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HomeMy WebLinkAboutItem L OF SEA<`6iFq', AGENDA STAFF REPORT 1 ''"%/FORte-: DATE: June 27, 2016 TO: Honorable Mayor and City Council FROM: Jill R. Ingram, City Manager SUBJECT: SCHOOL RESOURCE OFFICER REIMBURSEMENT AGREEMENT SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6656 approving the School Resource Officer Reimbursement Agreement between the City of Los Alamitos and the City of Seal Beach. BACKGROUND AND ANALYSIS: The Los Alamitos Police Department assigned its first School Resource Officer (SRO) to Los Alamitos High School in 2004. The SRO was tasked with exemplifying proactive law enforcement involvement and placing a strong emphasis on cultivating positive community relations for over 3,000 students at Los Alamitos High School. The SRO worked with the faculty and staff to review dangerous situations on or near the campus, and the SRO's presence also served to deter non-student or uninvited guests on campus. However, this program, while highly effective, was suspended by the City of Los Alamitos in 2009 due to budget reductions. In combination with their continued efforts to improve student safety at all of their schools, in September 2012 the Los Alamitos Unified School District identified student safety as their highest priority goal and created a Violence Prevention and Response Task Force to establish more current practices in responding to emergency crises situations that can occur in schools. One of the recommendations of the Task Force was the creation of an SRO position, to be filled by a full-time sworn police officer. In 2013, the City of Seal Beach, City of Los Alamitos, and the Los Alamitos Unified School District (LAUSD) implemented the Violence Prevention and Response Task Force recommendation which created the SRO position at Los Alamitos High School. The School Resource Officer Reimbursement Agreement took effective July 1, 2013. The current agreement will expire on June 30, 2016. In that regard, the City of Seal Beach and City of Los Alamitos have agreed to terms of the attached School Resource Officer Reimbursement Agreement, Agenda Item L wherein the City of Seal Beach will continue to reimburse the City of Los Alamitos 25% of the cost of the SRO provided to the Los Alamitos Unified School District, to serve at Los Alamitos High School during the regular school year. The City of Los Alamitos will contribute 50% of the cost, and the Los Alamitos Unified School District will contribute 25% of the cost. The City of Los Alamitos and the Los Alamitos Unified School District have entered into a separate agreement to define terms of their cost sharing partnership. The term of the Agreement will be effective as of July 1, 2016, and continue until terminated by either the City of Seal Beach or City of Los Alamitos. The SRO will be a sworn police officer under the exclusive direction and control of the City of Los Alamitos, and will not be deemed an employee of the City of Seal Beach. The City of Seal Beach will reimburse the City of Los Alamitos 25% of the total cost of the SRO, including all wages, salaries, and other benefits as required by law. During the first year of this Agreement, the total reimbursement amount shall not exceed $38,000, which was included within the FY 2016-17 annual budget. The City of Los Alamitos approved the Los Alamitos-Seal Beach SRO agreement as well as their Los Alamitos-LAUSD SRO agreement during their June 20, 2016 City Council meeting. Los Alamitos Unified School District approved their SRO agreement with the City of Los Alamitos during their June 7, 2016 School Board meeting. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the agreement as to form. FINANCIAL IMPACT: The City of Seal Beach will reimburse the City of Los Alamitos on an annual basis at a maximum of 25% of the cost of the SRO provided to the Los Alamitos Unified School District. The City of Los Alamitos must provide an accounting of the costs each year, no later than April 15th. During the first year of this Agreement, the total reimbursement amount shall not exceed $38,000. This expenditure was funded and approved in the FY 2016-17 annual budget. RECOMMENDATION: That the City Council adopt Resolution No. 6656 approving the School Resource Officer Reimbursement Agreement between the City of Los Alamitos and the City of Seal Beach. Page 2 SUBMITTED BY: , Jill - •ram, City Manag Attachments: A. Resolution No. 6656 B. 2016 School Resource Officer Reimbursement Agreement C. Redline School Resource Officer Reimbursement Agreement Page 3 Attachment "A" RESOLUTION NUMBER 6656 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A SCHOOL RESOURCE OFFICER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LOS ALAMITOS AND THE CITY OF SEAL BEACH THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the School Resource Officer Reimbursement Agreement dated July 1, 2016 between the City of Seal Beach and the City of Los Alamitos to share 25% of the cost of providing a School Resource Officer to the Los Alamitos Unified School District. For the first year of this agreement, the total reimbursement amount shall not exceed $38,000. Section 2. The City Council hereby authorizes and directs the Mayor to execute the Agreement, pending approval by the Los Alamitos City Council, and pending approval of the Agreement between the Los Alamitos Unified School District and City of Los Alamitos. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of June , 2016 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6656 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of June , 2016. City Clerk Attachment "B" SCHOOL RESOURCE OFFICER REIMBURSEMENT AGREEMENT BETWEEN p IS 4 t J ^r,, �t p t°T/ p7 �� � r' Q 4 1104 SS�� 44494 THE CITY OF LOS ALAMITOS 3191 KATELLA AVENUE LOS ALAMITOS, CALIFORNIA 90720 AND 74 SEA( Bt. V= %°R RAT`` y��i o Q' ..,27 `'►COUNTY ,,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 1st day of July, 2016 (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 57296-0001\1583398v10.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 the 1st day of July, 2016 (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 $38,000, which shall be paid to Los Alamitos by July 1, 2016. For subsequent years, Los Alamitos shall give Seal Beach notice of and a full accounting for final approval of the amount due for the next year, no later than April 15th. Payment shall be made to City at the beginning of each fiscal year between July 1st and July 15th of each subsequent year. Seal Beach shall assist the City in seeking funds from the County of Orange, 2 of 7 57296-0001\1583398v10 doc Rossmoor Community Services District and/or the Rossmoor Homeowners Association for the SRO. 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. 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 3 of 7 S7296-0001\1583398v 10.doc 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. 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 4 of 7 S7296-0001\1 583398v 10.doc 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, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 5 of 7 S7296-0001\1 5 83 398 v 10.doc 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 By: By: Richard D. Murphy Sandra Massa-Lavitt Mayor Mayor Attest: Attest: By: By: Windmera Quintanar, CMC Robin L. Roberts City Clerk City Clerk Approved as to form: Approved as to form: By: By: Cary Reisman Quinn Barrow City Attorney City Attorney 6 of 7 S7296-0001\1 583 398 v 10.doc EXHIBIT A SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN THE CITY OF LOS ALAMITOS AND THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT 7 of 7 57296-0001\1583398v10.doc Attachment "C" SCHOOL RESOURCE OFFICER REIMBURSEMENT AGREEMENT BETWEEN v . • t� sci sa:1- INN 4a t cyoe c 5v"v THE CITY OF LOS ALAMITOS 3191 KATELLA AVENUE LOS ALAMITOS,CALIFORNIA 90720 AND vco P garFeF'q„y,4 *= ;*ss �.�4 e'FC�UNTV �\' THE CITY OF SEAL BEACH 211-8TH STREET SEAL BEACH,CALIFORNIA 90740 This School Resource Officer Reimbursement Agreement ("Agreement") is made as of the 1"day of July, 2016 (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 57296-0001\1583398v1Odoe. - . ... 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 the 1st day of July,2016 (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 $-f')_;$!)()( , which shall be paid to Los Alamitos by July 1,2016. In,,+1Ewecit+et+1 +-c',++ .I •+ivr., et+l 13r,tc1+++t+Hre,.1�++++ +e t°+t 41-e,S-ir'< le-o-.1 hell+r■-s++<1+ +++1+---Y1+rt +++,+ iH N+c° 144 1-4--t F- +l t+r--++-e--+F+,+++ ? l �F 1+,'-++,t•+4--4 .ti tiltr+k++r. tl+r--r+t++„+f++1 wt's l 14-rdt4 Alaiw+l,+9 ut+rlrr-I lug. 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A ,unill. 111011 HI`c tirul 134:.1(11 11141(( 11 ,11141 i 11111_i(f(H111111 4, --_1111 Iui,il ,i{1{411„,111 111C 01111/11111 l flc HI Ir f,( 4,C{11 il(i I 1444 it �I n u:r n( .11,111 hr 111,1f1r 11 ( h, .0 the 14'1'11111111f 11 t',I411 1110,11 vcan c�lvvcrn I11I'. 1>I ,111(1 11 each 1,1111,C,014'111 \C,I1 '4%11 1Scnrh 411s111 ati.is1 ihr ('il■ in 1,0r1.111'2 Iunfl> I11u1 Ihr ('1u111v 11 <h.nI_^c- R(4,1011001 ('Oin11iu1111v SCrl1i1s OH'lt.1 n11f1/1r Ihr NN ,ym11t 111n4c144.urr>, ,A»uriuliln 114 the ,SRO fhe 01.44-14++44-(4114'41.411- ,44-t4l-14-t4Hc Ire,+t 41-4+,,r,+l-rent+ 114414 I+r teatirec4 1 4 r.441,+++44+4.40 4ere+i-4(I 1++r+4t 111e -( 44th+4�- 441._4)r,t+tre *4+tit+4irt++lr-. 4 e. )4,11 ft f rii+tl/,a 1474111r4+44'14tH, V.0,0140011011 Formatted:Formatted:Body 1",b1, No bullets or numbering 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 tFormatted:FooterTxt Formatted:FooterTxt 3 of 7 ,57296-0001\158198v10.do Ite . • • 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. 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 t Formatted:FooterTxt agencies solely by reason of such public agencies being parties to an agreement as defined in I Formatted:FooterTxt 4 of 7 ,s7,226_oQpm5 n ig.do:_ . .. •, _•. • 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. 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. 5 of 7 S7296-IXNHV1583398v10.doe. ... . . .. _ _ - ��� 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, 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 By: By: Richard D.Murphy Sandra Massa-Lavitt Mayor Mayor Attest: Attest: By: By: Windmera Quintanar,CMC Robin L.Roberts City Clerk City Clerk Approved as to form: Approved as to form: By: By: Cary Reisman Quinn Barrow City Attorney City Attorney 6 of 7 S7296-0001\1583398v10.doe. . ... '- _ . EXHIBIT A SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN THE CITY OF LOS ALAMITOS AND THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT 7 of 7 S7296-OOOI\1583398v10.doi.. -•. ... . .. .-. - _•