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HomeMy WebLinkAbout10 - School Resource Officer Program AgreementCITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: June 23, 2020 Agenda Item No. 10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org Jay Short, Deputy Chief 949-644-3750, jshort@nbpd.org School Resource Officer Program Agreement The Police Department requests the City Council approve a new School Resource Officer ("SRO") Agreement with the Newport -Mesa Unified School District ("NMUSD"), a renewal of the existing terms and deployment of three SROs. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve the Agreement between the City of Newport Beach and NMUSD to participate in the School Resource Officer Program ("Agreement") and authorize the Mayor to execute the Agreement on behalf of the City. FUNDING REQUIREMENTS: The adopted budget includes sufficient funding for this Agreement. Per the Agreement, the full salary and benefits for three School Resource Officers (police officers) will be funded equally through the Police Department's budget (50 percent) and the NMUSD (50 percent). Funding for the three police officers is included in the Police Department's FY 2020-21 budget, as are revenues from the NMUSD in the amount of $251,451. The expenses will be charged to salary and benefits accounts in the Police Department, Detective division (Organization Code 01035355). DISCUSSION: On September 27, 1999, the City Council approved an Agreement between the City and NMUSD to provide two full-time police officers (SROs) to work at the two City high schools: Corona del Mar High School and Newport Harbor High School. 10-1 School Resource Officer Program Agreement June 23, 2020 Page 2 The Agreement also specified the Corona del Mar High School SRO would provide similar services to Ensign Middle School. The original Agreement took effect on February 7, 2000 and expired on February 7, 2003. Each year since that expiration, the City has approved annual amendments to the original Agreement to continue the services of this Program. During the 2011 annual request for amendment by NMUSD, the City Attorney's Office recommended creating a new Agreement that more accurately described the services provided and the Agreement was ultimately revised. Since the original Agreement, some services have changed, including discontinuation of D.A.R.E. instruction at the two high schools and the assignment of the high school SROs to also service both middle schools. Ultimately, the Corona del Mar High School SRO was re -assigned to also service Corona del Mar Middle School and the Newport Harbor High School SRO was assigned to also service Ensign Middle School. On June 12, 2018, the City Council approved the FY 2018-19 budget, which included the addition of a third SRO under the same terms as the other two SROs with equally shared funding with NMUSD. This existing Agreement with NMUSD expires on June 30, 2020. The expiring Agreement with NMUSD allows the Police Department to assign one SRO to Newport Harbor High School, one SRO to Corona del Mar High and Middle Schools, and one SRO to cover the high schools when the designated high school SRO is not on duty. The cover SRO is based at Ensign Middle School and also serves NMUSD elementary schools within the City as needed. These SRO assignments are subject to change at the discretion of the Chief of Police. This proposed Agreement with NMUSD is a renewal of our existing terms and deployment with the same three SROs. The proposed Agreement includes additional language which allows a decrease in funding provided by NMUSD in the event of an extended school closure over thirty days due to an unforeseen event. The goal of the SRO program is to work collaboratively within the school community to provide safe learning environments; to foster positive relationships with students, educators, parents and community members; and to develop strategies to resolve problems that affect our youth, so that they can reach their full potential. The role of the SRO includes promoting a positive image of law enforcement to school children and school communities. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 10-2 School Resource Officer Program Agreement June 23, 2020 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Agreement with Exhibit A (Benefit Analysis) 10-3 ATTACHMENT A AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT FOR SCHOOL RESOURCE OFFICER PROGRAM ("Agreement") is made and entered into as of this 1st day of July, 2020 ("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, 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 statues of the State of California and the Charter of City. B. District is a political subdivision of the State of California located in Orange County, California, and is organized and exists pursuant to the laws of the State of California. C. District is in need of special services available through the School Resource Officer Program (the special services are described in Section 2 and are referred to collectively as the "Services"). D. District is authorized to enter into this Agreement pursuant to the laws of the State of California. E. City employs sworn peace officers specially trained, experienced and competent to provide the Services and City is willing to provide Services to District on the terms and in the manner provided in this Agreement. F. This Agreement is not intended to modify any program or service provided by City to District as of the Effective Date except as expressly provided. AGREEMENT NOW THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date and shall expire on June 30, 2021 unless extended pursuant by written agreement of the parties or terminated as specified in Section 7. 10-4 2. CITY SERVICES 2.1 Services- General. City will provide three (3) 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. The Services contemplated by this Agreement are limited to the District schools located within the City, including Newport Harbor High School ("NHHS"), Corona Del Mar High and Middle Schools (" CDMHS/MS"), Ensign Middle School, and any District elementary schools in the City in need of SRO presence. 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 Assign one Officer to NHHS, one Officer to CDMHSIMS, and one Officer to cover the high schools when the designated high school Officer is not on duty. The cover Officer is based at Ensign Middle School and will also serve District elementary schools within the City as needed. These Officer assignments are subject to change in the discretion of the Chief of Police. 2.3 Services- Discretionary. City may, in the sole discretion of the Officers and/or their supervisor, perform the following services: 2.3.1 Conduct patrol activity in and around NHHS, CDMHS/MS, Ensign Middle School, and District elementary school campuses within the City. 2.3.2 Conduct preliminary and follow-up investigations of crimes that occur on or near the NHHS, CDMHS/MS, Ensign Middle School, and District elementary schools within the City. 2.3.3 Spend a minimum of seventy-five percent (75%) of their time allocated in this Agreement in and around their assigned campus, where an Officer is assigned to a particular high school. 2.3.4 Act and work as school officials and assist the Superintendent, principals, faculty, and staff in enforcing the campus code of conduct and other school rules in order to maintain a safe learning environment. When it pertains to preventing a disruption that would, if ignored, place students, faculty, and staff at risk of harm, the Officers will work to resolve the problem to preserve the school climate. In all other Newport -Mesa Unified School District Page 2 10-5 cases, disciplining students is a District responsibility, and the Officers will intervene and take students who violate the code of conduct to the school principal, or designee, where school discipline can be meted out. 2.3.5 To the extent that the District chooses to secure the services of Officers from the Newport Beach Police Department, the Officers are considered designated school officials for student records purposes and shall have access to students' education records when there is a legitimate educational interest in the records. Pursuant to the Federal Educational and Rights and Privacy Act of 1974 (FERPA), the Officers are prohibited from re -disclosing a student's educational record or knowledge learned from the student's educational record to any other outside sources, including the local police department, unless the disclosure meets an exception to FERPA's disclosure/re-disclosure prohibition. 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 its Director of Student and Community Services, or an alternate as designated by the Superintendent, as a liaison to the NBPD to facilitate communication between District personnel and the Officers as well as to coordinate the Officers' involvement with District activities and events. 3.1.2 District Personnel - Cooperation. District personnel shall cooperate with the Officers to facilitate their performance of Services pursuant to this Agreement. 4. OPERATIONAL PROCEDURES 4.1 Uniformed Officers. The Officers will perform their 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 three (3) 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 Officers' 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 three (3) Officers is on duty each day that school is in session and that each Officer can be present during special school activities. Newport -Mesa Unified School District Page 3 10-6 5. FUNDING 5.1 Funding of Personnel. District shall pay City fifty percent (50%) of the total compensation paid to the three (3) 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 Rate is attached hereto as Exhibit A and incorporated herein by reference. Officer rates listed on Exhibit A shall be subject to change at the discretion of the Chief of Police. 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 three (3) 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. 5.4 Closures. While District and City currently share the costs of Officers equally, should there be an extended closure of District schools (longer than 30 days) due to an unforeseen event that diminishes the need of Officers on school campuses and allows City to redeploy Officers to other agency duties, City will assume 80% of the costs of Officers after the 30th consecutive day of such a closure while the District will continue to be responsible for 20% of the such costs. Equally shared costs pursuant to Section 5.1 of Officers between the District and the City would resume once the District begins normal operation, which includes the re-entry of students onto District campuses. 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 Newport -Mesa Unified School District Page 4 10-7 provided by the Officer, he/she may be used as one officer hired to police a special event at his/her assigned campus. 6.3 Grant Administrative Requirements. The City and District will be responsible for their own respective grant monies received, if any, including all administrative duties and responsibilities. This includes receipt and disbursement of funds, financial reporting, and grant management issues. 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 5 MO: 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- District: ity 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 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. 12.1 Recitals. City and District acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 12.2 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. 12.3 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. 12.4 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 6 10-9 12.5 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. 12.6 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. 12.7 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. 12.8 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. 12.9 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. 12.10 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. 12.11 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. 12.12 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 7 10-10 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: k�1_7,.._Zip- �99 By: &_ F„r;Aaron C. Harp p City Attorney DO' ATTEST: Date: CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Will O'Neill Mayor DISTRICT: NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California Date: By: By: Leilani I. Brown Timothy D. Holcomb City Clerk Assistant Superintendent and Chief Operating Officer Approved or ratified by the Newport -Mesa Unified School District Board. Date: [END OF SIGNATURES] Attachments: Exhibit A: School Resource Officer Employee Benefit Analysis Newport -Mesa Unified School District Page 8 10-11 Exhibit A City Of Newport Beach School Resource Officer Employee Salary & Benefits Fiscal Year 2020-21 Budget Projection Police Officer A Police Officer B Police Officer C Annual Hourly Annual Hourly Annual Houdv Total Compensation 142,659 68.59 182,298 87.64 177,945 85.55 Newport -Mesa Unified School District Page A-1 10-12