Staff Report/Resolution Authorizing the Submission of the 2011 Secure Our Schools Grant Application

If there are textual gaffes, goofs and glitches, sorry about that… at least you can get an idea about what was going on.

STAFF REPORT

AGENDA ITEM: Resolution Authorizing the Submission of the 2011 Secure Our Schools Grant Application to the United States Department of Justice Office of Community
Oriented Policing Services and Authorizing the Interim City Manager to Enter
into a Related Agreement with the Merced Union High School District.

MEETING DATE: May 17, 2011

PREPARED BY: Chris Soria, Interim Chief of Police & Jasmin Bains, Senior Accountant

REVIEWED BY: Victoria Lewis, Interim City Manager

RECOMMENDATION:

Staff recommends approval of Resolution No. 201 1- , authorizing the submission of the 2011 Secure Our Schools Grant Application to the United States Department of Justice Office of Community Oriented Policing Services and authorizing the Interim City Manager to enter into a related agreement with the Merced Union High School District.

BACKGROUND:

The U.S. Department of Justice Community Oriented Policing Services (COPS) Secure Our Schools Program is a competitive grant that would fund 50% of the cost of video surveillance cameras, additional exterior lighting, and other safety-related equipment for the Livingston High School campus. Applications are due on May 25, 2011.

The Merced Union High School District will be responsible for the required 50% match.

DISCUSSION:

The Secure Our Schools grant intends to assist law enforcement agencies in their efforts to prevent violence on school campuses. Secure Our Schools grant funds can be used to procure equipment or technology such as surveillance cameras, lighting and two way radios.

This will be the City of Livingston’s third application to the U.S. Department of Justice for Secure Our Schools funds.

• A 2007 Secure Our Schools grant award of $112,339 funded the installation of 16 video surveillance cameras at Livingston High School with related servers and recording equipment.

• A 2009 Secure Our Schools grant award of $107,440 funded exterior lighting at Livingston High Schooladjacent to the 16 video surveillance cameras. This grant also funded the installation of 31 video surveillance cameras at Livingston Union School District sites including Campus Park School, Yamato Colony School, Livingston Middle School and Selma Herndon School.

• The 201 1 Secure Our Schools grant proposal requests $130,920 to install additional exterior lighting and

20 video surveillance cameras at the newly constructed Li vingston High School twelve-classroom wing and gymnasium. The grant will also procure two way portable radios for school staff.

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The U.S. Department of Justice gives preference to applicants that provide a signed agreement with the partnering school. Accordingly, staff has prepared an agreement between the City of Livingston and Merced Union High School District. This agreement is identical to the City’s existing Secure Our Schools agreement with the Livingston Union School District.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution No. 2011-

2. Agreement with Merced Union High School District

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RESOLUTION NO. 2011-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING THE SUBMISSION OF THE 2011 SECURE OUR SCHOOLS GRANT APPLICATION TO THE UNTIED
STATES DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY OREINTED POLICING
SERVICES AND AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A RELATED
AGREEMENT WITH THE MERCED UNION HIGH SCHOOL DISTRICT

WHEREAS, the United States Department of Justice Community Oriented Policing Services (COPS) Secure Our Schools Program grant provides funding for equipment and technology which can be used to prevent violence on school campuses; and

WHEREAS, Merced Union High School District desires to partner with the City of Livingston in implementing additional equipment at Livingston High School which will deter violence on campus; and

WHEREAS, school safety assessments conducted by Merced Union High School District conclude that said equipment and technology will reduce and prevent school safety problems at Livingston High School; and

WHEREAS, Merced Union High School District will provide the required 50% grant match; and

WHEREAS, the U.S. Department of Justice encourages Secure Our Schools applicants to enter into partnership agreements relating to implementation of said grant funds prior to submission of grant proposals.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Interim City Manager or her designee(s) to enter into an Agreement with the Merced Union High School District relating to the implementation of the Secure Our Schools grant, in the event that the grant is awarded.

BE IT FURTHER RESOLVED that the City Council hereby approves Resolution 2011-_, authorizing submission of the 2011 Secure Our Schools Grant Application to the United States Department of Justice Office of Community Policing Services, and authorizes the Interim City Manager or her designee(s) to execute the contract agreement and all other documents required by the Department of Justice on behalf of the City of Livingston in the event that the grant is awarded.

Passed and adopted this 170′ day of May, 2011, by the following vote:

AYES:

NOES:

ABSENT:

Rodrigo Espinoza, Mayor
of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 17°i day of May, 2011.

Antonio Silva, City Clerk

of the City of Livingston


AGREEMENT

BETWEEN THE MERCED UNION HIGH SCHOOL DISTRICT
AND THE CITY OF LIVINGSTON

PERTAINING TO THE 2011

U.S. DEPARTMENT OF JUSTICE "SECURE OUR SCHOOLS" GRANT

This Agreement shall commence on the date signed by and between the Merced Union High School District (the "District") and the City of Livingston ("City"). City and District are sometimes referred to individually as "Party" and collectively as "Parties" herein.

WHEREAS, the Parties desire to set forth an Agreement outlining the specific provisions and responsibilities pertaining to a potential Secure Our Schools grant, which would be awarded by the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) to procure two-way radios, video camera surveillance system and additional exterior lighting at the District’s Livingston High School site with the intent to deter criminal activity on campus.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. City Responsibilities. The City’s responsibilities are as follows:

A. Administration of the grant award.

B. Timely reporting to the Department of Justice.

C. Submission of request for grant funds from the Department of Justice.

D. Distribution of reimbursement payments to the District.

E. Passively monitor school campus video feed and media on an as-needed basis.

City shall be under no obligation whatsoever to actively monitor video feed.

F. Retain and store any video footage provided as evidence in accordance with the

City’s existing policies and procedures.

G. Any hardware provided to the City for the purposes of this project and kept at City locations shall become property of the City. City shall assume responsibility for the maintenance, repair and replacement of any equipment provided to the City pursuant to the Secure Our Schools grant.

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2. District Responsibilities. The District’s responsibilities are as follows:

A. Administration of the project funded by the grant award and matching funds, through completion of installation.

B. Preparation of the plans and specifications.

C. Project bidding, award of contract, and maintenance of the performance bonds provided by the contractor.

D. Compliance with all applicable local, state and federal laws including, without limitation, the Davis-Bacon Act and Prevailing Wage laws.

E. Submission of request for reimbursement of grant funds from the City.

F. Maintenance, repair and replacement of any equipment purchased pursuant to the Secure Our Schools grant award and matching funding, excepting hardware kept at City locations as described above.

G. Communicate with the City to ensure that any additions, moves, changes or removal of cameras cover any tactical considerations.

H. Notify the City when maintenance is to be performed on any major portion of the system if such maintenance will impact the City’s ability to monitor the school campus video feed.

1. Retain and store video surveillance data. District will retain video data for at least 90 days, or for another period of time as mutually agreed upon in advance by both Parties.

J. Provide City with immediate access to video surveillance system servers and to any archived data. Video evidence shall be provided in a read-only format acceptable to the City.

3. Past. The District will pay the total cost of the project to the Contractor and upon completion of the project will submit to the City a request for reimbursement for fifty
percent (50%) of the total project cost, not to exceed $130,920.00.

4. Time. Time is of the essence for each and every provision of this Agreement.

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5. Amendment. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by the Parties. Mutually agreed-upon changes shall be incorporated in written amendments to this Agreement.

6. Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the District as a partners or co-venturer with, or agent of, the City.

7. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

8. Attorneys’ Fees. If any Party commences an action against any other Party, either legal or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

9. Mutual Indemnification. District shall defend, indemnify and hold harmless the City and
its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses including attorneys’ fees arising out of the performance of this Agreement, caused in whole or in part by any negligent act or omission of the District, any person directly or indirectly employed by District or any person for whose acts District may be liable, except where caused by: (a) the active negligence of the City; (b) the sole negligence of the City; or (c) the willful misconduct of the City.

City shall defend, indemnify and hold harmless the District and its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses including attorneys’ fees arising out of the performance of this Agreement, caused in whole or in part by any negligent act or omission of the City, any person directly or indirectly employed by City or any person for whose acts City may be liable, except where caused by: (a) the active negligence of the District;

(b) the sole negligence of the District; or (c) the willful misconduct of the District.

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10. Entire Agreement. This Agreement, and all the exhibits incorporated herein, constitutesthe entire Agreement of the Parties and supersedes all prior negotiations, understandings or agreements with respect to the subject matter hereof.

11. Governin Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce the terms of this Agreement, or arising out of or connected with this Agreement, shall be brought in the Superior Court of Merced County, California, regardless of where else venue may properly lie.

12. Successors and Assigns; Assignment or Transfer. This Agreement shall be binding upon
the successors and assigns of the Parties. Except as expressly provided, District shall not assign
or transfer this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void and any assignees or transferees shall acquire no right or interest by reason of such attempted assignment or transfer.

13. Waiver. No waiver by a Party of any provision of this Agreement shall be considered a
waiver of any other provision or any subsequent breach of the same or any other provision of this Agreement. The exercise by a Party of any remedy provided in this Agreement or at law shall not prevent the exercise by that Party of any other remedy provided in this Agreement or at law.

14, ; y t i d i l a v n iSeverability . If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

16. Construction. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of the Parties. The Parties agree that since they
participated in the drafting and negotiation of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather, according to its fair meaning as a

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whole, as if all Parties have prepared it. Accordingly, the Parties hereby waive the application of any law, statute or rule of construction stating or interpreting that any ambiguities are to be resolved against the drafting Party, including, without limitation, California Civil Code Section 1654.

17. Third Party Beneficiary. There are no Third Party Beneficiaries to this Agreement.
IN WITNESS WHEREOF, the parties have agreed to the above responsibilities.
CITY OF LIVINGSTON

BY: DATE:

Victoria Lewis

Interim City Manager

BY: DATE:

Antonio Silva
City Clerk

APPROVED AS TO FORM:

BY: DATE:

Jose Sanchez
City Attorney

MERCED UNION HIGH SCHOOL DISTRICT

BY: DATE:

Raynee Daley

Deputy Superintendent

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