Loading...
HomeMy WebLinkAboutC-3309 - Agreement to Participate in the School Resource Officer ProgramAGREEMENT 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 23rd day of August, 2016 ("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 herein 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 expire on June 30, 2017, unless extended by written agreement of the parties or 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 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 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 4. OPERATIONAL PROCEDURES 4.1 Uniformed Officers. The Officer will perform his/her duties in full police uniform. This uniform shall 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, 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 may 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 'h) 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 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 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. Newport -Mesa Unified School District Page 4 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: 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. Newport -Mesa Unified School District Page 5 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 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 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: e41 ( ��j I I By: a(AvA �✓ Aaron C. Harp '."m oo I 11h11U City Attorney ATTEST: Date: ! Q' �J` v � l 4) z i Leilani 1. o.1 CITY OF NEWPORT BEACH, A California municipal corporation Date: I By: Diaa B. Dixon Mayor DISTRICT: NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California Date: t-Z't - 20 (o By: Paul Reed Deputy Superintendent and Chief Business Official Approved or ratified by the Newport -Mesa Unified School District Board. Date: <n .2 a> - 2oi (,- [END P [END OF SIGNATURES] Attachments: Exhibit A: School Resource Officer Employee Benefit Analysis Newport -Mesa Unified School District Page 7 City of Newport Beach School Resource Officer Employee Benefit Analysis FY 2016-2017 Forecasted Police Association IPA)"' Salary Base Salary Scholastic (% of base salary) Holiday (Max 3.7 hrslpay period) Bilingual Total Salary Fringe Benefits Cafeteria Allowancel" Medical Allowance Medicare (1.45%) Retiree Health Savings (RHS) Life Insurance EAP Compensated Absences (3.50!u of base salary) PERS EE Contribution Safety (9.0%) PERS EE Contribution Safety Giveback (-13.60%) PERS ER Safety Retirement (65.207%) PORAC Retirement Trust Uniform Allowance (PERSabte) Total Benefits Total Compensation EXHIBIT A Gary Clemente Police Officer .. of a . c 10080 Annual Monthly Hourly 113,167 9,431 54.41 7,356 613 3.54 5,234 436 2.52 125356 10,480 60.46 18,288 1,524 8.79 1,522 127 0.73 1,823 152 0.88 1,350 113 0.65 105 9 0.05 25.08 2 0.01 3,961 330 1.90 11,417 951 5.49 (17,252) (1,438) (8) 82,719 6,893 39.77 1,200 100 0.58 1,100 92 0.53 106,258 8,855 51.09 51.55 232,014 19,335 111.55 Annual Total for both School Resource Officers: 468,388 112 or Annual Total for both School Resource Officers: 234,194 Vladimir Anderson Police Officer 10080 Annual Monthly Houdy 118,880 9,907 57.15 2,378 198 1.14 5,498 458 2.64 2,400 200 1.15 129,156 10,763 62.09 18,288 1,524 8.79 1,522 127 0.73 1,873 156 0.90 105 9 0.05 25.08 2 0.01 4,161 347 2.00 11,723 977 5.64 (17,715) (1,476) (9) 84,936 7,078 40.83 1,200 100 0.58 1,100 92 0.53 107,218 8.935 51.55 236,374 19.698 113.64 Notes: 111 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 Effective January 2016, the City's contribution toward the Cafeteria plan is $1,524. Newport -Mesa Unified School District Page A-1 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 m ("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 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 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 ''/2) 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 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 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 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 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 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE O THE CITY ATTORNEY Date: 7 / By: ` T Aaron C/ Harp U� City Attorney ATTEST - Date: 6_ Date: D By: hial �- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: L�L-2o By E ScP elich Mayor DISTRICT: NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California Date: li-3i -26)f By: A20N Paul Reed Deputy Superintendent and Chief Business Official Approved or ratified by the Newport -Mesa Unified School District Board. 27 Date: S• jPA- 20 t j [END OF SIGNATURES] Attachments: Exhibit A: School Resource Officer Employee Benefit Analysis Newport -Mesa Unified School District Page 7 City of Newport Beach School Resource Officer Benefit Analysis Estimate For Fiscal Year 2015-2016 Pollee Association (PA11rl Salary Base Salary Scholastic V,'. of base salary) Holiday (Max 3.7 hrsrpay penoo) Bilingual Total Salley Fringe Benefits Cafeteria Ailrn rice' Medical Allowance' Medicare (1.45%) Retiree Health Sarmgs iRHS) Life insurance EAP Compensated Absences (3.5`.: of base salary) PERS EE Comdbm on S.;fo,) (9.05) PERS EE Contdbutaf. s.c.ry G,veback (-13.10%) PERS ER Safety Rcemnnem ;60.206%) PORAC Retirement Trust " Uniform Allowance tPERSable) Total Benefits Total Compensation NOWB ]"i Vladimir Andaman Pollee Officer F, 0. ,c 10080 Amu., 'onth.,y Hourly ' 10 416 9 20' 53.08 6,073 506 292 5,107 426 246 121,596 10.133 58.48 17 688 1,474 8.60 t,464 122 0.70 1.763 147 0.85 1.380 115 0.66 105 9 0.05 23.63 2 0,01 3.885 322 1,86 11,643 920 5.31 (16073) (1,330) (8) 73.870 6.156 35.51 1.200 100 0.58 1.100 92 0.53 97,428 8119 46.84 219,024 18.252 105.30 Vladimir Andaman Pollee Officer 10080 Mnual MonlMy Houdv 115.981 9.665 55.76 2,320 193 1.12 5364 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) (a) 76,561 6.360 36.81 1,200 100 0.58 .1 ,100 92 0.53 9&814 8.235 47.51 224.879 18,740 188.11 Annual Total for both Stinal Resource Officers : 3,x,:;5 12 of Annual Total for both School Resource Olficers: 221.951 Notes: 111 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 51,4241moeth. Effective January 2016, the City's contribution toward the Cafeteria plan will be $1,524. [31 The medical allowance is $110 per month. [41 Effective since January 1, 2013, the City contributes $100 per month for the POR,%C Retirement trust. [51 Reflects 2.5% COLA increase to base salary effective 7/1/2015. Newport -Mesa Unified School District Page A-1 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 12th day of August, 2014 ("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 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, 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 expire on June 30, 2015 unless extended pursuant by written agreement of the parties or terminated as specified in Section 7. 2. CITY SERVICES 2.1 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 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 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. Newport -Mesa Unified School District Page 2 3.1.2 District Personnel - Cooperation. District personnel shall cooperate with the Officer to facilitate his/her performance of Services pursuant to this Agreement. 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 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. S. 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 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 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 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. Newport -Mesa Unified School District Page 3 6. SPECIAL PROVISIONS 6.1 Selection of Officer. The Chief of Police will determine those individuals best suited for the assignment and advise the District of the eligible candidates. The Chief of Police shall select the Officers to be assigned from the eligible candidates (or from other qualified staff, should no one express an interest), after consideration of any input from the District representative. 6.2 Special Events. The School Resource Officer Program shall not supplant or alter the existing District practice of hiring Newport Beach Police Department personnel for the purpose of policing special events. However, if the District has requested the Officer's presence at an event, or requested supplemental services to be 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 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 Newport -Mesa Unified School District Page 4 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: 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 Consultant 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 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 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 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF TH7 CITY ATTORNEY Date: -77 Iq By: Aaro . Harp City Attorney ATTEST: )%�/ /t� Date: Q / / By: A!� (/I— r1vz–_ Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: 5.13 . 1 %4 By. 2 Rush N. Hill, II Mayor DISTRICT: NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California Date: By: Paul Reed Deputy Superintendent and Chief Business Official Approved or ratified by the Newport -Mesa Unified School District Board. Date: $-17.20 iy [END OF SIGNATURES] Attachments: Exhibit A: School Resource Officer Employee Benefit Analysis Newport -Mesa Unified School District Page 7 City of Newport Beach School Resource Officer Benefit Analysis Estimate FY2014.2015 Police Association (PA)f�1 Salary Scholastic (%of pay) Holiday (max is 3.7 hours/pay period) Bilingual Total Salary Cafeteria Aliowancel31 Medical Allowance 121 Medicare (.0145) Life Insurance (per month) Retiree Health Savings (RHS) EAP ($1.97/month) Compensated Absences (3.5% of base salary) PERS EE Contribution Safety (9.0%) PERS EE Contribution Safety Giveback (-12.6%) PERS ER Safety Retirement (44.522%) Uniform Allowance (PERSable) PORAC Retirement Trust (eff Jan 2013)131 Total Benefits Total Compensation Annual Total for both School Resource Officers: EXHIBIT A Marie Gamble (Oepweg) Police Officer 13185 Annual Monthly Hourly 102,613 8,551 49.33 5,644 470 2.71 4,746 395 2.28 113,003 9,417 54.33 16,488 1,374 7.93 1,428 119 0.69 1,654 138 0.80 105 9 0.05 1,710 143 0.07 24 1.97 0.01 3,591 299.29 1.73 10,269 855.77 4.94 (14,377) (1,198) (6.91) 50,801 4,233 24.42 1,100 92 0.53 1,200 100 0.58 73,993 6,166 34.82 186,996 15,583 89.15 380,242 1/2 of Annual Total for both School Resource Officers: 190,121 Vladimir Anderson Police Officer 10080 Annual Monthly Hourly 107,730 8,977 51.79 2,155 180 1.04 4,983 415 2.40 2,400 200 1.15 117,267 9,772 56.38 16,488 1,374 7.93 1,428 119 0.69 1,716 143 0.83 105 9 0.05 1,710 143 0.07 24 1.97 0.01 3,771 314.21 1.81 10,653 887.75 5.12 (14,914) (1,243) (7.17) 52,699 4,392 25.34 11100 92 0.53 1,200 100 0.58 75,979 6,332 35.77 193,246 16,104 92.15 Notes: (1] The listed benefits are paid to each employee per the Newport Beach Police Association Memorandum of Understanding effective July 1, 2014. [2] Effective January 1, 2015, the City's contribution toward the Cafeteria plan is $1,424 per month. The medical allowance is $119 per month. [3) Effective since January 1, 2013, the City contributes $100 per month for the PORAC Retirement trust Newport -Mesa Unified School District Page A-1 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 12th day of August, 2014 ("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 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, 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 expire on June 30, 2015 unless extended pursuant by written agreement of the parties or terminated as specified in Section 7. 2. CITY SERVICES 2.1 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 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 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. Newport -Mesa Unified School District Page 2 3.1.2 District Personnel - Cooperation. District personnel shall cooperate with the Officer to facilitate his/her performance of Services pursuant to this Agreement. 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 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 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 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 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. Newport -Mesa Unified School District Page 3 6. SPECIAL PROVISIONS 6.1 Selection of Officer. The Chief of Police will determine those individuals best suited for the assignment and advise the District of the eligible candidates. The Chief of Police shall select the Officers to be assigned from the eligible candidates (or from other qualified staff, should no one express an interest), after consideration of any input from the District representative. 6.2 Special Events. The School Resource Officer Program shall not supplant or alter the existing District practice of hiring Newport Beach Police Department personnel for the purpose of policing special events. However, if the District has requested the Officer's presence at an event, or requested supplemental services to be 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 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 Newport -Mesa Unified School District Page 4 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: 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 Consultant 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 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 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 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: 7 1Z By: Aaro Erney Harp City A ATTEST: L�)—z /Date: By.A4k F?IK— Leilani I. Brown City Clerk ru<te\ CITY OF NEWPORT BEACH, A California municipal corporation Date: e. 13. 1 `f By: Z _&�o Rush N. Hill, II Mayor DISTRICT: NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California Date: By: A!22 '✓ Paul Reed Deputy Superintendent and Chief Business Official Approved or ratified by the Newport -Mesa Unified School District Board. Date: T5.17• ?o),-/ [END OF SIGNATURES] Attachments: Exhibit A: School Resource Officer Employee Benefit Analysis Newport -Mesa Unified School District Page 7 City of Newport Beach School Resource Officer Benefit Analysis Estimate FY2014-2015 Police Association (PA)I'l Salary Scholastic (% of pay) Holiday (max is 3.7 hours/pay period) Bilingual Total Salary Cafeteria Allowancel=i Medical Allowancel=i Medicare (.0145) Life Insurance (per month) Retiree Health Savings (RHS) EAP ($1.97/month) Compensated Absences (3.5%of base salary) PERS EE Contribution Safety (9.0%) PERS EE Contribution Safety Giveback (-12.6%) PERS ER Safety Retirement (44.522%) Uniform Allowance (PERSable) PORAC Retirement Trust (eff Jan 2013)j3l Total Benefits Total Compensation Annual Total for both School Resource Officers: EXHIBIT A Merle Gamble (Depweg) Police Officer 13185 Annual Monthly Hourly 102,613 8,551 49.33 5,644 470 2.71 4,746 395 2.28 113,003 9,417 54.33 16,488 1,374 7.93 1,428 119 0.69 1,654 138 0.80 105 9 0.05 1,710 143 0.07 24 1.97 0.01 3,591 299.29 1.73 10,269 855.77 4.94 (14,377) (11198) (6.91) 50,801 4,233 24.42 1,100 92 0.53 1,200 100 0.58 73,993 6,166 34.82 186,996 15,583 89.15 380,242 1/2 of Annual Total for both School Resource Officers: 190,121 Vladimir Anderson Police Officer 10080 Annual Monthly Hourly 107,730 8,977 51.79 2,155 180 1.04 4,983 415 2.40 2,400 200 1.15 117,267 9,772 56.38 16,488 1,374 7.93 1,428 119 0.69 1,716 143 0.83 105 9 0.05 1,710 143 0.07 24 1.97 0.01 3,771 314.21 1.81 10,653 887.75 5.12 (14,914) (1,243) (7.17) 52,699 4,392 25.34 1,100 92 0.53 1,200 100 0.58 75,979 6,332 35.77 193,246 16,104 92.15 Notes: [1] The listed benefits are paid to each employee per the Newport Beach Police Association Memorandum of Understanding effective July 1, 2014. [2] Effective January 1, 2015, the City's contribution toward the Cafeteria plan is $1,424 per month. The medical allowance is $119 per month. [3] Effective since January 1, 2013, the City contributes $100 per month for the PORAC Retirement trust. Newport -Mesa Unified School District Page A-1 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 13th day of August, 2013 ("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 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, it is mutually agreed by and between the undersigned parties as follows: iINEEMNUN The term of this Agreement shall commence on the Effective Date and shall expire on June 30, 2014 unless extended pursuant by written agreement of the parties or terminated as specified in Section 7. 2. CITY SERVICES 2.1 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. 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 hislher 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 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. Newport -Mesa Unified School District Page 2 3.1.2 District Personnel - Cooperation. District personnel shall cooperate with the Officer to facilitate his/her performance of Services pursuant to this Agreement. 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 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 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 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 'l2) times their regular rate of pay for overtime. 5.3 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 (90) days after the initial invoice). District shall pay for supplemental services within thirty (30) days of receipt of an invoice from City. Newport -Mesa Unified School District Page 3 6. SPECIAL PROVISIONS 6.1 Selection of Officer. The Chief of Police will determine those individuals best suited for the assignment and advise the District of the eligible candidates. The Chief of Police shall select the Officers to be assigned from the eligible candidates (or from other qualified staff, should no one express an interest), after consideration of any input from the District representative. 6.2 Special Events. The School Resource Officer Program shall not supplant or alter the existing District practice of hiring Newport Beach Police Department personnel for the purpose of policing special events. However, if the District has requested the Officer's presence at an event, or requested supplemental services to be 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. Ic��lt]WIVITaL+%weI►! 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 Newport -Mesa Unified School District Page 4 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: 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 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 Consultant 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 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 rale 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 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 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: -7/ate 03 By: Aaron C. Qar City Attorney ATTEST: Date: By: ►._., " h*"/ BrownLeilani 1. City Clerk '_ ORN%r CITY OF NEWPORT BEACH, A California municipal corporation Date: By: 44 — Keith Keith D. Curry Mayor DISTRICT: NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California Date: �•2�s-tai3 B Y• PaulReed 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 Newport -Mesa Unified School District Page A-1 CITY OF NEWPORT BEACH School Resource Officer Employee Benefit Analysis Estimate FY 2013-14 Compensation Scholastic Holiday Bilingual Total Salary Fringe Benefits Cafeteria/Medical Allowance (Health, Dental, Vision Insurance) Medicare (1.45%) Retiree Medical Reimbursement (MERP) Life Insurance EAP Compensated Absences (3.5% of base salary) PERS-Safety 3%@50 EPMC* PERS-Safety 3%@50 ER EE Retirement Contribution (eff 7/26/13) PORAC Retirement Trust Uniform Total Benefits Total Compensation Marie Gamble (Depweg) Police Officer 10080 13185 Annual Annual Monthly Hourly 101,728 8,477 48.91 5,595 466 2.69 4,705 392 2.26 112,028 9,336 53.86 16,967 1,414 8.16 1,626 136 0.78 1,195 100 0.57 105 9 0.05 23 2 0.01 3,560 297 1.71 123 10 0.06 46,067 3,839 22.15 (4,481) (373) (2.15) 1,200 100 0.58 1,100 92 0.53 67,485 5,624 32.44 189,041 179,514 14,959 86.30 Annual total for both School Resource Officers: 368,555 1/2 of annual total for both School Resource Officers: 184,277 *Effective pay period end 7/26/13, the City will no longer contribute EPMC for members in bargaining unit 20. *Effective 1/1/2014, the cafeteria allowance will increase from $1234/month to $1324/month Vladimir Anderson Police Officer 10080 Annual Monthly Hourly 109,895 9,158 52.83 2,198 183 1.06 5,083 424 2.44 2,400 200 1.15 119,576 9,965 57.49 16,967 1,414 8.16 1,736 145 0.83 105 9 0.05 23 2 0.01 3,846 321 1.85 131 11 0.06 49,141 4,095 23.63 (4,783) (399) (2.30) 1,200 100 0.58 1,100 92 0.53 69,465 5,789 33.40 189,041 15,753 90.89 10 AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM J THIS AGREEMENT FOR SCHOOL RESOURCE OFFICER PROGRAM ("Agreement') is made and entered into as of this —� day of August, 2012 ("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 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, 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 expire on June 30, 2013 unless extended pursuant by written agreement of the parties or terminated as specified in Section 7. 2. CITY SERVICES 2.1 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. 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 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. Newport -Mesa Unified School District Page 2 3.1.2 District Personnel - Cooperation. District personnel shall cooperate with the Officer to facilitate his/her performance of Services pursuant to this Agreement. 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 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. 5.1 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 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 PTA meetings, Back -to -School nights, Open House(s), sporting event(s), dance(s), prom(s) or other District -sponsored events. City shall use its best efforts to provide the requested services by the Officer assigned to the campus at which the event or activity is scheduled. District shall pay City all costs that City incurs in providing additional services as requested by the District representative, with the understanding that City is generally required to pay Officers at least one and one-half (1 '/2) times their regular rate of pay for overtime. 5.3 District Payments. District shall pay its share of the total compensation of the two 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. Newport -Mesa Unified School District Page 3 6. SPECIAL PROVISIONS 6.1 Selection of Officer. The Chief of Police will determine those individuals best suited for the assignment and advise the District of the eligible candidates. The Chief of Police shall select the Officers to be assigned from the eligible candidates (or from other qualified staff, should no one express an interest), after consideration of any input from the District representative. 6.2 Special Events. The School Resource Officer Program shall not supplant or alter the existing District practice of hiring Newport Beach Police Department personnel for the purpose of policing special events. However, if the District has requested the Officer's presence at an event, or requested supplemental services to be 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 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 Newport -Mesa Unified School District Page 4 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: 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 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. 11.2 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. 11.3 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 11.4 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. 11.5 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. 11.6 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. 11.7 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. 11.8 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. 11.9 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. 11.10 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. 11.11 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 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: Aaron arp City Attorney ATTEST: Date: r By: Leilani I. Brown City Clerk.. CITY OF NEWPORT BEACH, A California Duni .pal corporation Date: <11(� 4y By: �)v Nancy Gardn Mayor DISTRICT: NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California Date: 8-25 - ?yk 2 - By: By: 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 EXHIBIT A Newport -Mesa Unified School District Page A-1 . CITY OF NEWPORT BEACH School Resource Officer Employee Benefit Analysis Salary Regular Earnings (80 hours) Holiday Pay Scholastic Pay (Gamble 5.5%, Anderson 2.0%) Bilingual Pay .Total Salary Benefits Health, Dental, Vision ($1049/Month) Medicare (1.45%) Retinae Medical Reimbursement Life Insurance ($50,000 coverage at $1051year) Employee Assistance Program Compensated Absences (3.5%) PERS-Safety 3%@55 Adjusted for EPMC" Total Benefits Total Compensation MaHe Gamtine'(Oepweg) 13186 - Annual 'Monthly Hourly 89 482 7;45 � 49:02 4,189:. � 345 -: 1599 2 _ .4;9929" -41t0 2.3 -7, : 2;40Q 200 ' 1.15, 98,542 8;292' = 4738 14,808 1,234- - 7.12 1;570 131'. "0.75: .. 1,145- .'95* .0:55 23 .�' 0:01 • 2 `•0(01 73,132 4,019. .. 23.18 .:4.4;.19.1 3,683 " '_r21:25.- 64;924 .x.5;229. 31.24. 163515 13,449 .�r:78 Z1. Annual total for both School Resource Offlcers: 339,522 112 of annual total for both School Resource Officers: 169,761 ' Vladimir Anderson - Ainhuat Monthly Hourly 98,654', 8221 47,43 4,563 380 '' '2:19' 2;063 _' 1.72 0.99 : 2;40Q 200 ' 1.15, 107,680 8;973 51.77 14,808 1,234- - 7.12 1;715 -143. . 0.82 105'. ` 9 0.05 23 2 0:01 9;453. 288 1.66. . .48;223 4,019. .. 23.18 : ' 68,327 5,694 32:85 176;01 14,667 81..62 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 California 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. 1 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: i. 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: 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. 3. DISTRICT DUTIES In addition to other duties specified in this AGREEMENT, DISTRICT shall do the following: 2 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. 14 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. 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. G IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE �O���� CITY ATTORNEY Date: ! I By: L David . unt City Attorney ATTEST.- Date: TTEST:Date: �• By: 4&- Leilani I. Brown City Clerk ��FOar® 7 CITY OF NEWPORT BEACH, A California municipal corporation Date: / By:y V1 I Michael F. Henn Mayor NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California: Date: By: _ X-� Dr.e rey Hubbard Sup intendent Approved or Ratified by the Newport -Mesa Unified School District Board Date: AMENDMENT NO 7 BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM AT NEWPORT HARBOR HIGH SCHOOL AND CORONA DEL MAR HIGH SCHOOL This amendment #7 to the Agreement originally made and entered into between Newport -Mesa Unified School District (the "DISTRICT") and the City of Newport Beach (the "CITY"), collectively the "PARTIES", on the 28th day of September, 1999 is made and entered into between the Parties on the 25th day of August, 2010 through June 30, 2011 in the amount not -to -exceed $176,021 plus additional assignments as deemed necessary by the District. RECITALS The term of the original Agreement was for the period February 7, 2000 through March 7, 2003. Amendments No. 1 through No. 6 to the original Agreement have extended the term each year to June 30th. Currently Amendment No. 6 expires June 30, 2010. All other terms and conditions remain the same. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment #7 to be executed. Dated: CITY OF NEWPORT BEACH A municipal corporation By:'l Mayor NEWPORT -MESA UNIFIP SCHOOL DISTRICT Dated: July 6, 2010 By: fo// De uty Superintendent and Chief Business Official LII fi0a% CrTY OF NEWPORT BEACH School Rewurca Of oi,r Emp" Salary 6 Benellt Analysts Salary RegWaf Earnings (80 MUM) Holiday Pay Scholastic Pay Andr 2%. Monarch 5.5%) Biingual Pay (52.400tyeaf) Total Salary Benefits Health. Dental, vision (31.07SQtonp) IAedirare (1.45%) Lft Insurance ($50.000 wverage at 310"ar) Employee Assistance Program Compensated Absence PERSSafery 3'Y.*55 Adjusted for EPMC^ Total BeneleS Total Compentabon AMMM*ii,VaM mtr t006U;�-. An{4)q Mon6+ly ,'sway ae,6u a az+ 47.4 4,663 380' 2.19 1,073 '164 0.95 24 20D 1 6 107,690 0,986 ,51.73 12,948 1,079 6.23 1,644' 137 0.79 -105 9 0.05 26 2 0.01 3,786 914 1.81 ..4620.9 3,767 21.73 63,591 5,308 30.82 171,281 14,273 8235 Annual trial for both School Resource Olficera 352.042 112 of B W total for ooth School Resource Officers 178,021 lfionlaa YOer>rtsA .AIN1m1,NM51fy Ff0udy f08,80d.:: 8,634 49.81 4,702 399 290 6.898 :.475 274 114, 9,508 54.86 12,948 - 1,W-9 .8.29 - - 1,587 '141 _ 0;81 _106 9-- 0.06- 25 2 0.01. 3,993 '333 - 1.92 47,908 3.- 23.03 88.656 5,868 52:06 180,'761 15,063 88.00 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 28thdayof September 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 11 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 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: i. 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. 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. 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. 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. 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 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. 5. FUNDING a. Cost of Services - 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 K 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 term "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 thirty (30) 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 0 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 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 elected and appointed officials, officers, and employees of the CITY. 5 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. 11 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed. CITY OF NEWPORT BEACH A municipal corporation Dated:gI A7 lcc) By: Mayor Dated: 9 NEWPORT -MESA SCHOOL DISTRICT B. Superintendent 7 0 r H301 AMENDMENT NO 3 BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM AT NEWPORT HARBOR HIGH SCHOOL AND CORONA DEL MAR HIGH SCHOOL This amendment #3 to the Agreement originally made and entered into between Newport -Mesa Unified School District (the "DISTRICT°) and the City of Newport Beach (the "CITY'), collectively the "PARTIES", on the 28th day of September, 1999 is made and entered into between the Parties on the 12th day of July, 2005. RECITALS The term of the original Agreement was for the period February 7, 2000 through March 7, 2003. Amendment No. 1 to the original Agreement extended the term to June 30, 2004. Amendment No. 2 to the original Agreement extended the term to June 30, 2005. Amendment No. 3 to the original Agreement extends the term to June 30, 2006. 2. All other terms and conditions remain the same. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment #2 to be executed. CITY OF NEWPORT BEACH A municipal corporation/,�� 1 Dated: By: "� vj �T— "— Yo NEWPORT -MESA UNIF ED SCHOOL DISTRICT Dated: July 19, 2005 By: zslk&� As istant Superintendent Business Services • a AMENDMENT#2 AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT TO EXTEND THEIR PARTICIPATION IN THE SCHOOL RESOURCE OFFICER PROGRAM In 1999, the City of Newport Beach and the Newport -Mesa School District have entered into an agreement to participate in the School Resource Officer Program at Newport Harbor High School, Corona del Mar High School, Ensign Middle School and Corona del Mar Middle School, through June 2003. This agreement authorizes the Chief of Police and the Superintendent of Schools to represent, and ad on behalf of, their respective agencies with respect to matters covered by the agreement including the authority to agree, in writing, to extend the term of the agreement. The representatives hereby agree to extend this agreement for a period of three years. The agreement shall expire on June 30, 2006 unless extended pursuant to a written agreement of the parties or terminated as specified in Section 7. Dated: () .3-0,3 Dated: CITY O)F ORT BEACH By: _ lf�' Bob McDonell, Chief of Police NEWPORT -MESA UNIFIED SCHOOL DISTRICT L` -3 3Q1 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 Zeday of kl� , 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 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 February 7, 2000 or as soon thereafter as the CITY has secured the personnel and equipment necessary to provide 1 0 0 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 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: 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. 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: 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. I% 3. 4. 5. 0 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 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. 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 - 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 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 term "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 (1-112) 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 thirty (30) 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 0 9 0 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 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 elected and appointed officials, officers, and employees of the CITY. 5 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. 19 0 0 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed. CITY OF NEWPORT BEACH A municipal corporation Dated: ��I �7 By: GIWt �C% • ' ayor NEWPORT -MESA SCHOOL DISTRICT Dated: By: Superintendent 7