HomeMy WebLinkAboutContract 1834 PSUSD Agreement No. C0003632
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 7, 2019 through June 5, 2020 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.
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2.2 DISTRICT agrees to comply with all reasonable requests of CITY necessary to
the performance of SRO's duties under this Agreement. DISTRICT agrees to
furnish space for use by the SRO while performing the above-described services.
3. SCHOOL RESOURCE OFFICER ASSIGNMENT
3.1 The SRO assigned to the District shall be selected by the City in consultation with
the District's Superintendent or designee. The SRO must successfully complete a
School Site orientation before his/her assignment. The SRO shall meet the
requirements of Education Code section 38001.5. The SRO shall have full
authority to act to discharge his or her law enforcement duties pursuant to the
policies and practices of the City. If circumstances permit, the Superintendent, or
designee, may be consulted with respect to the handling of certain situations,
provided that nothing in this Agreement shall restrict the discretion of the SRO in
his/her law enforcement activities.
3.2 The City shall retain the full responsibility and authority to direct and control the
activities of the SRO and supervise and discipline the SRO in accordance with the
collective bargaining agreement between the City and the City's Police Officers
Association then in effect. Notwithstanding the foregoing, the SRO shall
cooperate with the District relating to any event or activity which may involve a
SRO assigned to the District, including, without limitation, conferring with any
student, parent, faculty and school administrator. If a problem arises concerning
the performance of duties by an SRO, the principal or his/her designee shall state
such concerns in writing directed to the District's Superintendent, or his or her
designee, and the City police chief.
3.3 The City agrees it shall assign and have in attendance a SRO to the District for a
period of no less than ten (10) months during the school year. The SRO shall
have a regular work schedule of 7:30 a.m. to 3:30 p.m. five days per week.
3.4 The City shall retain the right to approve requests for sick leave, vacation, or other
absences. In the event an SRO will be absent from work when school is in
session, the SRO shall notify his/her supervisor in the City and the designated
representative of the District for the particular school assigned. For absences of
more than five (5) consecutive days' duration, the City may assign another fully-
trained officer to substitute for the reassigned SRO.
3.5 SRO's vacation time shall not conflict with the schedule of duties mutually
developed by DISTRICT and CITY. Because DISTRICT and CITY holidays may
not correspond, holiday time will be taken by the SRO in accordance with
DISTRICT holidays during the contract period. The excess days shall be taken
with reasonable notice to DISTRICT, but shall not conflict with the schedule of
duties mutually developed by DISTRICT and CITY.
3.6 The City will make reasonable efforts not to reassign an SRO when school is in
session. The District recognizes that there will be times when the SRO is
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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 SIX THOUSAND TWO
HUNDRED EIGHTY SIX AND 00/100 DOLLARS ($166,286.00), 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 SIX HUNDRED
TWENTY EIGHT AND 60/100 DOLLARS ($16,628.60), 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.
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A. Comprehensive General Liability
A policy with a minimum limit of not less than $1,000,000.00 combined single
limit per occurrence for bodily injury and property damage, providing at least all
of the following minimum coverages:
1) Personal Injury
B. Workers' Compensation and Employers' Liability
A policy written in accordance with the laws of the State of California and
providing coverage for any and all employees of the City.
1) This policy shall provide coverage for Workers' Compensation (Coverage
A)with statutory limits.
2) This policy shall also provide coverage of $100,000.00 Employers'
Liability(Coverage B).
C. Comprehensive Business Auto
A policy with a minimum of not less than $1,000,000.00 combined single limit
per occurrence for bodily injury and property damage. Coverage shall be
applicable (without deductibles) to any and all City leased, owned, hired, or non-
owned vehicles used in pursuit of any of the activities associated with this
agreement.
D. Special Provisions
The foregoing requirements as to the types and limits of insurance coverage to be
maintained by City, and any approval of said insurance by the District, or its
insurance consultants) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by City pursuant to this
Agreement, including but not limited to, the provisions concerning
indemnification.
7. ADMINISTRATION AND SUPERVISION
CITY, (or designee), shall administer this Agreement and supervise the SRO on behalf of
the CITY. The Superintendent of DISTRICT (or designee) shall administer this
Agreement on behalf of DISTRICT.
8. EMPLOYMENT STATUS
SRO shall remain employees of the City of Cathedral City on special assignment to
DISTRICT for the purposes set forth in this Agreement, and shall not be considered
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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.
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14. TERMINATION
The term of this agreement is for the 2019/2020 school year; however the agreement may
be amended at any time by the mutual consent of the parties hereto and may be
terminated by either party upon thirty(30) days written notice to the other of its intention
to do so. In the event this agreement is terminated, the cost shall be prorated on the basis
on one tenth per month of the remainder of the actual agreed services performed
hereunder.
15. DISPUTE RESOLUTION
With respect to any breach or dispute arising under this Agreement, the Parties shall meet
and attempt, in good faith and in using their best and reasonable efforts, to resolve may
be amended at any time by the he same. If such breach or dispute is not resolved by the
Parties, then the Parties shall meet and attempt to agree on an appropriate mode of
resolving the dispute or breach, e.g. arbitration, mediation or other forms of alternative
dispute resolution.
16. AUTHORITY
The signers of this Agreement have the capacity and are authorized to execute this
Agreement as the representatives of their respective Parties, and to bind said Parties to
the terms hereof. This Agreement is subject to the approval by the each Party's
governing body. The Parties have entered into this Agreement as of the day and year first
herein above appearing.
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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
B 1 -/ // ..-
y 1
I
Name: Brian J. Murray, Ed.D.
Title: Assistant Superintendent,Business Services
(Distri )
Date: l
ATTEST: City of Cat dra City a uni ipal Cori,ration
By:
Name: 0. - I 1 (V Com✓ Chciv 1( 5P.mt�oii
(Cit Mager)
Date: 0C1 s )2 .201"I
APPROVAL AS TO FORM AND CONTENT: Cr of Cathedral Cit; a j_14 •al Corporation
irr4Ori
By: lc �� ''�11 /�
Name:hl C S S. Via &ACP Or 11,aw�4 EG�K'Gl `t/
Date:
0P- /1---(
1-(City
2/7 �y)
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