CC - Item 5G - MOU with the El Monte Union High School District for School Year 2022-2023 School Resource Deputy FundingROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: SEPTEMBER 13, 2022
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE EL MONTE UNION
HIGH SCHOOL DISTRICT FOR SCHOOL YEAR 2022-2023 SCHOOL
RESOURCE DEPUTY FUNDING
SUMMARY
The El Monte Union High School District ("District") contracts with the Los Angeles County
Sheriff's Department for a School Resource Deputy ("SRD") that is assigned to Rosemead High
School(Attachment A). Through an annual Agreement, the City of Rosemead ("City") has shared
the cost of the SRD with the District on an equal allocation. The proposed Agreement (Attachment
B) between the City and the District is for the SRD Program for the 2022-2023 school calendar
year. 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 2022-2023 SRD funding.
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 SRD 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 2022-2023 school year. The total cost to provide an SRD at
Rosemead High School is $224,018.82 (SRD Cost $217,494 and Liability Cost $6,524.82), and
the District is requesting the City to support 50% of the cost in the amount of $112,009.41.
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
AGENDA ITEM 5.G
City Council Meeting
September 13, 2022
Page 2 of 2
Justice which assists with law enforcement efforts to prevent or reduce crime and violence. Staff
anticipates an award in the amount of $14,263, which would be applied to the SRD program
providing the City a net cost of $97,746.41.
STAFF RECOMMENDATION
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 2022-2023 School Resource Deputy funding.
FISCAL IMPACT
The City's adopted FY 2022-23 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 $112,009.41; however, once the grant is applied ($14,263), the net cost would be
$97,746.41.
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
olyst
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Michael Bruckner, Assistant City 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
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..................................................................................
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.......................................................................
SIGNATURES................................................................................................................
EXHIBIT A
SCHOOL LAW ENFORCEMENT SERVICES FORM SH -AD 575
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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
This School Law Enforcement Services Agreement for School Resource Deputy Program
("Agreement") is made and entered into this day of , 20_, 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 terns 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
County and the statutes of the State of California.
2.0 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 Sheriff's 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 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;
however, the schools and school districts may enter into the School Supplemental
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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
Foran 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 Sheriffs
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.
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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
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 Sheriffs 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
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appointed officials, directors, employees, agents, or representatives while providing
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
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stated in California Government Code sections 818.2 and 845, as if such 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 indemnity, 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
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sole option and discretion, to satisfy the School's indemnity obligations under this
Agreement.
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, 2022 or upon execution by the Sheriff,
whichever is later, and shall terminate June 30, 2024, unless sooner terminated or extended
in whole or in part as provided for herein. The term of this Agreement may be extended
for one (1) additional 12 -month period, subject to prior approval by the County Board of
Supervisors.
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.
W
9.0 PAYMENT
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.
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 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.
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11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
A parry 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 AU'T'HORIZATION 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 Sergio V. Escobedo
211 W. Temple St.
Los Angeles, California 90012
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Notices to the School shall be addressed as follows:
ATTN:
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.
COUNTY OF LOS ANGELES
By
Alex Villanueva, Sheriff
Date
EL MONTE HIGH SCHOOL DISTRICT
By ,
Name, Title FD 2vA/�Cry1 SW'fR�w.�1WDfKT
Date
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
By APPROVAL ONF/LE
Deputy County Counsel
13
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
SCHOOL DISTRICT LAW ENFORCEMENT SERVICES
EXHIBIT A
SCHOOL DISTRICT: El Monte Union High School District
FISCAL YEAR: 2022-2023 EFFECTIVE DATE: 1 -Jul -22
CODE
E
SERVICES
TOTAL SERVICE UNITS PURCHASED
NEW PREVIOUS CHANGE
CONTRACT
LAW
USE ONLY
SCHOOL RESOURCE DEPUTY SERVICE UNIT
2.0000
2.0000
0.0000
SCHOOL RESOURCE DEPUTY SERVICE UNIT B11
0.0000
0.0000
0.0000
SERGEANT
0.0000
0.0000
0.0000
cA� 511
D JCRVIVC UNI I YYUKAJ IOU KCUULAKLT SUKCUULEU SGHDOL DAYS.
SUMMER SESSION COVERAGE IS NOT INCLUDED BUT IS AVAILABLE AT THE PREVAILING HOURLY RATE.
DEPLOYMENT SURVEY
TATION ASSIGNED TO CAMPUS DEPUTY BONUS SERGEANT CSOILET
Temple Rosemead High School 1.0000
South EI Monte Hiah School 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 ChD DATE: 6(2912022
APPROVED BY: DATE:
,: roncoueoxolt ^
APPROVED BY: DATE:
SCHOOL DISTRICT FI AL "I certify that) am authorized to make this change on behalf ofthe School Dislnc4'
PROCESSED AT CLEB BY: DATE:
NO YE¢
BIILNO MEMO REOOMEO:
RWE. RFOOIREO:
SH -AD 575 (REV. 6116)
HOURS OF SERVICE & CHARGES
B Month Union High SGwo' D stnC
SERVICE UNRS
UNIT TOTK
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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 13th
day of September 2022, by and between the CITY OF ROSEMEAD, a California municipal corporation,
hereinafter referred to as "CITY" and the EL MONTE UNION HIGH SCHOOL DISTRICT, a political
subdivision of the State of California, hereinafter referred to as "DISTRICT." The capitalized term
"Parties" shall be a collective reference to both CITY and DISTRICT. The capitalized term "Party" shall
refer to either City or Consultant interchangeably as appropriate.
RECITALS
This MOU is made and entered into with respect to the following facts:
WHEREAS, each Party to this MOU has partnered in past years to provide School Resource
Deputy (SRD) services to Rosemead High School; and
WHEREAS, there is a desire for the continued support of the SRD program by the Parties to this
MOU in order to provide a resource to the students and Rosemead High School and obtain maximum
benefit from the expenditure of public funds; and
WHEREAS, The DISTRICT will enter into an agreement with Los Angeles County Sheriffs
Department for SRD services for Rosemead High School for the 2022-2023 school year, effective
September 13, 2022. The DISTRICT will contribute 50% of the cost for such services.
WHEREAS, the CITY wishes to financially assist with the SRD at Rosemead High School, 9063
Mission Dr, Rosemead, CA 91770, ("Rosemead High School") for services provided by Los Angeles
County Sheriffs Department as outlined in Exhibit A, attached hereto and hereby incorporated by this
reference.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS HEREIN CONTAINED, CITY AND DISTRICT AGREE AS FOLLOWS:
I. DESCRIPTION OF SERVICES. Provide one full-time School Resource Deputy at Rosemead High
School, 9063 Mission Dr., Rosemead CA 91770. The description and scope of services for the School
Resource Deputy program provided by the Los Angeles County Sheriffs Department are outlined in
Exhibit A attached hereto and incorporated by reference ("SRD Services"). The estimated cost of the
SRD Services is $224,018.82.
111 al"01] li E"
a. CITY shall contribute 50% of the cost of the SRD services, in an amount not to exceed
$112,009.41. Upon receipt of invoice from the District, payments from CITY to DISTRICT shall be made
monthly in the amount of ten thousand one hundred eighty-two dollars and sixty seven cents ($10,182.67)
to be made on the 25th day of each month prior to the 1 st day for the next calendar month.
III. TERM. The initial term of this MOU shall commence on the date of execution by the DISTRICT,
provided that the DISTRICT'S Board of Trustees has first approved the MOU for the 2022-2023 school
year. The term is set to expire on June 30, 2023.
IV. TERMINATION.
a. Termination for Convenience. Either Parry 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 Parry; or
any act by DISTRICT exposing the CITY to liability to others for personal injury or property damage; or
DISTRICT is adjudged bankrupt, DISTRICT makes a general assignment for the benefit of creditors or a
receiver is appointed on account of DISTRICT'S insolvency.
V. DELIVERY OF NOTICES. All notices permitted or requested under this MOU shall be given to the
respective Parties at the following address, or at such other address as the respective Parties may provide
in writing for this purpose.
DISTRICT:
El Monte Union High School District
3537 Johnson Avenue
El Monte, CA 91770
Attn: Edward Zuniga, Superintendent
CITY:
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
Attn: Ben Kim, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after
deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method
of service.
VI. ATTORNEY FEES. If either 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
terns 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
M
Ben Kim, City Manager
ATTEST:
0
Ericka Hernandez, City Clerk
Approved as to Form:
NO
Rachel Richman, City Attorney
Date:
EL MONTE UNION HIGH SCHOOL DISTRICT
Edward A. Zuniga, Ed.D.
Superintendent