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HomeMy WebLinkAboutContract 1786C- /7-5 PSUSD Agreement No. C0003401 PALM SPRINGS UNIFIED SCHOOL DISTRICT Law Enforcement Services Agreement LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF CATHEDRAL CITY AND THE PALM SPRINGS UNIFIED SCHOOL DISTRICT PURSUANT TO PROVISIONS OF THE CALIFORNIA EDUCATION CODE, SECTION 12400, FOR THE SERVICES OF A SCHOOL RESOURCE OFFICER IN ORDER TO ENSURE THE GREATER SAFETY OF STUDENTS, THE STAFF, AND THE PUBLIC AT CATHEDRAL CITY HIGH SCHOOL, MT. SAN JACINTO CONTINUATION HIGH SCHOOL, JAMES WORKMAN MIDDLE SCHOOL AND NELLIE N. COFFMAN MIDDLE SCHOOL AND TO IMPROVE AND STRENGTHEN LAW ENFORCEMENT ON OR ABOUT CAMPUS. THIS AGREEMENT is made and entered into by and between the City of Cathedral City, (hereinafter referred to as "CITY"), and the PALM SPRINGS UNIFIED SCHOOL DISTRICT, (hereinafter referred to as "DISTRICT"). WHEREAS, the CITY and DISTRICT desire to work cooperatively in this school community policing approach by entering into this Agreement to place a Police Officer as School Resource Officers, herein after referred to as SRO, on the DISTRICT campuses as needed to assist in the teaching of police science classes and to be a visual deterrent to aberrant behavior and thereby enhance DISTRICT's campus control and student protection; IT IS THEREFORE AGREED AS FOLLOWS: 1. TERM This Agreement shall be effective from August 8, 2018 through June 7, 2019 unless sooner terminated as provided in Section 14. 2. SCOPE OF SERVICES 2.1 The City agree to assign 1 (one) SRO as the minimum staffing level under this Agreement. The SRO assigned to the District shall provide foot and vehicle patrol and other security protection services ("SRO Services") on school campuses. The SRO may issue citations or make arrests for crimes, write reports as directed by the District, and other related duties. Notwithstanding the foregoing, the SRO may enforce criminal violations. The SRO shall perform other specific tasks as agreed upon between the Parties, provided the SRO shall not be required to perform tasks beyond the authority vested in them pursuant to applicable law. The SRO shall be authorized to take control of crisis situations pursuant to the policies and procedures of the City. 005266.00001 14142400.1 PSUSD Agreement No. C0003401 necessarily absent from campus, including but not limited to staffing shortages, emergencies, court appearances, union release time scheduled training. 3.7 All training required of the SRO will attempt to be scheduled during non -student days if at all feasible. 3.8 The SRO shall be expected to maintain radio contact with the high school administration at all times. In the event the SRO shall find it necessary to leave the campus, the principal, (or designee), shall be notified in advance of the expected absence and the Police Watch Commander shall be notified. In such a circumstance, a patrol car shall be available for immediate response to a school emergency. 3.9 Any overtime required to be paid to the SRO for school -related issues shall be paid by the District as an addition to the full cost of services contained in Article 5. Compensation of this Agreement. 4. MODIFICATION OF SERVICES No portion of the services or responsibilities of either party described in this Agreement may be eliminated, reduced, or appreciably changed without the mutual written consent of both parties. 5. COMPENSATION DISTRICT shall reimburse CITY the full cost of rendering service pursuant to this Agreement. Such cost of services shall be established by the CITY in the form of an hourly rate for an SRO and a mileage rate, and shall include all items of cost and expense to the CITY for providing the services hereunder. Total cost to DISTRICT under this Agreement is estimated at ONE HUNDRED SIXTY THREE THOUSAND SEVENTY TWO AND 00/100 DOLLARS ($163,072.00), based on the hours of work for the SRO, as estimated by the DISTRICT. Payment to be made upon billing by the city calculated at the total rate of SIXTEEN THOUSAND THREE HUNDRED SEVEN AND 20/100 DOLLARS ($16,307.20), per month for a period of ten (10) months to be billed twice per year. 6. INSURANCE City Insurance. City, at its sole cost and expense and for the full term of this Agreement shall obtain and maintain at least all of the following minimum insurance requirements. All or a portion of the required insurance may be satisfied through the use of a self- insurance program or pooled insurance, if any. The City must provide an affidavit of self- insurance, or pooled insurance if any. Page 3 of 7 005266.00001 14142400.1 PSUSD Agreement No. C0003401 agents, employees, or an officer of DISTRICT. 9. HOLD HARMLESS AND INDEMNIFICATION The District shall not be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the SRO, the City, or the City's employees or agents in the performance of this Agreement. The City shall assume the defense of, and shall indemnify and hold harmless the District from and against all actions or claims against District, its officers, agents or employees from any and all loss, including attorneys' fees, sustained by District by virtue of any damages to any person(s), firm or corporation who may be injured by or to any property that may be damaged arising out of the performance of this Agreement by City. Nothing in this Section 9 shall limit any liability of District or City, which liability pertains to any act or omission by any party arising from any event occurring outside of the performance of this Agreement by City. The indemnity provisions of this Agreement shall survive the expiration or earlier termination of this Agreement. 10. ASSIGNMENT Neither this Agreement nor any duties or obligations under this Agreement may be assigned by DISTRICT without prior written consent of the CITY. 11. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties with respect to the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral or otherwise, relative to this subject matter exists between the parties at the time of execution of this Agreement. Any modification of this Agreement shall be effective only if it is in writing and signed by both parties. 12. WAIVER Any waiver by the CITY of any breach of any one or more of the terms of this agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of CITY to require exact, full, and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof, or estopping CITY from enforcement hereof. 13. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Page 5 of 7 005266.00001 14142400.1 PSUSD Agreement No. C0003401 IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have signed in confirmation of this Agreement on the dates indicated below. **(USE BELOW FOR CITY SIGNATURE FORM)** PALM SPRINGS UNIFIED SCHOOL DISTRICT By: Name: Brian J. Murray, Ed.D. Title: Assistant Superintendent, Business Services lstr t) Date: Z�S ATTEST: City of Ca dral'ty Municipal Corporation By: Name: (Wit V145 . keC,I ci or) (City Manager) Date: 0%1.11.2()1(6 APPROVAL AS TO FORM AND CONTENT: City of Cathedral Citi Mu pal Corporation By: Name. Eric_ S (City Attorney) Date: Or Z6- -e)`c Page 7 of 7 005266.00001 14142400.1