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Staff Report - School Resource Officer with attachments PREPARED BY: Heather St. John Senior Administrative Analyst 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: 11/01/2022 ITEM NO: 4 DATE: October 20, 2022 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute a Two-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 October 1, 2022 through June 30, 2024, and Approve a Revenue Budget Increase in the Amount of $46,738.75 to Match the Proposed Agreement Term and Agreement Amount RECOMMENDATION: Authorize the Town Manager to execute a two-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 October 1, 2022 through June 30, 2024, and approve a revenue budget increase in the amount of $46,738.75 to match the proposed agreement term and agreement amount. BACKGROUND: Since 2008, the Town of Los Gatos, the Los Gatos-Saratoga Union High School District (LGSUHSD), and Los Gatos Union School District (LGUSD) have participated in an agreement for one School Resource Officer (SRO) that works in the local schools with the costs shared between the two school districts and the Town. With school closures due to COVID-19 subsiding, in June 2021, LGSUHSD 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 with reduced SRO services and cost sharing to both School Districts. PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a Two-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 October 1, 2022 through June 30, 2024 DATE: October 20, 2022 BACKGROUND (continued): The one- year cost sharing agreement allocated 18% to Los Gatos-Saratoga Union High School, 7% to Los Gatos Union Elementary School District, and 75% to the Town of Los Gatos. This agreement expired June 30, 2022. The one-year agreement allowed all involved parties an opportunity to evaluate the revised scope of work, adjusted cost sharing, and reduced SRO service levels. Prior to 2021, SRO agreements consisted of cost sharing for one SRO at 50% Town of Los Gatos, 36% LGSUHSD District, and 14% LGUSD. 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 remain unchanged: to promote and focus on campus and student safety while building community relationships and maintaining a healthy learning environment. In September of 2022, after further review and evaluation by all the involved parties, it was determined that a revision to the previous year agreement for SRO services was necessary to maintain efficiencies and priorities of the SRO Program. All parties agreed to return to the cost sharing agreement of 50% Town of Los Gatos, 36% LGSUHSD District, and 14% LGUSD. On October 11, 2022, and on October 13, 2022, Los Gatos-Saratoga Union High School District Board of Trustees and Los Gatos Union School District Board of Trustees respectively unanimously approved the attached proposed two-year SRO cost sharing agreement. 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 October 1, 2022, through June 30, 2024, and to approve a revenue budget increase in the amount of $46,738.75 to match the proposed agreement term and agreement amount. PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a Two-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 October 1, 2022 through June 30, 2024 DATE: October 20, 2022 FISCAL IMPACT: The fiscal impact is summarized in the table below. Based on the SRO restructured cost sharing agreement, a budget adjustment of $46,738.75 in increased revenue is requested. The Fiscal Year 2022/23 revenue is offset by three months and prorated based on an agreement start date of October 1, 2022. The agreement is for one full-time equivalent Sworn Officer position including salary and benefits. Upon execution of this agreement and reimbursement from the Los Gatos-Saratoga Union High School District and the Los Gatos-Saratoga Union School District, the Town will be responsible for 50% of the one full-time equivalent SRO position. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. SRO Services Agreement for October 1, 2022 Through June 30, 2024 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 4 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 1st day of October 2022 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 1, 2022 and remain in effect until June 30, 2024. 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. NOW, THEREFORE in consideration of the recitals and mutual promises contained herein, the Parties agree 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 4 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 All Parties agree to provide funding for the school resource officer on an annual basis, to cover expenses including salary and benefits. Fiscal year 2022/2023 is prorated three months based on LOS GATOS UNION and HIGH SCHOOL DISTRICT payments beginning October 1, 2022. All Parties shall contribute toward the total overall cost of the School Resource Officer as follows: FY 22/23 & 23/24 SRO COST SHARING AGREEMENT FY 22/23 FY 23/24 HIGH SCHOOL DISTRICT 36% $89,504.46 (9 months) $119,339.28 LOS GATOS UNION 14% $34,807.29 (9 months) $46,409.72 TOWN 50% $207,186.25 (12 months) $165,749.00 Total $331,498.00 331,498.00 2.7 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. III. INSURANCE AND INDEMNIFICATION 3.1 Mutual indemnification. Each Party agrees to indemnify, hold harmless, and defend the other Parties, their elected and appointed officials, employees, and agents, from any and all liabilities, claims, or losses of any nature, including attorney fees, to the extent caused by, arising out of, or in connection with, the indemnifying Party’s acts or omissions pursuant to this Agreement.. 3.2 Each party to the agreement will hold all other parties harmless. School Resource Officer Services ATTACHMENT 1 Page 3 of 4 IV. TERM AND TERMINATION OF AGREEMENT 4.1 This Agreement shall take effect October 1, 2022 and remain in effect through June 30, 2024, 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: Jamie Field, Police Chief 110 E. Main Street Los Gatos, CA 95030 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 4 of 4 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 ____________________________________ Bill Sanderson Los Gatos-Saratoga Union High School District Superintendent FOR THE TOWN OF LOS GATOS: Laurel Prevetti, Town Manger Recommended by: ____________________________________ Jamie Field, Chief of Police Approved as to Form: Gabrielle Whelan, Town Attorney Attest: Wendy Wood, CMC, Town Clerk 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. • SRO will work four days/week, 10 hour/days from 0700-1700 hours. • SRO work week will be Tuesday to Friday, unless otherwise directed. ATTACHMENT 2 • SRO will be assigned to dedicated SRO duties and presence at the schools. 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. • Any additional work outside the allotted 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 administration of these services. Therefore, student records shall be kept confidential in accordance with all applicable laws and professional standards.