HomeMy WebLinkAboutC-8670-3 - MOU for the Step Up ProgramMEMORANDUM OF UNDERSTANDING BY AND BETWEEN
THE CITY OF NEWPORT BEACH AND THE
NEWPORT-MESA UNIFIED SCHOOL DISTRICT
FOR THE STEP UP PROGRAM
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into as of
this 10 day of OtT0%EQ, 2023 ("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 NMUSD 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 NMUSD students.
2. Term. This MOU shall commence on the Effective Date and shall terminate on June 30,
2024. 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 NMUSD'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: Erica Bloom
School Resource Specialist
Phone: 949-644-3638
Email: ebloom@nbpd.org
To NMUSD:
Primary Contact: Sarah Coley
Administrative Director I, Student Services
Office: (714) 424-5014
Email: scoley@nmusd.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. Given that both parties are government entities, proof of self-insurance by
either Party shall be acceptable provided that it equals or exceeds the amount of coverage
required below:
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;
Newport -Mesa Unified School District Page 3
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 (30) 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, NBPD shall not permit that individual to provide services to NMUSD
students after the date NBPD was informed of the infraction.
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
Newport -Mesa Unified School District Page 4
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 Parry 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.
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.
Newport -Mesa Unified School District Page 5
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: j ?12-3
T
By •ann
'� i�' o
4C. Harp Z�
City Attorney C;A
ATTEST:'n
Date: .
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation and charter
city t
Date:
ByAtan2ager
_
Leung
NEWPORT-MESA UNIFIED SCHOOL
DISTRICT, a political subdivision of the
State of California
Date:
By. / � lv Llt —aw v w
Kerrie Torres
Assistant Superintendent, Secondary
09/22/2023
Ap,
Unified School District Board.
Date:
[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