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HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (6) -2009INSURANCE NO7 REQUiREp N-2009-017 WORK MAY °~OCEED DATE CLERK 0~ Cu~JNCI! MEMORANDUM OF UNDERSTANDING 3 i 2 `~9' ~~ BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING SCHOOL DISTRICT PUBLIC SAFETY MANAGER SERVICES 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Santa Ana Unified School District (hereinafter referred to as the "District") and the City of Santa Ana ~' ~ (hereinafter referred to as the "City"). o N ~ 2. PURPOSE: The District currently operates a school police program to provide security U ~ and safety services for the District's campuses, students, personnel, and visitors. The District seeks a Public Safety Manager to oversee the District's school police program and desires to enter in this MOU for a City Police Lieutenant to act as the District's Public Safety Manager. 3. DURATION: This MOU will cover the period commencing on February 24, 2009, and shall be for a term of 12 months, unless terminated earlier. This MOU shall be renewable on an annual basis thereafter, upon the written agreement of the City Manager and District. The District must provide written notice of intent to extend this MOU for an additional year at least thirty (30) days prior to the c~clusion of the current term. _.- ,_ 4. TERMINATION: At any time either party may terminate the MOU, without cause, by giving thirty days (30) written notice to the other party. In the event of termination, the City shall be paid its compensation due as of the effective date of the termination. 5. COMPENSATION: The District shall pay to the City, as compensation for all services rendered pursuant to this MOU, an amount equal to the District's pay schedule for the salary and benefits of the District Chief of Police. 6. PAYMENT: Every three months after the date of commencement of this MOU, the City shall submit to the District an invoice for one quarter of the compensation listed above. The District shall make payment to the City within 30 days of the date of the City's statement. 7. DESIGNATION OF THE PUBLIC SAFETY MANAGER: The City Ghief of Police will designate a pool of candidates from which the Santa Ana Unified School Board will select the Police Lieutenant to act as the District Public Safety Manager. The City shall have the right to replace the Lieutenant with another District selected Lieutenant due to staffing and the assignment needs of the City. 8. INDEPENDENT CONTRACTOR: The District retains the City on an independent contractor basis and neither the City nor the Police Lieutenant shall be deemed employees of the District for any purpose. The Police Lieutenant shall at all times be under the City's employment authority and the City shall pay all wages, benefits and other amounts due such personnel in connection with their performance of the services, including, but not limited to, Social Security taxes, income tax, unemployment insurance and workers' compensation insurance. The Police Lieutenant shall receive holiday, vacation, and other leave benefits consistent with the terms of employment between the Police Lieutenant and the City and in compliance with the Police Management Association Memorandum of Understanding. f 9. WORK SCHEDULE: The Police Lieutenant will work a 9-80 work schedule in compliance with the Police Management Association Memorandum of Understanding. Vacation periods or other allowed absences shall be as governed by the Police Management Association Memorandum of Understanding. If an absence is for an extended period of time, the City will provide an interim District Public Safety Manager. 10. RESPONSIBILITIES: The City, by and through the Chief of Police, will assign a Police Lieutenant to perform the services of a District Public Safety Manager. The City represents that the designated Police Lieutenant shall have the necessary training and skills to perform the services pursuant to this MOU. District shall grant to Police Lieutenant the necessary authority to assign, discipline District safety personnel, and to complete the services outlined herein. The Police Lieutenant will follow all policies, procedures and guidelines specifically enacted by the District. Should any of the aforementioned policies or procedures conflict with the City's rules and regulations, the Police Lieutenant will immediately bring said conflict to the attention of the District and the City's Chief of Police, who will take the necessary action to allay the conflict. The Police Lieutenant will be expected to conform to the City's policies and procedures, and to the extent not conflicting therewith, policies and procedures set forth by the District, such as performance expectations, punctuality and chain of command. 11. HOLD HARMLESS CLAUSE: District agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and .representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable. relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the District or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 10 of this MOU; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this MOU, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this 1VIOU. The District further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this MOU, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this MOU. .City may make ail reasonable decisions with respect to its representation in any legal proceeding. 12. CITIZEN COMPLAINTS: Any complaint from an individual alleging misconduct by the Police Lieutenant will be directed to the District. The District will notify the City's Chief of Police which will conduct an investigation of the incident. Investigations of citizen complaints or internal investigations shall be handled by the City. Disciplinary actions will be approved solely by the City. 13. MODIFICATION: Modifications of this MOU and further terms required herein may only be made by written agreement signed by the parties hereto. 14. AUTHORITY AND SIGNATURES: The individuals signing this MOU have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 2 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding, in the County of Orange, State of California. SANTA ANA UNIFIED OOL ISTRICT CITY OF SANTA ANA BY: ATTEST: / / Y: OFT CITY MANAGE ~~~ys CLERK OF'~II'~IE SAI~f'TA AN~JNIFIED SCHOOL DISTRICT BOARD OF EDUCATION APPROVED AS TO FORM BY: ATTORNEY FOR SAUSD Board Approval Date: February 24, 2009 ATTEST: CITY CLERK APPROVED AS TO FORM: BY: Co(~,w~ c~ CITY ATTORNEY 3