HomeMy WebLinkAbout11 - School Resource Officer Program AgreementQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
October 24, 2023
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Chief of Police - 949-644-3701,
jartwright@nbpd.org
PREPARED BY: Dave Miner, Deputy Chief, dminer@nbpd.org
PHONE: 949-644-3750
TITLE: School Resource Officer Program Agreement
ABSTRACT:
The Police Department requests City Council approval of a new School Resource Officer
(SRO) agreement with the Newport -Mesa Unified School District (NMUSD), a renewal of
the existing terms, and deployment of three SROs.
RECOMMENDATIONS:
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 Newport -Mesa
Unified School District to participate in the School Resource Officer Program, and
authorize the Mayor and City Clerk to execute the agreement on behalf of the City of
Newport Beach.
DISCUSSION:
On September 27, 1999, the City Council approved an agreement between the City of
Newport Beach (City) and NMUSD to provide two, full-time police officers to work as
SROs at the City's two public high schools: Corona del Mar High School and Newport
Harbor High School. The agreement also specified that the Corona del Mar High School
SRO would provide similar services to Ensign Middle School. The original agreement
term took effect on February 7, 2000 and expired on February 7, 2003. After it expired,
the City 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 revised. Since the original agreement, some services
have changed, including 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 assigned to also service Corona
del Mar Middle School and the Newport Harbor High School SRO was assigned to service
both Newport Harbor High School and Ensign Middle School.
School Resource Officer Program Agreement
October 24, 2023
Page 2
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 two existing SROs, including
equally shared funding with NMUSD. The SRO agreement including the third SRO has
been renewed annually since 2018. The 2022-23 agreement expired on June 30, 2023.
The proposed agreement with NMUSD is a renewal of the existing terms and
deployments with the same three SROs and the language to allow a decrease in the
funding provided by NMUSD during unplanned long-term school closures of more than
30 days. The proposed agreement allows the Police Department to assign one SRO to
Newport Harbor High School, one SRO to Corona del Mar High School and Corona del
Mar Middle School 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.
The goal of the SRO program is to work collaboratively within the school community to
provide safe learning environments, foster positive relationships with students,
educators, parents and community members, and to develop strategies to resolve
problems that affect our youth, so that they can reach their full potential. The role of the
SRO includes promoting a positive image of law enforcement to school children and
school communities.
FISCAL IMPACT:
The 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 2023-24 budget, as are revenues from the NMUSD in the amount of $283,598. The
expenses will be charged to salary and benefits accounts in the Police Department,
Detective Division (Organization Code 01035355).
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 and Benefit Analysis
11-2
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 1 st day of July, 2023 ("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, CA 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 cant' on its business as it is now being
conducted under the statues 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.
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:
TERM
The term of this Agreement shall commence on the Effective Date and shall expire
on June 30, 2024 unless extended pursuant by written agreement of the parties or
terminated as specified in Section 7.
11-3
Attachment A
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
11-4
Attachment A
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 rate is attached hereto as Exhibit
A and incorporated herein by reference. Officer rates listed on Exhibit A shall be subject
to change at the discretion of the Chief of Police.
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.
5.4 Closures. While District and City currently share the costs of Officers
equally, should there be an extended closure of District schools (longer than 30 days) due
to an unforeseen event that diminishes the need of Officers on school campuses and
allows City to redeploy Officers to other agency duties, City will assume 80% of the costs
of Officers after the 30th consecutive day of such a closure while the District will continue
to be responsible for 20% of the such costs. Equally shared costs pursuant to Section 5.1
of Officers between the District and the City would resume once the District begins normal
operation, which includes the re-entry of students onto District campuses.
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
Newport -Mesa Unified School District Page 4
11-5
Attachment A
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.
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.
Newport -Mesa Unified School District Page 5
11-6
Attachment A
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:
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.
Newport -Mesa Unified School District Page 6
11-7
Attachment A
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.
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 Lot 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
11-8
Attachment A
IN WITNESS WHEREOF, the parties have caused this MOU to be executed on the
dates written below
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6L"4 41go_-)
By: G
Aaron C. Harp ti3
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation and charter
city
Date:
By:
Noah Blom
Mayor
NEWPORT-MESA UNIFIED SCHOOL
DISTRICT, a poli ical subdivision of the State
of California 0
Date: ff'4'6t4V_'
Kerrie Torres
Assistant Superintendent, Secondary IF
r
08/24/2023
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
11-9
Attachment A
EXHIBIT A
City Of Newport Beach
School Resource Officer Employee Benefit Anaylsis
Fiscal Year 2023-24 Budget Projections
fApffmOf mrA Pollw0fucerB PoliceOfficer C
Annual Ar ujW '--^ Annual Hourly
Total Compensation : 1 Ma, 207.405 99 1 159'em 76.64
Newport -Mesa Unified School District Page A-1
11-10