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HomeMy WebLinkAbout03 - CC-2 - Memorandum of Understanding for School - 8/1/2017CITY COUNCIL AGENDA REPORT MEETING DATE: August 1, 2017 ITEM NUMBER: CC -2 SUBJECT: MEMORANDUM OF UNDERSTANDING FOR SCHOOL RESOURCE OFFICER PROGRAM — ACADEMIC YEAR 2017-2018 DATE: JULY 20, 2017 FROM: POLICE DEPARTMENT — SUPPORT SERVICES DIVISION PRESENTATION BY: BRYAN GLASS, CAPTAIN FOR FURTHER INFORMATION CONTACT: CPT. BRYAN GLASS — 714.754.5603 RECOMMENDATION: Approve the attached Memorandum of Understanding (MOU) between the City of Costa Mesa and the Newport -Mesa Unified School District pertaining to the School Resource Officer program for academic year 2017-2018. BACKGROUND: In 1999, the Newport Beach Police Department entered into an agreement with the Newport -Mesa Unified School District (NMUSD) to provide two police officers to staff a new School Resource Officer (SRO) program for the two high schools and the one intermediate school located within their city. Their program was implemented in February 2000 and is still in effect. Based on the success of Newport Beach PD's program and interest from NMUSD, in 2001, our Police Department pursued an SRO program to provide two police officers to staff Costa Mesa's two high schools and one intermediate school. The City and NMUSD subsequently approved a MOU for the implementation of our SRO program for academic year 2001-2002. Since, this program has been viewed as a tremendous success and a benefit to all parties involved. In 2012, the Police Department ceased providing two full-time SROs due to organizational contraction and staffing considerations that lasted the next few years. In the interim, the Police Department provided personnel to cover SRO responsibilities on an ancillary, collateral basis. However, in January 2015, with improved sworn staffing, the Police Department assigned one full-time SRO to the program. The continuity of this officer has provided considerable stability to the program and enhanced service to NMUSD. In September 2015, the Department committed a second SRO to the program which was outlined in the MOU's renewal for academic year 2015-2016. ANALYSIS: Since its inception, the primary mission of the SROs is to prevent and deter school violence before it strikes. SROs help mitigate problems that might otherwise result in an 1 emergency call for police services, thereby reducing the burden on patrol officers. Often, SROs accomplish this by their mere presence on campus. In addition, many students will advise SROs when future trouble is anticipated, and the officers can then take steps to control it. SROs are present on school campuses to ensure the safety and security of our schools. SROs respond to and handle all criminal acts occurring on school campuses or in the immediate vicinity. In this respect, SROs conduct the initial investigation on a variety of crimes such as child abuse, assaults, thefts, graffiti, and narcotics related crimes. They also provide immediate and direct support to the school administration and security staff. ALTERNATIVES CONSIDERED: A possible alternative would be to discontinue the SRO program and handle any campus - related calls for service with the assigned area patrol officers. Such an alternative would draw upon patrol staffing and could potentially tie up patrol resources and render them temporarily unavailable in other parts of the community. The use of officers on overtime, or reserve officers, has historically proven inconsistent and does not provide NMUSD staff with a continuity of service. FISCAL REVIEW: The annual salary and benefits cost for two officers is $447,642. The Newport -Mesa Unified School District will be responsible for half of the total salary and benefits, which is $223,821. The City is responsible for the other half of the funding through the Police Department's budget. LEGAL REVIEW: The City Attorney's Office has approved the Memorandum of Understanding as to form. CONCLUSION: Staff recommends approval of the Memorandum of Understanding between the City of Costa Mesa and the Newport -Mesa Unified School District for academic year 2017-2018. BRYAN GLASS ROBERT N. SHARPNACK Police Captain Chief of Police STEPHEN DUNIVENT Interim Finance Director ATTACHMENTS: 1. MOU between the City of Costa Mesa and the Newport -Mesa Unified School District E ATTACHMENT 'I MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COSTA MESA AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM FOR THE COSTA MESA HIGH SCHOOL AND ESTANCIA HIGH SCHOOL ZONES This Memorandum of Understanding ("Agreement"), entered into this 1st day of July, 2017 ("Effective Date"), by and between the CITY OF COSTA MESA, 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: MISSION STATEMENT It is the stated goal of this Agreement to have a working partnership between the City and the District so as to provide a safe and secure learning environment for all students and to encourage a positive learning experience. RFCITAI S A. City is a municipal corporation duly organized and validly existing under the Constitution and the laws of the State of California. 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. City and District are joining together in a collaborative effort to provide School Resource Officers ("SROs"). The SROs' primary assignments are to work with the school communities to help provide a safe and secure environment for all. The SROs will spend a minimum of seventy-five percent (75%) of their time allocated in this Agreement in and around the assigned schools. NOW THEREFORE, for and in consideration of the mutual covenants and conditions set forth herein, City and District agree as follows: 1 1.0 TERM The term of this Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending on June 30, 2018, unless previously terminated as provided herein. 2.0 CITY SERVICES 2.1 Services -- General. The program shall consist of the City providing two (2) full-time sworn officers employed by the Costa Mesa Police Department ("CMPD") to the function of SROs. The SROs shall perform services under the supervision and control of the Costa Mesa Chief of Police ("Chief of Police"). The type and manner of performance of the Services should promote safety in the learning environment. The Services contemplated by this Agreement are limited to the NMUSD schools located within the City, including Costa Mesa High School ("CMHS"), Estancia High School ("EHS"), Early College High School, Tewinkle Middle School, and any elementary schools in need of SRO presence. 2.2 Services — Mandato . City shall perform the following services: (a) Establish and maintain a liaison between District personnel, CMPD personnel, and stakeholders in the juvenile justice system. (b) Serve as a resource to District employees, such as administrators, faculty and security personnel, as well as students and their guardian(s) on law enforcement -related issues including crime prevention and investigations. (c) Assign one SRO to CMHS and one SRO to EHS. As needed, the SROs will share the responsibility of providing Services to the other NMUSD schools in the City, subject to the discretion of the Chief of Police to make assignment changes. 2.3 Services — Discretionary. City may, in the sole discretion of the SRO and/or his/her supervisor, perform the following services: (a) Conduct patrol activities in and around the designated campuses. (b) Conduct preliminary and follow-up investigations of crimes that occur on or near the designated campuses. 2.4 Services -- Security. The Services performed by SROs 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. N 3.0 DISTRICT DUTIES 3.1 Staff Liaison. District designates its Director of Student and Community Services, or an alternate as designated by the Superintendent, as a liaison to the CMPD to facilitate communication between District personnel and the SROs and coordinate the SROs' activities with District activities and events. 3.2 District Personnel — Cooperation. District personnel shall cooperate with the SROs to facilitate the performance of Services pursuant to this Agreement. 4.0 OPERATIONAL PROCEDURES 4.1 Uniformed SROs. The SRO will perform his/her duties in full police uniform. This uniform will include safety equipment designated for use by sworn field personnel pursuant to CMPD policies and practices. 4.2 Services -- Timing. City shall schedule each SRO such that each SRO provides services four (4) days a week and ten (10) hours each day. City shall use its best efforts to ensure that the same person provides Services to the same campus except when he/she is on paid leave or otherwise absent. Subject to provisions of relevant City personnel policies or labor agreements, City shall use its best efforts to schedule SROs so that at least one SRO is on duty each day that school is in session and that each SRO can be present during special school activities. On the days that there is one SRO on duty during the week, he/she shall serve as the SRO for both CMHS and EHS and will also be available to assist, if needed, Tewinkle Middle School or any other school in the City. 5.0 FUNDING 5.1 Personnel. City shall provide SROs for the Services required by this Agreement in accordance with City's employment procedures and conditions. 5.2 Funding of Personnel. City, in its sole discretion, shall determine which SROs will be assigned to perform the Services. District shall pay City fifty percent (50%) of the total compensation paid each SRO under this Agreement, as invoiced by City to District. 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. 5.3 Funding — Supplemental Services. District may request in writing that City provide additional services (services in addition to those performed during the normal four (4) day, ten (10) hour per day work week) by an SRO 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 SRO 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 SROs at least one and one-half 9 (1.5) times their regular rate of pay for overtime. 5.4 District Payments. At the end of each quarter, City will invoice District for the SRO costs incurred during that quarter. District shall pay City's invoice within thirty (30) days of receipt of the invoice. If City provides supplemental services as provided herein, City will invoice District for such supplemental services and District shall pay such invoice within thirty (30) days of receipt of an invoice from City. 6.0 SPECIAL PROVISIONS 6.1 Selection of SROs. 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 will consider input from the District representative as to the selection of the SROs, but the Chief of Police shall have the sole discretion in the selection of the SROs. The Chief of Police's selections shall be final. 6.2 Special Events. The School Resource Officer Program shall not supplant or alter the existing District practice of hiring CMPD personnel for the purpose of policing special events. However, if the District has requested a SRO's presence at an event, or requested supplemental services to be provided by a SRO, he/she may be used as one SRO 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. 7.0 TERMINATION District or City may terminate this Agreement without cause any time, by giving thirty (30) 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 thirty (30) day notice period, unless District, in the notice, requests that 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 paid, and addressed to the appropriate representative as specified in this Agreement. 8.0 INDEMNIFICATION 8.1 District Obligations. District agrees to defend, indemnify and hold harmless City, its elected and appointed officials, officers, agents, employees, and volunteers from and against any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorneys' fees, arising out of or in any way connected with the District's negligent performance of this Agreement. District assumes workers' compensation liability for injury or death of its officers, agents, employees and volunteers, and, except as provided herein, assumes no workers' compensation In responsibility for the elected and appointed officials, officers, and employees of the City. 8.2 City Obligations. City agrees to defend, indemnify and hold harmless District, its officers, agents, employees and volunteers harmless against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorneys' fees, arising out of or in any way connected with City's negligent performance of this Agreement. Except as provided herein, 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. 9.0 ASSIGNMENT This Agreement may not be assigned or transferred by either Party without the express written consent of the other Party. 10.0 NOTICE/ REPRESENTATIVES The City and District have designated the following representatives to receive notices and act on their agency's behalf in the administration of this Agreement. CITY: Chief of Police Costa Mesa Police Department 99 Fair Drive Costa Mesa, CA 92626 DISTRICT: Chief Business Official (CBO) Newport -Mesa Unified School District 2985 Bear Street Costa Mesa, CA 92626 11.0 NO THIRD PARTY BENEFICIARIES 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. 12.0 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5 13.0 ATTORNEYS' FEES In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 14.0 GOVERNING LAW This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 15.0 AMENDMENTS Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 16.0 COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. [Signatures appear on following page.] M IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective authorized officers, as of the date first written above. CITY OF COSTA MESA By: Mayor By: City Manager Date: Date: NEWPORT -MESA SCHOOL DISTRICT By: Date: - a y PrKsfd6nt, Bo rd of Ed4bation By: 0_ Date: ! " Superi tendent ATTEST: City Clerk City of Costa Mesa CITY: APPR S TO FORM: 1 City Attorney City of Costa Mesa DISTRICT: APPROVED AS TO FORM: Genes f Counsel Newp �(rt-Mesa Unified School District Date: CITY: APPROVED AS TO CONTENT: Chief of Police Costa Mesa Police Department Date: 7 �2 /4/- 2 rA