Item NO.
APPROVED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM: OFFICE OF THE CITY MANAGER
BY: SCOTT LOUGHNER, CHIEF OF POLICE
DATE: JUNE 10, 2025
SUBJECT: APPROVAL OF AGREEMENT FOR SCHOOL RESOURCE
OFFICER SERVICES FOR THE POLICE ON CAMPUS PROGRAM
AT DOWNEY AND WARREN HIGH SCHOOLS
EXECUTIVE SUMMARY
The City Council will consider approving an Agreement between the City of Downey and the Downey Unified School District (DUSD) for School Resource Officer Services for the Police on Campus Program at Downey and Warren High Schools. This Agreement would allow the Police Department to continue having a School Resource Officer at Downey and Warren High Schools to promote safety and build positive relationships with DUSD and community.
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That the City Council:
1. Approve an Agreement with the Downey Unified School District for School Resource Officer Services at Downey and Warren High Schools commencing on July 1, 2025, and terminating on June 30, 2030; and,
2. Authorize the City Manager to sign the Agreement.
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The Downey Unified School District (DUSD) 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, the Police Department staffed the SRO positions on an overtime basis, with different officers working each day at the high schools.
In 2022, the Downey Unified School District approached the City of Downey to provide two police officers, on a full-time basis, to serve as School Resource Officers (SROs) at Downey High School and Warren High School in connection with the DUSD Police on Campus Program.
APPROVAL OF AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES FOR THE POLICE
ON CAMPUS PROGRAM AT DOWNEY AND WARREN HIGH SCHOOLS
JUNE 10, 2025
PAGE 2
Under the agreement approved in May of 2022, full-time police officers were assigned as SROs at Downey High School and Warren High School. The agreement was for three years and increased the number of budgeted Police Officer positions by two. The current Campus Program Agreement will end on June 30, 2025 and the ❑USD has asked the City to enter into a new program agreement for a five-year period beginning July 1, 2025.
ANALYSIS
The SRO program was designated as a specialized assignment for the officers and was designed to build consistency, increase communication, and strengthen relationships with students and District personnel. The SRO program has been a great success and the District has advised the program has met their expectations.
By approving this agreement, officers will continue to be assigned full-time to Downey High School and Warren High School. Officers will continue to be visible on campus, will detect and deter criminal activity, and serve as a role model and mentor to the students.
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Quality of Life, Safety & Infrastructure
Public Engagement
FISCAL IMPACT
There is no fiscal impact to the City. The District will continue to pay the City for two full- time police officers, including all benefits as outlined in the agreement.
ATTACHMENTS
Attachment A: Downey Unified School District Police on Campus Program Agreement
DUSD Service Agreement No.202425-673
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 Sth day of April 2025, by and between the City of Downey, a municipal corporation and charter city ("CITY") and the Downey Unified School District, a California public school district ("DISTRICT"), hereinafter separately referred to as "Party" and jointly referred to as "Parties".
WHEREAS, DISTRICT wishes to engage the CITY to provide school resource officer services at Downey High School and Warren High School in connection with the DISTRICT's Police on Campus Program ("Services"); and WHEREAS, CITY possesses the special experience, knowledge and expertise necessary to provide the Services, and desires to provide said Services to DISTRICT pursuant to the terms and conditions as set forth in this Agreement; NOW, THEREFORE, CITY and DISTRICT agree as follows:
Section 1. Scope of Services.
(A) CITY shall provide to DISTRICT the Services as set forth in the Scope of Services as described in Exhibit "A", attached hereto and incorporated by reference herein.
(B) DISTRICT shall provide office space at the Downey High School and Warren High School campuses for use by CITY, including desk, chair, computer, phone, and other related equipment needed by the CITY to perform the Services.
Section 2, Term.
This Agreement shall commence July 1, 2025, and shall terminate on June 30, 2030, unless earlier terminated as set forth in this Agreement.
Section 3. Compensation.
(A) DISTRICT shall compensate CITY for the Services set forth in this Agreement as follows:
DUSD Service Agreement No. 202425-673
(i) There are two police officers specified in Exhibit "A'.
DISTRICT shall fully compensate CITY for full-time
police officers' salaries, including all benefits for the police officers, including but not limited to all benefits accorded to the police officers under the existing
Police Officers Association Memorandum of
Understanding and all other payroll -related costs
related to the two police officers, for the entire fiscal year (July 1 — June 30) (the Annual Total
Compensation Cost"). Such Annual Total
Compensation Cost shall be based on actual CITY
total compensation rates for the law enforcement
officer classification from which each officer is
selected, not to exceed the classification of an "E-
Step" Corporal.
(ii) For the July 1, 2025, through June 30, 2026, fiscal year, the Annual Total Compensation Cost for both
officers would not exceed $515,000.
(iii) For each additional year this Agreement is in effect after June 30, 2026, the Parties shall mutually agree
to any changes to the Annual Total Compensation
Cost by the preceding April 30.
(iv) Any annual increases to the Annual Total
Compensation Cost shall not exceed ten percent
(10%). DISTRICT's Superintendent or his or her
designee may approve changes to the Annual Total
Compensation Cost under Section 3(a)(iii) herein that
do not exceed ten percent (10%) without further
approval by DISTRICT's Board of Education-
(B) CITY shall submit to DISTRICT a monthly statement that indicates all amounts owed by DISTRICT to the CITY for the Services as described in Section 3(A). DISTRICT shall, within thirty (30) days of receiving such statement, review the statement and pay the CITY all undisputed charges set forth in that statement.
Section 4. Independent Contractor.
The relationship between the Parties under this Agreement shall be one of independent contractor. The police officers who provide 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 2 DUSD Service Agreement No. 202425-673
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 (collectively "CITY Indemnitees") from any and all claims, causes of action, loss, liability, fines, penalties, forfeitures, costs, damages, and injury of any kind, in law or equity ("Claims") whether in contract, tort, or strict liability, including but not limited to personal injury, property damage, or death, incurred by any person arising directly or indirectly from the negligent acts or omissions or the intentional misconduct of DISTRICT, or DISTRICT's officers, directors, trustees, officials, employees, agents and volunteers in the performance of, or in any way related to, this Agreement.
(B) CITY shall indemnify, hold harmless and defend DISTRICT, and DISTRICT's officers, directors, trustees, officials, employees, agents and volunteers (collectively "DISTRICT Indemnitees") from any all claims, causes of action, loss, liability, fines, penalties, forfeitures, costs, damages, and injury of any kind, in law or equity ("Claimsn), whether in contract, tort or strict liability, including but not limited to personal injury, property damage, or death, incurred by any person arising directly or indirectly from the negligent acts or omissions or the intentional misconduct of CITY, or CITY's officers, officials, employees, agents and volunteers in the performance of, or in any way related to, this Agreement.
(C) In the event of concurrent negligence on the part of CITY Indemnitees and DISTRICT Indemnitees, the liability for any and all such Claims, 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.
Section 6. Limitation of Liabilitv.
Notwithstanding any other provision of this Agreement, in no event, shall either Party be liable to the other Party, regardless of whether any claim is based on contract or tort, for any special, consequential, punitive, indirect, or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the Services performed in connection with this Agreement.
DUSD Service Agreement No. 202425-673
Section 7. Insurance.
It is understood and agreed that CITY and DISTRICT maintain insurance policies or self-insurance programs to fund their respective potential liabilities.
Section S. Termination.
This Agreement may be terminated by either Party at any time with or without cause, by providing at least one (1) year prior written notice to the other Party. In the event of termination by either Party, DISTRICT shall fully compensate CITY for Services rendered through the effective date of termination.
Section 9. 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, registered or certified mail, postage prepaid, return receipt required, addressed as follows:
TO CITY: Downey Police Department
10911 Brookshire Avenue
Downey, CA 90241
Attn: Captain Maria Villegas
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 mail in the course of transmission of the United States Postal Service.
Section 10. Waiver.
The failure of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either Party thereafter to enforce each and every provision of this Agreement in accordance with its terms. 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
DUSD Service Agreement No. 202425-673
provision herein shall not be deemed to be a waiver of any other provisions herein.
Section 11. Binding Effect.
This Agreement shall be binding upon the Parties hereto and their successors in interest.
Section 12. 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 without the other Party's prior written consent. Any attempt to assign, subcontract or transfer all or any rights or obligations under this Agreement shall be null and void.
Section 13. Compliance with Laws.
The Parties shall comply with all applicable laws in performing their respective obligations under this Agreement.
Section 14. Confidentiality.
Except as required by law, or as permitted by the DISTRICT, CITY and any officer provided by CITY under this Agreement shall maintain the confidentiality of all District confidential or proprietary information received in the course of performing the Services. CITY understands that student records are confidential and agrees to comply with all applicable state and federal laws concerning the maintenance and disclosure of student records. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement.
Section 15. Entirety of Agreement.
This Agreement and Exhibit "A" contain the entire agreement between CITY and DISTRICT with respect to the subject matter hereof, and no other understanding, negotiation, agreement, representation, statement, or promise made by any party, or to any employee, officer, or agent of any party, whether oral or written, which is not contained in this Agreement shall be binding or valid.
Section 16. Modification of Agreement.
No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties and approved and/or ratified by the respective governing bodies of CITY and DISTRICT. The City Manager of CITY shall have the authority to sign any supplement, modification or amendment to this Agreement.
DUSD Service Agreement No. 202425-673
Section 17. Governina 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 Agreement, 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 18. 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 19. 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 20. Construction of Agreement.
This Agreement has been jointly drafted and negotiated by the Parties.
The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. Any uncertainty or ambiguity shall not be construed for or against any Party based upon attribution of drafting to any Party.
Section 21. Counterparts
This Agreement may be executed by the Parties in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties specifically agree that signatures on this Agreement received by facsimile or electronic transmission (i.e. a pdf version) shall be legally binding and that each Party is entitled and authorized to rely on the signatures transmitted by facsimile or electronically of the other Parties as if they were original signatures.
Section 22. 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. [SIGNATURES ON FOLLOWING PAGE]
6 DUSD Service Agreement No. 202425-673
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
By
Roger Bradley, City Manager
Date:
ATTEST:
Maria Alicia Duarte, CMC, City Cleric
DOWNEY UNIFIED SCHOOL
DISTRICT
By Vw . W, � -
Dr. Jo Garcia, Sup ntendent
Date: •v
APPROVED AS TO FORM: APPROVED AS TO FORM:
^err: n• 5„nr a In, r r ,.,.„ ®n � �,..
J Fune City htorney Samuel Santana,
Dannis, Woliver, & Kelley
7 DUSD Service Agreement No. 202425-673
EXHIBIT "A"
SCOPE OF SERVICES
CITY shall provide the following Services:
CITY, through its Police Department, will assign a total of two (2) full-time police officers to serve as School Resource Officers ("SRO") for the DISTRICT.
The CITY will assign one SRO to each of the following DISTRICT school campuses: Downey High School and Warren High School. CITY shall consult DISTRICT in its selection of SROs, and DISTRICT may refuse any SRO selected by CITY without DISTRICT's agreement.
CITY anticipates, but cannot guarantee, that each assigned SRO shall serve in the role of SRO for a period of at least two (2) years, unless a different term is mutually agreed upon by DISTRICT and CITY. CITY shall work cooperatively with DISTRICT to select a replacement SRO, if an SRO is unable to serve for a full two (2) year period.
The duties of the SRO are as follows:
• SRO will drive to school in a CITY police motor vehicle and park the vehicle in a visible location on campus. Officers will be armed and dressed in a department uniform in order to clearly distinguish that they are police officers.
• 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.
• Assist with criminal offenses occurring on school campus.
DUSD Service Agreement No. 202425-673
• Other duties as assigned by CITY.
The SROs shall report to and provide Services at the school campuses specified above. SROs shall report to the schools 30 minutes before the start of the scheduled school day and remain until 30 minutes after the end of the scheduled school day. SROs will work Monday -Friday, not to exceed forty (40) hours per week. The actual work schedule will be contingent upon Police Officers Association Memorandum of Understanding provisions and the time classes are taught during the school year.
If the regularly assigned SRO is unavailable on a given day, the CITY shall provide coverage, including on an overtime basis if necessary, to fulfill this obligation. In this situation, the CITY shall cover the additional overtime expenses.
During summer, the SROs shall report to the school campuses for summer school at the direction of DISTRICT administration. SROs shall report to the CITY for assignments at all other times school is not in session.
Any requests by the DISTRICT to have officers present for events outside the scheduled time for the Services, such as athletic events and graduation ceremonies, shall be made through the CITY's Special Operations Sergeant.
The CITY will provide officers for these events to the extent officers are available.
The DISTRICT shall be responsible for all costs related to these additional services, including any overtime expenses. The CITY will include these costs in its monthly statement and the DISTRICT shall make payment of these costs as set forth in Section 3 of the Agreement.