2 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.
There is no relationship of employer and employee between the City of Fremont’s personnel, agents, and contractors and the District. There is no relationship of employer and employee between the District’s personnel, agents, and contractors and the City of Fremont. In addition, no employer and employee relations is intended by the City of Fremont and the District, 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.
3 2. TERM. The term of this Agreement shall be effective July 1, 2026, pending approval by the District’s Governing Board and the City’s City Council, and shall continue through June 30, 2029. This Agreement shall expire automatically at the end of the term, unless renewed by mutual agreement in writing by both Parties or terminated earlier during the term of this Agreement.
Either party may terminate this AGREEMENT at their own convenience upon 30-day written notice to the other party.
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 District 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 consistent with all applicable laws;
D. Selection of Law Enforcement Personnel. 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 interview panel, as an advisory member.
E. SRO Training: School Resource Officers (SROs) shall complete a California Commission on Peace Officer Standards and Training (P.O.S.T.) approved School Resource Officer training course, or equivalent training, as soon as practicable following assignment to the position. SROs shall also receive Crisis Intervention Training (CIT), or equivalent training related to responding to individuals experiencing mental health crises. SROs are encouraged to remain informed regarding national, state, and regional best practices through professional development opportunities, conferences, and ongoing training related to school- based policing and student support services.
F. Employment Costs. City agrees to provide and pay SROs’ salary and employment benefits in accordance with the applicable salary schedules and employment laws and practices of the City and agreements negotiated with recognized employee 4 organizations including but not necessarily limited to: sick leave, vacation leave, overtime, compensatory time off, holiday pay, holidays in lieu benefits, retirement contribution, workers compensation, unemployment compensation, life insurance, dental insurance, and medical/hospital insurance.
G. Employment Practices. The City of Fremont does not discriminate against any person upon the basis of race, color, ancestry, national origin, religion, creed, disability, marital status, age, military and veteran status, gender or sex in its employment practices. City shall hold the District free, harmless, defend and indemnified from and against any and all claims, suites or causes of action arising out of allegations of unfair or unlawful employment practices brought by any SRO claimant regarding the employment practices of the party. In addition, FPD shall conduct annual performance evaluations of SROs documenting duty performance. School administrators may submit comments to be included in the annual performance evaluation.
H. Complaints. Upon receipt of any complaint, 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. The District shall cooperate to the greatest extent feasible with the Fremont Police Department as it relates to the investigation of SRO related complaints.
I. FPD officers will follow the constitution and the law when responding and interacting with students .
5 J. The SROs shall:
1. Be the liaison between FPD and the District, and shall notify the on duty FUSD administrator or the Superintendent as soon as practicable of any significant law enforcement actions taken by an SRO or other City officer;
2. Provide students with a better understanding of the nature and function of law enforcement by providing classroom presentations, as requested by the District;
3. When appropriate, be a resource for students, parents and staff;
4. SROs will work to facilitate communication between law enforcement, students, school staff, the District, and Community. SROs will work to build positive working relationships with school staff and parents. SROs will foster relationships and respect with students;
5. SROs shall not become involved in school administrative searches unless specifically requested to by the FUSD administrator/supervisor in order to provide security or to handle evidence and/or contraband. School administrative searches will be at the direction and control of the District Superintendent or the Superintendent’s designee, including but not limited to school principals.
6. Provide law enforcement expertise and technical assistance to assist school staff and administrators in maintaining safety school and District safety and emergency preparedness training.
7. Investigate crimes that occur on school campuses;
8. Deter criminal activity;
9. 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;
10. Subject to limitations under law, including but not limited to Welfare and Institutions Code section 625.6, the SRO’s investigation and questioning of students at school shall be limited to criminal offenses under federal state and/or local law, 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;
11. 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;
12. 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 6 events, at District request;
15. Attend home visits with school staff or counselors when requested; and
16. SROs shall be familiar with the District's policies and regulations related to safety, student conduct, and discipline issues, including the District's Code of Conduct, Board Policies (BP), and Administrative Regulations.
17. If the SRO exercises their authority to enforce federal, state and local laws, the SROs shall do so in alignment with the intervention, diversion and de- escalation protocols.
18. SROs will provide guidance to school administrators, faculty and staff upon request, in developing emergency procedures and emergency management plans to include prevention and/or minimization of dangerous situations, which may result from student conduct, unrest or unauthorized visitors or intruders.
19. 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. If the District receives any complaint regarding an SRO, the District will notify the Chief of Police, or their designee to share the details of the complaint, and the City shall investigate the complaint as outlined in section 3.H.
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 26/27 Fiscal Year 27/28 Fiscal Year 28/29
City of Fremont $1,185,657 $1,244,940 $1,307,187
Fremont Unified $1,185,657 $1,244,940 $1,307,187
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 2026/2027, 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.
7 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.
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, and subcontractors.
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 8 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 and other laws 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 other laws, 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, California 94538
Telephone (510) 657-2350
And to FPD shall be made to:
Chief of Police, Fremont Police Department
2000 Stevenson Boulevard
Fremont, California 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.
9 11. STUDENT RECORDS.
A. Limited "School Official" Designation: The Parties agree that an SRO shall only be deemed a “school official” under the Family Educational Rights and Privacy Act (FERPA) and California Education Code Section 49076 when performing an authorized, safety-related function explicitly outlined in this Agreement. SROs do not have automatic or unrestricted access to student records. The District shall at all times maintain direct control over the use, maintenance, and disclosure of all student records.
B. Scope of Access and Legitimate Educational Interest: SRO access to student records is strictly limited to instances where the officer demonstrates a specific, "legitimate educational interest" within the scope of their safety duties. SROs may be provided access to student records—limited primarily to directory-type information (e.g., name, contact information, address)—only for the purpose of responding to incidents involving the immediate physical safety of students or staff, or threats concerning the overall immediate safety of the campus. SROs are explicitly prohibited from inspecting or copying confidential student files, classroom assignments, attendance histories, or disciplinary logs for routine or non-emergency investigative purposes outside of a direct, immediate threat to campus safety.
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.
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 10 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, and any other applicable federal statutes, regulations and laws.
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.
16. 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.
17. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
18. WAIVERS. Waive 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.
19. 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.
20. 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 affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
21. SIGNATURES. Contingent upon ratification of this Agreement by both the Executive Director of Student Support Services & Special Education and Fremont City Council, 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.
22. 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 11 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
_____________________________ _____________________________ Robert Pasquale, Assistant Superintendent Brian Stott, Assistant City Manager
Date:___________________ Date:___________________