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HomeMy WebLinkAbout09 - School Resource Officer Program AgreementCITY OF Q SEW PORT NEWPORT REACH Cq��Q P City Council Staff Report Agenda Item No. 9 July 26, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Jay R. Johnson, Chief of Police 949 - 644 -3701, jjohnson@nbpd.org PREPARED BY: Craig Fox, Captain 9449- 644 -3750, cfox @nbpd.org APPROVED: TITLE: School Resource Officer Program Agreement ABSTRACT: The Police Department seeks City Council to approve a new School Resource Officer (SRO) Agreement with the Newport Mesa Unified School District ( NMUSD). RECOMMENDATION: Approve the Agreement between the City of Newport Beach and the Newport Mesa Unified School District to participate in the School Resource Officer Program ( "Agreement "), and authorize the Mayor to execute the Agreement on behalf of the City. FUNDING AVAILABILITY: Per the Agreement, the full salary and benefits for two School Resource Officers (police officers) will be funded equally through the Police Department's budget (50 %) and the NMUSD (50 %). Funding for the two police officers is included in the Police Department's FY 2011 -12 budget as are revenues from the NMUSD in the amount of $180,000. DISCUSSION: Background: On September 28, 1999, the City Council approved an Agreement between the City and the NMUSD to provide two full -time police officers (SROs) to work at the two City high schools, Corona Del Mar and Newport Harbor. That Agreement also specified that the Corona Del Mar SRO would provide similar services for the 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. School Resource Officer Program Agreement July 26, 2011 Page 2 Upon reviewing a recent request from the NMUSD to approve the annual amendment to the original Agreement, the City Attorney's Office recommended creating a new Agreement that more accurately depicts the services provided. Since the original Agreement began in 2000, some services listed in the original Agreement have changed; the Police Department no longer provides D.A.R.E. instruction at the two high schools; and now the SRO at Newport Harbor High School provides services to Ensign Middle School, with the SRO at Corona Del Mar High School providing services to Corona Del Mar Middle School. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQK) 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). Submitted by: ay R. Johnson Chief of Police Attachment: Agreement AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT, entered into this 26th day of July 2011, (Effective Date) by and between the CITY of NEWPORT BEACH, a municipal corporation (CITY) and the NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California (DISTRICT) is made in light of the following: RECITALS A. CITY is a municipal corporation duly organized and validly existing under the Constitution and laws of the State of California and the Newport Beach City Charter. 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, CITY and DISTRICT agree as follows: 1. TERM The term of this AGREEMENT shall commence on July 26, 2011 or as soon thereafter. This AGREEMENT shall expire on June 30, 2012 unless extended pursuant by written agreement of the Parties or terminated as specified in Section 7. I 2. CITY SERVICES a. Services - General. CITY will provide two 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 express goals and objectives of the DISTRICT. b. Services -- Mandatory. CITY shall perform the following services: Establish and maintain a liaison between DISTRICT personnel, Newport Beach Police Department personnel, and elements of the juvenile justice system. ii. 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. iii. The Officer assigned to Corona Del Mar High School ( "CDMHS ") shall perform the Services described in Paragraphs 2(c)(i) and (ii) at Corona Del Mar Middle School. iv. The Officer assigned to Newport Harbor High School ( "NHHS ") shall perform the Services described in Paragraphs 2(c)(i) and (ii) at Ensign Middle School. C. Services - Discretionary. City may, in the sole discretion of the Officer and /or his /her supervisor, perform the following services: Conduct patrol activity in and around the NHHS and CDMHS campuses. ii. Conduct preliminary and follow -up investigations of crimes that occur on or near the NHHS or CDMHS campus. d. 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 In addition to other duties specified in this AGREEMENT, DISTRICT shall do the following: E a. Staff Liaison. DISTRICT will designate a staff member to serve as liaison to the Newport Beach Police Department to facilitate communication between DISTRICT personnel and the Officer and coordinate the Officer's activities with DISTRICT activities and events. b. District Personnel - Cooperation. DISTRICT personnel shall cooperate with the Officer to facilitate his /her performance of Services pursuant to this AGREEMENT. 4. OPERATIONAL PROCEDURES a. Uniformed Officers. The Officer will perform his /her 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. b. Services - Timing. CITY shall provide the two Officers to DISTRICT four days a week and ten 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 Officer's 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 two Officers is on duty each day that school is in session and that each Officer can be present during special school activities. 5. FUNDING a. Funding of Personnel. DISTRICT shall pay CITY fifty percent (50 %) of the total compensation paid to the two 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. b. 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 -1 1/2) times their 3 regular rate of pay for overtime. C. DISTRICT Payments. DISTRICT shall pay its share of the total compensation of the two Officers within thirty (30) days of receipt of invoices submitted quarterly (ninety 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 a. 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. b. 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. 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. a. 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 0 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. C. 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: CITY Chief of Police Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 DISTRICT 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 5 create, any benefit or liability to third parties. 12. 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. 13 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. iC9AN4:11 :11111111 C1 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. 15 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. 16 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. 17 COUNTERPARTS This AGREEMENT may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 0 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: ! By: i David ur City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: Michael F. Henn Mayor NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California: Date: 7 By: Dr. Jeffrey Hubbard Superintendent Approved or Ratified by the Newport-Mesa Unified School District Board Date: