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2000 - El Monte Union High School District - School Resource Deputy (SRD) ProgramMEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE EL MONTE UNION HIGH SCHOOL DISTRICT AND THE CITY OF ROSEMEAD FOR ROSEMEAD HIGH SCHOOL THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this 12th day of November 2024, by and between the CITY OF ROSEMEAD, a California municipal corporation, hereinafter referred to as "CITY" and the EL MONTE UNION HIGH SCHOOL DISTRICT, a political subdivision of the State of California, hereinafter referred to as "DISTRICT." The capitalized term "Parties" shall be a collective reference to both CITY and DISTRICT. The capitalized term "Party" shall refer to either City or Consultant interchangeably as appropriate. RECITALS This MOU is made and entered into with respect to the following facts: WHEREAS, each Party to this MOU has partnered in past years to provide School Resource Deputy (SRD) services to Rosemead High School; and WHEREAS, there is a desire for the continued support of the SRD program by the Parties to this MOU in order to provide a resource to the students and Rosemead High School and obtain maximum benefit from the expenditure of public funds; and WHEREAS, The DISTRICT will enter into an agreement with Los Angeles County Sheriff s Department for SRD services for Rosemead High School for the 2024-2025 school year, effective September 10, 2024. The DISTRICT will contribute 50% of the cost for such services. WHEREAS, the CITY wishes to financially assist with the SRD at Rosemead High School, 9063 Mission Dr, Rosemead, CA 91770, ("Rosemead High School") for services provided by Los Angeles County Sheriffs Department as outlined in Exhibit A, attached hereto and hereby incorporated by this reference. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN CONTAINED, CITY AND DISTRICT AGREE AS FOLLOWS: I. DESCRIPTION OF SERVICES. Provide one full-time School Resource Deputy at Rosemead High School, 9063 Mission Dr., Rosemead CA 91770. The description and scope of services for the School Resource Deputy program provided by the Los Angeles County Sheriffs Department are outlined in Exhibit A attached hereto and incorporated by reference ("SRD Services"). The estimated cost of the SRD Services is $247,842.72. II. FUNDING. a. The DISTRICT will enter into an agreement with Los Angeles County Sheriff's Department for SRD Services for Rosemead High School for the 2024-2025 school year, effective b. CITY shall contribute 50% of the cost of the SRD services, in an amount not to exceed $123,921.36. Full payment will be made no later than 20 days following the execution of the agreement by both the CITY and DISTRICT. III. TERM. The initial term of this MOU shall commence on the date of execution by the DISTRICT, provided that the DISTRICT'S Board of Trustees has first approved the MOU for the 2024-2025 school year. The term is set to expire on June 30, 2025. IV. TERMINATION. a. Termination for Convenience. Either Party to this MOU may terminate this MOU upon giving a thirty (30) day written notice to the other of its intention to terminate this MOU. Notwithstanding the foregoing, if CITY funds its share of the SRD Services, then this MOU shall not be terminated for convenience by DISTRICT prior to the expiration of the initial term. b. Termination for Cause. Either Party may terminate this MOU immediately for cause. Cause shall include, without limitation: material violation of this MOU by either Party; or any act by DISTRICT exposing the CITY to liability to others for personal injury or property damage; or DISTRICT is adjudged bankrupt, DISTRICT makes a general assignment for the benefit of creditors or a receiver is appointed on account of DISTRICT'S insolvency. V. DELIVERY OF NOTICES. All notices permitted or requested under this MOU shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose. DISTRICT: El Monte Union High School District 3537 Johnson Avenue El Monte, CA 91770 Attn: Dr. Michael Lin, Assistant Superintendent of Business Services CITY: City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Attn: Ben Kim, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first-class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Vi. ATTORNEY FEES. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this MOU, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. VII. INDEMNIFICATION. DISTRICT shall defend, indemnify and hold the CITY, its officials, officers, employees, volunteers and agents free and harmless from any and all claims. demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of DISTRICT, its officials, officers, employees, agents, contractors and contractors arising out of or in connection with the performance of the SRD Services or this MOU, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. DISTRICT shall defend, at District's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against CITY, its directors, officials, officers, employees, agents or volunteers. DISTRICT shall pay and satisfy any judgment, award or decree that may be rendered against CITY or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. DISTRICT shall reimburse CITY and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. DISTRICT'S obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its directors, officials, officers, employees, agents or volunteers. VIII. GOVERNING LAW. This MOU shall be interpreted and construed according to the laws of the State of California. Venue shall be in Los Angeles County. IX. SUCCESSORS AND ASSIGNS. This MOU shall be binding on the successors and assigns of the Parties. X. ASSIGNMENT AND TRANSFER. DISTRICT shall not assign, hypothecate, or transfer, either directly or by operation of law, this MOU or any interest herein without the prior written consent of the CITY. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. XI. CONSTRUCTION, REFERENCES, CAPTIONS. Since the Parties or their agents have participated fully in the preparation of this MOU, the language of this MOU shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to DISTRICT include all personnel, employees, agents, and subcontractors of DISTRICT, except as may be otherwise specified in this MOU. All references to CITY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this MOU. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this MOU. XII. AMENDMENT, MODIFICATION. No supplement, modification, or amendment of this MOU shall be binding unless executed in writing and signed by both Parties. XIII. WAIVER. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Parry shall give the other Party any contractual rights by custom, estoppel, or otherwise. XIV. NO THIRD -PARTY BENEFICIARIES. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. XV. SEVERABILITY. If any portion of this MOU is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. XVI. AUTHORITY TO ENTER MOU. DISTRICT has all requisite power and authority to conduct its business and to execute, deliver and perform the MOU. Each Party warrants that the individuals who has signed this MOU have the legal power, right, and authority to make this MOU and bind each respective Party. XVII. ENTIRE MOU. This MOU is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions hereof and supersedes any and all prior and contemporaneous MOUS and understandings, oral or written, in connection herewith. This MOU may be changed or modified only upon the written consent of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on the date first above written by their respective officers duty authorized in that behalf. [Signatures on next page] CITY OF ROSEMEAD BY: Ben Kim, Manager -Tricka-U mandez, City Clerk Apprat � tnorm: BY: Rachel Richman, City Attorney Date: / ZLL2 EL MONTE UNION HIGH SCHOOL DISTRICT By: Dr. Michael Assistant Su erintendent of Business Services MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE EL MONTE UNION HIGH SCHOOL DISTRICT AND THE CITY OF ROSEMEAD FOR ROSEMEAD HIGH SCHOOL THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this 8th day of August 2023, by and between the CITY OF ROSEMEAD, a California municipal corporation, hereinafter referred to as "CITY" and the EL MONTE UNION HIGH SCHOOL DISTRICT, a political subdivision of the State of California, hereinafter referred to as "DISTRICT." The capitalized term "Parties" shall be a collective reference to both CITY and DISTRICT. The capitalized term "Party" shall refer to either City or Consultant interchangeably as appropriate. RECITALS This MOU is made and entered into with respect to the following facts: WHEREAS, each Party to this MOU has partnered in past years to provide School Resource Deputy (SRD) services to Rosemead High School; and WHEREAS, there is a desire for the continued support of the SRD program by the Parties to this MOU in order to provide a resource to the students and Rosemead High School and obtain maximum benefit from the expenditure of public funds; and WHEREAS, The DISTRICT will enter into an agreement with Los Angeles County Sheriff's Department for SRD services for Rosemead High School for the 2023-2024 school year, effective August 8, 2023. The DISTRICT will contribute 50% of the cost for such services. WHEREAS, the CITY wishes to financially assist with the SRD at Rosemead High School, 9063 Mission Dr, Rosemead, CA 91770, ("Rosemead High School") for services provided by Los Angeles County Sheriffs Department as outlined in Exhibit A, attached hereto and hereby incorporated by this reference. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN CONTAINED, CITY AND DISTRICT AGREE AS FOLLOWS: I. DESCRIPTION OF SERVICES. Provide one full-time School Resource Deputy at Rosemead High School, 9063 Mission Dr., Rosemead CA 91770. The description and scope of services for the School Resource Deputy program provided by the Los Angeles County Sheriffs Department are outlined in Exhibit A attached hereto and incorporated by reference ("SRD Services"). The estimated cost of the SRD Services is $239,996.18. II. FUNDING. a. The DISTRICT will enter into an agreement with Los Angeles County Sheriff's Department for SRD Services for Rosemead High School for the 2023-2024 school year, effective y b. CITY shall contribute 50% of the cost of the SRD services, in an amount not to exceed $119,998.09. Full payment will be made no later than 20 days following the execution of the agreement by both the CITY and DISTRICT. III. TERM. The initial term of this MOU shall commence on the date of execution by the DISTRICT, provided that the DISTRICT'S Board of Trustees has first approved the MOU for the 2023-2024 school year. The term is set to expire on June 30, 2024. IV. TERMINATION. a. Termination for Convenience. Either Party to this MOU may terminate this MOU upon giving a thirty (30) day written notice to the other of its intention to terminate this MOU. Notwithstanding the foregoing, if CITY funds its share of the SRD Services, then this MOU shall not be terminated for convenience by DISTRICT prior to the expiration of the initial term. b. Termination for Cause. Either Party may terminate this MOU immediately for cause. Cause shall include, without limitation: material violation of this MOU by either Party; or any act by DISTRICT exposing the CITY to liability to others for personal injury or property damage; or DISTRICT is adjudged bankrupt, DISTRICT makes a general assignment for the benefit of creditors or a receiver is appointed on account of DISTRICT'S insolvency. V. DELIVERY OF NOTICES. All notices permitted or requested under this MOU shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose. DISTRICT: El Monte Union High School District 3537 Johnson Avenue El Monte, CA 91770 Attn: Edward Zuniga, Superintendent CITY: City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Attn: Ben Kim, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first-class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. VI. ATTORNEY FEES. If either Parry commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this MOU, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. VII. INDEMNIFICATION. DISTRICT shall defend, indemnify and hold the CITY, its officials, officers, employees, volunteers and agents free and harmless from any and all claims. demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of DISTRICT, its officials, officers, employees, agents, contractors and contractors arising out of or in connection with the performance of the SRD Services or this MOU, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. DISTRICT shall defend, at District's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against CITY, its directors, officials, officers, employees, agents or volunteers. DISTRICT shall pay and satisfy any judgment, award or decree that may be rendered against CITY or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. DISTRICT shall reimburse CITY and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. DISTRICT'S obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its directors, officials, officers, employees, agents or volunteers. VIII. GOVERNING LAW. This MOU shall be interpreted and construed according to the laws of the State of California. Venue shall be in Los Angeles County. IX. SUCCESSORS AND ASSIGNS. This MOU shall be binding on the successors and assigns of the Parties. X. ASSIGNMENT AND TRANSFER. DISTRICT shall not assign, hypothecate, or transfer, either directly or by operation of law, this MOU or any interest herein without the prior written consent of the CITY. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. M. CONSTRUCTION, REFERENCES, CAPTIONS. Since the Parties or their agents have participated fully in the preparation of this MOU, the language of this MOU shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to DISTRICT include all personnel, employees, agents, and subcontractors of DISTRICT, except as may be otherwise specified in this MOU. All references to CITY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this MOU. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this MOU. XII. AMENDMENT, MODIFICATION. No supplement, modification, or amendment of this MOU shall be binding unless executed in writing and signed by both Parties. XIII. WAIVER. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. XIV. NO THIRD -PARTY BENEFICIARIES. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. XV. SEVERABILITY. If any portion of this MOU is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. XVI. AUTHORITY TO ENTER MOU. DISTRICT has all requisite power and authority to conduct its business and to execute, deliver and perform the MOU. Each Party warrants that the individuals who has signed this MOU have the legal power, right, and authority to make this MOU and bind each respective Party. XVIL ENTIRE MOU. This MOU is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions hereof and supersedes any and all prior and contemporaneous MOUs and understandings, oral or written, in connection herewith. This MOU may be changed or modified only upon the written consent of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on the date first above written by their respective officers duly authorized in that behalf. [Signatures on next page] CITY OF ROSEMEAD BY: Ben ty Manager ATTEST: _ BY: ErickaHemandez, City Clerk Approved 16—Porm: BY: Rachel Richma4Ciomey Date: ��9/2oz3 EL M4Edward, GH SCHOOL DISTRICT BY: Ed.D. Superintendent MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE EL MONTE UNION HIGH SCHOOL DISTRICT AND THE CITY OF ROSEMEAD FOR ROSEMEAD HIGH SCHOOL THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this 13th day of September 2022, by and between the CITY OF ROSEMEAD, a California municipal corporation, hereinafter referred to as "CITY" and the EL MONTE UNION HIGH SCHOOL DISTRICT, a political subdivision of the State of California, hereinafter referred to as "DISTRICT." The capitalized term "Parties" shall be a collective reference to both CITY and DISTRICT. The capitalized term "Party" shall refer to either City or Consultant interchangeably as appropriate. RECITALS This MOU is made and entered into with respect to the following facts: WHEREAS, each Party to this MOU has partnered in past years to provide School Resource Deputy (SRD) services to Rosemead High School; and WHEREAS, there is a desire for the continued support of the SRD program by the Parties to this MOU in order to provide a resource to the students and Rosemead High School and obtain maximum benefit from the expenditure of public funds; and WHEREAS, The DISTRICT will enter into an agreement with Los Angeles County Sheriff s Department for SRD services for Rosemead High School for the 2022-2023 school year, effective September 13, 2022. The DISTRICT will contribute 50% of the cost for such services. WHEREAS, the CITY wishes to financially assist with the SRD at Rosemead High School, 9063 Mission Dr, Rosemead, CA 91770, ("Rosemead High School") for services provided by Los Angeles County Sheriffs Department as outlined in Exhibit A, attached hereto and hereby incorporated by this reference. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN CONTAINED, CITY AND DISTRICT AGREE AS FOLLOWS: I. DESCRIPTION OF SERVICES. Provide one full-time School Resource Deputy at Rosemead High School, 9063 Mission Dr., Rosemead CA 91770. The description and scope of services for the School Resource Deputy program provided by the Los Angeles County Sheriffs Department are outlined in Exhibit A attached hereto and incorporated by reference ("SRD Services"). The estimated cost of the SRD Services is $224,018.82. II. FUNDING. a. CITY shall contribute 50% of the cost of the SRD services, in an amount not to exceed $112,009.41. Upon receipt of invoice from the District, payments from CITY to DISTRICT shall be made monthly in the amount of ten thousand one hundred eighty-two dollars and sixty seven cents ($10,182.67) to be made on the 25th day of each month prior to the 1st day for the next calendar month. III. TERM. The initial term of this MOU shall commence on the date of execution by the DISTRICT, provided that the DISTRICT'S Board of Trustees has first approved the MOU for the 2022-2023 school year. The tern is set to expire on June 30, 2023. IV. TERMINATION. a. Termination for Convenience. Either Party to this MOU may terminate this MOU upon giving a thirty (30) day written notice to the other of its intention to terminate this MOU. Notwithstanding the foregoing, if CITY funds its share of the SRD Services, then this MOU shall not be terminated for convenience by DISTRICT prior to the expiration of the initial term. b. Termination for Cause. Either Party may terminate this MOU immediately for cause. Cause shall include, without limitation: material violation of this MOU by either Party; or any act by DISTRICT exposing the CITY to liability to others for personal injury or property damage; or DISTRICT is adjudged bankrupt, DISTRICT makes a general assignment for the benefit of creditors or a receiver is appointed on account of DISTRICT'S insolvency. V. DELIVERY OF NOTICES. All notices permitted or requested under this MOU shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose. DISTRICT: El Monte Union High School District 3537 Johnson Avenue EI Monte, CA 91770 Attn: Edward Zuniga, Superintendent CITY: City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Attn: Ben Kim, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. VI. ATTORNEY FEES. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this MOU, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. VII. INDEMNIFICATION. DISTRICT shall defend, indemnify and hold the CITY, its officials, officers, employees, volunteers and agents free and harmless from any and all claims. demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of DISTRICT, its officials, officers, employees, agents, contractors and contractors arising out of or in connection with the performance of the SRD Services or this MOU, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. DISTRICT shall defend, at District's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against CITY, its directors, officials, officers, employees, agents or volunteers. DISTRICT shall pay and satisfy any judgment, award or decree that may be rendered against CITY or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. DISTRICT shall reimburse CITY and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. DISTRICT'S obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its directors, officials, officers, employees, agents or volunteers. VIII. GOVERNING LAW. This MOU shall be interpreted and construed according to the laws of the State of California. Venue shall be in Los Angeles County. IX. SUCCESSORS AND ASSIGNS. This MOU shall be binding on the successors and assigns of the Parties. X. ASSIGNMENT AND TRANSFER. DISTRICT shall not assign, hypothecate, or transfer, either directly or by operation of law, this MOU or any interest herein without the prior written consent of the CITY. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. XI. CONSTRUCTION, REFERENCES, CAPTIONS. Since the Parties or their agents have participated fully in the preparation of this MOU, the language of this MOU shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to DISTRICT include all personnel, employees, agents, and subcontractors of DISTRICT, except as may be otherwise specified in this MOU. All references to CITY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this MOU. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this MOU. XII. AMENDMENT, MODIFICATION. No supplement, modification, or amendment of this MOU shall be binding unless executed in writing and signed by both Parties. XIII. WAIVER. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any, contractual rights by custom, estoppel, or otherwise. XIV. NO THIRD -PARTY BENEFICIARIES. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. XV. SEVERABILITY. If any portion of this MOU is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. XVI. AUTHORITY TO ENTER MOU. DISTRICT has all requisite power and authority to conduct its business and to execute, deliver and perform the MOU. Each Party warrants that the individuals who has signed this MOU have the legal power, right, and authority to make this MOU and bind each respective Party. XVII. ENTIRE MOU. This MOU is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions hereof and supersedes any and all prior and contemporaneous MOUS and understandings, oral or written, in connection herewith. This MOU may be changed or modified only upon the written consent of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on the date first above written by their respective officers duly authorized in that behalf. [Signatures on next page] CITY OF ROSEMEAD BY: 2- Ben Kim, C' Manager ATTEST: BY: Ericka Hernandez, City Clerk Approved s to Form: BY: Rachel Richman, City Attorney Date: / /°? � / 3 EL MONTE JAIION HIGH SCHOOL DISTRICT vim Edward A. Zun Superintendent SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: (626) 444-9005 This AGREEMENT made and entered into this 1st day of July, 2019 by and between the City of Rosemead, hereinafter called "CITY," and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full-time Los Angeles County Sheriff's Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriffs Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full-time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units maybe called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his/her role is unique when compared to other staff members on the school campus. His/her on campus presence provides at- risk students a tool to resolve and/ or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He/she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at- risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He/she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: The SRO will work five (5) eight-hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with School Resource Officer Program Agreement July 1, 2019 Page 2 of 6 Rosemead High School, the SRO and school officials will confer to tailor the specific day- to-day activities and duties of the SRO. The SRO will be paid overtime at all events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non- school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff's Department. • Assist in student supervision on the school grounds and periphery. Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One-on-one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits/assessments of school campuses. • Special safety programs/presentations. • Faculty/staff in-service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity, Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and/or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him/ her in safety programs of an educations nature. • To reflect, in his/her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i. e., Civil defense, interpretation of State, County and City laws.) School Resource Officer Program Agreement July 1, 2019 Page 3 of 6 • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his/her school that may impact the school. He/she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his/her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. • Law Enforcement as a career. • Anti-smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. • Law of evidence/search and seizure. School Resource Officer Program Agreement July 1, 2019 Page 4 of 6 • Conflict resolution. • Drug awareness. • Anti-graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriffs Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO' s activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, 'under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided: The maximum dollar amount for this Agreement shall be $127,740.00 for 1,648 Hours. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2019 and ending June 30, 2020. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of ten thousand six hundred forty-five dollars ($10,645.00) to be made on the 25th day of the month prior to the 1st day of service for the next calendar month. If payment is not received prior to the 1st day of the calendar month, the SRO will not be made available until such payment is received by the City. 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or School Resource Officer Program Agreement July 1, 2019 Page 5 of 6 other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. In exchange for the City providing the school resource officer services under this Agreement, the District hereby fully waives, releases and discharges the City of Rosemead and its officers, officials, employees, volunteers and agents from any and all claims, demands, causes of action, damages and liabilities related to or arising out of this Agreement. 10. Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Gloria Molleda, City Manager 8838 E. Valley Boulevard Rosemead, CA 91770 If to District: Dr. Edward Zuniga, Superintendent 3537 Johnson Avenue El Monte, CA 91731 13. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. School Resource Officer Program Agreement July 1, 2019 Page 6 of 6 14. Administration: This Agreement shall be administered by the City through its City Manager and/ or his/her designee. This Agreement shall be administered by District through its Superintendent and/or his/her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD EL MONTE HIGH SCHOOL DISTRICT Approved by: Appro ed by 0. . . loria Molleda Signature City Manager WCAt\ UG1+cr.. Attest: Name • jaN Ericka Hernandez Title City Clerk `19 Date Appro ed gas toF. i/ "achel Richman City Attorney 8/8/2019 BoardDocs®Pro c) No TO Agenda Item Details Meeting Aug 07, 2019 - El Monte Union High School District Board of Trustees Regular Meeting Category E. Consent Agenda Subject 27. Consider Approval of Contract Agreement Between the EMUHSD and the City of Rosemead for the Services of a Los Angeles Sheriff as School Resource Officer (SRO) at Rosemead High School Access Public Type Action (Consent) Fiscal Impact Yes Dollar Amount 127,740.00 Budgeted Yes Budget Source Supplemental and Concentration - RHS 7558 Recommended Action The district administrative staff recommends approval of police services from the Los Angeles Sheriff Department at Rosemead High School; effective July 1, 2019, through June 30, 2020, not to exceed $127,740.00. Goals 03. Provide a safe, positive, healthy environment with educational learning facilities that promote learning and wellness for all. Public Content The District desires to engage the services of the Los Angeles Sheriff Department to provide police services (School Resource Officers or SROs) on the Rosemead High School campus. California Government Code section 53060 authorizes the legislative body of any public or municipal corporation or district to contract with and employ any persons for the furnishings to the corporation or district special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required. The authority given wherein to contract shall include the right of the legislative body of the corporation or district to contract for the issuance and preparation of payroll checks. The legislative body of the corporation or district may pay from any available funds such compensation to such persons as it deems proper for the "special services" rendered. The Los Angeles Sheriff Department possesses the special experience, knowledge and expertise necessary for the performance of the "special services" required by this agreement. Pursuant to Education Code 32261, it is the intent of the Legislature to support California public schools to develop comprehensive safety plans that are the result of a systematic planning process that includes strategies aimed at the prevention of incidents involving crime and violence on school campuses and that address the safety concerns of local law enforcement and other interests in the prevention of school crime and violence; and pursuant to the educational code 32261, it is the intent of the Legislature to encourage school districts and law enforcement agencies to develop and implement interagency strategies, service training programs and activities that will improve school attendance and reduce the rates of school crime including vandalism, drug and alcohol abuse, gang membership, gang violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment. Pursuant to Education Code 32262, the Legislature has established School/Law Enforcement Partnership comprising the Superintendent of Public Instruction and the Attorney General which has as its duties the development and https://go.boarddocs.com/ca/caemuhsd/Board.nsf/Public 1/2 8/8/2019 BoardDocs®Pro administration of program policies, procedures and activities in the furtherance of campuses which are safe, secure and peaceful. Pursuant to Penal Code 832.3, it is the intent of the Legislature to ensure the safety of pupils, staff and members of the public on or near California public schools by providing peace officers with training that will enable them to deal with the increasingly diverse and dangerous situations that encounter. Compensation and Hours Provided: The maximum dollar amount for this Agreement shall be $127,740.00 (1,648 Hours). The District shares the costs with the City of Rosemead. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2019, and ending June 30, 2020. Contact Persons: Larry Cecil, Assistant Superintendent of Educational Services City of Rosemead SRO.pdf (450 KB) Administrative Content Motion &Voting Consent agenda items E 1-38 were approved with a consent motion. Motion by Florencio F Briones, second by Maria Morgan. Final Resolution: Motion Carried Yes: Maria Morgan, Ricardo Padilla, David Diaz, Florencio F Briones, Carlos G Salcedo https://go.boarddocs.com/ca/caemuhsd/Board.nsf/Public 2/2 SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: (626) 444-9005 This.AGREEMENT made and entered into this 1st day of July, 2018 .by and between the City of Rosemead, hereinafter called "CITY," and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full-time Los Angeles County Sheriffs Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriffs Department. 2. School Resource Officer Program Description: First and foremost, .the SRO is a full-time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriffs Department and • the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units maybe called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his/her role is unique when compared to other staff members on the school campus. His/her on campus presence provides at-risk students a tool to resolve and/or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He/she carefully uses the, information for crime prevention purposes and •school safety. Additionally the SRO works with these at-risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He/she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: . The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and schoolofficials will confer to tailor the specific day-to-day activities and duties of the SRO. The SRO will be paid overtime at all events which School Resource Officer Program Agreement July 1, 2018 ' Page 2 of 6 routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency,should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non- school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriffs Department. • Assist in student supervision on the school grounds and periphery.. Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One-on-one counseling with students. • Write reports and make arrests as required.. • Classroom instruction. • Crisis preparedness planning. • Security audits/assessments of school campuses. • Special safety programs/presentations. • Faculty/staff in-service presentations. • Group counseling with students: • • . Field trip chaperone. • Parent organization presentation. Campus Activity, Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities: Each SRO shall readily participate and/or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him/her in safety programs of an educations nature. • To reflect, in his/her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i. e., Civil defense, interpretation of State, County and City laws.) School Resource Officer Program Agreement July 1, 2018 Page 3 of 6 • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his/her school that may impact the school. He/she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be, constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in thedevelopment of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his/her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. • Law Enforcement as a career. • Anti-smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. • Law of evidence/search and seizure. School Resource Officer Program Agreement July 1, 2018 Page 4 of 6 • Conflict resolution. • Drug awareness. • Anti-graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriffs Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO' s activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, 'under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided: The maximum dollar amount for this Agreement shall be $102,300 for 1,648 Hours. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2018 and ending June 30, 2019. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of eight thousand five hundred twenty five dollars and no cents ($8,525.00) to be made on the 25th day of the month prior to the 1st day of service for the next calendar month. If payment is not received prior to the 1st day of the calendar month, the SRO will not be made available until such payment is received by the City. 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least • fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or School Resource Officer Program Agreement July 1, 2018 - Page 5 of 6 other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. In exchange for the City providing the school resource officer services under this Agreement, the District hereby fully waives, releases and discharges the City of Rosemead and its officers, officials, employees, volunteers and agents from any and all claims, demands, causes of action, damages and liabilities related to or arising out of this Agreement. 10. Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subjectmatterexists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Gloria Molleda, City Manager 8838 E. Valley Boulevard Rosemead, CA 91770 If to District: V Dr. Edward Zuniga, Superintendent 3537 Johnson Avenue El Monte, CA 91731. 13. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. School Resource Officer Program Agreement July 1, 2018 Page 6 of 6 14. Administration: This Agreement shall be administered by the City through its City Manager and/ or his/her designee. This Agreement shall be administered by District through its Superintendent and/or his/her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD EL MONTE HIGH SCHOOL DISTRICT Ap•roved by: Approved b • ckg Gloria Molleda Signature City ManagerWad vicry Attest: . Name C( e- ass ( -Eic l Ericka Her dez Title City Clark C� 1 )1Ct/ Date Approv- as to Form: # 09' R.. L •-.n City Attorney 8/15/2018 BoardDocs®Pro ry 411 .1901 Agenda Item Details Meeting Aug 01, 2018 - El Monte Union High School District Board of Trustees Regular Meeting Category D. Consent Agenda Subject 25. Consider Approval of Contract Agreement Between the EMUHSD and the City of Rosemead for the Services of a Los Angeles Sheriff as School Resource Officer (SRO) at Rosemead High School Type Action (Consent) Fiscal Impact Yes Dollar Amount 102,300.00 Budgeted Yes Budget Source General Fund 01.0, Supplemental and Concentration Funds Recommended Action The district administrative staff recommends approval of police services from the Los Angeles Sheriff Department at Rosemead High School; effective July 1, 2018 through June 30, 2019, not to exceed $102,300.00. Goals The District desires to engage the services of the Los Angeles Sheriff Department to provide police services (School Resource Officers or SROs) on the Rosemead High School campus. California Government Code section 53060 authorizes the legislative body of any public or municipal corporation or district to contract with and employ any persons for the furnishings to the corporation or district special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required. The authority given wherein to contract shall include the right of the legislative body of the corporation or district to contract for the issuance and preparation of payroll checks. The legislative body of the corporation or district may pay from any available funds such compensation to such persons as it deems proper for the "special services" rendered. The Los Angeles Sheriff Department possesses the special experience, knowledge and expertise necessary for the performance of the "special services" required by this agreement. Pursuant to Education Code 32261, it is the intent of the Legislature to support California public schools to develop comprehensive safety plans that are the result of a systematic planning process that includes strategies aimed at the prevention of incidents involving crime and violence on school campuses and that address the safety concerns of local law enforcement and other interests in the prevention of school crime and violence; and pursuant to the educational code 32261, it is the intent of the Legislature to encourage school districts and law enforcement agencies to develop and implement interagency strategies, service training programs and activities that will improve school attendance and reduce the rates of school crime including vandalism, drug and alcohol abuse, gang membership, gang violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment. Pursuant to Education Code 32262, the Legislature has established School/Law Enforcement Partnership comprising the Superintendent of Public Instruction and the Attorney General which has as its duties the development and administration of program policies, procedures and activities in the furtherance of campuses which are safe, secure and peaceful. Pursuant to Penal Code 832.3, it is the intent of the Legislature to ensure the safety of pupils, staff and members of the public on or near California public schools by providing peace officers with training that will enable them to deal with the increasing diverse and dangerous situations that encounter. https://www.boarddocs.com/ca/caemuhsd/Board.nsf/Public# 1/2 8/15/2018 BoardDocs®Pro Compensation and Hours Provided: The maximum dollar amount for this AgrE ei iient shall be $102,300.00 (1,648 Hours). The District shares half of the costs with the City of Rosemead. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2018 and ending June 30, 2019. Contact Persons: Larry Cecil, Assistant Superintendent of Educational Services Rosemead SRO Agreement 2018-19.pdf(252 KB) Motion &Voting The district administrative staff recommends approval of consent agenda items #1-40, with changes to items #35 and #37 as recommended. Motion by David Diaz, second by Florencio F Briones. Final Resolution: Motion Carried Yes: Maria Morgan, Ricardo Padilla, David Diaz, Florencio F Briones, Carlos G Salcedo https://www.boarddocs.com/ca/caemuhsd/Board.nsf/Public# 2/2 SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: 1§26)444-9005 This AGREEMENT made and entered into this 1st day of July, 2017 by and between the City of Rosemead, hereinafter called "CITY,"and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full-time Los Angeles County Sheriffs Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriffs Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full-time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units maybe called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his/her role is unique when compared to other staff members on the school campus. His/her on campus presence provides at- risk students a tool to resolve and/ or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He/she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at- risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He/she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day- to-day activities and duties of the SRO. The SRO will be paid overtime at all events which School Resource Officer Program Agreement July 1, 2017 Page 2 of 6 routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command.Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non- school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriffs Department. • Assist in student supervision on the school grounds and periphery. Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One-on-one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits/assessments of school campuses. • Special safety programs/presentations. • Faculty/staff in-service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity, Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and/or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him/ her in safety programs of an educations nature. • To reflect, in his/her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions O. e., Civil defense, interpretation of State, County and City laws.) School Resource Officer Program Agreement July 1, 2017 Page 3 of 6 • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his/her school that may impact the school. He/she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriffs Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his/her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. • Law Enforcement as a career. • Anti-smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. • Law of evidence/search and seizure. School Resource Officer Program Agreement July 1, 2017 Page 4 of 6 • Conflict resolution. • Drug awareness. • Anti-graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriffs Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO' s activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, 'under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided: The maximum dollar amount for this Agreement shall be $98,841 for 1,648 Hours. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2017 and ending June 30, 2018. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of eight thousand two hundred thirty six dollars and seventy-five cents $8,236.75)to be made on the 25th day of the month prior to the 1st day of service for the next calendar month. If payment is not received prior to the 1st day of the calendar month, the SRO will not be made available until such payment is received by the City. 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or School Resource Officer Program Agreement July 1, 2017 Page 5 of 6 other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shah limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. In exchange for the City providing the school resource officer services under this Agreement, the District hereby fully waives, releases and discharges the City of Rosemead and its officers, officials, employees, volunteers and agents from any and all claims, demands, causes of action, damages and liabilities related to or arising out of this Agreement. 10. Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Bill R. Manis, City Manager 8838 E. Valley Boulevard Rosemead, CA 91770 If to District: Dr. Edward Zuniga, Superintendent 3537 Johnson Avenue El Monte, CA 91731 13. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. School Resource Officer Program Agreement July 1, 2017 Page 6 of 6 14. Administration: This Agreement shall be administered by the City through its City Manager and/ or his/her designee. This Agreement shall be administered by District through its Superintendent and/or his/her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD EL MO HIGH SCHOOL DISTRICT Approved by: Appr ed by: —3,3131. R. Bill R. Manis Signature City Manager ,ED WAsQ0 Z Un/6-4-- Attest: Name l/ /"&enl i EN DM' arc Donahue Title City Clerk 9 Da • Approved as to F m: Rachel Richman City Attorney SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: (626) 444 -9005 This AGREEMENT made and entered into this 1 st day of July, 2016 by and between the City of Rosemead, hereinafter called "CITY," and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles County Sheriffs Deputy to serve as a Rosemead High School Resource Officer (SRO), The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriffs Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports, Other patrol units maybe called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his /her role is unique when compared to other staff members on the school campus. His /her on campus presence provides at- risk students a tool to resolve and/ or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at- risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with School Resource Officer Program Agreement July 1, 2015 Page 2 of 6 Rosemead High School, the SRO and school officials will confer to tailor the specific day -to -day activities and duties ofthe SRO, The SRO will be paid overtime at all events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non - school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriffs Department. • Assist in student supervision on the school grounds and periphery. Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -one counseling with students, • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him/ her in safety programs of an educations nature. School Resource Officer Program Agreement July 1, 2015 Page 3 of 6 • To reflect, in his /her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i. e., Civil defense, interpretation of State, County and City laws,) • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his /her school that may impact the school. He /she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change, • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. School Resource Officer Program Agreement July 1, 2015 Page 4 of 6 Educational Programs: As part of his/her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. • Law Enforcement as a career. • Anti - smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. • Law of evidence /search and seizure. • Conflict resolution. • Drug awareness. • Anti - graffiti education. Chain of Command; The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriffs Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriffs Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO' s activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, 'under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided: The maximum dollar amount for this Agreement shall be $ 95,241.24. for 1, 648 Hours. 4 Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2016 and ending June 30, 2017. School Resource Officer Program Agreement July 1, 2015 Page 5 of 6 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of seven thousand nine hundred thirty six dollars and seventy -seven cents 7,936.77) to be made on the 25th day of the month prior to the 1 st day of service for the next calendar month. If payment is not received prior to the 1st day of the calendar month, the SRO will not be made available until such payment is received by the City. 6 Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents, Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract, In exchange for the City providing the school resource officer services under this Agreement, the District hereby fully waives, releases and discharges the City of Rosemead and its officers, officials, employees, volunteers and agents from any and all claims, demands, causes of action, damages and liabilities related to or arising out of this Agreement. 10 Assignment Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. School Resource Officer Program Agreement July 1, 2015 Page 6 of 6 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Bill R. Manis, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Dr. Irella S. Perez, Superintendent 3537 Johnson Avenue El Monte, CA 91731 13. Waiver Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. 14. Administration: This Agreement shall be administered by the City through its City Manager and/ or his /her designee. This Agreement shall be administered by District through its Superintendent and/ or his /her designee, The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved by: Bill R. Manis City Manager Attest: Ericka Her andez Acting City Clerk Title Date EL MONTE HIGH SCHOOL DISTRICT Approved as to Form: Ra�Ricriman City Attorney CITY ORIGINAL SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave.. El Monte, CA 91731 PHONE: (626) 444 -9005 This AGREEMENT made and entered into this 15t day of July, 2015 by and between the City of Rosemead hereinafter called "CITY" and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles County Sheriff's Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriff's Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his /her role is unique when compared to other staff members on the school campus. His /her on campus presence provides at -risk students a tool to resolve and /or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at -risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day - to -day activities and duties of the SRO. The SRO will be paid overtime at all school School Resource Officer Program Agreement July 1, 2015 Page 2 of 6 events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non - school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff's Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity, Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him /her in safety programs of an educations nature. • To reflect, in his /her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civil defense, interpretation of State, County and City laws.) School Resource Officer Program Agreement July 1, 2015 Page 3 of 6 • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his /her school that may impact the school. He /she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his /her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. • Law Enforcement as a career. • Anti - smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. School Resource Officer Program Agreement July 1, 2015 Page 4 of 6 • Law of evidence /search and seizure. • Conflict resolution. • Drug awareness. • Anti - graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriff's Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided. The maximum dollar amount for this Agreement shall be $91,843.04. 1,648 Hours @ $55.73 per hour. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2015 and ending June 30, 2016. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of seven thousand six hundred and sixty -one dollars and ninety -two cents ($7,661.92) to be made on the 25th day of the month prior to the 1 st day of service for the next calendar month. If payment is not received prior to the 1st day of the calendar month, the SRO will not be made available until such payment is received by the City. 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from School Resource Officer Program Agreement July 1, 2015 Page 5 of 6 any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 10. Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Dr. Irella S. Perez, Superintendent 3537 Johnson Avenue El Monte, CA 91731 13. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. School Resource Officer Program Agreement July 1, 2015 Page 6 of 6 14. Administration: This Agreement shall be administered by the City through its City Manager and /or his /her designee. This Agreement shall be administered by District through its Superintendent and /or his /her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved by: Je YA110 City Manager Attest: � i (� � UUA j`, Gloria Molleda City Clerk EL MONTE HIGH SCHOOL DISTRICT Approved as to Form: Rachel Richman City Attorney OMM BoardDocs® Pro https:// www. boarddocs. com /ca/caemuhsd/Board.nsf/Private ?open &login# Agenda Item Details Meeting Aug 05, 2015 - El Monte Union High School District Board of Trustees Regular Meeting Category F. Regular Agenda Subject 4. Consider Approval of Contract Agreement Between the EMUHSD and the City of Rosemead for the Services of a Los Angeles Sheriff as School Resource Officer (SRO) at Rosemead High School Access Public Type Action Fiscal Impact Yes Dollar Amount 91,843.04 Budget Source Supplemental and Concentration Grant of LCFF Recommended The district administrative staff recommends approval of police services from the Los Action Angeles Sheriff department at Rosemead High School; effective July 1, 2015 through June 30, 2016, not to exceed $91,843.04. Goals 03. Provide a safe, positive, healthy environment with educational learning facilities that promote learning and wellness for all. The District desires to engage the services of the Los Angeles Sheriff Department to provide police services (School Resource Officers or SROs) on the Rosemead High School campus. California Government Code section 53060 authorizes the legislative body of any public or municipal corporation or district to contract with and employ any persons for the furnishings to the corporation or district special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required. The authority given wherein to contract shall include the right of the legislative body of the corporation or district to contract for the issuance and preparation of payroll checks. The legislative body of the corporation or district may pay from any available funds such compensation to such persons as it deems proper for the "special services" rendered. The Los Angeles Sheriff Department possesses the special experience, knowledge and expertise necessary for the performance of the "special services" required by this agreement. Pursuant to Education Code 32261, it is the intent of the Legislature to encourage California public schools to develop comprehensive safety plans that are the result of a systematic planning process that includes strategies aimed at the prevention of incidents involving crime and violence on school campuses and that address the safety concerns of local law enforcement and other interests in the prevention of school crime and violence; and pursuant to the educational code 32261, it is the intent of the Legislature to encourage school districts and law enforcement agencies to develop and implement interagency strategies, service training programs and activities that will improve school attendance and reduce the rates of school crime including vandalism, drug and alcohol abuse, gang membership and gang violence. Pursuant to Education Code 32262, the Legislature has established School /Law Enforcement Partnership comprising the Superintendent of Public Instruction and the Attorney General which has as its duties the 1 of 2 8/28/2015 10:01 AM BoardDocs® Pro https: / /www.boarddoes. com /ca/caemuhsd/Board.nsf/Private ?open &login# development and administration of program policies, procedures and activities in the furtherance of campuses which are safe, secure and peaceful. Pursuant to Penal Code 832.3, it is the intent of the Legislature to ensure the safety of pupils, staff and members of the public on or near California public schools by providing peace officers with training that will enable them to deal with the increasing diverse and dangerous situations that encounter. Compensation and Hours Provided: The maximum dollar amount for this Agreement shall be $91,843.04. (1,648 Hours @ $55.73 per hour). The District shares half of the costs with the City of Rosemead. This represents an increase of $2,241.28 from $89,601.76 in 2014 -2015. This is due to the Sheriff's rate increasing, District's half going from $54.37 per hour to $55.73 for 2015 -2016. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2015 and ending June 30, 2016. Contact Persons: Sergio Flores, Assistant Superintendent of Educational Services Cynthia Shieh, Chief Business Official Agree City of Rosemead SRO 0&05 15 .pd (335 KB) Administrative Content The district administrative staff recommends approval of police services from the Los Angeles Sheriff department at Rosemead High School; effective July 1, 2015 through June 30, 2016, not to exceed $91,843.04. Consent Motion was given to approve Regular Agenda items #F.2 -F.9 Motion by Juanita M Gonzales, second by Maria -Elena Talamantes. Final Resolution: Motion Carried Yes: Salvador Ramirez, Esthela Torres de Siegrist, Maria -Elena Talamantes, Juanita M Gonzales, Ricardo Padilla 2 of 2 8/28/2015 10:01 AM ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 23, 2015 SUBJECT SCHOOL RESOURCE OFFICER PROGRAM FUNDING SUMMARY The City currently contracts with the Los Angeles County Sheriff's Department for a Special Assignment Deputy that is assigned to Rosemead High School as a School Resource Officer (SRO). The El Monte Union High School District currently shares the cost of the SRO with the City for the hours that the SRO is assigned to the school, however, the agreement must be renewed by both the City and School District. City staff has included the necessary fundng in the 2015 -16 Budget to cover the City's porton of the agreement. Staff Recommendation That the City Council approve the agreement with the El Monte Union High School District for assistance in fundng the SRO position. FINANCIAL IMPACT The El Monte Union High School District has requested 1,648 hours of service for a total cost of $91,843.04. The School District will remit payment in the amount of $7,661.92 by the 25th day of the month prior to the 1 st day of service for the next calendar month. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: a Matthew E. Hawkesworth Assistant City Manager Attachment: Contract ITEM NO. APPROVED FOR CITY COUNCIL AGENDA: MAYOR: MARGARET CLARK MAYOR PRO TEM: SANDRA ARMENTA COUNCIL MEMBERS W ILLIAlm ALARCON POLLY Low STEVEN LY Attn: Dr. Irella S. Perez Superintendent El Monte Union High School District 3537 Johnson Avenue El Monte, CA 91731 City of Rosemead 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 Re: School Resource Officer Program Agreement Dear Dr. Irella S. Perez, On June 23` 2015 the Rosemead City Council approved the School Resource Officer Program Agreement between the City and El Monte Union High School District. Please execute the enclosed agreement and forward one (1) signed agreement and keep one (1) original for your files. Enclosed, is a self - addressed envelope for your convenience. Should you have any questions or concerns, please do not hesitate to contact our office at 626 -569 -2100. Sincerely, Ericka Hernandez Assistant to the City Clerk Enclosure: School Resource Officer Program Agreement CITY ORIGINAL SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: (626) 444 -9005 This AGREEMENT made and entered into this 1St day of July, 2015 by and between the City of Rosemead hereinafter called "CITY" and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles County Sheriff's Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriff's Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his /her role is unique when compared to other staff members on the school campus. His /her on campus presence provides at -risk students a tool to resolve and /or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at -risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day - to -day activities and duties of the SRO. The SRO will be paid overtime at all school School Resource Officer Program Agreement July 1, 2015 Page 2 of 6 events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non - school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff's Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity, Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him /her in safety programs of an educations nature. • To reflect, in his /her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civil defense, interpretation of State, County and City laws.) School Resource Officer Program Agreement July 1, 2015 Page 3 of 6 • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his /her school that may impact the school. He /she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his /her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. • Law Enforcement as a career. • Anti - smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. School Resource Officer Program Agreement July 1, 2015 Page 4 of 6 • Law of evidence /search and seizure. • Conflict resolution. • Drug awareness. • Anti - graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriff's Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided. The maximum dollar amount for this Agreement shall be $91,843.04. 1,648 Hours @ $55.73 per hour. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2015 and ending June 30, 2016. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of seven thousand six hundred and sixty -one dollars and ninety -two cents ($7,661.92) to be made on the 25th day of the month prior to the 1 day of service for the next calendar month. If payment is not received prior to the 1 day of the calendar month, the SRO will not be made available until such payment is received by the City. 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from School Resource Officer Program Agreement July 1, 2015 Page 5 of 6 any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 10. Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Dr. Irella S. Perez, Superintendent 3537 Johnson Avenue El Monte, CA 91731 13. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. School Resource Officer Program Agreement July 1, 2015 Page 6 of 6 14. Administration: This Agreement shall be administered by the City through its City Manager and /or his /her designee. This Agreement shall be administered by District through its Superintendent and /or his /her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved by: , �*ii" JeyAllre City Manager Attest: i U U1 yl Gloria Molleda City Clerk Approved as to Form: EL MONTE HIGH SCHOOL DISTRICT Date Rachel Richman City Attorney BoardDocs@ Pro M Agenda Item Details 80 https://www.boarddocs.conVea/cacmuhsd/Board.nsf/Private?open ... Meeting Jun 05, 2013 - El Monte Union High School District Board of Trustees Regular Meeting Category H. Regular Agenda Subject 12. Consider Approval of Contract Agreement Between the EMUHSD and the City of Rosemead for the Services of a Los Angeles Sheriff as Resource Officer at Rosemead High School Access Public Type Action Fiscal Impact Yes Dollar Amount $ 87,245.12 Budgeted Yes Budget Source ROP budget through Tier III flexibility Recommended District Administrative staff recommends approval of police services from the Los Angeles Action Sheriff department at Rosemead High School; effective 7/1/13 to 6/30/14, not to exceed $87,245.12; funded by ROP budget through Tier III flexibility Goals 03. Provide a safe, positive, healthy environment to promote learning, wellness, and physical and emotional fitness for all. Public Content The District desires to engage the services of the Los Angeles Sheriffs Department to provide police services (School Resource Officers or SROs) on the Rosemead High School campus. California Government Code section 53060 authorizes the legislative body of any public or municipal corporation or district to contract with and employ any persons for the furnishings to the corporation or district special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required. The authority given wherein to contract shall include the right of the legislative body of the corporation or district to contract for the issuance and preparation of payroll checks. The legislative body of the corporation or district may pay from any available funds such compensation to such persons as it deems proper for the "special services" rendered. El Monte Police Department The DEPARTMENT'S police department possesses the special experience, knowledge and expertise necessary for the performance of the "special services" required by this agreement. Pursuant to Education Code 32261, it is the intent of the Legislature to encourage California public schools to develop comprehensive safety plans that are the result of a systematic planning process that includes strategies aimed at the prevention of incidents involving crime and violence on school campuses and that address the safety concerns of local law enforcement and other interests in the prevention of school crime and violence; and pursuant to the educational code 32261, it is the intent of the Legislature to encourage school districts and law enforcement agencies to develop and implement interagency strategies, service training programs and activities that will improve school attendance and reduce the rates of school crime including BoardDocs@ Pro https://www.boarddocs.com/ca/caemuhsd/Board.nsf/Private?open... vandalism, drug and alcohol abuse, gang membership and gang violence. Pursuant to Education Code 32262, the Legislature has established School /Law Enforcement Partnership comprising the Superintendent of Public Instruction and the Attorney General which has as its duties the development and administration of program policies, procedures and activities in the furtherance of campuses which are safe, secure and peaceful. Pursuant to Penal Code 832.3, it is the intent of the Legislature to ensure the safety of pupils, staff and members of the public on or near California public schools by providing peace officers with training that will enable them to deal with the increasing diverse and dangerous situations that encounter. Compensation and Hours Provided: The maximum dollar amount for this Agreement shall be $87,245.12. (1,648 Hours @ $52.94 per hour). The District shares half of the costs with the City. This represents an increase of $3,809.88 from $83,438.24. This is due to the Sheriffs rate increasing, our half going from $50.63 per hour to $52.94). The term of this Agreement shall be for the period of twelve months, beginning July 1, 2013 and ending June 30, 2014. Contact Person: Ryan Di Giulio, Chief Business Official Joel Kyne, Asst. Supt. Ed Services School Resource Officer Contract 2013- 14fll.pdf (88 KB) Administrative Jo Executive Content q ,_n n G/'An /11 1 -n(. PM SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: (626) 444 -9005 This AGREEMENT made and entered into this 15t day of July, 2013 by and between the City of Rosemead hereinafter called "CITY" and the El Monte Union High School District hereinafter caned the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles County Sheriff's Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriff's Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his /her role is unique when compared to other staff members on the school campus. His /her on campus presence provides at -risk students a tool to resolve and /or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at -risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day -to -day activities and duties of the SRO. The SRO will be paid overtime at all school School Resource Officer Program Agreement July 1, 2013 Page 2 of 6 events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff's Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity. Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him /her in safety programs of an educations nature. • To reflect, in his /her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civil defense, interpretation of State, County and City laws.) School Resource Officer Program Agreement July 1, 2013 Page 3 of 6 • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his /her school that may impact the school. He /she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his /her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. • Law Enforcement as a career. • Anti - smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. School Resource Officer Program Agreement July 1, 2013 Page 4 of 6 • Campus safety. • Law of evidence /search and seizure. • Conflict resolution. • Drug awareness. • Anti - graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriff's Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriffs Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided. The maximum dollar amount for this Agreement shall be $87,245.12. 1,648 Hours @ $52.94 per hour. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2013 and ending June 30, 2014. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of seven thousand two hundred and seventy dollars and forty -two cents ($7,270.42) to be made on the 25th day of the month prior to the 15i' day of service for the next calendar month. If payment is not received prior to the 15t day of the calendar month, the SRO will not be made available until such payment is received by the City. 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. School Resource Officer Program Agreement July 1, 2013 Page 5 of 6 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 10.Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Nick Salerno, Asst. Superintendent 3537 Johnson Avenue El Monte, CA 91731 School Resource Officer Program Agreement July 1, 2013 Page 6 of 6 13. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. 14. Administration: This Agreement shall be administered by the City through its City Manager and /or his /her designee. This Agreement shall be administered by District through its Superintendent and /or his/her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved . City Manager Attest: Gloria Molleda City Clerk Approved as to Form: aL( Rachel Richman City Attorney EL MONTE HIGH SCHOOL DISTRICT Approved by: Signature Name chttEl= �1/SIAr�,S D1'�P1c,(%d�- Title 6 (5 (r3 Date SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: (626) 444 -9005 This AGREEMENT made and entered into this 1st day of July, 2012 by and between the City of Rosemead hereinafter called "CITY" and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles County Sheriffs Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriff's Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriffs Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his /her role is unique when compared to other staff members on the school campus. His /her on campus presence provides at -risk students a tool to resolve and /or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at -risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisofs. School Resource Officer Program Agreement July 1, 2012 Page 2 of 6 Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day -to -day activities and duties of the SRO. The SRO will be paid overtime at all school events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non - school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff's Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity. Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him /her in safety programs of an educations nature. • To reflect, in his /her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. School Resource Officer Program Agreement July 1, 2012 Page 3 of 6 • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civil defense, interpretation of State, County and City laws.) • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his /her school that may impact the school. He /she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a, partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Proqrams: As part of his /her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. School Resource Officer Program Agreement July 1, 2012 Page 4 of 6 • Law Enforcement as a career. • Anti - smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. • Law of evidence /search and seizure. • Conflict resolution. • Drug awareness. • Anti - graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriff's Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided. The maximum dollar amount for this Agreement shall be $83,438.24. 1,648 Hours @ $50.63 per hour. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2012 and ending June 30, 2013. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of six thousand nine hundred and fifty -three dollars and nineteen cents ($6,953.19) to be made on the 25th day of the month prior to the 1St day of service for the next calendar month. If payment is not received prior to the 1St day of the calendar month, the SRO will not be made available until such payment is received by the City. . School Resource Officer Program Agreement July 1, 2012 Page 5 of 6 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 10.Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 School Resource Officer Program Agreement July 1, 2012 Page 6 of 6 If to District: Nick Salerno, A-sSt. Superintendent 3537 Johnson Avenue El Monte, CA 91731 13. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. 14. Administration: This Agreement shall be administered by the City through its City Manager and /or his /her designee. This Agreement shall be administered by District through its Superintendent and /or his /her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved . Manager Attest: Gloria Molleda City Clerk Appro d as to Form: ace ichman City Attorney EL MONTE HIGH SCHOOL DISTRICT Approved by: Signature 12+ Wa 'Q�. Gr-Nux-e Name . CFOW 131U� NSSS OffVt 0WA-1 Title Date SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL -DISTRICT: El Monte -Union High School District ADDRESS: 3537 Johnson Ave. El Monte, CA 91731 PHONE: (626) -444 -9005 This AGREEMENT made and entered into this Vf day of July, 2011 by and between the City of Rosemead hereinafter called "CITY" and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles, County Sheriffs Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriffs Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school; as his /her role is unique when compared to other staff members on the school campus. His /her on campus presence provides at -risk students a tool to resolve and /or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at -risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant' information with Rosemead Team Deputies and Supervisors. School Resource Officer Program Agreement July 1, 2011 Page 2 of 6 Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming- a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day -to -day activities and duties of the SRO. The SRO will be paid overtime at all school events wi rich routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school -s- not in session. In general, the SRO is to be available during the hours of school operation, with all non - school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff's Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Actives, Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. To serve as a resource person in talks to classes, assemblies and to staff to involve him /her in safety programs of an educations nature. • To reflect, in his /her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. School Resource Officer Program Agreement July 1, 2011 Page 3 of 6 To provide occasional - patrol for the protection of students off the school grounds and between home and school. ® To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civii defense, interpretation of State, County and City laws.) A To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional }person designated by the Principal. To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his /her school that may impact the school. He /she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: Sponsor or assist in the sponsorship of a student. Participate in student leadership. Coaching sports activities. Chaperone field trips. Red Ribbon Week activities. Special school programs. Educational Programs: As pars: of his /her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. School Resource Officer Program Agreement July 1, 2011 Page 4 of 6 Law Enforcement as a- career. A Anti - smoking and tobacco education. Gang awareness. ® Alcohol awareness. Personal safety. ® Traffic safety. ® Campus safety. Law of eviderx.elsearch and seizure. ® Conflict resolution. • Drug awareness. Anti- graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriff's Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriffs Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions.. under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided. The maximum dollar amount for this Agreement: shall be $89,888.12. 1,815 Hours r@i $49.53 per hour. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2011 and ending June 30, 2012. 5. Payrrrent vchedule: Payments from the District to the City shall be made monthly in the amount of seven thousand flour hundred and ninety dollars and sixty - eight rents ($7,490.68) to be made on the 25th day of the month prior to the 1st day of service for the next calendar month. if payment is riot received prior to the 'I't day of the calendar month, the SRO will not be made available until such payment is received by the City. School Resource Officer Program Agreement July 1, 20-111 Page 5 of 6 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective elate of such ten- nination. 8. Hold Harmless aynd Indemnification: oicati�onoioati�on: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or ,arising `corn the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Z)ection 2778. 9. insurance: The City, its elected and appointed officers, employees, and agents shalt be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 10.Ask,�ijrrip nk: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Emir 2, eeti eRL This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. NoVices:_ Any notice required to be given under the terms of this Agrep-mer,t may be mailed first class, postage prepaid as foiiows: If to city: Jeff Allred, City Manager K'A' E. Malley Blvd. Posemead, CA 91770 Schoo Reso Arce Officer Program Agreement July 11 201" Page 6 of g tf to vist! -ict: Nick Salerno, Asst. Superintendent 35:37 Johnson Avenue El Monte, CA. 91731 11 Waivew: Any waiver by either party of any breach of the other of one or rnore of the terms of this Agreement shali not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either par-ty to require exact, full and - complete compliance with any term of this Agreemem. shall not be construed in any `-manner as changing the teins hereof or stopping such party from enforcement hereof 14..A.dc inisttrafion: This Agreement shall be administered by the City through its City Manager and /or hisrher designee. This Agreement shall be administered by District through its Superintendent and /or his /her designee. The parties shall prcvlce each other writ en noti ication of persons designated other than the City ib4an@ger or Superintendent to administer this Agreernent. In witness whereof the parties hereto have subscribed to this agreenlenit by the signature of its autho ized representative beiow. CITY OF IROSERPEAKb EL MONTE HIGH SCHOOL. ar Z "i "RIOT Approved by: Attest: G IiRelled - - City Clerk Approved as to Form: Rachel Richman City Attorney Approved by: Signature _A Ae-13 T) t Cc 111L1 D - - - -- Name CtfieF vpo( `I1a55 OFC-ICIPQ, Title Date MAYOR: Steven Ly MAYORPROTEM: Sandra Amtenta COUNCIL MEMBERS: William Alarcon Margaret Clark Polly Low June 29, 2011 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 ATTN: Nick Salerno, Asst. Superintendent 3537 Johnson Avenue El Monte, CA 91731 Dear Mr. Salerno: Enclosed, is the School Resource Officer Program agreement that was approved by the Rosemead City Council, which needs your signature. Please sign and return to the City Clerk's office as soon as possible. 1. School Resource Officer Program Agreement If you have any question please feel free to contact the City Clerk's office at (626) 569- 2177. We have included a self address stamp envelope, thank you in advance for your prompt attention to this matter. Sincerely, Ericka Hernandez Assistant to the City Clerk ENCLOSURES: 2 ORIGINAL SRO AGREEMENTS TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 28. 2011 A� SUBJECT: SCHOOL RESOURCE OFFICER PROGRAM FUNDING SUMMARY The City currently contracts with the Los Angeles County Sheriff's Department for a Special Assignment Deputy that is assigned to Rosemead High School as a School Resource Officer (SRO). The El Monte Union High School District currently shares half the cost of the SRO with the City, however, the agreement must be renewed by both the City and School District. City staff has included the necessary fundng in the 2011 -12 Budget to cover the City's porton of the agreement. Staff Recommendation That the City Council approve the agreement with the El Monte Union High School District for assistance in fundng the SRO position. FINANCIAL IMPACT The cost of one deputy for 1,815 hours is $89,888.12. The School District will remit payment in the amount of $7,490.68 by the 25th day of the month prior to the 15t day of service for the next calendar month. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: f Matthew E. Hawkesworth Assistant City Manager Attachment: Contract ITEM N® �- APPROVED FOR CITY COUNCIL AGENDA: SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL-DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., -EI Monte, CA 91731 PHONE: (626) 444 -9005 This AGREEMENT made and entered into this 1St day of July, 2011 by and between the City of Rosemead hereinafter called "CITY" and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles County Sheriff's Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriff's Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his /her role is unique when compared to other staff members on the school campus. His /her on campus presence provides at -risk students a tool to resolve and /or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at -risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead -ream Deputies and Supervisors. School Resource Officer Program Agreement July 1, 2011 Page 2 of 6 Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. in forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day -to -day activities and duties of the SRO. The SRO will be paid overtime at all school events w rich routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non - school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff's Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity. Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. To serve as a resource person in talks to classes, assemblies and to staff to involve him /her in safety programs of an educations nature. • To reflect, in his /her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. School Resource Officer Program Agreement July 1, 2011 Page 3 of 6 • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civil defense, interpretation of State, County and City laws.) • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • 'To keep the Principal informed concerning apprehension of students enrolled in his /her school that may impact the school. He /she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer Frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part: of his /her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. School Resource Officer Program Agreement July 1, 2011 Page 4 of E Law Enforcement as a- career. Anti - smoking and tobacco education. Gang awareness. Alcohol awareness. ® Personal safety. ® Traffic safety. ® Campus safety. ® Law of evidence/search and seizure. Conflict resolution. ® Drug awareness. Anti- graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscornmunicafion because the officer has to follow two sets of rules, those of the LA County Sheriff's Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions., under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided. The maximum dollar amount for this Agreement: shall be $89,888.12. 1,815 Hours r[?i $49.53 per hour. 4. Terra. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2011 and ending June 30, 2012. 5. Payrnent schedule: Payments from the District to the City shall be rnade monthly in the amount of seven thousand four hundred and ninety dollars and sixty - eight rents ($7,490.68) to be made on the 25th day of the month prior to the 1st day of service for the next calendar month. If payment is riot received prior to the Ist day of the calendar month, the SRO will not be made available until such payment is received by the City. School Resource Officer Program Agreement July 1, 2611 Page 5 of 6 6. - location of Service: Location of work to be performed: Rosemead High School. 7. Termin°atiom: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective bate of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applioable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising Out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insura.-ace for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance equired, <:and adequate Legal assurance that each carrier will give the City at least thirty (36) days prior notice of the cancellation of any policy during the effective period of the contract. 10.Assiari meet: blether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. iEnflr 6 gn12n!: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. NotJces Any notice required to be given under the terms of this ArjreE =,its ilt may be mailed first class, postage prepaid as follows: If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 School 2esoa "rce Officer Program Agreenent July 1: 42011 Page 6 of !f to Disti'-ict: Nick Salerno, Asst. Superintendent -3537 Johnson Avenue El Monte, CA. 91731 13.`i��'a °ver. Any waiver by either party of any breach of the other of one or rnore of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other bread; o; the same or any other term thereof. Failure of either party to require exact, full and complete cornpliance with any term of this Agreemen;: shall not be construed in any .n anne as cl-ranging the terms hereof or stopping such party from enforces -rent hereof 14.AdmirD "6___ ^ut¢ratio : This Agreement shall be administered- by the City through its City !\Aanag r andior his1her designee. This Agreement shall be administered by District through its Superintendent and /or his /her designee. The parties shall prcraice each other written noti-,ications of persons designated other than the City iYanager or Superintendent to administer this Agreement. In witness whereof tie parties hereto have subscribed to this agreement by the signature of its arrthori ed representative bellow. CITY OF ROSE MEAD Approved i 9y: City ?tanager Attest: GG or��ed�� City Cier;k Approved as to t=orn: kachel i=<ichrnari -- City Attorney EL MDONTE HIGH SCHOOL IdWRrU Approved by: Signature A A,,0 t Cil t1Lt t7 - - - - -- Name CtfIeF '$VAG5S OFC -lr- 1. Title � - - -- 1Z J _. Date MAYOR: Steven Ly MAYORPROTEM: Sandra Armenta COUNCIL MEMBERS: William Alarcon Margaret Clark Polly Low June 29, 2011 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 ATTN: Nick Salerno, Asst. Superintendent 3537 Johnson Avenue El Monte, CA 91731 Dear Mr. Salerno: Enclosed, is the School Resource Officer Program agreement that was approved by the Rosemead City Council, which needs your signature. Please sign and return to the City Clerk's office as soon as possible. 1. School Resource Officer Program Agreement If you have any question please feel free to contact the City Clerk's office at (626) 569- 2177. We have included a self address stamp envelope, thank you in advance for your prompt attention to this matter. Sincerely, Ericka Hernandez Assistant to the City Clerk ENCLOSURES: 2 ORICINAL SRO Ac zEEmFNrs TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 28, 2011 SUBJECT: SCHOOL RESOURCE OFFICER PROGRAM FUNDING SUMMARY The City currently contracts with the Los Angeles County Sheriff's Department for a Special Assignment Deputy that is assigned to Rosemead High School as a School Resource Officer (SRO). The El Monte Union High School District currently shares half the cost of the SRO with the City, however, the agreement must be renewed by both the City and School District. City staff has included the necessary funding in the 2011 -12 Budget to cover the City's porton of the agreement. Staff Recommendation That the City Council approve the agreement with the El Monte Union High School District for assistance in funding the SRO position. FINANCIAL IMPACT The cost of one deputy for 1,815 hours is $89,888.12. The School District will remit payment in the amount of $7,490.68 by the 251h day of the month prior to the 13' day of service for the next calendar month. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: S Matthew E. Hawkesworth Assistant City Manager Attachment: Contract ITEM NO. APPROVED FOR CITY COUNCIL AGENDA: W MW EVIDENCE OF COVERAGE El Monte Union High School District MEMORANDUM NUMBER: 17 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. CERTIFICATE HOLDER INFORMATION City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 ATT: Patrick Piatt Coverage Period: Effective: 7 -1 -10 Expires 12:01 a.m.: 7 -1 -11 This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement; term, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE LIMIT OF LIABILITY /COVERAGE General Liability $1,000,000 Combined Single Limit Per Occurrence ($5,000,000 Aggregate) Automobile Liability $1,000,000 Combined Single Limit Per Occurrence Automobile Physical Damage Actual cash value (Comprehensive/Collision) Property - Building /Contents Replacement cost subject to policy limits, terms, and conditions (Fire, Theft, Rental Interruption) Employee Honesty (Crime) Subject to policy limits, terms, and conditions Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30 days written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or representatives. If you have any questions, contact: Ms. Paula Chu Tanguay, Chief Executive Officer ASCIP • 16550 Bloomfield Avenue • Cerritos, CA 90703 • (562) 404-8029 Authorized Represent��tiv4� Date Issued: Ge�jd / <a • ASCIP is ajoint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5 -97 A 17 -10 /I I -BOC �� \Iliance of Schools for Cooperative Insurance Programs III16550 Bloomfield Avenue, Cerritos, CA 90703 (562) 404 -8029 SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave.. El Monte: CA 91731 PHONE: (626) 444 -9005 This AGREEMENT made and entered into this 3rd day of June, 201005 by and between the City of Rosemead hereinafter called "CITY" and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles County Sheriffs Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriffs Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriffs Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his /her role is unique when compared to other staff members on the school campus. His /her on campus presence provides at -risk students a tool to resolve and /or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at -risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. School Resource Officer Program Agreement July 1, 201089 Page 2 of 7 Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day -to -day activities and duties of the SRO. The SRO will be paid overtime at all school events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non - school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriffs Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • . Provide emergency law enforcement service. • One -on -one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him /her in safety programs of an educations nature. • To reflect, in his /her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. School Resource Officer Program Agreement July 1, 201088 Page 3 d-7- • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civil defense, interpretation of State, County and City laws.) • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his /her school that may impact the school. He /she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriffs Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his /her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. School Resource Officer Program Agreement July 1, 201089 Page 4 of 7 • Law Enforcement as a career. • Anti - smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. • Law of evidence /search and seizure. • Conflict resolution. • Drug awareness. • Anti - graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriffs Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriffs Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriffs Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided. The maximum dollar amount for this Agreement shall be $87,210.75594 -65. 1,815 Hours @ $47148.05 per hour. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 201009 and ending June 30, 20119. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of seven thousand MOGRe hundred and sixtyseventwenty five dollars and fifty- sixth+Fty Rine cents ($7,267.56125.39) to be made on the 25�h day of the month prior to the 1st day of service for the next calendar month. If payment is not received prior to the 1st day of the calendar month, the SRO will not be made available until such payment is received by the City. School Resource Officer Program Agreement July 1, 201099 Page 5 of 7 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 10.Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the ,parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead. CA 91770 School Resource Officer Program Agreement July 1, 2010: Page 6 of 7 If to District: Nick Salerno, Asst. Superintendent 3537 Johnson Avenue El Monte, CA 91731 13. Waiver: Any waiver by either party of any breach of the other of one or_ more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from' enforcement hereof. 14. Administration: This Agreement shall be administered by the City through its City Manager and /or his /her designee. This Agreement shall be administered by District through its Superintendent and /or his /her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved Wllz4,, . inifill NO Attest: Gloria Molleda City Clerk Approved as to Form: JosepTi Montes City Attorney 02108 EL MONTE HIGH SCHOOL DISTRICT Approved by: Anthony Ortega Name Assistant Superintendent for Business Title June 9, 2010 Date School Resource Officer Program Agreement July 1, 2010. Page 7 of 7 G: \FORMS \Purchasing\Model - Letter of Agreement - Services.dot EVIDENCE OF COVERAGE El Monte Union High School District MEMORANDUM NUMBER: 17 This Evidence of Coverage is used as a matter of information only and confers no rights upon t e Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. >� CERTIFICATE HOLDER Jean Scott Lspi�' Garvey Center CI3 9 2009 9108 Garvey Avenue Krs Rosemead, Adult Ed classes 0 o �`FICE Coverage Period: Effective: 7 -1 -09 Expires 12:01 a.m.: 7 -1 -10 This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE LIMIT OF LIABILITY /COVERAGE General Liability $1,000,000 Combined Single Limit Per Occurrence ($5,000,000 Aggregate) Automobile Liability $1,000,000 Combined Single Limit Per Occurrence Automobile Physical Damage Actual cash value (Comprehensive /Collision) Property - Building /Contents Replacement cost subject to policy limits, terms, and conditions (Fire, Theft, Rental Interruption) Employee Honesty (Crime) Subject to policy limits, terms, and conditions Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30 days written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or representatives. If you have any questions, contact: Ms. Paula Chu Tanguay, Chief Executive Officer ASCIP • 16550 Bloomfield Avtos, CA 9070 (562) 404 -8029 A I =17- Authorized Representative Date Issued: - �J.�"-r- * ASCIP is a joint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Code and Sections 39603 and 8103 of the Education Code. Revs -97 /1\lliance of Schools for Cooperative Insurance Programs III ro- o9 /lo -ooc P 9 16550 Bloomfield Aoenue, Cerritos, CA 90703 (562) 404.8029 EL MONTE UNION HIGH SCHOOL DISTRICT (Action — Discussion) BOARD REPORT #20 Board Report #20 July 1, 2009 TITLE: CONSIDER APPROVAL OF CONTRACT AGREEMENT BETWEEN THE EMUHSD AND THE CITY OF ROSEMEAD FOR A SCHOOL RESOURCE DEPUTY FOR ROSEMEAD HIGH SCHOOL SUMMARY: - The City. of Rosemead is prepared to partner with the EMUHSD for a School Resource Deputy Position at Rosemead High School. It is further understood that the cost of $171,009.30 would be shared equally between the two agencies ($85,504.65). This agreement would provided the services of one L.A. County Deputy Sheriff for the high school for forty hours per work week. The assigned School Resource Deputy would report daily to Rosemead High School Administrators to provide a variety of law enforcement functions. Primarily, the duties would include general patrol of the campus and immediate school area, writing crime reports, making arrests as necessary, making staff and student presentations, responding to student disturbances on and off campus and other duties pertaining to school safety. The cost to the district of $85,504.65 will be funded through the School Safety and Violence Grant and the Teacher Recruitment and Retention Grant. RECOMMENDATION: The district administrative staff recommends approval of the contract agreement with the City of Rosemead for a School, Resource Deputy. CONTACT PERSONS: Nick Salerno, Superintendent Diane Bladen, Assistant Superintendent Educational Services Anthony M. Ortega, Assistant Superintendent Business Larry Callaham, Principal Rosemead High School SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: (626) 444 -9005 This AGREEMENT made and entered into this 3`d day of June, 2009 by and between the City of Rosemead hereinafter called "CITY" and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles County Sheriffs Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriffs Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriffs Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his /her role is unique when compared to other staff members on the school campus. His /her on campus presence provides at -risk students a tool to resolve and /or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at -risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. School Resource Officer Program Agreement July 1, 2009 Page 2 of 7 Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific,school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day -to -day activities and duties of the SRO. The SRO will be paid overtime at all school events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non - school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff's Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him /her in safety programs of an educations nature. • To reflect, in his /her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. School Resource Officer Program Agreement July 1, 2009 Page 3 of 7 • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civil defense, interpretation of State, County and City laws.) • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his /her school that may impact the school. He /she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriffs Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his /her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation, The following topics are presented under the direction of the professional teaching staff. School Resource Officer Program Agreement July 1, 2009 Page 4 of 7 • Law Enforcement as a career. • Anti - smoking and tobacco education • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. • Law of evidence /search and seizure. • Conflict resolution. • Drug awareness. • Anti - graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriffs Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriffs Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriffs Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided. The maximum dollar amount for this Agreement shall be $85,504.65. 1,815 Hours @ $47.11 per hour. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2009 and ending June 30, 2010. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of seven thousand one hundred and twenty -five dollars and thirty -nine cents ($7,125.39) to be made on the 25"' day of the month prior to the 15` day of service for the next calendar month. If payment is not received prior to the 1" day of the calendar month, the SRO will not be made available until such payment is received by the City. School Resource Officer Program Agreement July 1, 2009 Page 5 of 7 6. Location of Service: Location of work to be performed: Rosemead High School. 7, Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. S. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 10.Assicinment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11, Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this.Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 School Resource Officer Program Agreement July 1, 2009 Page 6 of 7 If to District: Nick Salerno, Asst. Superintendent 3537 Johnson Avenue El Monte, CA 91731 13. Waiver: Any waiver by either party of -any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. 14. Administration: This Agreement shall be administered by the City through its City Manager and /or his /her designee. This Agreement shall be administered by District through its Superintendent and /or his /her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved by: w;►;: Attest: Gloria Molleda City Clerk Approved as to Form: Joseph Mon City Attomey ovae EL MONTE HIGH SCHOOL DISTRICT Approved by: Name Title 7/6 Date A- e ^!A a School Resource Officer Program Agreement July 1, 2009• Page 7 of 7 &TORMPurchasingWodel - Letter of Agreement - Services.dot CITY OF ROSEMEAD 8838 East Valley Boulevard Rosemead, CA 91770 (626) 569 -2100 EL MONTE UNION HIGH SCHOOL 3537 JOHNSON AVENUE EL MONTE, CA 91731 ATTN: NICK SALERNO TO: EL MONTE UNION HIGH SCHOOL 3537 JOHNSON AVENUE EL MONTE, CA 91731 ATTN: NICK SALERNO INVOICE e INVOICE NUMBER 2009 -10 -001 INVOICE DATE 06/15/09 YOUR ORDER NUMBER SCHOOL RESOURCE OFFICER/JULY 2009 TERMS Due by the 25th CONTACT PERSON Steve Brisco MISCELLANEOUS REF 3UANTI.r UNIT:PRICE : :::::::::AMOUNT:.. 1 SCHOOL RESOURCE OFFICER/JULY 2009 $7,125.39 $7,125.39 FISCAL YEAR 2009 -10 Contract SUBTOTAL $7,125.39 TAX N/A $7,125.39 Questions concerning this invoice? MAKE ALL CHECKS PAYABLE TO: PAY THIS Call: Finance Department CITY OF ROSEMEAD AMOUNT (626) 569 -2121 8838 East Valley Boulevard Rosemead, CA 91770 Attention: Finance Department Tran Cod( 999 REMITTANCE COPY Account: 4301 - 3993- P47001 THANK YOU FOR YOUR BUSINESS! J 562- 404 -8038 ASCIP Cerritos ASCIP JPA • 11 :31:17a.m. v088 - -0r66- -,2009 EVIDENCE OF COVERAGE El Monte Union High School District MEMORANDUM NUMBER: 17 P7P1 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage noes not nme11Y, GxIGHU, OF ULME 111G GU VGlug. to uNGU Uy u.. IIIGIIIVRIUYG IIJ'lGU vulow. CERTIFICATE HOLDER City of Rosemead fb Attn: Ericka Hernandez S 2i^;,� 8838 Rosemead, CA90 00 313YLE�FFICE Coverage Period: Effective: 7 -1 -09 Expires 12:01 a.m.: 7 -1 -10 This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, tern, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE LIMIT OF LIABILITY /COVERAGE General Liability $1,000,000 Combined Single Limit Per Occurrence ($5,000,000 Aggregate) Automobile Liability $1,000,000 Combined Single Limit Per Occurrence Automobile Physical Damage Actual cash value . (Comprehensive /Collision) Property - Building /Contents Replacement cost subject to policy limits, terms, and conditions (Fire, Theft, Rental Interruption) Employee Honesty (Crime) Subject to policy limits, terms, and conditions Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30 days written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or representatives. If you have any questions, contact: Ms. Paula Chu Tanguay, Chief Executive Officer ASCIP • 16550 Bloomfieldeerritos, CA 90703 * (562) 404 -8029 Authorized Representative: Date Issued: -6 -0 * ASCIP is ajoint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Code and Sections 39603 and 811603 of the Education Code. Rev 5 -97 17- 09 110 -OOAC e \lliance of Schools for Cooperative Insurance Programs 111 16550 Bloomfield Avenue, Cerrltw, CA 90703 (562) 404.8029 EVIDENCE OF COVERAGE El Monte Union High School District MEMORANDUM NUMBER: 17 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. CERTIFICATE HOLDER INFORMATION Jean Scott Garvey Center 9108 Garvey Avenue Rosemead, CA 91770 for: Adult Education classes Coverage Period: Effective: 7 -1 -07 Expires 12:01 a.m.: 7 -1 -08 I This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages- afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE LIMIT OF LIABILITY /COVERAGE General Liability $1,000,000 Combined Single Limit Per Occurrence Automobile Liability $1,000,000 Combined Single Limit Per Occurrence Automobile Physical Damage Actual cash value (Comprehensive/Collision) Property - Building /Contents Replacement cost subject to policy limits, terns, and conditions (Fire, Theft, Rental Interruption) Employee Honesty (Crime) ( Subject to policy limits, terms, and conditions Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration dale issued above, ASCII' will mail 30 days written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or representatives. If you have any questions, contact: Ms. Paula Chu Tanguay, Chief Executive Officer ASCIP • 12750 Center Court Drive • Suite 205 • Cerritos, CA 90703 • (562) 403 -4640 Authorized 1 Date Issued: * ASCIP is ajoint powers authority pursuant to Article /✓(commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5 -97 17- 07/08 -OOC 1 /,\ Iliance of Schools for Cooperative Insurance Programs III12750 Center Court Drive, Suite 205, Cerritos, CA 90703 (562) 403 -4640 EVIDENCE OF COVERAGE El Monte Union Nigh School District MEMORANDUM NUMBER: 17 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. CERTIFICATE HOLDER INFORMATION City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 ATTN: Ms. Kim Boris Coverage Period: Effective: 7 -1 -02 Expires 12:01 a.m.: 7 -1 -03 I This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE LIMIT OF LIABILITY /COVERAGE General Liability $1,000,000 Combined Single Limit Per Occurrence Automobile Liability $1,000,000 Combined Single Limit Per Occurrence Automobile Physical Damage Actual cash value (Comprehensive/Collision) Property - Building /Contents Replacement cost subject to policy limits, terms, and conditions (Fire, Theft, Rental Interruption) Employee Honesty (Crime) � Subject to policy limits, terms, and conditions I I Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above. ASCIP will mail 30 days written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or representatives. If you have any questions, contact: Ms. Paula Chu Tanguay, Chief Administrative Officer ASCIP • 12750 Center Court Drive • Suite 220 • Cerritos, CA 90703 • (562) 403 -4640 Authorized Representative: Date Issued: l * ASCIP is a joint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5 -97 17- 02/03 -00C Iliance of Schools for Cooperative Insurance Programs 12750 Center Court Drive, Suite 220, Cerritos, CA 90703 (562) 403 -4640 Board Report 1180 October 5, 1982 AGREEMENT THIS AGREE ?IENT is made and entered into this 14th day of September 1982, '17 and between the City of Rosemead, hereinafter called "City ", and the E1 .9onte Union High School District Adult Education Department hereinafter called "District" WITNESSETH WHEREAS, City operates and maintains public parks and certain recreation facilities, hereinafter called "City Property ", which are capable of being used by District's Adult Education Program for educational purposes and recreation activities and, WHEREAS, City and District desire to provide by contract for the use Of such City Property by District for community recreation activities and for th8 use of City Property for educational purposes and recreational purposes sponsored b; District in order to provide for a program of community recreation activities and, WHEREAS, Chapter 6, Part 23 of the Education Code, and Article 1 of Chapter 5, Division 7 of Title 1 of the Government Code authorize cities and school districts to cooperate with each other in the development and execution of adequate programs of recreation. NOW, THEREFORE, in consideration of the covenants and conditions herein - ," ter set forth and pursuant to the provisions of law hereinabove referred to, It is agreed as follows: 1. City agrees to make available to District City Recreational Facilities for education purposes and recreational activities sponsored by District. (a) The specific City Property to be used for such purposes shall be those at the Community Center including kitchen, multipurpose room, reception area and storage. The arrangement of such facilities shall he reserved by completing and having an approved Facility Use Form. (b) District will assume liability and defend and hold City harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of District officers, agents and ecpinree- occurring ph - e performance of this agreement to the extent that such liability is imposed on City by the provisions of Section 895.2 of the Government Code of chr. State of California. City will assume liability and defend and hold District harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of City officers, agents and employees occurring in the performance of this agreement to the extent that such liability is imposed on District by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to I Sections 830 et seq, of the Government Code, by reason of a dangerous condition of public property of City covered by this agreement, City shall assume liability and defend and hold District harmless from loss, costs or expenses arising from said dangerous condition, unless District officers, employees or agents were negligent in not informing City of such dangerous condition or unless. District officers or agents created said dangerous condition. (c) City shall provide all maintenance and custodial services on City Property used by District. (d) All permane i nt equipment owned by City on City Property and located within the specific areas agreed upon for use, may be used for such educational and recreational activities of District, and District shall provide all other materials and supplies to be used for such purposes. (e) District shall provide all supervisory personnel for school- sponsored activities conducted by District on City Property hereunder. (f) District shall inform the City, through the Director of Parks and Recreation, of any dangerous condition of City property, including equipment and facilities, used by the District under this agreement. 2. The term of this Agreement shall be for five (5) years, commencing on �' t• 1, 1982, provided, however, that this Agreement may be terminated on the 30th day of June of any year upon either party giving. written notice thereof to the other not later than the fifteenth day of March of such year. IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and the E1 Monte Union High School District, by order of its Board of Trustees, have caused this Agreement to be executed on each party's behalf by its duly authorized officers, the day and year first above written. ATTEST:��' CITY CLERK CITY -0 ROSEME M.nYOR EL MONTE UNI� �N HIGH SCHOOL DISTRICT � ONT A 't of schools 6 secretary to Trustees (Authorized Agent) a,� AGREEnENT THIS AGREERENT is made and entered into this 14th day of September 1982, by and between the City of Rosemead, hereinafter called "City ", and the E1 ;Monte Union High School District Adult Education Department hereinafter called "District" WITNESSETH: WHEREAS, City operates and maintains public parks and certain recreation facilities, hereinafter called "City Property ", which are capable of being used by District's Adult Education Program for educational purposes and recreation activities and, - WHEREAS, City and District desire to provide by contract for the use of such City Property by District for community recreation activities and for the - use of City Property for educational purposes and recreational purposes sponsored by District in order to provide for a program of community recreation activities and, WHEREAS, Chapter 6, Part 23 of the Education Code, and Article 1 of Chapter 5, Division 7 of Title 1 of the Government Code authorize cities and school districts to cooperate with each other in the development and execution of adequate programs of recreation. NOW, THEREFORE, in consideration of the covenants and conditions herein- after set forth and pursuant to the provisions of law hereinabove referred to, at is agreed as follows: I. City agrees to make available to District City Recreational Facilities for education purposes and recreational activities sponsored by District. (a) The specific City Property to be used for such purposes shall be those at the Community Center including kitchen, multipurpose room, reception area and storage. The arrangement of such facilities shall he reserved by completing and having an approved Facility Use Form. (b) District will assume liability and defend and hold City harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of District officers, agents and empin�ee• e performance of this agreement to the extent that such liability is imposed on City by the provisions of Section 895.2 of the Government Code c,f the State of California. City will assume liability and defend and hold District harmless from loss, costs'or expenses caused by the negligent or wrongful act or omission of City officers, agents and employees,occurring in the performance of this agreement to the extent that such liability is imposed on District by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Sections 830 et seq. of the Government Code, by reason of a dangerous condition of public property of City covered by this agreement, City shall assume liability and defend and hold District harmless from loss, costs or expenses arising from said dangerous condition, unless District officers, employees or agents were negligent in not informing City of such dangerous condition or unless-District officers or agents created said dangerous condition. (c) City shall provide all maintenance and custodial services on City Property used by District. (d) All permanent equipment owned by City on City Property and located within the specific areas agreed upon for use, may be used for such educational and recreational activities of District, and District ,, . shall provide all other materials and supplies to be used for such purposes. (e) District shall provide all supervisory personnel for school- sponsored activities conducted by District on City Property hereunder. (f) District shall inform the City, through the Director of Parks and Recreation, of any dangerous condition of City property, including equipment and facilities, used by the District under this agreement. 2. The term of this Agreement shall be for five (5) years, commencing on (`L�t. 1, 1982, provided, however, that this Agreement may be terminated on the 30th day of June of any year upon either party giving written notice thereof to the other not later than the fifteenth day of March of such year. IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and the El Monte Union High, School District, by order of its Board of Trustees, have caused this Agreement to be executed on each party's behalf by its duly authorized officers, the day and year first above written. ATTEST: ,,pp BY ter /�Yit//.b0 sti CITY CLERIC CITY O ROSEME / =By � MAYOR EL MONTE UNION HIGH SCHOOL DISTRICT By By Superintendent of Schools 6 Secretary to the Board of Trustees (Authorized Agent) SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: (626) 444-9005 This AGREEMENT made and entered into this 1st day of July, 2014 by and between the City of Rosemead hereinafter called "CITY" and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full-time Los Angeles County Sheriff's Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriff's Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full-time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his/her role is unique when compared to other staff members on the school campus. His/her on campus presence provides at-risk students a tool to resolve and/or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He/she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at-risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He/she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day- to-day activities and duties of the SRO. The SRO will be paid overtime at all school School Resource Officer Program Agreement July 1, 2014 Page 2 of 6 events which routinely pay overtime or events where other law enforcement personnel are paid overtime. AM requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non- school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriffs Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One-on-one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits/assessments of school campuses. • Special safety programs/presentations. • Faculty/staff in-service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity, Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and/or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him/her in safety programs of an educations nature. • To reflect, in his/her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civil defense, interpretation of State, County and City laws.) • School Resource Officer Program Agreement July 1, 2014 Page 3 of 6 • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his/her school that may impact the school. He/she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriffs Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his/her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. • Law Enforcement as a career. • Anti-smoking and tobacco education. • Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. School Resource Officer Program Agreement July 1, 2014 Page 4 of 6 • Law of evidence/search and seizure. • Conflict resolution. • Drug awareness. • Anti-graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriffs Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided. The maximum dollar amount for this Agreement shall be $89,601.76. 1,648 Hours @ $54.37 per hour. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2014 and ending June 30, 2015. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of seven thousand four hundred and sixty-six dollars and eighty-one cents ($7,466.81) to be made on the 25'h day of the month prior to the 1s' day of service for the next calendar month. If payment is not received prior to the 1s'day of the calendar month, the SRO will not be made available until such payment is received by the City. 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from School Resource Officer Program Agreement July 1, 2014 Page 5 of 6 any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 10.Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11.Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12.Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Nick Salerno, Superintendent 3537 Johnson Avenue El Monte, CA 91731 13.Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. School Resource Officer Program Agreement July 1, 2014 Page 6 of 6 14.Administration: This Agreement shall be administered by the City through its City Manager and/or his/her designee. This Agreement shall be administered by District through its Superintendent and/or his/her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD EL MONTE HIGH SCHOOL DISTRICT Approved by: Approved b�� Je FAIIrrd Signature City Manager 4fr6)DS c tit �I�CaPif-=� Attest: Name tea. 14 Gloria Molleda Title City Clerk 12/34-4)eft Date Approved as to Form: Rachel Richman City Attorney \MOH: JJJ Cit of Rosemead ,co ct AE 0( %JASOR PRO TEM: ll a 1 CI.nur; ���] 7 "T.I1 1 8108 r-V AI I Ir(Al ROI:I.LV ARD P.0 BOX J99 COLNCR MI-AMFRS: uq�y ,I R(Js1:NII >[l JPORNI. 41970 S'vI k♦ARlmrr.' TEl I PI IO,A IL i('261%0-2100 Pol iXIrow PAX ifi'_fi1309-92111 s it o.I∎ RECEIVED NOV 21 2014 November 17,2014 BUSINESS OFFICE Dear Amparo Becerra, Upon speaking with you on November 17,2014, I would like to present to you a new copy of the School Resource Officer Program Agreement. With this copy, would you please have the document signed and to return it to our City Clerk's office. Thank you for your cooperation. Sincerely, a Jason Loc VQ Office Specialist to City Clerk City of Rosemead 8838 E. Valley Blvd IJ t Rosemead, CA 91770 ^ i\ 1 \,} L `1 vlr I J . r\ i■ , yr\ IU be MAYOR: city of Rose / Lad WILLIAM y AT MAYOR PRO T EM: MARGARET CIARH 8838 E.VALLEY CA CALIFORNIA BOULEVARD P.O BOX 399 COUNCIL ARMFMRER9: Yp, ,4 ROSEPHONF( 2 )569 S FOLLY L ARHENiA FAXE3nONE 92 569?I W PLtiv Low FAX(6261307-921S 5 reces Lv December 09, 2014 Dear Amparo Becerra, I would like to present to you a copy of the executed contract that we spoke of dated back in November. The contract is titled School Resource Officer Program Agreement. You have any questions or concerns please contact me at(626) 569-2105. Thank you once again for your cooperation. Sincerely, /) Jason Loc Office Specialist to the City Clerk City of Rosemead 8838 E. Valley Blvd Rosemead, CA 91770 Board Report #126 October 7, 2009 EL MONTE UNION HIGH SCHOOL DISTRICT (Action - Discussion) BOARD REPORT #126 TITLE: CONSIDER APPROVAL OF AGREEMENT BETWEEN EMUHSD AND THE CITY OF ROSEMEAD FOR INSTALLATION OF A SYNTHETIC RUNNING TRACK AT THE ROSEMEAD HIGH SCHOOL STADIUM SUMMARY: The agreement between the EMUHSD and the City of Rosemead for the installation of a synthetic running track at Rosemead High School outlines the shared usage, maintenance, and cost of the new track. The City.of Rosemead has agreed to contribute sixty percent (60 %) of the cost of improvement to the track with the remaining forty (40 %) to be charged to the EMUHSD GO Bond funds. Final cost of the track will be determined upon completion of the open bid process or may be included with the lease- leaseback contractor as an addendum/change order. Once cost for the track is finalized, a board report will be submitted to the Board of Trustees for approval. RECOMMENDATION: The district administrative staff recommends approval of the contract with the City of Rosemead for the installation of a synthetic running track at Rosemead High School. CONTACT PERSONS: Anthony M. Ortega, Assistant Superintendent- Business Larry Cecil, Principal, Rosemead High School Ernany Montijo, Director of Business Services CITY OF ROSEMEAD 8838 Valley Blvd. Rosemead, CA 91770 SCHOOL RESOURCE OFFICER PROGRAM CONTRACT SCHOOL DISTRICT: El Monte Union High School District ADDRESS: 3537 Johnson Ave., El Monte, CA 91731 PHONE: (626) 444 -9005 This CONTRACT made and entered into this day of 2008 by and between City j Rosemead hereinafter called the "CITY" and the El Monte Union High School District hereinafter called the "DISTRICT." WITNESSETH: The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full -time Los Angeles County Sheriffs Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement, Dated with the County of Los Angeles Sheriff s Department. 2. School Resource Officer Program Description: First and foremost, the School Resource Officer is a full -time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the'students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units may be called as needed and may assist as needed with serious and complex cases. The SRO act's as a buffer for students at the school, as his/her role is unique when compared to other staff members on the school campus. His/her on campus presence provides at -risk students a tool to resolve and /or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He /she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at -risk students and redirects them to more positive outlets. • 11 The SRO will assist in identifying and eliminating taggers and their crews. He /she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: The SRO will work 5 eight hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with Rosemead High School, the SRO and school officials will confer to tailor the specific day -to -day activities and duties of the SRO. The SRO will be paid overtime at all school events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off needs to be made in advance, through the". chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the School Resource Officer is to be available during the hours of school operation, with all non - school related police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff Department. • Assist in student supervision on the school grounds and periphery. • Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -one counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits /assessments of school campuses. • Special safety programs /presentations. • Faculty /staff in- service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity. Duties, and Responsibilities: One of the best ways of bonding with the students is for the School Resource Officers to take an active part in the schools activities. Each SRO shall readily participate and /or support all school programs and events. • To increase students understanding and respect for law enforcement through interaction, ' on informal situations and activities. ND: 4818- 8160 -3330, v. 1 • To serve as a resource person in talks to classes, assemblies and to staff to involve him/her in safety programs of an educational nature. • To reflect, in his/her actions an understanding of the administrative responsibility of the school staff in resolving students unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i.e., Civil defense, interpretation of State, County, and City laws). • To have access to routine school information such as names, addresses, and telephone numbers. Records of a more confidential nature may be shared with the SRO by_the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The School Resource Officer does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his/her school that may impact the school. He /she may be called upon by school Principals, to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in which a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the School Resource Officer Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the School Resource Officer Program. • To intervene in potential criminal activity to "prevent" crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sport activities. • Chaperone field trips. • Red Ribbon Week Activities. • Special school programs Educational Programs: As part of his/her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. ND: 4818- 8160 -3330, v. 1 0 • Law Enforcement as a Career. • Anti- Smoking and Tobacco Education. • Gang Awareness. • Alcohol Awareness. • Personal Safety. • Traffic Safety. • Campus Safety. • Law of Evidence /Search and seizure. • Conflict Resolution. • Drug Awareness. • Anti - Graffiti Education n U Chain of Command: The chain of command for the School Resource Officer is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriff Department as well as those of the School District. While the officer is ultimately a city contract employee and employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform the rules governing both dress code and behavior toward students. While the Rosemead High School principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. The principal and Administrative staff has the obligation to direct the SRO's activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the sheriff department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, under the supervision of the Rosemead Special Assignment Sergeant. I 3. Compensation and Hours Provided The maximum dollar amount for this Agreement shall be $83,016.55. 1,815 Hours @ 45_74 per hour. 4. Term The term of this Contract shall be for the period of twelve months, beginning July 1, 2008 and ending June 30, 2009. 5. Pavment schedule: Payments shall be made monthly in the amount of six thousand nine hundred and eighteen dollar and five cents ($6918.05) to be made on the 25`h day of the month prior to the 151 day of service for the next calendar month. If payment is not received prior to the 151 day of the calendar month the SRO officer will not be made available until such payment is received by the City. 6. Location of Service: Location of work to be performed: Rosemead High School. ND: 4818- 8160 -3330, v. 1 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof. at least fifteen (15) days before the effective date of such termination. 8. HOLD HARMLESS AND INDEMNIFICATION: District shall comply with all i applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts, actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other cause based ' or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, and agents. Nothing contained in this Agreement shall limit any and all rights, which I City, its officers, employees and agents possess pursuant to California Civil Code Section 2778. 9. INSURANCE: The City, its elected and appointed officers, employees and agents shall be named as "additional insured" the District's insurance for the performance of this Agreement and the Organization shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of the contract. 10. ASSIGNMENT: Neither the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. ENTIRE AGREEMENT: This Agreement supersedes any and all Agreements either ' oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral or otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective only if it is in writing and signed by both parties. 12. NOTICES: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid, as follows: If to City: C1L1y/ek C11, 1 e, tTIM*ti.46 64 912,3? VALLEY 131VE Roselke b r CA 9/770 If to District: N`/rc� No 4818- 8160 -3330, V. 1 13. WAIVER: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. 14. ADMINISTRATION: This Agreement shall be administered by City through its City Manager and/or his designee. This Agreement shall be administered by District through its Superintendent and/or or his designee. The parties shall provide each other written notification of persons designated other than the City Manager and Superintendent to administer this Agreement. In witness whereof the parties hereunto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD EL MONTE HIGH SCHOOL DISTRICT: BY: OLIVER BY: �Selgnature Signature TITLE: CITY K^&JA -.CxeR TITLE: ass %S is f ��e� ^fey�fiz .f / I BOARD APPROVAL DATE: FUND: SC�t00 �c�Gi�-A, g� I ND: 4818-8160-3330,v. 1 Board of Trustees Tonson Man Salvador Ramirez Carlos G. Salcedo Esthete Tones de Slegrist Therese A.Velasco District Administrators Kathy M. Furnald Disttict Superintendent Anthony M. Ortega Asst. Superintendent Business Diane M. Bladen Asst. Supenntendent Adult and Alternative Education Nick J. Salerno Asst Superintendent Educational Services Dan Moms Asst. Supenntendent Personnel EIGMonte Union HighSchool District 3537 Johnson Avenue e El Monte, California 91731 (626) 444 -9005 August 11, 2008 Oliver Chi, Citv Manager City of GI Monte 8838 valley Blvd. Rosemead, CA 91770 Dear Mr. Chi: AUG 1 3 2008 Enclosed, please find a copy of the executed Contract Agreement between the El Monte Union High School District and The City of Rosemead police Department for the provision of a School Resource Officer at Rosemead High School. The Agreement was Board Approved on Wednesday, August 6, 2008. If you have anp questions, please contact my office at (626) 444 -9005, cxt. 4421. Thank you. Sincercl\ Nick Salerno Assistant Superintendent Educational Services NS:ar Enclosure