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HomeMy WebLinkAbout2018-08-21; City Council; ; Memorandum of understanding between the City of Carlsbad and Carlsbad Unified School District for the School Resource Officer Program for the 2018-19 school yearCAReview ~ ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: 8/21/18 Mayor and City Council Scott Chadwick, City Manager Cindy Anderson, Senior Management Analyst cindy.anderson@carlsbadca.gov or 760-931-2170 Memorandum of understanding between the City of Carlsbad and Carlsbad Unified School District for the School Resource Officer Program for the 2018-19 school year Recommended Action Adopt a Resolution approving a memorandum of understanding between the City of Carlsbad and Carlsbad Unified School District (CUSD) for the School Resource Officer Program for the 2018- 19 school year. Executive Summary The City of Carlsbad and CUSD have an ongoing partnership to ensure the safety of students and staff on CUSD school campuses. For the 2018-19 school year, the police department will provide CUSD with two school resource officers (SRO) during the school year. One SRO will be assigned to Carlsbad High School for twelve months, and one SRO will be assigned to Sage Creek High School for ten months. Per the agreement, CUSD will pay for one-half the cost of two full-time police officers during the months the SROs are assigned to the schools. CUSD's share is $144,397 which will be used to reimburse the General Fund. The MOU is effective from August 29, 2018 to August 29, 2019. Pursuant to Chapter 3.28 of the Carlsbad Municipal Code the City Council shall be the awarding authority for procurement of services and professional service for which the cost to the city is more than $100,000 per agreement year. Discussion The City of Carlsbad and CUSD have an ongoing partnership to ensure the safety of students and staff on CUSD school campuses. Campus security is enhanced by the presence of police officers who will interact with the students in a positive and proactive manner. Toward that end, the police department provided CUSD with one SRO every school year since at least 1995. The police department also has two additional "floater" SRO officers who provide services at other campuses throughout the city but are not specifically assigned to any schools. SRO duties include: responding to all law enforcement related matters as they occur during regular school hours while the officer is on or near the above mentioned facilities, documenting all incidents and crimes and providing follow-up investigations as needed, attending sporting events and school activities, and attending parent conference and meetings as needed. SROs will also conduct criminal investigations as assigned by the supervisor of the Family Services Unit in ongoing criminal investigations that are related to the school campus, work with school August 21, 2018 Item #3 Page 1 of 14 staff in the matters of mutual concerns on and off campus, and 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. For the 2018-19 school year, the police department will now provide CUSD with two school resource officers (SRO) during the year, to include the summer program months at Carlsbad High School. One SRO will be assigned to Carlsbad High School for twelve months, and one SRO will be ass igned to Sage Creek High School for ten months. CUSD will pay for one-half the cost of one full-time police officer for twelve months at Carlsbad High School and one-half the cost of one full-time police officer for ten months at Sage Creek High School. The annual cost for one officer is $157,523, which includes salaries and benefits, and does not include equipment and maintenance. Carlsbad Unified School District's share for 2018-19 is $144,397. The MOU is effective for the 2018-19 school year, beginning on August 29, 2018 and ending on August 29, 2019. CUSD will pay to the Finance Director_ of the City of Carlsbad through a reimbursement check at the end of the school year. Fiscal Analysis The police department budget includes $625,709 for the cost of the entire SRO Program. CUSD's cost-sharing payment of $144,397 will be used to reimburse the General Fund and reduce the impact of the SRO Program to the city. Next Steps The police department will provide two SRO officers and CUSD will be billed for $144,397 for the 2018-19 school year. Environmental Evaluation (CEQA} Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore, does not require environmental review. Public Notification The item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution 2. Redline Strikeout of MOU August 21, 2018 Item #3 Page 2 of 14 RESOLUTION NO. 2018-154 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 THE FISCAL YEAR 2018-19 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 has provided the Carlsbad Unified School District with a school resource officer every school year since at least 1995; and WHEREAS, for the 2018-19 school year, one SRO will be assigned to Carlsbad High School for twelve months, and one SRO will be assigned to Sage Creek High School for ten months; and WHEREAS, CUSD agrees to pay for one-half the cost of two 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 Memorandum of Understanding for the School Resource Officer Program between the City of Carlsbad and the Carlsbad Unified School District for the 2018-19 school year attached hereto as Attachment A. 3. Carlsbad Unified School District's cost-sharing payment of $144,397 will be used to reimburse the General Fund and reduce the impact of the SRO Program to the city. August 21, 2018 Item #3 Page 3 of 14 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 21st day of August, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. (SEAL) August 21, 2018 Item #3 Page 4 of 14 MEMORANDUM OF UNDERSTANDING BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD Attachment A 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 August 21, 2018 Item #3 Page 5 of 14 Memorandum of Understanding 2018-2019 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 2018-2019 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. 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 August 21, 2018 Item #3 Page 6 of 14 Memorandum of Understanding 2018-2019 School Year Page -3 - 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, and one-half of one full-time police officer for ten months of the school year for Sage Creek High 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 oftwo full-time sworn police officers for a total cost of $144,397. See Exhibit A for details. This Memorandum of Understanding will be effective August 29, 2018 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. August 21, 2018 Item #3 Page 7 of 14 Memorandum of Understanding 2018-2019 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. Carlsb~hool District By:~~ Title: ftssi~ta0t S¥i~ Date: 1\ l21I I~ Approved as to form: Celia A. Brewer City Attorney By:~ -Assis tam, City Attorney CityofCarlsbad w✓ By: //[/oi/; Matt Hall, Mayor DateQODDJW\ 0 >f D ID ,al01B Memorandum of Understanding 2018-2019 School Year Page -5 - EXHIBIT A Carlsbad Police Department SCHOOL RESOURCE OFFICER PROGRAM 2018-2019 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 84,578 Overtime (@7.5% of Salary) 6,343 Holiday Pay (132 hours) 5,367 Disability & Unemployment (0.565%) 501 Retirement (41.953%) 39,686 Life Insurance (0.072%) 61 Medicare (1.45%) 1,362 Health Care 18,925 Uniform Allowance 700 TOTAL PERSONNEL COSTS $157,523 CARLSBAD SAGE CREEK SRO COST ALLOCATION HIGH HIGH TOTAL Annual Pe~onnelCo~s 157,523 157,523 315,046 Monthly Personnel Cost 13,127 13,127 26,254 School Year Cost 157,523 131,270 288,793 HALF SHARE COST TO SCHOOL 78,762 65,635 144,397 August 21, 2018 Item #3 Page 9 of 14 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 stude~ts 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 EXHIBIT 2 August 21, 2018 Item #3 Page 10 of 14 Memorandum of Understanding 2018-2019 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 2018-2019 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 . 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 August 21, 2018 Item #3 Page 11 of 14 Memorandum of Unperstanding 2018-2019 School Year Page -3 - Family Services sergeant of the Carlsbad Police Depa rtment, 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-ha lf of one full-time police officer for -A--i--A-€ twelve months of the school year for Carlsbad High School, and one-half of one full- time police officer for ten months of the school year for Sage Creek High School. 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 e-n-e two full-time sworn police officers for a total cost of $53,868 $144,397 {excluding Summer School options). See Exhibit A for details. This Memorandum of Understanding will be effective August 29, 2018 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. August 21, 2018 Item #3 Page 12 of 14 Memorandum of Understanding 2018-2019 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. Carlsbad Unified School District By: ____________ _ Approved as to form: Celia A. Brewer City Attorney By: ____________ _ Assistant City Attorney City of Carlsbad By: _____________ _ Matt Hall, Mayor Attest: ~~~~~~~~~~~ Barbara Engleson, City Clerk August 21, 2018 Item #3 Page 13 of 14 Memorandum of Understa nding 2018-2019 School Ye ar Page -5 - EXHIBIT A Carlsbad Police Department SCHOOL RESOURCE OFFICER PROGRAM 2018-2019 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 GGS+ Pi;;R Ql=l=IG!;;R COST PER OFFICER Salary 84,§72: 84,578 Overtime (@7.5% of Salary) ~ 6,343 Holiday Pay (132 hours) ¥&+ 5,367 Disability & Unemployment (0.565%) gµ 501 Retirement (42.78%) 39,1:93 39,686 Life Insurance (0.072%) &.1 61 Medicare (1.45%) ±,-3% 1,362 Health Care ±8,§4+ 18,925 Un iform Allowance .:;zoo 700 TOTAL PERSONNEL COSTS ,1~6,686 $157,523 GARbSBAQ CARLSBAD SAGE CREEK SRO COST ALLOCATION YNll=l!;;Q HIGH HIGH TOTAL Annual Personnel Costs l§€i,€i8€i 157,523 157,523 315,046 Monthly Personnel Cost 13,Q§:;z 13,127 13,127 26,254 Nine-Month Cost H+,§1:4 157,523 131,270 288,793 78,762 65,635 144,397 HALF SHARE COST TO SCHOOL $~8,~7 August 21, 2018 Item #3 Page 14 of 14