Alameda County Sheriff' Office

Lakeside Plaza; 1401 Lakeside Drive, l2lh Floor, OaklanJ, A 94612-4305

GregoryJ. Ahern, Sheriff Director ofFmergency S rvices Coroner - Marshal

AGENDA __July 10,2012

June 27, 2012

Honorable Board of Supervisors County Administration Building 1221 Oak Street, Room 536 Oakland, CA 94612

SUBJECT: AGREEMENT WITH THE SAN LORENZO UNIFIED SCHOOL DISTRICT FOR LAW ENFORCEMENT SERVICES

Dear Board Members:

RECOMMENDATION:

It is respectfully requested that your Honorable Board approve and sign the agreement between the County of Alameda and the San Lorenzo Unified School District (Principal: Dennis Byas, Superintendent; location: 15510 Usher Street, San Lorenzo, CA) for school law enforcement services up to a maximum cost of$185,000 for the period July 1,2012 through June 30, 2013.

DISCUSSION/SUMMARY:

The Sheriffs Office has provided law enforcement services to the San Lorenzo Unified School District (SLUSD) for the past ten years. On September 26,2001, the Sheriffs Office was notified by the Department of Justice, Office of Community Oriented Policing Services that we received a grant to provide School Resource Officers in the San Lorenzo and the Castro Valley Unified School Districts. When the grant ended, the County of Alameda and the San Lorenzo Unified School District entered into an agreement so that School Resource Officers continued to provide services to the school district. Your Board approved the most recent agreement on July 23, 2008, which did not specify an end date for the agreement. This agreement will commence on July 1,2012 and extend through June 30,2013.

Under this agreement, the Sheriffs Office will provide at a minimum one (1) Deputy Sheriffto work as a School Resource Officer to provide law enforcement services for the San Lorenzo Unified School District. The primary function ofthe School Resource Officer is to respond to the law enforcement Honorable Board of Supervisors June 19,2012 Page 2' needs of the District, in conjunction with the needs of the Alameda County Sheriff's Office. The primary goals of the agreement are to assist in providing a safer and more secure environment in the schools, identify at-risk youth and work with them to choose a more positive and more socially acceptable way of conducting themselves, to work with the school administration in reducing drug and alcohol abuse, and to be a positive role model for youths through positive interaction and projection of a professional image.

The Sheriff's Office agrees to provide a fully trained and fully equipped Deputy Sheriff II as the School Resource Officer. The San Lorenzo Unified School District agrees to compensate the Sheriff's Office for these services up to $185,000.

FINANCING:

No additional appropriation is required. The contract revenue amount is budgeted in FY 2012-2013. This request does not increase or decrease the net County cost in FY 2012-2013.

Respectfully submitted,

GJA:KBV:kbv cc: Susan Muranishi, County Administrator This is an Agreement between SAN LORENZO UNIFIED SCHOOL DISTRICT, (HEREAFTER "DISTRICT") and the County of Alameda (hereafter "County").

RECITALS

WHEREAS, this Agreement set forth the terms and conditions under which the County will provide to the District certain police services at various schools and campuses operated by the District and the compensation to be paid by the District to the County for said services.

l'Jow, THEREFORE, the District and County agree as follows:

1. Definitions

1.1 Where any word or phrase defined below, or a pronoun used in place thereof, is used in any part of this Agreement, it shall have the meaning herein set forth.

1.1.1. Agreement: This Agreement together with all attachments and appendices and other documents incorporated herein by reference, including, but not limited to:

1.1.1.1 Exhibit A, Services to be provided by the County; 1.1.1.2 Exhibit 8, District Schools

2. Term of the Agreement

2.1 The term of this annual Agreement shall commence on August 1, 2012 and conclude July 30, 2013.

3. Scope of Services to be Provided by County to District

3.1 The County, through its Sheriff's Department, agrees to supply Deputy Sheriffs for the school year when students are in attendance, fully equipped with a marked patrol unit, radio, weapon, fully equipped utility belt and all necessary items so the effectuate providing to the District, police services as Resources Officers and as needed for special events throughout the school year. The Resource Officers shall perform the services provided for in Exhibit "An. The Resource Officers' primary function is to respond to and to address any and all of the law enforcement needs of the District. 3.2 "Special Events" include football games, basketball games, dances and graduation ceremonies. The County will be reimbursed by the District the total costs of the Sheriff Deputies for overtime events. See Section 4 - Compensation (4.2) for specifics regarding compensation. The District shall coordinate the services needed through the Resource Officer Sergeant in advance by a written memo with a minimum of 72 hour notice.

3.3 The District agrees to provide to the County the necessary work space and such other services that may be required for the performance of the services under this Agreement during those periods of time when such are necessary. Necessary work space is defined to be space whose sole use is by the School Resource Officer with the following equipment: a computer with internet access, a land line telephone, a printer and adequate furniture to conduct interviews. The County shall provide, at its own cost and expense, any and all necessary equipment, education and training, so to perform the services under this Agreement.

4. Compensation

4.1 The District shall compensate the County for the services of the Resource Officers, not to exceed one hundred eighty-five thousand dollars ($185,000), the amount to be invoiced in four equal quarterly demand letters. Payment is due within thirty (30) days of receipt of the invoice by the District.

4.2 Additional services rendered during school special events will be subject to approval by the School Board or its designee. The District shall compensate the County for the special events at actual costs including 17.2% indirect costs and District shall remit payment for any undisputed charges. Supporting documentation for invoices shall be provided to the District upon request.

5. Certification

5.1 The County represents and certifies that the Resource Officers so assigned to perform the services under this Agreement are qualified to perform the services, have received all necessary and required training and education, possess the necessary experience, training, expertise, licenses and/or permits required to perform the services. The County also represents and certifies that the Resource Officers so assigned have knowledge of and shall perform the services in accord with applicable laws and regulations. 2 6. Independent Contractor: Payment of Taxes and Other Expenses

6.1 At all times, the Resource Officers so assigned by the County shall be deemed at all times an employees of the County and not employees, agents or representative of the District. The County shall be and is wholly responsible for the manner in which the Resource Officers perform the services required by the terms of this Agreement. The County shall be liable for the acts and omissions of the Resource Officers. Nothing solely contained herein shall be construed as creating an employment or agency relationship between the District and the Resource Officers or the County. The County shall be responsible for the payment of all salary and benefits for the Resource Officers and such shall not be the obligation of the District.

7. Insurance

7.1 Without in any way limiting the County's liability under any other section of this Agreement, the County will maintain in force during the full term of the Agreement, insurance in the following amounts and coverage.

7.1.1. Workers' Compensation Employers' liability limits of not less than $500,000 each accident and aggregate.

7.1.2. Automobile Liability Insurance policies shall be endorsed to provide the following: Name as additional insured, the San Lorenzo Unified School District, its governing board, officers, employees and authorized agents.

7.1.3. General Liability Insurance with coverage of not less than $1,000,000 per occurrence. Said insurance shall name the District as an additional insured and the District shall be provided with a certificate of insurance and policy endorsement that indicates such.

The County may satisfy these insurance requirements through participation in a joint powers insurance pool or other similar arrangement as allowed under the California Government Code, subject to approval by the District.

3 8. Termination of Agreement

8.1 Either party to this Agreement may terminate it upon giving 120 days written notice to the other party or upon mutual consent. Upon termination, any amounts owed to the County by the District, if any, shall be paid by the District upon the submission of an invoice. If the County has in its possession any property of the District, it shall be returned upon termination.

9. Proprietary or Confidential Information of the District

9.1 The County and its Resource Officers understand and agree that in the performance of the services under this Agreement or in the contemplation thereof, County and its Resource Officers, may have access to private of confidential information which my be owned or controlled by District and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to District and others.

10. Indemnity

10.1 The County shall, with respect to all services covered by or incidental to this Agreement, defend, indemnify and hold District harmless from and against any claim, liability (including, but not limited to, claims alleging false arrest, excessive force and violation of civil rights), loss damage, cost, expenses, including reasonable attorneys' fees, awards, fines or judgments arising from or resulting from, in whole or in part, the negligent, wrongful or willful acts or omissions of the County, its agents, employees, or sub-contractors.

The District shall, with respect to all services covered by or incidental to this Agreement, defend, indemnify and hold the County, its Board of Sueprvisors, employees and agents harmless from and against any claim, liability (including, but not limited to, claims alleging false arrest, excessive force, and violation of civil rights), loss damage, cost expenses including reasonable attorneys' fees, awards, fines or judgments arising from or resulting from, in whole or in part, the negligent, wrongful or willful acts or omissions of the District, its agents, employees, or sub-contracts.

4 Miscellaneous Provisions

1. The County shall permit the authorized representatives of the DISTRICT, to inspect and audit all data and records related to performance under this contract, unless otherwise provided by law.

2. The County shall not assign or transfer any interest in this contract without prior written consent of the DISTRICT.

3. In the performance of the contract for services, Alameda County, the sheriff, and its agents or employees shall not be deemed agents, officers, or employees of the DISTRICT. Therefore, the County shall be responsible for all applicable payroll taxes and tax deposits as required by federal, state and local regulations.

4. This Agreement shall be governed by the laws of the State of California.

5. This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and District relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties.

6. This Agreement may be supplemented, amended or modified only by the mutual agreement of the parties. No supplement, amendment or modification of the Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.

7. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

5 8. The County may, at its discretion, assign supervisory personnel to supervise deputies assigned to scheduled events with the DISTRICT agreeing to pay all costs associated with supervisory personnel.

Rest of this page is deliberately left blank.

6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

COUNTY OF ALAMEDA

By: _ By: --H---~:...... -~__Jr..==r....IL----- Nate Miley, Board President Alameda County Board of Supervisors

Date: _ Date: __~_~______L.L___:...._Ir__

ALAMEDA COUNTY SHERIFF'S OFFICE

By: ~t~ Gregory J. Ahern, Sheriff-Coroner

Date: (&,/,..

Approved as to form:

County Counsel

By: ~~

Date: ~_I_l"3----,-'_'2-- _

By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

7 Exhibit A Services to be provided by the County

The School Resource Unit shall consist of the following:

1. A minimum of one Resource Officer will be assigned to the District. The Resource Officer will be assigned to Arroyo High School and will be responsible for responding to any District schools if needed.

The Role and Responsibility of the Resource Officers include, but are not limited to:

1. The Resource Officers' primary function is to respond to the law enforcement needs of the District, in conjunction with the needs of the Alameda County Sheriff's Office.

2. The Resource Officers' positions will be administered by the Law Enforcement Services Division. The Unit will be supervised by the Resource Officer Sergeant, who will report to the Administrative Lieutenant and the Captain in command of Eden Township Substation (ETS), with input and direction provided by the Director of Student Services and the administrators of the schools in which the Resource Officers perform their duties.

3. The Resource Officer shall work a full-time schedule of 40 hours per week/5 days per week. The starting and ending work hours of the day shall be determined by the needs of both the District and the Sheriff's Office, but include school hours of operation. Resource Officers shall dedicate their time in and around primary and secondary schools.

4. In accordance with the personnel policies of the Sheriff's Office, it will be the responsibility of each Resource Officer to advise the Resource Office Unit Sergeant as soon as possible when it has been determined that he/she will be unavailable for the duty. The Sergeant will then notify the District of their absence.

5. Respond fully and appropriately to "Part1 violent crimes" (as that term is defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation), occurring on the Campus. Response shall include but not be limited to all necessary investigation and processing. Part 1 violent crimes include but are not limited to homicide, forcible rape, robbery, assault, burglary and arson.

8 6. Attend court as necessary arising out of Part 1 violent crimes occurring on the Campus.

7. Respond to emergency calls and reports of suspicious activity occurring on District school campuses.

8. The Resource Officers may be required to attend State mandated Schools and courses or be off due to vacation or compensatory time during the school year, in which case, the Resource Officer Unit Sergeant will notify the District as soon as possible and provide coverage as appropriate.

The Goals of the Resource Officer Unit are:

1. To develop crime prevention strategies with District personnel and assist in providing a safer and more secure environment in the schools, especially through direct intervention/prevention of gang related and other youth violence activities.

2. To create a greater respect for law and order in the San Lorenzo public school system.

3. To promote open communication and a mutual understanding between administrators, staff, students, parents of the school district and the Sheriff's Office regarding crime intervention/prevention efforts.

4. To enhance communication and collaboration between the residents, businesses and the Sheriff's Office in order to promote law and order in the neighborhoods surrounding the schools.

5. To identify youth in danger of becoming known to the criminal justice system and to work with them in choosing a more positive and more socially acceptable way of conducting themselves.

6. To interact with students relating to police/student problems and to be a focal point for quelling unrest on campus.

7. To work with the school administration in reducing drug and alcohol abuse as related to school and student safety. 9 8. To be a positive role model for youths through positive interaction and projection of a professional image.

9. Participate as a member of the School Attendance Review Board (SARB) during truancy hearings.

Rest of this page is deliberately left blank.

10 Exhibit B District Schools

Arroyo High School 1 School Resource Officer assigned

Royal/Sunset High School 1 School Resource Officer assigned at the discretion of the Sheriff, otherwise the District must fund position

San Lorenzo High School 1 School Resource Officer assigned, as long as the Social Services Agency's grant is able to fund the position

The School Resource Officer responds to other schools in the District as needed.

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