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| CITY COUNCIL AGENDA ITEM NO. 4
Meeting Date: August 26, 2008
Subject/Title: Adopt a Resolution approving and authorizing the City Manager to sign an agreement with the Liberty Union High School District for a School Resource Officer Program
Prepared by: Brian Strock, Police Captain
Submitted by: Mark Evenson, Chief of Police
Adopt a Resolution approving and authorizing the City Manager to sign an agreement with the Liberty Union High School District for a School Resource Officer Program.
On July 25, 2006, the City Council approved and authorized the City Manager to sign an agreement with both the Liberty Union High School District and the Brentwood Union School District for the School Resource Officer Program.
For the last several years, the City of Brentwood, the Liberty Union High School District, and the Brentwood Union School District have funded a Police School Resource Officer Program (“Program”) whereby the City has provided peace officers to District Facilities. The Program enhances campus safety and fosters a positive rapport between police, school administrators, faculty, students, and parents.
In the past, the Program has involved the City and both School Districts sharing the cost for four (4) school resource officers, two (2) to each district. This new agreement is for the sharing of costs by the City and Liberty Union High School District for two (2) school resource officers. The Brentwood Union School District will enter into a separate agreement with the City for its school resource officer.
The two (2) school resource officers are budgeted in the Fiscal Year 2008/2009 Operating Budget. For Fiscal Year 2008/2009 and each Fiscal Year thereafter, the Liberty Union High School District will reimburse the City for the actual cost of salary and special assignment pay for one (1) school resource officer, estimated for Fiscal Year 2008/2009 to be $90,000.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH THE LIBERTY UNION HIGH SCHOOL DISTRICT FOR A SCHOOL RESOURCE OFFICER PROGRAM
WHEREAS, for the last several years, the City and the Liberty Union High School District have funded a School Resource Officer Program (“Program”) whereby the City has provided peace officers to District Facilities; and
WHEREAS, in the past, the Program has involved sharing the cost for two (2) school resource officers; and
WHEREAS, the Program enhances campus safety and fosters a positive rapport between police, school administrators, faculty, students, and parents; and
WHEREAS, the parties desire to continue the Program.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves and authorizes the City Manager to sign an agreement with the Liberty Union High School District for a School Resource Officer Program.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of August 2008 by the following vote:
AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND THE LIBERTY UNION HIGH SCHOOL DISTRICT FOR A SCHOOL RESOURCE OFFICER PROGRAM
THIS AGREEMENT is made and entered into this ___ day of ______________, 2008, by and between the following parties (collectively, the “Parties”): the City of Brentwood (“City”), a California Municipal Corporation and the Liberty Union High School District (“District”) (each a “Party” and collectively, “Parties”).
A. For the last several years, the Parties have funded a school resource officer program at District facilities whereby the City has provided peace officers (“School Resource Officers”) to District Facilities (the “Program”).
B. In the past, the Program has involved the Parties sharing the costs for two (2) School Resource Officers (SRO).
C. The SRO program enhances campus safety and fosters a positive rapport between police, school administrators, faculty, students, and parents.
D. The Parties desire to continue the Program.
NOW, THEREFORE, the Parties agree as follows:
1. Term. This Agreement shall be effective as of July 1, 2008 and shall continue on a fiscal year to fiscal year basis, so long as District and City appropriate sufficient funds for the Agreement or unless earlier terminated pursuant to this Agreement.
2. Responsibilities of the City. Along with the terms and conditions of this Agreement, the City agrees to be responsible for and complete those items set forth in the attached Exhibit A, which is incorporated herein by this reference.
3. Responsibilities of the District. Along with the terms and conditions of this Agreement, the District agrees to be responsible for and complete those items set forth in the attached Exhibit B, which is incorporated herein by this reference.
4. Supplemental Services. District may request City to provide additional law enforcement services for evening or weekend events such as PTA meetings, Back-to-School Nights, Open House, athletic or performance events, dances, proms, or other District-sponsored events (“Supplemental Services”). City shall use its best efforts to provide the requested services by the School Resource Officer. District shall be obligated to compensate City for the actual costs associated with such Supplemental Services.
5. Compensation. The salaries and special assignment pay of one (1) School Resource Officer shall be funded by the District pursuant to this Section 5 and Exhibit “B.” Payment shall be made by District in four (4) equal quarterly payments due on or before October 1, January 1, April 1 and July 1. District shall compensate City for any Supplemental Services provided pursuant to Paragraph 4 above at the rate set in the City’s Cost Allocation Plan for Step E Police Officer – Special Assignment. Payment for Supplemental Services shall be made by the District within thirty (30) calendar days after receipt of invoice from City.
6. Selection and Supervision. The authority for selection, assignment, supervision, duties, and permanent or temporary reassignment will remain solely with the City of Brentwood’s Chief of Police.
A. Duties. As an employee with the City of Brentwood, the SRO shall follow the chain of command, reporting first to his or her assigned supervisor as directed by the Chief of Police. The responsibility for completion of SRO performance evaluations will remain with the Brentwood Police Department, and police department staff will seek feedback from the involved school principals. The Chief of Police will determine SRO duties as they relate to procedures and workload.
B. Communicaton. In the performance of his or her duties, the SRO shall coordinate and communicate with the school Principal and/or the Principal’s designee of the schools to which the SRO is assigned.
7. Insurance. Each Party shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage. With limits of no less than One Million Dollars ($1,000,000) combined single limit per occurrence or Two Million Dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage. Covering all vehicles used in the performance of this Agreement providing a One Million Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
C. Compliance with State Workers' Compensation Requirements. Each Party will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. and shall, at all times, upon demand of the other Party’s authorized representative or his/her designee, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code.
D. Other Insurance Provisions. The commercial general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
(1) City/District (as applicable), its officers, agents, employees, and volunteers are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of City/District (as applicable) pursuant to the terms of this Agreement. The coverage shall contain no special limitations on the scope or protection afforded to City/District (as applicable), its officers, officials, employees, or volunteers.
(2) City/District’s (as applicable) insurance coverage shall be primary insurance with respect to City/District (as applicable), its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by City/District (as applicable), its officers, officials, employees, or volunteers shall be in excess of City/District’s (as applicable) insurance and shall not contribute with it.
(3) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City/District (as applicable), its officers, officials, employees, or volunteers.
(4) The aforementioned policies shall be issued by an insurance carrier having a rating of A.M. Best A-7 or better which is satisfactory to the other Party and shall be delivered to at the time of the execution of this Agreement or as provided below. In lieu of actual delivery of such policies, a Certificate and endorsements issued by the insurance carrier showing such policy to be in force for the period covered by the Agreement may be delivered to the particular Party. Such policies and certificates shall provide for thirty (30) days notice of cancellation to the other Party. Said policies shall not be canceled earlier than, nor the amount of coverage reduced earlier than, thirty (30) days after the other Party receives notices from the insured of the intent of cancellation or reduction.
E. Self Insurance. The Parties may satisfy its insurance obligations stated above by providing satisfactory evidence that it is self-insured and has sufficient financial resources to meet the insurance obligations stated herein.
8. Mutual Indemnification. District will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the District, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City.
City will defend, indemnify and hold harmless District and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the City, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of District.
9. Dispute Resolution. Should any dispute arise out of this Agreement, the Parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. The costs of the mediator, if any, shall be paid for by each party on an equal basis. If a mediated settlement is reached, no Party shall be the prevailing party for the purposes of the resolution of the dispute. No Party shall be permitted to file legal action without first meeting in medication and maintaining a good faith attempt to reach a mediation resolution. Each Party will bear their own attorney’s fees, if any.
10. Third Party Beneficiary. This Agreement including, but not limited to, indemnification provisions, is for the benefit of the Parties only and does not create, nor is it intended to create, any benefit or liability to third parties.
11. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other will be in writing and will be deemed given and served upon the Party if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows:
To City: Brentwood Police Department
Attn: Chief of Police
9100 Brentwood Blvd.
Brentwood, CA 94513
To District: Liberty Union High School District
Attn: Office of the Superintendent
20 Oak Street
Brentwood, CA 94513
12. Assignment. City shall not assign this Agreement, or any interest therein, without the prior written consent of District. Any such assignment without District’s consent shall be void and shall, at the option of District, terminate this Agreement.
13. Non-Waiver. The failure of any Party to insist upon the strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy that any Party may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained.
14. Authority. The Parties each warrant and represent to the other that they have the full legal authority to enter into this Agreement.
15. Entire Agreement. This Agreement sets forth the entire agreement between the Parties and any modifications or extensions must be in the form of a written amendment fully noticed and approved. This Agreement replaces, in their entirety any prior agreements between the Parties related to the subject matter hereof including, but not limited to the Agreement dated July 25, 2006.
16. Equal Employment Opportunity. In connection with the performance of this Agreement, neither City nor District shall discriminate against any employee or applicant for employment because of race, religion, color, sex, physical or mental disability, age, sexual orientation, or national origin.
17. Termination. City or District may terminate this Agreement for any reason upon ten (10) days written notice to the other Parties. City or District may terminate the Agreement upon five (5) days written notice if District or City breaches this Agreement. In the event of termination, District shall pay only the pro-rated share of the costs based on the duration of this Agreement prior to termination.
18. Jurisdiction and Venue. Any action at law or in equity brought under this Agreement for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
19. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof.
20. Counterparts. This Agreement may be executed in two (2) counterparts, each of which is deemed to be an original.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first written above.
Liberty Union High School District:
City of Brentwood:
Donna Landeros, City Manager
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
Damien B. Brower, City Attorney
Responsibilities of the City
A. Assign two (2) SROs to the Liberty Union High School District to perform law enforcement services under the supervision and direction of the City’s Chief of Police. The time allocations of the SROs will be modified on a day-to-day basis based on emergency situations, sick leave, court appearances, required training days and such other special requirements of the City.
B. Make available to each SROs appropriate equipment and training as would normally be afforded a peace officer working for City.
C. The SRO will be the police department liaison to the District and will collaborate with school administrators, faculty, students and parents to identify problems, unite strategies, resolve issues, and take law enforcement action as necessary.
Responsibilities of the District
A. For Fiscal Year 2008/2009 and each Fiscal Year thereafter, District will pay the City the actual cost of salary and special assignment pay of one (1) SRO. For the purposes of this Agreement, the costs paid by District do not include benefits, administrative and overhead costs or in-kind services. For information purposes only, the actual cost of salary and special assignment pay is estimated to be $ 90,000.
B. District personnel shall cooperate with the SROs and City to facilitate the performance of law enforcement services pursuant to this Agreement and City’s general law enforcement duties.
C. District will provide the SROs with offices, furniture, computer and telephones.
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Brentwood, CA 94513
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