HomeMy WebLinkAbout13 - School Resource Officer Program AgreementQ SEW Pp�T
CITY OF
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z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
July 9, 2019
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Steve Rasmussen, Lieutenant
PHONE: 949-644-3778, srasmussen@nbpd.org
TITLE: School Resource Officer Program Agreement
ABSTRACT:
The Police Department seeks City Council approval of a new School Resource Officer
("SRO") Agreement with the Newport -Mesa Unified School District ("NMUSD") to
continue to provide three full-time SROs with funding equally shared between the City
and the NMUSD.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly; and
b) Approve the Agreement between the City of Newport Beach and NMUSD to
participate in the School Resource Officer Program ("Agreement"), and authorize the
Mayor to execute the Agreement on behalf of the City.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this Agreement. Per the
Agreement, the full salary and benefits for three School Resource Officers (police
officers) will be funded equally through the Police Department's budget (50 percent) and
the NMUSD (50 percent). Funding for the three police officers is included in the Police
Department's FY 2019-20 budget, as are revenues from the NMUSD in the amount of
$269,949.50. It will be expensed to the Detective Division salary and benefits accounts
in the Police Department, Account No. 01035355-7.
DISCUSSION:
Background:
On September 27, 1999, the City Council approved an Agreement between the City and
NMUSD to provide two full-time police officers (SROs) to work at the two City high
schools: Corona del Mar High School and Newport Harbor High School.
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School Resource Officer Program Agreement
July 9, 2019
Page 2
The Agreement also specified the Corona del Mar High School SRO would provide
similar services to Ensign Middle School. The original Agreement took effect on
February 7, 2000, and expired on February 7, 2003. Each year since that expiration, the
City has approved annual amendments to the original Agreement to continue the
services of this Program.
During the 2011 annual request for amendment by NMUSD, the City Attorney's Office
recommended creating a new Agreement that more accurately described the services
provided and the Agreement was ultimately revised. Since the original Agreement,
some services have changed to include discontinuation of D.A.R.E. instruction at the
two high schools and the assignment of the high school SROs to also service both
middle schools. Ultimately, the Corona del Mar High School SRO was re -assigned to
service Corona del Mar Middle School and the Newport Harbor High School SRO was
assigned to service Ensign Middle School.
On June 12, 2018, the City Council approved the FY 2018-19 budget, which included
the addition of a third SRO under the same terms as the other two SROs with equally
shared funding with NMUSD. This existing Agreement with NMUSD expired on
June 30, 2019. The expired Agreement with NMUSD allowed the Police Department to
assign one SRO to Newport Harbor High School, one SRO to Corona del Mar High
and Middle Schools, and one SRO to cover the high schools when the designated
high school SRO is not on duty. The cover SRO is based at Ensign Middle School and
also serves NMUSD elementary schools within the City as needed. These SRO
assignments are subject to change at the discretion of the Chief of Police. This
proposed new Agreement with NMUSD is a renewal of our existing terms and
deployment with the same three SROs.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Agreement with Exhibit A (Benefit Analysis)
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ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT
TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM
THIS AGREEMENT FOR SCHOOL RESOURCE OFFICER PROGRAM
("Agreement") is made and entered into as of this 9th day of July, 2019 ("Effective Date")
by and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political
subdivision of the State of California ("District'), whose address is 2985 Bear Street,
Costa Mesa, California 92626 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City;
B. District is a political subdivision of the State of California located in Orange County,
California, and is organized and exists pursuant to the laws of the State of
California,
C. District is in need of special services available through the School Resource Officer
Program (the special services are described in Section 2 and are referred to
collectively as the "Services");
D. District is authorized to enter into this Agreement pursuant to the laws of the State
of California;
E. City employs sworn peace officers specially trained, experienced and competent
to provide the Services and City is willing to provide Services to District on the
terms and in the manner provided in this Agreement; and
F. This Agreement is not intended to modify any program or service provided by City
to District as of the Effective Date except as expressly provided.
AGREEMENT
NOW THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
r�411t R
The term of this Agreement shall commence on the Effective Date and shall expire
on June 30, 2020 unless extended pursuant by written agreement of the parties or
terminated as specified in Section 7.
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2. CITY SERVICES
2.1 Services- General. City will provide three (3) full time sworn peace
officers with the Newport Beach Police Department to function as School Resource
Officers ("Officers"). The School Resource Officers shall perform services under the
supervision and control of the Newport Beach Chief of Police ("Chief of Police"). The
type and manner of performance of the Services should be consistent with the
expressed goals and objectives of the District. The Services contemplated by this
Agreement are limited to the District schools located within the City, including Newport
Harbor High School ("NHHS"), Corona Del Mar High and Middle Schools
("CDMHS/MS"), Ensign Middle School, and any District elementary schools in the City
in need of SRO presence.
2.2 Services- Mandatory. City shall perform the following services:
2.2.1 Establish and maintain a liaison between District personnel,
Newport Beach Police Department personnel, and elements of the juvenile justice
system.
2.2.2 Serve as a resource to District employees such as administrators,
faculty and security personnel as well as students and their guardian(s) on all law
enforcement -related issues including crime prevention and investigation.
2.2.3 Assign one Officer to NHHS, one Officer to CDMHS/MS, and one
Officer to cover the high schools when the designated high school Officer is not on duty.
The cover Officer is based at Ensign Middle School and will also serve District
elementary schools within the City as needed. These Officer assignments are subject
to change in the discretion of the Chief of Police.
2.3 Services- Discretionary. City may, in the sole discretion of the
Officers and/or their supervisor, perform the following services:
2.3.1 Conduct patrol activity in and around NHHS, CDMHS/MS, Ensign
Middle School, and District elementary school campuses within the City.
2.3.2 Conduct preliminary and follow-up investigations of crimes that
occur on or near the NHHS, CDMHS/MS, Ensign Middle School, and District elementary
schools within the City.
2.3.3 Spend a minimum of seventy-five percent (75%) of their time
allocated in this Agreement in and around their assigned campus, where an Officer is
assigned to a particular high school.
2.3.4 Act and work as school officials and assist the Superintendent,
principals, faculty, and staff in enforcing the campus code of conduct and other school
rules in order to maintain a safe learning environment. When it pertains to preventing a
disruption that would, if ignored, place students, faculty, and staff at risk of harm, the
Officers will work to resolve the problem to preserve the school climate. In all other
Newport -Mesa Unified School District Page 2
13-4
cases, disciplining students is a District responsibility, and the Officers will intervene
and take students who violate the code of conduct to the school principal, or designee,
where school discipline can be meted out.
2.3.5 To the extent that the District chooses to secure the services of
Officers from the Newport Beach Police Department, the Officers are considered
designated school officials for student records purposes and shall have access to
students' education records when there is a legitimate educational interest in the
records. Pursuant to the Federal Educational and Rights and Privacy Act of 1974
(FERPA), the Officers are prohibited from re -disclosing a student's educational record
or knowledge learned from the student's educational record to any other outside
sources, including the local police department, unless the disclosure meets an
exception to FERPA's disclosure/re-disclosure prohibition.
2.4 Services- Security. The Services performed by Officers pursuant to this
Agreement are not intended to supplant those provided by existing District security
personnel. District may request security services from City pursuant to other provisions
of this Agreement.
3. DISTRICT DUTIES
3.1 In addition to other duties specified in this Agreement, District shall do the
following:
3.1.1 Staff Liaison. District will designate its Director of Student and
Community Services, or an alternate as designated by the Superintendent, as a liaison
to the NBPD to facilitate communication between District personnel and the Officers as
well as to coordinate the Officers' involvement with District activities and events.
3.1.2 District Personnel - Cooperation. District personnel shall
cooperate with the Officers to facilitate their performance of Services pursuant to this
Agreement.
4. OPERATIONAL PROCEDURES
4.1 Uniformed Officers. The Officers will perform their duties in full police
uniform. This uniform will include safety equipment designated for use by sworn field
personnel pursuant to Newport Beach Police Department policy or practice.
4.2 Services- Timing. City shall provide the three (3) Officers to District four
(4) days a week and ten (10) hours each day. City shall use its best efforts to ensure
that Services are provided to the same campus by the same person except when he/she
is on paid leave or otherwise absent. Subject to provisions of relevant City personnel
policies or labor agreement, City shall use its best efforts to schedule the Officers' time
off to coincide with weekends/school holidays. City shall also use its best efforts to
schedule Officers so that at least one of the three (3) Officers is on duty each day that
school is in session and that each Officer can be present during special school activities.
Newport -Mesa Unified School District Page 3
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5. FUNDING
5.1 Funding of Personnel. District shall pay City fifty percent (50%) of the
total compensation paid to the three (3) Officers by City. The term "total compensation"
includes salary and benefits as those exist on the Effective Date and as modified from
time to time during the term of this Agreement. The Officers current Employee Benefit
Analysis is attached hereto as a reference only as Exhibit A and incorporated herein by
reference.
5.2 Funding- Supplemental Services. District may request City provide
additional services (services in addition to those performed during the normal four (4)
day, ten (10) hour work week) by an Officer during evening or weekend events such as
PTA meetings, Back -to -School nights, Open House(s), sporting event(s), dance(s),
prom(s) or other District -sponsored events. City shall use its best efforts to provide the
requested services by the Officer assigned to the campus at which the event or activity
is scheduled. District shall pay City all costs that City incurs in providing additional
services as requested by the District representative, with the understanding that City is
generally required to pay Officers at least one and one-half (1 '/2) times their regular rate
of pay for overtime.
5.3 District Payments. District shall pay its share of the total compensation
of the three (3) Officers within thirty (30) days of receipt of invoices submitted quarterly
(ninety (90) days after the initial invoice). District shall pay for supplemental services
within thirty (30) days of receipt of an invoice from City.
6. SPECIAL PROVISIONS
6.1 Selection of Officer. The Chief of Police will determine those individuals
best suited for the assignment and advise the District of the eligible candidates. The
Chief of Police shall select the Officers to be assigned from the eligible candidates (or
from other qualified staff, should no one express an interest), after consideration of any
input from the District representative.
6.2 Special Events. The School Resource Officer Program shall not supplant
or alter the existing District practice of hiring Newport Beach Police Department
personnel for the purpose of policing special events. However, if the District has
requested the Officer's presence at an event, or requested supplemental services to be
provided by the Officer, he/she may be used as one officer hired to police a special
event at his/her assigned campus.
6.3 Grant Administrative Requirements. The City and District will be
responsible for their own respective grant monies received, if any, including all
administrative duties and responsibilities. This includes receipt and disbursement of
funds, financial reporting, and grant management issues.
Newport -Mesa Unified School District Page 4
13-6
7. TERMINATION
District or City may terminate this Agreement without cause any time subsequent
to one hundred twenty (120) days after the Effective Date, by giving ninety (90) days
written notice to the other Party. In the event of termination, District shall compensate City
for Services performed to the date of termination. City shall continue to provide Services
after notice to terminate and during the ninety (90) day notice period unless District, in the
notice, requests City not perform Services. The notice shall be deemed given when
personally delivered to the District or City representative or three (3) days after the date
the notice is deposited in the United States mail, first-class postage prepaid, and
addressed to the appropriate representative as specified in this Agreement.
8. INDEMNIFICATION
8.1 District Obligations. District agrees to defend, indemnify and hold City,
its elected and appointed officials, officers, and employees harmless against and from
any and all losses, claims, actions, damages, expenses or liabilities, including
reasonable attorney's fees, to which City may become subject in connection with
District's negligence related to the scope of District's activities pursuant to this
Agreement. This Agreement does not, however, extend to claims or actions that result
from the negligence of the City, its elected and appointed officials, officers, and
employees. District assumes workers' compensation liability for injury or death of its
officers, agents, employees and volunteers, and assumes no workers' compensation
responsibility for the City.
8.2 City's Obligations. City agrees to defend, indemnify and hold District, its
officers, agents, employees and volunteers harmless against and from any and all
losses, claims, actions, damages, expenses or liabilities, including reasonable
attorney's fees, to which District may become subject in connection with City's
negligence related to the scope of City's activities pursuant to this Agreement. This
Agreement does not, however, extend to claims or actions that result from the
negligence of the District, officers, agents, employees and volunteers. City assumes
workers' compensation liability for injury or death of its elected and appointed officials,
officers, and employees, and assumes no workers' compensation responsibility for the
officers, agents, employees and volunteers of the District.
9. ASSIGNMENT
This Agreement may not be assigned or transferred by either Party without the
express written consent of the other Party.
10. NOTICE/REPRESENTATIVES
The City and District have designated the following representatives to receive
notices and act in their agency's behalf in the administration of this Agreement:
Newport -Mesa Unified School District Page 5
13-7
City:
District:
Chief of Police
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
Superintendent of Schools
Newport Mesa Unified School District
2985 Bear Street
Costa Mesa, CA 92626
11. NO THIRD PARTY BENEFICIARY
This Agreement, including, but not limited to, the indemnification provisions, is for
the benefit of the parties only and does not create, nor is it intended to create, any benefit
or liability to third parties.
12. STANDARD PROVISIONS
12.1 Recitals. City and District acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
12.2 Compliance with all Laws. District shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
12.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
12.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
12.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and any attachments attached hereto, the
terms of this Agreement shall govern.
12.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
Newport -Mesa Unified School District Page 6
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12.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both District and City and approved as to form by the City
Attorney.
12.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
12.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
12.10 Equal Opportunity Employment. District represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
12.11 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
12.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Newport -Mesa Unified School District Page 7
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: hzq6100(g�
By: ai��
f;o(* Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
DISTRICT: NEWPORT -MESA UNIFIED
SCHOOL DISTRICT, a political
subdivision of the State of California
Date:
By:
Timothy D. Holcomb
Assistant Superintendent and Chief
Operating Officer
Approved or ratified by the Newport -Mesa
Unified School District Board.
Date:
[END OF SIGNATURES]
Attachments: Exhibit A: School Resource Officer Employee Benefit Analysis
Newport -Mesa Unified School District Page 8
13-10
Ill Auaclallon (PAf'l
Salary(')
Base Salary
Scholastic (% of base salary)
Cert Pay - Advanced POST
Hall (Moa 3.7 hrslpay period)
Total Salary
rnngoBerl
Cafeteria Abawance
Medical Allowance
Medicare (1.45%)
Rellree Heahh Savings (RHS)
Life Insuraxe
EAP
PA Deferred Camp City Contribution
Compensated Absences (3.5% of base salary)
PERS E E Contribution Safety
PERS EE Con[nbutian Safety Givaback
PERS ER Safety Retirement
PORAC Retirement Trust
Unicom Allowance (PERSable)
Total Benefits
Total Compensation
Exhibit A
City Of Newport Beach
School Resource Officer Employee Benefit Anaylsis
Fiscal Year 2019-20 Budget Projection
Gary Clemente
9
Police
Officer
2
20031
13304
Annual
Annual
Monthly
Hourty
119,219
9,935
57.32
8,941
745
4.30
0,259
522
3.01
5,556
483
2.67
139.974
11.665
67.30
18,286
1,524
839
1,652
138
0.79
2,378
198
1.14
1,820
135
0,78
105
9
0.05
21
2
0.01
1,943
102
9.93
4,173
348
2.01
12,697
1,058
8.10
(19,1985
(1,599)
(9.22)
26,791
2,233
12.08
1,200
100
0.58
1,100
92
0.53
52,77B
4398
2537
16,W2
86.78
192,753
111063
19,67
Notes:
(1) PERS UAL no tenger included in PERS Safety Rcthement
Adam 0udash
9
police Officer
21
2
20031
1,745
Annual
Monthly
Hourly
113,552
9,483
54.59
8,245
520
3.00
5,961
497
2.87
5,291
441
2.54
131.049
10,921
63.00
18,288
1,524
8.79
1,652
138
0,79
2,243
187
1.08
105
9
005
21
2
0.01
1,851
154
0.89
3,974
331
1.91
11,893
991
5.72
(17,972)
(1,488)
(8.64)
25,096
2,091
12.07
1,200
100
0.56
E 100
92
9.53
43,452
4,121
23,77
180,501
16,W2
86.78
Sabrina Fabbrl
Polies Officer
Annuat Monthly Hourly
107,060 8,922 5t 47
5,888 491 2.81
18,288 1,524 8,79
1,652 138 079
2,050 171 0.99
10S
9
005
21
2
0.01
1,745
T46
0.84
3,747
312
1.80
12,309
1,932
5.98
(16,046)
(1.337)
(777,
22,407
1,887
10,77
1,200
100
0.58
Newport -Mesa Unified School District Page A-1
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