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Home My WebLink About13. Auth CM Approve Agmt w-DUSD - School Resource Officer Svcs for Police on Campus ProgItem No. A P P, R U V F-- D B y CITY MANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY: DEAN R. MILLIGAN, CHIEF OF POLICE DATE: AUGUST 13, 2019 SUBJECT: AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES FOR THE POLICE ON CAMPUS PROGRAM RECOMMENDATION That the City Council authorize the City Manager to approve an Agreement between the City of Downey and The Downey Unified School District for School Resource Officer Services for the Police on Campus Program. The Downey Inified School District ("District") has approached the City of Downey ("City") to provide three police officers, on an overtime basis, to serve as School Resource Officers (SROs) at each of the following schools: Downey High School, Warren High School, and Columbus High School in connection with the District's Police on Campus Program for the academic year 2019-20. The City and the District received grant funding from "Gangs Out of Downey" (GOOD) in the amount of $12,500. The City and the District contemplate using this grant funding to pay the initial costs of the SROs, and thereafter, the District will pay the City the costs of the SROs for the balance of the academic year. Efficiency & Adaptability 1; ,.-ualitW of Lft Infrastructur- • l Public Engagement FISCAL IMPACT There is no fiscal impact to the City. The $12,500 GOOD Grant will pay for the initial costs of the SROs, and once the funds are fully expended, the District will be invoiced by the City for the cost of the SROs for the balance of the academic year. ATTACHMENT Attachment A - Agreement • r• • •• • • • This Agreement for School Resource Officer Services for the Police On Campus Program ("Agreement") is entered into this 13th day of August, 2019, by and between the City of Downey, a municipal corporation and charter city ("CITY") and the Downey Unified School District, a public body corporate ("DISTRICT"), hereinafter referred to jointly as the "Parties". DISTRICT wishes to engage th- CITY to provide sch resource •'I - - Downey •'School,- •; School,and Columbus H• ••l in connection with the 't Police on Campus Program for the academic year 2019-20; and ES, CITY possesses the special experience, knowledge and expertise necessary to provide school resource officer services, and desires to provide said services to DISTRICT pursuant to the terms and conditions as set forth in this Agreement; and WHEREAS, the CITY r DISTRICT received grant funding from"Gangs Out of Downey" ••it and the Partiesdesire to use these grant• for initial costs of the school resource officer services as set forth in this Agreement. .111 •11• ' • i '' • -- • • Section 1. Scope of Services. CITY shall provide to DISTRICT the Scope of Services as described in Exhibit "A", attached hereto and incorporated by reference herein. Section 2. Term. This Agreement shall commence August 14, 2019 and shall terminate on May 29, 2020. •- - a DISTRICT be compensated for - Scope of - - from $12,500 GOOD Grant until such fundsare fully expended. • ''ICT will advise CITY in writing • - • at least• 1 before - GOOD Grant funds fully - expended. (B) Once the GOOD Grant is fully expended, DISTRICT shall compensate CITY for the Scope of Services for the remainder of the academic year. CITY shall submit to DISTRICT a monthly itemized statement which indicates work completed and hours of services rendered by CITY. DISTRICT shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon. The relationship between the Parties under this Agreement shall be one of independent contractor. The police officers who provide school resource officer services under this Agreement shall not be employees or agents of DISTRICT and are not entitled to participate in any DISTRICT pension plans, retirement, health and other benefits provided by DISTRICT to its employees. The police officers providing services under this Agreement shall report directly to the Downey Chief of Police or his designee through the Downey Police Department chain of command. The Downey Police Department shall maintain direct supervisory control over the assigned school resource officers. The DISTRICT shall have the right to request that a school resource officer be replaced if his or her performance is unsatisfactory to DISTRICT. Section 5. Indemnification. (A) DISTRICT shall indemnify, hold harmless and defend CITY, and CITY's officers, officials, employees, agents and volunteers from any all loss, liability, fines, penalties, forfeitures, costs and damages, whether in contract, tort or strict liability, including but not limited to personal injury and property damage, incurred by any person arising directly or indirectly from the negligent or intentional acts or omissions of DISTRICT, or DISTRICT's officers, directors, trustees, officials, employees, agents and volunteers in the performance of this Agreement. (B) CITY shall indemnify, hold harmless and defend DISTRICT, and DISTRICT's officers, directors, trustees, officials, employees, agents and volunteers from any all loss, liability, fines, penalties, forfeitures, costs and damages, whether in contract, tort or strict liability, including but not limited to personal injury and property damage, incurred by any person arising directly or indirectly from the negligent or intentional acts or omissions of CITY, or CITY's officers, officials, employees, agents and volunteers in the performance of this Agreement. (C) In the event of concurrent negligence on the part of CITY or any of its officers, officials, employees, agents and volunteers and DISTRICT, or any of its officers, directors, trustees, officials, employees, agents and volunteers, the liability for any and all such claims, demands and actions in law and in equity for such loses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter. 2 (D) This section shall survive expiration or termination of this Agreement. Section 6. Insurance. It is understood and agreed that CITY AND DISTRICT maintain insurance policies or self-insurance programs to fund their respective liabilities. Section 7. Termination. This Agreement may be terminated by either Party at any time with or without cause, by providing thirty (30) days prior written notice to the other Party. In the event of termination by either Party, CITY shall be compensated for services rendered through the effective date of termination. Section 8. Notices. A. Notices pursuant to this Agreement shall be given by personal service or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed as follows: TO CITY: Downey Police Department 10911 Brookshire Avenue Downey, CA 90241 Attn: Lt. Kathleen Mendoza TO DISTRICT: Downey Unified School District 11627 Brookshire Avenue Downey, CA 90241 Attn: Dr. Robert Jagielski, Senior Director, Student Services Department B. Notices shall be deemed to be given as of the date of personal service, or two (2) days following the deposit of the same by first class mail in the course of transmission of the United States Postal Service. Section 9. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or different provisions of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provisions herein. This Agreement shall be binding upon the Parties hereto and their successors in interest. Neither Party may assign, subcontract or transfer, by operation of law or otherwise, all or any of its rights or obligations under this Agreement. Any attempt to assign, subcontract or transfer all or any rights or obligations under this Agreement shall be null and void. Section 12. Compliance with Laws. The Parties shall comply with all applicable laws in performing their respective obligations under this Agreement. Section 13. Entiretv of Agreement. This Agreement contains the entire agreement between CITY and DISTRICT with respect to the subject matter hereof, and no other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. The City Manager of CITY shall have the authority to sign any supplement, modification or amendment to this Agreement. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. In the event that suit shall be brought by either party to this contract, the parties agree that venue shall be exclusively vested in the State courts of the County of Los Angeles or where appropriate, in the United States District Court, Central District of California, Los Angeles, California. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision of this Agreement shall not affect the other provisions. 11 11191"'WINWIN lie lip 0 0 a R r4l I or-= I I I I] I IL4019LADRDU I This Agreement is not enforceable until and unless it is approved and/or ratified by the respective governing bodies of CITY and DISTRICT. or.-joatex-61 - I By_ •- A. Livas, City Manag] A= ITUdyk-WA Maria Alicia Duarte, CMC, City Clerk APPROVED AS TO FqRM: A tte W.Abici A nff� Secretary Legal Counsel EXHIBIT A i ' • CITY shall provide the following services: CITY, through its Police Department, will assign one (1) police officer on an overtime basis to serve as a school resource officer (SRO) to each of the following school campuses: Downey High School, Warren High School, and Columbus High School. The duties of the SRO are as follows: • Be a visible, active and high profile SRO on campus to promote safety and positive relationships. • Be a link between the school community and the Downey Police Department. Interaction with staff and students is high priority. If asked, the SRO will assist teachers with material to help explain the job of the SRO and the criminal justice system. • Be a role model and mentor for students. • Walk the halls and common areas of the school campus, particularly during times of high student movement to provide crime prevention and assist with student/staff safety. • Detect and deter criminal activity, take reports of incidents, and refer matters of law enforcement concern to the appropriate authority. Any police matters should be referred to Downey Police Department supervisors and DISTRICT staff. The SROs shall report to the school campuses specified above in accordance with the following schedule: School Resource Officer Schedule 2019-2020 Warren Downey Columbus Monday 0915-1515 0930-1530 0915-1415 Tuesday 0915-1515 0930-1530 0915-1415 Wednesday 0915-1515 0915-1445 0915-1415 Thursday 0915-1515 0915-1445 0915-1415 Friday 0915-1515 0930-1530 0915-1415 3