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HomeMy WebLinkAbout4.16 MOU DUSD-Sheriff CITY CLERK FILE # 0600-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 5, 2000 SUBJECT: ATTACHMENTS: RECOMMENDATION: Memorandum of Understanding between City of Dublin, Dublin Unified School District, and Alameda County SherifFs Office Report Prepared by.' Gary L. Thuman, Chief of Police 1. Memorandum of Understanding (MOU) 2. Resolution Adopt Resolution · Provide direction to Staff regarding additional action or study, if desired. FINANCIAL STATEMENT: ,2¢,-/ First year costs are $156,542 (equipment included) and approximately $120,912 thereafter. A federal grant would provide for a maximum of $125,000 ($50,000 in year 1, $40,000, in year 2, $35,000 in year 3 in salary and benefits for each new officer over three years if the grant is awarded to the City. School District shall provide $40,000 each of the three years with the remaining costs each year to be funded by the City of Dublin. DESCRIPTION: At the June 21, 2000, City Council meeting the Council approved a Memorandum of Understanding GVIOU) between the Dublin Unified School District, the Alameda County SherifFs Office and the City of Dublin (Item 8.4). This MOU allowed the entities to seek a Federal grant to hire a new officer for Dublin Police Services that would be assigned as a SRO for the District. The grant application package was then completed and submitted. A School Resource Officer SRO) was subsequently approved in the FY 2000/2001 budget as a Higher Service Level. Since the original MOU was signed, a second MOU has been drafted and signed by the Dublin Unified School District, the Alameda County Sheriff s Office, and the City of Dublin. This MOU describes the specific financial responsibility of each of the entities and more definitively describes District and SRO responsibilities; it also provides for the selection process for the SRO. Additionally, this MOU contains indemnification clauses for each entity and allows for termination of the agreement shotrid local fiscal and budgetary conditions arise that would preclude continuation of the SRO program (Attachment 1 ). Implementation of the MOU is dependent upon receipt of grant funding. Staff recommends that the City Council adopt the Resolution and approve this second Memorandum of Understanding between the School District, the Sheriffs Office and the City. H/cc-forms/agdastmt. doc COPIES TO: ITEM No. MEMORANDUM of UNDERSTANDING Between City of Dublin, Dublin Unified School District and Alameda County Sheriff's Office The City of Dublin (City), the Dublin Unified School District (DUSD) and the Alameda County Sheriff' s Office (Sheriff) hereby enter into a partnership agreement for the purpose of maintaining a safe and secure environment for all schools in the DUSD. City, DUSD and Sheriff aim to accomplish this purpose through the establishment of a School Resource Officer (SRO). A. SCHOOL RESOURCE OFFICER GOALS 1. Address crime and disorder problems, gangs, and drug activities affecting or occurring in or around an elementary or secondary school; 2. Develop or expand crime prevention efforts for students; 3. Educate likely school-age victims in crime prevention and safety; 4. Develop or expand community justice initiatives for students; 5. Train students in conflict resolution, restorative justice, and crime awareness; 6. Assist in the identification of physical changes in the environment that may reduce crime in or around the school; 7. Assist in developing school policy that addresses crime and recommends procedural changes; and 8. Promote open communication and mutual understanding between officials/staff/students/parents of DUSD and City regarding crime intervention/prevention efforts. B. FUNDING 1. The proposed SRO is to be partially funded through the 2000 COPS in School Grant with the remaining funding to be shared by City and DUSD. It is agreed upon by both City and DUSD that the 2000 COPS in School Grant funds will not be used to supplant any current positions. 2. The Federal grant will provide a designated portion of the salary and benefits of a new officer over three years; the maximum grant funding available is $125,000. 1 ATTACHMENT 1 ~-~-~7o ~/~/~ DJ Ee 3. Financial responsibility for each party shall be as follows: Source Year 1 Year 2 Year 3 Federal Grant $50,000 $40,000 $35,000 City of Dublin $66,542 $40,912 * $45,912 * (General Fund) DUSD $40,000 $40,000 $40,000 * This amount represents the City of Dublin' s estimated General Fund contribution. amount may increase with inflationary cost increases. DUBLIN UNIFIED SCHOOL DISTRICT RESPONSIBILITIES 1. 2. This Provide office space for the SRO at Dublin High School and Wells Middle School. Fully participate and cooperate with City in all matters related to the duties of the SRO. SCHOOL RESOURCE OFFICER SELECTION PROCESS DUSD shall provide input to the City on the selection of a School Resource Officer. This input shall come from the Superintendent of Schools, or his/her designee, the principal of Dublin High School, and the principal of Wells Middle School; however, the final selection shall reside with the Sheriff· SCHOOL RESOURCE OFFICER RESPONSIBILITIES The SRO's function is to respond to the law enforcement needs of all DUSD schools, in conjunction with the needs of the City. However, primary law enforcement emphasis shall be given to Dublin High School and Wells Middle School. The SRO position will be supervised and under direction of the Sheriff. The Assistant Superintendent of the DUSD and school administrators within the DUSD shall additionally provide input and direction. The SRO will coordinate an anti-truancy program with the DUSD and business community. The SRO will participate in School Attendance Review Board Hearings. The SRO will conduct classroom presentations to educate staff and students about the criminal justice system and substance abuse. The SRO shall work a full-time schedule of 40 hours per week. The starting and ending work hour of the day shall be determined by the needs of both DUSD and City. In accordance with the personnel polices of the Sheriff, it will be the responsibility of the SRO to advise the Crime Prevention Sergeant as soon as possible when it has been determined that he or she will be unavailable for duty. The Crime Prevention Sergeant or in his or her absence, the Administrative Lieutenant, shall then notify DUSD. The SRO may be required to attend state mandated schools and courses or be off due to vacation, compensatory time, sick leave etc., during the school year, in which case the Crime Prevention Supervisor will notify DUSD as soon as possible. Sheriff reserves the right to reassign the SRO to regular patrol or other duties within the police department on an intermittent temporary basis, such as to cover for another officer, respond to a medical call, or provide back-up. 9. During the summer and school breaks, the SRO shall: a. Work with School staff to prepare for the next school year. b. Participate in on-going activities in conjunction with the DUSD, Recreation Department and community organizations (e.g. PAL). F. INDEMNIFICATION DUSD agrees to defend, indemnify and hold harmless the City of Dublin and County of Alameda and their officials, representatives, agents, officers and employees from and against any claim or liability arising out of the performance of this Memorandum of Understanding due to any wrongful or negligent conduct of the DUSD, its Board of Trustees, agents, officers and/or employees. The City of Dublin agrees to defend, indemnify and hold harmless the DUSD and Alameda County and their representatives, agents, officers, and employees from and against any claim of liability arising out of the performance of the this Memorandum of Understanding due to any wrongful or negligent conduct of the City of Dublin, its agents, officers and/or employees. Alameda County agrees to defend, indemnify and hold harmless the City of Dublin and the DUSD and their representatives, agents, officers, and employees from and against any claim or liability arising out of the performance of this Memorandum of Understanding due to any wrongful or negligent conduct of the County of Alameda, the Alameda County Sheriff s Office, and their agents, officers, and/or employees. The parties hereto understand and agree that at all times during the term of this Memorandum of Understanding (MOU) the SRO shall be an employee of the Sheriff and not an employee of the DUSD or City. As a consequence, neither City nor DUSD shall be responsible for any direct payment to the SRO of salary, wages benefits, worker's compensation, or any other form of compensation. The foregoing shall not, however, limit the obligation of the City and DUSD to fund the SRO position, as provided for in section (B), and to pay Sheriff for the SRO's services when invoiced therefor. This agreement is subject to the award of the 2000 COPS in School Grant and shall remain effective through the term of the grant. The City and DUSD shall continue to fund the SRO position for at least one full locally-set budget cycle following the conclusion of the federal grant period; however, any party may terminate this agreement at the end of any grant year by giving the other parties at least ninety (90) days prior written notice should local fiscal and budgetary conditions arise that would preclude continuation of the SRO program. Charles C. Plummer Sheriff Date Richard C. Ambrose City Manager Date 4 RESOLUTION NO. -00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SECOND MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF DUBLIN, DUBLIN UNIFIED SCHOOL DISTRICT, AND ALAMEDA COUNTY SHERIFF'S OFFICE FOR APPLICATION OF A FEDERAL GRANT FOR SCHOOL RESOURCE OFFICER WHEREAS, the City of Dublin, Dublin Unified School District and Alameda County Sheriffs Office proposed to enter into an agreement for the purpose of maintaining a safe and secure environment for all schools in the District; and WHEREAS, the entities have determined the best way to maintain a safe and secure environment in the schools is to hire a School Resource Officer; and WHEREAS, the entities have previously entered into a Memorandum of Understanding to apply for funding of a School Resource Officer through the United States Department of Justice; and WHEREAS, the entities now desire to outline the specific responsibilities of each agency with regard to financial responsibility, the School Resource Officer selection process, indemnification, and agreement termination. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Memorandum of Understanding between the School District, the Sheriff s Office, and the City of Dublin. PASSED, APPROVED AND ADOPTED this 5th day of September, 2000. AYES: NOES: \ ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ATTACHMENT2