Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: SCOTT LOUGHNER, ACTING CHIEF OF POLICE
DATE: AUGUST 13, 2024
SUBJECT: APPROVAL OF AGREEMENT FOR SCHOOL RESOURCE OFFICER
SERVICES FOR THE POLICE ON CAMPUS PROGRAM AT COLUMBUS
HIGH SCHOOL
EXECUTIVE SUMMARY
The City Council will consider approving an Agreement between the City of Downey and the Downey Unified School District for School Resource Officer Services for the Police on Campus Program at Columbus High School. This Agreement would allow the Police Department to continue having a School Resource Officer at Columbus High School to promote safety and build positive relationships with the School District and community.
RECOMMENDATION
That the City Council:
1. Approve an Agreement with the Downey Unified School District for School Resource Officer Services at Columbus High School commencing on August 13, 2024, and terminating on August 12, 2025; and
2. Authorize the City Manager to sign the Agreement.
BACKGROUND
The Downey Unified School District (District) and the City of Downey (City) have partnered together for over 20 years to provide a School Resource Officer (SRO) program at all three of the District’s high schools. This program allows officers to be visible and active on campuses and serve as a link between the school community and the Downey Police Department. Furthermore, the officers serve as a role model and mentor for students.
Up until 2022, all officers working as an SRO were assigned as a collateral position and were paid overtime by the District. However, on June 14, 2022, the District reached a
AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES FOR THE POLICE ON
CAMPUS PROGRAM AT COLUMBUS HIGH SCHOOL
AUGUST 13, 2024
PAGE 2
2 three-year agreement with the City to have two officers assigned as a full-time SRO, with one working at Downey High School and the other at Warren High School. The District reached a separate agreement with the City to continue the SRO program at Columbus High School on an overtime basis.
ANALYSIS
Recently, the District approached the City to continue providing a police officer on an overtime basis to serve as a School Resource Officer (SRO) at Columbus High School in connection with the District’s Police on Campus Program for the academic year 2024- 2025.
Additionally, the City and the District received grant funding from “Gangs Out of Downey” (GOOD) in the amount of $12,500 to pay the initial costs of the SRO. Thereafter, the District will pay the City the costs of the SRO for the balance of the academic year.
This agreement would continue to allow coverage at all three high schools and ensure an SRO is on campus at all times to detect and deter criminal activity.
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Quality of Life, Safety & Infrastructure
Public Engagement
FISCAL IMPACT
There is no fiscal impact to the City. The $12,500 GOOD Grant will pay for the initial costs of the SRO, and once the funds are fully expended, the District will be invoiced by the City for the cost of the SRO for the balance of the academic year.
ATTACHMENTS
Attachment A: Downey Unified School District Police on Campus Program Agreement
AGREEMENT BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY UNIFIED SCHOOL DISTRICT
FOR SCHOOL RESOURCE OFFICER SERVICES FOR
POLICE ON CAMPUS PROGRAM
This Agreement for School Resource Officer Services for the Police On Campus Program (“Agreement”) is entered into this 13th day of August, 2024, by and between the City of Downey, a municipal corporation and charter city (“CITY”) and the Downey Unified School District, a public body corporate (“DISTRICT”), hereinafter referred to jointly as the “Parties”.
WHEREAS, DISTRICT wishes to engage the CITY to provide school resource officer services at Columbus High School in connection with the DISTRICT’s Police on Campus Program for the academic year 2024-25; and WHEREAS, CITY possesses the special experience, knowledge and expertise necessary to provide school resource officer services, and desires to provide said services to DISTRICT pursuant to the terms and conditions as set forth in this Agreement; and
WHEREAS, the CITY and DISTRICT received grant funding from “Gangs Out of Downey” (GOOD), and the Parties desire to use these grant funds for initial costs of the school resource officer services as set forth in this Agreement.
NOW, THEREFORE, CITY and DISTRICT agree as follows:
Section 1. Scope of Services. CITY shall provide to DISTRICT the Scope of Services as described in Exhibit “A”, attached hereto and incorporated by reference herein .
Section 2. Term. This Agreement shall commence August 13, 2024 and shall terminate on August 12, 2025.
Section 3. Compensation.
(A) DISTRICT will be compensated for the Scope of Services from the $12,500 GOOD Grant until such funds are fully expended. DISTRICT will advise CITY in writing at least thirty days (30) before the GOOD Grant funds are fully expended .
(B) Once the GOOD Grant is fully expended, DISTRICT shall compensate CITY for the Scope of Services for the remainder of the academic year. CITY shall submit to DISTRICT a monthly itemized statement which 1 indicates work completed and hours of services rendered by CITY. DISTRICT shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
Section 4. Independent Contractor.
The relationship between the Parties under this Agreement shall be one of independent contractor. The police officers who provide school resource officer services under this Agreement shall not be employees or agents of DISTRICT and are not entitled to participate in any DISTRICT pension plans, retirement, health and other benefits provided by DISTRICT to its employees. The police officers providing services under this Agreement shall report directly to the Downey Chief of Police or his designee through the Downey Police Department chain of command. The Downey Police Department shall maintain direct supervisory control over the assigned school resource officers. The DISTRICT shall have the right to request that a school resource officer be replaced if his or her performance is unsatisfactory to DISTRICT.
Section 5. Indemnification
(A) DISTRICT shall indemnify, hold harmless and defend CITY, and CITY’s officers, officials, employees, agents and volunteers from any all loss, liability, fines, penalties, forfeitures, costs and damages, whether in contract, tort or strict liability, including but not limited to personal injury and property damage, incurred by any person arising directly or indirectly from the negligent or intentional acts or omissions of DISTRICT, or DISTRICT’s officers, directors. trustees, officials, employees, agents and volunteers in the performance of this Agreement.
(B) CITY shall indemnify, hold harmless and defend DISTRICT, and DISTRICT’s officers, directors, trustees, officials, employees, agents and volunteers from any all loss, liability, fines, penalties, forfeitures, costs and damages, whether in contract, tort or strict liability, including but not limited to personal injury and property damage, incurred by any person arising directly or indirectly from the negligent or intentional acts or omissions of CITY, or CITY’s officers, officials, employees, agents and volunteers in the performance of this Agreement.
(C) in the event of concurrent negligence on the part of CITY or any of its officers, officials, employees, agents and volunteers and DISTRICT, or any of its officers, directors, trustees, officials, employees, agents and volunteers, the liability for any and all such claims, demands and actions in law and in equity for such loses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California’s theory of comparative negligence as presently established or as may be modified hereafter.
(D) This section shall survive expiration or termination of this Agreement. 2 Section 6. Insurance.
It is understood and agreed that CITY AND DISTRICT maintain insurance policies or self-insurance programs to fund their respective liabilities.
Section 7. Termination
This Agreement may be terminated by either Party at any time with or without cause, by providing thirty (30) days prior written notice to the other Party.
In the event of termination by either Party, CITY shall be compensated for services rendered through the effective date of termination.
Section 8. Notices
A. Notices pursuant to this Agreement shall be given by personal service or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed as follows:
TO CITY:Downey Police Department
10911 Brookshire Avenue
Downey, CA 90241
Attn: Acting Chief Scott Loughner
TO DISTRICT:Downey Unified School District
11627 Brookshire Avenue
Downey, CA 90241
Attn: Dr. Robert Jagielski, Senior Director,
Student Services Department
B. Notices shall be deemed to be given as of the date of personal service, or two (2) days following the deposit of the same by first class mail in the course of transmission of the United States Postal Service.
Section 9. Waiver
The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or different provisions of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provisions herein.
Section 10. Binding Effect.
3 This Agreement shall be binding upon the Parties hereto and their successors in interest.
Section 11. Assignment.
Neither Party may assign, subcontract or transfer, by operation of law or otherwise, all or any of its rights or obligations under this Agreement. Any attempt to assign, subcontract or transfer all or any rights or obligations under this Agreement shall be null and void.
Section 12. Compliance with Laws.
The Parties shall comply with all applicable laws in performing their respective obligations under this Agreement.
Section 13. Entirety of Agreement.
This Agreement contains the entire agreement between CITY and DISTRICT with respect to the subject matter hereof, and no other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid.
No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. The City Manager of CITY shall have the authority to sign any supplement, modification or amendment to this Agreement.
Section 14. Governing Law; Venue.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. In the event that suit shall be brought by either party to this contract, the parties agree that venue shall be exclusively vested in the State courts of the County of Los Angeles or where appropriate, in the United States District Court, Central District of California, Los Angeles, California.
Section 15. Severability.
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision of this Agreement shall not affect the other provISIons.
Section 16. Captions and Headnotes.
The captions and headnotes or sections of this Agreement, and marginal notes are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent of this Agreement.
Section 17. Ratification by the Parties.
This Agreement is not enforceable until and unless it is approved and/or ratified by the respective governing bodies of CITY and DISTRICT.
IN WITNESS WHEREOF, this Agreement has been duly authorized and executed by the parties hereto on the day and year first herein above written.
CITY OF DOWNEY DOWNEY UNIFIED SCHOOL
By
Roger Bradley, City Manager mI
r\ ?\ aADate:
ATTEST:
Date:
Maria Alicia Duane, CMC, City Clerk
APPROVED AS TO FORM:
Funk City Attorney
EXHIBIT A
SCOPE OF SERVICES
CITY shall provide the following services:
CITY, through its Police Department, will assign one (1) police officer on an overtime basis to serve as a school resource officer (SRO) at Columbus High School
The duties of the SRO are as follows:
• Be a visible, active and high profile SRO on campus to promote safety and positive relationships.
• Be a link between the school community and the Downey Police Department. Interaction with staff and students is high priority. If asked, the SRO will assist teachers with material to help explain the job of the SRO and the criminal justice system.
• Be a role model and mentor for students
• Walk the halls and common areas of the school campus, particularly during times of high student movement to provide crime prevention and assist with student/staff safety.
• Detect and deter criminal activity, take reports of incidents, and refer matters of law enforcement concern to the appropriate authority. Any police matters should be referred to Downey Police Department supervisors and DISTRICT staff.
The SROs shall report to the school campus at 8:15 a.m., and work until 3:30 p.m., Monday to Friday.
*Hours are subject to change at the written request of the DISTRICT*