CC - Item 4E - El Monte Union High School District 2021-2022 School Resource Deputy Funding RequestROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, ACTING CITY MANAGER
DATE: APRIL 26, 2022
SUBJECT: EL MONTE UNION HIGH SCHOOL DISTRICT 2021-2022 SCHOOL
RESOURCE DEPUTY FUNDING REQUEST
SUMMARY
In March 2020, with the COVID-19 outbreak, Rosemead High School closed and transitioned to
distance learning and the on -campus School Resource Deputy (SRD), under the City's contract,
was reassigned to the City's Sheriff's Deputy duties. In August of 2021, Rosemead High School
reopened for in -class learning, and the District entered into its own SRD Agreement with the
Sheriff's Department for the remainder of the 2021-2022 school year (57 -days). Subsequently,
the City received a cost-sharing funding request from the El Monte Union High School District's
Superintended, Mr. Edward Zuniga, requesting assistance to partially fund the SRD at Rosemead
High School for the remainder of the 2021-2022 school year.
DISCUSSION
Since 2008, the City has provided an SRD at Rosemead High School under the City's contract
with the Sheriff's Department on an equal cost-sharing Agreement with the El Monte Union High
School District. The SRD worked five (5), eight-hour days per week in addition to attending
specific school events such as dances, sporting events, and field trips. As an example, the cost for
SRD for the 2019-2020 school year was $255,481, which the City and the District each funded
one-half which equaled $127,740. The SRD Program provided Rosemead High School with a
safety net for students on the school campus and has a uniquely vital role compared to other school
staff members. The presence of the Deputy provides at -risk students a means to resolve and/or
avoid conflicts that would likely occur without their presence.
El Monte Union High School District entered into an Agreement (Attachment A) with the Los
Angeles County Sheriff s Department for an SRD and is requesting the City of Rosemead to share
the cost of the SRD for the 57 days remaining in the 2021-2022 school year. The cost to provide
an SRD at Rosemead High School is $69,126.33 (SRD Cost $67,112.94 and Liability Cost
$2,013.39), and the District is requesting the City to consider paying 50% of the cost in the amount
of $34,563.16.
AGENDA ITEM 4.E
City Council Meeting
April 26, 2022
Page 2 of 2
STAFF RECOMMENDATION
Staff recommends that the City Council approve and authorize the Acting City Manager to execute
the cost-sharing Agreement (Attachment B) with El Monte Union School District to fund the SRD
position in the amount of $34,563.16. This would amount to the one-half cost of the SRD's total
amount of $69,126.33 for 57 days remaining in the school year.
FISCAL IMPACT
The City's Adopted FY 2021-22 Budget includes a Contingency line item for this type of
unexpected expense that often occur during the year. If this item is approved, staff will transfer
the funds from the contingency account to a new Contribution — SRD line item within the General
Services department budget.
STRATEGIC PLAN IMPACT
This item is consistent with the City's 2030 Strategic Plan Goal A - Safety, which focuses on
enhancing public safety by providing safe access to public facilities, expanding neighborhood
safety programs, and improving quality of life, including assisting homeless residents in our
community.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
S �
Daisy Gu , Senior Management Analyst
Attachment A: El Monte Union High School District Agreement with LASD
Attachment B: MOU City of Rosemead - School Resource Deputy
Attachment C: Los Angeles County Sheriff's Department — Hours of Services and Charges
Attachment A
El Monte Union High School District Agreement
with LASD
SCHOOL LAW ENFORCEMENT SERVICES AGREEMENT
FOR SCHOOL RESOURCE DEPUTY PROGRAM
BY AND BETWEEN .
COUNTY OF LOS ANGELES
AND
EL MONTE UNION HIGH SCHOOL DISTRICT
TABLE OF CONTENTS
PARAGRAPH
TITLE
RECITALS.............................................................................................................................................
1.0
SCOPE OF SERVICES..................................................... .........................
2.0
ADMINISTRATION OF PERSONNEL............................................................
3.0
DEPLOYMENT OF PERSONNEL......................................................................
4.0
PERFORMANCE OF AGREEMENT..................................................................
5.0
INDEMNIFICATION .............................................................................................
6.0
TERM OF AGREEMENT.....................................................................................
7.0
RIGHT OF TERMINATION................................................................................
8.0
BILLING RATES............................................................................................. . .
9.0
PAYMENT PROCEDURES...........................................................I.................
10.0
AMENDMENTS................................................................................................
11.0
ASSIGNMENT, DELEGATION, AND SUBCONTRACTING ...................
12.0
AUTHORIZATION WARRANTY.......................................................................
13.0
GOVERNING LAW, JURISDICTION, AND VENUE ......................................
14.0
NOTICES.................................................................... .................
15.0
VALIDITY..............................................................................................
16.0
.. .... ..... .........
WAIVER ......................................... .... .......... ....................
17.0
ENTIRE AGREEMENT........................................................I..........I.
SIGNATURES.............................................................................
.............................
EXHIBIT A
SCHOOL LAW ENFORCEMENT SERVICES FORM SH -AD 575
SCHOOL LAW ENFORCEMENT SERVICES AGREEMENT
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FOR SCHOOL RESOURCE DEPUTY PROGRAM
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
EL MONTE UNION HIGH SCHOOL DISTRICT
This School Law Enforcement Services Agreement for School Resource Deputy Program
("Agreement") is made and entered into this Zy day of rES9_tJAA%i , 20?Z, by and
between the County of Los Angeles ("County") and the EL MONTE UNION HIGH SCHOOL
DISTRICT ("School")
RECITALS
(a) Whereas, the Los Angeles County Sheriff's Department ("Sheriffs Department")
operates a School Resource Deputy Program which provides full-time law enforcement
services to schools and school districts within Los Angeles County; and
(b) Whereas, the School is desirous of contracting with the County for the performance of
law enforcement services by the Sheriffs Department as described herein; and
(c) Whereas, the County is agreeable to rendering such services on the terms and conditions
set forth in this Agreement; and
(d) Whereas, this Agreement is authorized by Section 56 3/4 of the Charter of the County of
Los Angeles, California Government Code Sections 53060 and 53069.8, and/or
California Education Code Section 35160.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good
and valuable consideration, the parties hereby agree as follows:
1.0 SCOPE OF SERVICES
1.1 The County agrees, through the Sheriff of the County of Los Angeles, to provide
law enforcement services for the School to the extent and in the manner set forth
in this Agreement.
1.2 Except as otherwise specifically set forth in this Agreement, law enforcement
services shall encompass duties and functions of the type coming within the
jurisdiction of and customarily rendered by the Sheriff under the Charter of the
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County and the statutes of the State of California.
2.4 ADMINISTRATION OF PERSONNEL
2.1 The rendition of the services performed by the Sheriffs Department, the standards
of performance, the discipline of officers, and other matters incident to the
performance of such services and the control of personnel so employed shall
remain with the County.
2.2 In the event of a dispute between the parties to this Agreement as to the extent of
the duties and functions to be rendered hereunder, or the minimum level or
manner of performance of such service, the School shall be consulted and a
mutual determination thereof shall be made by both the Sheriffs Department and
the School..
2.3 With regard to sections 2.1 and 2.2 above, the Sheriff, in an unresolved dispute,
shall have final and conclusive determination as between the parties hereto.
2.4 All School employees who work in conjunction with the Sheriffs Department
pursuant to this Agreement shall remain employees of the School and shall not
have any claim or right to employment, civil service protection, salary, or benefits
or claims of any kind from the County based on this Agreement. No School
employees shall become employees of the County.
2.5 For the purpose of performing services and functions pursuant to this Agreement
and only for the purpose of giving official status to the performance thereof, every
County officer and/or employee engaged in performing any such service and
function shall be deemed to be a representative of the School while performing
such service for the School, as long as the service is within the scope of this
Agreement.
2.6 The EL MONTE UNION HIGH SCHOOL DISTRICT shall not be called upon to
assume any liability for the direct payment of any Sheriffs Department salaries,
wages, or other compensation to any County personnel performing services
hereunder for said School. Except as herein otherwise specified, the School shall
not be liable for compensation or indemnity to any County employee or agent of
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the County for injury or sickness arising out of his/her employment as a contract
employee of the School.
2.7 As part of its compliance with all applicable laws and regulations relating to
employee hiring, the County agrees that the County Civil Service Rules to which
it is subject, and which prohibit discrimination on the basis of non -merit factors,
shall for purposes of this Agreement be, read and understood to prohibit
discrimination on the basis of sexual orientation.
3.0 DEPLOYMENT OF PERSONNEL
3.1 As requested by the School, law enforcement services under this Agreement may
be performed by dedicated deputy personnel and/or dedicated supervisory
personnel.
3.2 As requested by the School, the Sheriffs Department shall provide personnel to
perform services under this Agreement as set forth in Exhibit A, School Law
Enforcement Services Form SH -AD 575, of this Agreement.
3.3 A new Exhibit A, School Law Enforcement Services Form SH -AD 575, shall be
authorized and signed annually by the School and the Sheriff or his designee on or
before July 1, and attached hereto as an Amendment to this Agreement, to reflect
the level of service for the upcoming Agreement year.
3.4 Should the School request a change in the level of service other than pursuant to
the annual July 1 readjustment, an additional Exhibit A, School Law Enforcement
Services Form SH -AD 575, shall be signed and authorized by the School and the
Sheriff or his designee and attached hereto as an Amendment to this Agreement,
to reflect the revised level of service.
3.5 The most recent dated and signed Exhibit A, School Law Enforcement Services
Form SH -AD 575, attached to this Agreement shall be the staffing level in effect
between the County and the School.
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing law enforcement services, County shall furnish and
supply all necessary labor, supervision, equipment, communication facilities, and
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supplies necessary to maintain the agreed level of service to be rendered
hereunder.
4.2 Notwithstanding the foregoing, the School may provide additional resources for
the County to utilize in performance of the services.
4.3 When and if both parties to this Agreement mutually agree as to the necessity of
maintaining a law enforcement headquarters or Sheriff's Department substation
within the School or at schools which would not normally be provided by the
Sheriff's Department, the School shall furnish at its own cost and expense all
necessary office space, furniture and furnishings, office supplies, janitor service,
telephone, electricity, water, and other utilities.
4.4 It is expressly further understood that in the event a local office or building is
maintained in said School, such local office or building may be used by the
Sheriff of the County of Los Angeles in connection with the performance of his
duties in territory outside of the School, provided, however, that the performance
of such outside duties shall not be at any additional cost to the School.
4.5 It is mutually agreed that in all instances where special supplies, stationery,
notices, forms, and the like must be issued in the name of said School, the same
shall be supplied by the School at its own cost and expense.
5.0 INDEMNIFICATION
5.1 Subject to the limitations stated in this Section 5.0, Indemnification, or elsewhere,
the County shall indemnify, defend, and hold harmless the School, its officers,
directors, employees, and agents (collectively, "School Indemnified Parties")
from and against any and all liability, expense (including but not limited to
defense costs and attorney's fees), claims, causes of action, and lawsuits for
damages, including, but not limited to, bodily injury, death, personal injury or
property damage (including property of the County) arising from or connected
with any negligent, intentional, or reckless act or omission of the County, its
Agencies and Departments, their respective deputies, officers, Board of
Supervisors, elected and appointed officials, directors, employees, agents, or
representatives while providing services under this Agreement. With respect to
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any action or claim within the scope of this Section 5.1, the County shall have the
right to use counsel of its own choice, at its sole costs and expense, to defend
School Indemnified Parties, and shall have the right to adjust, settle, or
compromise any such action or claim without the prior consent of the School
Indemnified Parties; provided, however, that such adjustment, settlement, or
compromise in no manner whatsoever limits or circumscribes the County's
indemnification of the School Indemnified Parties. The County's obligations
hereunder shall be satisfied when the County has provided to the School
Indemnified Parties the appropriate form of dismissal (or similar document)
relieving the School from any and all liability for the action or claim involved.
5.2 Notwithstanding anything contained herein or stated elsewhere, the County shall
have no obligation or liability, including any obligation to indemnify or defend
any School Indemnified Parties (a) based or asserted upon any failure to prevent
any crime or tortious act, (b) for any injury, loss, or damage caused directly or
indirectly by a criminal or tortious act of anyone other than the County, its
Agencies and Departments, their respective deputies, officers, Board of
Supervisors, elected and appointed officials, directors, employees, agents, or
representatives, while providing services under this Agreement, or (c) for any
injury, loss or damage caused by any means whatsoever based or asserted upon
any failure to be at any specific location at any time(s) while performing services
under this Agreement.
5.3 The School understands and agrees that the school law enforcement services and
the school resource deputies provided hereunder are not intended or expected to
accomplish patrolling or law enforcement at any particular school at any
particular time, or to prevent crime or wrongdoing from occurring at any
particular place or time.
5.4 Notwithstanding anything contained herein, the County's obligations hereunder to
the School or any School Indemnified Party shall be limited by any immunity of
freedom from suit or liability provided by law, including but not limited to those
stated in California Government Code sections 818.2 and 845, as if such
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immunity or legal provision were incorporated in full in this Agreement and made
applicable to the School and all School Indemnified Parties.
5.5 The School shall indemnify, defend, and hold harmless the County, its Agencies
and Departments, their respective deputies, officers, Board of Supervisors, elected
and appointed officials, directors, employees, agents, and representatives
(collectively, "County Indemnified Parties") from and against any and all liability,
expense (including, but not limited to defense costs and attorneys' fees), claims,
causes of action, and lawsuits for damages of any nature whatsoever, including
but not limited to bodily injury, death, personal injury or property damage
(including property of the School ), based or asserted upon any act or omission of
the School, its officers, directors, employees, agents, or representatives arising out
of or in any way relating to this Agreement. With respect to any action or claim
within the scope of this Section 5.5, the School shall have the right to use counsel
of its own choice, at its sole cost and expense, to defend the County Indemnified
Parties and shall have the right to adjust, settle, or compromise any such action or
claim without the prior consent of the County Indemnified Parties if the indemnity
tender by the County Indemnified Parties is accepted without a reservation of
rights; provided, however, that such adjustment, settlement, or compromise in no
manner whatsoever limits or circumscribes School's indemnification of the
County Indemnified Parties. The School's obligations hereunder shall be satisfied
when the School has provided to the County Indemnified Parties the appropriate
form of dismissal (or similar document) relieving the County Indemnified Parties
from any and all liability for the action or claim involved. Any insurance
coverage shall in no way limit or circumscribe the School's obligations to
indemnity and hold harmless the County.
5.6 The School shall provide and maintain a program of liability insurance, which
includes comprehensive general liability and comprehensive auto liability
coverage, a program of self-insurance, or any combination thereof, at the School's
sole option and discretion, to satisfy the School's indemnity obligations under this
Agreement.
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5.7 This Section 5.0, Indemnification, shall survive termination of this Agreement
and/or final payment thereunder.
6.0 TERM OF AGREEMENT
The term of this Agreement shall commence July 1, 2021 or upon execution by the
Sheriff, whichever is later, and shall terminate June 30, 2022, unless sooner terminated or
extended in whole or. in part as provided for herein.
7.0 RIGHT OF TERMINATION
7.1 Either party may terminate this Agreement as of the first day of July of any year
upon notice in writing to the other party of not less than sixty (60) calendar days
prior thereto.
7.2 Notwithstanding any provision herein to the contrary, the School may terminate
this Agreement upon notice in writing to the County given within sixty (60) days
of receipt of written notice from the County of any increase in the rate for any
service to be performed hereunder, and in such an event this Agreement shall
terminate sixty (60) calendar days from the date of the School's notice to the
County.
7.3 This Agreement may be terminated at any time, with or without cause, by either
party upon written notice given to the other party at least sixty (60) calendar days
before the date specified for such termination.
7.4 In the event of a termination, each, party shall fully discharge all obligations owed
to the other party accruing prior to the date of such termination, and each party
shall be released from all obligations, which would otherwise accrue subsequent
to the date of termination.
8.0 BILLING RATES
8.1 For and in consideration of the rendition of the law enforcement services to be
performed by the County for the School under this Agreement, the School shall
pay the County for said services provided by County under the terms of this
Agreement at the appropriate and prevailing billing rates set forth on Exhibit A,
School Law Enforcement Services Form SH -AD 575, as established by the
County Auditor -Controller.
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8.2 The billing rates set forth on Exhibit A, School Law Enforcement Services Form
SH -AD 575, shall be readjusted annually by the County Auditor -Controller
effective July 1 of each year to reflect the cost of such service. In such case, the
annual rate readjustment shall be attached to this Agreement as an Amendment
consistent with Section 10.0, Amendments, of this Agreement to reflect the
change in billing rates each fiscal year.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Sheriff's Department, shall render to the School a
summarized invoice which covers all services performed during said month, and
the School shall pay County for all undisputed amounts within sixty (60) calendar
days after date of said invoice.
9.2 If such payment is not delivered to the County office, which is described on said
invoice, within sixty (60) calendar days after the date of the invoice, the County is
entitled to recover interest thereon.
9.3 In the event of any disputed amounts, the School shall provide the County with
written notice of the dispute including the invoice date, amount, and reasons for
dispute within ten (10) calendar days after receipt of the invoice. The parties shall
memorialize the resolution of the dispute in writing. For any disputed amounts,
interest shall accrue if payment is not received within sixty (60) calendar days
after the dispute resolution is memorialized.
9.4 Said interest shall be at a rate of ten percent (10%) per annum or any portion
thereof, calculated from the date payment was due pursuant to Section 9.2 and
Section 9.3 above.
9.5 Notwithstanding the provisions of California Government Code section 907, if
payment is not delivered to the County office which is described on said invoice
within sixty (60) calendar days after date of the invoice or the date of
memorialized resolution, then the County may satisfy such indebtedness,
including interest thereon, from any funds of the School on deposit with the
County without giving further notice to the School of the County's intention to do
SO.
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10.0 AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a
written Amendment duly executed by authorized personnel of the County Board of
Supervisors and the School. Notwithstanding, the Sheriff or his designee shall be
authorized to execute, on behalf of the County, those Amendments and/or supplemental
agreements referenced in Sections 3.3, 3.4, 8.2, and 9.3 of this Agreement.
11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
A party shall not assign its rights and/or subcontract, or otherwise delegate, its duties
under this Agreement, either in whole or in part, without the prior written consent of the
other party, and any attempted assignment or delegation without such consent shall be
null and void.
12.0 AUTHORIZATION WARRANTY
The School represents and warrants that the person executing this Agreement for the
School is an authorized agent who has actual authority to bind the School to each and
every term, condition, and obligation of this Agreement and that all requirements of the
School have been fulfilled to provide such actual authority.
13.0 GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of California. The parties agree and consent to the exclusive jurisdiction of the
courts of the State of California for all purposes regarding this Agreement and further
agree and consent that venue of any action brought hereunder shall be exclusively in the
County of Los Angeles.
14.0 NOTICES
Unless otherwise specified herein, all notices or demands required or permitted to be
given or made under this Agreement shall be in writing and shall be hand delivered with
signed receipt or mailed by first class registered or certified mail, postage prepaid,
addressed to the parties at the following addresses and to the attention of the person
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named. Addresses and persons to be notified may be changed by either party by giving
ten (10) calendar days prior written notice thereof to the other party.
Notices to the County shall be addressed as follows:
Los Angeles County Sheriffs Department
Contract. Law Enforcement Bureau
Attn: Captain Sergio V. Escobedo
211 W. Temple St.
Los Angeles, California 90012
Notices to the School shall be addressed as follows:
el fty4c tAi o A *ii 504'ao1 P�&Wc-f
hvts om a►•c G`1 R X131
ATTN: �u ('� c+ l , ,Sst.
15.0 VALIDITY
If any provision of this Agreement or the application thereof to any person or
circumstance is held invalid, the remainder of this Agreement and the application of such
provision to other persons or circumstances shall not be affected thereby.
16.0 WAIVER
No waiver by the parties of any breach of any provision of this Agreement shall
constitute a waiver of any other breach or of such provision. Failure of the parties to
enforce at any time, or from time to time, any provision of this Agreement shall not be
construed as a waiver thereof.
17.0 ENTIRE AGREEMENT
This Agreement, including Exhibit A, and any executed Amendments hereto or thereto,
constitute the complete and exclusive statement of understanding of the parties which
supersedes all previous agreements, written or oral, and all communications between the
parties relating to the subject matter of this Agreement. No change to this Agreement
shall be valid unless prepared pursuant to Section 10.0, Amendments, of this Agreement
and signed by both parties.
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SCHOOL LAW ENFORCEMENT SERVICES AGREEMENT
FOR SCHOOL RESOURCE DEPUTY PROGRAM
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
EL MONTE UNION HIGH SCHOOL DISTRICT
IN WITNESS WHEREOF, the Los Angeles County Board of Supervisors has caused this
Agreement to be executed on its behalf by the Sheriff of Los Angeles County, and the School has
caused this Agreement to be executed on its behalf by its duly authorized officer, on the dates
written below.
APPROVED AS TO FORM:
RODRIGO A. CASTRO-SILVA
County Counsel
By APPROVAL ON FILE
Deputy County Counsel
COUNTY OF LOS ANGELES
By _=
Alex Villanuev heriff
tj
Date a2/%
EL MONTE U N HIGH SCHOOL DISTRICT
By .6WAAR, ►&,4
Name, Title
Date Da/ Y A01 t
�—
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Attachment B
MOU City of Rosemead — School Resource Deputy
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
26th day of April 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 CITY wishes to financially assist the SRD at Rosemead High School,
9063 Mission Dr., Rosemead, CA 91770, ("Rosemead High School") for services provided by Los
Angeles County Sheriff s Department as outlined in Exhibit A ("Agreement"), 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 outlines in Exhibit A attached hereto and incorporated by
reference ("RSD Services"). The estimated cost of the services is $69,126.33.
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II. FUNDING.
a. The District will enter into an agreement with Los Angeles County Sheriff's
Department for RSD Services for Rosemead High School for 2021-2022 school
year, effective
b. City shall contribute 50% of the cost of for RSD Services, in an amount not to
exceed $34,563.16. Full payment will be made no later than 20 days following
execution of the agreement by both the City and School 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 2021-2022 school year.
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 RSD 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
Rosemead, CA 91770
Attn: Edward Zuniga, Superintendent
CITY:
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
Attn: Ben Kim, Acting 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.
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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 Part shall give the other Parry 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 Parry warrants
4
that the individuals who has signed this MOU have the legal power, right, and authority to
make this MOU and bind each respective Parry.
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]
5
CITY OF ROSEMEAD
Ben Kim
Acting City Manager
ATTEST:
Ericka Hernandez
City Clerk
Approved as to Form:
:•
Rachel Richman
City Attorney
Date:
APPROVED AS TO FORM:
EL MONTE UNION HIGH SCHOOL
DISTRICT
I:`
Title:
0
Attachment C
Los Angeles County Sheriff s Department — Hours
of Services and Charges
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
SCHOOL DISTRICT LAW ENFORCEMENT SERVICES
EXHIBIT A
SCHOOL DISTRICT: El Monte Union High School District
FISCAL YEAR: 2021-2022 EFFECTIVE DATE: 1 -Jul -21
CODE
#
CONTRACT
SERVICES TOTAL SERVICE UNITS PURCHASED LAW
I NEW PREVIOUS CHANGE USE ONLY
SCHOOL RESOURCE DEPUTY SERVICE UNIT 2.0000
0.0000
2.0000
SCHOOL RESOURCE DEPUTY SERVICE UNIT B1 0.0000
0.0000
0.0000
SERGEANT 0.0000
0.0000
0.0000
EACH SRU SERVICE UNIT WORKS 180 REGULARLY SCHEDULED SCHOOL DAYS.
SUMMER SESSION COVERAGE IS NOT INCLUDED BUT IS AVAILABLE AT THE PREVAILING HOURLY RATE,
DEPLOYMENT SURVEY
FATTION
ASSIGNED TO CAMPUS DEPUTY BONUS 1 SERGEANT C801LET
m le Rosemead HS 1.0000
South EI Monte HS 11 1.0000
SRD WORKING HOURS ARE REGULARLY SCHEDULED SCHOOL HOURS.
SRDS SHALL NOT BE ADJUSTED TO WORK SUPPLEMENTAL EVENTS OUTSIDE REGULAR SCHOOL HOURS.
REPORT PREPARED BY: Sergeant Mina Ch DATE: 12/20/2021
APPROVED BY: DATE:
STAMON COMMANDER
APPROVED BY: ` DATE:
SCHOOL DIST CT FICIAL "I codify that I am authodzed to make this change on beha f of the'school District"
PROCESSED AT CLEB BY: DATE:
NO YES
BILLING MEMO REQUIRED:
*BLUE' REQUIRED:
SHAD 575 (REV. Oil 6)
HOURS OF SERVICE & CHARGES
EI Monte Union High School District
SERVICE UNITS
UNIT
COST
TOTAL
UNITS
PURCHASED
I TOTAL
UNITCOST
LIABILITY
03%
TOTAL
COST WITH
LUIIILITY
11YEARLY
HOURS PER
SERVICE UNIT
ANNUAL
GOAL
HOURS
ANNUAL
ORAL
MINUTES
PERSONNEL
REQUIRED
SWORN ITEMS
Deputy Generalist 40 hour non relief
211.835.00:
2
$413,970.00
$12,710.10
$us 5111.11
2 880
172 800
2.0000
Deputy,Bonus 1, 40 hour non rellef
Seraeont, 40 hour non relief
230 Y1f:00'
27 `3A:OOi
110.00
$0.00
w.00
$0,00
so.
$0.00
0
0
0.0000
0
0.0000
S 42$110.00
LIABILITY Q$%- t12.71e.10
TOTAL ESTIMATED COST
611.110
DEPUTY
DEPUTY, s-1
SGT
HOURS
2,880
0
0
172,800
0
0
2.0000
0.0000
0.0000
"Planes Note: Since the school year has already started, this rete will be reduced by the number of regular academic school days that have already
passed and for which service will not been provided. 1110 regular academic school days minus the number of school days that have already passed up to
when LAOD starts service. The revised cost cannot be determined until the agreement Is In piece and LASD actually begins ORD services. This
statement was Included as on explonantion as to why the full cost is Indicated. This cost reduction will not include days for any elective time an ORD
may take during the regular school year as this position is costed as a non-rellef position meaning If the ORD takes a day off or calls In sick during the
school year, there will be no relief personnel provided nor will any further cost adjustments be made as a result of time off.