AGREEMENT FOR SCHOOL RESOURCE OFFICERS
BETWEEN
CITY OF FREMONT
AND
FREMONT UNIFIED SCHOOL DISTRICT
This Agreement is made and entered into by and between the City of Fremont ("City") and Fremont Unified School District ("District"). The City and the District may be collectively referred to herein as the "Parties."
RECITALS
Whereas, the parties established the School Resource Officer (SRO) Program over 25 years ago and it has effectively provided student and community education, improved community relations, and ensured school security; and
Whereas, the parties wish to continue the SRO Program.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS IDENTIFIED HEREIN, THE CITY AND THE DISTRICT AGREE AS FOLLOWS:
1. PURPOSE AND SCOPE. The purpose of this Agreement is to continue with the established SRO Program which enhances the safe and positive learning environment within the District through the assignment of a Fremont Police Officer to the secondary school campuses and as a resource for other school facilities. The cost of the program is to be jointly shared by the City and the District.
No relationship of employer and employee is intended, or is, created by this Agreement between the District or its personnel and the City of Fremont or its personnel, it being understood that the City and the District shall act hereunder as independent contractors. Neither Party is the agent nor the employee of the other in any capacity whatsoever, and neither Party shall be liable for any acts or omissions by the other nor for any obligations or liabilities incurred by the other Party.
In particular this Agreement is intended to establish a procedural and programmatic working relationship between the City and the District for the development and implementation of the SRO Program.
2. TERM. The term of this Agreement shall begin July 1, 2023 and shall continue through June 30, 2026.
Either party may terminate this AGREEMENT at their own convenience upon 30-day written notice to the other party.
2 3. CITY RESPONSIBILITIES UNDER THIS AGREEMENT. The City shall:
A. Meet and confer on a regular basis with a representative designated by the District to discuss the implementation and ongoing management of the SRO program;
B. Provide one uniformed police officer at each high school in the City of Fremont and Robertson High School, to be the SROs. The SROs shall be available when feasible to assist middle school administrators, as well as other attendance area schools as appropriate;
C. The SROs, under the supervision of the Fremont Police Department (FPD), shall present a positive image of the law enforcement profession and perform law enforcement duties on secondary school campuses during the school year;
D. SROs shall be selected by FPD, with input from the District, utilizing a process that includes an oral interview and consideration of prior duty performance. A District representative will be part of the selection panel, as an advisory member. SROs will receive SRO training from a California Police Officer Standards and Training (P.O.S.T.) approved (or equivalent) training course as soon as practicable upon appointment. Crisis Intervention Training (C.I.T.) or its equivalent (response to persons suffering from mental health crisis) shall be provided to SROs. SROs will seek to establish and maintain information regarding national and regional best practices from SRO training conferences. SROs shall receive training on topics to include de-escalation, juvenile investigations, diversity, inclusion and equity. An SRO training plan shall be developed annually in cooperation with District administrators, which may include plans for professional development and trainings specific to the District, including in such areas as restorative justice and trauma informed practices. Additional job-related training will be provided as needed; and
E. FPD shall conduct annual performance evaluations of SROs documenting duty performance. School administrators may submit comments to be included in the annual performance evaluation.
F. Upon receipt of any complaint that could adversely affect the ability of an SRO to properly conduct his or her duties as an SRO, the Chief of Police or designee will review the complaint to determine if any immediate personnel action must be taken. Based on the nature of the complaint, and in order to ensure the safety and wellbeing of the school, the Chief of Police may remove the SRO from his/her assigned school. The Chief of Police or designee will notify the Superintendent of such action. FPD will investigate the complaint in accordance with the department’s policies and procedures to ensure a thorough investigation of the complaint. FPD will meet bi-annually with a representative from the District to review aggregate data on SRO complaints and dispositions.
Information provided to the Superintendent regarding the complaint will be in accordance with sections 832.5 and 832.7 of the California Penal Code, and with the Public Safety Officers Procedural Bill of Rights Act.
G. FPD officers will follow the constitution and the law when responding and interacting with our youth.
3 H. The SROs shall:
1. Be the liaison between FPD and the District;
2. Provide students with a better understanding of the nature and function of law enforcement by providing classroom presentations, as requested;
3. When appropriate, be a resource for students, parents and staff;
4. Foster relationships and respect with students;
5. Provide technical assistance to school administrators on emergency preparedness planning;
6. Investigate crimes that occur on school campuses;
7. Deter criminal activity;
8. Consider restorative options for minor criminal offenses, where appropriate (e.g.
Youth Diversion Program), and perform duties consistent with Procedural Justice concepts; SROs should utilize the Youth Diversion Program as the primary option when considering an appropriate disposition to juvenile criminal behavior;
9. Investigate and question students regarding criminal offenses only when related to the operation of the school or occurring at the school, except in situations where a delay in investigation or questioning may result in danger to any person, flight from the jurisdiction by the person suspected of a crime, or destruction of evidence;
10. Only detain or take into physical custody those individuals for whom there is reasonable suspicion or probable cause that a criminal offense has been committed;
11. Leave to the certificated administrators of each school the responsibility for student discipline and all decisions regarding the imposition of discipline for students enrolled at their campus;
12. Coordinate patrol familiarization training to enhance patrol response to violent incidents;
13. Attend administrative meetings as requested by District administration;
14. Provide security for sporting events, school functions and graduation events, at District request;
15. Attend home visits with school staff or counselors when requested; and
16. Participate in the biannual reporting requirements and annual presentation of progress toward program goals and objectives as outlined in the District SRO Program Handbook. The purpose of these reports and presentations is to review policies, provide training, assess arrest/citation data, update or report out on measurable goals and debrief significant incidents.
4. DISTRICT RESPONSIBILITIES UNDER THIS AGREEMENT. The District shall:
A. Meet and confer on a regular basis with an FPD designated representative to discuss the implementation and ongoing management of the SRO Program; and B. Provide office space and furnishings, including an assigned telephone extension, for each SRO.
C. Upon receipt of any complaint regarding an SRO, the District will notify the Chief of Police, or their designee to share the details of the complaint as outlined in section 3.F., above.
D. The District shall have the right to request, after consultation and collaboration with FPD, 4 that an SRO be removed from their specific assignment.
5. PAYMENT. The District agrees to pay the City one-half of the annual operational costs of providing the SROs’ salaries and benefits. The City will invoice the District in July of each year and payment shall be due 30 days later. The parties estimate the following costs for the next three (3) years:
Fiscal Year 23/24 Fiscal Year 24/25 Fiscal Year 25/26
City of Fremont $1,035,742 $1,087,529 $1,141,906
Fremont Unified $1,035,742 $1,087,529 $1,141,906
The City will also pay the full cost of the SRO Sergeant’s salary and benefits, as well as the costs to fund overtime, vehicles, and equipment.
For Fiscal Year 2025/2026, the cost differential will be based on negotiated settlements between the City and their employee union. An estimated increase of five percent (5%) is used for budgetary purposes.
6. INDEMNIFICATION .
A. The District shall indemnify, defend, and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from the performance of this Agreement, caused in whole by any negligent or willful act or omission of the District, its officers, agents, employees, or anyone directly or indirectly acting on behalf of the District.
B. The City shall indemnify, defend, and hold harmless the District, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from the performance of this Agreement, caused in whole by any negligent or willful act or omission of the City, its officers, agents, employees, or anyone directly or indirectly acting on behalf of the City.
C. If an indemnifying Party defends or prosecutes any third-party claim, the indemnified Party will reasonably cooperate in the defense or prosecution thereof and will furnish such records, information and testimony, provide such witnesses and attend such conferences, discovery proceedings, hearings, trials and appeals as may be reasonably requested in connection with such the third-party claim. Such cooperation will include access during normal business hours afforded to the indemnifying Party to, and reasonable retention by the indemnified Party of, records and information that are reasonably relevant to such third party claim, and making the indemnified Party and its employees and agents available on a mutually convenient basis to provide additional information and explanation of any material provided hereunder.
5 D. It is the intention of the District and City that, where fault is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any damage attributable to the fault of that Party, its officers, directors, agents, employees, volunteers, subcontractors, and governing board.
7. INSURANCE.
A. Both parties shall maintain in force, at all times during the performance of this Agreement, a policy of insurance covering all of its operations (including public liability and property damage), with not less than $1,000,000.00 single limit liability and motor vehicle insurance, covering all motor vehicles (whether or not owned) used in providing services under this Agreement with a combined single limit of not less than $1,000,000.00.
B. Notice in writing shall be given at least 30 days in advance of cancellation, reduction in coverage limit, or intended non-renewal of any policy. Insurance shall be provided by a company authorized by the law to transact insurance business in the State of California.
C. Policies shall also be enforced to provide such insurance as primary insurance and that no insurance of an additional insured shall be called on to contribute to a loss covered by insurance. Any insurance required of either party to this Agreement may be provided by a plan of self-insurance and/or a public entity risk-sharing agreement at the option of the party.
8. WORKERS’ COMPENSATION. The City certifies that they are aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and further certify that the City will comply with such provisions before commencing performance under this Agreement.
9. NOTICE. Each of the Parties to this Agreement shall immediately notify the other of any litigation or claim asserted by or against either party regarding this Agreement. With the exception of claims or actions against one another, each Party will reasonably cooperate in the defense of claims or actions against either Party arising under this Agreement or legal challenges brought as to the validity of the Agreement.
All notices relating to this Agreement to the District shall be made to: Fremont Unified School District:
District Superintendent
4210 Technology Drive
Fremont, CA 94538
Telephone (510) 657-2350
And to FPD shall be made to:
Fremont Police Department
Chief of Police
6 2000 Stevenson Blvd.
Fremont, CA 94538
Telephone (510) 790-6800
All notices shall be in writing. Notices delivered by person are effective immediately, and shall be delivered during business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Notices delivered by mail are effective upon posting, but any time to respond under this Agreement or established by statute or ordinance shall be extended by five (5) calendar days.
10. NONDISCRIMINATION. Neither the District nor the City shall discriminate because of race, color, ancestry, national origin, religion, creed, disability, marital status, age, military and veteran status, gender or sex against any person by refusing any person a privilege offered to or engaged by the general public.
11. STUDENT RECORDS
A. The Parties agree that the SRO shall be deemed to be a “school official” for the performance on SRO’s duties on behalf of the District. The SRO shall therefore be allowed access to student records, when appropriate, as described herein. Notwithstanding SRO access to student records as described herein, the District shall at all times be in direct control of the use, maintenance, and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law. School officials shall allow the SRO to inspect and copy any student records maintained by the school for which the SRO has a “legitimate educational interest” within the scope of the SRO’s service under this Agreement. This includes access to student directory information to the extent permitted by District policy, classroom assignments, attendance records, and discipline files.
However, the SRO may not inspect or copy confidential student records outside the scope of the SRO’s service, except as allowed by law. SRO’s may be provided access to student records, which will be limited to directory type information (name, contact info, address, etc.) only for the purpose of responding to incidents involving the immediate physical safety of students, staff/faculty, or incidents that concern the overall immediate safety of the campus.
B. If confidential student record information is needed in an emergency to protect the health or safety of a student or others, the District may disclose to the SRO information that is needed to respond to the emergency situation based on the seriousness of the threat to someone’s health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence.
C. If confidential student record information is needed by the SRO, but no emergency situation exists, unless paragraph 11(D) applies, the information may be released only upon the issuance of a subpoena, a court order, or written authorization of the parent/guardian.
D. Pursuant to Education Code section 48902, the principal or designee shall notify the SRO of any acts of a student that may violate specified provisions of the Penal Code and Education Code. This may require the disclosure of the student’s name or other identifying information to the SRO, along with information related to the underlying offense. 7 12. LAW ENFORCEMENT RECORDS AND JUVENILE CASE FILE INFORMATION.
Pursuant to Welfare and Institutions Code sections 827, 828.1 and 828.3, certain law enforcement records, probation reports and juvenile case file information may be provided to the District Superintendent or his/her designee. In addition to providing such information directly to the District Superintendent, the SRO may provide such information to the principal of the school in which a minor student is enrolled and the principal shall be a designee of the Superintendent for the receipt of such information.
13. INTEGRATION. This Agreement represents the entire and integrated agreement between the Parties. It is expressly agreed that all the terms and conditions of this Agreement are included herein and no verbal agreements of any kind shall be binding upon the Parties. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes· and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the understanding of the Parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by an authorized representative from both parties.
14. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
15. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any item related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.
14. ASSIGNMENT AND DELEGATION. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other Party.
15. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
16. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
17. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.
18. SEVERABILITY. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be 8 affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
19. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the District and the City. This Agreement shall ensure to the benefit of and be binding upon the parties hereto ruled their respective successors and assigns.
20. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall be deemed to be an original. The Parties agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Any digital signature shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based record keeping system to the fullest extent permitted by applicable law.
IN WITNESS THEREOF, the parties have executed this AGREEMENT on the dates as set forth hereinafter.
FREMONT UNIFIED SCHOOL DISTRICT CITY OF FREMONT
CJ Cammack, Superintendent Karena Shackelford, City Manager
Date: ______________________________ Date: ______________________________