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OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACfION
Date: May 9, 2006
ORIGINAL
Subject: RESOLUTION OF THE
MAYOR AND CDMMON CDUNOL
AUffiORIZING THE EXEaJTION OF A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE RIALTO UNIFIED
srnOOL DISTRICT AND THE SAN
BERNARDINO POLICE DEPARTMENT
FOR A srnOOL RESOURCE OFFICER
AT RIALTOHIGHSrnOOL.
June 19,2006, Regular Council meeting
From: Michael A Billdt, Ollef of Police
Dept: Police Department
Synopsis of Previous Council Action
July 2004 - 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,
2003, and expires on July 1, 2006.
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.
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.
Recommended Motion:
1. Adopt Resolution
'~~
MIGIAEL A BILLDT, GIIEF OF POLICE
Contact person:
Sergeant Keith Pros tier
Phone: 384-5751
Supporting data attached: Yes
Ward: Gty Wide
FUNDING REQUIREMENTS: Amount: $112,300 - FY 05/06
Source: Patrol Fund Account # 001-213-5011
Council Notes: Reso. JDDfo -el ~)
Finance
c,jJj I D{,
.
Agenda Item No. ~ U
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
Resolution of the '\[ayor and Common Council authorizing the execution of a Memorandum of
['nderstandini-' between the Rialro l'nified School District and the San Bernardino Police
Department for a School Resource ()fficer at H.1alto High ::-'Chl}()1
BACKGROUND
In October of 1997, the Rialto ['nified School District and the San Bernardino Police Department
ratified an agreement for the San Bernardino Police Department to proyide 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 [Tnified School District and the Cin' of San
Bernardino then entered into a new agreement wherein the officer's salan' and benefits were shared
equally bv the City of San Bernardino and the Rialto Cnified School District. Thar agreement
expired on Juh' 1,2003. The next agreement was adopted Julv 8, 2004 and is set to expire June 30,
2006, This resolution proposes the adoption of a new Memorandum of ['nderstanding to staff this
position for another three years, from Julv 1,2006 until July 1,2009.
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 han jurisdiction m'er 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 haye a school police agency. This leaves responsibilin' 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 actiyity and ,'iolent altercations benyeen students. [f 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-sen-ice locations and these calls are
handled, almosr 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 haying a police officer assigned to the school to preyent 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 equallv by the
Rialto Unified School District and the City of San Bernardino, For the 06/07 fiscal year, the total
cost of this position is approximately $112,300, with the San Bernardino Police Department paying
S56,150 and the Rialto L~nified School District paying $56,150. The projected cost for the 06/07
fiscal year is SI15,000, of which the San Bernardino Police Department will pay $57,500 and the
Rialto Unified School District will pay $57,500. This poslt1on is provided for in the police
depanment 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
Adopt resolution.
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RESOLUTION NO.
RESOL1JTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BER:\IARDINO AVTHORIZING THE EXECUTION OF A MEMORANDUM
OF liNDERST ANDI:\IG BETWEEN THE RIAL TO U:\IIFIED 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:
SECTIO:\l I.
The Mayor of the City of San Bernardino is authorized and
dirccted 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 \1cmorandum of
Understanding is attached hereto marked Exhibit "A" and incorporated herein by this reference
as fully as though set forth at length.
SECTION 2.
The authorization granted hereunder shall expire and be void and
of no further effect if the Agreement is not executed by both parties and returned to the Office
of the City Clerk within sixty (60) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COU;\,CIL 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 BERl\IARDINO FOR A SCHOOL RESOURCE OFFICER AT RIALTO
HIGH SCHOOL.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting
thereof, held on the _ day of
,2006, by the following vote, to wit:
ABSTAIN
ABSENT
Council Members:
AYES
NAYS
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
.2006.
The foregoing resolution is hereby approved this
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
" .:{
7 J.1.. ....,~~A....
MES F. PENMAN,
ity Attorney
j
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,
2006.
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.
VI.
The Rialto Unified School District shall defend, indemnify, and hold harmless, the City
of San Bernardino, its officers, employees, and agents from and against any and all
liability, loss, expense, attorney'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, attorney'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 attorney'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
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 benefit
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 $9,443.34,
which includes 40.3% for the employee's benefit 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
DAY OF
,200_"
FOR THE CITY OF
SAN BERNARDINO
FOR THE RIAL TO UNIFIED
SCHOOL DISTRICT
PATRICK J. MORRIS
Mayor of San Bernardino
EDNA D. HERRING
Superintendent,
Rialto Unified School District
Approved as to Form:
JAMES F. PENMAN,
City Attorney
By: ,
')
91/~
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3
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): C4/ q 104> Item # ~(p
Vote: Ayes;)), 1(,5'1-7 Nays -&
Change to motion to amend original documents 0
NullNoidAfter: b() days/ ~ff f JOV
Resolution # On Attachments: Dote on Resolution of attachment stored separately: 0
Abstain
Resolution #
-if
dOOb-/3 J
Absent / "f-fo
Companion Resolutions
PUBLISH 0
POST 0
RECORDW/COUNTY 0
By:
Date Sent to Mayor: 0/21 / DCiJ
Date of Mayor's Signaturi (<c ~ lit,
\0 ~ OC,
Db/!) '7/ fX::; Date Returned: j -,;u - D(tJ
.
2"d Reminder Letter Sent:
Date of Clerk/CDC Signature:
Reso. Log Updated: )lQl
Seal Impressed: ~
Reso. # on Staff Report j;1
Date Memo/Letter Sent for Signature:
1" Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached: Yes No By~
Updated Prior Resolutions (Other Than Below): Yes No By~
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Yes No By~
Updated CDC Personnel Folders (5557): Yes No By~
Updated Traffic Folders (3985,8234,655,92-389): Yes No By~
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o
o
~ lcL~
o
o
EDA
o Information Services
o Parks & Recreation
~"-vtiJ\'I.lcoEolice Department
o Public Services
o Water Department
o
o
~~~
o
o
Facilities
Finance
Fire Department
Human Resources
Notes:
Ready to File: _
Date:
Revised 12/18103
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
RECEIVED-em elEi:"
200G JUL -3 PH \2: 55
DATE:
June 27, 2006
TO:
Sergeant Keith ProstIer
Police Department
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents - Resolution No. 2006-181
At the Mayor and Common Council meeting of June 19, 2006, the City of San Bernardino
adopted Resolution No. 2006-181 - Resolution 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.
Attached are a copy of Resolution No. 2006-181 and one (I) ORIGINAL Memorandum of
Understanding and two (2) duplicate original MOU's. Please obtain signatures in the appropriate
locations and return the ORIGINAL Memorandum of Understanding to the City Clerk's Office
to the attention of Dodie Otterbein, Records Management Coordinator. Please retain a duplicate
executed MOU for your records and forward the other duplicate MOU to the other party.
Please be advised that the resolution and amendment will be null and void if not executed
within sixty (60) days, or by Friday, August 18, 2006.
If you have any questions, please contact Dodie Otterbein at exl. 3215.
Sandra Medina
Assistant to the City Clerk
recetp fthe above mentioned documents.
Signed:
Date: C2(:3b!O(.,.