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HomeMy WebLinkAbout24 - School Resource Officer ProgramCJ • CITY OF NEWPORT BEACH POLICE DEPARTMENT September 27, 1999 September 27, 1999 Item No. 24 To: Honorable Mayor, Members of the City Council and City Manager From: Bob McDonell, Chief of Police Subject: School Resource Officer Program RECOMMENDATIONS: 1. Approve the attached Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Mesa Unified School District relative to the implementation and operation of a School Resource Officer Program. 2. Authorize the Administrative Services Director to prepare the necessary budget amendment to reflect the additional revenue from the School District and the allocation of required funds to the Police Department budget to operate the program, depending on the actual date of implementation. 3. Authorize the purchase of one (1) fully equipped patrol vehicle and the acquisition of a second electric vehicle to facilitate the program implementation. DISCUSSION: In a staff report submitted to the City Council on July 26, 1999, a School Resource Officer program was formally proposed. The proposal was the result of dialogue between representatives of the City of Newport Beach and the Newport-Mesa Unified School District, meeting as a Joint School/Council Committee. Following agreement on a basic concept, additional discussions took place between City and District staff to further refine the details and create a formal MOU between the two entities. Copies of the July 26th report and a preliminary staff report dated June 11, 1999 are attached. Also attached to this report is the MOU agreed upon by City and District staff, which has been reviewed by the City Attorney. The document addresses key issues such as the duties, supervision and control, operational practices, funding and compensation, and other provisions necessary to insure an efficient implementation and to protect the interests of the parties to the agreement. School Resource Officer Program Page 2 The target date for implementation of the SRO Program has been established as i February 7, 2000 — the beginning of the spring semester. Arrangements are being made to select and train the officers to be assigned. In order to teach the high school D.A.R.E. class, the officer assigned must have attended both the basic and high school D.A.R.E. instructor courses. We are attempting to reserve the necessary training slots and it appears we will be successful in making those reservations. If, for some reason, we are unable to make the necessary arrangements, we are nevertheless prepared to commence the basic program with the spring semester. We will then add the D.A.R.E. component at the beginning of the following semester. It will be necessary to amend the 1999/2000 Police Department budget to account for the additional costs necessary to fund two police officer positions. The first full -year compensation cost is $138,210, of which $69,105 will be reimbursed to the City by the District. The actual costs for FY `99 -00 will be substantially less, based upon the projected start date of the program. It will also be necessary to provide funding for the purchase of one police patrol vehicle, which will cost $47,973 to purchase and fully equip the vehicle with the mobile video system, mobile data computer, protective screen, light bar, siren, etc. The District has agreed to reimburse the City $11,993 (25 %) toward the cost of the vehicle purchase. In addition to the patrol vehicle purchase, the Department is recommending the acquisition of an electric vehicle, using the specialized funding available for acquiring alternative fuel vehicles. The electric vehicle will be used by non -sworn staff during daytime hours to make a second marked vehicle available, which is now dedicated for general transportation involving mail delivery and other related tasks. (In order to do so, we cover the light bar and place "out of service" signs in the windows of the vehicle.) The acquisition of an electric vehicle will relieve the strain on the patrol fleet and eliminate the requirement to purchase a second, fully equipped patrol vehicle to support the School Resource Officer Program. The Administrative Services Director has stated (with Council approval), they will make the appropriate revenue and expenditure adjustments to the budget, based upon the actual start date of the program. In summary, we recommend approval of the Memorandum of Understanding and the accompanying actions. The School Board is scheduled to ap rove their participation in the Program at their regular meeting on September 28 . Respectful) vV"mitted, Approv by, B Doug Fletcher, Lieutenant Bob McDonell Executive Officer CHIEF OF POLICE . 0 0 CITY OF NEWPORT BEACH POLICE DEPARTMENT July 26, 1999 July 26, 1999 Item No. 12 TO: Honorable Mayor, Members of the City Council and City Manager FROM: Bob McDonell, Chief of Police SUBJECT: School Resource Officer Program RECOMMENDATION: 1. Approve the preliminary direction given by the School/Council Committee to implement the proposed School Resource Officer program, subject to the identification and ultimate Council approval of appropriate funding sources. 2. Approve the 'over -hire" of two swom officers above our authorized strength, in anticipation of ultimate program approval. BACKGROUND: The Police Department and School District have had a long- standing tradition of cooperation on issues affecting the safety and security of students and the surrounding community. The Department has made overtures to the District in the past about exploring options to expand the D.A.R.E. curriculum or other positive police presence into the high school environment, however circumstances and timing failed to result in any positive changes. Based upon some independent conversations with Councilmembers and representatives of the School Board, staff was asked by Councilmember Ridgeway to return to Council with a formal report on the potential for expanding the D.A.R.E. program or School Resource Officer concept onto the high school campuses. Prior to bringing the report to the full Council, the matter was referred to the joint School/Council Committee, comprised of representatives of both the City Council and School Board. In an effort to enhance the already excellent working relationship and cooperation between the School District and the Police Department, representatives of the City of Newport Beach and Newport-Mesa Unified School School Resource Officer Program Page 2 District met to explore various options by which a constructive police presence • might be established on the campuses of our two senior high schools. Those options being considered would also address the growing national concern regarding the safety of students and staff on public school campuses, even though we believe our local situation is without some of the inherent problems faced by other Districts. DISCUSSION: On June 11, 1999 the Police Chief prepared a report (see attached) in response to the stated request, proposing methods by which a police presence might be effectively established on senior high school campuses. The report proposed a variety of options (i.e., School Resource Officer vs. High School D.A.R.E. program, one officer dividing his/her time between the two campuses vs. one officer for each campus, or a combination of the concepts). On July 13, 1999 a meeting was held at the offices of the Newport-Mesa Unified School District for the purpose of discussing the Police Chief's proposal. Attending the meeting, were elected members of the City Council and the District Board, the City Manager, the District Superintendent, the Police Chief and various other representatives of both the Department and the District. It became readily apparent that all parties to the discussion favored the general proposition that a police presence would be beneficial. The need for the City and the District to take a proactive approach was discussed. Although no serious crime problems are currently known to exist at either of the two high schools, it was agreed upon that the most appropriate and responsible course of action for the City and the District would be to act before problems develop, rather than react after problems have occurred. It was also agreed that the implementation of a program of this nature would continue the long- standing tradition of cooperation and mutual support that exists between the City and the District. After a discussion of available options, a strong consensus of opinion held that the most effective approach would be to assign a School Resource Officer to each campus on a full -time basis. In addition to performing the standard duties of a School Resource Officer, this officer would also teach the high school D.A.R.E. curriculum, which would provide continuity to the already active D.A. R.E. program in existence at the elementary school level. The special needs of Ensign Middle School were recognized, and it was agreed upon that the proposed program should make some accommodation to meet those needs. An ad hoc committee was proposed which will consist of District and Police Department representatives. The committee will examine issues relating to funding and implementation. The representatives will report developments and School Resource Officer Program Page 3 . progress to their respective appointed superiors, and the ultimate results of their effort will be brought back to both elected bodies for final approval. Among other tasks, this committee was directed to develop a memorandum of understanding between the City and the District dealing with program implementation, operation and funding. The District representatives present at the meeting stated they were willing to consider a shared funding arrangement for the program, if their ultimate interpretation of some of the recent legislative changes makes those opportunities possible. It was further agreed that approval and implementation efforts should move forward without delay, subject to ratification of the approach by the full City Council and School Board. While no specific timeline was set forth, it would be desirable to begin implementation as soon as practicable, perhaps during the upcoming school year. It was recognized that while certification issues may cause a delay in the implementation of the high school D.A.R.E. program, the School Resource Officer component may be initiated as soon as personnel needs are satisfied to "backfill" those selected for the assignments. Toward that end, the Police Chief proposed that the City Council would need to authorize the hiring of two officers to fill those positions, over and above the current sworn officer complement. This will allow for the recruitment and training of new officers, so that the proposed positions might be filled without diminishing existing service levels. As you may be aware, the recruitment and training process can take up to 12 months, depending on whether the officer hired has any police experience (2 months to recruit and complete the background, 6 months of academy training, and 3 to 4 months of field training). While we will make an effort to recruit and hire lateral (already trained) candidates in order to minimize the delay in the training process, our recent experience has shown it is a difficult recruitment. In summary, the proposal before you enjoys virtually unanimous support from the School/Council Committee and the staffs from both entities. As a result, we recommend your approval of the recommendations listed in order to proceed consistent with the preliminary direction given. Respectfully submitted, Approved b 3' �� Doug*letcher Bob McDonell LIEUTENANT CHIEF OF POLICE CITY OF NEWPORT BEACH POLICE DEPARTMENT June 11, 1999 TO: Honorable Mayor, Members of the City Council and City Manager FROM: Bob McDonell, Chief of Police SUBJECT: Expansion of Police Presence to Senior High Schools (RECOMMENDATION: Establish a positive police presence at our City's two senior high schools. This objective may be effectively accomplished in one of two ways: expand the existing D.A.R.E. program to the high school level, or establish a School Resource Officer (S.R.O.) program. While both programs would accomplish the desired goal at local high schools, the programs are really quite different in concept, operation and purpose. This report will discuss the relative merits of both programs and is intended to provide policy- makers with the foundation upon which an informed choice may be made, assuming there is a continuing interest by the City Council and School Board to accomplish the stated objective. DISCUSSION: The development and safety of the youth of the City of Newport Beach has always been of paramount importance to our community. Issues like drug abuse, crime in schools, and violent acts committed both by and against children are of great concern to all of us. Currently, the Police Department addresses some of those concerns in the elementary and junior high schools through the "D.A.R.E." program. There is, however, no follow -up program or proactive police presence at the senior high schools in Newport Beach to reinforce the lessons taught at the lower levels, or to deal with the more complex types of police and social problems that occur with high school age children. Many jurisdictions deal with these concerns through the use of School Resource Officers. Those Officers primarily deal with crime, safety and security issues on campus, as well as provide more approachable access to law enforcement for students. The recently developed High School D.A.R.E. program also addresses safety issues, but is more structured and directed towards substance abuse and violence prevention education. 0 Expansion of Police Presence to Senior High Schools Page 2 • Proactive programs such as D.A.R.E. and School Resource Officer programs can ultimately reduce the incidents of crime and drug abuse to society by preventing crime before it occurs and reducing the demand for illegal drugs. In fact, one government study ( "Violence and Discipline Problems in U.S. Public Schools: 1996- '97 "), reported that 39% of schools with 1000 or more students, had a full -time law enforcement presence. These programs must, however, compete with existing needs for funding and resources. Therefore, a priority must be placed on how available resources will be used. Research was conducted by Officer Tom Monarch into the High School D.A.R.E. program and by Officer Andy Halpin into School Resource Officer Programs. The research included interviews with agencies that use both programs, examination of literature, and inforrnal conversations with school personnel. Additionally, both of these officers have extensive experience working on school campuses with the existing D.A.R.E. program and are familiar with the relevant issues important to schools and students. While both programs have merit and have been successful, they are designed to address campus issues in a different manner. Each officer looked at an individual program and provided an analysis of it. The results of their research are contained in this report. Senior High D.A.R.E. . The D.A.R.E. program (Drug Abuse Resistance Education), has been in place in Newport Beach elementary schools and in the junior highs for a number of years. The program puts specially trained police officers in the classroom to educate children about the dangers of drug abuse and to teach them life skills to avoid the deadly consequences of substance abuse. Over the years, the program has evolved to also deal with gang deterrence and self esteem issues. There is nearly universal agreement that the most effective way to fight the drug problem in our society is to reduce the demand by consumers. Education, starting at an early age, is the best way to do this. The D.A.R.E. program is the best vehicle we have available to accomplish this task. A weakness exists in the current program, however, in that there is no follow -up education after junior high school. There is also no formal program (to our knowledge) in the high schools that addresses concerns about violent behavior and violence prevention. The current high school D.A.R.E. program curriculum in use by other cities in California has been in existence for two years. This includes pilot programs. L.A. County schools have used it for the past year. No Orange County School currently uses it, although Fullerton will begin using it next year. The purpose of high school D.A.R.E. is to educate students about the personal and social consequences of substance abuse and re- enforce lessons taught at the lower grade levels. The lessons also work towards helping students . recognize and cope with feelings of anger without causing harm to themselves or Expansion of Police Presence to Senior High Schools Page 3 others and without resorting to the use of alcohol or drugs. The program recognizes current events, such as recent outbreaks of violence on school campuses and teaches students ways to deal with their emotions without acting them out. Several Southern California cities that have high school D.A.R.E. programs in place were surveyed for this report. Feedback on those programs has been very positive. The core of the high school D.A.R.E. program curriculum consists of a series of ten lessons taught cooperatively by a sworn police officer and the classroom teacher. These lessons would be best incorporated into the high school health classes, and are generally taught at the sophomore level; however, follow -up sessions could be held in the junior and senior classes. This would necessitate that the health program be extended from its current nine -week format to eighteen weeks, and would require the addition of one sworn police officer to the Police Department's current authorized staffing level. The Officer would teach full time at one of Newport Beach's senior high schools one semester, then full - time at the other the next semester. Another approach would be to have the assigned officer teach at both schools on alternate days of the week, to insure some presence on both campuses during the particular semester. Over the two semesters, the program would reach approximately 700 students. The high school program would have two major components. The first component would be prevention education. This would consist of a series of lessons on social skills and violence prevention strategies taught by a . police officer. These lessons would require follow -up activities to be implemented by the classroom teacher. The second component of a high school D.A.R.E. program provides for procedures and strategies to deal with the identification, early intervention and after -care support of students whose behavior indicates substance abuse or other personal crisis likely to result in harm to the student or others. This component also provides for prevention strategies outside the D.A.R.E. instruction portion taught in the classroom. These prevention and intervention programs can include things like faculty in- service training, education meetings for parents, talkshops, interest groups, other alternative activities during or after school, and school based support groups for identified and referred high risk students. The curriculum set out for high school D.A.R.E. is flexible to allow for cultural and social difference in individual schools. The program can be tailored to address specific areas of concern, such as domestic violence, date rape, or teenage drunk driving. The use of an experienced police officer in the classroom lends a great deal of credibility to the program. The built -in flexibility insures that the content of what is being taught is current and relevant to the students. • Expansion of Police Presence to Senior High Schools Page 4 0 School Resource Officer School Resource Officer programs have been in place for many years in different cities throughout the country. These programs provide better law enforcement assistance to school administrators and their faculty. They also provide a resource to students and faculty for law enforcement related issues, and make the police more accessible to students. Their mere presence on campus serves as a deterrent to crime. The most obvious benefit of a School Resource Officer is that the officer provides a more immediate, but positive law enforcement presence on campus. When present, the officer would be responsible for handling any law enforcement matter that occurs on campus or in the immediate vicinity. Maintaining a stronger presence on campus means that response times could be much quicker to calls, thereby providing for increased safety to students and staff alike. Although in Newport Beach, our response time to emergencies is already quite good. School Resource Officers are usually responsible for most investigations and follow -ups on crimes that occur on school campuses. This means that not only would they handle crimes as they occur, but depending on the offense, they could do any necessary investigative work and follow -up with the courts, juvenile . authorities or school administrators as required. It is important to note that in the role of a law enforcement officer on campus, it is not the S.R.O.'s job to tell Principals or Administrators how to run their schools or how to discipline students. The S.R:O. is there as a resource for students and faculty to enhance the educational experience of the student, and to assist in the prevention of crime on campus. While engaging in their secondary role as a resource to teachers and students, they are available to assist in classroom instruction as guest lecturers on topics such as government, law, child abuse, and gang deterrence. They can also be integrated into health classes dealing with violence prevention. In some cases, depending on staffing levels, S.R.O.'s teach in the classroom in regularly scheduled classes such as D.A.R.E., but unless there was an officer assigned to each of the schools, such a dual role (D.A.R.E. and SRO), would hot be possible. S.R.O.'s participate in after school and extra- curricular functions with the students. They also are available for parent meetings and faculty training. These, combined with the other functions they perform, make them an integral part of the school. Their presence on campus and their familiarity with both students and the school, make for a closer, more effective working relationship with outside public agencies such as Social Services, Probation, and the Courts. Student attitudes about law enforcement and the criminal justice system are • positively affected by the type of daily interaction that occurs when a police Expansion of Police Presence to Senior High Schools Page 5 officer is on campus on a regular basis in a non - enforcement role. These types of positive relationships with students result in proactive law enforcement. Positive contacts curb criminal activity and delinquent behavior. Students are more likely to discuss emerging problems with an officer with whom they have regular, non - threatening contacts. This can lead to stopping problems before they start. S.R.O.'s in existing programs frequently offer help or referral information for students that are "at risk" or heading that direction. In addition to being able to recognize students who have the potential for problems with drug use, violence, or criminal behavior, the S.R.O.s' status and experience as sworn police officers give them credibility when dealing with students. Just being available to listen to students and parents concerns and provide answers to questions about police related issues has a positive impact on students. An S.R.O. program does not make the Officer responsible for all of the preventative or counseling types of duties for "at risk" children. However, experience from other jurisdictions tells us that when that trust level is established with an S.R.O., students will routinely confide in the officer who is on campus. Ultimately, a cooperative relationship develops between the police, teachers, school counselors, and school administrators. The specific role that an S.R.O will take on a high school campus is something that must be mutually agreed upon by the Police Department and the School • District. Depending on the school, the role can emphasize any one or more characteristics of enforcement, counseling, confidante, or teacher. This role can also change as the needs of the school change. Studies in different parts of the country (Tulare, Ca., Flint, Mi., and Miami, Fl.) have shown both reductions in juvenile crime and positive changes in perceptions of personal safety on campus where S.R.O. programs are in place. The degree to which each of these improves depends on the goals of the program and the role the S.R.O. takes in the school. School Resource Officer programs have been in use since the 1950's. As early as 1973, the National Advisory Commission on Criminal Justice Standards and Goals recommended School Resources Officer programs be established in high schools. Several school districts in Orange County, including Irvine, Tustin, and Santa Ana, have S.R.O. programs in place. Each of those cities has a slightly different focus for their programs, based on the needs of the school and the community. These cities report that their programs accomplish the goals set for them. At a minimum, the implementation of a School Resource Officer program in Newport Beach would require the addition of one sworn officer to the Police Department's current authorized staffing level. That officer could cover both Expansion of Police Presence to Senior High Schools Page 6 Newport Harbor and Corona Del Mar High Schools, spending approximately half time on each campus. It is important to note that due to the classroom and curriculum demands of the High School D.A.R.E. program, the addition of a single officer would not be sufficient to cover both D.A.R.E. responsibilities and S.R.O. duties at both campuses. These duties could be combined if there were a single officer assigned to each school. This has been done successfully in other jurisdictions throughout the country. Cost The cost associated with either of these programs would depend upon which program was chosen and how heavily it is to be staffed. If a decision is made to incorporate both concepts (the optimum model), it will require an officer to be assigned to each high school campus. In doing so, the officer could teach the structured high school D.A.R.E. curriculum, and still have time to fulfill the added, less structured S.R.O. role. The average cost for one additional officer's salary and benefits is $63,609 a year. An additional one -time expense of $5,496.00 would be needed for uniforms, safety gear, and training. This figure includes a cost of $2260 in fees to send an officer to the basic police academy, should that be necessary for backfill. The existing fleet could accommodate vehicles for the . officers to use during daytime hours. Currently, without reducing field deployment in the Patrol Division, or eliminating some level of investigative follow -up, there is no way to accommodate the expanded program(s) with existing staff, since our existing service level to the general public would be adversely affected. Funding Funding for both D.A.R.E. and School Resource Officer programs on high school campuses can come from several sources. Some jurisdictions share the cost equally with their school districts, since there is a direct benefit to the district involved. Others absorb the cost as a general fund expenditure. Locally, Irvine PD currently has three full -time officers assigned to high schools in their city. All of these positions are paid for out of the general fund through the regular budget process. Irvine PD recently submitted an application for a COPS MORE grant to fund a fourth position. They have not used grant money for these positions in the past. Tustin PD has two D.A.R.E. officers and a School Resource Officer. All of these positions are funded through the regular budget process. No grant money has been applied for or used. We explored several possibilities as it relates to grant funding in the preparation of this report. The Federal Office of Justice Programs in Washington D.C. Expansion of Police Presence to Senior High Schools Page 7 advised that a COPS MORE grant could fund additions to the D.A.R.E. program, however the competitive application process closed in April. More funding is anticipated in the future, however the timing is uncertain. There is currently a bill in committee in the State Senate (SB 425) that will provide 190 million dollars in grant money to put police officers on school campuses, although those officers may be employed directly by school districts, instead of coming from local agencies. While this bill is still in the early stages, it may eventually fund School Resource Officer type programs. As with any legislative process, the ultimate outcome is uncertain. Contact was made with the Director of Juvenile Justice and Delinquency Prevention Branch of the Office of Criminal Justice Planning (OCJP). OCJP is the State agency which awards grant funds for a variety of programming, including School Resource Officer Programs. She stated there would be an announcement in a month or so about a new round of funding, which may offer some grant opportunities to consider; however, since it is a competitive process, there is no guarantee of funding. In addition, if there was an interest in considering a fall start up of any programmatic expansion to the high school campuses, the timing of the selection and award of recipients (assuming we were successful), may not permit it. Conclusion . The High School D.A.R.E. program seeks to impact the safety and behavior of students through the re- enforcement of concepts taught in elementary school and junior high. It also touches on some new concepts dealing with violence prevention education as a means of addressing the concerns of crime on campus and threats to the safety of the students, faculty and affected community. D.A.R.E.'s primary benefit is in providing students with life skills for dealing with the pressures of drugs and violence. Since this is usually done in a classroom setting or in specific group meetings with the officer teaching during most of his /her workday, there is only a minimal amount of increased police response to immediate problems that develop on campus. There is also no increased police presence or proactive patrol activity on the school campus or in the surrounding neighborhood. School Resource Officer programs provide a greater police presence on campus to deal with crime in both enforcement and prevention settings. The Officer's presence on campus provides for a faster, more efficient method of dealing with crime and safety issues. The easier accessibility of the police also provides for clearer routes for information to pass between the school, students, parents, and the police about developing problems. Preventative actions and intervention can then be taken to stop problems before they start, or to end them quickly once they manifest themselves. Additional gains can be accomplished by using the police as an educational resource for teachers in the classroom. This close • Expansion of Police Presence to Senior High Schools Page 8 working relationship between the police and the schools accounts for an increased sense of personal safety for students at schools where S.R.O. programs are in place. Selection of one of these programs requires that the specific goals for the program be identified. If the desire is to educate students and, provide them with additional life skills for dealing with drugs and crime, then the High School D.A.R.E. program would appear to be the best vehicle. If the desire is to provide increased protection from violence and safer, more secure educational institutions, a School Resource Officer program would be more appropriate. Obviously, both models incorporated together offer the best approach. The ultimate decision must be made after in -depth discussions with the policymakers of both the City and the School District. Prepared by, i/ Mike McDermott, Sergeant Community Relations f.� • Approved by, &t- 94 Bob McDonell CHIEF OF POLICE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA SCHOOL DISTRICT TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM AT NEWPORT HARBOR HIGH SCHOOL AND CORONA DEL MAR HIGH SCHOOL THIS AGREEMENT, entered into this _ day of 1999, (Execution 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 swom 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 February 7, 2000 or as soon thereafter as the CITY has secured the personnel and equipment necessary to provide . required Services. This AGREEMENT shall expire on February 7, 2003 unless extended pursuant by written agreement of the Parties or terminated as specified in Section 7. 2. CITY SERVICES a. Services — General. CITY will provide two full time swom 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: L Teach the D.A.R.E. program to students at Newport Harbor High School (NHHS) and Corona Del Mar High School ( CDMHS) ii. Establish and maintain a liaison between DISTRICT personnel, Newport Beach Police Department personnel, and elements of the juvenile justice system. • iii. 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. 0 iv. The Officer assigned to CDMHS shall perform the Services described in Paragraphs (ii) and (iii) 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: I. 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. 2 3. 4. 5. DISTRICT DUTIES In addition to other duties specified in this AGREEMENT, DISTRICT shall do the following: 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. 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 swom 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. C. Coordination with D.A.R.E. CITY shall use its best efforts to coordinate the schedules of the Officers and the D.A.R.E. Officer to provide the most complete coverage possible for the NHHS and CDMHS campuses and DISTRICT events and activities. FUNDING a. Cost of Services m Personnel and Equipment. CITY is required to hire two additional police officers to provide the Services required by this AGREEMENT. City is also required to purchase or lease two additional police vehicles and safety equipment for the additional officers. The total 3 0 estimated cost of purchasing and equipping one additional marked patrol • vehicle is $47,973. b. Funding of Personnel. DISTRICT shall pay CITY fifty percent (50 %) of the total compensation paid to the two Officers by CITY. The tern 'total compensation" includes salary and benefits as those exist on the Effective Date and as modified from time to time during the Term. DISTRICT shall also pay CITY fifty percent (50 %) of the initial costs of equipment and training for each Officer. C. Funding of Equipment. DISTRICT shall pay CITY twenty -five percent (25 %) of the initial cost of purchasing and equipping one patrol vehicle, but not to exceed $11,993. CITY shall pay all other costs of purchasing, equipping, operating and maintaining the two vehicles. d. 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 -1/2) times their regular rate of pay for overtime. e. DISTRICT Payments. DISTRICT shall pay its share of the cost of initial training and equipment for the Officers and its share of the cost of the one patrol vehicle within thirty (30) days after the Effective Date and receipt of an invoice from CITY. DISTRICT shall pay its initial share of the total compensation of the two Officers within thirty (30) days of receipt of an invoice submitted no earlier than sixty days after the Effective Date. Thereafter, 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 fifteen (15) days of receipt of an invoice from CITY. 6. SPECIAL PROVISIONS a. Selection of Officer. The Chief of Police shall, subsequent to the execution date, advise all qualified sworn personnel of the Officer assignment and request eligible personnel to express their interest in the :1 assignment. The Chief of Police will then 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 hannless 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 elected and appointed officials, officers, and employees of the CITY. 0 0 b. 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 create, any benefit or liability to third parties. 2 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed. • CITY OF NEWPORT BEACH A municipal corporation Dated: Dated: M Mayor NEWPORT -MESA SCHOOL DISTRICT 0 7 Superintendent 0 •