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Home My WebLink About32-Police . . , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: May 7, 2004 OR\G\N~L Subject: Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of Understanding between the Rialto Unified School District and the San Bernardino Police Department. From: Garrett W. Zimmon, Chief of Police Dept: Police Synopsis of Previous Council Action: October 1997 - Mayor and Common Council ratified a Memorandum of Understanding authorizing the position of School Resource Officer at Rialto High School for a three year period. October 2000 - Mayor and Common Council ratified a new Memorandum of Understanding authorizing the School Resource Officer position for another three years. This period commenced on July 1, 2000, and expired on July 1, 2003. Recommended Motion: Adopt Resolution ~~ Michael A. Billdt, Assistant Chief of Police Contact person: Lieutenant Steve Klettenberg Phone: (909) 384-5751 Supporting data attached: Yes Ward: City Wide FUNDING REQUIREMENTS: Amount: $101,000 - FY 03/04 Source: Patrol Fund Account #001-213-5011 Finance: Council Notes: ~~ZZ1 Agenda Item r -1t J~ I \ lo \ D~ . , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of Understanding between the Rialto Unified School District and the San Bernardino Police Department for a School Resource Officer at Rialto High School. BACKGROUND In October of 1997, the Rialto Unified School District and the San Bernardino Police Department ratified an agreement for the San Bernardino Police Department to provide a full-time School Resource Officer at Rialto High School. At the time, the position was funded by a federal grant. The grant expired on July 30, 2000, and the Rialto Unified School District and the City of San Bernardino then entered into a new agreement wherein the officer's salary and benefits were shared equally by the City of San Bernardino and the Rialto Unified School District. That agreement expired on July 1, 2003. This resolution proposes the adoption of a new Memorandum of Understanding to staff this position for another three years, from July 1, 2003 until July 1, 2006. Rialto High School is the only high school within the San Bernardino City limits that is policed exclusively by the San Bernardino Police Department. Because it is within the Rialto School District, the San Bernardino School Police Department does not have jurisdiction over it and because it is within the city limits of San Bernardino, the Rialto Police Department does not have jurisdiction. The city of Rialto does not have a School Police agency. This leaves responsibility for the school with the San Bernardino Police Department. Rialto High School currently has about 4,200 students and experiences its share of problems including gang-related activity and violent altercations between students. If the School Resource Officer position did not exist, the San Bernardino Police Department would have to use its patrol forces to handle all incidents arising at the school and involving students in the surrounding areas. Rialto High School is consistently one of our highest calls-for-service locations and these calls are handled, almost without exception, by the School Resource Officer without patrol officers needing to respond. It is the opinion of the San Bernardino Police Department that the benefits associated with having a police officer assigned to the school to prevent and deal with problems occurring there make the position appropriate and cost effective. FINANCIAL IMPACT The Rialto Unified School District understands that the rate of pay and benefits for a police officer are subject to an annual increase. All parties agree that these increases will be borne equally by the Rialto Unified School District and the City of San Bernardino. For the 03/04 fiscal year, the total cost of this position is approximately $101,000, with the San Bernardino Police Department paying $50,500 and the Rialto Unified School District paying $50,500. The projected cost for the 04/05 fiscal year is $104,000, of which the San Bernardino Police Department will pay $52,000 and the Rialto Unified School District will pay $52,000. This position is provided for in the police department . budget under the Patrol Fund for the Western District, Account #001-213-5011. When the Rialto Unified School District reimburses their half, it is deposited into the General Revenue - Miscellaneous Police Receipts, Account #001-000-4740. RECOMMENDATIONS Staff recommends that the City enter into the attached Memorandum of Understanding with the Rialto Unified School District. . . ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOL'~.~Jf7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER AT RIAL TO HIGH SCHOOL. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is authorized and directed to execute, on behalf of the City, a Memorandum of Understanding between the Rialto Unified School District and the City of San Bernardino. A copy of said Memorandum of Understanding is attached hereto marked Exhibit "A" and incorporated herein by this reference as fully as though set forth at length. SECTION 2. This agreement shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed, and no oral agreement relating thereto shall be implied or authorized. III III III III III III III III III III III ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2004-227 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER AT RIALTO HIGH SCHOOL. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor j t. and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the 6th day of July , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x yjorrf/io)rlftiincJ Dl?putli City Clerk I --0 ,2004. Approved as to form and legal content: JAMES F. PENMAN, City Attorney 2004-227 , . MEMORANDUM OF UNDERSTANDING RE: AGREEMENT BETWEEN THE RIAL TO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER (SRO) AT RIAL TO HIGH SCHOOL I. Pursuant to discussions between the parties, the City of San Bernardino, through the San Bernardino Police Department (SBPD) shall provide a full-time, 12 month police officer (P-1) at Rialto High School as a School Resource Officer (SRO), the campus being located in the City of San Bernardino. II. This assignment will have a duration of three (3) school years commencing July 1, 2003. III. The SRO shall, at all times, be subject to the directives and supervision of the SBPD, and shall be responsible for serving as a liaison between students, faculty, administration, parents and law enforcement in furtherance of good and meaningful youth, community, school, and police understanding. IV. The SRO shall be responsible for all law enforcement duties arising on and in the vicinity of the Rialto High School which fall within the course and scope of a police officer's duties. The officer shall be engaged in a wide variety of activities determined to meet the collective goals of the Rialto Unified School District and the San Bernardino Police Department, as well as the general community, that being, to provide a safe and healthy educational environment. Such duties/activities shall include, but shall not be limited to, assisting administrators and school staff members with discipline/criminal matters, conflict resolution, gang issues, attendance (truancy) issues, safety procedures, trespassers, parent complaints, and/or inquiries. V. The City of San Bernardino shall defend, indemnify, and hold harmless, the Rialto Unified School District, their respective agencies, officers, employees, and agents from and against any and all liability, loss, expense, attorney's fees, or claims for inquiries or damages arising out of the performance of this agreement, but only in proportion to, and to the extent such liability, loss, expense, attorney's fees, or claims for injuries or damages are caused by, or are the result of, the negligent or intentional acts or omissions of the SBPD, its officers, agents or employees. ~. 2004-227 VI. The Rialto Unified School District shall defend, indemnify, and hold harmless, the City of San Bemardino, its officers, employees, and agents from and against any and all liability, loss, expense, attomey's fees, or claims for injuries or damage arising out of the performance of this agreement, but only in proportion to, and to the extent such liability, loss, expense, attomey's fees, or claims for injuries or damages are caused by, or are the result of, the negligence or intentional acts or omissions of the Rialto Unified School District. Said sums shall include in the event of legal action, court costs, expense of litigation and reasonable attomey's fees. The costs, salary and expenses of the City Attorney and members of his staff in enforcing this agreement on behalf of the City shall be considered as "attorney's fees' for purposes of this paragraph. VII. This agreement shall remain in full force and effect for a period of three (3) school years (as per paragraph II) commensurate with the balance of the matching funding to be paid by the Rialto Unified School District. VIII. Either party to this MOU may terminate the agreement at any time or for any reason provided written notice of such intent to terminate is submitted not less than thirty (30) days prior to the effective date of termination. IX. All notices as referenced herein, or as may be given by either party to the other shall be made in writing and shall be deemed effective when deposited in the United States mail, certified with postage prepaid and addressed as herein provided. NOTICE TO SBPD: City of San Bernardino Police Department Attn: Chief of Police 710 North "D" Street San Bernardino, CA 92401 NOTICE TO RUSD: Rialto Unified School District Attn: District Superintendent 182 East Walnut Avenue Rialto, CA 92376 2 2004-227 X. The SRO position will be funded 50% from the City of San Bernardino and 50% from the Rialto Unified School District and shall include the employee's salary and benefrt cost. Any overtime expenditures that are directly related to Rialto High School activities will be calculated at 1.5 of the officer's hourly salary and will be shared equally by both agencies. The cost of the SRO P-1 position shall include the salary calculated at step 5, including benefits. Currently, the monthly rate as reflected at that step is $7,531.27, which includes 35.415% for the employee's benefrt package. Once a year, there is a $600.00 uniform allowance that needs to be factored in. These rates are subject to increase annually. The parties agree that any increase in the salary and benefits will be included in the rates as soon as the increase is put into effect. XI. The rate of pay and benefits referenced in paragraph X herein is subject to an annual increase and authorized by the parties. Nothing, however, shall preclude the execution of the agreement in counterparts. XII. The City of San Bernardino shall invoice (bill) the Rialto Unified School District on a quarterly basis (itemized by the month) commencing at the end of the first quarter following the effective date of this agreement. XIII. No amendment to this agreement shall be made except by written agreement duly signed and authorized by the parties. Nothing, however, shall preclude the execution of this agreement in counterparts. AGREED TO THIS 6th DAY OF . 200,.i.. July FOR THE RIAL TO UNIFIED SCHOOL DISTRICT t ~ EDNA D.HERRING Superintendent, Rialto Unified School Distri 3 . , RIALTO UNIFIED SCHOO'L DISTRICT EDNAD.HERRING 182 East Walnut Avenue Rialto, California 92376-3598 Telephone(909)82D-7700 FAX (909) 873-2489 Superintendent BOARD OF EDUCATION Joanne To Gilbert WaiterS. Hawkins Dan L. Mays OennisW. Mobley Cha~es E. Skaggs B1LL8ROWN AssiBtant SLp8fintelldent 8lo8in818 ServkBs April 15, 2004 City of San Bernardino Police Department Attn: Chief of Police 710 North "0" Street San Bernardino, CA 92401 RE: APPROVED AGREEMENT Dear Chief of Police, Enclosed is a signed Memorandum of Understanding Re: Agreement between the Rialto Unified School District and the City of San Bernardino for a School Resource Officer (SRO) at Rialto High School, that was approved at the Board of Education meeting on April 14, 2004. Afterfinal signature, please retum a fully executed copy for our files. If you have any questions, call me at (909) 820-7700, Ext. 212. Thank you, ~1JJJJ.~ Rosie Williams Administrative Secretary II Business Services Enc!. + Youth: Our Most Valuable Resource + . Riallo is a Drug, Alcohol and Tobacco FREE Dislrict . OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us ~ July 9,2004 Rosie Williams Administrative Secretary II Business Services Rialto Unified School District 182 East Walnut Avenue Rialto, CA 92376 Dear Ms. Williams, Enclosed please find one fully executed copy of the Memorandum of Understanding between the Rialto Unified School District and the City of San Bernardino for a School Resource Officer (SRO) at Rialto High School. If you have any questions, please do not hesitate to call me at (909)384-5002. Sincerel~, ,/ A C/){rc.&.d^ .d[L--- Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty