CC - Item 4D - MOU wtih El Monte Unified High School District for School Year 2024-25 Resource Deputy FundingROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND
CICITY COUNCIL
FROM: BEN KIM, CITY MANAGERI�Y —
DATE: NOVEMBER 12, 2024
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE EL MONTE UNION
HIGH SCHOOL DISTRICT FOR SCHOOL YEAR 2024-2025 SCHOOL
RESOURCE DEPUTY FUNDING
SUMMARY
The El Monte Union High School District ("District') 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 Deputy ("SRD") (Attachment A). Through an annual Agreement, the City
of Rosemead ("City") shares the cost of the SRD with the District for the hours the SRD is assigned
to Rosemead High School. The proposed Agreement (Attachment B) between the City and the
District is for the SRD Program for the 2024-2025 school calendar year. Therefore, it is
recommended that the City Council approve, and authorize and direct the City Manager to execute
the Memorandum of Understanding with El Monte Union High School District for School Year
2024-2025 School Resource Deputy funding.
DISCUSSION
The SRD Program provides Rosemead High School with a law enforcement officer for five, eight-
hour days, per week, during the school year to serve as a resource to the students and school. In
addition, the SRD attends specific school events such as dances, sporting events, and field trips.
The SRD Program has been in place since 2008 and provides 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 with the Los Angeles County
Sheriff s Department for an SRD and is requesting the City of Rosemead share the cost of the SRD
for the 180 days that comprise the 2024-2025 school year. The total cost to provide an SRD at
Rosemead High School is $247,842.72 (SRD Cost $240,624 and Liability Cost $7,218.72), and
the District is requesting the City to support 50% of the cost in the amount of $123,921.36.
/:Tll OQ117:11M_Y_W [S!]
City Council Meeting
November 12, 2024
Page 2 of 3
To offset a portion of the cost to the City, the City Manager's Office has submitted a grant to the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the U.S Department of
Justice which assists with law enforcement efforts to prevent or reduce crime and violence. Staff
anticipates an award in the amount of $13,005, which would be applied to the SRD program
providing the City with a net cost of $110,916.36.
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Approve and authorize and direct the City Manager to execute the Memorandum of
Understanding with El Monte Union High School District for School Year 2024-2025
School Resource Deputy funding; and
2. Approve the proposed use of JAG Program funds for the School Resource Deputy; and
3. Approve the City Manager to execute JAG Program related documents and amendments.
FISCAL IMPACT
The City's adopted FY 2024-25 budget includes funding for the SRD to cover the City's portion
of the costs being shared with El Monte Union High School District. The total cost share to the
City is $123,921.36; however, once the grant is applied ($13,005), the net cost would be
$110,916.36.
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:
Amanda Moreno, Senior Management Analyst
City Council Meeting
November 12, 2024
Page 3 of 3
Submitted by:
" -/I J A �
Rich6rd Rojas, As is t ity Manager
Attachment A: El Monte Union High School District Agreement with LASD
Attachment B: MOU City of Rosemead — School Resource Deputy
Attachment A
El Monte Union High School District Agreement
with LASD
u
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
PAGE
RECITALS......................................................
_.............................. .......................................................
2
1.0
SCOPE OF SERVICES.......................................................................................
2
2.0
ADMINISTRATION OF PERSONNEL...............................................................
3
3.0
DEPLOYMENT OF PERSONNEL ............................................... _.....................
4
4.0
PERFORMANCE OF AGREEMENT..................................................................
5
5.0
INDEMNIFICATION .............................................................................................
6
6.0
TERM OF AGREEMENT.....................................................................................
9
7.0
RIGHT OF TERMINATION................................................................................
9
8.0
BILLING RATES ................................................. _......................................... _.....
9
9.0
PAYMENT PROCEDURES..................................................................................
9
10.0
AMENDMENTS................................................................................................
10
11.0
ASSIGNMENT, DELEGATION, AND SUBCONTRACTING ...................
10
12.0
AUTHORIZATION WARRANTY.......................................................................
11
13.0
GOVERNING LAW,JURISDICTION, AND VENUE ......................................
it
14.0
NOTICES.................................................................I........................_...
11
15.0
VALIDITY..............................................................................................
12
16.0
WAIVER...............................................................................................
12
17.0
ENTIRE AGREEMENT.......................................................................
12
SIGNATURES..........................................................................................I.....................
13
EXHIBIT A
SCHOOL LAW ENFORCEMENT SERVICES FORM SH -AD 575
EXHIBIT B
STATEMENT OF WORT{
SCHOOL LAW ENFORCEMENT SERVICES AGREEMENT
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 day ofOl' , 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, including Exhibit B, Statement of Work. Exhibit B, Statement of
Work, delineates the responsibilities of the School Resource Deputies.
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
County and the statutes of the State of California.
2.0 ADMIMSTRATION 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
3
not be liable for compensation or indemnity to any County employee or agent of
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 This Agreement covers 180 days of the regularly scheduled academic school year.
Sheriff Department's School Resource Deputy (SRD) daily working hours are eight
hours per day, five days per week, excluding weekends, holidays, and non -student
school days. SRD hours are typically 7:00 am to 3:00 pm. Each school district and
the station command may agree to adjust the normal start time for the SRD to be
within one hour of the typical start time.
3.3 The 180 days of SRD coverage does not include summer school session(s).
However, SRD summer school coverage is available via this Agreement at the
prevailing hourly school district rate (included in Exhibit A, School Law
Enforcement Services Form SH -AD 575).
3.4 SRD summer school coverage shall be provided eight hours per day, typically from
7:00 am to 3:00 pm. Each school district and the station command may agree to
adjust the normal start time for the SRD to be within one hour of the typical start
time. There is no minimum days per week for SRD summer school coverage. If a
change occurs to a scheduled SRD summer school session shift (cancellation,
change of start time, etc.), the school shall notify the station command at least
twenty-four hours before the start of the shift to be changed.
3.5 SRD hours are not adjustable to provide coverage for after school special events;
4
however, the schools and school districts may enter into the School Supplemental
Law Enforcement Services Agreement for Special Events in order to obtain as
needed supplemental law enforcement services for said special events.
3.6 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.
3.7 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.
3.8 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.
3.9 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.
3.10 For each newly contracted SRD added to Exhibit A, School Law Enforcement
Services Form SH -AD 575, school districts shall be required to pay a one-time
startup cost to procure the use and service of a marked black and white Sheriff's
patrol vehicle. The County shall retain title and ownership of the patrol vehicle.
The patrol vehicle shall be used for the purposes of performing SRD duties. The
school district shall be invoiced for the patrol vehicle in a one-time separate billing
upon the Sheriff Department's receipt of the signed Agreement and signed Exhibit
A, School Law Enforcement Services Form SH -AD 575. The startup cost of the
patrol vehicle shall be the prevailing annual rate as determined by the Auditor -
Controller of Los Angeles County for the fiscal year in which the services shall
commence.
4.0 PERFORMANCE OF AGREEMENT
5
4.1 For the purpose of performing law enforcement services, County shall furnish and
supply all necessary labor, supervision, equipment, communication facilities, and
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
Sheriffs 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
6
services under this Agreement. With respect to 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 immunity
7
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.
8
5.7 This Section 5.0, Indemnification, shall survive termination of this Agreement
and/or final payment thereunder.
6.0 TERM OF AGREEMENT
The tern of this Agreement shall commence July 1, 2024, through June 30, 2025, unless
sooner terminated.
7.0 RIGHT OF TERMINATION
7.1 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.
7.2 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.
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.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Sheriffs 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.
0
9.2 If such payment is not delivered to the County office, which is described on said
invoice, within sixty (60) calendar days atter 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 often 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.
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 and the Public
Entity.
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.
10
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 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 Andrew B. Cruz
211 W. Temple St.
Los Angeles, California 90012
Notices to the School shall be addressed as follows:
F( gAem& c/4
ATTN:
11
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.
12
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:
DAWYN R. HARRISON
County Counsel
By _APPROVAL ON FILE_
Deputy County Counsel
COUNTY OF LOS ANGELES
By—
Robert G. Luna, Sheriff
Date /0 •/G • Zt
EL MONTE UNIOJ4 HIGH SCHOOL DISTRICT
By. ` sus SR—r/Jii�S
N e, Title
Date
13
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
SCHOOL DISTRICT LAW ENFORCEMENT SERVICES
SCHOOL DISTRICT: EI Monte Union High School District
FISCAL YEAR: 2024-2025 EFFECTIVE DATE: 7/1/2024
EXHITBIT A
EI Monte Union High School District
575 FY 2024-2025
Generated: 8/26/2024 11:0529 AM
CODE
R
SERVICES
TOTAL SERVICE UNITS PURCHASED
NEW PREVIOUS CHANGE
SERGEANT
DEPUTY SHERIFF, NON -RELIEF
2.0000 2.0000 0.0000
1.0000
DEPUTY SHERIFF, BONUS I, NON -RELIEF
0.0000 0.0000 0.0000
SERGEANT, SUPPLEMENTAL, NON -RELIEF
0.0000 0.0000 0.0000
EACH SRD SERVICE UNIT WORKS 180 REGULARLY SCHEDULED SCHOOL DAYS.
SUMMER SESSION COVERAGE IS NOT INCLUDED BUT IS AVAILABLE AT THE PREVAILING HOURLY RATE.
DEPLOYMENT SURVEY
STATION ASSIGNED TO
CAMPUS
DEPUTY
BONUS
SERGEANT
Temple
Rosemead H5
1.0000
South EI Monte HS
1.0000
SRD WORKING HOUK5 AKY KtGVLAKLT 01 11CV4LCY 91 1 r.....,....
SRDS SHALL NOT BE ADJUSTED TO WORK SUPPLEMENTAL EVENTS OUTSIDE REGULAR SCHOOL HOURS.
REPORT PREPARED BY: Mina Cho DATE: 7/29/2024
SERGEANT
APPROVAL BY:
APPROVAL BY:
PROCESSED AT CLEB BY:
E -Signed By Jorge Meza DATE: 8/9/2024 8:22:50 AM
STATION COMMANDER
E -Signed By Michael Lin DATE: 8/26/2024 9:38:16 AM
SCHOOL DISTRICT OFFICIAL "I certify that I am authorized to make this change on behalf of the School District"
E -Signed By Mina Cho DATE: 8/26/2024 9:56:10 AM
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EXHIBIT B
STATEMENT OF WORK
SCOPE OF WORK
1.1 The School Resource Deputy (SRD) principal responsibilities are the
following:
Safety and Security
Ensure Safety: Maintain a safe and secure environment on school
premises. This includes monitoring school grounds, surrounding areas,
and responding promptly to any incidents of potential criminal conduct or
emergencies.
Crisis Management: Respond to and handle crisis situations, such as
lockdowns, threats, or other law-enforcement related emergencies.
Work with School Staff: Collaborate with school administrators,
teachers, and counselors to be an active part of the school community.
The SRD shall collaborate with the school administrators in maintaining a
school safety plan.
Law Enforcement Duties
Foster Positive Relationships: Build trust and positive relationships with
students, faculty, and parents. SRD shall be approachable and accessible
to address their concerns and work toward establishing a positive learning
environment.
Trespass Prevention: Deter trespassers and unauthorized individuals
from entering school property.
Enforce the Law: Detain or arrest students who violate the law within the
school premises. This includes laws encompassed by the California Penal
Code, Vehicle Code, Health & Safety Code and Welfare & institutions
Code.
Law -Related Resources
Community Outreach: Provide law related educational information to
students, faculty, and parents. Topics can include but not limited to
information about the law, personal rights, free community programs,
health awareness and youth & child safety.
1.2 The SRD shall follow all federal/state laws and regulations, the
Department's Manual of Policy and Procedures (MPP), which includes the
SRD Manual, and the Statement of Work (SOW).
1.3 The SRD shall not be present to enforce school rules or administrative
discipline on students. The SRD shall only take law enforcement action
when criminal conduct is involved.
1.4 The SRD is prohibited from participating in school-based discipline,
including detentions, suspensions, expulsions, or truancy unless the
truancy is for off -campus conduct (i.e., students off school grounds during
school hours).
1.5 SRD response to school staff calls for service relating to student conduct
shall only be for suspected criminal conduct.
1.6 SRDs are prohibited from handcuffing a student or restraining a student
with Flex cuffs on a school campus unless necessary to address a violent
situation. Flex cuffs may only be used in emergency detentions or arrests
such as a civil disturbance or any other emergency situation where large
numbers of detentions or arrests are anticipated.
MPP 3-01/110.20 - Restraining Persons
MPP 3-011110.23 - Handcuffing Prisoners
MPP 3-01/110.24 - Use of Flex -Cuffs
1.7 The SRD shall adhere to Department policy as it relates to juvenile
detention, transportation, booking, and release.
MPP 5-02/100.00 — Detention
1.8 SRDs are prohibited from utilizing software to monitor student online
behavior without reasonable suspicion that a student is involved in
criminal activity. The SRD may be required to work with the Department
crime analysts and/or detectives to follow up on suspected online criminal
behavior/activity when specific, articulable, and credible facts demonstrate
a public safety concern justifying the monitoring. All Department members
shall be held accountable for any on -duty or off-duty conduct which has a
tendency to adversely affect, lower, or destroy public respect and
confidence in the Department, or its members.
MPP 3-01/000.10 —Professional Conduct
1.9 The SRD taking a juvenile into custody shall notify a parent, guardian, or
person having custody of the child without unnecessary delay. The SRD
shall inform them the minor is in custody and the location where the minor
is being held. When notification is not possible, the reason shall be stated
in the Incident Report (627[b] and 308(a) WIC).
MPP 5-02/040.15 - Notification of Parents and Telephone Calls
1, 10 Arrests should occur in private, away from other students. The SRD
should avoid making a custodial arrest in the counselor's or psychologist's
office.
1.11 SRDs are prohibited from removing a student from campus without a
warrant or court order unless the student presents a real and immediate
threat to students, school staff, SRDs, other persons, and/or are arrested
for a charge which requires booking at a sheriff station.
1.12 The SRD shall notify a school principal or their designee prior to
interviewing a student except to protect the privacy of a victim and/or
student and where notification would compromise an investigation. The
SRD shall document this notification either via CAD/MDC, or in any written
report documenting the contact which required notification. Reasonable
justification shall be documented if notification is not made.
1.13 All interviews should occur in a private location away from other students.
Students should be advised they may request to have a parent, guardian
or an adult of their choosing present during the interview except for when
there is an immediate threat to public safety or immediate disruption to a
criminal investigation.
1.14 Prior to interrogation, the SRD must advise the student of their Miranda
Rights in compliance with Welfare & Institutions Code section 625.6(a)
which states: Prior to a custodial interrogation, and before the waiver of
any Miranda rights, a youth 17 years of age or younger shall consult with
legal counsel in person, by telephone, or by video conference. The
consultation may not be waived. This does not apply to the admissibility of
statements of a youth 17 years of age or younger if both of the following
criteria are met: The officer who questioned the youth reasonably
believed the information the officer sought was necessary to protect life or
property from an imminent threat and officer's questions were limited to
those questions that were reasonably necessary to obtain that information.
1.15 The SRD shall create a log entry via CAD/MDC when a student is
contacted for the purpose of conducting an investigation, based on
reasonable suspicion, to determine whether the student is committing, is
about to commit, or has committed a crime. The log entry must articulate
the factual reason for the contact and summarize the outcome of the
contact. If the SRD suspects circumstances indicate a possible crime may
have occurred that warrants follow-up investigation, a report shall be
completed for the purpose of documenting the circumstances. A report
shall also be completed if it is determined a crime occurred to document
the crime and possible arrest of the student. In the event an SRD has
reasonable suspicion supported by articulable facts in which a criminal act
is about to occur, the SRD may contact the concerned students to prevent
the crime from occurring. All CAD/MDC entries and all written reports must
be maintained on file at the SRD's assigned station and provided to school
administration upon request, when applicable.
2. LASD RESPONSIBILITIES
2.1 All SRDs shall attend the 32 -hours of LASD's Mental Health Team and the
40 -hour Sheriff's Department's School Resource Deputy training prior to
being assigned as an SRD. Topics may include, but are not limited to,
youth de-escalation strategies, child and adolescent social emotional
development and mental health issues, cultural competency, federal and
state disability, anti -discrimination, and special education laws, positive
behavioral supports, strategies, and interventions, restorative justice
practices, trauma -informed practices for youth, American with Disabilities
training, mandatory reporting requirements, school safety planning, crisis
response, ethics, adolescent mental health, juvenile law, community youth
program, school safety and emergency operations, Diversion and
Respond, Observe, Assess, React (ROAR), and understanding the
adolescent brain.
When an SRD is newly assigned during the academic calendar, the
Department will provide an abridged SRD training, which may include in-
person and/or on-line resources, until a full curriculum course can be
provided during the pre -planned bi-annual 40 -hour SRD training.
Note: Abridged SRD training pending development.
2.2 LASD shall ensure all SRDs adhere to the Use of Force policy. SRDs are
authorized to use only that amount of force that is consistent with
Department policy, and which is proportional, objectively reasonable, and
reasonably appears necessary at the time to perform their duties.
"Objectively reasonable" means that Department members shall evaluate
each situation requiring the use of force in light of the known
circumstances from the perspective of a reasonable peace officer on the
scene, including, but not limited to, the severity of the crime at issue,
whether the subject poses an immediate threat to the safety of the
Department member or others, and whether the subject is actively
resisting, in determining the necessity for force and the appropriate level
of force.
The use of force against vulnerable people (children, elderly persons,
pregnant people, people with physical or developmental disabilities,
people with mental health disabilities, etc.) can particularly undermine
public trust and should be used as a last resort. Like any other use of
force, the Department will consider the totality of the circumstances when
evaluating a Department member's use of force against a vulnerable
person.
Suicidal Persons or Persons Posing a Danoer to Themselves
Department members shall not use deadly force against a person based
solely on the danger that person poses to themselves, if an objectively
reasonable peace officer would believe the person does not pose an
imminent threat of death or serious bodily injury to the Department
member or another person.
Prohibited Force
The following force options are prohibited unless deadly force is justified:
All face, head or neck strikes with an impact weapon;
Striking a person's face, head, or neck against or with a hard
object;
Kicks or knee strikes to a person's face, head, or neck.
Displavino Firearms
Unnecessarily or prematurely displaying a firearm (pistol, rifle, or
shotgun) could limit a Department member's alternatives in
controlling a situation, may create unnecessary anxiety on the part
of members of the public, and could result in an unwarranted or
unintentional discharge of the firearm. Department members are
expected to exercise sound judgment and critical decision-making
when choosing to display a firearm or point it at a person.
Department members may display a firearm to a threatening
person to help establish or maintain control in a potentially
dangerous situation if the totality of the circumstances creates an
objectively reasonable belief that it may be necessary to use the
firearm.
When a Department member displays their firearm to a threatening
person, in the absence of an imminent threat but where they
reasonably believe that a potential threat exists, based on the
totality of the circumstances, Department members should
generally point their firearm in a safe direction without pointing it at
a person.
In situations where a Department member reasonably believes an
imminent threat exists based on the totality of the circumstances,
that Department member may point their firearm at the threatening
person or animal until they no longer reasonably perceive the
threat.
MPP 3-10/020.00 - Use of Force
MPP 3-10/000.00 -Preamble to the Use of Force Policy
MPP 3-10/045.00 - Use of Deadly Force and Firearms
2.3 Pointed Firearms at Person (Reportable) Incident - Responsibilities of
Department Members Usina Force
For Pointed Firearm at Person (PFP) incidents, Department members will
verbally notify their supervisor as soon and as safely, possible. Unless
otherwise specifically directed by the watch commander/supervising
lieutenant, Department members shall complete an electronic Pointed
Firearm at Person (PFP) report prior to the member going off duty.
Department members are not required to complete the narrative portion of
the electronic PFP report if the Department member is also completing an
Incident Report (SH -R-49) or a supplemental report that will include a
thorough description of the PFP incident. In these circumstances,
Department members are to cross-reference the Incident Report (SH -R-
49) or supplemental report by recording only the URN in the narrative
portion of the PFP report.
MPP 3-10/100.00 —Use of Force Reporting —Department Member
Responsibilities
2.4 LASD shall ensure all SRDs adhere to the Conducted Energy Weapon
(CEW) policy.
While the use of a CEW involves the potential for serious injury, there may
be an even greater risk in certain situations. After a CEW is drawn,
Department members shall continue to assess the environment and the
situation. Absent emergency circumstances, Department members should
avoid using the CEW on subjects who are:
On an elevated or unstable surface which could cause a fall
that could result in significant impact injury,
Operating or riding any mode of transportation;
In water, mud, or a marsh, and the ability to move is
restricted;
Known to or believed by the member to be pregnant, under
12 years of age, elderly or visibly frail, or to have a
pacemaker;
• Near flammable or combustible fumes/liquids. This includes
subjects who have been recently sprayed with a
flammable chemical agent;
• Handcuffed, restrained, incapacitated, or immobilized, unless
doing so is necessary to prevent them from causing serious
bodily harm to themselves, or others, and if lesser attempts
of control are likely to be ineffective;
Fleeing or running away, unless the subject is an immediate
threat to themselves or others (Department members should
continually assess the situation considering the most
appropriate tactical plan); and
Department members should not intentionally activate more
than one CEW at a time on the same subject.
MPP 5-06/045.07 — CEW deployment considerations
2.5 Department members are not authorized to use either a carotid restraint or
choke holds. Any use of a carotid restraint or choke hold will be
investigated like Category 3 force with a mandatory Internal Affairs Bureau
(IAB) rollout.
Department members shall not use any restraint method that involves a
substantial risk of compressing a subject's airway and reducing the ability
to sustain adequate breathing. When Department members use pressure
or body weight in an attempt to control a subject who is resisting, they may
not use that pressure or body weight in a manner that has a substantial
risk of interfering with the subject's breathing. Department members will
immediately cease applying body weight or pressure to a subject's back,
head, neck, chest, or torso once the subject is restrained and other control
tactics are reasonably available other than the use of pressure or body
weight.
To help reduce the risk of positional asphyxia, after Department members
have handcuffed or otherwise restrained a subject using an approved
method, as soon as it is reasonably safe and feasible, Department
members shall turn the subject onto their side, allow the subject to sit up,
or position the subject in a manner to allow unobstructed
breathing. Department members will make all reasonable efforts to
ensure that the subject is not left face down in a prone position for longer
than that which reasonably appears necessary to gain control. Department
members will make all reasonable efforts to prevent the restrained subject
from being left unattended.
California Government Code Section 7286.5 (a)(1)
MPP 3-10/025.00 — Carotid Restraint and Choke Holds
MPP 3-10/080.00 — Preventing Compressional and Positional
Asphyxia
2.6 LASD shall ensure all SRDs provide equal protection of the law without
bias based on actual or perceived race, color, ethnicity, national origin,
religion, gender, gender identity, disability, sexual orientation, or age, in
accordance with the rights secured or protected by the Constitution or
laws of the United States.
MPP 3-01/000.05 - Bias - Free Policing
2.7 LASD shall ensure all SRDs, while on duty, are prohibited from exhibiting
any tattoo, branding, or other form of body art which may be seen by
another person.
MPP 3-01/050.80 - Grooming and Dress Standards
2.8 SRDs are prohibited from displaying any known extremist symbols while
on duty.
2.9 LASD shall ensure all SRDs, while on duty, adhere to Department policy
on political activity, which prohibits engaging in any political activity
whatsoever during working hours or on County premises including, but not
limited to, the display of political posters, stickers, signs, or similar
materials.
MPP Section 3-01/070.05 —Political Activity
2.10 LASD shall ensure all SRDs not participate or join in any group of
Department employees which promotes conduct that violates the rights of
other employees or members of the public.
Participation in these illicit groups, herein referred to as "deputy cliques" or
"subgroups" which often include an associated symbol and/or tattoo,
harms morale and erodes public trust. These groups undermine the
Department's goals and can create a negative public perception of the
Department, increasing the risk of civil liability to the Department and
involved personnel.
MPP 3-01/050.83 - Employee Groups which Violate Rights of Other
Employees or Members of the Public
2.11 LASD must report annually to the Board of Supervisors disaggregated
data on student interactions with SRDs to evaluate the reasonableness of
such interactions and ensure compliance with the prohibition against
discrimination. Such reports may include the number of arrests and
referrals for prosecution, the number of reports provided to the school or
district regarding student misconduct, or other actions taken by SRDs with
respect to individual students or others on campus.
2.12 LASD must publish CAD/MDC system statistics on all SRD contacts with
students. LASD must also track and publish data on SRD contacts
resulting in uses of force on students and the level of force used.
2.13 LASD will have a well-publicized formal complaint process open to pupils,
families, and community members to report incidents of possible peace
officer misconduct at schools or during interactions with pupils.
2.14 LASD will maintain an electronic database of all complaints.
2.15 LASD shall work on providing an SRD Manual to be completed by
September 30, 2024, and pending the approval of the Office of the
Inspector General.
Attachment B
MOU Between City of Rosemead
and School District for
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 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 Sheriffs 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:
EI 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 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
Ben Kim, City Manager
ATTEST:
M
Ericka Hernandez, City Clerk
Approved as to Form:
Rachel Richman, City Attorney
Date:
EL MONTE UNION HIGH SCHOOL DISTRICT
C•
Dr. Michael Lin
Assistant Superintendent of Business Services