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Staff Report.Item #7 - School Resource Officer Services Agreement PREPARED BY: Clinton Tada Interim Police Chief Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 09/21/2021 ITEM NO: 7 DATE: September 15, 2021 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute a One-Year Agreement with Los Gatos-Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the Period Starting July 1, 2021 through June 30, 2022 to Include: a. Application of existing Fiscal Service Credits to Los Gatos-Saratoga High School District and Los Gatos Union School District, and b. Implementation of a Revised Monthly Payments and Scope of Services within this Agreement Beginning in December 2021 for Los Gatos- Saratoga High School District and March 2022 for Los Gatos Union School District, and c. Authorize a Revenue Budget Decrease in the Amount of $25,911.12 to Match the Proposed Agreement Amount. RECOMMENDATION: Authorize the Town Manager to execute a one-year agreement with Los Gatos-Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the period starting July 1, 2021 through June 30, 2022 to include: a. Application of existing fiscal service credits to Los Gatos-Saratoga High School District and Los Gatos Union School District, and b. Implementation of the revised monthly payments and scope of services within this agreement beginning in December 2021 for Los Gatos-Saratoga High School District and March 2022 for Los Gatos Union School District, and c. Authorize a revenue budget decrease in the amount of $25,911.12 to match the proposed agreement amount. BACKGROUND: Since 2008 the Town of Los Gatos, Los Gatos-Saratoga Union High School District, and Los Gatos Union Elementary School District have participated in a cost sharing agreement for the services of one full-time School Resource Officer (SRO) shared amongst all parties. PAGE 2 OF 5 SUBJECT: Authorize the Town Manager to execute a one-year agreement with Los Gatos- Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the period starting July 1, 2021 through June 30, 2022 DATE: September 15, 2021 BACKGROUND (continued): Previous cost sharing agreements for one full-time SRO was 50% Town of Los Gatos, 36% Los Gatos-Saratoga Union High School District, and 14% Los Gatos Union Elementary School District. On July 1, 2019, the Los Gatos -Saratoga Union High School District, Los Gatos Union Elementary School District, and Town of Los Gatos entered into a two-year SRO services agreement. In March 2020, the County of Santa Clara Public Health Department declared a “Shelter in Place Order,” which temporarily shut down California public schools due to the COVID-19 pandemic. The order remained in effect for on campus learning through April 2021 and negated the need and use of services for the SRO during that time period. In November 2020, the Town initiated a fiscal service credit to Los Gatos-Saratoga Union High School District and Los Gatos Union Elementary School District for monthly payments received during the school closure. Los Gatos-Saratoga Union High School District received a fiscal credit in the amount of $37,052.31 for payments made between March 2020 and July 2020. Los Gatos Union Elementary School District received a fiscal credit in the amount of $24,315.45 for payments made between March 2020 and October 2020. These credits were intended to be applied when SRO services resumed under the existing agreement (in FY 20/21) or when a revised agreement could be established. Due to limited return of in-person learning in FY 20/21, SRO services were significantly reduced for the remainder of the SRO agreement through June 30, 2021. The application of fiscal monthly credits to both Los Gatos-Saratoga Union High School District and Los Gatos Union Elementary School District began on July 1, 2021 with full SRO services under the previous expired agreement. In June 2021, Los Gatos-Saratoga Union High School District and Town Staff collaborated in a work session of future SRO services with the consideration of incorporating a refined scope of work and a new service agreement at a reduction in cost sharing to both Los Gatos-Saratoga Union High School District and Los Gatos Union Elementary School District. The proposed cost sharing for this one-year agreement with reduced SRO services is 75% Town of Los Gatos, 18% Los Gatos-Saratoga Union High School District, and 7% Los Gatos Union Elementary School District. The revised monthly payment schedule and SRO scope of services (“Exhibit A” of this agreement) will be incorporated when all remaining credits have been exhausted. PAGE 3 OF 5 SUBJECT: Authorize the Town Manager to execute a one-year agreement with Los Gatos- Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the period starting July 1, 2021 through June 30, 2022 DATE: September 15, 2021 DISCUSSION: The Los Gatos-Monte Sereno Police Department and school districts have maintained a strong community partnership through open communication with students, staff, and school administration. The Department continues to foster the tradition of the SRO program while being adaptable to change to ensure campus and student safety within the schools. The goals for the SRO program continue to promote and focus on campus and student safety while building community relationships and maintaining a healthy learning environment. This one-year SRO agreement provides the ability for the Town to apply fiscal credits beginning in July 2021 for payments received under the previous agreement and incorporate the revised service agreement for remaining months (upon exhaustion of all credits). In addition, this one- year agreement allows staff and all involved parties an opportunity to evaluate the revised scope of work, cost sharing adjustments, and SRO service level under this proposed agreement through June 30, 2022. On September 14, 2021, Los Gatos-Saratoga Union High School District Board of Trustees unanimously approved this one-year pilot SRO agreement with the revised scope of services. CONCLUSION: Staff recommends Town Council authorize the Town Manager to execute an agreement with Los Gatos-Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the period starting July 1, 2021 through June 30, 2022 to include: a. Application of FY 20/21 fiscal service credits to Los Gatos-Saratoga High School District and Los Gatos Union School District and b. Implementation of the revised monthly payments and scope of services within this agreement beginning in December 2021 for Los Gatos-Saratoga High School District and March 2022 for Los Gatos Union School District. A budget adjustment is also needed as discussed in more detail below. FISCAL IMPACT: During the County of Santa Clara Public Health order “Shelter in Place Order” the Town received revenue for SRO services in the amount of $37,052.51 from Los Gatos-Saratoga Union High School District, and $24,315.45 from Los Gatos Union Elementary School District, for a total of $61,367.96. These funds will be applied as a credit toward SRO services beginning July PAGE 4 OF 5 SUBJECT: Authorize the Town Manager to execute a one-year agreement with Los Gatos- Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the period starting July 1, 2021 through June 30, 2022 DATE: September 15, 2021 FISCAL IMPACT (continued): 1, 2021 until all credits expire. A revised cost-sharing service agreement for SRO services for Council consideration is proposed in the draft agreement. Based on the SRO service credits and the restructured fiscal cost sharing agreement a budget adjustment of $25,911.12 in decreased revenue is also requested. PAGE 5 OF 5 SUBJECT: Authorize the Town Manager to execute a one-year agreement with Los Gatos- Saratoga Union High School District and Los Gatos Union Elementary School District for School Resource Officer Services for the period starting July 1, 2021 through June 30, 2022 DATE: September 15, 2021 ENVIRONMENTAL ASSESSMENT: This is not a project as defined under CEQA, and no further action is required. Attachments: 1. SRO Services Agreement for July 1, 2021 Through June 30, 2022 2. SRO Scope of Work – “Exhibit A” to SRO Services Agreement This Page Intentionally Left Blank School Resource Officer Services ATTACHMENT 1 Page 1 of 6 AGREEMENT BETWEEN THE LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT, LOS GATOS UNION ELEMENTARY SCHOOL DISTRICT, AND THE TOWN OF LOS GATOS FOR SCHOOL RESOURCE OFFICER SERVICES This contract is dated for identification this ____ day of September 2021 and is made by and between the LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT, (hereinafter "HIGH SCHOOL DISTRICT"), the LOS GATOS UNION SCHOOL DISTRICT (hereinafter "LOS GATOS UNION") and the TOWN OF LOS GATOS (hereinafter "TOWN"), a California General Law City. HIGH SCHOOL DISTRICT, LOS GATOS UNION, and TOWN may be referred to as "Party" or "Parties'' in this Agreement. This agreement shall take effect on October ____, 2021 and remain in effect until June 30, 2022. I. RECITALS 1.1 HIGH SCHOOL DISTRICT, LOS GATOS UNION, and TOWN desire to continue the formalized relationship and joint cooperative effort for a shared funding strategy between the participating entities for school resource officer services. The School Resource Officer Program (SRO) aims to foster an efficient and cohesive program building positive relationships between law enforcement and the youth of our community. 1.2 HIGH SCHOOL DISTRICT, LOS GATOS UNION and TOWN, NOW, THEREFORE in consideration of the recitals and mutual promises contained herein it is agreed as follows: II. AGREEMENTS 2.1 The Los Gatos-Monte Sereno Police Department shall assign one (1) sworn law enforcement officer to serve as SRO based on the “SRO Scope of Work” (contained in “Exhibit A”) and specified hours of service agreed upon within this agreement. The Los Gatos-Monte Sereno Police Department shall retain the exclusive right to exercise the customary functions of management. The Los Gatos-Monte Sereno Police Department reserves the right to remove the SRO at any time if Police Department staffing levels fall below acceptable norms. 2.2 The day-to-day operation and administrative control of the SRO Program will be the responsibility of the Police Department. Responsibility for the conduct of the SRO, both personally, and professionally, shall remain solely with the Los Gatos-Monte Sereno Police Department. The SRO is employed and retained by the Los Gatos-Monte Sereno Police Department, and in no event will be considered an employee of the respective entities. 2.3 The Police Department and the School District shall each name a contact person who will monitor the program. Each principal will designate a contact person for the school to facilitate communication. 2.4 Under this framework, the SRO is first and foremost a law enforcement officer for the providing law enforcement agency. The SRO shall be responsible for carrying out all duties and responsibilities of a law enforcement officer and shall always remain under the control, through the chain of command, of the law enforcement agency. All acts of commission or omission shall conform to the guidelines of the providing law enforcement agency directives. School Resource Officer Services ATTACHMENT 1 Page 2 of 6 School officials should ensure that non-criminal student disciplinary matters remain the responsibility of school staff and not the SRO. Enforcement of the code of student conduct is the responsibility of teachers and administrators. The SRO shall refrain from being involved in the enforcement of disciplinary rules that do not constitute violations of law, except to support staff in maintaining a safe school environment. 2.5 The “SRO Scope of Work” is attached in “Exhibit A” of this agreement which covers specified SRO services provided, SRO hours of service, and SRO other duties and responsibilities while not serving under this agreement. 2.6 Due to the 2019/20 and 2020/21 COVID-19 pandemic which resulted in the temporary closure of the HIGH SCHOOL DISTRICT and LOS GATOS UNION, the TOWN and said parties of this agreement agreed upon a credited amount for non-services during the pandemic. This credit was carried over by TOWN past June 30, 2021 (at the termination of the previous agreement) and were applied for SRO services beginning in July 2021(FY 21/22). Monthly credited amounts will be applied to this revised agreement for SRO services. Effective July 1, 2021, monthly credits (in the table below) for HIGH SCHOOL DISTRICT and LOS GATOS UNION will be applied as monthly payments until all credits are exhausted. During this time, TOWN agrees to provide full-time SRO services for credited months, consistent with the previous SRO agreement. HIGH SCHOOL DISTRICT MONTHLY CREDIT PAYMENTS FOR FY 21/22 DATE INV# BILLED PAID CUSTOMER FY 20/21 CREDIT AMOUNT FY 21/22 CREDITED MONTHLY PAYMENTS Jul-20 5900000395 $8,426.69 $(8,233.89) LGSUHSD $8,233.89 Jul-21 Jun-20 5900000391 $8,233.89 $(8,233.89) LGSUHSD $8,233.89 Aug-21 May-20 5900000388 $8,233.89 $(8,233.89) LGSUHSD $8,233.89 Sep-21 Apr-20 5900000385 $8,233.89 $(8,233.89) LGSUHSD $8,233.89 Oct-21 Mar-20 5900000382 $8,233.89 $(8,233.89) LGSUHSD $4,116.95 Nov-21 TOTAL CREDITED AMOUNT $37,052.51 LOS GATOS UNION MONTHLY CREDIT PAYMENTS FOR FY 21/22 DATE INV# BILLED PAID CUSTOMER FY 20/21 CREDIT AMOUNT FY 21/22 CREDITED MONTHLY PAYMENTS Oct-20 5900000404 $3,277.05 $(3,277.05) LGUSD $3,277.05 Jul-21 Sep-20 5900000402 $3,277.05 $(3,277.05) LGUSD $3,277.05 Aug-21 Aug-20 5900000399 $3,277.05 $(3,277.05) LGUSD $3,277.05 Sep-21 Jul-20 5900000396 $3,277.05 $(3,277.05) LGUSD $3,277.05 Oct-21 School Resource Officer Services ATTACHMENT 1 Page 3 of 6 Jun-20 5900000392 $3,202.07 $(3,202.07) LGUSD $3,202.07 Nov-21 May-20 5900000389 $3,202.07 $(3,202.07) LGUSD $3,202.07 Dec-21 Apr-20 5900000386 $3,202.07 $(3,202.07) LGUSD $3,202.07 Jan-22 Mar-20 5900000383 $3,202.07 $(3,202.07) LGUSD $1,601.04 Feb-22 TOTAL CREDITED AMOUNT $24,315.45 2.7 All Parties agree to provide funding for the school resource officer on an annual basis, to cover expenses including salary and benefits. All Parties shall contribute toward the total overall cost of the School Resource Officer as follows: FY 21/22 COST SHARING (TOTAL COMPENSATION OF SRO) SCHOOL YEAR FY 21/22 HIGH SCHOOL DISTRICT 18% $52,535.52 LOS GATOS UNION 7% $20,430.48 TOWN 75% $218,898.00 Total $291,864.00 2.8 Beginning the first calendar day of the month following the last monthly credit applied for HIGH SCHOOL DISTRICT and LOS GATOS UNION, all Parties agree that the revised cost sharing agreement and scope of services will be implemented, based on the FY 21/22 total compensation of the SRO. HIGH SCHOOL DISTRICT and LOS GATOS UNION agree to pay the revised following monthly installments upon exhaustion of all monthly credits in FY 21/22. Below is a breakdown of the revised cost sharing monthly payment installments for the remainder of FY 21/22 based on the FY 21/22 Cost Sharing (Total Compensation of SRO) above. FY 21/22 MONTHLY INSTALLMENTS (After Credit Adjustments) HIGH SCHOOL DISTRICT (18%) LOS GATOS UNION (7%) December 2021 $4,377.96 CREDIT APPLIED January 2022 $4,377.96 CREDIT APPLIED February 2022 $4,377.96 CREDIT APPLIED March 2022 $4,377.96 $1,702.54 April 2022 $4,377.96 $1,702.54 May 2022 $4,377.96 $1,702.54 June 2022 $4,377.96 $1,702.54 2.9 The TOWN will present an annual report to the Boards of Trustees of LOS GATOS UNION and the HIGH SCHOOL DISTRICT by the end of the school year, or as soon as possible following the school year. This report will inform the Boards about services provided to the LOS GATOS UNION and HIGH SCHOOL DISTRICT throughout the year, both on site at the elementary, middle school, High School and in the neighboring community. This report will be presented by the Chief of Police or Designee and the School Resource Officer. School Resource Officer Services ATTACHMENT 1 Page 4 of 6 III. INSURANCE AND INDEMNIFICATION 3.1 None of the respective Parties, their respective Boards, board members, Town Councils, council members, employees, officers, agents and assigns shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by other parties arising from this Agreement. 3.2 Each party to the agreement will hold all other parties harmless. IV. TERM AND TERMINATION OF AGREEMENT 4.1 This Agreement shall take effect October 1, 2021 and remain in effect through June 30, 2022, unless terminated as set forth in this Agreement. 4.2 All parties have the right to terminate this agreement, with or without cause. The terminating party must give all other parties 60 days prior written notice thereof. 4.3 Notice of termination, in writing, may be issued by the Police Chief or Superintendents of the respective entities. If one or more schools terminate, each terminating school shall remain liable for any unpaid monthly obligation incurred prior to or after the termination through the end of that fiscal year for services rendered by the Town, pursuant to this Agreement. 4.4 This Agreement represents the entire agreement between High School District, Los Gatos Union, and Town. All prior or contemporaneous oral or written agreements by and between the parties and their agents and representatives with respect to the matters in this Agreement are revoked and extinguished by this Agreement. 4.5 No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant. 4.6 In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. 4.7 Any notices required pursuant to this Agreement shall be deemed to be properly given and mailed postage prepaid and addressed to: TOWN OF LOS GATOS Attn: Town Clerk 110 E. Main Street Los Gatos, CA 95030 With a copy to: Clint Tada, Interim Police Chief 110 E. Main Street Los Gatos, CA 95030 School Resource Officer Services ATTACHMENT 1 Page 5 of 6 LOS GATOS-SARATOGA UNION SCHOOL DISTRICT 17421 Farley Road West Los Gatos, CA 95032 LOS GATOS UNION SCHOOL DISTRICT 17010 Roberts Road Los Gatos, CA 95032 School Resource Officer Services ATTACHMENT 1 Page 6 of 6 IN WITNESS WHEREOF, this Agreement is executed by LOS GATOS-SARATOGA HIGH SCHOOL DISTRICT, LOS GATOS UNION, and LOS GATOS. APPROVED AS TO CONTENT: ___________________________________ Paul Johnson Los Gatos Union School District Superintendent ____________________________________ Michael Grove Los Gatos-Saratoga Union High School District Superintendent FOR THE TOWN OF LOS GATOS: Laurel Prevetti, Town Manger Recommended by: ____________________________________ Clinton Tada, Interim Chief of Police Approved as to Form: Robert Schultz, Town Attorney Attest: Shelley Neis, CMC, Town Clerk This Page Intentionally Left Blank ATTACHMENT 2 “EXHIBIT A” SCOPE OF WORK SCHOOL RESOURCE OFFICER (SRO) MISSION: The Los Gatos-Monte Sereno Police Department as part of the Town of Los Gatos (TOWN), HIGH SCHOOL DISTRICT, and LOS GATOS UNION, seeks to ensure an efficient and cohesive SRO program, building positive relationships between law enforcement, students, and school employees. The goal of the program is to create and maintain a safe school environment, while reducing crime and providing a law enforcement resource to school administrators, faculty, and students. SRO ROLE AND RESPONSIBILITIES: The SRO acts in accordance with the recommended National Association of School Resource Officers (NASRO) three roles of law enforcement officer, teacher, and informal counselor/mentor; however, they do not enforce academic school rules or policies or become involved with matters that are strictly related to school discipline issues. Los Gatos-Monte Sereno Police Department as part of the TOWN, HIGH SCHOOL DISTRICT, and LOS GATOS UNION have identified specific responsibilities of the SRO while serving at the schools to include: • Build collaborative working relationships with students, campus administrative staff and school faculty through positive interaction. • Provide formalized education to students and faculty on approved topics related to campus safety and preventative education related to illegal/criminal activity. • Assist school administrators with the development and deployment of campus safety and emergency response plans. • Act as a law enforcement liaison and member of the HIGH SCHOOL DISTRICT Behavioral Intervention Team (BIT) program. • When requested, attend special activities, assemblies, or programs during school hours. • Maintain law enforcement safety presence in and around school campuses related to crime deterrence and prevention, Safe Routes to School traffic safety, and promoting positive student, staff, and community interaction. SERVICE HOURS: SRO schedule will be defined in accordance with TOWN personnel rules and Police Officer’s Association Memorandum of Understanding. ATTACHMENT 2 • SRO will work four days/week, 10 hour/days from 0700-1700 hours. • SRO work week will be Tuesday to Friday, unless otherwise directed. • SRO will be assigned to dedicated SRO duties and presence at the schools for a maximum of five hours per workday, morning or afternoon. The remainder of the SRO shift hours will be allocated to the Investigations Division, where the SRO will be assigned to the investigation of Juvenile Crimes or as directed by his/her immediate supervisor. • SRO duties and on campus time shall not exceed 20 hours per work week. Any additional work outside the allotted 20 hours per week or special event presence needed by the SRO, will require HIGH SCHOOL DISTRICT and LOS GATOS UNION to reimburse TOWN at the special events officer rate per hour. • Calls for service at the campuses of HIGH SCHOOL DISTRICT or LOS GATOS UNION requiring a police response when the SRO is not on campus or on duty, shall be referred to Police Dispatch for a patrol officer response. SUPERVISION, EVALUATION, SELECTION: • The SRO position will be supervised by the Investigations Sergeant and will be assigned to the Investigations Division when not assigned to the schools as the SRO. • The SRO performance evaluations will be completed by the TOWN, SRO’s immediate supervisor, with input and feedback from HIGH SCHOOL DISTRICT and LOS GATOS UNION school representatives/liaisons. • The SRO position will be filled according to the Police Department selection process. The TOWN will make the final selection of any SRO, in consultation with the HIGH SCHOOL and LOS GATOS UNION. TRAINING: • The SRO position is considered a specialized assignment within the Police Department, requiring specialized training. • The SRO is employed by the TOWN and is entitled to approved leaves of absence, required training, and other time off in accordance with TOWN personnel rules and POA MOU. Should there be an extended break in service by the SRO for any unforeseen circumstance, TOWN will identify a temporary or permanent replacement to fulfill SRO duties. INFORMATION SHARING: • It is the understanding of the HIGH SCHOOL DISTRICT, LOS GATOS UNION, and TOWN that confidentiality and a student’s right to privacy are of the utmost importance in the ATTACHMENT 2 administration of these services. Therefore, student records shall be kept confidential in accordance with all applicable laws and professional standards.