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Home My WebLink About2017-03-28; City Council; Resolution 2017-050RESOLUTION NO. 2017-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE FISCAL YEAR 2016-17 SCHOOL RESOURCE OFFICER PROGRAM EXHIBIT 1 WHEREAS, the City of Carlsbad Police Department and the Carlsbad Unified School District (CUSD) have an ongoing partnership to ensure the safety of students and staff on CUSD school campuses; and WHEREAS, toward that end, the Police Department provides the Carlsbad Unified School District with a school resource officer every school year; and WHEREAS, CUSD agrees to pay for one-half the cost of one full-time police officer for nine months of the year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the Memorandum of Understanding for the School Resource Officer Program between the City of Carlsbad and the Carlsbad Unified School District for the 2016-17 school year attached hereto as Attachment A. 3. Carlsbad Unified School District's cost-sharing payment of $52,147 will be used to reimburse the General Fund and reduce the impact of the SRO Program to the city. Item #5 March 28, 2017 Page 1 of 7 EXHIBIT 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of March, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. (SEAL) Item #5 March 28, 2017 Page 2 of 7 MEMORANDUM OF UNDERSTANDING BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD The City of Carlsbad Police Department and the Carlsbad Unified School District desire to provide a safe and secure, teaching and learning environment for all students and staff within the City of Carlsbad by protecting life and property. Ensuring the safety of students and staff on school campuses in Carlsbad is a priority to the school administration and the police department. Campus security will be enhanced by the presence of police officers that will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the police department and the youth of the community. Therefore, the Carlsbad Unified School District and the City of Carlsbad have the following expectations and agree to undertake the listed responsibilities to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY 1. To ensure student welfare portal to portal; 2. To develop procedures to handle campus safety issues; 3. To establish and follow procedures for referring police involvement; and 4. To cooperate with and support in a proactive manner the City of Carlsbad Police Department to ensure the success of programs involving students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICER'S ROLE AND RESPONSIBILITY 1. T.o provide enforcement/prevention/intervention by: • Providing a uniformed police officer presence at Carlsbad High School, Sage Creek High School, the middle and elementary schools, Carlsbad Village Academy, and district offices located in the City of Carlsbad; • Responding to all law enforcement related matters as they occur during regular school hours while the officer is on or near the above facilities and able to do so; • Documenting all incidents of crime that occur at the above facilities as per department regulations, performing the necessary follow-up investigations as Attachment A Item #5 March 28, 2017 Page 3 of 7 Memorandum of Understanding 2016-2017 School Year Page - 2 - needed to identify perpetrators of crime, and performing any follow-up on cases as deemed necessary; • Attending various sporting events and school activities as needed for proactive enforcement and interaction; • Attending parent conferences/meetings as needed. 2. To conduct criminal investigations as assigned by the supervisor of the Family Services Unit and to assist other law enforcement officers who are engaged in ongoing criminal investigations that bring them onto the school campus. 3. To work with school staff in the matters of mutual concern such as: alcohol and drug use on campus; safety of students and staff on and off campus; gang-related violence and crime; campus intrusion; and loss and/or damage to property. 4. To provide liaison in the following areas: School Attendance Review Board; point of contact for CPS visits; truancy sweeps; home visitations; district-wide critical response plan training; school safety plans; and training of school campus supervisors and noon duty personnel. C. TERM OF AGREEMENT This Memorandum of Understanding will remain in effect for the 2016-2017 public school fiscal year. Either party will have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this agreement. D. SPAN OF CONTROL/JURISDICTION One full-time police officer will be assigned to provide the School Resource Program at Carlsbad High School, Carlsbad Village Academy, and district offices located in the City of Carlsbad. Enforcement/prevention/education/training/proactive activities will take place at these facilities and at public meeting places within the community as they relate to the activities at these facilities. The officer will remain under the direction and control of the City of Carlsbad Police Department. Requests for work assignments from these facilities will be given to the Family Services sergeant of the Carlsbad Police Department, who will thereafter assess the request and direct the school resource officer to respond appropriately. Item #5 March 28, 2017 Page 4 of 7 Memorandum of Understanding 2016-2017 School Year Page - 3 - E. RESOURCE Resource and local management will be coordinated at: Carlsbad Unified School District, 6225 El Camino Real, Carlsbad, California, 92009, (760) 331-5000. City of Carlsbad Police Department, 2560 Orion Way, Carlsbad, California, 92010, (760) 931- 2100. F. COST Cost sharing will be based upon the services of one-half of one full-time police officer for nine months of the school year. The portion funded by the District will be prorated based upon the school year (nine months) at a rate of one half of the total salary of one full-time sworn police officer for a total cost of $52,147 (excluding Summer School options). See Exhibit A for details. This Memorandum of Understanding will be effective August 30, 2016 and the Carlsbad Unified School District will pay annually to the Finance Director of the City of Carlsbad the agreed amount as outlined above. If the agreement is canceled as herein permitted, the city shall return to the district the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. G. SICK/INJURY/EMERGENCY ABSENCES The City of Carlsbad Police Department will provide general law enforcement services to Carlsbad High School, the middle and elementary schools, Carlsbad Village Academy, and the district offices via the patrol division whenever the regularly assigned school resource officer is temporarily unable to provide said services due to illness, injury or emergency leave, or when called away to perform other duties that preclude the officer's presence at the school. In the event of such occurrence, calls for service will be handled based on need in relation to other demands for police services. H. CITY EMPLOYEES City employees who perform duties under this agreement are not, for any purposes whatsoever, employees of the School District. Item #5 March 28, 2017 Page 5 of 7 Memorandum of Understanding 2016-2017 School Year Page-4- I. NO RIGHTS IN THIRD PARTIES This Memorandum is not intended to benefit any third parties, create rights in favor of any third parties, or create a special relationship between any City of Carlsbad employee and any other person. J. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, the City of Carlsbad and Carlsbad Unified School District agree that each will assume the full liability imposed upon it for any of its officers, agents, or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost or expense that may be imposed upon such other party by the virtue of Sections 895.2 and 895.6 of the Government Code. City of Carlsbad Date : _ ____,_,CO'-... _._\_,_\ -_\..._3:"-\------- Attest: ~l&CQ&.:..~ Barbara Engleson, City Clerk Approved as to form: Celia A. Brewer --.---City Attor By:_~~:::::=:=====~:....__ __ _ )ll. Assist Item #5 March 28, 2017 Page 6 of 7 Memorandum of Understanding 2016-2017 School Year Page-5- EXHIBIT A Carlsbad Police Department SCHOOL RESOURCE OFFICER PROGRAM 2016-2017 Cost-Sharing Breakdown Costs are for one mid-step police officer (Step C) for one year and include only personnel costs; equipment and maintenance costs are not included. ANNUAL POLICE OFFICER PERSONNEL EXPENSES COST PER OFFICER Salary 81,476 Overtime (@7.5% of Salary) 6,111 Disability & Unemployment (1.04%) 847 Retirement (36.9%) 30,065 Life Insurance (0.16%) 130 Medicare (1.45%) 1,181 Health Care 18,547 Uniform Allowance 700 TOTAL PERSONNEL COSTS 139,057 ,. .. .......,.. ....... SRO COST ALLOCATION Annual Personnel Costs 139,057 Monthly Personnel Cost 11,588 Nine-Month Cost 104,293 HALFSHARECOSTTOSCHOOL $52,147 Item #5 March 28, 2017 Page 7 of 7