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