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HomeMy WebLinkAboutC-8670-1 - MOU for the Step Up Program15 03 i MEMORANDUM OF UNDERSTANDING BY AND BETWEEN V THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT FOR THE STEP UP PROGRAM THIS MENJORANP14M OF UNDERSTANDING ("MOU") is made and entered into as of this ay of , 2021 ("Effective Date") by and between the City of Newport Beach ("City"), a California municipal corporation and charter city, and the Newport - Mesa Unified School District, a political subdivision of the State of California ("NMUSD"), and is made with reference to the following (with City and NMUD collectively referred to as "Parties" and individually referred to as "Party"): RECITALS WHEREAS, 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; WHEREAS, the City's police department, the Newport Beach Police Department ("NBPD"), provides a free program, the Step Up Program, to adolescents based on John Wooden's "Pyramid of Success" to educate, empower, and provide life skills by covering topics such as how to deal with peer pressure, bullying, cyber safety, tobacco, alcohol, marijuana, and other illegal drugs and medications, as further set forth in Exhibit "A" attached hereto and incorporated herein by this reference ("Program"); WHEREAS, NMUSD is a political subdivision of the State of California, and desires NBPD to provide the Program to its students; WHEREAS, the Parties desire to enter this MOU to set forth the understanding and responsibilities of each party regarding provision of the Program. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the Parties hereto agree as follows: 1. Scope of MOU. This MOU memorializes the mutual understanding between the Parties regarding providing the Program to NMSD students. 2. Term. This MOU shall commence on the Effective Date and shall terminate on June 30, 2022. Either Party may terminate this MOU at any time upon prior written notice to the other Party. 3. Funding. Each Party agrees to be solely responsible for its own fees, costs, or other obligations arising out of, related to, or in connection with the Program or this MOU. Neither Party shall be obligated to provide compensation, reimbursement, fees, costs, or any other moneys of any nature whatsoever to the other Party arising out of, related to, or in connection with the Program or this MOU. Newport -Mesa Unified School District Page 1 4. Responsibilities of NMUSD. NMUSD agrees to: a) Designate a NMUSD liaison to coordinate with NBPD; b) Cooperate with NBPD to establish a program schedule to provide the Program on a weekly basis, taking into consideration events and holidays; c) Provide NBPD with a list of names of the students enrolled in the Program; d) Provide safe, comfortable, and private classroom space of adequate size at NMUSD schools, which meet all applicable building codes and regulations; e) Inform NBPD of any safety, security, or other policies and procedures that are required to be followed while present on school grounds; f) Notify NBPD at least twenty four (24) hours in advance of changes to the meeting schedule or locations; g) Obtain signed consent forms and other required documentation from the program participants or their respective guardians, as may be applicable or required; and h) Maintain ongoing contact with the site administrative designee and the NMUDS's Student Services. 5. Responsibilities of NBPD. NBPD agrees to: a) Provide Program classroom instruction for 45-60 minutes per week; b) Provide all materials and staff required for the Program; c) Provide the names of NBPD employees, agents and volunteers who will participate in the Program to the NMUSD Student Services Division prior to said employees', agents', or volunteers' commencement of participation in the Program at the NMUSD sites; d) Provide reports for each school site that sets forth the number of students participating in the Program, and a general description of the Program services provided; e) Comply with all policies and procedures of NMUSD that are required to be followed while present on school grounds; f) Comply with all policies and procedures of the NBPD; g) Cooperate with individual teachers to accommodate teaching schedules; h) Notify individual class teachers in case of student absence; i) Ensure that all NBPD agents, employees, and volunteers have completed background checks in-house with the NBPD compliant with the Department of Justice and the Federal Bureau of Investigation before participating in the Program; j) Ensure that all NBPD volunteers complete and submit an NMUSD volunteer application and tuberculosis forms before participating in the Program; k) Serve as the custodian of retained background check records; 1) Comply with all applicable nondiscrimination laws; m) Comply with the Family Education Rights and Privacy Act ("FERPA") (20 U.S.C. §1232g; 34 CFR Part 99) which prohibits the disclosure of confidential student information except in very specific circumstances in accordance with law, and not disclose to any other party without prior consent of the parent or guardian any information or records regarding students or their families that may be obtained while providing the Program except in accordance with law, and furthermore, any disclosure Newport -Mesa Unified School District Page 2 of confidential student information shall only be in compliance with the FERPA or other applicable law and after providing prior written notification to NMUSD, and with NBPD being solely responsible for compliance with FERPA and all other applicable law regarding such disclosure; and n) Restrict the use of personally identifiable information obtained while providing the Program only for the purpose of providing the Program, except as in accordance with applicable law. 6. Reservation of Rights. NMUSD reserves the right to exclude any NBPD agents, employees, or volunteers from school grounds whose conduct is not in accordance with applicable NMUSD policies and procedures or is detrimental or disruptive to students or others. Additionally, NBPD reserves the right to withdraw any of its agents, employees, or volunteers from school grounds or from participation in the Program in its sole discretion. 7. Notices. Coordination of services, communications regarding problems or conflicts, and written notices shall be directed to the following: To NBPD: Primary Contact: To NMUSD: Primary Contact: Erica Bloom School Resource Specialist Phone: 949-644-3638 Email: ebloomknbpd.org Sarah Coley Coordinator, Student Services Office: (714) 424-8963 Email: scoley(anmusd.us Backup Contact: Philip D'Agostino Director of Student Support Services Phone: (714)424-5014 Email: pda ostinogm-nusd.us 8. Mutual Insurance Coverage. Each Party shall name the other Party by endorsement as an additional insured under its respective insurance policies as set forth below. Upon request, each Party shall provide the other Party with a Certificate of Insurance which states that the insurance policies may not be canceled, non -renewed, or the subject of material change in coverage or available limits of coverage, except on thirty (30) days' prior written notice. Insurance shall be with an insurance company admitted by the Insurance Commissioner of the State of California to transact such insurance in the State of California. Minimum coverages shall be as follows: Newport -Mesa Unified School District Page 3 a) General Liability Insurance for injuries including accidental death, to any one person in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate; b) Subject to the same limit for each person on account of one accident, in an amount not less than $1,000,000 per occurrence; c) Comprehensive Automobile Liability Insurance is not necessary as there will be no transportation of the students off the school facility; d) Statutory Workers' Compensation Insurance; e) An endorsement to said policy(s) NBPD and NMUSD and its officers, agents and employees as additional insured while rendering services under this MOU; and f) A thirty (3 0) day written notice to NMUSD of cancellation or reduction in coverage, or ten days' notice if cancellation is due to nonpayment of premium. 9. NMUSD Duty to Indemnify City. NMUSD agrees to defend, hold harmless, and indemnify City and its directors, officers, employees and agents against and from any and all loss, liability, damage, claim, cost, charge, demand, or expense (including any direct, indirect or consequential loss, liability, damage, claim, cost, charge, demand, or expense, including without limitation, attorney fees) for injury or death to persons, including employees or other agents of City, and damage to property, including property of NMUSD, caused by the negligent acts or omissions of NMUSD arising out of, related to, or in connection with the Program or this MOU. NMUSD's duty to indemnify City under this MOU shall not extend to loss, liability, damage, claim, cost, charge, demand, or expense resulting from City's sole negligence or willful misconduct. 10. City Duty to Indemnify NMUSD. City agrees to defend, hold harmless, and indemnify NMUSD and its directors, officers, employees and agents against and from any and all loss, liability, damage, claim, cost, charge, demand, or expense (including any direct, indirect or consequential loss, liability, damage, claim, cost, charge, demand, or expense, including without limitation, attorney fees) for injury or death to persons, including employees or other agents of NMUSD, and damage to property, including property of City, caused by the negligent acts or omissions of City arising out of, related to, or in connection with the Program or this MOU. City's duty to indemnify NMUSD under this MOU shall not extend to loss, liability, damage, claim, cost, charge, demand, or expense resulting from NMUSD's sole negligence or willful misconduct. 11. Education Code 45122.1. NBPD acknowledges that it has received, read, and is familiar with Education Code Section 45122.1. NBPD's employees, agents and volunteers participating in the Program shall comply with the provisions of Education Code Section 45122.1 regarding the submission of and the completion of a criminal background investigation. NBPD employees, agents and volunteers participating in the Program shall not have not been convicted of a felony as defined in Education Code §45125.1. By its signature on this MOU, City certifies that if NBPD becomes aware of any future convictions defined by Education Code Section 45122 of its employees, agents or volunteers who participate in the Program at a school site, NMPD shall not permit that individual to provide services to NMUSD students after the date NBPD was informed of the infraction. Newport -Mesa Unified School District Page 4 12. Independent Contractor. By its signature on this MOU, each Party certifies that their respective participation in providing the Program and responsibilities under this MOU shall be as an independent contractor with respect to the other Party, and that each Party is solely responsible for its own conduct or work performed arising out of, related to, or in connection with the Program and this MOU. Each Party represents and warrants that its own subcontractors, employees, agents and volunteers are not officers, agents, or employees of the other Party. Each Party shall be responsible for all of its own federal, state, and local taxes and any and all of its own fees and payments arising out of, related to, or in connection with the Program and this MOU. Each Party's subcontractors, employees, agents and volunteers participating in the provision of the Program subject to this MOU shall at all times be under that Party's exclusive direction and control. Each Party shall pay all wages, salaries, and other amounts due to its own personnel arising out of, related to, or in connection with the Program or this MOU as required by law including, but not limited to, the payment of prevailing wage, as applicable, and in accordance with Labor Code sections 1720, et seq. and 1770, et seq. Each Party shall be responsible to obtain a copy of the prevailing rates of per diem wages from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/ that may be applicable to any work to be performed. In the alternative, each Party shall provide the other Party with a copy of the prevailing rates of per diem wages. Each Party shall be responsible for all reports and obligations respecting its own such employees, including, but not limited to, social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 13. Recitals. The Parties acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this MOU. 14. Compliance with all Laws. Each Party 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. 15. 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. 16. Integrated Contract. This MOU represents the full and complete understanding of every kind or nature whatsoever between the Parties, 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. 17. Interpretation. The terms of this MOU 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 MOU or any other rule of construction which might otherwise apply. 18. Amendments. This MOU may be modified or amended only by a written document duly executed by both by Parties. Newport -Mesa Unified School District Page 5 19. Severability. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. 20. Controlling Law and Venue. The laws of the State of California shall govern this MOU and all matters relating to it, and any action brought arising out of, related to, or in connection with the Program or this MOU shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 21. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this MOU and an exhibit or any other attachments attached hereto, the terms of this MOU shall govern. 22. No Attorneys' Fees. In the event of any dispute or legal action arising out of, related to, or in connection with the Program or this MOU, the prevailing party shall not be entitled to attorneys' fees. 23. Counterparts. This MOU 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. 24. Authority to Enter Into MOU. City, through the NBPD, warrants that NBPD is the provider of the Program and has all rights and permissions to provide the Program to NMUSD students and to enter into this MOU. Each Party warrants that it is duly authorized to enter into this MOU and perform its responsibilities hereunder, and has received all necessary third party consents and approvals to perform such obligations, if any. [SIGNATURES ON NEXT PAGE] Newport -Mesa Unified School District Page 6 In witness whereof, the parties have caused this MOU to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: .? .� By: n C. Harp Ci y Attorney ATTEST: Date: �( ►.1y.. !, L r�Leilani 1. Brown I City Clerk A Nj CITY OF NEWPORT BEACH, A California municipal corporation and charter city Date: APR 2 2 2021 By: Grac . Leung Cit anager NEWPORT -MESA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California, Date: 3 Assistant Superintendent of Student Support Services Approved or ratified by the Newport -Mesa Unified School District Board. Date: 6z I [END OF SIGNATURES] Attachments: Exhibit A: NBPD Step Up Program Detail Newport -Mesa Unified School District Page 7 EXHIBIT A NBPD Step Up Program Step Up is a 10 -week program developed by the Newport Beach Police Department. It is based on John Wooden's Pyramid of Success, a character program utilized by the Newport -Mesa Unified School District. The Step Up curriculum reinforces important character building skills, helping each student to make good choices. The main goal is to "Step Up" the Pyramid to the top -- our Personal Best. The Step Up program covers topics such as Peer Pressure, Bullying, and Cyber Safety, as well as general education on hazardous substances such as Tobacco, Alcohol, Marijuana, and Medications. Typically, lessons are an overview of the topic and classroom discussion, and often include an activity or video clip(s) to reinforce the teaching. These topics tend to spark further questions, generating an opportunity to follow up at home. The current NBPD Step Up Instructor is School Resource Specialist Erica Bloom. Bloom has been with the Police Department since 1991 in a variety of assignments. She has a B.A. from UCI in Social Ecology with specialization in Psychology and Social Behavior, and went on to earn a California Teaching Credential. A parent herself, Bloom enjoys interacting with students and engaging them in conversation about relevant topics. Newport -Mesa Unified School District Page A-1