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CC - Item 6E - School Resource Officer Program FundingROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER,�,O . DATE: May 14, 2019 SUBJECT: SCHOOL RESOURCE OFFICER PROGRAM FUNDING SUMMARY The City currently contracts with the Los Angeles County Sheriffs Department for a Special Assignment Deputy that is assigned to Rosemead High School as a School Resource Officer (SRO). The El Monte Union High School District currently shares the cost of the SRO with the City for the hours that the SRO is assigned to the School; however, the agreement must be approved by both the City and the School District. City staff has included the necessary funding in the 2019120 Budget to cover the City's portion of the agreement, which is approximately $127,740.00. DISCUSSION The SRO Program provides Rosemead High School with a law enforcement officer for 1,648 hours during the school year to serve as a resource to the students and school. The SRO acts as a buffer for students at the school, and has a unique role when compared to other staff members on the school campus. The presence of an officer provides at -risk students a tool to resolve and/or avoid conflicts which would likely occur without their presence. The cost to provide this service is approximately $255,481.00, however, the final Sheriffs Services Contract has not yet been received. The Agreement would provide for the City and the School District to each fund one-half of the total cost, which would equal $127,740.00. STAFF RECOMMENDATION That contingent upon the School Districts Board's formal approval of the cost sharing agreement, the City Council authorize the City Manager to: • Execute the cost sharing agreement with the El Monte Union High School District to fund the SRO position in the amount of $127,740.00. This would amount to one-half the costs of the SRO Deputy for 1,648 hours. AGENDA ITEM NO. 6.E City Council Meeting May 14, 2019 Page 2 of 2 FISCAL IMPACT The City's proposed 2019/20 Fiscal Year budget includes $127,740.00 for the SRO Deputy to cover the City's portion of the costs being shared with the El Monte Union High School District. In addition, the School District will remit monthly payments in the amount of $10,645.00 by the 25th day of the month prior to the 1 st day of service for the next calendar month. STRATEGIC PLAN IMPACT — None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Greg Tsujiuchi, Assistant City Manager Attachment: Agreement Attachment A School Resource Officer Service Agreement SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT SCHOOL DISTRICT: EI Monte Union High School District ADDRESS: 3537 Johnson Ave. EI Monte CA 91731 PHONE: (626) 444-9005 This AGREEMENT made and entered into this 1st day of July, 2019 by and between the City of Rosemead, hereinafter called "CITY," and the EI Monte Union High School. District hereinafter called the "DISTRICT." WITNESSETH. The parties hereby contract and agree as follows: 1. School Resource Officer. The City shall furnish, at its sole determination, to the District for the amount described in this Agreement, one full-time Los Angeles County Sheriff's Deputy to serve as a Rosemead High School Resource Officer (SRO). The City is authorized to provide a Deputy to act as an SRO pursuant to the City's Service Agreement with the County of Los Angeles Sheriff's Department. 2. School Resource Officer Program Description: First and foremost, the SRO is a full-time Sheriff for the City of Rosemead, and is at all times subject to the rules, regulations, policies and procedures of the Los Angeles County Sheriff's Department and the City's Service Agreement with the County. The Deputy provided will be selected and may be subject to change in the sole discretion of the City and County. The SRO Program provides Rosemead High School with a law enforcement officer to serve as a resource to the students and school. It is not the intention of the program to have the SRO take all police reports. Other patrol units maybe called as needed and may assist as needed with serious and complex cases. The SRO acts as a buffer for students at the school, as his/her role is unique when compared to other staff members on the school campus. His/her on campus presence provides at- risk students a tool to resolve and/ or avoid conflicts which would occur without their presence. The SRO builds the trust of many students and is routinely alerted of pending fights, drugs, and racial tension and gang conflicts. He/she carefully uses the information for crime prevention purposes and school safety. Additionally the SRO works with these at- risk students and redirects them to more positive outlets. The SRO will assist in identifying and eliminating taggers and their crews. He/she shall identify potential gang members and attempt to deter these individuals from joining gangs. The SRO will routinely share relevant information with Rosemead Team Deputies and Supervisors. Work Schedule: The SRO will work five (5) eight-hour days per week, in addition to attending specific school events such as dances, sporting events and field trips. In forming a partnership with School Resource Officer Program Agreement July 1, 2019 Page 2 of 6 Rosemead High School, the SRO and school officials will confer to tailor the specific day- to-day activities and duties of the.SRO. The SRO will be paid overtime at all events which routinely pay overtime or events where other law enforcement personnel are paid overtime. All requests for time off need to be made in advance, through the chain of command. Time off, unless an emergency, should be taken when school is not in session. In general, the SRO is to be available during the hours of school operation, with all non - school relation police department activity conducted when school is not in session. Duties of the SRO: • Serve as a positive role model and representative of the LA County Sheriff's Department. • Assist in student supervision on the school grounds and periphery. Establish rapport with students and staff members. • Serve the staff and students as a law enforcement resource. • Provide educational programs. • Assist in staff development. • Assist in the development and implementation of a School Safety Plan. • Provide emergency law enforcement service. • One -on -ane counseling with students. • Write reports and make arrests as required. • Classroom instruction. • Crisis preparedness planning. • Security audits/assessments of school campuses. • Special safety programs/presentations. • Faculty/staff in-service presentations. • Group counseling with students. • Field trip chaperone. • Parent organization presentation. Campus Activity, Duties and Responsibilities: One of the best ways of bonding with students is for the SRO to take an active part in the school's activities. Each SRO shall readily participate and/or support all school programs and events. • To increase students' understanding and respect for law enforcement through interaction on informal situations and activities. • To serve as a resource person in talks to classes, assemblies and to staff to involve him/ her in safety programs of an educations nature. • To reflect, in his/her actions, an understanding of the administrative responsibility of the school staff in resolving students' unwanted behavior. • To provide occasional patrol for the protection of students off the school grounds and between home and school. • To service the school and community as a source of information about city and community agencies involved in governmental functions (i, e., Civil defense, interpretation of State, County and City laws.) School Resource Officer Program Agreement July 1, 2019 Page 3 of 6 • To have access to routine school information such as names, addresses, and telephone numbers, Records of a more confidential nature may be shared with the SRO by the Principal or other professional person designated by the Principal. • To participate, at the discretion of the Principal, in case conferences, especially when potential delinquency is a factor. The SRO does not assume the role and function of the counselor or administrator. • To keep the Principal informed concerning apprehension of students enrolled in his/her school that may impact the school. He/she may be called upon by school Principals to verify the referral of students to law enforcement agencies or the courts. • To make referrals to community agencies other than juvenile authorities, in accordance with regular school procedures. • To take direct action to apprehend and if necessary arrest the person responsible in any situation in such a crime or serious incident is committed on school property. • To be constantly alert of new ideas to improve the SRO Program, the law enforcement effort, improve community life in general and to confer frequently with appropriate persons in the school system and in the Sheriff's Department to facilitate the development and implementation of plans for productive change. • To act in an advisory capacity to Rosemead High School in the development of the SRO Program. • To intervene in potential criminal activity to prevent crime by youth. Collaborative Activities: The following is only a partial list of some of the activities that the SRO may be involved in: • Sponsor or assist in the sponsorship of a student. • Participate in student leadership. • Coaching sports activities. • Chaperone field trips. • Red Ribbon Week activities. • Special school programs. Educational Programs: As part of his/her duties, the SRO may provide educational programs and classroom lectures. In some instances, the SRO may utilize the services of another officer or department members as a guest speaker in a presentation. The following topics are presented under the direction of the professional teaching staff. • Law Enforcement as a career. • Anti-smoking and tobacco education. Gang awareness. • Alcohol awareness. • Personal safety. • Traffic safety. • Campus safety. • Law of evidence/search and seizure. School Resource Officer Program Agreement July 1, 2019 Page 4 of 6 • Conflict resolution. • Drug awareness. • Anti -graffiti education. Chain of Command: The chain of command for the SRO is the area most open to miscommunication because the officer has to follow two sets of rules, those of the LA County Sheriff's Department as well as those of the District. While the officer is ultimately a city contract employee and an employee of the Sheriff's Department, the officer is also viewed as a staff member and must conform to the rules governing both dress code and behavior toward students. While the Rosemead High School Principal is not in the SRO's chain of command, the principal is still of great importance since the principal is ultimately responsible for all aspects of campus activities. This principal and administrative staff has the obligation to direct the SRO' s activities as well as protect the best interests of the students. Every effort should be made to accommodate all reasonable requests. The principal shall designate one school official to be the immediate contact person to serve as liaison between the school administration and the Sheriff's Department. It is the duty of the SRO to communicate their activities to the liaison. The SRO Deputy is one of the Special Assignment Officer Positions, 'under the supervision of the Rosemead Special Assignment Sergeant. 3. Compensation and Hours Provided: The maximum dollar amount for this Agreement shall be $127,740.00 for 1,648 Hours. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2019 and ending June 30, 2020. 5. Payment schedule: Payments from the District to the City shall be made monthly in the amount of ten thousand six hundred forty-five dollars ($10,645.00) to be made on the 25th day of the month prior to the 1st day of service for the next calendar month. If payment is not received prior to the 1st day of the calendar month, the SRO will not be made available until such payment is received by the City. 6. Location of Service: Location of work to be performed: Rosemead High School. 7. Termination: Either party may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 8. Hold Harmless and Indemnification: District shall comply with all applicable laws, rules, and regulations. District shall indemnify, defend (with legal counsel reasonably acceptable to City) and hold harmless City, its officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or School Resource Officer Program Agreement July 1, 2019 Page 5 of 6 other case based or asserted upon any act or omission arising out of or in any manner connected with. their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of City or its officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which City, its officers, employees, or agents possess pursuant to California Civil Code Section 2778. 9. Insurance: The City, its elected and appointed officers, employees, and agents shall be named as "additionally insured" on the District's insurance for the performance of this Agreement and the District shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. In exchange for the City providing the school resource officer services under this Agreement, the District hereby fully waives, releases and discharges the City of Rosemead and its officers, officials, employees, volunteers and agents from any and all claims, demands, causes of action, damages and liabilities related to or arising out of this Agreement. 10. Assignment: Nether the Agreement nor any duties or obligations under this Agreement may be assigned by District without the prior written consent of City. 11. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof.. Each party acknowledges that no other agreement, understanding. or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 12. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Gloria Molleda, City Manager 8838 E. Valley Boulevard Rosemead, CA 91770 If to District: Dr. Edward Zuniga, Superintendent 3537 Johnson Avenue EI Monte, CA 91731 13. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. School Resource Officer Program Agreement July 1, 2019 Page 6 of 6 14. Administration: This Agreement shall be administered by the City through its City Manager and/ or his/her designee. This Agreement shall be administered by District through its Superintendent and/ or his/her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness: whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved by: EL MONTE HIGH SCHOOL DISTRICT Approved by: Gloria Molleda Signature City Manager Attest: Name Ericka Hernandez City Clerk Approved as to Form: Rachel Richman City Attorney Title Date