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2010-2013 DSUSD MOU - School Resource OfficerSEC43ND AMENDMENT OF AN AGREEMENT BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE CITY OF LA QUINTA FOR THE PLACEMENT OF THREE SCHOOL RESOURCE OFFICERS MEMORANDUM OF UNDERSTANDING This Extension of a Memorandum of Understanding (MOU) is entered into by and between Desert Sands Unified School District, hereafter referred to as DISTRICT and the City of La Quinta, hereafter referred to as CITY. The purpose of this Extension of a Memorandum of Understanding (MOU) is to document the parties' understanding of the financial commitment to each pay 50% of the cost of two assigned School Resource Officers as follows: One School Resource Officer at La Quinta High School for Fiscal Years 2010- through 2013. One School Resource Officer, at Summit High School and Colonel Mitchell Paige Middle School, for Fiscal Years 2010-2013. The City of La Quinta will fund the financial commitment of 100% of the cost of one assigned School Resource Officer at: La Quinta Middle; School and all La Quinta elementary schools. By signing this Extension of a MOU, the DISTRICT and CITY agree to financially contribute the matching portions of the funds. All rates are estimates. The DISTRICT will submit an invoice to the CITY using the "percent" of total costs as the basis for the matching portions. Dr. Sharon P. McGehee, Superintendent Desert Sands Unified School District Thomas P. Genovese, City Manager City of La Quinta 8 i9 -i Date 91zv10 Date Desert Sands Unified School District 5 AGENDA CATEGORY General Functions BOARD OF EDUCATION MEETING 10/05/2010 ACTION/CONSENT ITEM TITLE Annual Law Enforcement Services X ACTION Agreement with Riverside County Sheriff for Three f3) INFORMATION School Resource Officers DISCUSSION Strategic Plan: Strategy 2.3 BACKGROUND: Since 2003. the district has had an agreement with the Riverside County Sheriffs Department to provide three (3) School Resource at Summit High School) and rs RLa Qu nta Middle schools TOs). one of each who are hlis agreement aced at La Q sl effectiventa July 1 Colonel Mitchell through gJuMiddle0, 2013. Initially, this program was funded by a Cops in Schools Grant. We now contract individually for the officers through a Memorandum of Understanding (MOU) with the City of La Ouinta. We pay the Sheriffs department directly through this agreement for the officers and services provided, and our reimbursement of $197,068.00 comes from the separate MOU with the City of La Quints approve by the Board of Education on August 171° of this year. Services through this agreement provide the officers whose services include provision of class presentations on relevant law enforcement issues, patrol of each high and middle school, investigation of crimes, counseling of students and their parents, and serving as liaison at the elementary site FISCAL IMPLICATIONS: Esfimated annual district cost of approximately $98,534.00, in addition to a commitment of $197,068.00 from the City of La Quinta. RECOMMENDATION Approve to ratify the Agreement Between the County of Riverside and the Desert Sands Unified School District for the County Sheriffs Provision of three (3) School Resource Officers (SROs), one each at La Quints High, Colonel Mitchell Paige Middle (office at Summit High School), and La Quints Middle schools, in an amount not to exceed $98.534.00, to be paid from the School Safety Grant. to Dr. Sharon P. McGehee, Superintendent Recommended by: Cindy McDani6W Assistant Superintendent Business Services When necessary, additional background may follow this. 269 DESERT SANDS UNIFIED SCHOOL DISTRICT Unapproved MINUTES Regular Meeting: BOARD OF EDUCATION Tuesday, October 5, 2010, 7:00 P.M. District Education Center Boardroom 47-00 Dune Palms Road La Quints, California Members Present Gary Tomak, President Michael Duran, Vice President/Clark Donald B. Griffith, Member Jim Koedyker, Member Matteo Monica III, Member Daniel Umanzio. Student Board Member. La Quinta High School Staff Present Sharon P. McGehee, Ph.D.. Superintendent Kathleen Feld, Asst. Superintendent, Educational Services Sherry Johnstone, Asst. Superintendent, Personnel Services Cindy McDaniel, Asst. Superintendent, Business Services President Tomsk called the meeting to order at 7:05 p.m. The Pledge of Allegiance, led by Daniel Umanzio, was repeated in unison. (075) Approve the Minutes of the regular meeting of September 21, 2010. Preferential Vote: Aye Vote: Ayes: 5 Motion: Griffith Noes: 0. Second: Duran Absent 0 (076) Approve the Minutes of the special meeting of September 21, 2010. Vote: Ayes: Noes: Absent: Motion: Monica Second: Griffith (077) On motion of Member Griffith, and seconded by Member Koedyker. an aye preferential vote and a five -aye board vote, the Board of Education approved the published agenda of October 5, 2010, with no charges. Vice President Duran recognized two Individuals as wanting to address the Board and their names were placed on the agenda accordingly. PUBLIC COMMUNICATIONS: 1. Lora Lee, Classified School Employees Association (CSEA) President noted negotiations had been ongoing in order to resolve a few Issues. She expressed accolades to Cabinet members, management, and Board members for their support of CSFA 2. Dale Wissman, Classified School Employees Association Labor Representative, commented the reform process needs to continue in the next couple of months, and Minutes 10/0512010 5 (079) Adopt RESOLUTION NO. 1312010-2011, Authorization to Budget for Grants and Awards with a net reduction to the General Fund ending balance, in the amount of $664,984,00. Motion Monica Second Griffith Preferential Vote: Absent Vote: Ayes: Koedyker Noes: 0 Abstain: 0 Absent: 0 Griffith, Monica, Duran, Tomak (080) Adopt RESOLUTION NO. 14/2010-2011, Notice of Intent to Hold a Public Hearing and Grant of Easement/Pipeline to Coachella Valley Water District at Palm Desert High School for the domestic water relocation, and set a public hearing on October 19, 2010, to consider granting said easement pipeline. Motion Griffith Second Duran Preferential Vote: Absent Vote: Ayes: Koedyker, Griffith, Monica, Duran, Tomak Noes: 0 Abstain: 0 Absent: 0 (081) Adopt RESOLUTION NO. 15/2010.2011, Authorization to Amend San Diego County Schools Fringe Benefits Consortium Agreement. Motion Griffith Second Monica Preferential Vote: Absent Vote: Ayes: Koedyker, Griffith, Monica, Duran, Tomak Noes: 0 Abstain: 0 Absent: 0 (082) The following GENERAL FUNCTIONS Items 4.5 were acted on under one motion and vote. 4. Approve a Master Contract Title I - Supplemental Educational Services Providers agreement with Academic Goals, Inc., to provide Supplemental Educational Services as required by No Child Left Behind up to $1,210.84 (2009-2010 amount) or amount determined by the California Department of Education for each eligible student during the 2010-2011 school year, to be invoiced and paid from the fifteen percent (15%) required reserved Title I funds. 5. Approve to ratify the agreement between the County of Riverside and the Desert Sands Unified School District for the County Sheriffs Provision of three (3) School Resource Officers (SROs), one each at La Ouinta High School, Colonel Mitchell Paige Middle (office at Summit High School) and La Ouinta Middle schools, in an amount not to exceed $98,534.00. to be paid from the School Safety Grant. Minutes 10/0512010 _6. GENERAL FUNCTIONS Items 4.5 were APPROVED under one action by the following vote: Preferential Vote: Absent Vote: Ayes: 5 Motion: Monica Noes: 0 Second: Griffith Absent: 0 (083) Approve Change order No. 4 for Category 4 for Palm Desert High School Reconstruction Phase 2, in the total amount of $26.400.00. to be paid from Measure K funds. Member Monica reminded that a couple of years ago the district implemented terminology that included "in a total amount not to exceed" or "in the total amount of." Preferential Vote: Absent Vote: Ayes: Noes: Absent: Motion: Duran Second: Koedyker (084) The following GENERAL FUNCTIONS items 7.9 were acted on under one motion and vote. Approve to accept the grant award from the California Department of Education for the After School Education and Safety (ASES) Program for the period July 1, 2010, through June 30, 2011, in the amount of $1,849,500.00. 8. Approve to accept the grant award from the California Department of Education for the 21" Century Community Learning Centers Program -Elementary and Middle Schools for Ronald Reagan Elementary School for the period July 1, 2010, through December 31, 2011, in the amount of $130,500.00, 9. Approve the grant award from the California Department of Education for the Workforce Investment Act, Title If: Adult Education and Family Literacy Act, Section 225, Section 231, and English Literacy and Civics Education grant for Adult Education from July 1, 2010, through June 30, 2011, in an amount of $122,110.00. GENERAL FUNCTIONS Items 7.9 were APPROVED under one action by the following vote: Preferential Vote: Absent Vote: Ayes: 5 Motion: Monica Noes: 0 Second: Koedyker Absent: 0 (085) Approve additional Variable Term Waiver Requests to waive an Autism Spectrum Disorder Added Authorization for Special Education teachers for the 2010-2011 school year. Preferential Vote: Absent Vote: Ayes: 5 Motion: Duran Nam: 0 Second: Griffith Absent: 0 AGRI_E\;LENT I31 1AN"F IN T h1E COUNTY C?F' RIVERSIDE AND THE DESERT SANDS UNIFIED SCHOOL DiSTRiCT FOR T1IE COUV'TY SHERIFF'S PROVISION 01: SCHOOL RI:SOURCI- OFFICERS THIS AGREE MWNT is made raid entered into by and between the COUNTY OF, RIVI..RSIDE, if political subdivision of the State ofCalifornia. im behalfof ils Sherifl's Department. hereinafter "SHERIFF" and the DESERT SANDS UNIFIED SCHOOL DISTRICT. a political subdivision of the State of California. hereinafter "DISTRICT". WHEREAS. SHERIFF and DISTRICT have identified a need to provide additional late enforcement amon_; DISTRICT'S school sites; and WHEREAS. SHERIFF and DISTRICT share common goals that include the provision of programs within DISTRICT's jurisdiction that address the needs of students at risk; and WI IERFAS. SHERIFF and DISTRICT desire to work cooperatively toward these goals by enterin;, into this Agreement to place Deputy Sheriffs as School Resource Officers. herein after SRO's. on DISTRICT campuses as needed tot+pork in partnership with DISTRICT to provide a sale environment liar learning that encourages the development of social responsibility among the students. and to be a visual deterrent to aberrant behavior and thereby enhance DISTRICT's campus control and student protection; IT IS THEREFORE AGREED AS FOLLO\YS: 1. TERM. This Agreement s11a11 be effective from July 1, 2010 through.htne 30. 2013, unless sooner terminated as provided in Paragraph S. 2. SCOPE OF SERVICES. A. SHERIFF agrees to provide three {;,} SRO's. These SROs will be assiened to provide services at the following schools: La Quinta High School, Colonel \'Iitchell Paige �iidclle School and La Quinta Middle School. In addition, as needed, the SRO's will provide services at elealentary schools in the DISTRICT. The duties of the SRO's shall include provision of class presentations on relevant law enforcement issues, patrol of said high schools and middle schools, investigation ofcrimes. counseling of students and their parents, and serving as liaison at elementary school sites. SRO's will also serve as liaison between the educators employed by DISTRICT, the School Attendance Review boards (S.A.R.13.), the Probation Department and oil let- late eni'orcentent officials, and perform other related duties. It is understood that these SRO°s will be assigned to DIS'TRIC'I' on a full-time basis. B. DISTRICT agrees to comply with all reasonable requests of SHFIZIFI: necessary to the performance of SRO's duties under this Agreement_ DISTRICT agrees to furnish Space at each school for use by SRO's Nhile performing the above -described services, 3. MODIFICATION OF SERVICES. No portion ofthe services or responsibilities of either party described in this Agreement may be eliminated, reduced, or appreciably changed without the mutual written consent of both parties. 4. COMPENSATION. DISTRICT shall reimburse SHERIFF the full cost of rendering service pursuant to this Agreement. Such cost of services shall be established by the County Board of Supervisors in the form of an hourly rate for an unsupported deputy sheriffand a mileage rate, and shall include all items of cost and expense to the Sheriff for providing the services hereunder. In FY 2010-I 1 the total cost to DISTRICT under this Agreement is estimated to be $318,000. SHERIFF has based this cost estimate on a projection of service hours and mileage for FY 2010-11 and anticipated contract rate adjustments. Payment for services shall be rendered on a monthly basis upon receipt by DISTRICT of a proper invoice submitted by SHERIFF. DISTRICT will notify County prior to February of each year of any reduction of services necessary due to lack of funding. In May of each year, DISTRICT can request a service cost estimate from SHERIFF. 5. VACATION AND HOLIDAY TIME. SRO's vacation time shall not conflict with the schedule of duties mutually developed by DISTRICT and SHERIFF. Because DISTRICT and SHERIFF holidays may not correspond, holiday time will be taken by SRO's in accordance with DISTRICT holidays during the contract period. The excess days shall be taken with reasonable notice to DISTRICT, but shall not conflict with the schedule of duties mutually developed by DISTRICT and SHERIFF. 6. ADMINISTRATION AND SUPERVISION. SHERIFF (or designee) shall administer this Agreement and supervise DEPUTIES on behalf of the County of Riverside. The Superintendent of DISTRICT (or designee) shall administer this Agreement on behalf of DISTRICT. 7. COUNTY EMPLOYEE. SRO's shall remain employees of SHERIFF on special assignment to DISTRICT for the purposes set forth in this Agreement, and shall not be considered agents, employees, or deputies of DISTRICT. 8. TERMINATION. Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of termination, compensation will be paid only for the period of time this Agreement is in effect. 9. HOLD HARMLESS AND INDEMNIFICATION. A. DISTRICT shall indemnify and hold SHERIFF, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of DISTRICT, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on County by the provisions of California Government Code Section 895.2 or other applicable law, and DISTRICT shall defend at its expense, including attorney fees, County, its officers, agents, and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. B. SHERIFF shall indemnify and hold DISTRICT, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on DISTRICT by the provisions of California Government Code Section 895.2 or other applicable law, and County shall defend at its expense, including attorney fees, DISTRICT, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 10. ASSIGNMENT. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by DISTRICT without prior written consent of SHERIFF. 11. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties with respect to the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral or otherwise, relative to this subject matter exists between the parties at the time of execution of this Agreement. Any modification of this Agreement shall be effective only if it is in writing and signed by both parties. 12. NOTICES. Any notice required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: Sheriff District Stanley L. Sniff Jr., Sheriff Desert Sands Unified School District Riverside County Sheriffs Department 47-950 Dune Palms Road Post Office Box 512 La Quinta, California 92253 Riverside, California 92502 Attn.: Superintendent An information copy of any notice to Sheriff shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 1st Floor Riverside, California 92501 13. WAIVER. Any waiver by SHERIFF of any breach of any one or more of the terms of this agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thercof. Failure on the part of SHERIFF to require exact. full. and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof. or estopping SHERIFF front enforcement hereof. 14. SEVFRABILFrY. If any provision of this Agreement is held by a court of competent ,jurisdiction to be invalid, void. or unenforceable, tile remaining provisions will nevertheless continue in full three without being impaired or invalidated in any w,a\. IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have signed in confirmation of this Agreement on the dates indicated below. Date ATTEST: Name: `title: Bv: Date ATI F ST Name: Kecia Harper-Ihem Title: Clerk of the Board BY:_ _ _ Deputy DESI%2I-SANDS UNIFIED SCHOOL DIS"IRICT Sharon 1). McGehec. Ph.D. Superintendent COUNTY OF RIVERSIDE B\: Marion Ashley, Chairperson Riverside County Board of Supervisors F(JR N`P�JEtM-11 l1