AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF SCHOOL RESOURCE OFFICER SERVICES WITH PLACENTIA-
YORBA LINDA UNIFIED SCHOOL DISTRICT (PYLUSD)
This Amendment No. 4 (`Amendment') to Professional Services Agreement is made and entered into effective the l l th day of July 2023, by and between The CITY OF PLACENTIA, a Municipal Corporation, ("City") and the PLACENTIA-YORBA LINDA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California, ("District"). CITY and DISTRICT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. Recitals.
(i). CITY and DISTRICT entered into a Professional Services Agreement ("Agreement") effective August 15, 2018, through which CITY has been providing School Resource Officer ("SRO') services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii) Effective September 1, 2019, the Parties executed Amendment No. 1, which increased the amount to be paid under the Agreement. The Parties executed Amendment No. 2 effective October 1, 2021, which increased the amount to be paid under the Agreement. The Parties executed Amendment No. 3 effective October 1, 2022, which again changed the amount to be paid under the Agreement.
(iii) The Parties now seek to amend the Agreement to again change the amount to be paid and extend the term of the Agreement.
(iv). All legal prerequisites to the making of this Amendment have occurred.
B. Amendments.
1. Paragraph (5) of the Agreement is amended to provide as follows:
DISTRICT agrees to reimburse the CITY for 79% of the annual cost of both SROs in an amount not -to -exceed of S250,000 for the 2023-2024 School Year. Said amount may be reduced based upon the actual cost incurred by CITY and shall be subject to adjustment in subsequent years as mutually agreed by the parties. Such adjustment in subsequent years shall not exceed the increase in the consumer price index for the Southern California area during the year immediately preceding the proposed adjustment.
2. Except as specifically modified herein, all the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 4, Amendment 1 No. 1, No. 2, No. 3 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 4 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
5. Each of the undersigned represents and warrant that he or she is duly authorized to execute and deliver this Amendment No. 4 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 4 to the Professional Service Agreement are to be executed as of the day and year first above written.
PLACENTIA-YORBA LINDA UNIFIED CITY OF PLACENTIA
SCHOOL DISTRICT
By: By:
David Giordano Damien R, Arrula
Chief Business Officer City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
2 TO: Dr. Michael D. Matthews, Superintendent
FROM: Richard McAlindin, Assistant Superintendent, Executive Services SUBJECT: CITY OF PLACENTIA SCHOOL RESOURCE OFFICER AGREEMENT AMMENDMENT NUMBER 3
DATE: August 9. 2022
BACKGROUND:
RATIONALE:
FUNDING:
The safety of our students while they are at school remains a priority of our community and school district. An effective way to prevent violence on campus, reduce crime, and at the same time foster trust and respect between law enforcement and students, is to assign a law enforcement officer to our district's high schools.
The School Resource Office (SRO) is a certified law enforcement officer who is permanently assigned to a school or set of schools.
The SRO is trained to perform three roles: law enforcement; law- related counselor; and law-related education teacher, and acts as a comprehensive resource to the assigned school.
The one-year agreement with the City of Placentia provides access to School Resource Officers at El Dorado and Valencia high schools. Both officers would provide support to all Placentia schools as needed. The two agencies will share in the cost of two officers and will collaborate on the specific duties to be performed.
This is a unique opportunity to involve the community and law enforcement in expanding crime prevention efforts for students and educating likely school-age victims in crime prevention and safety. We expect the SRO's to positively impact student, staff and parental perceptions of school safety.
General funds NTE $250,000
BOARD FOCUS AREA: This board agenda item supports Focus Area 4.0, Safe and Respectful Environment - "A safe and respectful environment is essential to student success. We foster a culture that promotes the emotional health, safety, and well-being of students, staff, and parents."
RECOMMENDATION: Approve the Agreement Amendment Number 3 between the City of Placentia and the Placentia-Yorba Linda Unified School District for the provision of two School Resource Officers, effective August 10, 2022 through June 30, 2023.
PREPARED BY: Richard McAlindin, Assistant Superintendent, Executive Services
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICE AGREEMENT
PROVISION OF SCHOOL RESOURCE OFFICER SERVICES WITH PLACENTIA-
YORBA LINDA UNIFIED SCHOOL DISTRICT (PYLUSD)
This Amendment No. 3 ("Amendment") to Professional Service Agreement is made and entered into effective the 1" day of October 2022, by and between the CITY OF PLACENTIA, a Municipal Corporation ("CITY"), and PLACENTIA-YORBA LINDA UNIFIED SCHOOL DSITRICT, a political subdivision fo the State of California (hereinafter "DISTRICT"). CITY and DISTRICT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. Recitals.
(i). CITY and DISTRICT entered into a Professional Services Agreement ("Agreement") effective August 15, 2018 through which CITY has been providing School Resource Officer ("SRO") services as more fully explained in the Scope of Servcies attached to the Agreement as Exhibit "A."
(ii). Effective September 1, 2019 the Parties executed Amendment No. 1, which increased the amount to be paid under the Agreement. The Parties executed Amendment No. 2 effective October 1, 2021 which again changed the amount to be paid under the Agreement. (iii)The Parties now seek to amend the Agreement to again change the amount to be paid. (iv). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
I. Paragraph (5) of the Agreement is amended to provide as follows:
DISTRICT agrees to reimburse the CITY for 79% of the annual cost of both SROs in the amount of $250,000 for the 2022-2023 school year. Said amount may be reduced based upon the actual costs incurred by CITY and shall be subject to adjustement in subsequent years as mutually agreed by the Parties. Such adjustment in subsequent years shall not exceed the increase in the consumer price index for the Southern California area during the year immediately prceding the proposed adjustment.
2. Except as specifically modified herein, all of the terns, conditions and provisions of the Agreement shall remain in full force and effect.
4. The Agreement, all amendments together with this Amendment No. 3, Amendment No. 1, No. 2 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties
and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 3 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 3 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 3 to the Professional Service Agreement are to be executed as of the day and year first above written.
DISTRICT CITY OF PLACENTIA
By: - `i _ - C _
PYLUSD J`d G► 0v- na
C/
By:
Damien Arrula
City Administrator
aye,e4y
Robert S. McKinnell,
City Clerk
APPROVED AS TO FORM:
C an L. Bettenhausen,
City Attorney
SRO
City of Placentia School Resource Officer
Compensation FY 2022/2023
Officer Hurtado Officer Valdez
Hourly Rate Hourly Rate
Step C $ 42.25 MONTHLY ANNUAL Step A $ 38.03 MONTHLY ANNUAL Annual Salary (Hourly Rate * 2080 hours) $ 7,323.09 $ 87,877.10 Annual Salary (Hourly Rate * 2080 hours) $ 6,591.94 $ 79,103.30 Additional Monthly Pay: Rate Additional Monthly Pay: Rate Bilingual $250/Month $ 250.00 $ 3,000.00 Bilingual $250/Month SRO 5% $ 366.15 $ 4,393.86 SRO 5% $ 329.60 $ 3,955.17
POST- BASIC 3% $ 183.08 $ 2,196.93 POST- BASIC 3%
POST-INTERMIDIATE 5% $ 329.54 $ 3,954.47 POST-INTERMIDIATE 5% POST - ADVANCE 7% POST - ADVANCE 7% $ 461.44 $ 5,537.23 PPOA Longevity Pay 5% PPOA Longevity Pay 5%
Monthly Benefits: Monthly Benefits:
Health (PERS Care) $ 735.00 $ 8,820.00 Health (PERS Care) $ 735.00 $ 8,820.00 Dental $ 44.75 $ 537.00 Dental $ 44.75 $ 537.00
Optical $ 7.82 $ 93.84 Optical $ 7.82 $ 93.84
Life $ 12.50 $ 150.00 Life $ 12.50 $ 150.00
LTD $ 34.82 $ 417.85 LTD $ 34.82 $ 417.85
STD $ 30.99 $ 371.84 STD $ 30.99 $ 371.84
PERS (Safety - PEPRA) $ 1,109.73 $ 13,316.76 PERS (Safety - PEPRA) $ 969.38 $ 11,632.62 Medicare $ 122.55 $ 1,470.62 Medicare $ 107.05 $ 1,284.64 EAP $ 3.00 $ 36.00 EAP $ 3.00 $ 36.00
Total Salary and Benefits: Total Salary and Benefits:
Salary $ 8,451.86 $ 101,422.36 Salary $ 7,382.98 $ 88,595.70 Benefits $ 1,978.61 $ 23,743.29 Benefits $ 1,838.26 $ 22,059.15 Payroll Taxes $ 122.55 5 1,470.62 Payroll Taxes $ 107.05 $ 1,284.64 Total Costs $ 10,553.02 $ 126,636.27 Total Costs $ 9,328.29 $ 111,939.48 PYLUSD Portion
City Portion
Full Hourly Rate Full Annual Rate
79% $ 48.10 $ 100,042.65
21% $ 12.79 $ 26,593.62
PYLUSD Portion
City Portion
Full Hourly Rate Full Annual Rate
79% $ 42.52 $ 88,432.19
21% $ 11.30 $ 23,507.29
Total PYLUSD $ 188,474.84
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICE AGREEMENT
PROVISION OF SCHOOL RESOURCE OFFICER SERVICES WITH PLACENTIA-
YORBA LINDA UNIFIED SCHOOL DISTRICT (PYLUSD)
This Amendment No. 2 ("Amendment") to Professional Service Agreement is made and entered into effective the IS` day of October 2021, by and between the CITY OF PLACENTIA, a Municipal Corporation ("CITY"), and PLACENTIA-YORBA LINDA UNIFIED SCHOOL DSITRICT, a political subdivision fo the State of California (hereinafter "DISTRICT"). CITY and DISTRICT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. Recitals.
(i). CITY and DISTRICT entered into a Professional Services Agreement ("Agreement") effective August 15, 2018 through which CITY has been providing School Resource Officer ("SRO") services as more fully explained in the Scope of Servcies attached to the Agreement as Exhibit "A."
(ii). Effective September 1, 2019 the Parties executed Amendment No. 1, which increased the amount to be paid under the Agreement.
(iii)The Parties now seek to amend the Agreement to again change the amount to be paid under the Agreement.
(iv). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenenants and conditions set forth herein. the Parties agree as follows:
B. Amendment to Agreement.
1. Paragraph (5) of the Agreement is amended to provide as follows:
DISTRICT agrees to reimburse the CITY for 79% of the annual cost of both SROs in the amount of $220,000 for the 2021-2022 school year. CITY shall provide the second of two SROs within 6 months of the start of the 2021-2022 school year. Said amount may be reduced based upon the actual costs incurred by CITY and shall be subject to adjustement in subsequent years as mutually agreed by the Parties. Such adjustment in subsequent years shall not exceed the increase in the consumer price index for the Southern California area during the year immediately prceding the proposed adjustment.
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
4. The Agreement, all amendments together with this Amendment No, 2, Amendment No. 1, and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 2 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 2 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 2 to the Professional Service Agreement are to be executed as of the day and year first above written.
DISTRICT CITY OF PLACENTIA
By: cd C� \ ��—..�� .,— By:
PYLUSD 1`0.) vc 61 Q ydAsn o Damien Arrula
tsCity Administrator
Robert S. McKinnell,
City Clerk
APPROVED AS TO FORM:
B . (--Q1./••••„
Christian L. Bettenhausen,
City Attorney
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF SCHOOL RESOURCE OFFICER SERVICES WITH PLACENTIA-
YORBA LINDA UNIFIED SCHOOL DISTRICT (PYLUSD)
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the day of September, 2019, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and PLACENTIA-YORBA LINDA UNIFIED SCHOOL DISTRICT, a Political Subdivision of the State of California ( "District").
CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective August 15, 2019 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase the amount of the contract. (iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 5 of the Agreement is hereby amended to read as follows:
District agrees to reimburse City for 79% of the annual cost of both SROs in an amount not to exceed $246,000. Said may be reduced based upon the actual costs incurred by City and shall be subject to adjustment in subsequent years as mutually agreed upon between the parties.
Such adjustment in subsequent years shall not exceed the increase in the consumer price index for Southern California area during the year immediately preceding the proposed adjustment.
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No.1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Consulting Services Agreement are to be executed as of the day and year first above written.
CONSULTANT
By:
Gig Plutko, Ed. D.
Superintendant (PYLUSD)
CITY OF PLACENTIA
Damienrrula% City Acliistrator
ATTEST:
By rete44Z,
Robert Mckinnell, City Clerk
APPROVED AS
B
stian L. Bettenhause , ity orney
CITY OF PLACENTIA AND PLACENTIA-YORBA LINDA
UNIFIED SCHOOL DISTRICT
SCHOOL RESOURCE OFFICER AGREEMENT
This Agreement is made and entered into as of August 15, 2018, by and between The CITY OF PLACENTIA, a Charter City and municipal corporation, ("City") and the PLACENTIA-YORBA LINDA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California, ("District") (collectively the "Parties").
A. Recitals.
(i). In recent years, the Parties have determined that there is a need to place a police officer in both local high schools in order to more effectively deal with police -related issues that are unique to school campuses. It is the intent of this Agreement that Placentia police officers will work on campus, handle crimes that occur on campus, and be utilized for crisis intervention, counseling and mentoring of students.
(ii) The Parties desire to establish an effective mechanism for the provision of such services on District high school sites.
(iii) All legal prerequisites to the making of this Agreement have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein it is agreed by and between City and District as follows:
B. Agreement.
1. City and District agree that District shall pay 79% and City shall pay the remaining 21% of the cost of two (2) full-time sworn police officers to be committed to full-time (school year) duties as a School Resource Officer ("SRO") per Schedule "A".
2. The SROs shall be employees of City, and City shall be responsible, in all respects for compensation, training, coordination and management of duties, discipline, and all other matters related to their employment; provided, however, that the individuals employed by City as SRO shall be acceptable to District. The SROs shall comply with all District rules and regulations.
3. City and District agree that the duties of the SRO shall be as follows:
(a). Act as resource person for the schools, students, parents, teachers, school staff and others involved in the welfare and education of youth. (b). Counsel students and parents.
(c). Assist the school authorities in determining the most appropriate courses of action in cases involving is :lal violations f law on campus or at -risk youth. 1 (d). Cooperate with school authorities in finding resources that may assist in helping at - Risk
students.
(e). Inspect school facilities for reasonable security precautions, traffic patterns, and vandalism deterrents.
(f), Take reports of criminal offenses that occur on school property and submit them to the Police Depaitaient for follow-up. Develop a friendly, non -threatening relationship with students.
(g). Give presentations to students on administration of justice, youth, and the law; rights and responsibilities of students and parents; bicycle, and pedestrian safety, drug abuse, anti -gang messages, and other topics as mutually agreed. (h). Meet with PTA groups, teacher groups, student bod y groups, and other interested groups as deemed necessary and appropriate.
(i). Assist in planning and supervising dances, sporting events, and other school activities.
Both parties agree the SROs shall not be responsible for the following:
(1). Discipline of students.
(2). Enforcement of school rules and regulations.
4. The District and City acknowledge and agree that for purposes of sharing pupil record information, the SRO shall be deemed a "school official" consistent with applicable federal and state law and regulations. Pursuant to 34 Code of Federal Regulations (§ 99.31(a)(1)(i)(B)), both parties agree that the SRO, as a school official:
a) Performs a service or function, as noted in this Agreement, for which the District would otherwise use employees;
b) Is under the direct control of the District with respect to the use and maintenance of education records;
c) Is subject to the requirements in § 99.33(a) that the personally identifiable information (PII) from education records may be used only for the purposes for which the disclosure was made, e.g., to promote school safety and the physical security of students, and governing the redisclosure of PII from education records; and
d) Meets the criteria specified in the District's annual notification of FERPA rights for being a school official with a legitimate educational interest in the education records. That criteria includes the above three points and limits access to pupil records to those pupil records the SRO needs to review in order to fulfill his or her professional responsibility.
In addition, both parties agree that SROs acting as school officials under this Agreement may only use personally identifiable information from pupil records for the purposes for which the 2 disclosure was made, e.g., to promote school safety and the physical security of the students, in accordance with 34 CFR §§ 99.31(a)(1)(i)(B)(3) and 99.33(a)(2). In addition, SROs under this Agreement are subject to FERPA's redisclosure requirements in 34 CFR § 99.33(a), which means that a SRO who is acting as a "school official" under FERPA may not re -disclose pupil record information from education records to others, including other employees of his or her police department who are not acting as school officials without consent, unless the disclosure fits within one of the exceptions to consent in FERPA such as a subpoena, court order, emergency determined by the District, or directory information if the parent/legal guardian has not opted out.
5. District agrees to reimburse City for 79% of the annual cost of both SROs in an amount not to exceed $221,000. Said may be reduced based upon the actual costs incurred by City and shall be subject to adjustment in subsequent years as mutually agreed upon between the parties.
Such adjustment in subsequent years shall not exceed the increase in the consumer price index for Southern Califomia area during the year immediately preceding the proposed adjustment.
6. District further agrees to make available office space for the SROs at District's schools, including office materials and supplies. Payment to the City by the District pursuant to this Agreement shall be made based upon quarterly invoices for cost incurred, payable October 1, January 1, April 1 and June 30 of each year in which the Agreement is in effect.
7. The City agrees to indemnify and hold District harmless from any and all liabilities, claims, and costs, including reasonable attorneys ' fees associated with any claims or demands related to the conduct of the SRO or services provided by him/her pursuant to this Agreement.
City shall, however, have no obligation to indemnify and hold District harmless for the negligent or intentional wrongful acts of District's officials, employees, and agents.
S. District hereby agrees to indemnify and hold City harmless from any and all liabilities, claims, and costs, including reasonable attorneys' fees associated with any claims or demands related to the conduct of the SRO or services provided by him/her pursuant to direction of District officials or staff DISTRICT shall, however, have no obligation to indemnify and hold City harmless for the negligent or intentional wrongful acts of City's officials, employees, and agents.
9. This Agreement shall automatically renew annually for an additional period of one (1) year commencing July 1 of the next succeeding year, unless either Party elects to terminate or alter the Agreement as hereafter provided, up to a total of five (5) years. If either Party wishes to terminate this Agreement without cause or alter its renewal terms, the Party desiring the alteration or termination shall notify the other Party in writing sixty (60) days prior to the proposed alteration or termination date.
3 CITY OF PLACENTIA, A
Charter City and Municipal
Corporation
Damien R. Arrula
City Administrator
ATTEST:
Patrick J. Mill • City Clerk
Approved as to form:
Christian L. Bettenhausen, City Attorney
PLACENTIA-YORBA LINDA
UNIFIED SCI-IOOL
DISTRICT A Political
Subdiv' ion of the State of
Califoria
Greg Plutko, Ed. D.
Secretary of the Board
Date of Board Approval
4