ITEM 4.15
CITY MANAGER' S REPORT
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF AGREEMENT BETWEEN THE CITY OF
LATHROP AND RIVER ISLANDS ACADEMIES TO
PROVIDE SCHOOL RESOURCE OFFICER SERVICES
RECOMMENDATION: Adopt Resolution Approving Agreement between the City of Lathrop and River Islands Academies to
Provide School Resource Officer Services for the
2023- 2024 School Year
SUMMARY:
The Lathrop City Council approved four ( 4) School Resource Officers ( SRO) as part of the Lathrop Police Department. The Lathrop Police Department currently assigns two ( 2) SROs to River Islands Academies public school campuses in the City of Lathrop on a rotational basis. Having an SRO on campus enhances student and staff safety and fosters positive relationships between law enforcement and the school community.
The proposed agreement outlines the responsibilities of each party involved including indemnification to address potential liability associated with providing the SRO services.
Staff recommends City Council approve the agreement between the City of Lathrop and River Islands Academies to Provide School Resource Officer Services for the 2023- 2024 School Year.
BACKGROUND:
The City of Lathrop' s City Council recognizes the importance of school safety and approved four ( 4) SROs as part of the Lathrop Police Department. The SRO' s primary focus is to provide law enforcement presence at the school campuses, promote positive relationships between law enforcement and students, and foster a partnership with the school' s administration to create a safer learning environment.
The Lathrop Police Department currently assigns two ( 2) SROs to River Islands Academies public school campuses in the City of Lathrop on a rotational basis. The City of Lathrop and River Islands Academies are aligned with their shared commitment to prioritize the safety and welfare of the students and the school community. The proposed agreement outlines the responsibilities of each party and establishes mutual indemnification to address potential liability associated with providing SRO services.
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
AGREEMENT BETWEEN THE CITY OF LATHROP AND RIVER ISLANDS
ACADEMIES TO PROVIDE SCHOOL RESOURCE OFFICER SERVICES
REASON FOR RECOMMENDATION:
The Lathrop Police Department currently assigns two ( 2) School Resource Officers to River Islands Academies public school campuses. The proposed agreement outlines the responsibilities of each party and establishes mutual indemnification to address potential liability associated with providing the SRO services.
FISCAL IMPACT:
The personnel cost of the School Resource Officers assigned to River Islands Academies is included in the City of Lathrop' s FY 23- 24 Adopted Budget.
ATTACHMENTS:
A. Resolution Approving Agreement between the City of Lathrop and River Islands Academies to Provide School Resource Officer Services for the 2023- 2024 School Year
B. Agreement between the City of Lathrop and River Islands Academies to Provide School Resource Officers for the 2023- 2024 School Year CITY MANAGER' S REPORT PAGE 3
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
AGREEMENT BETWEEN THE CITY OF LATHROP AND RIVER ISLANDS
ACADEMIES TO PROVIDE SCHOOL RESOURCE OFFICER SERVICES
APPROVALS:
0 1 Z 3
t Sealy Date
rim Chief of li
e.i3
Cari Jame Date
Finance Di e or
lO « g, t3
Salvador Navarrete Date
City Attorney
6• Z3
St n J. Salvatore Date
City Manager
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING AN AGREEMENT BETWEEN THE CITY OF LATHROP AND RIVER
ISLANDS ACADEMIES TO PROVIDE SCHOOL RESOURCE OFFICER SERVICES FOR THE 2023- 2024 SCHOOL YEAR
WHEREAS, the City Council approved four ( 4) School Resource Officers ( SRO) as part of the Lathrop Police Department; and
WHEREAS, the Lathrop Police Department currently assigns two ( 2) SROs to River Islands Academies public school campuses in the City of Lathrop on a rotational basis; and
WHEREAS, the SRO' s primary focus is to provide law enforcement presence at the school campuses, promote positive relationships between law enforcement and students, and foster a partnership with the school' s administration to create a safer learning environment; and
WHEREAS, the City of Lathrop and River Islands Academies are aligned with their shared commitment to prioritize the safety and welfare of the students and the school community; and
WHEREAS, the proposed agreement outlines the responsibilities of each party and establishes mutual indemnification to address potential liability associated with providing the SRO services; and
WHEREAS, the personnel cost of the School Resource Officers assigned to River Islands Academies are included in the City of Lathrop' s FY 23- 24 adopted budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the proposed Agreement between the City of Lathrop and River Islands Academies to Provide School Resource Officer Services for the 2023- 2024 School Year.
The foregoing resolution was passed and adopted this 13t" day of November 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT B
CITY OF LATHROP— AGREEMENT FOR SCHOO RESOURCE OFFICER SERVICES
CITY OF LATHROP
AGREEMENT BETWEEN TI CITY OF LATHROP AND RIVER ISLANDS
ACADEIVIIES TO PROVIDE SCHOOL RESOURCE OFFICER SERVICES THIS AGREEMENT, dated for convenience this * day of November 2023 is by and between River Islands Academies, a nonprofit public benefit corporation (" RIA") and the City of Lathrop, a California municipal corporation (" CITY"). The CITY and RIA may be referred to herein as " Party" or collectively as " Parties".
RECITALS:
The following recitals are a substantive portion of this Agreement:
WHEREAS, the City will assign two ( 2) Lathrop Police Department Officers as School Resource Officers ( SRO) to its public school campuses located in the City of Lathrop on a rotational basis; and WHEREAS, it is not the intent of the Parties for RIA to delegate to the CITY its duty to protect its students from foreseeable or unforeseeable dangers; and WHEREAS, the Parties understand the RIA has broader legal authority to set and enforce campus rules than the CITY or its officers; and
WHEREAS, the Parties understand student privacy rights limit the CITY' s and assigned officers' access to RIA information, which may limit the CITY' s and officers' ability to perceive a potential threat; and
WHEREAS, the Parties anticipate the assigned officers' off-campus duties and travel between campuses will take the officers off-campus and result in the lack of the presence of an officer and marked vehicle during such times; and
WHEREAS, the Parties agree that the absence of the assigned officer and/ or the patrol vehicle from a school campus shall not be considered a breach of this Agreement; NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions in this Agreement, RIA and the CITY agree as follows:
AGREEMENT
1) Scope of Service
The City will assign two( 2) Lathrop Police Department Officers as School Resource Officers( SRO) to RIA' s public-school campuses located in the City of Lathrop on a rotational basis on the instructional days listed in the FY 23- 24 school calendar, attached hereto as Exhibit" A". Exhibit A" is attached to this Agreement and incorporated herein as though fully set forth.
Each SRO shall be the CITY' s employee and shall be subject to the CITY' s administration, supervision, and control.
CITY OF LATHROP- AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES 2) Effective Date and Term
The effective date of this Agreement shall be from the date of its full execution through the last day of school as listed in E chibit" A", unless terminated by either party by providing thirty( 30) days' written notice.
3) Insurance
A. RIA, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit " B".
Exhibit " B" is attached to this Agreement and incorporated herein as though fully set forth. RIA and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability policy or policies.
B. All insurance coverage required hereunder shall be provided through carriers with AM Best' s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CITY retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
C. Certificates evidencing such insurance shall be filed with CITI' concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY's attorney and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the City Attorney thirty( 30) days prior written notice of the cancellation or modification( except for non- payment of premium, in which case ten( 10) day notice is required.
D. If the insurer cancels or modifies the insurance and provides less than thirty( 30) day notice to RIA, it shall provide the City Manager written notice of the cancellation or modification within two( 2) business days of the RIA' s receipt of such notice. RIA shall be responsible for ensuring that current certificates evidencing the insurance are provided to the City Manager during the entire term of this Agreement.
E. The procuring of such required policy or policies of insurance will not be construed to limit the RIA' s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, the RIA will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
CITY OF LATHROP— AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES 4) Indemnification
A. The RIA shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with any services provided by the City or any City Personnel or their performance of work or any failure to comply with any of the City' s duties contained in the Agreement, except such loss or damage which was caused by the active negligence by City Personnel, or the gross or willful misconduct of City Personnel.
B. The CITY shall indemnify, defend, and hold harmless the RIA, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the gross or willful negligence by the CITY or the gross or willful misconduct of the assigned officer during the performance of work hereunder. Parties agree that the absence of the assigned officer and/ or the patrol vehicle from a school campus shall not be considered gross or willful negligence by the CITY or the gross or willful misconduct of the assigned officer during the performance of work hereunder.
C. In the event of concurrent negligence on the part of RIA or any of its officers, directors, trustees, employees, agents or volunteers, and the CITY or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law equity for such losses, fines, penalties, forfeiture, costs and damages shall be apportioned under the State of California' s theory comparative negligence as presently established or as may be modified hereafter.
D. If the RIA rejects a tender of defense by the CTTY and/ or the assigned officer under this Agreement, and it is later determined that the CITY and/ or the officer breached no duty of care and/ or was immune from liability, the RIA shall reimburse the CITY and/ or officer for any and all litigation expenses ( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the CITY and/ or officer settles a liability claim, with or without participation by the RIA.
E. The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the CI'TY or its assigned officer that they would not owe in the absence of the Agreement. The Parties agree that this Agreement does not create an affirmative duty of care( including, without limitation, a duty to protect, a duty to deter and/ or a duty to intervene) by the CITY or the assigned officer and the absence of the assigned officer and/ or the patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the CITY nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.
5) Integration of Prior Terms and Conditions
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each party, although it may be executed by an
CITY OF LATHROP- AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES authorized agent of each party. An authorized agent of the CITY shall be a person specifically authorized by the legislative body of the CI1'Y to execute this Agreement, at the level of City Manager or City Attorney equivalent.
The indemnity sections shall survive termination or expiration of this agreement.
To City: City of Lathrop
City Clerk
390 Towne Centre Dr.
Lathrop, CA 95330
Copy to: City of Lathrop
L.athrop Police Department
940 River Islands Parkway
Lathrop, CA 95330
To RIA: River Islands Academies
Attn: Brenda Scholl, Director
2760 Penrose Lane
Lathrop, CA 95330
6) Sisnatures
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 RIA and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP— AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES In Witness Whereof, the Parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.
City of Lathrop River Islands Academies
Recommended for Approval:
v 623
en Seal Date Brenda Scholl Date
nterim Chie o Police Executive Director
Approved By:
Stephen J. Salvatore Date Susan Dell' Osso Date
City Manager School Board President
Approved as to Form:
1o 8'' zvz3
Salvador Navarrete Date
City Attorney
Attest:
Teresa Vargas Date
City Clerk
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EXHIBIT " B" INSURANCE REQUIREMENTS
KIVER 1SLANDS ACAllL: A-llLS ( RI.4), A' I' TI-tEIR SOLIi EXYENSG, SHAL[, F OR TFiL " i' GRM 01 " 1' HE ACiREL. MEN' I' OF3TAIN ANl) MA1N' 1' AIN INSIJRANCE tN THG AMOUNTS F'OR " I'HE COVEiRAGE SPF CIFIEI) f3 L(7W, AFFORDED BY COMPEINIES ' VITII AM BEST' S KEY RATING OI' A-:VII, OR IIIGIIER, LICENSED OR, AtiTHORIZED TO TTtAtiSACT ItiSURANCE BLSIN; tiS IN THE STATE OF CAI, IFORNI. A.
AGREEMENI' IS CON' I'INGIiNT ON COMPLIANCE WI' t' f l CI' fY' S [ NSURANCI: RGQiJIRt' sMENTS, AS SYI3CII IED, BF;I,OW:
T' YPI OFC( VERAGE M[ NIMLJM 7' YPE MWIMGM L.IMITS
i'..<\C' Il EIGGREGA`I'P.
OCCIJRREiNCF
VVORTirR'S COMPrNSATION S"T' A"I'L' t'ORY
I.MPLOYER' S L,IAFiIL,ITY 7,( x)0, 000
COMMF,RCIAL GENEI2AI. Coverage must be at IeasC as O( H), 000 10,( N) O. 00Q LIABILI"I' Y, 1NC; LUDING broad as tS0 CG 00 Q1 atid
PLRSON; II. INJURY, BRQr1D must incJude property
FORM PROAERTY DAMAGE; damage, bodily injuty ai d
pertonai injury coverage
AU'TOMOBILE LIABIL[TY, DistricC shxll provide auto
ItiCL DING A1.I.. O VNEI), I iFtLI), liability cove.rage for owned, NON-OWNFD non--- owned, and hired autos
S, Q00, 000 10,000,000
usinn ISO Business Auto
Covera; e form CA 00 O1, or
the exact eyuivalent, w9th a
limit of no le ss than
5, 000, 000 per accident.
PROPFSSIONAL LIAf31LI1' 7',
INCI.LDIN( i, ERROftS AND
OMISSIONS, MALPRACTICE AI..I, DA f,1GES 1,( x)Q, 000
WHEN?. PPLICABLE), ' vD
NLGLIGENT YERFOF2I 4.ANCE
EMPLOYMEN' C PRAC7' ICES Include coverage for any claim L[AB[I,TY,[ NCLUDING COVLRAGF, bruugh[ against the Ciry by or on FOR TITIRD-PARTY CI..AI: 1S behalf of any third party claiming actual or alleged discrimination,
1*'
sexuc+l harassment or viotation of
third party' s civil rights.
RIA AT ITS SOI..F COST / 1ND IiXPFNSL, SHAI., I_ OFiTAIN AND b1AINTAIN, IN f t.' 3. I, PORCF AND F.',FFL:CT THROU(iHOUT THE F.;N' I'IRF TERM OP ANY RESLJl,-I'AN7' AGRHEb4fiN' I', ' CHE INSURANCE C) VERA(iE H RIii[ N UESCKIBEU. 1VAMING AS ADDITION. I, IVSUREDS THF. CITP OF LATf( ROP, ITS CO[: NC:IL NIEMBERS, OFFICERS, AGENTS. EiVIPLOY' EF:S, AND VQLti ITEERS.
1. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WR TTEN TH( RTY 1:) AY ADVANCE NUT( CE( TEN DAYS NOTICF, FOR CANCELLATION DUE TO NON- PAYMENT OF PREMIUM) TO C[ TY OF LATHROP CHANGE IN COVERAGE UR OF COVERAGE CANGELLATION; AND
3. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAG FOR R1AS t GREEMENT TO INDEMNIFY GITY.
C. DEDUCTIBL AND/ OR SELF- INSURANC RETENTION AMOUNTS IN EXCESS OF$ , 000 REQUIRE CITY' S PRIOR APPROVf1L.
II. RIA MUST SUBMIT CERTIFICATES( S) OF INSURANCE EVIDENCING REQUIR D COVBKAGE.
lil. ENI) ORSEMENT PROVISIONS. WITI-I RESPECT TO THE [ NSUKANCE AFFORDED TO AI DITIONAI., INSUREDS"
A. YK[ MARY COVERAGE: W17' H RESPECT TO CLAIMS ARIStNG OUT OF THE OE' ERATIONS OF THF,NAMED INSURED, INSURANCF, AS AFFOI2DE1:) 3Y T}i1S YOLICY IS 1' RIMARY ANI)
IS NOT ADDITIONAL TO OR CONTRIQUTING WITH ANY OTHER INSURANCF, CARRIED I3Y OR FOR THE BENEFIT OF THF ADDITIONAL 1NSUREDS.
B. jj, LIABIL,[ TY: THE NAMING OF MORE' T} IAN ONE 1? F.,RSON, FIRM, OK CORPOKATTON AS INSUREDS UNDER THE POLiCY SHAI.. I_ NOT, FOR TEIt1T REASON ALUNE, EXTINC' JUI:SH ANY RIGHTS OF THE INSUI2ED AGAINST ANOTHER, BUT THIS ENDORSEMENT, ANI) THE NAMING OF MULTIF' LE INSUKEDS, S} IALL NnT INCKEASE THE TOTAL LIABILITY OF THE COMPANY UNDER TI{ IS POI.,IC:Y.