HomeMy WebLinkAbout10 - School Resource Officer Program AgreementCTY OF
F
NEWPORT BEACH
" City Council Staff Report
July 28, 2015
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jay R. Johnson, Chief of Police — (949) 644 -3701, jjohnson @nbpd.org
PREPARED BY: Jon Lewis, Deputy Chief
PHONE: (949) 644 -3750, jlewis @nbpd.org
TITLE: School Resource Officer Program Agreement
ABSTRACT:
The Police Department seeks City Council approval for 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 REQUIREMENTS:
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 15 -16 budget, as are revenues from the NMUSD
in the amount of $221,951.
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 both Corona del Mar and Newport Harbor High
Schools. That Agreement also specified that the Corona del Mar SRO would provide similar services
for Ensign Middle School. The original Agreement took effect on February 7, 2000, and expired on
February 7, 2003. Every year since that expiration, the City has approved annual amendments to the
original Agreement to continue these services.
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
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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, 2015. This proposed new Agreement contains
the same structure and arrangement as last year.
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).
ATTACHMENTS:
Description
Attachment A - Agreement for SRO Program
Attachment B - SRO Benefit Analysis
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ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT
TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM
THIS AGREEMENT FOR SCHOOL RESOURCE OFFICER PROGRAM
( "Agreement ") is made and entered into as of this 25th day of August, 2015 ( "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 St., 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 carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. District is a political subdivision of the State of California located in Orange
County, California, and is organized and exists pursuant to the laws of the State
of California.
C. District is in need of special services available through the School Resource
Officer Program (the special services are described in Section 2 and are referred
to collectively as the "Services ").
D. District is authorized to enter into this Agreement pursuant to the laws of the
State of California.
E. City employs sworn peace officers specially trained, experienced and competent
to provide the Services and City is willing to provide Services to District on the
terms and in the manner provided in this Agreement.
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.
NOW THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date and shall
terminate on June 30, 2016, unless terminated earlier as set forth herein.
2. CITY SERVICES
2.1 Services - General. City shall provide two (2) full time sworn peace
officers with the Newport Beach Police Department to function as School Resource
Officers ( "Officers "). The Officers shall perform services under the supervision and
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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.
2.2.3 The Officer assigned to Corona Del Mar High School ( "CDMHS ")
shall perform the Services described in Section 2.3 at Corona Del Mar Middle School.
2.2.4 The Officer assigned to Newport Harbor High School ( "NHHS ")
shall perform the Services described in Section 2.3 at Ensign Middle School.
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 NHHS and CDMHS
campuses
2.3.2 Conduct preliminary and follow -up investigations of crimes that
occur on or near the NHHS or CDMHS campus.
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 shall 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
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4. OPERATIONAL PROCEDURES
4.1 Uniformed Officers. The Officer shall 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 (2) Officers to District four
(4) days per 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 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 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 Exhibit A and incorporated herein by reference.
5.2 Funding - Supplemental Services. District may request City provide
additional services (services in addition to those performed during the normal four (4)
day, ten (10) hour work week) by an Officer during evening or weekend events such
as PTA meetings, Back -to- School nights, Open House(s), sporting event(s), dance(s),
prom(s) or other District - sponsored events. City shall use its best efforts to provide
the requested services by the Officer assigned to the campus at which the event or
activity is scheduled. District shall pay City all costs that City incurs in providing
additional services as requested by the District representative, with the understanding
that City is generally required to pay Officers at least one and one -half (1 '' /z) 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.
lIIIIIIIIIIII�*J *4 F11 111111:2
6.1 Selection of Officer. The Chief of Police shall 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
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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 (1) 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 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 4
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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:
9.1 All notices from District to City shall be addressed to City at:
Chief of Police
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
9.2 All notices from City to District shall be addressed to District at:
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.
Newport-Mesa Unified School District Page 5
10 -7
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.
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 person because of
race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex, sexual orientation, 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
M
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE O T E CITY ATTORNEY
Date:
CITY OF NEWPORT BEACH,
A California municipal corporation
By: By:
Aaro C Harper Ed Selich
City Alforney Mayor
ATTEST:
Date:
Bv:
Leilani I. Brown
City Clerk
DISTRICT: NEWPORT -MESA UNIFIED
SCHOOL DISTRICT, a political
subdivision of the State of California
Date:
Bv:
Paul Reed
Deputy Superintendent and
Chief Business Official
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
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City of Newport Beach
School Resource Officer Benefit Analysis
Estimate For Fiscal Year 2015 -2016
Police Association (PA)("
Salary
Base Salary
Scholastic (% of base salary)
Holiday (Max 3.7 hm /pay period)
Bilingual
Total Salary
Fringe Benefits
Cafeteria Allowancet21
Medical Allowancenl
Medicare (1.45 %)
Retiree Health Savings (RHS)
Life Insurance
FAP
Compensated Absences (3.5% of base salary)
PERS EE Contribution Safety (9.0 %)
PERS EE Contribution Safety Giveback (- 13.10 %)
PERS ER Safety Retirement (60.206 %)
PORAC Retirement Trus(PI
Uniform Allowance (PERSable)
Total Benefits
Total Compensation
EXHIBIT A
Gary Clemente
Police
Police
Officer
10080
13304
Annual
Annual
Monthly
Houdy
110.416
9,201
53.08
6.073
506
2.92
5.107
426
2.46
121,596
10,133
58.46
17,688
1,474
8.50
1,464
122
0.70
1,763
147
0.85
1,380
115
0.66
105
9
0.05
23.63
2
0.01
3,865
322
1.86
11,043
920
5.31
(16,073)
(1,339)
(8)
73.870
6,156
35.51
1,200
100
0.58
1,100
92
0.53
97.428
8,119
46.84
219,024
18,252
105.30
Annual Total for both School Resource Officers: 380,242
112 of Annual Total for both School Resource Officers: 190,121
Notes:
Vladimir Anderson
Police
Officer
10080
Annual
Monthly
Hourly
115,981
9,665
55.76
2.320
193
1,12
5,364
447
2.58
2.400
200
1.15
126.065
10,505
60.61
17,688
1,474
8.50
1,464
122
0.70
1,828
152
0.88
105
9
0.05
23.63
2
0.01
4,059
338
1.95
11,445
954
5.50
(16.659)
(1,388)
(8)
76.561
6,380
36.81
1,200
100
0.58
1,100
92
0.53
98,814
8,235
47.51
224,879
18,740
108.11
(1) The listed benefits are paid to each employee per the Newport Beach Police Association
Memorandum of Understanding effective July 1. 2014- June 30, 2017
[2] The City's current contribution toward the Cafeteria plan is $1,424 /month.
Effective January 2016, the City's contribution toward the Cafeteria plan will be $1.524.
(3] The medical allowance is $110 per month.
(4] Effective since January 1, 2013, the City contributes $100 per month for the PORAC Retirement trust.
(5] Reflects 2.5% COLA increase to base salary effective 7/1/2015.
Newport-Mesa Unified School District
Page A -1
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City of Newport Beach
School Resource Officer Benefit Analysis
Estimate For Fiscal Year 2015 -2016
Police Association (PA)'"
Salary
Base Salary
Scholastic (% of base salary)
Holiday (Max 3.7 hrslpay period)
Bilingual
Total Salary
Fringe Benefits
Cafeteria Allmvancepl
Medical Allowancepi
Medicare (1.45%)
Retiree Health Savings (RHS)
Life Insurance
EAP
Compensated Absences (3.5% of base salary)
PERS EE Contribution Safely (9.0 %)
PERS EE Contribution Safety Giveback (- 1110 %)
PERS ER Safety Retirement (60.206 %)
PORAC Retirement Trusll +l
Uniform Allowance (PERSable)
Total Benefits
Total Compensation
/_1aC_Cy:h4i=Iki 119 -3
EXHIBIT A
Gary Clemente
Police Officer
Police
Officer
10080
13304
Monthly
Annual
Mont�!X
Hourly
110,416
9.201
53.08
6.073
506
2.92
5,107
426
2.46
121.596
10.133
58.46
17,688
1,474
8.50
1.464
122
0.70
1.763
147
0.85
1,380
115
0.66
105
9
0.05
23.63
2
0.01
3.865
322
1.86
11,043
920
5.31
(16.073)
(1.339)
(8)
73.870
6,156
35.51
1.200
100
0.58
1,100
92
0.53
97.428
8.119
46.84
219.024
18.252
105.30
Annual Total for both School Resource Officers: 443,903
112 of Annual Total for both School Resource Officers: 221,951
Vladimir Anderson
Police Officer
10080
Annual
Monthly
Hourly
115,981
9.665
55.76
2.320
193
1.12
5,364
447
2.58
2,400
200
1.15
126.065
10.505
60.61
17,688
1.474
8.50
1,464
122
0.70
1,828
152
0.88
105
9
0.05
23.63
2
0.01
4,059
338
1.95
11.445
954
5.50
(16.659)
(1.388)
(8)
76,561
6,380
36.81
1.200
100
0.58
1.100
92
0.53
98.814
8,235
47.51
224.879
18,740
108.71
Notes:
Ill The listed benefits are paid to each employee per the Newport Beach Police Association
Memorandum of Understanding effective July 1, 2014 - June 30, 2017
121 The City's current contribution toward the Cafeteria plan is $1,424 /month.
Effective January 2016, the City's contribution toward the Cafeteria plan will be $1,524.
131 The medical allowance is $110 per month.
141 Effective since January 1, 2013, the City contributes $100 per month for the PORAC Retirement trust.
[51 Reflects 2.5% COLA increase to base salary effective 7/1/2015.
Newport-Mesa Unified School District Page A -1
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