HomeMy WebLinkAbout07 - School Resource Officer Program Agreement�EWPR CITY OF
T
- z NEWPORT BEACH
<,FoR�P City Council Staff Report
July 25, 2017
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Jeff Brouwer, Deputy Chief, jbrouwer@nbpd.org
PHONE: 949-644-3750
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:
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 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 REQUIREMENTS:
The current adopted budget includes sufficient funding for this agreement. 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 17-18 budget, as are revenues from the NMUSD in the amount of
$220,414 (Attachment B). It will be expensed to the Detective Division salary and
benefits accounts in the Police Department, Account No. 01035355-7.
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.
7-1
School Resource Officer Program Agreement
July 25, 2017
Page 2
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.
Upon reviewing the request in 2011 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.
The previous Agreement with NMUSD expired on June 30, 2017. This proposed new
Agreement has been updated to more accurately depict the services provided to Ensign
Middle School and Corona del Mar Middle School campuses.
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
7-2
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 22nd day of August, 2017 ("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
Constitution and laws 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, 2018 unless extended pursuant by written agreement of the parties or
terminated as specified in Section 7.
7-3
2. CITY SERVICES
2.1 Services- General. City will provide two (2) 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.
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.
2.3 Services- Discretionary. City may, in the sole discretion of the
Officer and/or his/her supervisor, perform the following services:
2.3.1 Conduct patrol activity in and around the Newport Harbor High
School ("NHHS"), Corona del Mar High School ("CDMHS"), Ensign Middle School, and
Corona del Mar Middle School campuses.
2.3.2 Conduct preliminary and follow-up investigations of crimes that
occur on or near the NHHS, CDMHS, Ensign Middle School, and Corona del Mar Middle
School campuses.
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 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.
3.1.2 District Personnel - Cooperation. District personnel shall
cooperate with the Officer to facilitate his/her performance of Services pursuant to this
Agreement.
Newport -Mesa Unified School District Page 2
7-4
4. OPERATIONAL PROCEDURES
4.1 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.
4.2 Services- Timing. City shall provide the two Officers to District four (4)
days a week for ten (10) hours each day. City shall use its best efforts to ensure that
Services are provided to the same campus by the same Officer 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
5.1 Funding of Personnel. District shall pay City fifty percent (50%) of the
total compensation paid to the two (2) 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
Parent Teacher Association ("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 Y2) times their regular rate of pay for overtime.
5.3 District Payments. District shall pay its share of the total compensation
of the two (2) 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.
Newport -Mesa Unified School District Page 3
7-5
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.
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 City Council, boards and commissions, elected and appointed officials, officers,
agents, volunteers, 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 City
Council, board and commissions, elected and appointed officials, officers, agents,
volunteers, 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. 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 4
FA
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
10. 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.
11. STANDARD PROVISIONS
11.1 Recitals. City and District acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
11.2 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.
11.3 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.
11.4 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.
11.5 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.
11.6 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 5
7-7
11.7 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.
11.8 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.
11.9 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.
11.10 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.
11.11 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.
11.12 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 6
7-8
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
Date:
CITY
T3E�� ATTORNEY
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: J L/" By:
Aaron H� o-t.i311 Kevin Muldoon
City Aty-, �mX Mayor
ATTEST: DISTRICT: NEWPORT -MESA UNIFIED
Date: SCHOOL DISTRICT, a political subdivision
of the State of California
Date:
By: By:
Leilani I. Brown Jeffery S. Trader
City Clerk Chief Financial 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 7
7-9
Exhibit A
City Of Newport Beach
School Resource Officer Employee Benefit Anaylsis
FY 2017-2018
Police Association (PA)"j
Total Salary
126.888
Gary Clemente
Fringe Beneltsl"
Pofice Officer
18,288
Medical Allowance
13304
Salary Pi
1,840
Annual Monthly
Base Satap/
Life Insurance
113,167 9.431
Scholastic (% of base salary)
25.08
8,487 707
Holiday (Max 3.7 hrstpay period)
PERS EE Contribution Safety (9.0%)
1 5,234 436
Total Salary
126.888
Adorn Duclash
Fringe Beneltsl"
Cafeteria Allowance [21
18,288
Medical Allowance
1,536
Medicare (1A5%)
1,840
Ret' ee Health Savings (RHS)
1.440
Life Insurance
105
EAP
25.08
Compensated Absences (3.5% of base salary)
3,961
PERS EE Contribution Safety (9.0%)
11,519
PERS EE Contribution Safety Giveba ck (-13.
(17,406)
PERS ER Safety Retirement (60.29%)
77,160
PORAC Retirement Trust
1,200
Uniform Allowance (PERSabie)
1,100
Total Benefits
100,767
Total Compensation
227,655
0.53
Total annual compensation for both School Resource officers:
50% funding for both officers:
94,465 7.872 45.42
1.524
128
153
120
9
2
330
960
(1,451)
6,430
100
1
$44U28
$220,414
8.79
Adorn Duclash
0.74
Ponce Officer
0.88
20031
Hourly
Annual Monthly Hourly
54.41
0.05
107,794 8,983 51.82
4.08
0.01
5,929 494.07 2.85
2.52
1.90
4,985 415 2.40
61.00
118,708 9,892 57.07
8.79
18,288 1,524 8.79
0.74
1.536 128 0.74
0.88
1,721 143.44 0.83
0.69
55.38
- - -
0.05
105 9 0.06
0.01
25.08 2 O.a1
1.90
3,773 314 1.81
5.54
10,783 899 5.18
(8)
(16,294) (1,358) (8)
37.10
72,229 6,019 34.73
0.58
1,200 100 0-58
0.53
1,100 92 0.53
48.45
94,465 7.872 45.42
109.461 1 213,173 17.764 102.49
Notes:
[1) Effective January 2016, the City s monthly contribution toward the Cafeteria plan is 51,524.
Newport -Mesa Unified School District Page A-1
7-10