1 MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF GONZALES AND
THE GONZALES UNIFIED SCHOOL DISTRICT
FOR A SCHOOL RESOURCE OFFICER
This Memorandum of Agreement, establishing a Gonzales Unified School District Resource Officer, is made by and between the City of Gonzales, a municipal corporation ("City"), and the Gonzales Unified School District ("District"), and is effective from July 1, 2024 through June 31, 2029, unless otherwise extended.
RECITALS
A. The District owns and operates school campuses in the City of Gonzales, Monterey County.
B. The District desires to retain the services of an on-campus "School Resource Officer" from the City, for a variety of purposes, including interaction with and education of students and for responding to safety and security issues that arise at the various school campuses within the district.
C. City is willing to assign one police officer to provide School Resource Officer (SRO) services to District, subject to the terms and conditions set forth in this agreement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:
1. Assignment and Selection: City agrees that it will assign one sworn police officer to the position of District-wide School Resource Officer ("SRO") in accordance with the terms and conditions set forth in this Agreement. The City shall bear all responsibility for the hiring of the SRO; however, the District Superintendent of Schools or his/her designee will be invited to participate in the hiring process and the City will consider their input in the selection of the SRO. In addition, the City retains the sole discretion to assign any police officer to fill this position from time- to-time during the term of this Agreement;
2. Training and Oversight: The City shall bear all responsibility for hiring, training, supervising and evaluating said officer, in accordance with normal City procedures and policies. However, the City shall consider any request by District Superintendent of Schools or his/her designee for the assignment or removal of any particular SRO and will request from the Superintendent of Schools or his/her designee feedback during the evaluation process of the SRO.
3. Cost Sharing: The City and District will each pay 50% of the costs associated with the SRO, including but not limited to salary, benefits, worker’s compensation, and training and equipment costs, as detailed in this agreement. 2 4. Assignment Details:
a. Schedule. One SRO shall be assigned to District and will work a schedule that is mutually agreeable to the City and District. The Chief of Police and District Superintendent will develop the schedule and campus locations that the SRO will work. The SRO hours may be changed upon mutual agreement of the parties. The SRO will be available for professional development by mutual agreement. b. Non-exclusive Assignment. City reserves the right to reassign the SRO to regular patrol or other duties within the police department on an intermittent temporary basis (e.g., for training, to cover for another officer, to respond to a medical call, to respond to a request for back-up). In such instances, another officer will not be assigned to the District. Notwithstanding, during such periods, the Gonzales Police Department will respond to District calls for assistance on an "as-needed" basis. The SRO may also be absent from the District when on City authorized leave (vacation, sick or other), in which case, requests for service will be handled on the same "as needed" basis. Notwithstanding the above, the SRO shall not be the only police officer scheduled to be on duty during school days.
c. Scope of Duties. The parties hereto agree that the SRO's duties and responsibilities shall be the following:
i. The SRO shall work with the Superintendent of Schools or his/her designee and administration of the District and school campuses on issues related to the students of said schools.
ii. The SRO shall refer students who have been involved with law enforcement for alcohol, drug, gang, bullying, and other related offenses to the appropriate services and programs, including but not limited to the Monterey County Probation Department and/or District Attorney.
iii. The SRO shall respond to calls related to parties involved with alcohol, drugs, bullying, gang-related activities, threats/intimidation, and physical assaults when juveniles are present, or, if not on duty at the time, collect relevant information from responding officer(s) .
iv. In investigating possible crimes and other incidents, the SRO will conduct a parallel investigation separate from any District investigation.
Information concerning investigations will be shared by District and City as allowed by relevant law. The District shall provide the SRO with notice of any alleged school-related criminal conduct of which the District becomes aware, and may seek advice from the SRO with respect to appropriate District handling of the same.
3 v. Upon approval of the School Superintendent or his/her designee, the SRO may participate in sessions designed to promote positive behavior on the part of students designated by the District to be "at-risk" under the guidance and in the company of a school administrator or designee. The SRO may also provide guidance, in keeping with said officer's training with the City's police department and any additional District policies, to students who initiate requests for such advice.
vi. During each classroom break, and before and after school, the SRO will be highly visible on and around the school campuses in the District. vii. The SRO shall actively enforce the District's policy relating to Gangs and Gang Related Behavior and Symbols. The SRO will provide gang awareness training to staff and parents on an "as needed" basis. viii. The SRO shall have the authority to enforce school related rules and policies as developed by District administration.
ix. The SRO shall be available to offer witness testimony during related expulsion proceedings.
5. Employee of City: It is understood and agreed by the parties hereto that at all times during the term of this Agreement, the SRO shall be an employee of the City and not an employee of the District. City shall be responsible for any and all payments to the SRO including salary, benefits, and worker's compensation.
6. Equipment, Training and Uniform Costs: The City and District agree to share the cost of all equipment, training and uniforms used by the SRO with the City paying 50% and the District paying 50%.
7. District Responsibilities: District shall provide the SRO with office space and equipment, to the extent possible on the School campuses. District shall also designate an on-campus District administrative employee as the SRO's contact person to assist in coordinating the SRO's on-campus activities. Although the SRO will take reasonable steps to cooperate with District requests regarding the performance of the SRO's duties, District expressly agrees that it will make no request or engage in any conduct which might interfere with the SRO's duties and responsibilities as a police officer to investigate criminal matters.
8. Employee Salary and Benefit Costs: One SRO will be part of this Agreement.
Approximately fifty-percent (50%) of one SRO will be paid by the District each year and the other 50% paid by the City each year.
9. Mutual Hold Harmless: District agrees to hold harmless City, including its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs and liability for any personal injury or property damage which may arise directly or indirectly as a result of the SRO's activities related to this Agreement.
4 City agrees to hold harmless District, and its elected and appointed councils, boards, commissions, officers, agents, employees and representatives from any and all claims, costs and liability for any personal injury or property damage which may arise directly or indirectly as a result of Dist1ict's actions related to the SRO pursuant to this Agreement.
10. Term: The term of this Agreement shall be for five (5) years from July 1,, 2024 through June 31, 2029. Unless a notice of non-renewal is provided by either party thirty (30) days prior to each successive anniversary date, this Agreement shall be automatically extended from year to year until and such notice is given.
11. Assignment. Neither this Agreement nor any obligations of the parties hereunder may be assigned or subcontracted without the prior written consent of the other party, which the other party may withhold at its sole discretion.
12. Entire Agreement of the Parties. This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to subject matter of this Agreement and contains all the covenants and agreements between the parties with respect to the, subject matter of this Agreement. Any modification of this Agreement will be effective only if it is in writing, signed by both parties.
13. Notices. Any notices to be given hereunder by either party to the other may be affected by personal delivery in writing or by mail, registered or certified, with return-receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing on the signature page of this Agreement.
14. Partial Invalidity. If any provision in 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.
15. Waiver. Waiver by a party of anyone or more of the conditions of performance under this Agreement shall not be construed as a waiver of any other condition or performance under this Agreement.
CITY OF GONZALES,
a municipal corporation
147 Fourth Street
Gonzales, CA 93926
GONZALES UNIFIED SCHOOL DISTRICT
600 Elko Street
Gonzales, CA 93926
_____________________________ _____________________________________________ Gonzales City Manager Gonzales Union School District Superintendent