Item 39 - Agreement with the Orange County School of the Arts

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6.2 SAPD will have authority for assignment, hours worked, supervision, wages and other terms and conditions of employment for the SRO assigned to OCSA. No part of this Agreement shall be deemed a restriction on the power of SAPD to keep the peace and utilize police officers, or any other designated employees, or equipment at such times and places and in such manner as SAPD, in the exercise of its judgment and discretion, may deem necessary for the carrying out of the duties of its office. While the SRO is working on OCSA property, he/she must report to and collaborate with the principal or their designee. SRO's are employees of the City and are not employees of OCSA. 7. CONFIDENTIALITY 7.1 Neither party, shall, without written consent of the other, communicate confidential information, designated in writing or identified in this Agreement as such, to any third party and shall protect such information from inadvertent disclosure to any third party in the same manner that they protect their own confidential information, unless such disclosure is required in response to a validly issued subpoena or other process of law. Upon completion of this Agreement, the provisions of this paragraph shall continue to survive. 7.2 If pursuant to this Agreement with OCSA, City shares with OCSA personal information as defined in California Civil Code section 1798.81.5(d)(1) about a California resident ("Personal Information"), OCSA shall maintain reasonable and appropriate security procedures to protect that Personal Information and shall inforn City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. OCSA shall not use Personal Information for direct marketing purposes without CITY's express consent. Similarly, City shall maintain reasonable and appropriate security procedures to protect personal information pertaining to OCSA students, including but not limited to compliance with the Family Education Rights and Privacy Act (FERPA). 8. PERSONNEL AND OTHER CONFIDENTIAL RECORDS OCSA acknowledges police officers are subject to the California Public Safety Officers' Bill of Rights, (Government Code sections 3300, et seq., "POBR"). OCSA shall not take any personnel/disciplinary action that may lead to punitive action against the SRO, but shall address any concerns to the City for handling consistent with POBR. 9. INDEPENDENT CONTRACTOR It is understood and agreed that in performing the Services under this Agreement, City, and any person employed by or contracted with City to firrnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of OCSA. 8