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Home My WebLink About20-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lee Dean, Chief of Police Subject: Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of Understanding with the Rialto Unified School District and the City of San Bernardino, Police Department. Dept: Police O""i"''''~1 I I I \ 1\,..11" .- Date: August 28, 2000 Synopsis of Previous Council action: October 1997- Mayor and Common Council ratified a Memorandum of Understanding authorizing this position for a three-year period. Recommended motion: Adopt Resolution. / u: . /~ /:t . /~ '~Mnn Contact person: Lt. Steve K1ettenberg Phone: (909) 384-5626 Supporting data attached: Yes Ward: s FUNDING REQUIREMENTS: Amount: None Source: (Ace!. No.) (Ace!. Description) Finance: Council Notes: 10)'--)10 Agenda Item No. J..O 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 with the Rialto Unified School District and the City of San Bernardino, Police Department. BACKGROUND In October of 1997, a federal grant was received by the Rialto Police Department to fund a full time police officer on the Rialto High School campus. After council ratification of a three year Memorandum of Understanding, a San Bernardino Police Officer (P-I) was placed full time at the Rialto High School. The grant expired on June 30, 2000, and cannot be renewed. It has been proposed by the Rialto Unified School District that a new agreement be developed for another three years. Rialto School District has offered to pay fifty percent of an officer's salary, fringe benefits, and overtime costs to continue this agreement. The other fifty percent would be absorbed by the City of San Bernardino. Currently, Rialto High School is the only high school within the City of San Bernardino that is exclusively policed by the San Bernardino Police Department. Last year's enrollment was approximately 2,800 students. This year it is estimated that the student population will swell to over 4,000 students. The school has experienced its share of gang activity and violence. The school actually draws from four different communities, and as such, attracts elements that do not mix well in the school environment. The School Resource Officer stationed at Rialto High School has done an excellent job defusing many potential violent confrontations that would have occurred had he not been there. If the Resource Officer position is deleted, the police department will still be required to respond to the school and surrounding areas when issues arise with students and staff. The school will be policed by a small contingency of security officers. It is the position of the Police Department that the physical and fiscal impact of having a School Resource Officer located on campus who can respond immediately to potential situations, as opposed to a reactionary response, is appropriate. FINANCIAL IMPACT When the Police Department entered into our original agreement with the Rialto Police Department and the Rialto Unified School District, we did not backfill behind the police officer assigned to Rialto High School. Therefore, the monies received from the Rialto Police Department grant have been reflected as revenue to the General Fund. This has been the case since the inception of the grant in 1997. The Police Department did not budget this revenue for FY 00-01 because negotiations with the Rialto School District had not been completed at that time. The School District has agreed, and 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. RECOMMENDATION Staff recommends that the City enter into the attached Memorandum of Understanding with the Rialto Unified School District. e e 1 2 3 4 5 6 7 8 9 10 11 12 ce(Q)(?\f RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE RlALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO. 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 affect until fully signed and 13 14 15 16 17 18 19 this resolution. 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. SECTION 3. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty days of the passage of 20 . //I 21 //I 22 23 III 24 III 25 III 26 III e 27 III 28 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO. 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 , 2000, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2000. Judith Valles, Mayor City of San Bernardino e e e .... ~I?J?W 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-l) at Rialto High School as a School Resource Officer (SRO), the campus being located in the City of San Bernardino. II. The assignment will have a duration of three (3) school years commencing July 1, 2000. 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 campus which fall within the course and scope of a police officer's function. 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. e Page 2 e e 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 Rlalto Unified School District. 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 and 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 A TTN: Chief of Police 710 North "D" Street San Bernardino, CA 92401 NOTICE TO RIAL TO USD: Rialto Unified School District A TIN: District Superintendent 182 East Walnut Rialto, CA 92376 e Page 3 e e X. The SRO position wlIl 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 wlIl be calculated at 1.5 of the officers hourly salary and wlIl be shared equally by both agencies. The cost of the SRO P-1 position shall include the salary calculated at the "E" step, including benefits. Currently, the monthly rate as reflected at that step is $6,346.00, which includes 35.415% 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 the parties agree that said increases will be borne equally by the Rialto Unified School District and the City of San Bernardino. XII. 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 ,2000. FOR THE CITY OF SAN BERNARDINO FOR THE RIALTO UNIFIED SCHOOL DISTRICT JUDITH VALLES Mayor of San Bernardino IRENE M. NEWTON District Superintendent BYO/lad 06.07.00 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: October 9,2000 TO: Brone Spann, Police Officer FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2000-301 At the Mayor and Common Council meeting of October 2, 2000, the City of San Bernardino adopted Resolution 2000-301 - Resolution authorizing the execution of a Memorandum of Understanding with the Rialto Unified School District and the City of San Bernardino, Police Department. Enclosed are two (2) original agreements. Please obtain signatures where indicated on the agreements and return the fully executed agreements to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and contract will be null and void if not executed by December 1, 2000. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Rachel Clark City Clerk JJ~ By: Michelle TT- Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signe~2/m +~ / ). Please sign and return. Date: 10 /D DO , October 9, 2000 Irene M. Newton, District Superintendent Rialto Unified School District 182 E. Walnut Rialto, CA 92376 Dear Ms. Newton, At the Mayor and Common Council meeting of October 2, 2000, the City of San Bernardino adopted Resolution 2000-301 - Resolution authorizing the execution of a Memorandum of Understanding with the Rialto Unified School District and the City of San Bernardino, Police Department.. Enclosed are two (2) original agreements. Please sign in the appropriate locations and return the original agreements to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the executed agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed by December 1, 2000. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 'O'-'Z--CO Item # W Vote: Ayes -J , '3.. I") Nays +T Change to motion to amend original documents: - Resolution # 7.J.J:D - &J \ Abstain .R- Absent 2...- Reso. # On Attachments: ./ Contract term: - NulINoid After: I Z -\ -0 0 Date Sent to Mayor: It) -'T-o() Date Returned from Mayor: Date of Clerk's Signature: lO-~ -cD Reso. Log Updated: 10 -Ll-CO / Date of Mayor's Signature: Seal Impressed: f../" ia-4-co Date Memo Sent to Department for Signature: .-.- See Attached: - Date Returned: Date Letter Sent to Outside Party for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: l~-tQ -00 ./ . See Attached: _ Date Returned: --16 "16 "(1::) See Attached: - See Attached: - Note on Resolution of Attachment stored separately: ....:::::.. Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: - See Attached: - Yes f No By Yes No V By Yes No ---1L By Yes No V By Yes No! By Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distribu~ to: City Attorney Parks & Rec. Code Compliance Dev. Services police./ Public Services Water EDA Finance MIS Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: rnr Date: /0 -/6 -(X)