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8. INDEPENDENT CONTRACTOR: The District retains the City on an
<br />independent contractor basis and neither the City nor the Police Lieutenant shall be
<br />deemed employees of the District for any purpose. The Police Lieutenant shall at all
<br />times be under the City's employment authority and the City shall pay all wages, benefits
<br />and other amounts due such personnel in connection with their performance of the
<br />services, including, but not limited to, Social Security taxes, income tax, unemployment
<br />insurance and workers' compensation insurance. The Police Lieutenant shall receive
<br />holiday, vacation, and other leave benefits consistent with the terms of employment
<br />between the Police Lieutenant and the City and in compliance with the Police
<br />Management Association Memorandum of Understanding.
<br />9. WORK SCHEDULE: The Police Lieutenant will work a 9 -80 work schedule in
<br />compliance with the Police Management Association Memorandum of Understanding.
<br />Vacation periods or other allowed absences shall be as governed by the Police
<br />Management Association Memorandum of Understanding. If an absence is for an
<br />extended period of time, the City will provide an interim SAUSD Chief of School Police
<br />Services.
<br />10. RESPONSIBILITIES: The City, by and through the Chief of Police, will assign
<br />a Police Lieutenant to perform the services of a SAUSD Chief of School Police Services.
<br />The City represents that the designated Police Lieutenant shall have the necessary
<br />training and skills to perform the services pursuant to this MOU. District shall grant to
<br />Police Lieutenant the necessary authority to assign, discipline District safety personnel,
<br />and to complete the services outlined herein. The Police Lieutenant will follow all
<br />policies, procedures and guidelines specifically enacted by the District. Should any of
<br />the aforementioned policies or procedures conflict with the City's rules and regulations,
<br />the Police Lieutenant will immediately bring said conflict to the attention of the District
<br />and the City's Chief of Police, who will take the necessary action to allay the conflict.
<br />The Police Lieutenant will be expected to conform to the City's policies and procedures,
<br />and to the extent not conflicting therewith, policies and procedures set forth by the
<br />District, such as performance expectations, punctuality and chain of command.
<br />11. HOLD HARMLESS CLAUSE: District agrees to and shall indemnify and hold
<br />harmless the City, its officers, agents, employees, consultants, special counsel, and
<br />representatives from liability: (1) for personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief arising out of claims for personal injury, including
<br />death, and claims for property damage, which may arise from the direct or indirect
<br />operations of the District or its contractors, subcontractors, agents, employees, or other
<br />persons acting on their behalf which relates to the services described in section 10 of this
<br />MOU; and (2) from any claim that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising
<br />from this MOU. This indemnity and hold harmless agreement applies to all claims for
<br />damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
<br />have been suffered, by reason of the events referred to in this Section or by reason of the
<br />terms of, or effects, arising from this MOU. The District further agrees to indemnify,
<br />hold harmless, and pay all costs for the defense of the City, including fees and costs for
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