HomeMy WebLinkAbout25C - AGMT OFFICER SERVICES AT OCSAREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 20, 2018
TITLE:
APPROVE AN AGREEMENT WITH
THE ORANGE COUNTY SCHOOL OF
THE ARTS FOR SCHOOL
RESOURCE OFFICER SERVICES
(STRATEGIC PLAN NO. 1, 1C, 1D)
t� r
CIly MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2otl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with'
the Orange County School of the Arts (OCSA), which provides for the Santa Ana Police
Department to staff one full time School Resource Officer to the academic institution, for a term
not to exceed three -years beginning April 1, 2018 through March 31, 2021, for a total amount
not to exceed $860,863.49, which includes an annual $50,000 contingency as part of the total
amount, subject to non -substantive changes and approval by the City Manager and City
Attorney.
DISCUSSION
Orange County School of the Arts (OCSA), a public charter school located in the heart of Santa
Ana, provides a six-year comprehensive academic and conservatory arts program to over 2,180
7th through 12th grade students from over 100 cities throughout Southern California. As this is a
charter school, the Santa Ana Unified School District Police do not provide a School Resource
Officer (SRO) on this campus.
OCSA wishes to augment its current security levels and enhance the safety of its students and
faculty by entering into an agreement that will allow the Santa Ana Police Department to provide
an SRO on the campus. This full time SRO will be responsible for providing security and crime
prevention services in and around OCSA. The SRO will work directly with school administrators,
teachers and students to cooperatively provide law enforcement resources coupled with the
mentoring of students and the provision of law enforcement related presentations on youth
issues. The proposed agreement provides for full cost recovery of the SRO as well as all
equipment and necessary training.
The annual not -to -exceed agreement amount of $286,954.50 covers all salary, benefits, fleet
costs, uniforms, equipment, vehicle computer equipment, vehicle computer equipment data
costs, and a $50,000 contingency for overtime and unanticipated expenses. The three-year
agreement amount is $860,863.50.
25C-1
Agreement with Orange County School of the Arts
March 20, 2018
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #1
(Modernize the Community Policing Philosophy to Improve Customer Service , Crime Prevention
and Traffic/Pedestrian/Bicycle Safety), Strategy C (Deliver Crime Prevention / Community Policing
Programs Based on the Community Policing Plan) and Strategy D (Establish and Implement a Plan
to Partner with Community Service Organizations and Other Community Groups to Conduct
Awareness, Intervention, and Prevention of Child Abuse, Domestic Violence and Driving Under the
Influence of Alcohol and/or Drugs).
FISCAL IMPACT
Funds for this agreement are available in the Police Department Field Operations accounting unit
(no. 01114420 — various). Revenues received from this agreement will be deposited in the
Police Miscellaneous Reimbursement account (no. 01114002-57402).
avid Valentin
Chief of Police
Santa Ana Police Department
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gutierrez, LJ
Executive Director
Finance and Management Services Agency
Exhibit: Agreement with Orange County School of the Arts
25C-2
SCHOOL RESOURCE OFFICER SERVICES AGREEMENT
BETWEEN THE ORANGE COUNTY SCHOOL OF ARTS CHARTER SCHOOL
AND THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 20th day of March, 2018, by and
between the Orange County School of the Arts (hereinafter "OSCA"), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California (hereinafter "City").
THIS AGREEMENT shall govern all provisions for services which are to be delivered by
the City to OCSA. This Agreement is based upon the following recitals and subject to the
Terms and Conditions mutually agreed upon by the Parties, and each of them.
RECITALS:
The following recitals are a substantive portion of this Agreement.
WHEREAS, OSCA desires to contract with the City to assign a Santa Ana Police
officer to act in the role of a School Resource Officer to provide safety for students and
staff on campus.
WHEREAS, the City agrees to provide one full-time ("FTE") School Resource
Officer (SRO) to OCSA.
WHEREAS, City and the Santa Ana Police Department ("SAPD") represent that
the assigned SRO has the necessary professional, expertise, qualifications, and capability
to perform all of the duties and responsibilities assigned to an SRO.
OCSA, in reliance on this representation desires to engage City to provide the Services as
more fully described in Exhibit "A", attached to and made part of this Agreement.
NOW THEREFORE, in consideration of the recitals, covenants, terms and conditions
hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES AND DUTIES
City and OCSA shall perform the Duties and Services described in Exhibit "A" in
accordance with the terms and conditions contained in this Agreement. The performance
of all Duties and Services shall be to the reasonable satisfaction of both parties. Work
authorized by the City is limited to those specific duties and services set forth in Exhibit
"A", and the City agrees to undertake no other duties and/or services for OCSA, under the
auspices of this Agreement, whether directly, or indirectly, without prior written consent
of City. OCSA agrees that it shall not have the authority to direct the officer's law
enforcement activity and by way of this Agreement, the SRO is not relieved of his/her
official duties as a police officer.
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2. COMPENSATION
2.1 This agreement is intended to reimburse the City for 100% of the cost of
providing the School Resource Officer. The Personnel costs provided in the Table
below are the maximum Personnel costs that will be invoiced Year 1. The
compensation to be paid to City for performance of Services described in Exhibit
"A", including both payment for professional services and reimbursable expenses
shall not exceed the cost of one FTE officer. Such amount shall not exceed
$286,954.50 per year, or $860,863.49 over the three-year term. An annual
$50,000 contingency has been added for overtime and other expenses
approved by both the City and OCSA. The City and OCSA will meet to develop
an overtime strategy so that both the City and OCSA are in prior agreement
regarding the circumstances under which the SRO will be scheduled to work
overtime. City agrees to limit charges for service to amounts not to exceed the
quotations provided by City to OCSA as set forth in this paragraph. All
arrangements for specific work to be performed pursuant to this Agreement and
arrangements for payment for such services shall be made solely between City
and OCSA. Should City incur additional or unanticipated expenses, City shall
provide notice to OCSA of such expenses and OCSA shall be obligated to pay
for, or reimburse, said expenses.
2.2 Personnel costs may be lower and will be based on actual Personnel expenses for
the officer assigned. Personnel costs include all salary, premiums, and cashouts
provided to the employee through the POA MOU. In addition, Personnel costs
include Workers Comp, Medicare, Retirement, Health, and Retiree Health
benefits. Overtime will be invoiced at the actual overtime rate of the officer. The
City and OCSA agree that the maximum Personnel costs can increase up to 5%
for Year 2 and Year 3, only if the Personnel costs of the selected SRO exceed
Year 1 Personnel costs as a result of salary and benefit increases. Fleet expenses
include the monthly maintenance, depreciation, accidental repair and replacement
charges, and fuel for a dedicated SRO vehicle. Uniform and Equipment includes
all uniforms and equipment assigned to the SRO with charges spread over a seven
year period. OCSA will pay one seventh of this total amount each year. Vehicle
MDT Equipment charges include all MDT equipment installed in the SRO
vehicle with charges spread over a seven year period. OCSA will pay one
seventh of this total amount each year. Vehicle MDT Data charges include
annual in -computer data charges ($38 per month) and GPS data charges ($10 per
month).
2.3 Should City and OCSA agree to enter into a contract exceeding the scope of or
differing from the services listed in Exhibit "A" attached hereto, such a contract -
and any compensation due shall be the subject of a further and separate writing
executed between OCSA and City. OCSA agrees and understands that the rate
schedule as set in the table above, is subject to change on an annual basis to reflect
actual costs and may only be changed subject to the written approval of the City
Manager and OCSA's Board of Directors or designee.
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Personnel
Fleet
Uniforms and Equipment
Vehicle MDT Equipment
Vehicle MDT Data
TABLE
Annual
205,661.29
28,360.38
1,371.83
985.00
576.00
Monthly Quarterly
17,138.44 51,415.32
2,363.37
7,090.10
114.32
342.96
82.08
246.25
48.00
144.00
Contingency (Overtime/Other) 50,000.00 TBD TBD
286,954.50 19,746.21 59,23 8.62
Three -Year Agreement Total 860,863.49
INVOICES
In order to request payment, City shall submit quarterly invoices to OCSA
describing the services performed and the applicable charges (including the identification
of personnel who performed the services, the rates and reimbursable expenses). The
information on the City's payment requests shall be subject to verification by OCSA. City
shall send all invoices to the OCSA address specified in Section 15 below. OCSA shall
process and pay all invoices submitted within thirty (30) days of receipt.
3. TERM
This Agreement shall commence on April 1, 2018 and terminate on March 31,
2021, with the option to extend for up to one (1) year until March 31, 2022, unless
terminated earlier in accordance with Section 13, below.
4. SUBSTITUTE OFFICER
In the event that the SRO is absent for any reason, the City shall provide a substitute
SRO for the period of the absence and OCSA will pay any and all actual expenses
associated with such substitution. The City and OCSA shall meet to develop guidelines
for what hours OCSA wants covered in the event the SRO is on a short-term absence (e.g.
sick, vacation, holiday, etc.) in order to minimize overtime expenses.
5. QUALIFICATIONS/STANDARD OF CARE AND CONTROL
5.1 All of the Services shall be performed by City or under the City's supervision. City
represents that it possesses the professional and technical personnel necessary to
perform the Services required by this Agreement and that the personnel assigned
has the sufficient skill and experience to perform the Services assigned to him/her.
5.2 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
25C-5
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 or she must report to
and collaborate with the principal or designee. SRO's are employees of the City
and are not employees of OCSA.
6. CONFIDENTIALITY
6.1 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.
6.2 If pursuant to this Agreement with OCSA, City shares with OCSA personal
information as defined in California Civil Code section 1798.81.5(d) about a
California resident ("Personal Information"), OCSA shall maintain reasonable and
appropriate security procedures to protect that Personal Information and shall
inform 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).
PERSONNEL AND OTHER CONFIDENTIAL RECORDS
OCSA acknowledges that 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 action that may lead to punitive action against the SRO, but shall address its
concerns to the City for handling consistent with POBR.
8. 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 furnish labor and/or materials
under this Agreement, shall act as and be an independent contractor and not an agent or
employee of OCSA.
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25C-6
9. SUBCONTRACTING
CITY shall not subcontract any portion of the work to be performed under this
Agreement without prior written authorization of the City Manager or designee and OCSA.
10. ASSIGNMENT
The parties agree that the expertise and experience of City are material
considerations for this Agreement, City shall not assign or transfer any interest in this
Agreement nor the performance of any of City's obligations hereunder without the prior
written consent of the City Manager and OCSA. Consent to one assignment will not be
deemed consent to any subsequent assignment. Any assignment made without the approval
of the City Manager and OCSA will be void. Nothing in this Agreement shall be construed
to limit the City's ability to have any of the services which are the subject to this Agreement
performed by City personnel.
11. INSURANCE
11.1 OCSA, 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 `B".
OCSA, and its contractors, if any, shall obtain a policy endorsement naming City
as an additional insured under any general liability policy or policies.
11.2 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 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.
11.3 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
the City 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 Contract Manager thirty (30) days'
prior written notice of the cancellation or modification. If the insurer cancels or
modifies the insurance and provides less than thirty (30) days' notice to OCSA,
OCSA shall provide the Contract Manager written notice of the cancellation or
modification within two (2) business days of the OCSA's receipt of such notice.
OCSA shall be responsible for ensuring that current certificates evidencing the
insurance are provided to City's Contract Manager during the entire term of this
Agreement.
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25C-7
11.4 The procuring of such required policy or policies of insurance will not be construed
to limit OCSA's liability hereunder nor to fulfill the indemnification provisions of
this Agreement. Notwithstanding the policy or policies of insurance, OCSA 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.
11.5 The 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 `B". The City and its contractors, if any, shall obtain a policy endorsement
naming OCSA as an additional insured under any general liability policy or
policies. The City may self -insure to meet the requirement specified in Section 13.
11.6 Certificates evidencing such insurance shall be filed with OCSA concurrently with
the execution of this Agreement. The certificates will be subject to the approval of
OCSA's Risk Manager 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 Purchasing Manager thirty (30)
days' prior written notice of the cancellation or modification. If the insurer cancels
or modifies the insurance and provides less than thirty (30) days' notice to City,
City shall provide the Purchasing Manager written notice of the cancellation or
modification within two (2) business days ofthe City's receipt of such notice. City
shall be responsible for ensuring that current certificates evidencing the insurance
are provided to OCSA's Purchasing Manager during the entire term of this
Agreement.
12. MUTUAL INDEMNITY
City shall defend, indemnify and hold harmless OCSA, its agents, officers and
employees, for any liability for injury to or death of any person or damage to or loss of any
property caused by a negligent or wrongful act or omission occurring in the performance
of this Agreement by City, its SRO, officers, agents or employees and OCSA shall defend,
indemnify and hold harmless City, its agents, officers and employees for any liability for
injury or death of any person or damage to or loss of any property caused by a negligent or
wrongful act or omission occurring in the performance of this Agreement by OCSA, its
officers, agents, or employees.
13. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES
13.1 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, CITY will
immediately discontinue its performance of the Services.
0
25C-8
13.2 Upon such suspension or termination by either party, City will be paid for the
services rendered to OCSA in accordance with the scope of services on or before
the effective date (i.e., 30 days after giving notice) of suspension or termination.
The following Sections will survive any expiration or termination of this
Agreement: 13, 14, 15, 16, and 17.
13.3 No payment, partial payment, acceptance, or partial acceptance by City will operate
as a waiver on the part of City of any of its rights under this Agreement.
13.4 In the event of a Termination or Suspension of the Agreement or Services, the City
shall be entitled to receive and OCSA shall pay the City compensation for all
services performed by City prior to receipt of such notice of termination.
14. NOTICES
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile
or other mutually approved electronic mail/communication in the manner provided in this
Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza, M-30
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copies to:
City of Santa Ana Police Department
Attention: Chief of Police
City of Santa Ana
60 Civic Center Plaza, M-96
P.O. Box 1981
Santa Ana, California 92702
Telefacsimile (714) 647-6591
City Attorney
City of Santa Ana
20 Civic Center Plaza, M29
P.O.Box1981
Santa Ana, California 92702
Telefacsimile (714) 647-6515
25C-9
M0ZC=
Steven Wagner
Chief Operations Officer
Orange County School of the Arts Board of Trustees
1010 North Main Street
Santa Ana, CA 92701
Telefacsimile (714) 664-0461
A party may change its address by giving notice in writing to the other party.
Thereafter, communication shall be addressed and transmitted to the new address. If sent
by mail, communication shall be effective or deemed to have been given three (3) days
after it has been deposited in the United States mail, duly registered or certified, with
postage prepaid, and addressed as set forth above. If sent by telefacsimile or e-mail,
communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile
machine, addressed as set forth above. For purposes of calculating these time frames,
weekends, federal, state, County or City holidays shall be excluded.
15. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City
and OCSA, and supersedes any and all other agreements, oral or written, between the
parties. In the event of a conflict between the terms of this Agreement and any attachments
hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
except by written instrument signed by the City and by an authorized representative of
OCSA. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
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25C-10
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
c. If a court of competent jurisdiction finds or rules that any provision of this Agreement
or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
[signature page to follow]
25C-11
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement the date and year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
RAUL GODINEZ, II
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
Cil
By
Tai
A.S613LMIL l ILy f LLU111Gy
ORANGE COUNTY SCHOOL
OF THE ARTS CHARTER
SCHOOL
Steven Wagner
Chief Operations Officer
RECOMMENDED FOR APPROVAL:
DAVID VALENTIN
Chief of Police
Attachments:
EXHIBIT "A": SCOPE OF WORK
EXHIBIT "B": INSURANCE REQUIREMENTS
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25C-12
EXHIBIT A
DUTIES AND RESPONSIBILITIES
Goal. To assign a sworn Santa Ana Police Department officer to OCSA as a School
Resource Officer ("SRO) who will act as a visible and active resource on campus for the
safety and security of all students and staff.
A. SRO. The responsibilities of the SRO will include but are not limited to the
following:
General Duties.
a. Schedule. It is the intent of the parties that the SRO's duty hours shall
conform to the school day. The SRO shall be present on campus an average of forty (40)
hours per week, (five (5) day work week, eight (8) hours a day) between the hours of 7:00
a.m. and 4:00 p.m. on days school is in session and other times as maybe required by prior
arrangement between OCSA and the City. It is the responsibility of the SRO to report
schedule conflicts to OCSA.
It is understood and agreed that time spent by the SRO attending court or official police
training arising from and/or out of their employment as an SRO shall be considered as
hours worked under this Agreement. In the event of an emergency, if the SRO is ordered
by SAPD to leave school during normal duty hours as described above and perform other
services for SAPD, then the time spent shall not be considered hours worked under this
Agreement. In such an event, the compensation paid by OCSA to the City shall be reduced
by the number of hours of SRO service not provided to OCSA or the hours shall be made
up in a manner determined by mutual agreement of the parties. The parties intend that on
days when school is not in session, the SRO will be reassigned from OCSA to the City.
SAPD reserves the right to temporarily remove the SRO in the event that additional officers
are needed during a critical incident or natural disaster.
b. Attire. The SRO will wear the Santa Ana Police Department uniform with
all normal accessories and equipment, including a Taser, OC and firearm. The SRO's
Commander may allow an exception to this rule at his/her discretion based on investigatory
or policing needs.
C. Vehicles and Equipment. Except as otherwise provided in this Agreement,
the City shall furnish all equipment which may be required to support the SRO. The City
shall furnish the SRO with a vehicle which is equipped and maintained pursuant to City
standards and policies, equipment for vehicles, and maintenance for the vehicles. OCSA
shall not acquire any legal interest in the vehicle or equipment for the vehicle furnished by
the City by virtue of this Agreement.
d. Chain of Command. As an employee of SAPD, the SRO will be subject to
the chain of command of the police department.
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25C-13
e. Office. The SRO will have a dedicated office on campus where he/she will
maintain all required records in a locked filing cabinet. The SRO will use a computer and
printer owned by the City that will remain on campus so long as the Agreement is in full
force and effect.
f. Radio Communication. The SRO shall be provided school-based radio
Communication equipment used by school administrators and staff.
g. Miscellaneous. Any existing rights or benefits of personnel assigned under
this agreement shall not be abridged, and remain in full effect.
2. Investigation and Enforcement of Crimes Committed on Campus. The SRO
will engage in proactive policing on the school campus and will take appropriate
enforcement action at any authorized co -curricular, extracurricular and non-academic
events held on campus. The SRO shall intervene when it is necessary to prevent any
criminal act and/or maintain a safe school environment. The SRO will assume primary
responsibility for handling all calls for service at OCSA and will enforce state and local
laws and ordinances. When necessary, the SRO will make arrests and/or issue citations in
accordance with California state law and department policy. The SRO may make
appropriate referrals to juvenile authorities or other governmental agencies. The SRO and
SAPD will have the final decision on whether criminal charges shall be filed.
The SRO shall, whenever practical, advise the principal before requesting additional
enforcement assistance on campus and inform the principal of additional law enforcement
responsibilities that may need to be undertaken. School authorities and the parents of any
child involved shall be notified as quickly as possible when the SRO takes any direct law
enforcement action involving a student, on -campus during school hours.
In the event of a school code violation, the SRO will take the student to the principal's
office for discipline to be meted out by school officials. Disciplining students is OCSA's
responsibility.
3. Transporting Students. SRO's shall not transport students in an SAPD patrol
vehicle except when a student is a victim of a crime, under arrest, or some other emergency
circumstances exist. Students shall not be transported to any location unless it is determined
that the student's parent, guardian or custodian is at the destination to which the student is
being transported. The SRO shall not transport students in their personal vehicle. The SRO
shall notify school personnel upon removing a student from campus.
4. CampusSafe Work together with OCSA staff to improve student safety on
campus. Be highly visible throughout the campus, yet be unpredictable in their movements.
For officer safety reasons, the SRO shall not establish any set routine, which allows
predictability in their movements and their locations. The SRO will share information with
OCSA's administration about persons and conditions that pertain to campus safety
concerns.
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25C-14
5. Coordination With Staff. Establish and maintain a partnership with school
administrators, faculty and staff in order to provide for a safe school environment. Confer
with the principal to develop plans and strategies to prevent and/or minimize dangerous
situations on or near the campus involving students at school -related activities. When
requested, be a resource for teachers, parents and students for conferences dealing with
individual problems or questions.
6. Compliance With Policies and Laws. Comply with OCSA's rules and regulations
pertaining to the operation of the school unless such compliance is not practicable due to
exigent circumstances. The SRO shall comply with all laws, regulations and policies
regarding access to confidential student records and detaining, investigating, and searching
students on school premises, provided the SRO shall under no circumstances be required
or expected to act in a manner inconsistent with the duties of a law enforcement officer.
The use of confidential school records by the SRO shall be done with the principal's
approval in a manner consistent with school policy.
The SRO will abide by all applicable legal requirements concerning interviews or searches
should it be necessary to conduct formal law enforcement interviews or searches with
students or staff on property or at school functions under the jurisdiction of OCSA. The
SRO will not be involved in searches conducted by school personnel unless a criminal act
is involved or unless school personnel require assistance of the SRO because of exigent
circumstances, such as the need for safety or to prevent flight. Formal investigations and
arrests by law enforcement officials will be conducted in accordance with applicable legal
requirements.
At all times during the performance of this Agreement, the SRO shall adhere to and obey
all of OCSA's rules and regulations pertaining to the operation of the school, unless
otherwise authorized by school administration or unless such compliance is not practicable
due to exigent circumstances.
7. Student and Staff Interaction. The SRO will be personable, approachable and
available in order to mentor and build positive relationships with students and families.
mentor students, act as a role model for students, and assist them in resolving conflicts.
Provide information concerning questions about law enforcement topics to students and
staff.
8. Access to Education Records. OCSA shall allow the SRO to inspect and if
necessary, copy any public records maintained by OCSA to the extent allowed by law. If
some information in a student's record is needed in an emergency to protect the health or
safety of the student or others, school officials shall 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 necessity of the information to meet the emergency
situation and the extent to which time is of the essence. If confidential student record
information is needed by an SRO, but no emergency situation exists, the information may
be released only as allowed by law.
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25C-15
B. OCSA. OCSA's responsibilities include but are not limited to:
I. Office. OCSA shall provide the SRO with a private, appropriately furnished and
climate controlled office space on campus that can be secured and is reasonably acceptable
to SAPD. This shall include but is not limited to a desk with drawers, chair, filing cabinet
for files and records which can be properly locked and secured, and a telephone.
2. Parking Space. OCSA shall provide the SRO a dedicated parking space in the
campus parking lot for the SRO's patrol vehicle.
3. School Email Address. OCSA shall provide the SRO his/her own school email
address such that when a global email is sent to all school administrators and staff, the SRO
will be in receipt of same.
4. Internet Access. OCSA shall provide internet access to the assigned SRO.
5. Notifications. When school personnel discover weapons, drugs, alcohol, or illegal
contraband on school property, the SRO shall be notified as soon as reasonably possible.
If no juvenile or criminal charges are to be filed, and no administrative action is to be taken
by OCSA, the contraband shall be confiscated by the SRO according to SAPD's policy and
properly disposed of. School personnel shall notify the SRO with the names of specific
individuals who are not allowed on school property and shall notify the SRO of any
anticipated parental problems resulting from disciplinary action taken against a student.
OCSA will provide SAPD with updated copies of all laws, rules, regulations and school
board policies applicable to employees of OCSA, including but not limited to laws, rules,
regulations and policies regarding access to confidential student records and/or the
detention, investigation and searching of students on school premises. OCSA will provide
the same training and materials to the SRO as those provided to OCSA employees.
6. Cooperation. OCSA will work cooperatively with SAPD to make any needed
adjustments to the SRO program throughout the year. OCSA shall assist City with the
evaluation of the officer, however, the City shall have the responsibility to evaluate,
manage, and supervise the assigned officer. OCSA will immediately notify City of any
concerns regarding the SRO's level of service.
14
25C-16
EXHIBIT "B"
INSURANCE REQUIREMENTS
OCSA, AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN
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.
AGREEMENT IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS
SPECIFIED BELOW:
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. OCSA MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
15
25C-17
MINIMUM LIMITS
REQUIRED
TYPE OF COVERAGE
REQUIREMENT
EACH
OCCURRENCE
AGGREGATE
YES WORKER'S COMPENSATION
STATUTORY
YES EMPLOYER'S LIABILITY
STATUTORY
BODILY INJURY
$1,000,000
$1,000,000
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE
$1,000,000
$1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
BODILY INJURY & PROPERTY
$1,000,000
$2,000,000
LIABILITY
DAMAGE COMBINED.
BODILY INJURY
$1,000,000
$1,000,000
EACH PERSON
$1,000,000
$1,000,000
AUTOMOBILE LIABILITY,
EACH OCCURRENCE
$1,000,000
$1,000,000
YES
INCLUDING ALL OWNED, HIRED,
PROPERTY DAMAGE
$1,000,000
$1,000,000
NON -OWNED
BODILY INJURY AND PROPERTY
$1,000,000
$1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY,
NO INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES
$1,000,000
THE CITY OF SANTA ANA IS TO BE NAMED AS AN ADDITIONAL INSURED: OCSA, AT ITS SOLE
YES 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, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND
EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. OCSA MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
15
25C-17
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.
C. NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, OCSA SHALL PROVIDE CITY AT
LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE
NONPAYMENT OF PREMIUM, OCSA SHALL PROVIDE CITY AT LEAST A TEN (10)
DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
CITY OF SANTA ANA
20 Civic Center Plaza, M29
P.O.Box 1981
Santa Ana, California 92702
Mo
25C-18