CC - Item 4E - Memorandum of Understanding with the El Monte Union High School District for School Year 2023-2024 School Resource Deputy FundingROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND
�ITY COUNCIL
FROM: BEN KIM, CITY MANAGER `�, A/ _
DATE: AUGUST 8, 2023
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE EL MONTE UNION
HIGH SCHOOL DISTRICT FOR SCHOOL YEAR 2023-2024 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 2023-2024 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
2023-2024 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 2023-2024 school year. The total cost to provide an SRD at
Rosemead High School is $239,996.18 (SRD Cost $223,006 and Liability Cost $6,990.18), and
the District is requesting the City to support 50% of the cost in the amount of $119,998.09.
AGENDA ITEM 4.E
City Council Meeting
August 8, 2023
Page 2 of 2
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 $15,362, which would be applied to the SRD program
providing the City with a net cost of $104,636.09.
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 2023-2024 School Resource Deputy funding.
FISCAL IMPACT
The City's adopted FY 2023-24 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 $119,998.09; however, once the grant is applied ($15,362), the net cost would be
$104,636.09.
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:
Jenn f r Pine4brmanagement Analyst
Submitted by:
Mi e 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 District
Agreement with LASD
SCHOOL SUPPLEMENTAL
LAW ENFORCEMENT SERVICES AGREEMENT
FOR SPECIAL EVENTS
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
EL MONTE UNION HIGH SCHOOL DISTRICT
of i]8:Ki)zv—iiziODIC I
PARAGRAPH
TITLE
PAGE
RECITALS.............................................................................................................................................
2
1.0
SCOPE OF SERVICES.......................................................................................
3
2.0
ADMINISTRATION OF PERSONNEL...............................................................
4
3.0
DEPLOYMENT OF PERSONNEL......................................................................
5
4.0
PERFORMANCE OF AGREEMENT ......... _........... _.._........................ _...........
5
5.0
INDEMNIFICATION.............................................................................................
6
6.0
TERM OF AGREEMENT.....................................................................................
6
7.0
RIGHT OF TERMINATION................................................................................
6
8.0
BILLING RATES ...... _...........................................................................................
7
9.0
PAYMENT PROCEDURES..................................................................................
7
10.0
AMENDMENTS .................. ........ ..................................................................
8
11.0
ASSIGNMENT, DELEGATION, AND SUBCONTRACTING ...................
8
12.0
AUTHORIZATION WARRANTY.......................................................................
9
13.0
GOVERNING LAW, JURISDICTION, AND VENUE ......................................
9
14.0
NOTICES........................................................................_...._...............
9
15.0
VALIDITY..........................................................................................._.
10
16.0
WAIVER................................................................................................
10
17.0
ENTIRE AGREEMENT.........................................................................t'
10
SIGNATURES................................................................................................................
11
EXHIBIT A - SCHOOL SUPPLEMENTAL LAW ENFORCEMENT SERVICESFORM SH -AD 575
1
SCHOOL SUPPLEMENTAL
LAW ENFORCEMENT SERVICES AGREEMENT
FOR SPECIAL EVENTS
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
EL MONTE UNION HIGH SCHOOL DISTRICT
This School Supplemental Law Enforcement Services Agreement, hereinafter referred to as
"Agreement," is entered into this U" day of 5EYTV4(;Ett , 207-2, by and between the
COUNTY OF LOS ANGELES, hereinafter referred to as "County," and the EL MONTE UNION
HIGH SCHOOL DISTRICT, hereinafter referred to as "School."
RECITALS
(a) Whereas, the School is desirous of contracting with the County for the performance of
supplemental law enforcement services by the Los Angeles County Sheriff's Department,
hereinafter referred to as "Sheriff s Department," to assist in providing safety, security, and
order on or near school sites at regular or extracurricular school functions commensurate
with the substantial problems and unusual needs presented by each function, including
inter -scholastic athletic events, dances, and other school activities; and
(b) Whereas, for the purpose of preserving public safety, the County is agreeable to rendering
such services to the School, in excess of the basic level of services customarily provided
by the Sheriff s Department, if any, on the terms and conditions set forth in this Agreement;
and
(c) Whereas, this Agreement is authorized by Section 56 3/4 of the Charter of the County of
Los Angeles, California Government Code section 53060, 53069.8 and 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:
2
1.0 SCOPE OF SERVICES
1.1 The County agrees, through the Sheriff of the County of Los Angeles, to provide
supplemental law enforcement services to the School during regular and
extracurricular school functions on or near the school sites to the extent and in the
manner set forth in this Agreement and according to plans for safety and security
developed and approved by the Sheriff of the County of Los Angeles or his
authorized representative(s), and the school principal(s) or other authorized
representative(s) of the School requesting such supplemental law enforcement
services.
1.2 To request for supplemental law enforcement services under this Agreement,
School shall contact the local Sheriffs station Operations personnel or such other
personnel designated by the Sheriffs Department.
1.3 In response to a request for supplemental law enforcement services by the School,
the parties shall develop an agreed upon plan for safety and security which shall
include, but shall not be limited to, date(s) of service, hours of operation, number
of personnel to be provided by County for a particular school function,
classification of personnel, and specific duties of personnel, if any. All such plans
for safety and security shall be incorporated herein by this reference.
1.4 Except as otherwise specifically set forth in this Agreement, such supplemental law
enforcement services shall only encompass duties and functions of the type coming
within the jurisdiction of, and customarily rendered by, the Sheriff of the County
of Los Angeles under the Charter of the County and the statutes of the State of
California.
1.5 The supplemental law enforcement services contemplated herein shall not reduce
the normal and regular ongoing law enforcement services, if any, that the County
would otherwise provide to School under a School Law Enforcement Services
Agreement.
3
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 Notwithstanding any other provision of this Agreement, the Sheriff may, at any
time, cancel the provision of supplemental law enforcement services for any school
function if the Sheriff concludes that the Sheriff has insufficient available personnel
to perform both the supplemental law enforcement services requested by the School
and the Sheriffs other duties as required by law. In such cases, the Department
shall provide notice to the School as soon as reasonably practical.
2.5 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.
2.6 The School 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 the County for injury or sickness arising out of
his/her employment as a contract employee of the School.
4
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, supplemental law enforcement services under this
Agreement may be performed by deputy personnel and/or supervisory personnel.
3.2 As requested by the School, the Sheriffs Department shall provide personnel, if
available, to perform services under this Agreement as set forth in the agreed upon
plan for safety and security per Section 1.3 of this Agreement.
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing the requested supplemental law enforcement
services, County shall furnish and supply all labor, supervision, equipment,
communication facilities, and supplies necessary to maintain the agreed level of
supplemental law enforcement services to be rendered under this Agreement.
4.2 Notwithstanding the foregoing, the School may provide additional resources for the
County to utilize in performance of the supplemental law enforcement services.
4.3 When and if both parties to this Agreement mutually as to the necessity of
maintaining a law enforcement headquarters or Sheriff's Department substation
within the School or at School schools which would not normally be provided by
the Sheriff, 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.
5
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 The School shall indemnify, defend, and hold harmless the County, its Special
Schools, elected and appointed officers, employees, and agents from and against
any and all liability, including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness fees), arising from or
connected with the School's acts and/or omissions arising from and/or relating to
this Agreement.
5.2 The County shall indemnify, defend, and hold harmless the School, its Special
Schools, elected and appointed officers, employees, and agents from and against
any and all liability, including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness fees), arising from or
connected with the County's acts and/or omissions arising from and/or relating to
this Agreement.
5.3 Without limiting the School's indemnification of the County, the County 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 County's sole option and
discretion, to satisfy its indemnity obligations under this Agreement.
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 by either party at any time, with or without
cause, by providing ten (10) days advance written notice to the other party.
6
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 supplemental 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 overtime hourly billing rates
set forth on Exhibit A, School Supplemental Law Enforcement Services Form SH-
AD 575, as established by the County Auditor -Controller.
8.2 The overtime hourly billing rates set forth on Exhibit A, School Supplemental 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. The overtime hourly billing rates set forth on Exhibit A, School
Supplemental Law Enforcement Services Form SH -AD 575 (congruent with the
fiscal year in which the agreement is signed with the school or district) shall be
attached to this agreement. Those hourly rates reflect the cost of such service in
accordance with the policies and procedures for the determination of such rates as
adopted by the County Board of Supervisors. Prior to providing service, if
necessary, an updated Exhibit A, School Supplemental Law Enforcement Services
Form SH -AD 575 shall be provided to the school or district, acknowledging the
prevailing hourly rate for the fiscal year in which service will be provided.
8.3 The overtime hourly billing rates for classifications of personnel requested by the
School and not otherwise set forth on Exhibit A, School Supplemental Law
Enforcement Form SH -AD 575, shall be determined by the County Auditor -
Controller in accordance with its policies and procedures.
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
7
the School shall pay County for all undisputed amounts within sixty (60) calendar
days after date of said invoice.
9.2 If such payment is not delivered to the County office, which is described on said
invoice, within sixty (60) calendar days after the date of the invoice, the County is
entitled to recover interest thereon.
9.3 In the event of any disputed amounts, the School shall provide the County with
written notice of the dispute including the invoice date, amount, and reasons for
dispute within ten (10) calendar days after receipt of the invoice. The parties shall
memorialize the resolution of the dispute in writing. For any disputed amounts,
interest shall accrue if payment is not received within sixty (60) calendar days after
the dispute resolution is memorialized.
9.4 Said interest shall be at a rate of ten percent (10%) per annum or any portion thereof,
calculated from the date payment was due pursuant to Section 9.2 and Section 9.3
above.
9.5 Notwithstanding the provisions of California Government Code section 907, if
payment is not delivered to the County office which is described on said invoice
within sixty (60) calendar days after date of the invoice or the date of memorialized
resolution, then the County may satisfy such indebtedness, including interest
thereon, from any funds of the School on deposit with the County without giving
further notice to the School of the County's intention to do so.
10.0 AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a
written Amendment duly executed by authorized personnel of the County Board of
Supervisors and the School. Notwithstanding, the Sheriff or his designee shall be
authorized to execute, on behalf of the County, all plans for safety and security and those
Amendments and/or supplemental agreements referenced in Sections 8.2 and 9.3 of this
Agreement.
11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
A party shall not assign its rights and/or subcontract, or otherwise delegate, its duties under
this Agreement, either in whole or in part, without the prior written consent of the other
8
party, and any attempted assignment or delegation without such consent shall be null and
void.
12.0 AUTHORIZATION WARRANTY
The School represents and warrants that the person executing this Agreement for the
School is an authorized agent who has actual authority to bind the School to each and every
term, condition, and obligation of this Agreement and that all requirements of the School
have been fulfilled to provide such actual authority.
13.0 GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of California. The parties agree and consent to the exclusive jurisdiction of the courts
of the State of California for all purposes regarding this Agreement and further agree and
consent that venue of any action brought hereunder shall be exclusively in the County of
Los Angeles.
14.0 NOTICES
Unless otherwise specified herein, all notices or demands required or permitted to be given
or made under this Agreement shall be in writing and shall be hand delivered with signed
receipt or mailed by first class registered or certified mail, postage prepaid, addressed to
the parties at the following addresses and to the attention of the person 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: Unit Commander
211 W. Temple St.
Los Angeles, California 90012
Notices to the School shall be addressed as follows:
E/ Menne UA"OA /'/iA�f Se/a./
3537 rehhssa v
E/ Mao %'e0 CA T173/
ATTN: a.-. Edna..! Zwn-'e1
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 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.
10
SCHOOL SUPPLEMENTAL
LAW ENFORCEMENT SERVICES AGREEMENT
FOR SPECIAL EVENTS
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
APPROVED AS AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
Lm
APPROVAL ON FILE
Deputy County Counsel
By
Alex Villanuevaqeriff
Date 09 106121
EL MONT ION HIGH SCHOOL DISTRICT
By
Name, Ti Evw+4W 2uvu6,4 su��.vlawvt 7�
Date
11
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
SCHOOL DISTRICT LAW ENFORCEMENT SERVICES
EXHIBIT A
SCHOOL DISTRICT: El Monte Union High School District
FISCAL YEAR: 2023-2024 EFFECTIVE DATE: 71112023
CODE
#
SERVICES
TOTAL SERVICE UNITS PURCHASED
NEW PREVIOUS I CHANGE
CONTRACT
LAW
USE ONLY
SCHOOL RESOURCE DEPUTY SERVICE UNIT
2.0000
2.0000
0.0000
SCHOOL RESOURCE DEPUTY SERVICE UNIT (151)
0.0000
0.0000
0.0000
SERGEANT
0-0000
0.0000
0.0000
EACH SRU SERVICE UNI I WUKKS 13U KEVULARLY SOHEUULEU 5GHVOL UAYS.
SUMMER SESSION COVERAGE IS NOT INCLUDED BUT IS AVAILABLE AT THE PREVAILING HOURLY RATE.
DEPLOYMENT SURVEY
IS TATION ASSIGNED TOCAMPUS OEPUTY BONUSt BERGEANT CSOILET
Temple Rosemead High School 1.0000
1 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 Cho DATE: 4/12/2023
APPROVED BY:
APPROVED BY:
PROCESSED AT CLEB SY:
IIWNG.MW REg11 .!
-BLUP R WI
SH -AD 675 (REV. 6/16)
DATE:
67AiON COMMAI ,R
DATE:
SCHOOL DISTRICT OFFICIA. "I certify that I am .Ut o. izeE tc make tis change on SehBH of the School pist�d"
DATE:
NG EE
HOURS OF SERVICE 8 CHARGES
EI Mmte Ud High Smod Ols0d
SERVICE UNITS
UNIT TOTY
TOTP
W IN
rOTN
nEI
PNNUPL
PNNVRL
PERwNN6
CUS! URRS
UNIT COST
Iii
LOST WfIN
Xm0.5 RER
GOPL
GIMI
REVU9fED
N0.CNR4W
IWIL:
SERNCEuN
MQUR51
IZ
WORN ITEMS
D"uty GeneraUt 40 Nur Ra MiV
$233,MN 2
Ys6mioo
S15A6o e6
2.880
illm
0
2DODO
000
D utv,e wt. dOhurro r e! 2 so.6o 0m so.o C.
Sar eat. 401Yr11M re4el
t00A0
Sora
saw
o
00000
W $R tiro
lime%=
sQw.Y
HOURS
Mtlm
emolift
TOM ESTR MCOdT
1
oEsum
2 880
172,
2 0000
oouTr, en
o
aaooc
sm
0
0 a0'�
Attachment B
Memorandum of Understanding between
El Monte Union High School District
and the 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 8th
day of August 2023, by and between the CITY OF ROSEMEAD, a California municipal corporation,
hereinafter referred to as "CITY" and the EL MONTE UNION HIGH SCHOOL DISTRICT, a political
subdivision of the State of California, hereinafter referred to as "DISTRICT." The capitalized term
"Parties" shall be a collective reference to both CITY and DISTRICT. The capitalized term "Party"
shall refer to either City or Consultant interchangeably as appropriate.
RECITALS
This MOU is made and entered into with respect to the following facts:
WHEREAS, each Party to this MOU has partnered in past years to provide School Resource
Deputy (SRD) services to Rosemead High School; and
WHEREAS, there is a desire for the continued support of the SRD program by the Parties to this
MOU in order to provide a resource to the students and Rosemead High School and obtain maximum
benefit from the expenditure of public funds; and
WHEREAS, The DISTRICT will enter into an agreement with Los Angeles County Sheriffs
Department for SRD services for Rosemead High School for the 2023-2024 school year, effective
August 8, 2023, The DISTRICT will contribute 50% of the cost for such services.
WHEREAS, the CITY wishes to financially assist with the SRD at Rosemead High School,
9063 Mission Dr, Rosemead, CA 91770, ("Rosemead High School") for services provided by Los
Angeles County Sheriffs Department as outlined in Exhibit A, attached hereto and hereby incorporated
by this reference.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS HEREIN CONTAINED, CITY AND DISTRICT AGREE AS FOLLOWS:
I. DESCRIPTION OF SERVICES. Provide one full-time School Resource Deputy at Rosemead High
School, 9063 Mission Dr., Rosemead CA 91770. The description and scope of services for the School
Resource Deputy program provided by the Los Angeles County Sheriffs Department are outlined in
Exhibit A attached hereto and incorporated by reference ("SRD Services"). The estimated cost of the
SRD Services is $239,996.18.
II. FUNDING.
a. The DISTRICT will enter into an agreement with Los Angeles County Sheriff s Department for
SRD Services for Rosemead High School for the 2023-2024 school year, effective
b. CITY shall contribute 50% of the cost of the SRD services, in an amount not to exceed
$119,998.09. Full payment will be made no later than 20 days following the execution of the
agreement by both the CITY and DISTRICT.
III. TERM. The initial term of this MOU shall commence on the date of execution by the DISTRICT,
provided that the DISTRICT'S Board of Trustees has first approved the MOU for the 2023-2024 school
year. The term is set to expire on June 30, 2024.
IV. TERMINATION.
a. Termination for Convenience. Either Party to this MOU may terminate this MOU upon giving
a thirty (30) day written notice to the other of its intention to terminate this MOU.
Notwithstanding the foregoing, if CITY funds its share of the SRD Services, then this MOU
shall not be terminated for convenience by DISTRICT prior to the expiration of the initial term.
b. Termination for Cause. Either Parry may terminate this MOU immediately for cause. Cause
shall include, without limitation: material violation of this MOU by either Party; or any act by
DISTRICT exposing the CITY to liability to others for personal injury or property damage; or
DISTRICT is adjudged bankrupt, DISTRICT makes a general assignment for the benefit of
creditors or a receiver is appointed on account of DISTRICT'S insolvency.
V. DELIVERY OF NOTICES. All notices permitted or requested under this MOU shall be given to
the respective Parties at the following address, or at such other address as the respective Parties may
provide in writing for this purpose.
DISTRICT:
El Monte Union High School District
3537 Johnson Avenue
El Monte, CA 91770
Attn: Edward Zuniga, Superintendent
CITY:
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
Attn: Ben Kim, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours
after deposit in the U.S. Mail, first-class postage prepaid and addressed to the Party at its applicable
address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of
the method of service.
VI. ATTORNEY FEES. If either Parry commences an action against the other Party, either legal,
administrative or otherwise, arising out of or in connection with this MOU, the prevailing Party in such
litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all
other costs of such action.
VII. INDEMNIFICATION. DISTRICT shall defend, indemnify and hold the CITY, its officials,
officers, employees, volunteers and agents free and harmless from any and all claims. demands, causes
of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or
willful misconduct of DISTRICT, its officials, officers, employees, agents, contractors and contractors
arising out of or in connection with the performance of the SRD Services or this MOU, including
without limitation the payment of all consequential damages and attorneys' fees and other related costs
and expenses. DISTRICT shall defend, at District's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted
against CITY, its directors, officials, officers, employees, agents or volunteers. DISTRICT shall pay
and satisfy any judgment, award or decree that may be rendered against CITY or its directors, officials,
officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. DISTRICT
shall reimburse CITY and its directors, officials, officers, employees, agents and/or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. DISTRICT'S obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the CITY, its directors, officials, officers, employees, agents or
volunteers.
VIII. GOVERNING LAW. This MOU shall be interpreted and construed according to the laws of
the State of California. Venue shall be in Los Angeles County.
IX. SUCCESSORS AND ASSIGNS. This MOU shall be binding on the successors and assigns of the
Parties.
X. ASSIGNMENT AND TRANSFER. DISTRICT shall not assign, hypothecate, or transfer, either
directly or by operation of law, this MOU or any interest herein without the prior written consent of the
CITY. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
XI. CONSTRUCTION, REFERENCES, CAPTIONS. Since the Parties or their agents have
participated fully in the preparation of this MOU, the language of this MOU shall be construed simply,
according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days
or period for performance shall be deemed calendar days and not work days. All references to
DISTRICT include all personnel, employees, agents, and subcontractors of DISTRICT, except as may
be otherwise specified in this MOU. All references to CITY include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this MOU. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this MOU.
XII. AMENDMENT, MODIFICATION. No supplement, modification, or amendment of this MOU
shall be binding unless executed in writing and signed by both Parties.
XIII. WAIVER. No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
XIV. NO THIRD -PARTY BENEFICIARIES. There are no intended third -party beneficiaries of
any right or obligation assumed by the Parties.
XV. SEVERABILITY. If any portion of this MOU is declared invalid, illegal or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full
force and effect.
XVI. AUTHORITY TO ENTER MOU. DISTRICT has all requisite power and authority to conduct
its business and to execute, deliver and perform the MOU. Each Party warrants that the individuals
who has signed this MOU have the legal power, right, and authority to make this MOU and bind each
respective Party.
XVII. ENTIRE MOU. This MOU is intended by the Parties hereto as a final expression of their
understanding with respect to the subject matter hereof and as a complete and exclusive statement of
the terms and conditions hereof and supersedes any and all prior and contemporaneous MOUS and
understandings, oral or written, in connection herewith. This MOU may be changed or modified only
upon the written consent of the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on the date first
above written by their respective officers duly authorized in that behalf.
[Signatures on next page]
CITY OF ROSEMEAD
BY:
Ben Kim, City Manager
ATTEST:
Ericka Hernandez, City Clerk
Approved as to Form:
m
Rachel Richman, City Attorney
Date:
EL MON UNION HIGH SCHOOL DISTRICT
BY:
Edward. Z a, Ed.D.
Superintendent