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HomeMy WebLinkAboutAGMT - Los Alamitos, City of (School Resource Officer Reimbursement)ADDENDUM TO SCHOOL RESOURCE OFFICER AGREEMENTS BETWEEN THE CITY OF LOS ALAMITOS, THE CITY OF SEAL BEACH, AND THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT This Addendum to School Resource Officer Agreements ( "Addendum ") is made and entered into as of the 24`h day of October 2018 ( "Effective Date ") by and between the City of Los Alamitos ( "Los Alamitos "), a California charter city, the City of Seal Beach ("Seal Beach "), a California charter city, and the Los Alamitos School District ( "District'), a public entity. Los Alamitos, Seal Beach, and District hereinafter may be referred to individually as a `Party," or collectively as the "Parties." RECITALS A. District and Los Alamitos entered into that certain School Resource Officer Agreement dated July 1, 2016 ( "District Agreement`) whereby Los Alamitos agreed to provide District with a sworn police officer to serve as a School Resource Officer ( "SRO ") at Los Alamitos High School, a copy of which is attached hereto as Exhibit "A" and incorporated herein. B. Seal Beach and Los Alamitos entered into that certain School Resource Officer Reimbursement Agreement dated July 1, 2016 ( "City Reimbursement Agreement') whereby Seal Beach and Los Alamitos agreed to share the costs of providing the SRO to the District, a copy of which is attached hereto as Exhibit "B" and incorporated herein. C. The District Agreement and City Reimbursement Agreement are collectively referred to herein as the "SRO Agreements." D. Los Alamitos is temporarily unable to assign a SRO to Los Alamitos High School at the minimum staffing level anticipated by the SRO Agreements. E. Seal Beach has offered to provide a sworn police officer to temporarily serve as a SRO at Los Alamitos High School, and the Parties mutually desire that such temporary SRO services be provided pursuant to the terms and conditions set forth in this Addendum. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties agree as follows: AGREEMENT 1. Term a. The term of this Addendum shall commence as of the Effective Date and continue until May 30, 2019. a. During the term of this Addendum at such times when a Seal Beach uniformed officer is providing temporary SRO services in accordance with Section 3, the provisions of the Addendum shall supersede the SRO Agreements and control in all manner the 1351469.3 provision of SRO services at Los Alamitos High School. The respective obligations of the Parties under the SRO Agreements shall be suspended during the term of this Addendum at such times when a Seal Beach uniformed officer is providing temporary SRO services in accordance with Section 3. b. 11' a Los Alamitos uniformed officer is reassigned to serve as the SRO at Los Alamitos High School at any time on /after January 7, 2019, the SRO Agreements shall revive automatically and, except as modified by Sections 5 and 6 below, continue in full force and effect. 2. Scope of Work Seal Beach shall assign one (1) SRO to Los Alamitos High School as the minimum staffing level under this Addendum. 3. Temporary School Resource Officer Assignment a. Seal Beach agrees to provide to District a uniformed officer, assigned to Los Alamitos High School. for the sole purpose of temporarily backfilling the vacated position of SRO for Los Alamitos. The Seal Beach officer is expected to be assigned and conducting SRO duties beginning October 29, 2018 and ending December 21, 2018, except as provided in subsection (b) below. The Seal Beach officer is expected to check in with the Administration Office on campus and to be present at the Los Alamitos High School no later than 7:30 am and should depart no sooner than 3:30 pm, Monday through Friday on school days only. The Seal Beach officer is expected to provide counseling to students and staff members of District, regarding various topics of law, rules and regulations, and general life concerns. Except as necessary to engage an immediate threat, the Seal Beach officer is required to immediately call for a Los Alamitos police officer when a criminal violation or need for investigation has been identified. The Seal Beach officer is expected to engage any immediate and /or eminent threat on campus to the staff, students and visitors. consistent with best practices and policy. The Seal Beach officer will complete daily reports on the templates and computer access provided him or her, which are due to the Los Alamitos SRO supervisor and the Seal Beach Police Department Operations Commander at the end of each week. These reports will be summarized by the Los Alamitos Police Operations Captain in a quarterly report for review by the Parties. The Los Alamitos Police Department patrol officers will continue to conduct extra patrol checks during this operational period and attend those meetings normally attended by the SRO and will not require the Seal Beach officer to attend these meetings. b. The Parties anticipate that Los Alamitos will resume full responsibility for the provision of SRO services at Los Alamitos High School on January 7, 2019. However, if Los Alamitos is unable to staff the SRO position at any time on/after January 7, 2019, Seal Beach agrees to reinstate upon one (1) day's notice, on an as needed basis and at the request of the Los Alamitos City Manager, a Seal Beach officer to temporarily serve as SRO. 1351469.3 4. Vehicles and Equipment Seal Beach shall furnish all equipment which may be required to support the SRO assigned to Los Alamitos High School under this Addendum. Additionally, Seal Beach shall furnish each SRO with (1) a vehicle equipped and maintained pursuant to Seal Beach standards and policies. 5. Consideration a. Los Alamitos Payment to Seal Beach. In exchange for the provision of temporary SRO services pursuant to this Addendum for the period ending December 21, 2018, Los Alamitos shall pay to Seal Beach, within thirty (30) days following the Effective Date, a one -time payment of ten thousand one hundred forty -seven dollars and seventy -five cents ($10,147.75) as specified in the City of Seal Beach Officer Budget Detail, attached hereto as Exhibit "C ". If Seal Beach performs additional temporary SRO services at any time on/after January 7, 2019 pursuant to Section 3(b), Los Alamitos shall compensate Seal Beach at the hourly rate of thirty -seven dollars and thirty -one cents ($37.31), which amount constitutes 45% of the per/hour calculated daily rate for the Seal Beach officer. In any month in which Seal Beach wishes to receive payment for such additional temporary SRO services, Seal Beach shall submit to Los Alamitos an invoice for services rendered prior to the date of the invoice. Los Alamitos shall pay, Seal Beach for all undisputed expenses stated thereon within thirty (30) days of receipt of Seal Beach's invoice. b. District Payment to Seal Beach. In exchange for the provision of temporary SRO services pursuant to this Addendum, District shall pay to Seal Beach, within thirty (30) days following the Effective Date, a one -time payment of six thousand seven hundred sixty -five dollars and seventeen cents ($6,765.17) as specified in the City of Seal Beach Officer Budget Detail, attached hereto as Exhibit "C ". If Seal Beach performs additional temporary SRO services at any time on/after January 7, 2019 pursuant to Section 3(b), District shall compensate Seal Beach at the hourly rate of twenty -four dollars and eighty - seven cents ($24.87), which amount constitutes 30% of the per /hour calculated daily rate for the Seal Beach officer. In any month in which Seal Beach wishes to receive payment for such additional temporary SRO services. Seal Beach shall submit to District an invoice for services rendered prior to the date of the invoice. District shall pay Seal Beach for all undisputed expenses stated thereon within thirty (30) days of receipt of Seal Beach's invoice. 6. Reimbursement a. Los Alamitos Reimbursement to District. To reimburse District for the 115 school days during which Los Alamitos was unable to assign a SRO to Los Alamitos High School at the minimum staffing level anticipated by the SRO Agreements, Los Alamitos shall pay to District, within thirty (30) days following the Effective Date, a one -time payment of sixteen thousand five hundred twenty -five dollars and fifty -nine cents ($16,525.59) as specified in the City of Los Alamitos School Resource Officer Budget Detail, attached hereto as Exhibit "D ". 1351469.3 b. Los Alamitos Reimbursement to Seal Beach. In addition to the payment made pursuant to Section 5(a) above, to reimburse District for the 115 school days during which Los Alamitos was unable to assign a SRO to Los Alamitos High School at the minimum staffing level anticipated by the SRO Agreements, Los Alamitos shall pay to Seal Beach, within thirty (30) days following the Effective Date, a one -time payment of thirteen thousand seven hundred seventy -one dollars and thirty -three cents ($13,771.33) as specified in City of Los Alamitos School Resource Officer Budget Detail, attached hereto as Exhibit "D 7. Personnel a. All Seal Beach personnel performing SRO services under this Addendum shall at all times be under the exclusive direction and control of Seal Beach and none shall be deemed to be an employee of Los Alamitos or District. Seal Beach shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Addendum and as required by law. Seal Beach 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. Seal Beach shall indemnify, defend and hold harmless Los Alamitos and District and their respective elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City or District officials (collectively, "Indemnities'), from any and all liability, damages, claims. costs and expenses of any nature relating to, and to the extent arising from Seal Beach's personnel practices. The Parties' duties under this paragraph shall survive expiration of this Addendum. 8. Insurance Seal Beach, at its sole cost and expense and for the full term of this Addendum 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. Seal Beach must provide an affidavit of sell'- insurance, 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 1351469.3 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 Seal Beach. 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 $2,000,000 combined single limit per occurrence for bodily injury and property damage. Coverage shall be applicable (without deductibles) to any and all Seal Beach leased, owned, hired. or non -owned vehicles used in pursuit of any of the activities associated with this Addendum. d. Special Provisions. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Seal Beach, and any approval of said insurance by Los Alamitos and the District are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seal Beach pursuant to this Addendum, including but not limited to, the provisions concerning indemnification. e. Required Endorsements. The policies required to be maintained by this Addendum must contain. or be endorsed to contain, the following provisions: 1) Los Alamitos and District, their respective officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of Los Alamitos or District officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Seal Beach: products and completed operations of Seal Beach: premises owned, occupied or used by Seal Beach; or automobiles owned, leased, hired or borrowed by Seal Beach. The coverage shall contain no limitations on the scope of protection afforded to Los Alamitos or District, their respective officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of Los Alamitos or District officials which are not also limitations applicable to the named insured. 2) For any claims related to this Addendum, Seal Beach's insurance coverage shall be primary insurance as respects Los Alamitos and District, their respective officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of Los Alamitos or District 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' and District's insurance and shall not contribute with it. 1351469.3 3) Seal Beach's 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. 4) 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 Los Alamitos and District, or 10 days' prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. 5) Each insurance policy, except for the professional liability policy, required by this Section shall expressly waive the insurer's right of subrogation against Los Alamitos and District, their respective officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of Los Alamitos or District officials. 9. Indemnity Seal Beach shall indemnify, defend and hold harmless Los Alamitos and District and their respective elected and appointed officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of Los Alamitos or District 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 Seal Beach in connection with the temporary SRO or its performance of this Addendum, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except to the extent such loss or damage arises from the negligence or willful misconduct of any 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, Seal Beach shall defend, with counsel of Seal Beach's choosing, Indemnitees, at Seal Beach's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees, except to the extent such loss or damage arises from the sole negligence or willful misconduct of any of the Indemnities. Seal Beach shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in enforcing the indemnity herein provided. Seal Beach's obligations to indemnify shall not be restricted to insurance proceeds, if any, received by either Seal Beach or the Indemnitees. Indemnitees shall provide prompt written notification to Seal Beach of any claim, action or lawsuit covered by this Section, and shall cooperate reasonably in any defense. Seal Beach shall have the authority to make all strategic decisions with regard to any such claim, action or lawsuit including, without limitation, the authority to settle. All obligations under this Section shall survive expiration of this Addendum. 10. Tort Liabilitv 1351469.3 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 Addendum 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. 11. Dispute Resolution With respect to any breach or dispute arising under this Addendum, 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. 12. Notice a. All notices permitted or required under this Addendum 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 Sea] Beach: City of Seal Beach 211 - 8th Street Seal Beach, California 90740 Attn: City Manager If to District: Los Alamitos Unified School District 10293 Bloomfield Street Los Alamitos, California 90720 Attn: Superintendent If to Los Alamitos: City of Los Alamitos 3191 Katella Avenue Los Alamitos. California 90720 Attn: City Manager b. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 11514693 13. Miscellaneous a. This Addendum contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Addendum may only be modified by a writing signed by each Party. b. The invalidity in whole or in part of any provisions of this Addendum shall not void or affect the validity of the other provisions of this Addendum. C. This Addendum shall be governed by and construed in accordance with the laws of the State of California. d. 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 Los Alamitos or District of any payment to Los Alamitos constitute or be construed as a waiver by Los Alamitos or District of any breach of covenant, or any default which may then exist on the part of Seal Beach, and the making of any such payment by Los Alamitos or District shall in no way impair or prejudice any right or remedy available to them 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. C. If a Party commences any legal, administrative or other action against another Party arising out of or in connection with this Addendum, the prevailing Party in such action shall be entitled to have and recover from the losing Party(ies) 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 Addendum as of the date and year first above written. CITY OF SEAL BEACH/)�, By: Mike Varipapa Mayor Attest: f v By: Robin L. oberts City Clerk Approved as to fo By: Craig A. Steele City Attorney 1351469 3 ITY OF LOS ALAMI 1I- By: Troy Edgar ayor Attest: By: Windme Quintanar, MMC City AAttorney Approved as By: Mich City 13. Miscellaneous a. This Addendum contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Addendum may only be modified by a writing signed by each Party. b. The invalidity in whole or in part of any provisions of this Addendum shall not void or affect the validity of the other provisions of this Addendum. C. This Addendum shall be governed by and construed in accordance with the laws of the State of California. d. 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 Los Alamitos or District of any payment to Los Alamitos constitute or be construed as a waiver by Los Alamitos or District of any breach of covenant, or any default which may then exist on the part of Seal Beach, and the making of any such payment by Los Alamitos or District shall in no way impair or prejudice any right or remedy available to them 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. e. If a Party commences any legal, administrative or other action against another Party arising out of or in connection with this Addendum, the prevailing Pam in such action shall be entitled to have and recover from the losing Party(ies) 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 Addendum as of the date and year first above written. CITY OF SEAL BEACH By: \- CITY OF LOS ALA By: Troy Edgar Mayor Attest: By: Windmer Q� City Clerk Approved as to form: By: Michael S. Dau t City Attorney Attest: NL.Robe By: Approved as to form: By: Craig A. Steele City Attorney 1351469.3 CITY OF LOS ALA By: Troy Edgar Mayor Attest: By: Windmer Q� City Clerk Approved as to form: By: Michael S. Dau t City Attorney IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Addendum as of the date and year first above written. LIN OF SEAL BEACH Varipapa By: Attest: Attest: By: By: Robin L. Rob s City Clerk Approved as to form: By: Craig A. Steele City Attorney LOS ALA O IFIED SCHOOL DISTRICT By: Attest: By: E' Approved as to form: By: Vii � F C m >1-L1 rJ t2�3 q1 OF LOS ALAMITOS Edgar Windmera Qm tanar, CMC City Clerk Approved as to form: IIn Michael S. Daudt City Attorney 1351469.1 7 Exhibit "A" School Resource Officer Agreement Between the City of Los Alamitos and the Los Alamitos Unified School District (July 1, 2016) 13514693 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 I" day of July, 2016, 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 Citv 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: 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: TERM The initial term of this Agreement shall be from July 1, 2016, through June 30, 2019, 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 (1) 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 Superintendent, or his or her designee. The SRO shall have a regular work schedule of four. 10 -hour days per tyeek. 11 is intended that there w ill be some flexibility in (hat schedule front week to week, depending upon what is happening at LAHS. The Police Chief and the LAMS 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 he 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 he 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 availabilitv 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. VEHICLES AND EQUIPMENT Except as othervise 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 t'or the vehicles. 5. CONSIDERATION It is the intention of the parties that the District pay to Los Alamitos 30% of the full cost to Los Alamitos of employing and equipping the SRO. That full annual cost has been determined to be $152,000 in the initial %ear 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 $45.600, no earlier than Jule L 2016, and no later than thirty days after approval by the goveming 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 April 15'h Payment shall he made to City at the beginning of each fiscal year between July I" and July 15 "' of each subsequent year. The District shall assist the Ciq in seeking funds from the County of Orange. Rossmoor Community Services District and /or the Rossmoor Homeowners Association for the SRO. If the County of Orange, Rossmoor Community Services District and /or the Rossmoor Homeowners Association pays for at least 5% of the cost of the SRO. the amount due from the District cacti fiscal rear shall be reduced to 25 %. INDEPENDENT CONTRACTOR In the performance of services under this Agreement. Los Alamitos and the SRO shall act as independent contractors and not as employees of the District. Nothing herein shall be construed or deemed to create the relationship of employer/employee or principallagent as between the District and the SRO assigned under this Agreement. Directions issued by the District to the SRO only relate to the ubjectives 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 (SUI), 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. 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 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 assume the defense ot'. and shall indemnify and hold harmless District from and against all actions or claims against District, its officers. agents or employees from any and all loss, including anomeys' 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 8 shall limit any liability of District or City. tshich 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. 9. 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. 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: I) Premises Operations 2) Blanket Contractual 3) Personallnjury 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. I) 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 52.000.000 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. E. If City does not already have a type or amount of insurance called for in this paragraph, City shall have the choice of obtaining it, and increasing the charge to District by 25% of the cost thereof, 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 I ". If District fails to provide said written notice by said date, this Agreement shall continue in force for the subsequent contract year. In the event of such termination. City shall be paid for its services performed up in the effective date of such termination. 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 ALA MITOS Los Alamitos Unified School District City of Los Alamitos Attn: Patricia L. Meyer Ann: Cite Manager 10293 Bloomfield Street 3191 Katclla 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. SEVERARILITY If any term. covenant, or condition of this Agreement is held by a coup 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 Parry 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. 18. GOVERNING LAW The interpretation and enforcement of this Agreement shall be governed by the laws of the Stale of California. the state in which the Agreement is signed. The Parties agree that venue for any legal action conceming any dispute arising under this Agreement shall be a court of competent jurisdiction located in Orange CoumN. 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 other"'ise, 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 outer 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 subiect 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 I'ollotving Page '•] Intending to he legally bound, the panics' authorized representative+ have executed this Agreement, below, as of I" day of July. 2016. City of Los Alamitos Ric and D. Mural TNa • r Attest: Antanar. m, City C e Approved as to torm: Cary Reisman, Los Alamitos Unified School District 2' �� Exhibit "B" School Resource Officer Reimbursement Agreement Between the City of Los Alamitos and the City of Seal Beach (Jul), 1, 2016) 1351369.3 SCHOOL RESOURCE OFFICER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LOS ALAMITOS 3191 KATELLA AVENUE LOS ALAMITOS, CALIFORNIA 90720 AND THE CITY OF SEAL BEACH 211 - 8TH STREET SEAL BEACH, CALIFORNIA 90740 This School Resource Officer Reimbursement Agreement ( "Agreement ") is made as of the I" 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 Sea] 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." I of 7 57296- 0001AI 583398v 10.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 l" 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 terns 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 I0—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\1 g3398rI OAm 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 3of7 S7296-0001\15833M I O.dm 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 Sea] 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 thetas 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 Govermnent 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 57296- 0001 %1583398v I O.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 57296 -000 I k 583398v 10.do 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 By: Ri hard D.Murphy Mayor Attest By: Windmer `Quintanar, CM City Clerk Approved as� form: am Cary Reisman City Attorney 6of7 57296- 0001 \I 583398v I O.doc CITY OF BEACH By: Attest: U. Sandra Massa - Lavitt Mayor Robin L. Roberts City Clerk Approved as to City Attorney CrK Exhibit "C" City of Seal Beach Officer Budget Detail 1351469.3 w O N Q O t0 N M tp Q •' Q Q w J L Q7O W ONOO � OJ O O N O M <O cp O r M m Q N f0 M Q O N N M Q 1 N N Q N N d U) m O U N M f0 d M O VI � f0 t0 Y ry N 3 Oo O O N U 0 O O O U m 1n Q .n N N Nl O d U (0 N d t0 4] T aN N U Ul N C U � N C 1+j d co E co T � O L U O m w m N O L m U d d O Om d d01 m m m U � � L C) m TU 5 m 0 m o O m 0 O w E d d m Q M m 0 m d D d U 0 0 n N U Z c_ Q d � D T O m H ❑ M O U] Ul u7 N O (O t0 U f0 O N O i0 r (O N O VI Q N Q Uf Co — O O M _ � o U d m d N N � � V W d m 7 C (D0000Oi� O(O N Q EM Q t0 t0 O) m (O V O LL Q c O W Z W a F Q U c Z J U o O Z Q O IL J i F Q E ° U Q d W Z�— V o m c fns ae p O 0 U K ? F D r W N J 0 E W L OO M m W W U)D aO� W rG IYSJ w >� do o U �o��n �nrN Qro O N N O O 0 0 0 0 0 0 0 0 0 U d 0 0 0 0 0 0 0 0 0 Q Q Q Q Q Q Q Q Q 0 m O U N M f0 d M O VI � f0 t0 Y ry N 3 Oo O O N U 0 O O O U m 1n Q .n N N Nl O d U (0 N d t0 4] T aN N U Ul N C U � N C 1+j d co E co T � O L U O m w m N O L m U d d O Om d d01 m m m U � � L C) m TU 5 m 0 m o O m 0 O w E d d m Q M m 0 m d D d U 0 0 n N U Z c_ Q d � D T O m H ❑ Exhibit "D" Cite of Los Alamitos School Resource Officer Budget Detail 13514693 L X W M M IA ✓1 M V1 O O Ill M N n Q VI � M ul O l0 a` O ti O N V1 O1 1p N V1 N n 01 'Y 1p � N M O n Il) N n rvv a mm Qn W '1 N N rl N � OJ N Ol V n O rl V1 rl M M N rl l0 Q Vl N T r1 N N N Ol Q n '-1 W A E o W L U C o0 v m O N V m m Q E °0 py° InN rnmo 00o N o0 0 00 000lo � N Q OJ In W OJ In lO O O o rl 00 Q h co In N O p Q m V N a O N h m n Q Q 1 , CO 0 V Q V O 0 N O N N J JO q C Ot Q 1 C n ~ t0 T n n T O N O O T l0 N T T O Vl O l `o 'o Q mal to In al to m mooI n fl N V Ol O I t 1p N V IO Q c O V � u K mN Q O L N Q Q O b y N cz N N T j E O a T U) N Ip m w N O a a d ID t0 n n vl W O O O Q In V .y In t0 O O N n p � O ti N n rvv a mm Qn W '1 N N rl N N L n O a N Vl Vl L N a Q A E o W L U o0 v m O V m m E °0 py° InN rnmo 00o N o0 0 00 000lo � q y O Q OJ In W OJ In lO O O o rl 00 Q h co In N O p Q m V N a n O n n IO M Vl O Ip t0 Ol N m N h m n Q Q 1 , CO 0 V Q V O 0 N O N N Q JO q C Ot Q 1 C n ~ `o 'o E a E N V � u K O O t V N T j T N Ip m a a d V W W K m v c O p } Q L $ m U a s N a> O ti U N rFU zZ m 0 u v d N z a 3 > z In c zw Z vlra O OJ� c In u ¢ a v} z O— In �o31n� m J o c o m p$ V O a ¢ U Z H °' z O °� O o c a a o y ¢ O a w z J > - a w w> w a In x In O V O In u z v a v o V Qm- Ol O t0 O O N a V V O .Qi .ni O O N N m I tp 1p O O O O O O U V N ti rl rl ✓1 vl vl Vl Vl Vf Ill Vl N Vl vl vl V N N N N N N N Vl Vl Vl Vf Vl Ill N O 4 O Q H SCHOOL RESOURCE OFFICER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LOS ALAMITOS 3191 KATELLA AVENUE LOS ALAMITOS, CALIFORNIA 90720 F \►11: THE CITY OF SEAL BEACH 211 - 8TH STREET SEAL BEACH, CALIFORNIA 90740 This School Resource Officer Reimbursement Agreement ( "Agreement') is made as of the l51 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 S7296-000 h I 583398 I O.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 1" 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 - 0001A1583398, 1 0.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 A1583398 v 1 0.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 bold 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 tennination 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 Govennment 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 4of7 57296 -000I\] 5833 98 v 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 57296- 0001 \1583398v I O.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 By: RichXdt. Mrphy Mayor Attest By: X4 \) Windme " Quintanar, CIVIC City Clerk Approved as to form: _ City Attorney 6of7 57296 -0001 \] 583398v I O.doc CITY OF SE L BEACH By: Sandra Massa - Lavitt Mayor Attest: ME )in L. Rob City Clerk ApprorA- �w By: crz3sl� City Attorney EXHIBIT A SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN THE CITY OF LOS ALAMITOS AND THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT 7 of 7 57296- 0001 \1583398v I O.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 I" day of July, 2016, 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, 2016, through June 30, 2019, 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 (1) 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 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 perfomt 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 30% of the full cost to Los Alamitos of employing and equipping the SRO. That full annual cost has been determined to be $152,000 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 $45,600, no earlier than July 1, 2016, and no later than thirty days after approval by the governing body of DistricL 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 April 15" Payment shall be made to City at the beginning of each fiscal year between July 1" and July 15" of each subsequent year. The District shall assist the City in seeking funds from the County of Orange, Rossmoor Community Services District and/or the Rossmoor Homeowners Association for the SRO. If the County of Orange, Rossmoor Community Services District and /or the Rossmoor Homeowners Association pays for at least 5% of the cost of the SRO, the amount due from the District each fiscal year shall be reduced to 25 %. 6. INDEPENDENT CONTRACTOR In the performance of services under this Agreement, Los Alamitos and the SRO shall act as independent contractors and not as 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 (SUI), 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 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 assume the defense of, and shall indemnify and hold harmless District from and against all actions or claims against District, its officers, agents or employees from any and all loss, including attomeys' 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 8 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. 9. INSURANCE Citv Insuranee. 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. 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: I ) 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 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 Employers' Liability (Coverage B). C. Comprehensive Business Auto A policy with a minimum of not less than $2,000,000 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. E. if City does not already have a type or amount of insurance called for in this paragraph, City shall have the choice of obtaining it, and increasing the charge to District by 25% of the cost thereof, 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 10. If District fails to provide said written notice by said date, this Agreement shall continue in force for the subsequent contract year. In the event of such termination, City shall be paid for its services performed up to the effective date of such termination. 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 Parry shall bind the successors in interest and assigns of each Party. 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 this 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 * *) Intending to be legally bound, the parties' authorized representatives have executed this Agreement, below, as of I51 day of July, 2016. City of Los Alamitos III .^ % - Approved as to form: Cary Reisma , City Attorney Los Alamitos Unified School District (by) CITY OF 3191 Katella Avenue Los Al a m itos Los Alamitos CA 2) 431 3538 Telephone: (562) 431 -3538 4� u FAX: (562) 493-1255 itos.o )��,v //,� www.cityoflosalamitos.org June 21, 2016 Robin L. Roberts, City Clerk City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 IRECIEWIED JUN" 2 4 �, ;!S CITY OF SE -. 6E.ACH SUBJECT: SCHOOL RESOURCE OFFICER REIMBURSEMENT AGREEMENT Dear Ms. Roberts: At its regular meeting of June 20, 2016 the City Council approved the above agreement with your agency. I am enclosing two originals of the Agreement. Please have the designated parties sign and return one copy to me at: Windmera Quintanar, CMC, City Clerk City of Los Alamitos 3191 Katella Avenue Los Alamitos. CA 90720 Please feel free to contact me with any questions. Sincerely, can 1f1Aa 1 -� Windmera Quintanar, CIVIC City Clerk Enclosures cc: Eric R. Nunez, Police Chief