CATHEDRAL CITY
POLICE DEPAKTMENI
"Pride in Service"
GEORGE S. CRUM| CHIEF OF POLICE
"" *
May 14, 2024
Levaughn Smart
Executive Director of Security
and Disaster Preparedness
Palm Springs Unified School District
Re: SRO Contract
Good afternoon,
0) tr 20242025 ciol ear geren hr da osenr i o Ra s 7 0 For 2024-2025 for the 10 months of the contract.
Please let me know if you have any questions on the contract amount.
Sincerely,
rem
Chief of Police
68700 AVENIDA LALO GUERRERO | CATHEDRAL CITY, CALIFORNIA 92234 | (760) 770-0300
PALM SPRINGS UNIFIED SCHOOL DISTRICT
Law Enforcement Services
Agreement
C0005029
LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF
CATHEDRAL CITY AND THE PALM SPRINGS UNIFIED SCHOOL DISTRICT
PURSUANT TO PROVISIONS OF THE CALIFORNIA EDUCATION CODE, SECTION 12400, FOR THE SERVICES OF A SCHOOL RESOURCE OFFICER IN ORDER TO
ENSURE THE GREATER SAFETY OF STUDENTS, THE STAFF, AND THE PUBLIC AT CATHEDRAL CITY HIGH SCHOOL AND MT. SAN JACINTO CONTINUATION
HIGH SCHOOL AND TO IMPROVE AND STRENGTHEN LAW ENFORCEMENT COMMUNITY CONNECTIONS ON OR ABOUT CAMPUS.
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Cathedral City (hereinafter referred to as "CITY"), and the PALM SPRINGS UNIFIED SCHOOL DISTRICT, (hereinafter referred to as "DISTRICT"') (individually, "Party" and collectively, "Parties").
WHEREAS, the CITY and DISTRICT desire to work cooperatively in this school community policing approach by entering into this Agreement to place a Police Officer from the CITY's Police Department as a School Resource Officer, herein atter referred to as an SRO, on the DISTRICT campuses as needed to assist in the teaching of police science classes and to be a visual deterrent to aberrant behavior and thereby enhance DISTRICT's campus control and student protection;
IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM
This Agreement shall be effective beginning August 1, 2024 and it shall run through June 7, 2025, unless sooner terminated as provided in Section 16.
PURPOSE
This Agreement establishes and delineates the mission of the School Resource Officer Program, herein referred to as the SRO Program, as a joint cooperative effort.
Additionally, the Agreement formalizes relationships between the participating entities to foster an efficient and cohesive program that will build a positive relationship between the CITY's Police Officers and the youth of our community in addition to reducing crime committed by juveniles and young adults.
The intent of this Agreement is to ensure that all SROs assigned to PSUSD are deployed under the framework of the U.S. Department of Education and Law Enforcement Services Agreement Page 1 of 10
Department of Justice Safe School-based Enforcement through Collaboration, Understanding, and Respect (SECURe).
3. MISSION
The SRO Program accomplishes its mission by creating and maintaining safe, secure, and orderly learning environments for students, teachers, and staff. The SRO will establish a trusting channel of communication with students, parents, and teachers. SROs will serve as a positive role model to instill in student's good moral standards, good judgment and discretion, respect for other student's, and a sincere concern for the school community. SROs will promote citizen awareness of the law to enable students to become better informed and effective citizens, while empowering students with the knowledge of law enforcement efforts and obligations regarding enforcement as well as consequences for violations of the law. SROs will serve as a confidential source of informal counseling for students and parents concerning problems they face as well as providing information on community resources available to them.
Goals and objectives are designed to develop and enhance rapport between youth, police officers, and school administrators.
SROs are not school disciplinarians and are not employed to "police students".
Therefore, they are prohibited from involvement in enforcing school codes of conduct or engaging in school discipline. To the extent permissible by law, SRO's will abstain from issuing additional citations for student conduct sufficiently addressed through the District student discipline policies.
4. SCOPE OF SERVICES
4.1 CITY agrees to assign 1 (one) SRO as the minimum staffing level under this Agreement.
Basic responsibilities of the SRO will include but will not be limited to:
1. Protect the students, staff, and public at large against criminal activity.
2. Refer school discipline issues to the appropriate administration team member.
3. Meet with principals to exchange information gathered from, parents, community members, and social media to detect potential spill-over of threats, drug activity, gang activity, and other behavior onto campus.
4. Connect with campus and community social workers to understand when and how at-home issues may be motivating a student's disruptive behavior in order to work with school staff to ensure effective and supportive responses.
Law Enforcement Services Agreement Page 2 of 10
5. Provide counseling on a limited basis to students, staff, and faculty.
6. Take enforcement action on criminal matters when appropriate.
7. Handle initial police reports of crimes committed on campus.
8. Coordinate investigative procedures between the CITY's Police Department and the DISTRICT's school administrators.
9. Work with administrators to keep the school Emergency Management Plans updated.
10. Attend school special events as needed.
11. Provide information concerning questions about law enforcement topics to students and staff.
12. Provide classroom instruction on a variety of topics including, but not limited to, narcotics, gangs, safety, public relations, occupational training, leadership, constitutional law, juvenile law, state law, and life skills.
13. Attend training as needed to fulfill the duties of an SRO.
4.2 DISTRICT shall provide the SRO of each campus the following materials and facilities, which are deemed necessary to the performance of the SRO's duties:
1. Access to an air-conditioned and properly lighted private office, which shall contain a telephone, which may be used for general business purposes.
2. A location for files and records which can be properly locked and secured
3. A desk with drawers, chair, worktable, filing cabinet, and office supplies.
4. Access to a computer and printer.
5. Access to and encourage classroom participation by the SROs.
6. The opportunity for SROs to address teachers and school administrators about the SRO program, goals, and objectives.
7. Seek input from the SROs regarding criminal justice problems relating to students.
8. Provide SROs the opportunity to address teachers and school Law Enforcement Services Agreement Page 3 of 10
administrators about criminal justice problems relating to students during in-service workdays.
9. Computer access to student records at all campuses for investigative purposes. (In compliance with FERPA guidelines)
10. Access to video surveillance systems at all campuses for investigative purposes. SROs will be provided access to the video surveillance system for their respective school campuses and school buses that have video capability. This access will be given to the SRO on their office computer. Access to the video surveillance system shall be solely for investigative and preventive law enforcement purposes only. Once video of an incident is determined to contain evidentiary value, the portion of video that is necessary to capture the incident will be downloaded from the system and saved as a computer file. The computer file will be considered evidence and shall be handled in accordance with the CITY's Police Department policy and procedure.
SROs shall respect the sensitive nature of student privacy and shall abide by all applicable confidentiality, privacy policies, and applicable laws. Any unauthorized use of the DISTRICT'S video surveillance system will be grounds for disciplinary action in accordance with the agreement between the DISTRICT and the CITY's Police Department.
11. Encourage attendance of principals at NASRO Basic SRO training.
12. Ensure SROs receive forty (40) hours of training as an SRO through the National Association of School Resource Officers (NASRO).
13. Make certain SROs are trained in relevant school-based programs (Restorative Practices, Trauma Informed Care, Positive Behavioral Interventions and Supports, and Students with Disabilities).
5. SCHOOL RESOURCE OFFICER ASSIGNMENT
5.1 When an SRO position becomes available, notice should be given to all designee(s).
Selection criteria should include but should not be limited to:
Oral Interview
2. Oral Presentation
Law Enforcement Services Agreement Page 4 of 10
Performance Reports
4. Experience
5. Interpersonal skills
The SRO must successfully complete a School Site orientation before his/her assignment to that School Site. The SRO shall meet the requirements of Education Code section 38001.5. The SRO shall have full authority to act to discharge his or her law enforcement duties pursuant to the policies and practices of the CITY. If circumstances permit, the DISTRICT's Superintendent, or designee, may be consulted with respect to the handling of certain situations, if nothing in this Agreement shall restrict the discretion of the SRO in his/her law enforcement activities.
5.2 The day-to-day aperation and administrative Coto of the Progran s Police Departmen
and the DISTRICT's Superintendent of Schools, or his/her designee(s).
The SRO Sergeant will make SRO assignments for a school year with an benson fly an. Professionally shah remain the persons Police y, Shall remain with the CITY's Polic
Department, and the DISTRICT acknowledges the SRO remains responsive to the command of the CITY's Police Department. The SRO or SROs are employed and retained by the CITY, and in no event shall any employee of the CITY be considered an employee of the DISTRICT regardless of the funding source.
5.3 CITY shall retain the full responsibility and authority to direct and control the activities of the SRO and supervise and discipline the SRO in accordance with the collective bargaining agreement between the CITY and the CITY's Police Officers Association then in effect.
Notwithstanding the foregoing, the SRO shall cooperate with the DISTRICT relating to any event or activity which may involve a SRO assigned to the DISTRICT, including, without limitation, conferring with
5.4 The CITY agrees it shall assign and have in attendance an SRO to the DISTRICT for a period of no less than ten (10) months during the school year. The SRO shall have a regular work schedule of 7:45 a.m. to 3:45 Studerive 5) days per week to reflect the days and hours as that of the
5.5 The CITY shall retain the right to approve requests for sick leave, Law Enforcement Services Agreement Page 5 of 10
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 school assigned. For absences of more than five (5) consecutive days' duration, the CITY may assign another fully trained SRO to substitute for the reassigned SRO.
5.6 SRO's vacation time shall not conflict with the schedule of duties mutually developed by DISTRICT and CITY. Because DISTRICT and CITY holidays may not correspond, holiday time will be taken by the SRO in accordance with DISTRICT holidays during the contract period.
The excess days shall be taken with reasonable notice to DISTRICT but shall not conflict with the schedule of duties mutually developed by DISTRICT and CITY.
5.7 The CITY will make reasonable efforts not to reassign an SRO when chool is in session. The DISTRICT recognizes that there will be time hen the SRO is necessarily absent from campus. including but no limited to emergencies, court appearances, union release time scheduled training.
5.8 All training required of the SRO will attempt to be scheduled during non- student days if at all feasible.
5.9 The SRO shall always be expected to maintain radio contact with the high school administration. In the event the SRO shall find it necessary to leave
5.10 Any overtime required to be paid to the SRO for school-related issues shall be paid by the DISTRICT as an addition to the full cost of services contained in Article 7. Compensation of this Agreement.
MODIFICATION OF SERVICES
No portion of the services or responsibilities of either Party described in this Agreement may be eliminated, reduced, or appreciably changed without the mutual written consent of both Parties.
COMPENSATION
DISTRICT shall reimburse CITY the cost of rendering service pursuant to this Agreement. Such cost of services shall be established by the CITY in the form of an hourly rate for an SRO and a mileage rate, and shall include all items of cost and expense to the CITY for providing the services hereunder. Total cost to DISTRICT under this Agreement is estimated at ONE HUNDRED SEVENTY- Law Enforcement Services Agreement Page 6 of 10
ONE THOUSAND ONE HUNDRED EIGHTY-FOUR DOLLARS AND
00/100 ($171,184.00), based on the hours of work for the SRO, as estimated by the DISTRICT. Payment to be made upon monthly billing by the CITY calculated at the total rate not to exceed SEVENTEEN THOUSAND ONE HUNDRED EIGHTEEN DOLLARS AND 40/100 ($17,118.40), per month for a period of up to ten (10) months for the fiscal year of 2024/2025.
8. 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 the following minimum insurance requirements. All or a portion of the required insurance may be satisfied using 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 $1,000,000.00 combined single limit per occurrence for bodily injury and property damage, providing at least all the following minimum coverages:
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 all employees of the CITY.
1) This policy shall provide coverage for Workers' Compensation (Coverage A) with statutory limits.
2) This policy shall also provide coverage of $100,000.00 Employers' Liability (Coverage B).
C. Comprehensive Business Auto
A policy with a minimum of not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. Coverage shall be applicable (without deductibles) to all City leased, owned, hired or non- owned vehicles used in pursuit of any of the activities associate 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 Law Enforcement Services Agreement Page 7 of 10
otherwise assumed by CITY pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
9. ADMINISTRATION AND SUPERVISION
CITY, (or designee), shall administer this Agreement and supervise the SRO on behalf of the CITY. The Superintendent of DISTRICT (or designee) shall administer this Agreement on behalf of DISTRICT.
10. EMPLOYMENT STATUS
SROs shall remain employees of the CITY on special assignment to DISTRICT for the purposes set forth in this Agreement, and shall not be considered agents, employees, or an officer of DISTRICT.
11. HOLD HARMLESS AND INDEMNIFICATION
The DISTRICT shall not be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the SRO, the CITY, or the CITY'S employees or agents in the performance of this Agreement. The CITY shall assume the defense of, and shall indemnify and hold harmless the DISTRICT from and against all actions or claims against DISTRICT, its officers, agents or employees from any and all loss, including attorneys' fees, sustained by DISTRICT by virtue of any damages to any person(s), firm or corporation who may be injured by or to any property that may be damaged arising out of the performance of this Agreement by CITY.
Nothing in this Section 11 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.
12. ASSIGNMENT
Neither this Agreement nor any duties or obligations under this Agreement may be assigned by DISTRICT without prior written consent of the CITY.
13. ENTIRE AGREEMENT
This Agreement supersedes all agreements, either oral or written, between the Parties, and contains all of the covenants and agreements between the Parties with respect to the subject matter hereof. Each Party acknowledges that no other agreement, understanding or promise, oral or otherwise, relative to this subject matter exists between the Parties at the time of execution of this Agreement. Any modification of this Agreement shall be effective only if it is in writing and signed by both Parties.
Law Enforcement Services Agreement Page 8 of 10
14. WAIVER
Any waiver by the Parties of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of a Party to require exact, full, and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof, or estopping a Party from enforcement hereof.
15. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
16. TERMINATION
The term of this Agreement is for the 2024/2025 school year; however the agreement may be amended at any time by the mutual consent of the Parties hereto and may be terminated by either Party upon thirty (30) days written notice to the other of its intention to do so. In the event this Agreement is terminated, the cost shall be prorated on the basis on one tenth per month of the remainder of the actual agreed services performed hereunder.
17. DISPUTE RESOLUTION
With respect to any breach or dispute arising under this Agreement, the Parties shall meet and attempt, in good faith and in using their best and reasonable efforts, to resolve may be amended at any time by the 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.
18. 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 each Party's governing body. The Parties have entered into this Agreement as of the day and year first herein above appearing.
Law Enforcement Services Agreement Page 9 of 10
IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have signed in confirmation of this Agreement on the dates indicated below.
PALM SPRINGS UNIFIED SCHOOL DISTRICT
By:
Name: Jeffrey Simmons
Title: Assistant Superintendent. Business Services
Date:
CITY OF CATHEDRAL CITY, a Municipal Corporation
By:
Name:
Title:
Date:
Approval as to Form and Content:
CITY OF CATHEDRAL CITY, a Municipal Corporation
By:
Name:
Title:
Date:
Law Enforcement Services Agreement Page 10 of 10