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HomeMy WebLinkAbout03 - CC-5 - Memorandum of Understanding for School - 6/21/2011CITY COUNCIL AGENDA REPORT MEETING DATE: June 21, 2011 ITEM NUMBER: �CC-5 SUBJECT: MEMORANDUM OF UNDERSTANDING FOR SCHOOL RESOURCE OFFICERS DATE: JUNE 2, 2011 FROM: POLICE DEPARTMENT / FIELD OPERATION SERVICES DIVISION PRESENTATION BY: KEITH DAVIS, POLICE SERGEANT FOR FURTHER INFORMATION CONTACT: KEITH DAVIS, POLICE SERGEANT RECOMMENDATION: Approve the attached Memorandum of Understanding between the City of Costa Mesa and the Newport -Mesa Unified School District, concerning the. modification and extension of the School Resource Officer Program. BACKGROUND: In 1999, the Newport Beach Police Department entered into an agreement with the Newport -Mesa Unified School District (NMUSD) to provide two (2) officers to staff a new School Resource Officer (SRO) Program for the two (2) high schools and the one (1) intermediate school, located within their city. Their program was implemented on February 17, 2000, and is still in effect. To date, both the police department and district representatives have viewed the result of their program favorably. Based in part on the success of Newport Beach's program and the other articulated facts, in 2001, our department pursued a SRO Program to provide two (2) officers to staff a program for our City's two (2) high schools and one (1) intermediate school. The City, along with district officials subsequently approved the implementation of our program on May 9, 2001 through the signing of a Memorandum of Understanding between the City and Newport Mesa Unified School District. Thus far, Police Department staff and the district have viewed it as being a successful program and a benefit to all parties involved. During August 2007, the City Council approved two new positions for the Police Department's Operational Budgets, and the Chief of Police made the determination to use these positions to add two more SROs to enhance our efforts to reduce gang and youth related criminal activity in the City. As of August 2010, the Police Department will reduce staffing from the current four (4) SRO positions to two (2) SRO positions. One officer will be assigned to work with Costa Mesa High School (grades 7 through 12) and the other officer will be assigned to work at Estancia High School (grades 9 through 12). Between these two SRO positions, they will prioritize and attend to the needs of the remaining NMUSD school sites within the City of Costa Mesa, as outlined in the current and proposed Memorandum of Understanding. The current agreement commenced on August 1, 2010 and expires on July 31, 2011. ANALYSIS: School Resource Officers prevent problems that would have resulted in an emergency call for police services, thereby reducing the burden on patrol officers. Often, School Resource Officers accomplish this by their mere presence on campus. Students realize that with an officer present on campus, they likely will be arrested if they break the law. In addition, many students tell School Resource Officers when trouble is anticipated, and the officers then take steps to control it. The School Resource Officers are present on school campuses to ensure the safety and security of our schools. School Resource Officers respond to and handle all criminal acts occurring on school campuses and the immediate vicinity. In this respect, School Resource Officers 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. Since its inception, the School Resource Officers' primary mission is to prevent, detect, and deter school violence before it strikes. As an example, they are directly involved in the enforcement and suppression of gang activity on campus and it is their goal to ensure that local schools are a gang free learning environment. Criminal street gangs are organized groups that are often involved in drugs, weapons trafficking, and violence. The presence of gangs in public schools stimulates a climate of fear amongst students, parents, and teachers. Additionally, street gangs also increase the incidents of violent actions and outbreaks on campus. The School Resource Officers and Gang Enforcement Unit are now integrated and work as one cohesive unit. Intelligence gathering and sharing has become more efficient thus disrupting gang members' criminal activities on campus and in the community. The School Resource Officers are also in a position to obtain critical intelligence and obtain early warning on critical security issues. ALTERNATIVES CONSIDERED: A possible alternative would be to discontinue the program and handle any on campus calls for service or other police needs with the assigned area/beat officer. Such an alternative could negatively affect staffing levels utilized to handle calls in other areas throughout the community. Based on the positive impact the officers have had on students and district personnel, along with issues that have presented themselves to officers and officials, two (2) officers appears to be a necessity. FISCAL REVIEW: The annual salary and benefits for two (2) officers is $355,910.00. The Newport -Mesa Unified School District will be responsible for half of the total salary and benefits, which is $177,955.00. The City is responsible for the other half through the general budget funding. LEGAL REVIEW: The City Attorney's Office has approved the Memorandum of Understanding as to form. 2 CONCLUSION: Staff recommends approval of the Memorandum of Understanding between the City of Costa Mesa and the Newport -Mesa Unified School District. ITH DAVIS Sergeant r 4661 COLLEEN O'DONOGHUE Assistant Finance Director STEVE STAVELEY Chief of Police / // fA , TOM DLVAkIrE City Attorney ATTACHMENTS: 1 MOU BETWEEN THE CITY OF COSTA MESA AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT 3 AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE NEWPORT -MESA SCHOOL DISTRICT TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER PROGRAM AT COSTA MESA HIGH SCHOOL AND ESTANCIA HIGH SCHOOL THIS AGREEMENT, entered into this 1St day of August, 2011 (Execution 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 Sate 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 of Costa Mesa and the Newport -Mesa Unified School District so as to provide a safe and secure learning environment for all students and to encourage a positive learning experience. RECITALS A. CITY is a municipal corporation duly organized and validly existing under the Constitution and the laws of the Sate 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. D. 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. E. CITY and DISTRICT are joining together in a collaborative effort to provide two (2) School Resource Officers (SRO's). The SRO's primary assignments are to work with the school communities to help provide a safe and secure environment for all. The SRO's will spend a minimum of 75% of their time allocated in this agreement in and around the assigned schools. AGREEMENT NOW THEREFORE, CITY and DISTRICT agree as follows: 1. TERM The term of this AGREEMENT shall commence on Auqust 1, 2011 . This AGREEMENT shall expire on July 31, 2012, unless terminated as specified in Section 7. 2. CITY SERVICES a. Services - General. CITY will provide two (2) full time sworn officers with the Costa Mesa Police Department to the function as School Resource Officers (Officers). The School Resource Officers 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 Costa Mesa High School (CMHS), Estancia High School (EHS), Tewinkle Middle School, and any Elementary Schools in need of officer presence. b. Services - Mandatory. CITY shall perform the following services: Establish and maintain a liaison between DISTRICT personnel, Costa Mesa Police Department personnel, and elements of the juvenile justice system. 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 investigations. iii. The officers assigned to CMHS and EHS shall share Services described in Paragraphs (i) and (ii) at Tewinkle Middle School, subject to the discretion of the Chief of Police to make assignment changes. c. Services - Discretionary. City may, in the sole discretion of the Officer and/or his/her supervisor, perform the following services: Conduct patrol activity in and around the designated campuses. ii. Conduct preliminary and follow-up investigations of crimes that occur on or near the designated campuses. d. 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. 0) 3. DISTRICT DUTIES In addition to other duties specified in this AGREEMENT, DISTRICT shall do the following: a. Staff Liaison. DISTRICT will designate a staff member to serve as a liaison to the Costa Mesa Police Department to facilitate communication between DISTRICT personnel and the Officer and coordinate the Officer's activities with DISTRICT activities and events. b. District Personnel - Cooperation. DISTRICT personnel shall cooperate with the Officer to facilitate his/her performance of Services pursuant to this AGREEMENT. 4. OPERATIONAL PROCEDURES a. Uniformed officers. The Officer will perform his/her duties in full police uniform. This uniform will include safety equipment designated for use by sworn field personnel pursuant to Costa Mesa Police Department policies and practice. b. Services - Timing. CITY shall provide the two (2) full time sworn Officers to DISTRICT with each Officer providing 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 agreement, CITY shall use its best efforts to schedule Officers so that at least one (1) of the two (2) Officers is on duty each day that school is in session and that each Officer can be present during special school activities. c. Coordination with DARE. City shall use its best efforts to coordinate the schedule of the Officers to provide the most complete coverage possible for the CMHS and EHS campuses and DISTRICT events and activities. 5. FUNDING a. Personnel. City is required to maintain two (2) sworn peace officers to provide the Services required by this AGREEMENT. b. Funding of Personnel. CITY, in its sole discretion shall determine which officers will be assigned to perform the Services. DISTRICT shall pay CITY one hundred - percent (100%) of the total compensation paid one (1) of the 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. 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 (11/2) times their regular rate of pay for overtime. DISTRICT Payments. DISTRICT shall pay the total compensation of one (1) of the Officers, at Senior Officer level, within thirty (30) days of receipt of an invoice submitted no earlier than sixty (60) days after the Effective Date. Thereafter, DISTRICT shall pay its share of the total compensation of the one (1) of the Officers within thirty (30) days of receipt of invoices submitted quarterly (ninety [90] days after initial invoice). DISTRICT shall pay for supplemental services within thirty (30) days of receipt of an invoice form CITY. 6. SPECIAL PROVISIONS a. Selection of Officer(s). 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, in his sole discretion, shall select the Officers to be assigned from the eligible candidates (or from other qualified staff, should no one express an interest). The Chief of Police shall consider input from the DISTRICT representative as to the selection of the Officers, but the Chief of Police's decision shall be final. b. Special Events. The School Resource Officer Program shall not supplant or alter the existing DISTRICT practice of hiring Costa Mesa 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 provided by the Officer, he/she may be used as one officer hired to police a special event at his/her assigned campus. c. 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 anytime after the Effective Date, by giving a thirty (30) day 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 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. 9 8. INDEMNIFICATION. a. 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, 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 assumes no workers' compensation responsibility for the elected and appointed officials, officers, and employees of the CITY. b. City's Obligations. CITY agrees to defend, indemnify and hold DISTRICT, its officers, agent, employees and volunteers harmless against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney's fees, arising out of or in any way connected with City's negligent performance of this Agreement. CITY assumes worker's 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. 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 Costa Mesa Police Department 99 Fair Drive Costa Mesa, CA 92626 DISTRICT Assistant Superintendent Business Services 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. IN WITNESS THEREOF, the Parties have caused this AGREEMENT to be executed. CITY OF COSTA MESA A Municipal Corporation By: Mayor NEWPORT -MESA SCHOOL DISTRICT LCA Assistant Superintendent Business Services ATTEST: City Clerk, City of Costa Mesa APPROVED AS TO FORM: Tom Duarte, City Attorney City of Costa Mesa N Date: Date: Date APPROVED AS TO CONTENT: Steve Staveley, Chief of Police Costa Mesa Police Department