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Home My WebLink About2019-11-19; City Council; Resolution 2019-241RESOLUTION NO. 2019-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2019-20 SCHOOL YEAR. WH~REAS, the City Council of the City of Carlsbad, California has determined that it is in the public's interest to approve the Memorandum of Understanding (MOU) with the Carlsbad Unified School District; and 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, the Police Department has provided the CUSD with a school resource officer (SRO) every school year since at least 1995; and WHEREAS, for the 2019-20 school year, one SRO will be assigned to Carlsbad High School for 12 months, one SRO will be assigned to Sage Creek High School for 10 months, and one SRO will be assigned to the three middle schools within CUSD for 10 months; and WHEREAS, CUSD agrees to pay for one-half the cost of three full-time police officers during the months they are assigned to the schools. 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 MOU for the School Resource Officer Program between the City of Carlsbad and CUSD for the 2019-20 school year attached hereto as Attachment A. 3. CUSD's cost-sharing payment of $206,391 will be used to reimburse the General Fund and reduce the impact of the SRO Program to the city. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor ~ IIN:I« (f p,n,:z I DeptlJ -(. BARBARA ENGLESON, City Clerk CtlJ (SEAL) ,,,,11111\\ 1111 //// //111,,,, ,:,.'''o~ CAJ:i., 1❖,, "' ,,-.,_ft<' ~~ .•·· ··-u: ~ ~" ...... ···-.. ~ % ~fai"~,--. -~Y~l ~--\~f;; ' > • / § ~ \7 !-_, : ~ ~ Ct.·· ... , ..... ,u,.... ..··· .j!:; % 'illi·•····~······~,.,. f' 1"1,,11c..lFOf\~,,,,,~ lff//////11/llil'-11' cJe,u Nov. 19, 2019 Item #12 Page 4 of 9 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. To 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 Nov. 19, 2019 Item #12 Page 5 of 9 Memorandum of Understanding 2019-2020 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 can:ipus; 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 2019-2020 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. One full-time police officer will be assigned to provide the School Resource Program at Sage Creek High School and district offices located in the City of Carlsbad. One full-time police officer will be assigned to provide the School Resource Program at Valley Middle School, Calavera Hills Middle School, and Aviara Oaks Middle School, as part of the vaping grant authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. Nov. 19, 2019 Item #12 Page 6 of 9 Memorandum of Understanding 2019-2020 School Year Page 3 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. 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 twelve months of the school year for Carlsbad High School, one-half of one full-time police officer for ten months of the school year for Sage Creek High School, and one half of one full time police officer for ten months of the school year for Valley Middle School, Calavera Hills Middle School, and Aviara Oaks Middle School. The portion funded by the District will be prorated based upon the school year at a rate of one half of the total salary of three full-time sworn police officers for a total cost of $206,391. See Exhibit A for details. This Memorandum of Understanding will be effective August 28, 2019 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 Nov. 19, 2019 Item #12 Page 7 of 9 Memorandum of Understanding 2019-2020 School Year Page 4 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. 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. Carlsbad Unified School District By: c(iJ) Title: AssistAk't 5\ie<',nTh:\0&1\T Date: ,, h. I•'\ City of Carlsbad , :,/:!__ By~/J, Mat~- Attest:__.L~~&L.~~=-,-.LJr-.a1o{ (;ome 'l Dt()"!_j {<I Barbara Engleson, City Clerk Ct"fj Approved as to form: Celia A. Brewer City Attorney By:ee_~ cJe,s.( Nov. 19, 2019 Item #12 Page 8 of 9 Memorandum of Understanding 2019-2020 School Year Page - 5 - EXHIBIT A Carlsbad Police Department SCHOOL RESOURCE OFFICER PROGRAM 2019-2020 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 93,238 Education 3,952 Overtime (@7.5% of Salary) 6,993 Holiday Pay (132 hours) 5,917 Disability & Unemployment (0.565%) 583 Retirement (21.401%) 22,259 Life Insurance (0.072%) 71 Medicare (1.45%) 1,596 Health Care 19,284 Uniform Allowance 900 TOTAL PERSONNEL COSTS 154,793 CARLSBAD SAGE CREEK MIDDLE TOTAL SRO COST ALLOCATION HIGH HIGH SCHOOLS Annual Personnel Costs 154,793 154,793 154,793 464,379 Monthly Personnel Cost 12,899.41 12,899.41 12,899.41 38,698 School Year Cost 154,793 128,994 128,994 412,781 HALF SHARE COST TO SCHOOL 77,396 64,497 64,497 206,391 *amounts are rounded to the nearest dollar Nov. 19, 2019 Item #12 Page 9 of 9