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HomeMy WebLinkAbout2008-10-07; City Council; 19596; MOU Carlsbad Unified School DistrictCITY OF CARLSBAD - AGENDA BILL AB# 19,596 MTG. 10/07/08 DEPT. POL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM DEPT. HEAL)^ CITY ATTY. ^g^ CITY MGR. Uy^ RECOMMENDED ACTION: Adopt Resolution No.2008-281 approving the Memorandum of Understanding cost-sharing agreement between the City of Carlsbad and Carlsbad Unified School District for the School Resource Office ("SRO") Program for the school year of 2008-09. ITEM EXPLANATION: The City has agreed to provide the Carlsbad Unified School District with the SRO Program for the 2008-09 school year. The school district has agreed to pay for one-half the costs of the program. The total cost for three officers for the nine-month period is $262,116; Carlsbad Unified School District's share is $131,058. FISCAL IMPACT: The Police Department budgets for the cost of the entire SRO Program. Therefore, the School District's cost-sharing payment of $131,058 will be used to reimburse the General Fund and reduce the impact of the SRO Program to the City. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guideline section 15738, this does not constitute a "project" within the meaning of CEQA and therefore, does not require an environmental review. EXHIBITS: 1. Resolution No.2008-281 approving the 2008-09 Memorandum of Understanding for the SRO Program between the City of Carlsbad and the Carlsbad Unified School District. 2. Carlsbad Unified School District Memorandum of Understanding. DEPARTMENT CONTACT: Gary Spencer 760-931-2149 gspen@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED Ef D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D \ Exhibit 1 1 RESOLUTION NO. 2008-281 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 4 2008-09 MEMORANDUM OF UNDERSTANDING FOR THE SRO PROGRAM BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL 6 DISTRICT 7 8 WHEREAS, the City of Carlsbad has agreed to provide the Carlsbad Unified 9 School District with the School Resource Officer ("SRO") Program for the school 10 year of 2008-09; and 11 WHEREAS, the Carlsbad Unified School District has agreed to pay for one- 13 half the cost of the SRO Program. 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 15 Carlsbad, California, as follows: 16 „ 1. That the above recitations are true and correct. 17 2. That the Memorandum of Understanding for the SRO Program between18 1Q the City of Carlsbad and the Carlsbad Unified School District is hereby approved. 20 3. That the Mayor of the City of Carlsbad is hereby authorized and directed 21 to execute said agreement for and on behalf of the City of Carlsbad, California. 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of October, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. i-DE A LEWIS, Mayor ATTEST: lORRAINEl/l. WOOOCity Clerk' <SEAL> MEMORANDUM OF UNDERSTANDING BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD . The 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, 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; Memorandum of Understanding Page 2 • Documenting all incidents of crime that occur at the above facilities as per department regulations, performing the necessary follow-up investigations as 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; Lions Quest leadership team; 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 2008-2009 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 Three full-time police officers will be assigned to provide the School Resource Program at Carlsbad High School, the middle and elementary schools, 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 officers will remain under the direction and control of the 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(s) to respond appropriately. Memorandum of Understanding 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, 92008, (760) 931-2149.. F. COST Cost sharing will be based upon the services of three full-time police officers 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 three full-time sworn police officers for a total cost of $131,058.00 (excluding Summer School options). See Exhibit A for details. This Memorandum of Understanding will be effective July 1, 2008, 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, 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 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. Memorandum of Understanding 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. Carlsbad Unified School District By:. Title: Date: Approved as to form: Ronald R. Ball City Att ClaVde A. Lewis, Mayor Date: Attest:. Lorraine M. Wood, City Clerk Deputy City Attorney EXHIBIT A Carlsbad Police Department SCHOOL RESOURCE OFFICER PROGRAM 2008/2009 Cost-Sharing Breakdown Costs are for one mid-step police officer for one year and include only personnel costs; equipment and maintenance costs are not included. Salary 68,686 Overtime (@ 7.5% of salary)5,151 Retirement 27,906 Medicare 996 Life/ADD Insurance 358 Health Insurance 12,288 Disability & Unemployment 405 Uniform Allowance 700 TOTAL PERSONNEL COSTS $116,490 -'-:'j - ^ .- ^tO.*bb3t f&A^^i Annual Personnel Costs $116,490 Monthly Personnel Cost 9,708 Nine-Month Cost 87,372 HALF SHARE COST TO SCHOOL DISTRICT $43,686 Includes employee contract increase effective 1/1/09.