MOU for GUSD SRO (2024).pdfMEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE GILROY UNIFIED
SCHOOL DISTRICT AND THE CITY OF GILROY FOR SCHOOL RESOURCE
OFFICERS
This MEMORANDUM OF UNDERSTANDING (MOU) (the “Agreement”) is entered into on
3/18/2024 (the “Effective Date”) by and between the Gilroy Unified School District (the
“GUSD”) and the City of Gilroy (the “City”) (which may be referred to hereinafter individually
as a “Party” and collectively referred to hereinafter as the “Parties”) to provide fiscal support for
the School Resource Officers (the “SROs”) assigned to GUSD.
RECITALS
WHEREAS, the Parties desire to place two (2) SROs in service to the GUSD; and
WHEREAS, the Parties have agreed to enter into this Agreement for the purpose of
sharing the cost of two (2) SRO positions for the GUSD 2024-2025 fiscal year; and
WHEREAS, GUSD agrees to reimburse the City for its share of the cost, and the purpose
of this Agreement is to provide the duties and obligations of both Parties related to these SRO
positions, and the terms and conditions for GUSD’s reimbursement to the City; and
NOW THEREFORE, in consideration of the foregoing recitals, and the covenants and
conditions contained herein, the Parties hereto agree as follows:
PURPOSE
The parties agree that there are six primary purposes for having police services on school
campuses. They are to:
1.Maintain a safe and secure campus for both students and staff;
2.Preserve life and property in a manner which promotes community;
3.Develop positive relationships with students, staff, and the community;
4.Support GUSD staff in securing and transporting of prohibited confiscated items
that are illegal to have on campus under California State law;
5.Divert youth away from the criminal justice system through restorative justice
programming;
6.Connect youth with mental health behavior services.
1.Obligation of the Parties.
a.City: The City shall provide the GUSD with two (2) SROs during the 2024-2025
regular school year and with one (1) SRO during the 2024-2025 summer session. SRO’s shall
attend Restorative Justice and Positive Behavioral Training.
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i. During the regular school year, each SRO will be assigned to one of the
two high schools located in Gilroy - Christopher High School or Gilroy High School, and will be
primarily responsible for performing duties and obligations at the high school to which they are
assigned, as well as the “feeder” middle and elementary schools associated with it.
ii. During the regular school year, the SROs will provide coverage for each
other, as needed, including without limitation, performing SRO duties at the school(s) for which
the other officer is primarily responsible if the SRO primarily assigned to the school(s) is absent
from work or preoccupied for an extended or indefinite period of time with a matter or matters
that may require his or her immediate and full attention.
iii. Consistent with their regular schedules when performing their general
Gilroy Police officer duties, the SROs will each work a 4/10 plan. This means that each SRO
will work for ten (10) hours per day, four (4) days per week. During the regular school year,
their SRO schedules will be staggered so that every weekday will have at least one SRO
providing coverage.
iv. The City will provide funding for the two (2) SROs salary throughout the
GUSD 2024-2025 fiscal year, and will send an invoice to GUSD for its 50% share of the cost for
the SROs at the end of the GUSD 2024-2025 fiscal year.
v. Should the employment of either or both of the SROs be terminated during
the 2024-2025 school year, the City will provide substitute officers.
vi. The City shall involve the current GUSD superintendent or designee in the
process of interviewing and selecting SRO candidates.
vii. Any published job description for the SRO shall state bilingual in Spanish
candidates are preferred.
b. GUSD: GUSD shall reimburse the City for 50% of each officer’s full annual
salary for the 2024-2025 GUSD fiscal year (12 months), as calculated by the City, including the
cost of any related benefits. GUSD agrees and understands that SROs are entitled to certain
contractual rights pursuant to their collective bargaining agreement with the City, including,
without limitation, employee breaks and paid time off. GUSD shall not interfere with or prevent
the exercise of these rights. GUSD shall also provide Restorative Justice and Positive Behavioral
training to the SROs.
2. Term. The term (the “Term”) of this Agreement will commence as of the Effective Date
and will continue in effect through the GUSD 2024-2025 fiscal year, unless sooner terminated in
accordance with the termination provisions provided in paragraph 6, below. Should the GUSD
determine that it has sufficient funding to share the cost of the SRO officers for the 2025-2026
school year and desire to renew its commitment to share the cost of such positions, the GUSD
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must provide notice to the City by April 30, 2025. The City may at its sole discretion extend this
Agreement through the 2025-2026 fiscal year, after determining that the City has the funds to
cover its share of the cost of such positions.
3. Reimbursement. GUSD’s reimbursement cost is based on the salary and benefits that
each officer assigned to the GUSD would receive for performing their regular patrol duties, as
described in the cost summary in “Attachment A” to this Agreement and prorated for the actual
periods, which an SRO Officer position is assigned to the District. At the end of the Term, the
City will provide the GUSD with an invoice for the GUSD’s share of the annual cost for the two
SROs, to be paid in one lump sum payment or in multiple payments as agreed to in writing by
both Parties. Should the City provide substitute officers per paragraph 1.a. above, the GUSD’s
share of the cost will remain the same and continue to be based on the officer salaries and
benefits as calculated per “Attachment A.”
The full annual salary of the two SROs is $602,629.74. GUSD’s portion of the cost is
$301,314.87. The GUSD’s share of the cost covers the SROs’ on-campus duties and regular
patrol duties, as determined by the Gilroy Police Department, performed during the GUSD 2024-
2025 school year.
4. Relationship. The relationship of the Parties is that of independent contractors. Nothing
contained in this Agreement shall be construed to create any principal or agent relationship,
partnership, joint venture, or participation in a joint or common undertaking, between the Parties.
The SROs are not employees of the GUSD and will at all times during the term of this
Agreement remain under the direct control and command of the Gilroy Police Department. The
City and its Police Department will supply all necessary equipment for the SROs for the
performance of their SRO duties. The SROs may on an emergency basis be called away from
their on-campus duties to perform regular duties during GUSD school operational hours, as
needed.
5. Indemnification. Neither Party nor any officer, employee, official, or agent thereof is
responsible for any injury, damage or liability occurring by reason of anything done or omitted to
be done by the other Party under or in connection with any work, authority or jurisdiction arising
under this Agreement. It is understood and agreed that each Party shall fully defend, indemnify
and hold harmless the other Party and all of its officers, employees, officials, or agents thereof
from all claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortious, contractual, or other theories or assertions of liability
occurring by reason of anything done or omitted to be done by the other Party, under this
Agreement.
In addition, in lieu of and notwithstanding the pro rata risk allocation, which might
otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the
Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but,
instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the parties
hereto shall fully indemnify and hold each of the other Parties, their officers, officials,
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employees, and agents, harmless from any claim, expense or cost, damage or liability imposed
for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent
acts or omissions or willful misconduct of the indemnifying Party, its officers, officials,
employees, or agents, under or in connection with or arising out of any work, authority, or
jurisdiction delegated to such Party under this Agreement. The obligations set forth in this
paragraph will survive termination and expiration of this Agreement.
6. Termination. Either Party may terminate this Agreement for cause or convenience at any
time upon giving thirty (30) days written notice to the other Party, in accordance with paragraph
7, below. Either Party’s failure to comply with the terms, conditions, or provisions of this
Agreement may be grounds for termination upon thirty (30) days written notice by the other
Party.
7. Notice. Any notices required or permitted hereunder shall be given to the appropriate
party at the address specified below or at such other address as the Party shall specify in writing.
Such notice shall be deemed given upon personal delivery; or if sent by first class mail, postage
prepaid, three (3) days after the date of mailing; or if sent by nationally recognized overnight
carrier, on the date of receipt or refused receipt by the receiving party.
City:
City of Gilroy
Attn: Jimmy Forbis
7351 Rosanna St.
Gilroy, CA 95020
GUSD:
Gilroy Unified School District
Attn: __________
7810 Arroyo Circle
Gilroy, CA 95020
8. Amendment. This Agreement may be amended only by mutual, written agreement
executed by both Parties.
9. No Assignment. Neither this Agreement nor any portion shall be assigned by either Party,
without prior written consent of the other Party.
10. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless
continue in full force without being impaired or invalidated in any way, except that if any of the
obligations of the parties under paragraph 1, above, should be determined to be invalid, void, or
unenforceable, then this Agreement shall terminate upon such final determination.
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Anisha Munshi
11. No Third Party Beneficiary. This Agreement shall not be construed or deemed to be an
agreement for the benefit of any third party or parties, and no third party or parties will have any
claim or right of action hereunder for any cause whatsoever.
12. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to the conflict of laws
provisions of any jurisdiction. The exclusive jurisdiction and venue with respect any and all
actions or disputes arising out of this Agreement shall be in State and Federal courts located in
Santa Clara County, California.
13. Counterparts. This Agreement may be signed in counterparts, each of which shall be
deemed to be an original, but all of which taken together, shall constitute one and the same
agreement.
14. Waiver. No waiver by either Party of any breach, default, or violation of any term,
warranty, representation, agreement, covenant, condition, or provision hereof shall constitute a
waiver of any subsequent breach, default, or violation of the same or any other term, warranty,
representation, agreement, covenant, condition, or provision thereof. All waivers must be in
writing and signed by the Party against whom enforcement of the waiver is sought. All remedies
are cumulative, and the election to pursue less than all remedies shall not be a waiver of the right
to pursue any remedy.
15. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the entire
Agreement between the Parties and supersedes any previous agreement, oral or written.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
year first written above.
ATTEST: CITY OF GILROY
______________________________ ______________________________
City Clerk City Administrator
APPROVED AS TO FORM: GILROY UNIFIED SCHOOL DISTRICT
______________________________ ______________________________
City Attorney District Superintendent
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________
District Clerk District General Counsel
DocuSign Envelope ID: 4B4753B0-8DF5-4BAA-97AD-4C7181CA79DB
Gilroy Police Department
School Resource Officer Program
Position:
Year:
EmplID: 873741 EmplID: 808814
Calculation Type Annual Annual
FTE 1 1
Total Regular Hours 2,080.00 2,080.00
Total Base Salary 135,904.54 135,904.54
Total Benefits 162,012.83 168,807.83
Total Employee Cost 297,917.37 304,712.37
Grand Total Employee Cost 602,629.74
50% Salary & Benefits 148,958.69 152,356.19
Gilroy Unified School District 301,314.87
Attachment A
Police Officer
Fiscal Year 2024-2025
DocuSign Envelope ID: 4B4753B0-8DF5-4BAA-97AD-4C7181CA79DB