorneys' fees, and defense costs, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, resulting from or arising out of the other
party's performance or other obligations under this Agreement; provided, however, that this
indemnification and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the other party, its agents, officers, employees
or volunteers. Parties will cooperate reasonably in the defense of any action, and both parties shall
employ competent counsel, reasonably acceptable to the other party.
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.
15. WORKERS' COMPENSATION. The Parties 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 other party and its officers, employees, and volunteers from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description,
including reasonable attorney's fees and defense costs presented, brought or recovered against the
other party or its officers, employees, or volunteers, for or on account of any liability under any of
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City ofNational City and
Sweetwater Union USD
said acts which may be incurred by reason of any work to be performed by the other party under
this Agreement.
16. J,EGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award.
17. 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 either 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 either Party as provided for herein.
18. NOTICES% All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
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 (I 0) 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
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City ofNational City and
Sweetwater Union }ISD
Sweetwater Union High School District
1130 Fifth Avenue
Chula Vista, CA. 9191 i-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.
19. MISCELLANEOUS PROVISIONS,
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules,
or provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. DISTRICT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. 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.
1. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
J. 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.
K. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
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City °NNational City and
Sweetwater Union HSD
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.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
M. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
[END OF AGREEMENT -SIGNATURES APPEAR ON NEXT PAGE)
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City ofNational City and
Sweetwater Union HSD
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL
By:
Alejandra ":'' o-Solis, Mayor
Date Ratified by City Council:
9' 2/.. 202.f
APPROVED AS TO FORM:
Charles E. Bell, Jr.
City Attorney
By:
SWEETWATER UNION HIGH
SCHOOL DISTR! T
By
re
Moises G. Aguirre
Superintendent
Date Ratified by Governing Board:
rt>� - 23, z021
Jennifer Carbuccia
General Counsel
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City ofNational City and
Sweetwater Union RSD
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
I. 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. Work with CITY to select any new School Resource Officer being assigned to
DISTRICT;
6. Establish and follow procedures for referring School Resource Officer
involvement; and
7. 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
I. To provide prevention/intervention by:
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City of National City and
Sweetwater Union HSD
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. Hold at least one (I) jointly -planned DISTRICT student forum regarding
the role of school policing, including review of relevant DISTRICT
impact data as agreed to by the parties.
d. Hold at least two (2) jointly -planned DISTRICT community forums
regarding community policing and safety, including review of relevant
school and community impact data as agreed to by the parties.
e. Attending parent conferences/meetings as available
f. Attending Student Attendance Review Board (S.A.R.B.) meetings as
available.
g. Scheduling security activities as needed.
h. Respond to all law enforcement related matters as they occur during
regular school hours when available.
1. 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
J. Documenting all incidents of crime as per Department regulations.
k. Assisting with developing and revising school security procedures and
emergency response drills.
I. Assisting the school's safety committee in developing the School Safety
Plan.
m. Comply with all student confidentiality requirements, including the
Family Educational Rights and Privacy Act and related California law.
n. Treat all individuals with fairness, respect and dignity in equally enforcing
the laws and providing equal service to the public, regardless of
immigration status, race, ethnicity, gender, religious beliefs or any other
protected class.
o. Not enforce immigration laws.
p. Not gather, share or distribute any information related to any student's (or
student's family members) immigration status for the purposes of
immigration enforcement.
2. To continue to work with:
a. Community agencies; and
b. Parent/teacher groups as needed throughout the affected schools.
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City ofNational City and
Sweetwater Union USD
3. Liaison with National City Police Department personnel who are investigating
criminal cases/reports 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
5. Follow all Police Department Policies (DOP) regarding role, responsibility and
officer conduct.
C. SPAN OF CONTROL/JURISDICTION: Prevention, education, training and 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.
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. 9I950
E. COST: One (I) officer will be funded jointly by the National City School District and the
Sweetwater Union High School District and one (I) officer will be funded by the City of
National City (Police Department).
The Sweetwater Union High School District will contribute to this effort as set forth in
Section 4 of this 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 one -
hundred -five -thousand dollars ($105,000 out of the total cost of an officer salary plus
benefits: $192, 798) for the period of July 1, 2021 through June 30, 2022, upon invoicing,
following execution of the agreement and ratification by the Board.
Page 10 of 11 Ci of Natio al C d
Sweetwater Union IISD
RESOLUTION NO, 2021 —134
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, RATIFYING AN AGREEMENT AND AUTHORIZING THE MAYOR TO
EXECUTE THE RATIFIED AGREEMENT WITH THE SWEETWATER UNION HIGH
SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE
OFFICER PROGRAM WITH A $105,000 REIMBURSEMENT TO THE CITY OF
NATIONAL CITY FOR FISCAL YEAR 2022
WHEREAS, the City of National City ("City") Police Department currently assigns two
Police Officers as School Resource Officers ("SROs"); and
WHEREAS, SROs provide specialized campus security and general law enforcement
services to the Sweetwater Union High School District; and
WHEREAS, agreements between the City and the Sweetwater Union High School
District fund the salaries and benefits for the SROs; and
WHEREAS, this Agreement with the Sweetwater Union High School District will be
retroactive to July 1, 2021, and extends through June 30, 2022; and
WHEREAS, approval and ratification of the Sweetwater Union High School District
Agreement allows the City to continue sharing the costs of the School Resource Officer
Program with the Sweetwater Union High School District; and
WHEREAS, upon approval and ratification of this Agreement, the Sweetwater Union
High School District will reimburse $105,000.00 for Fiscal Year 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes the Mayor to execute an Agreement with the Sweetwater
Union High School District for Fiscal Year 2022 with a reimbursement to the City $105,000.
Section 2: The City Clerk shall certify the passage and adoption of this Resolution
and enter it into the book of original Resolution.
PASSED and ADOPTED this 21st day of September, 2021
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molina, city Clerk
APPROVED AS TO FORM:
Charles E. Bell., City Attor
Passed and adopted by the City Council of the City of National City, California, on
September 21, 2021, by the following vote, to -wit
Ayes: Sotelo-Solis, Rodriguez, Bush, Morrison, Rios.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, Cafifornia
LUZ MOLINA
City Clerk of the City of National City, California
BY: 1J ° t�
Shelley Chape , M
Deputy ity Clerk
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2021-134 of the City of National City, California, passed and
adopted by the City Council of said City on September 21, 2021.
, Molinait
Luz ?ity Clerk