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HomeMy WebLinkAboutAGMT - Los Alamitos (City of) [School Resource Officer] SCHOOL RESOURCE OFFICER REIMBURSEMENT AGREEMENT BETWEEN ft• ®S A� 014 -a el fig® 0 °A, SQ; %-a y'00�� s, THE CITY OF LOS ALAMITOS 3191 KATELLA AVENUE LOS ALAMITOS, CALIFORNIA 90720 AND 5EA( ��0 pRPORgj F9 S t*- ,tr: :co ; c% \;0271°-'`'= °, ��°rhOUNTV .P.\" THE CITY OF SEAL BEACH 211 - 8TH STREET SEAL BEACH, CALIFORNIA 90740 This School Resource Officer Reimbursement Agreement ("Agreement') is made as of the ls` day of July, 2013 (the "Effective Date") by and between the City of Los Alamitos ("Los Alamitos"), a California municipal corporation, and the City of Seal Beach ("Seal Beach-), a California charter city. Los Alamitos and Seal Beach shall be referred to herein collectively as the "Parties" and each individually as a "Party." 1 of 7 57296-0001A1583398v10.doc RECITALS 1. Los Alamitos has agreed to provide the Los Alamitos Unified School District (the "District") with a sworn peace officer to serve as a School Resource Officer (the "SRO") pursuant to an agreement between Los Alamitos and the District dated 15th day of July, 2013 (the "SRO Agreement"), a copy of which is attached hereto as Exhibit A to the Agreement below. 2. The Parties to this Agreement mutually desire to share the costs of providing the SRO to the District pursuant to the terms and conditions set forth in the Agreement below. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1. Term A. The term of this Agreement shall commence as of the Effective Date and continue until terminated as provided herein, but in no event shall survive the termination or expiration of the SRO Agreement. B. Seal Beach may terminate this Agreement upon 10—days notice to Los Alamitos if Los Alamitos fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. C. Seal Beach may terminate this Agreement without cause as of any anniversary of the Effective Date by providing 150—days prior notice to Los Alamitos. D. Los Alamitos may terminate this Agreement without cause by providing 60—days prior notice to Seal Beach. In the event of such termination, Los Alamitos shall refund to Seal Beach an amount equal to 1/365th of the amount it paid to Los Alamitos pursuant to this Agreement for the then current year fiscal year multiplied by the number of days remaining in that fiscal year as of the termination date. Such refund shall be due to Seal Beach on or before the termination. 2. Reimbursement A. Seal Beach shall reimburse Los Alamitos on an annual basis, 25% of the cost of the SRO provided to the District pursuant to the SRO Agreement. During the first year of this Agreement, the total reimbursement amount shall be $44,750, which shall be paid to Los Alamitos by July 31, 2013. In subsequent years, Los Alamitos shall give Seal Beach notice of any increase in the SRO's cost at least 60 days before such increase goes into effect. No increase in the SRO's cost of more than 5% shall be used to calculate the amount Seal Beach owes Los Alamitos under this Agreement unless Los Alamitos has provided the required written notice. B. Los Alamitos shall submit to Seal Beach annual invoices for all amounts claimed pursuant to this Agreement. Such invoices shall be submitted by November 15th of each year 2 of 7 57296-0001A1583398v10.doc commencing November 15, 2013, and shall identify the basis upon which the amount was calculated, including for example and not by way of requirement or limitation, the employment category and salary of the officer or officers who served as the SRO during the month for which reimbursement is claimed. Seal Beach shall pay Los Alamitos by June 30th of the following year. 3. Personnel A. All personnel performing services under the SRO Agreement shall at all times be under Los Alamitos' exclusive direction and control and none shall be deemed to be an employee of Seal Beach. Los Alamitos shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under the SRO Agreement and as required by law. Los Alamitos shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. B. Los Alamitos shall indemnify and hold harmless Seal Beach and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of Seal Beach officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Los Alamitos' personnel practices. The parties' duties under this paragraph shall survive termination of this Agreement. 4. Insurance Los Alamitos shall procure and maintain in full force and effect for the duration of this Agreement all insurance policies it is required to have under the SRO Agreement. Moreover, these policies must contain, or be endorsed to contain, the following provisions: A. Seal Beach, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of Seal Beach officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Los Alamitos; products and completed operations of Los Alamitos; premises owned, occupied or used by Los Alamitos; or automobiles owned, leased, hired or borrowed by Los Alamitos. The coverage shall contain no limitations on the scope of protection afforded to Seal Beach, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of Seal Beach officials which are not also limitations applicable to the named insured. B. For any claims related to this Agreement or the SRO Agreement, Los Alamitos' insurance coverage shall be primary insurance as respects Seal Beach, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of Seal Beach officials. Any insurance or self-insurance maintained by Seal Beach, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of Seal Beach officials shall be in excess of Los Alamitos' insurance and shall not contribute with it. C. Los Alamitos' insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3 of 7 57296-0001A1583398v10.doc D. Each insurance policy required by this Section shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days' prior written notice by first class mail has been given to Seal Beach, or 10 days' prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. E. Each insurance policy, except for the professional liability policy,required by this Section shall expressly waive the insurer's right of subrogation against Seal Beach and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of Seal Beach officials. 5. Indemnity Los Alamitos shall indemnify and hold harmless Seal Beach and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of Seal Beach officials (collectively "Indemnitees"), 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 acts or omissions of Los Alamitos in connection with the SRO or its performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the Indemnitees. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Los Alamitos shall defend Indemnitees, at Los Alamitos' own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Los Alamitos shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Los Alamitos' obligations to indemnify shall not be restricted to insurance proceeds, if any, received by either Party or the Indemnitees. All obligations under this Section shall survive termination of this Agreement. 6. Tort Liability Government Code Section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public agencies being parties to an agreement as defined in Government Code Section 895. In the event a court of competent jurisdiction construes this Agreement to be an agreement as defined in Government Code Section 895, each Party hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, assumes the full liability imposed upon it or any of its officers, agents, representatives or employees by law for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Party indemnifies and holds harmless the other Party for any loss, cost, or expense, including actual attorneys' fees that may be imposed upon or incurred by such other Party solely by virtue of Government Code Section 895.21. 4 of 7 57296-0001A1583398v10.doc 7. Dispute Resolution With respect to any breach or dispute arising under this Agreement, the Parties shall meet and attempt, in good faith and using their best and reasonable efforts, to resolve the 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. 8. Notice A. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the Party at the following addresses: If to Los Alamitos: City of Los Alamitos 3191 Katella Avenue Los Alamitos, California 90720 Attn: City Manager If to Seal Beach: City of Seal Beach 211 - 8th Street Seal Beach, California 90740 Attn: City Manager B. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 9. Miscellany A. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. B. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. C. This Agreement shall be governed by and construed in accordance with the laws of the State of California. D. No third party, including but not limited to the District, shall be deemed to have any rights hereunder against either Party as a result of this Agreement. E. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. In no event shall the making by Seal Beach of any payment to Los Alamitos constitute or be construed as a waiver by Seal Beach of any breach of covenant, or any default which may then exist on the part of Los Alamitos, and the making of any such payment by Seal Beach shall in no way impair or prejudice any right or remedy available to Seal Beach with regard to such breach or default. No waiver, benefit, 5 of 7 57296-0001A1583398v10.doc privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. F. If a Party commences any legal, administrative or other action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party all of its attorneys' fees and other costs incurred in connection therewith. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF LOS ALAMITOS CITY OF SEAL BEACH o By: L C// - ' By: "1 „, 0\ vsA l�/�._Warren Ku umoto Gy Miller Mayor Mayor Attest: Attest: 's'IIWIUa■•' go I By: , ' iPlitalifill.,\ By: el . 1/.41, .. indm. . Quintanar,CMC Linda Devine City Clerk City Clerk Approved to form: Approved as to form: By: �� ,//( By: c9-44-e/714"--, VI' 6gAbt-fjr'-- Cary Reisman Quinn Barrow City Attorney City Attorney 6of7 S7296-0001\1 583398v 10.doc EXHIBIT A SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN THE CITY OF LOS ALAMITOS AND THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT 7 of 7 57296-0001A 1583398v10.doc SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN THE CITY OF LOS ALAMITOS AND THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT This Agreement is made and entered into as of July 1, 2013, by and between the City of Los Alamitos ("Los Alamitos.' or "The City"). a municipal corporation, and the Los Alamitos Unified School District (the "District"), a public entity. The City of Los Alamitos and the District hereinafter may be referred to collectively as the"Parties.- RECITALS The Parties have entered into this Agreement with reference to the following facts and circumstances: 1. The District desires to contract with Los Alamitos for the assignment of a City SRO to provide police services at Los Alamitos High School as a School Resource Officer("SRO"). 2. The Parties intend that the SRO assigned to Los Alamitos High School will provide school-based police services. AGREEMENT NOW, THEREFORE, BASED UPON FOREGOING RECITALS WHICH THE PARTIES AGREE TO BE TRUE AND CORRECT, IT IS MUTUALLY AGREED AS FOLLOWS: t. TERM The initial term of this Agreement shall be from July 1, 2013. through June 30. 2016, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement shall not automatically extend beyond its initial term unless agreed to by the Parties. 2. SCOPE OF WORK The City of Los Alamitos agrees to assign one (I) SRO as the minimum staffing level under this Agreement. 3. SCHOOL RESOURCE OFFICER ASSIGNMENT The SRO assigned to the District shall be selected by the City of Los Alamitos Police Department in consultation with the District's Superintendent or designee. The SRO must successfully complete a District orientation before his/her deployment. 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 of Los Alamitos Police Department. 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 Los Alamitos 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 005591 130,060 11377639.1 Superintendent, or his or her designee. The SRO shall have a regular work schedule of four 10-hour days per week. It is intended that there will be some flexibility in that schedule from week to week, depending upon what is happening at LAHS. The Police Chief and the LAHS principal, or their designees, shall coordinate regarding such scheduling flexibility. It is intended that the SRO keep normal hours at LAHS only when school is in session, but the SRO will be available at other times, on an 'as needed' basis. The Police Chief and the LAHS principal, or their designees. shall coordinate regarding such other times when the SRO is needed. Los Alamitos intends to designate one specific sworn officer to be the SRO. Accordingly, the provision of services pursuant to this Agreement shall be subject to the availability of that specific officer, i.e., when that officer is off work due to vacation, sickness or injury, there will not be another officer available to perform the SRO's specific duties. Los Alamitos will make every reasonable effort to have those breaks in availability occur when school is not in session. 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. 4. VEHICLES AND EQUIPMENT Except as otherwise provided in this Agreement, the City shall furnish all equipment which may be required to support the SRO assigned to the District under this Agreement In addition, the City shall furnish each SRO with a vehicle which is equipped and maintained pursuant to City standards and policies, equipment for the vehicles. and maintenance for the vehicles. 5. CONSIDERATION It is the intention of the parties that the District pay to Los Alamitos 25% of the full cost to Los Alamitos of employing and equipping the SRO. That full annual cost has been determined to be $179.000 in the initial year of this Agreement. A full written accounting shall be provided to the Parties for approval prior to final execution of this Agreement. Upon full approval of the accounting referenced above, the District shall pay to Los Alamitos the amount of $44,750.00, no earlier than July 1. 3013, and no later than thirty days after approval by the governing body of District, for its share of the first-year cost of the SRO. For subsequent years, Los Alamitos shall give the District notice of and a full accounting for final approval of the amount due for the next year. no later than November 15'h Should notice and information not be provided by that time, then the City agrees that costs will not increase by more than 5% over the prior year. Payment shall be made to City between July rand July 1511 of each subsequent year. 00559100000 1137709,1 6. SRO NOT AN EMPLOYEE OF DISTRICT In the performance of services under this Agreement, Los Alamitos and the SRO shall not be considered employees of the District. Nothing herein shall be construed or deemed to create the relationship of employer/employee or principal/agent as between the District and the SRO assigned under this Agreement. Directions issued by the District to the SRO only relate to the objectives to be achieved and not the actual means to accomplish such objectives. The City of Los Alamitos shall assume responsibility for federal and state income tax withholding for its employees, including but not limited to the Federal Income Tax (FIT), State Income Tax (SIT), Federal Insurance Contributions Act (PICA), State Unemployment Insurance (SU1). and State Disability Insurance (SDI), and any other deductions from income that the City of Los Alamitos is required to make as the employer of the SRO. 7. WORKERS' COMPENSATION The District's responsibility for compensation under this Agreement shall be limited to the provisions of Section 5. The District shall not be responsible for providing workers' compensation insurance or any other protective insurance coverage or employment benefit to the SRO that is based upon the relationship of employer and employee. 8. INDEMNITY 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 not be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the District, or the District's employees or agents in the performance of this Agreement. Each party shall indemnify, defend, and save harmless the other party, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with either party's operations, or services hereunder, including any workers' compensation suits, liability, or expense. arising from or connected with service by any person pursuant to this Agreement. If liability is imposed pursuant to Section 830, et seq., of the Government Code. by reason of a dangerous condition of public property of the District, the District shall assume liability and defend and hold the City. its officers, employees and agents harmless from any action, loss, costs, or expenses caused by any condition of District property and any negligent or wrongful act or omission of District officers, agents and employees, in any way connected with such condition of District property. The indemnity provisions of this Agreement shall survive the expiration or earlier termination of this Agreement. 9. INSURANCE Insurance. Each party, 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 parties must provide an affidavit of self-insurance, 005501 00060 11377630 1 or pooled insurance if any. A. Comprehensive General Liability A policy with a minimum limit of not less than $2,000.000 combined single limit per occurrence for bodily injury and property damage. providing at least all of the following minimum coverages: 1) Premises Operations 2) Blanket Contractual 3) 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 party. 1) This policy shall provide coverage for Workers' Compensation (Coverage A) with statutory limits. 2) This policy shall also provide coverage of$100,000 Employers' Liability (Coverage B). C. Comprehensive Business Auto A policy with a minimum of not less than S2,000,000 combined single limit per occurrence for bodily injury and property damage. Coverage shall be applicable (without deductibles) to any and all 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 the parties, and any approval of said insurance by the other party, or its insurance consultants) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by each party pursuant to this Agreement. including but not limited to, the provisions concerning indemnification. E. If City does not already have a type or amount of insurance called for in this paragraph, or if the addition of an additional insured clause results in an additional premium to City, City shall have the choice of obtaining it, and increasing the charge to District by 50% of the cost thereof. or of cancelling this Agreement forthwith. F. If District does not already have a type or amount of insurance called for in this paragraph, or if the addition of an additional insured clause results in an additional premium to District. District shall have the choice of obtaining it at its own expense, or of cancelling this Agreement forthwith. 10. TERMINATION City shall have the right to terminate this Agreement upon sixty days written notice to District. District shall be entitled to terminate this Agreement by providing written notice of non-renewal at least one hundred fifty days before the beginning of the next fiscal year, to wit, July 1". If District fails to provide said written notice by said date, this Agreement shall be continue in force for the subsequent contract year. In the event of such termination. City shall be paid for its services performed to the effective date of such termination. (105501.00060 1137700 I 11. NOTICES Any written communication required during the administration of this Agreement, including notice of termination or cancellation, shall be addressed to the respective Party as follows: DISTRICT: CITY OF LOS ALAMITOS Los Alamitos Unified School District City of Los Alamitos Attn: Patricia L. Meyer Attn: City Manager 10293 Bloomfield Street 3191 Katella Avenue Los Alamitos, CA 90720 Los Alamitos, CA 90720 Any Party who desires to change its address for notice may do so by giving notice as set forth herein. 12. EMERGENCY In the event of an emergency situation in which staffing of the SRO must change, the parties will meet, discuss, and determine a resolution, including financial reimbursement if applicable. 13. NON-WAIVER Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement. 14. MODIFICATION No waiver, alteration, modification, or termination of this Agreement shall be valid unless made in writing and duly signed by the Parties hereof 15. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 16. SEVERABILITY If any term, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in full force and effect unless the primary purpose of the Agreement to a Party has been determined to be invalid. 17. SUCCESSORS AND ASSIGNS All rights of each Party under this Agreement shall inure to the benefit of its successors in interest and assigns; all obligations and burdens assumed under this Agreement by each Party shall bind the successors in interest and assigns of each Party. 00559 I IID06n 1377639 1 18. GOVERNING LAW The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California, the state in which the Agreement is signed. The Parties agree that venue for any legal action concerning any dispute arising under tins Agreement shall be a court of competent jurisdiction located in Orange County, California. 19. INTEGRATION This Agreement embodies the entire agreement of the Parties in relation to the scope of services herein described, and no other agreement or understanding verbal or otherwise, exists between the Parties. 20. DISPUTE RESOLUTION With respect to any breach or dispute arising under this Agreement, the Parties shall meet and attempt, in good faith and using their best and reasonable efforts, to resolve the 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. 21. 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. [** Signatures on following Page **] 009941 0(■300 11377639.1 Intending to be legally bound, the parties' authorized representatives have executed this Agreement,below, as of July 2 9 2013. City of Los Alamitos (5/ Mayor, Warren Kusumoto Attest: j ll City C.• r , Windmera Quintanar , CMC Approv�as to form:77 City ey, Cary S. Res iman Los Alamitos/Unified School District K---)1 . A by David Boyer, Boa d President Attest: 1 116 gib Eby) Sherrc)ropp, S p rintendent Approved as to form: I 6( . Attorney for District 0055900060 11377639.1