HomeMy WebLinkAboutC-8510-7 - Agreement to Participate in the School Resources Officer Programlli
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 1 st day of July, 2023 ("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.
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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, 2024 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 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 CDMHS/MS, 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 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
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:
11A 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
5. FUNDING
5.1 Funding of Personnel. District shall pay City fifty percent (5OY6)ofthe 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
Aand incorporated herein by reference. Officer rates listed OD Exhibit Ashall 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 bythe Officer assigned tothe campus 8twhich the event Oractivity isscheduled,
District shall pay City all costs that City incurs in providing additional services osrequested
by the District r8prBS9n{ohve, with the understanding that City is generally required to pay
Officers 8tleast one and one-half /1}6\times their regular rate Ofpay for overtime.
5.3 District Payments. District shall pay its shore of the total compensation of
the three (3) Officers within thirty /30\ days Of receipt of invoices submitted quarterly
(ninety (gO) days after the initial invoice}. District shall pay for supplemental services within
thirty (30) days of receipt of an invoice from City.
5A 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 on unforeseen event that diminishes the need of Officers on school C8rnpua8S and
allows City bJredeploy Officers tOother agency duties, City will assume 8O%Ofthe costs
of Officers after the 30th consecutive day of such a closure while the District will continue
toberesponsible for 2O%Ofthe such costs. Equally shared costs pursuant tOSection 5.1
of Officers between the District and the City would resume once the [)iS\r\Ct begins nDrrne|
operabOO, which includes the re-entry of students Q0t0 District C@nOpUseS.
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, GhOU|d no one express an interest), after consideration of any
input from the District representative.
0.2 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
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
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
District:
rA-Aw
170 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. STANDARD PROVISIONS
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
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
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:
Aaron C. Harp
City Attorney
ATTEST:
Date: 114'wn
By: _ A Ai �. l�lU
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation and charter
city
NEWPORT-MESA UNIFIED SCHOOL
DISTRICT, a c
i poli al subdivision of the State
of California
po"
Date:
Kerrie Torres
Assistant Superintendent, Secondary
08/24/2023 1
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
EXHIBIT A
City Of Newport Beach
School Resource Officer Employee BerielA An3yists
Fiscal Year 2023-24 Budget Projections
Police Officer A Police Officer B Police Officer C
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Newport -Mesa Unified School District Page A-1