HomeMy WebLinkAboutSweetwater Union High School District - SRO SY 2022-2024AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
SWEETSWEETWATER UNION HIGH SCHOOL DISTRICT
THIS AGREEMENT is entered into on this July 1, 2022, 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. EFFEcnyg_DAITAND LENGTH OF AGREEMENT. This Agreement will
become effective on July 1, 2022, The duration of this Agreement is for the period of July 1, 2022
through June 30, 2024. Completion dates or time durations for specific portions of the project are
set forth in Exhibit "A". This Agreement may be extended by mutual written agreement upon the
same terms and conditions for an additional three (1) year terms. The Parties may exercise up to
three (3), one-year extensions. Any extension of this Agreement must be Board approved and in
writing .g by the Chief of Police, and on behalf of the DISTRICT by Chief Financial Officer Dr.
Jenny S alb el d.
2. $COI'E OF . SERVICES. The CITY and the DISTRICT agree to perform the
services set forth as attached in the Scope of Services, attached as "Exhibit A" hereto,, in
accordance with all terms and conditions contained herein. To the extent that there are any
inconsistencies between the Agreement and "Exhibit A", this Agreement controls.
3. PROJECT COORDINATION AND SUPERVISION. The Community
Services Sergeant hereby is designated as the Project Coordinator for the CITY and will monitor
the progress and execution of this Agreement. The DISTRICT 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 two hundred and three thousand, seven hundred
and sixty-three dollars ($203,763) each year for the period of July 1, 2022 through June 30, 2024,
upon invoicing annually, following execution of the Agreement for 2022-2023 and by July 1, 2023
for the second year and any subsequent year and ratification by the Board of Trustees.
. 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 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.
'. CONTR.OT. 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.
, 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, FRP, and not sharing information obtained
from the DISTRICT with Department of Homeland Security unless required by law or a court of
competent jurisdiction.
9. IC S S -- NITS., T . The CITY and DISTRICT represent and covenant
that it has all licenses, permits, qualifications, and approvals of rhateer 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 OFCAR] The CITY and DISTRICT, in performing any services
ender this Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the Cars and DISTRICT's trade or profession currently
practicing under similar conditions and in similar locations.
11. l N- ISCRLV N TION 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.
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City of National City and
Sweetwater Union }LSD
The Parties will take positive action to insure that applicants are employed without regard to their
age, race, color, ancestry, religion, seq., 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 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. L1NI)JMNIFICATION AMC,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, aid defense costs, of any kind or nature, including workers'
ers'
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, W E_RS' _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,
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City of National City and
Sweetwater Union sn
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
said acts which may be incurred by reason of any work to be performed by the other party under
this Agreement.
16. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or a.y 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 o-days written notice to either Party.
During said -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 days (ten 1 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 l - 3 7
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City of 1ational City aad
Sweetwater nion HSD
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 8 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 rhich, 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 his
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 p .rpoes. 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,
I. Applicable Law, This Agreement shall be governed . by and construed in
accordance with the laws of the State of California.
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City of National City and
Sweetwater Union HSD
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 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
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 vledge and agree that (i) each party is of
equal bargaining strength, GO each party has actively participated in the drafting, preparation and
negotiation of this Agreement, i 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, 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 of National. City and
S e t ratci'Union HSD
IN WITNESS HE E F, the parti s hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY
By:
e j an. a telo is ayor
Date Ratified by City
Council:
APPROVED AS TO FORM:
Charles E. Bell, Jr.
City Attorney
By:
WEETWATER UNUNION HIGH
SCHOOL DISTRICT
By:
,ens S
Chie` rznancial Offic r
S 2�1 404--%
Date Raffled by Governing
Board:
Jennifer Carbuccia
General Counsel
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City oflatioual City amid
Sweetwater Union HS
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 National City Police Department. mpu 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 National City
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. Deyelop procedures to handle campus safety issues;
3. Develop emergency response procedures;
4. Develop a School S a ety Plan;
5. Work with CITY to select any new School Resource Officer being assigned to
DISTRICT;
6. Establish and follow procedures for referring School Resburce Officer
involvement; and
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.
8. Pay the compensation as set forth in section 4 timely upon invoice.
B. NATIONAL CITY'S ROLE AND RESPONISBILITY
1, Provide the services of one fully dedicated School Resources Officer, funded by
the District up to the compensation rate set forth above, which can be located for
the majority of their workday on a District School site if requested by the District.
2. Provide the services of one School Resources Officer who is paid for by the CITY,
whose services will be allocated based on calls for service between DISTRICT and
National. School District.
3. Provide the services a Sargent who will oversee the SRO program and provide the
administrative oversight such as ongoing communications with the
DISTRICT/schools site and coordination with other outside agencies and
specifically work with the District's Safety Director e.g. incident management,
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City of National. City and
Sweetwater Union HSD
threat management, and coordinating aspects within MOU requiring district
standardization and/or approvals).
C. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY
1. To provide prevention/intervention y:
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 (1) 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 jointly -planned DISTRICT community forums
regarding community policing and safety, including review of relevant
school and. community impact data as agreed toy the parties.
e. Attending parent conferences meetings as available
f. Attending Student Attendance Review Board S. 4 . . meetings as
avail al e .
g. Scheduling security activities as needed.
h. Respond to all law enforcement related matters as they occur during
regular school hours when available.
i. 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
j. Documenting all incidents of crime as per National City Police
Department regulations.
i.. Assisting the . school's safety committee in developing the Site's
Comprehensive School Safety Plan.
1. Participate in the review process of DISTRICT protocol within the
Comprehensive School S+a et r Plan.
m. Assist schools in planning and monitoring emergency response drills.
., Comply with all student confidentiality requirements, including the
Family Educational Rights and Privacy Act and related California law.
o. 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.
p. Not enforce immigration laws.
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Sweetwater Union IISD
. 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,
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
b8 Prevention and intervention in the areas of alcohol and drug use o,
campus
o. Safety of students and staff on campus
d, Gang -related violence and crime
e. Campus intrusion, and loss and/or damage to property
. Follow all National City Police Department Policies (DOP) regarding role,
responsibility and officer conduct.
D. 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,
E. 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
12 National City Boulevard
National City, CA. 91950
F. COST INCURRED Y PARTIES: s set forth in Section 4 of this agreement the
DISTRICT shall contribute the amounts agreed to for the purpose of funding one(1)
dedicated officer to the DISTRICT, As part of consideration for this Agreement, the
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City of National City and
Sweetwater Union HSD
DISTRICT acknowledges the CITY funding of a shared officer with National School
District and one 1 Sergeant who oversees the SRO program.
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.
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City of National City and
Sweetwater Union D