Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, May 23, 2023 (part 3 of 3)

Item 9.7 – CC/LRA – 05/23/2023

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.7
SECTION 9: CONSENT CALENDAR
Meeting Date: May 23, 2023
Subject: Resolution Authorizing an Amendment to the Agreement between the City of Riverbank and the Riverbank Unified School District for School Resource Officer Services and Authorizing the City Manager to Finalize and Execute said Agreement
From: Marisela H. Garcia, City Manager

RECOMMENDATION
It is recommended that the City Council consider authorizing an amendment to the School Resource Officer Agreement.

SUMMARY
On January 24, 2023 the City Council adopted Resolution No. 2023-007 which approved an agreement for School Resource Officer Services between the City and the Riverbank Unified School District. Via it’s Law Enforcement Contract with the City, Stanislaus County was a third party to the negotiations of the agreement and had recommended a clarification to Section 2.2 that was not incorporated. The amendment to Section 2.2 does not invalidate or affect the enforceability of the original agreement but simply clarifies the language.

ORIGINAL LANGUAGE– Approved 1/24/2023
Section 2.2 The City, through its Law Enforcement Services Agreement with the County, in its sole discretion, shall have the power and authority to hire, discharge, and discipline the SRO. The City, through its Law Enforcement Services Agreement with the County, shall retain control over supervision, wages, and other terms and conditions of employment of the SRO in providing the Services under this Agreement. The Parties acknowledge that the SRO is held to the requirements of the law and County policies and procedures. The City, through its Law Enforcement Service Agreement with the County, shall have the responsibility to evaluate, manage, and supervise the SRO. The School District shall immediately notify the City of any concerns regarding the performance of the assigned officer, including, but not limited to, adherence to the scheduled duty hours and

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Item 9.7 – CC/LRA – 05/23/2023
quality of Services. The City shall indemnify, defend, and hold harmless the School District from and against any and all claims, suits, or causes of action arising out of allegations of unfair or unlawful employment practices brought by the SRO.

PROPOSED LANGUAGE
Section 2.2 The City, through its Law Enforcement Services Agreement with the County, shall retain the same rights, duties, and obligations with regards to the SRO, as all other employees from the Department as agreed to in the Law Enforcement Services Agreement. Nothing in the Agreement will affect or expand the City’s rights, duties, and obligations, to those Department employees working under the terms and conditions of the Law Enforcement Agreement. The County, through its Law Enforcement Services Agreement with the City, shall also retain the same rights, duties, and obligations with regard to the SRO. Nothing in the Agreement will affect the employer/employee relationship the County has with those employees working under the terms and conditions of the Law Enforcement Service Agreement.

The City, through its Law Enforcement Services Agreement with the County, shall retain control over supervision, wages, and other terms and conditions of employment of the SRO in providing the Services under this Agreement. The Parties acknowledge that the SRO is held to the requirements of the law and County policies and procedures. The City, through its Law Enforcement Service Agreement with the County, shall have the responsibility to evaluate, manage, and supervise the SRO. The School District shall immediately notify the City of any concerns regarding the performance of the assigned officer, including, but not limited to, adherence to the scheduled duty hours and quality of Services. The City shall indemnify, defend, and hold harmless the School District from and against any and all claims, suits, or causes of action arising out of allegations of unfair or unlawful employment practices brought by the SRO.

STRATEGIC PLAN
This item is directly related to the City Council’s Strategic Plan Goal to “Improve Public Safety.”

FINANCIAL IMPACT
There is no financial impact associated with this amendment.

ATTACHMENTS

1. Resolution 2023-

2. Proposed Agreement – Redline Version

3. Proposed Agreement – Final Draft

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CC/LRA – 05/23/2023
CC Resolution 2023-

CITY OF RIVERBANK
RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
APPROVING AN AMENDMENT TO SECTION 2.2 OF THE AGREEMENT BETWEEN

THE CITY OF RIVERBANK AND THE RIVERBANK UNIFIED SCHOOL DISTRICT

FOR SCHOOL RESOURCE OFFICER SERVICES AND AUTHORIZING THE CITY

MANAGER TO FINALIZE AND EXECUTE SAID AGREEMENT

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, prior to 2007 the Stanislaus County Sheriff’s Department offered School Resource Officer services to the Riverbank Unified School District; and WHEREAS, due to budgetary constraints this service was terminated; and WHEREAS, over the course of the past several years there has been an increase in school mass shootings and incidents that have caused a negative impact on the relationship between students and law enforcement; and
WHEREAS, City staff, Stanislaus County Sheriff’s Department staff, and Riverbank Unified School District staff collaborated on an agreement (“Agreement”) to offer School Resource Officer services to continue to build positive relationships between students and law enforcement; and
WHEREAS, the City Council adopted Resolution No. 2023-007 which approved the Agreement between the City and the Riverbank Unified School District, and WHEREAS, based on feedback from the Stanislaus County legal counsel an amendment to Section 2.2 was not incorporated into the original Agreement and is now being proposed as an update to the Agreement, and
WHEREAS, the final Agreement including the proposed amendment between all three parties is attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby approve the amendment to the Agreement between the City of Riverbank and the Riverbank Unified School District for School Resource Officer Services and authorize the City Manager to finalize and execute said Agreement.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 23rd day of May, 2023; motioned by Councilmember __________, ATTACHMENT 1

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CC/LRA – __/__/____
CC Resolution 2023-
seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
Attachment(s): Agreement between the City of Riverbank and the Riverbank Unified School District for School Resource Officer Services {CW116254.1} 1

AGREEMENT BETWEEN THE CITY OF RIVERBANK AND THE RIVERBANK

UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES This Agreement (“the Agreement”) is hereby made and entered into this _____ day of ____________ 2023, by and between the City of Riverbank, a California municipal corporation (the “City”), and Riverbank Unified School District, a unified school district (the “School District”). The City and School District may be referred to individually as a “Party” or collectively as the “Parties. There are no other parties to this Agreement.

RECITALS
WHEREAS, the City is a local municipal corporation located in the County of Stanislaus, State of California and maintains the Riverbank Police Services Department (the “Department”), with its principal place of business at 6727 3rd Street Riverbank, CA 95367; WHEREAS, the City and the County of Stanislaus (“County”) are parties to agreement for law enforcement services (“Law Enforcement Services Agreement”) for the term of July 1, 2020, through June 30, 2024, attached hereto as Exhibit A; WHEREAS, the Law Enforcement Services Agreement provides that the County shall provide law enforcement services to the City by assigning County employees to the Department; WHEREAS, County employees assigned to the Department are considered County employees and the direction, supervision, standards of performance, and discipline of such employees shall be at the sole discretion of the County; WHEREAS, the School District is a unified school district located in the County of Stanislaus, State of California and has its administrative offices located at 6715 7th Street, Riverbank, CA, 95367;
WHEREAS, the School District would like to provide increased safety at its public schools by utilizing one Riverbank Police Services Officer as a School Resource Officer (“SRO”);
WHEREAS, the City desires to accommodate the School District’s request for police services and the Department agrees to hire and supervise, in a manner consistent with the terms of the Law Enforcement Services Agreement between the City and County and this Agreement, the SRO who shall be assigned to provide police services to the School District; WHEREAS, the City and the School District share the following goals and objectives with regard to the assignment of the SRO:

1. To foster educational programs and activities that will increase student’s knowledge of and respect for the law and the function of law enforcement agencies; ATTACHMENT 2
{CW116254.1} 2

2. To encourage the SRO to attend extra-curricular activities held at schools, when possible, such as school-sponsored athletic events and dances;

3. To act swiftly and cooperatively when responding to major disruptions and flagrant criminal offenses at school, such as disorderly conduct by trespassers, the possession and use of weapons on campus, the illegal sale and/or distribution of controlled substances, and riots;

4. To report serious crimes or felonies that occur on campus and to cooperate with the law enforcement officials in their investigation of crimes that occur at school;

5. To cooperate with law enforcement officials in their investigations of criminal offenses which occur off campus; and

6. To encourage the SRO to provide traffic control at schools when deemed necessary for the safety and protection of students and the public.

WHEREAS, the School District and the City desire to set forth the specific terms and conditions of the services to be performed and provided by said SRO at the School District in this Agreement for SRO services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND UNDERSTANDINGS HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:

AGREEMENT

1.0 Term of Agreement – The term of this agreement is one year commencing on ___________ and ending on June 30, 2024 (the “Term”). The Agreement shall be renewed and extended for successive one-year terms unless thirty (30) days’ advanced notice termination is given by either party, in writing, pursuant to section 11.1 below. In the event of a notice of termination, the School District shall compensate the City for services rendered up to the date of termination.

2.0 Employment and Assignment of School Resource Officer – The City agrees to retain one (1) SRO during the Term of this Agreement to work at the School District. The SRO shall be an employee of County, subject to the terms of the Law Enforcement Services Agreement, and shall be subject to the administration, supervision, and control of City, except as such administration, supervision, and control is subject to the terms and conditions of this Agreement.

The SRO shall perform the services described in and incorporated hereto as Exhibit B (the “Services”).

2.1 The City agrees to pay the SRO's salary and employment benefits (subject to partial reimbursement by the School District described in paragraph 3.1 below) in accordance with the applicable salary schedules and employment practices of the City and the Law Enforcement Services Agreement, including but not necessarily limited to: sick leave, vacation leave, retirement compensation, disability salary continuation, workers compensation, unemployment compensation, life insurance, medical, dental, and vision insurance. The SRO {CW116254.1} 3
shall be bound by all the policies, rules, and regulations of Riverbank Police Services in force and effect applicable to the SRO’s position or thereafter implemented.

2.2 The City, through its Law Enforcement Services Agreement with the County, shall retain the same rights, duties, and obligations with regards to the SRO, as all other employees from the Department as agreed to in the Law Enforcement Services Agreement. Nothing in the Agreement will affect or expand the City’s rights, duties, and obligations, to those Department employees working under the terms and conditions of the Law Enforcement Agreement. The County, through its Law Enforcement Services Agreement with the City, shall also retain the same rights, duties, and obligations with regard to the SRO. Nothing in the Agreement will affect the employer/employee relationship the County has with those employees working under the terms and conditions of the Law Enforcement Service Agreement.

The City, through its Law Enforcement Services Agreement with the County, in its sole discretion, shall have the power and authority to hire, discharge, and discipline the SRO. The City, through its Law Enforcement Services Agreement with the County, shall retain control over supervision, wages, and other terms and conditions of employment of the SRO in providing the Services under this Agreement. The Parties acknowledge that the SRO is held to the requirements of the law and County policies and procedures. The City, through its Law Enforcement Service Agreement with the County, shall have the responsibility to evaluate, manage, and supervise the SRO. The School District shall immediately notify the City of any concerns regarding the performance of the assigned officer, including, but not limited to, adherence to the scheduled duty hours and quality of Services. The City shall indemnify, defend, and hold harmless the School District from and against any and all claims, suits, or causes of action arising out of allegations of unfair or unlawful employment practices brought by the SRO.

3.0 Consideration and Payment - For and in consideration of the City (through the County) providing the SRO as described herein, the School District hereby agrees to reimburse the City for up to $130,000 of the cost of the SRO’s employment as determined by the City’s Finance Director, subject to the approval by the School Board in a sufficient amount of time to determine appropriate funding for said SRO position each fiscal year. Such reimbursement of costs shall include the salary and benefits of the assigned SRO. If the SRO works overtime hours due to a request or emergency of School District, the School District agrees to reimburse those additional overtime costs to the City. However, there shall be no reimbursement payment charged to the School District for any overtime hours worked by the SRO due to a request or emergency of the City.
{CW116254.1} 4

3.1 Said compensation shall be paid by the School District to the City in twelve monthly installments on or about the first day of each calendar month. The City shall submit an invoice to the School District for cost of services seven (7) days before said invoice is due.

4.0 Duty Hours - The maximum number of hours that the SRO shall be on duty in a work week shall be 40 hours. Any hours worked over this amount are overtime under the Fair Labor Standards Act (“FLSA”) and therefore must be pre-approved by the City. Whenever possible, it is the intent of the Parties that the SRO’s duty hours shall conform to the school day. It is not a material breach of this Agreement if the SRO and/or marked police vehicle is absent from campus.

4.1 During Monday through Friday each week, the SRO shall be on duty at School District’s designated school from 7:30am until 3:30pm unless modified by the mutual agreement between the City and the School District. During that time period, the SRO shall be allowed one hour for a paid, on-duty lunch. This on-duty time totals 35 40 hours each week. Work hours may be adjusted by the School District or City as needed.

4.2 It is understood and agreed that time spent by the SRO away from the School District for reasons arising from and/or out of his/her employment as an SRO shall be considered as hours worked under this Agreement, including his/her duties attending court or juvenile proceedings and/or criminal cases.

4.3 In the event of an emergency, the SRO may be ordered by the City to leave his/her school duty station during normal duty hours as described above to perform other services for the City. The time spent performing duties for the City shall not be considered hours worked for the School District under this Agreement. In such an event, the monthly compensation paid by the School District to the City shall be reduced by the number of hours the SRO provided services to the City.

5.0 Chain of Command - As a peace officer who is contracted by and through the County to perform “police services” for the City, the SRO shall follow the chain of command as set forth within the Law Enforcement Services Agreement.

5.1 In the performance of his or her duties, the SRO shall coordinate and communicate with the Director of Student Services. The SRO shall seek permission, advice, and guidance from The Director of Student Services prior to enacting any activity or program within a school. Also, when requested by the School District, the SRO shall attend parent/staff/administrative meetings to solicit support and understanding of the SRO role. The SRO shall make himself/herself available for conference with students, parents, and faculty members in order to assist the School District with problems of a law enforcement or crime prevention nature. In the event an SRO is absent from work, the SRO shall notify both his supervisor at the City as well as the principal (or designee) of the school to which the SRO is assigned that day.
{CW116254.1} 5

6.0 Supplies and Equipment - The City agrees to provide the SRO with the following equipment:

6.1 Patrol vehicle. The City shall provide, at its own expense, a standard patrol vehicle for the SRO. In addition, the City agrees to:

6.1.1 maintain the vehicles assigned to SRO;

6.1.2 pay for gasoline, oil, replacement tires, and other expenses associated with the operation of the said vehicle; and

6.1.3 purchase and maintain comprehensive general auto liability insurance on the vehicle in an amount not less than the coverage recommended by the Risk Manager for the City.

6.2 Weapons and ammunition. The City agrees to provide the SRO with a standard issued pistol and rounds of ammunition.

6.3 Office Supplies. The School District agrees to provide each SRO with the usual and customary office supplies and forms required in the performance of his or her duties. In addition, the SRO shall be provided a private office in the school where he or she is assigned so that he or she may be accessible to the students. The School District shall also provide the SRO with a computer, printer, and access to a private fax machine, as needed.

7.0 Access to Education Records - School officials shall allow the SRO to inspect and copy any public records maintained by the school including student directory information such as yearbooks. However, law enforcement officials may not inspect and/or copy confidential student education records except in emergency situations, or as necessary to perform his/her duties as set forth in this Agreement.

7.1 The SRO shall be allowed access to necessary student records for which the SRO has a “legitimate educational interest” in order to perform the Services under this Agreement after obtaining the permission of the School District’s Superintendent or designee. If some information in a student’s cumulative record is needed in an emergency to protect the health or safety of the student or other individuals, school officials may disclose to the SRO that information which 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.

7.2 If confidential student record information is needed, but no emergency situation exists, the information may be released only upon the issuance of a search warrant or subpoena to produce the records.

7.3 The School District remains 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.
{CW116254.1} 6

8.0 Insurance - The School District, 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 C. Exhibit C is attached to this Agreement and incorporated herein as though fully set forth.. The School District shall obtain a policy endorsement naming City as an additional insured under any general liability policy or policies.

8.1 City, 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 C. Exhibit C is attached to this Agreement and incorporated herein as though fully set forth. City and its contractors, if any, shall obtain a policy endorsement naming School District as an additional insured under any liability policy or policies.

8.2 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.

8.3 Certificates evidencing such insurance shall be filed with City 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) days notice is required.

8.4 If the insurer cancels or modifies the insurance and provides less than thirty (30) days notice to School District, it shall provide the City Manager written notice of the cancellation or modification within two (2) business days of the School District’s receipt of such notice. School District shall be responsible for ensuring that current certificates evidencing the insurance are provided to City Manager during the entire term of this Agreement.

8.5 The procuring of such required policy or policies of insurance will not be construed to limit the School District’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, the School District 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.

9.0 Indemnification - The School District agrees to indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers (collectively, “City’s Agents”) from and against any and all liabilities, claims, damages, costs, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees, and prevailing party fees and costs) of every nature arising out of or in connection with the assigned {CW116254.1} 7
officer’s performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City (County), or the gross or willful misconduct of the assigned officer. This section shall survive the termination of this Agreement.

9.1 The City agrees to indemnify, defend, and hold harmless the School District and its officers, officials, employees, and volunteers from and against any and all liabilities, claims, damages, costs, expenses, awards, fines, judgements, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees, and prevailing party fees and costs) of every nature arising out of the active any negligence or willful act or omission of the City or the City’s Agents. This section shall survive the termination of this Agreement.

9.2 If the School District rejects a tender of defense by the City 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 School District 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 School District.

9.2 The Parties acknowledge and agree that it is not the intent of the Agreement to create a duty of care by the City or the SRO that they would not otherwise owe in the absence of this Agreement. This Agreement does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter, or a duty to intervene) by the City or the SRO and the absence of the SRO or the SRO’s patrol vehicle is not a material breach of this Agreement.

The Parties further acknowledge and agree that by entering into this Agreement neither the City nor the SRO intends to waive any immunities to which they would be entitled in the absence of the Agreement.

9.3 It is the intention of the Parties 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, and volunteers.

9.4 Each Party shall notify the other Party within ten (10) days of any claims or legal actions with respect to any of the matters described in this indemnification section.

10.0 Termination or Suspension of Agreement or Services - The Parties understand that staffing and/or operational demands may require the City to withdraw the SRO for other duties and agree that the City may do so at its discretion at any time. If the City withdraws pursuant to this section, it will notify the School District as soon as practical and will not seek reimbursement for hours worked by the SRO for the City.

10.1 In addition to the City’s right to withdraw the services of the SRO at any time, either Party may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving thirty (30) days prior written notice thereof to the {CW116254.1} 8
other Party. Upon receipt of such notice, the City will discontinue its performance of the Services after 30 days, or earlier, if mutually agreed to by the parties.

10.2 No payment, partial payment, acceptance, or partial acceptance by the City will operate as a waiver on the part of the City of any of its rights under this Agreement.

11.0 Assignment - This Agreement, and the duties and obligations to be performed under this Agreement, shall not be assigned without the prior written consent of the City or the School District. In the event of an assignment by either Party, the assignee shall agree in writing to personally assume, perform, and be bound by all covenants, obligations, and agreements contained in this Agreement.

12.0 Notices - Any notices, requests, demands, or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally to the Party to whom notice is to be given, or on the fifth (5th) day of mailing if mailed to the Party to whom the notice is to be given, by first-class mail, registered or certified, postage prepaid, or on the date after dispatching by Federal Express or another overnight delivery service, and properly addressed as follows:

DISTRICT: Riverbank Unified School District
6715 7th Street
Riverbank, CA 95367
ATTN: Christine Facella, Superintendent
CITY: City of Riverbank
6617 3rd Street
Riverbank, CA 95367
ATTN: Marisela Garcia, City Manager
With courtesy copies to: White Brenner, LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
ATTN: Douglas L. White

13.0 Entire Agreement - This Agreement contains the entire agreement between the Parties and supersedes all prior understandings between the Parties with respect to the subject matter of this Agreement. There are no promises, terms, conditions, or obligations, oral or written, between the Parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement. This Agreement may not be modified, changed, supplemented or terminated, nor may any obligations under this Agreement be waived, except by written instrument signed by the Parties.

14.0 Costs and Attorney’s Fees - The prevailing Party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may {CW116254.1} 9
recover its reasonable costs (including claims administration) and attorney’s fees expended in connection with such action.

15.0 Modification - No alteration, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.

16.0 Waiver - The waiver by any Party to this Agreement of a breach of any provision hereof, shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

17.0 Binding on Successors and Assigns - This Agreement shall insure to the benefit of and be binding upon the Parties and their successors.

18.0 Severability - Should any term or provision of this Agreement be determined to be illegal or in conflict with any law of the State of California, the validity of the remaining portions or provisions shall not be affected thereby. Each term or provision of this Agreement shall be valid and enforced as written to the fullest extent permitted by law.

19.0 California Law -The Agreement shall be construed in accordance with and governed by the laws and decisions of the State of California. Venue for all legal proceedings shall be in the Superior Court of California, County of Stanislaus.

20.0 Counterparts - This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an original, and all of which shall be deemed a single agreement.

21.0 Headings Not Controlling - Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

22.0 Effective Date of this Agreement - This Agreement shall become effective once executed by both the City and School District (“Effective Date”). (Signatures on following page)
{CW116254.1} 10
{CW116254.1} 11
IN WITNESS WHEREOF, the parties hereto have caused this SRO Agreement to be executed the day and year first written above.

City of Riverbank, a municipal corporation of the State of California By:________________________________
Marisela H. Garcia, City Manager
Date signed: __________________________
Approved as to Form and Content:

By:

Douglas L. White, Deputy City Attorney
Riverbank Unified School District, a unified school district By:________________________________
Christine Facella, Superintendent
Date Signed: ___________________________
Riverbank Police Services
IN WITNESS WHEREOF, the County of Stanislaus hereby acknowledges this SRO Agreement between the City of Riverbank and the Riverbank Unified School District.

County of Stanislaus
By:________________________________
Jeff Dirkse, Sheriff-Coroner
Date Signed: ___________________________
APPROVED AS TO FORM:

Thomas E. Boze, County Counsel
By:______________________________________
Robert J. Taro
Assistant County Counsel
Date Signed:
{CW116254.1} 12

EXHIBIT A

LAW ENFORCEMENT SERVICES AGREEMENT
{CW116254.1} 13

EXHIBIT B

SCOPE OF SERVICES
The School Resource Officer shall work:
 To protect lives and property for the citizens and public school students of the City;  To enforce federal, state, and local criminal laws and ordinances, and to assist school officials with the enforcement of Board of Education Policies and Administrative Regulations regarding student conduct;
 To investigate criminal activity committed on or adjacent to school property;  To counsel public school students in special situations, such as students suspected of engaging in criminal misconduct, when requested by the principal or the principal's designee, or by the parents of a student;
 To answer questions and conduct classroom presentations for students in the law related education field;
 To assist other law enforcement officers with outside investigations concerning students attending the school(s) to which the SRO is assigned;
 To provide security for special school events or after-hours functions, such as PTA meetings, football games, and school dances, at the request of the principal or his or her designee;
 To provide traffic control during the arrival and departure of students on an as needed basis (need may be based upon law enforcement’s determination of actual need);  To assist the School District in making the grounds and adjacent grounds safe from criminal activity;
 To assist the School District in resolving truancy issues;  To assist the School District in complying with legal reporting requirements, including completing the Monthly Report on the Detention of Minors form for the California Board of State and Community Corrections and completing the Annual Survey of Law Enforcement Facilities;
 To develop expertise in presenting various subjects to the students, staff, parents, and community. Such subjects shall include, but not be limited to: a basic understanding of the law; the role of the police officer and laws related to tobacco, alcohol, and drug issues; evidence diffusion; violence prevention; and group safety issues related to the community;
 To encourage individual and small group discussions with students, based upon material presented in class, to further establish rapport with students;  To assist the School District in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest; {CW116254.1} 14
 To take law enforcement action as required. (As soon as practical, the SRO shall make the principal or his or her designee aware of such action.); and  To maintain detailed and accurate records related to the SRO program. These records may include the number of classroom visits, home visits, parent contacts, formal student meetings, and school related investigations.
 The SRO shall not act as a school disciplinarian, as disciplining students is a School District responsibility. However, if the principal at the school to which the SRO is assigned believes an incident is a violation of the law, the principal may contact the SRO, and the SRO shall then determine whether law enforcement action is appropriate. {CW116254.1} 15

EXHIBIT C

INSURANCE REQUIREMENTS
RIVERBANK UNIFIED SCHOOL DISTRICT (District), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF

THE CONTRACT OBTAIN AND M A I N T A I N INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR

HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS

SPECIFIED, BELOW

TYPE OF COVERAGE MINIMUM TYPE MINIMUM LIMITS
EACH

OCCURRENCE

AGGREGATE
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY
$1,000,000

COMMERCIAL GENERAL

LIABILITY, INCLUDING

PERSONAL INJURY, BROAD

FORM PROPERTY DAMAGE, AND

SEXUAL ABUSE/ASSAULT AND

MOLESTATION
Coverage must be at least as
broad as ISO CG 00 01 and
must include property
damage, bodily injury and
personal injury coverage.
$5,000,000 $10,000,000

AUTOMOBILE LIABILITY,

INCLUDING ALL OWNED, HIRED,

NON-OWNED
District shall provide auto
liability coverage for owned,
non--‐owned, and hired autos
using ISO Business Auto
Coverage form CA 00 01, or
the exact equivalent, with a
limit of no less than
$5,000,000 per accident.
$5,000,000 $10,000,000

PROFESSIONAL LIABILITY,

INCLUDING, ERRORS AND

OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND

NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000

EMPLOYMENT PRACTICES

LIABILTY, INCLUDING COVERAGE

FOR THIRD-PARTY CLAIMS
Include coverage for any claim
brought against the City by or on
behalf of any third party claiming
actual or alleged discrimination,
sexual harassment or violation of
third party’s civil rights.

$1,000,000

DISTRICT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT

THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN

DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING

AS ADDITIONAL INSUREDS CITY (COUNTY), ITS COUNCIL MEMBERS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS.
{CW116254.1} 16
I. INSURANCE COVERAGE MUST INCLUDE:

A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE (TEN DAYS

NOTICE FOR CANCELLATION DUE TO NON-PAYMENT OF PREMIUM) TO CITY OR COUNTY CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY OR COUNTY C. DEDUCTIBLE AND/OR SELF-INSURANCE RETENTION AMOUNTS IN EXCESS OF $250,000 REQUIRE CITY’S (COUNTY) PRIOR APPROVAL.

II. DISTRICT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.

III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE: WITH RESPECT TO CLAIMS ARISING OUT OF THE

OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS

POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH

ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

B. CROSS LIABILITY: THE NAMING OF MORE THAN ONE PERSON, FIRM, OR

CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT

REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST

ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE

INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
{CW116254.1} 1

AGREEMENT BETWEEN THE CITY OF RIVERBANK AND THE RIVERBANK

1. To foster educational programs and activities that will increase student’s knowledge of and respect for the law and the function of law enforcement agencies; ATTACHMENT 3
{CW116254.1} 2

2. To encourage the SRO to attend extra-curricular activities held at schools, when possible, such as school-sponsored athletic events and dances;

4. To report serious crimes or felonies that occur on campus and to cooperate with the law enforcement officials in their investigation of crimes that occur at school;

5. To cooperate with law enforcement officials in their investigations of criminal offenses which occur off campus; and

6. To encourage the SRO to provide traffic control at schools when deemed necessary for the safety and protection of students and the public.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND UNDERSTANDINGS HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:

AGREEMENT

The SRO shall perform the services described in and incorporated hereto as Exhibit B (the “Services”).

6.0 Supplies and Equipment - The City agrees to provide the SRO with the following equipment:

6.1 Patrol vehicle. The City shall provide, at its own expense, a standard patrol vehicle for the SRO. In addition, the City agrees to:

6.1.1 maintain the vehicles assigned to SRO;

6.1.2 pay for gasoline, oil, replacement tires, and other expenses associated with the operation of the said vehicle; and
{CW116254.1} 5

6.1.3 purchase and maintain comprehensive general auto liability insurance on the vehicle in an amount not less than the coverage recommended by the Risk Manager for the City.

6.2 Weapons and ammunition. The City agrees to provide the SRO with a standard issued pistol and rounds of ammunition.

7.3 The School District remains 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.

8.1 City, 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 C. Exhibit C is attached to this Agreement and incorporated herein as though fully set forth. City and its {CW116254.1} 6
contractors, if any, shall obtain a policy endorsement naming School District as an additional insured under any liability policy or policies.

9.0 Indemnification - The School District agrees to indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers (collectively, “City’s Agents”) from and against any and all liabilities, claims, damages, costs, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees, and prevailing party fees and costs) of every nature arising out of or in connection with the assigned officer’s performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City (County), or the gross or willful misconduct of the assigned officer. This section shall survive the termination of this Agreement.

9.1 The City agrees to indemnify, defend, and hold harmless the School District and its officers, officials, employees, and volunteers from and against any and all liabilities, claims, damages, costs, expenses, awards, fines, judgements, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees, and prevailing party fees and costs) {CW116254.1} 7
of every nature arising out of the active any negligence or willful act or omission of the City or the City’s Agents. This section shall survive the termination of this Agreement.

9.4 Each Party shall notify the other Party within ten (10) days of any claims or legal actions with respect to any of the matters described in this indemnification section.

10.1 In addition to the City’s right to withdraw the services of the SRO at any time, either Party may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving thirty (30) days prior written notice thereof to the other Party. Upon receipt of such notice, the City will discontinue its performance of the Services after 30 days, or earlier, if mutually agreed to by the parties.

10.2 No payment, partial payment, acceptance, or partial acceptance by the City will operate as a waiver on the part of the City of any of its rights under this Agreement.

11.0 Assignment - This Agreement, and the duties and obligations to be performed under this Agreement, shall not be assigned without the prior written consent of the City or the School District. In the event of an assignment by either Party, the assignee shall agree in writing to {CW116254.1} 8
personally assume, perform, and be bound by all covenants, obligations, and agreements contained in this Agreement.

14.0 Costs and Attorney’s Fees - The prevailing Party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney’s fees expended in connection with such action.

15.0 Modification - No alteration, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.

17.0 Binding on Successors and Assigns - This Agreement shall insure to the benefit of and be binding upon the Parties and their successors.

20.0 Counterparts - This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an original, and all of which shall be deemed a single agreement.

21.0 Headings Not Controlling - Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

22.0 Effective Date of this Agreement - This Agreement shall become effective once executed by both the City and School District (“Effective Date”). (Signatures on following page)

{CW116254.1} 10
IN WITNESS WHEREOF, the parties hereto have caused this SRO Agreement to be executed the day and year first written above.

By:

County of Stanislaus
By:________________________________
Jeff Dirkse, Sheriff-Coroner
Date Signed: ___________________________
APPROVED AS TO FORM:

Thomas E. Boze, County Counsel
By:______________________________________
Robert J. Taro
Assistant County Counsel
Date Signed:
{CW116254.1} 11

EXHIBIT A

LAW ENFORCEMENT SERVICES AGREEMENT

{CW116254.1} 12

EXHIBIT B

SCOPE OF SERVICES
The School Resource Officer shall work:
 To protect lives and property for the citizens and public school students of the City;  To enforce federal, state, and local criminal laws and ordinances, and to assist school officials with the enforcement of Board of Education Policies and Administrative Regulations regarding student conduct;
 To investigate criminal activity committed on or adjacent to school property;  To counsel public school students in special situations, such as students suspected of engaging in criminal misconduct, when requested by the principal or the principal's designee, or by the parents of a student;
 To answer questions and conduct classroom presentations for students in the law related education field;
 To assist other law enforcement officers with outside investigations concerning students attending the school(s) to which the SRO is assigned;
 To provide security for special school events or after-hours functions, such as PTA meetings, football games, and school dances, at the request of the principal or his or her designee;
 To provide traffic control during the arrival and departure of students on an as needed basis (need may be based upon law enforcement’s determination of actual need);  To assist the School District in making the grounds and adjacent grounds safe from criminal activity;
 To assist the School District in resolving truancy issues;  To assist the School District in complying with legal reporting requirements, including completing the Monthly Report on the Detention of Minors form for the California Board of State and Community Corrections and completing the Annual Survey of Law Enforcement Facilities;
 To develop expertise in presenting various subjects to the students, staff, parents, and community. Such subjects shall include, but not be limited to: a basic understanding of the law; the role of the police officer and laws related to tobacco, alcohol, and drug issues; evidence diffusion; violence prevention; and group safety issues related to the community;
 To encourage individual and small group discussions with students, based upon material presented in class, to further establish rapport with students;  To assist the School District in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest; {CW116254.1} 13
 To take law enforcement action as required. (As soon as practical, the SRO shall make the principal or his or her designee aware of such action.); and  To maintain detailed and accurate records related to the SRO program. These records may include the number of classroom visits, home visits, parent contacts, formal student meetings, and school related investigations.
 The SRO shall not act as a school disciplinarian, as disciplining students is a School District responsibility. However, if the principal at the school to which the SRO is assigned believes an incident is a violation of the law, the principal may contact the SRO, and the SRO shall then determine whether law enforcement action is appropriate.

{CW116254.1} 14

EXHIBIT C

INSURANCE REQUIREMENTS
RIVERBANK UNIFIED SCHOOL DISTRICT (District), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF

THE CONTRACT OBTAIN AND M A I N T A I N INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR

HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS

SPECIFIED, BELOW

TYPE OF COVERAGE MINIMUM TYPE MINIMUM LIMITS
EACH

OCCURRENCE

AGGREGATE
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY
$1,000,000

COMMERCIAL GENERAL

LIABILITY, INCLUDING

PERSONAL INJURY, BROAD

FORM PROPERTY DAMAGE, AND

SEXUAL ABUSE/ASSAULT AND

MOLESTATION
Coverage must be at least as
broad as ISO CG 00 01 and
must include property
damage, bodily injury and
personal injury coverage.
$5,000,000 $10,000,000

AUTOMOBILE LIABILITY,

INCLUDING ALL OWNED, HIRED,

PROFESSIONAL LIABILITY,

INCLUDING, ERRORS AND

OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND

NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000

EMPLOYMENT PRACTICES

LIABILTY, INCLUDING COVERAGE

$1,000,000

DISTRICT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT

THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN

DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING

AS ADDITIONAL INSUREDS CITY (COUNTY), ITS COUNCIL MEMBERS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS.
{CW116254.1} 15
I. INSURANCE COVERAGE MUST INCLUDE: