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Home My WebLink About2007-483 . . 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 RESOLUTION NO. 2007-483 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO CITY 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 I. The City Manager is hereby authorized to execute on behalf of the City the Memorandum of Understanding between the San Bernardino City Unified School District and the City of San Bernardino, a copy of which is attached hereto, marked as Exhibit A, and incorporated herein by this reference. 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. SECTION 3. 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. III III III III III III III III 1 SOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN ERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF 2 NDERSTANDING BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL ISTRICT AND THE CITY OF SAN BERNARDINO. 5 OIDmon Council of the City of San Bernardino at a ioint relZular I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 3 4 meeting 6 hereof, held on the ~ day of December , 2007 by the following vote, to wit: 7 OUNCIL MEMBERS 8 9 10 11 12 13 14 C CAMMACK 15 16 AYES NAYS ABSTAIN ABSENT x x x x x x x 17 18 19 20 21 (2...d..J. k, ~ Rachel G. Clark, City Clerk -r~ The foregoing resolution is hereby approved this a day of December ,2007. 22 pproved as to Form: , Special Counsel 23 24 25 26 27 28 . 2007-483 Memorandum of Understanding between the San Bernardino City Unified School District and the City of San Bernardino Exhibit "A" Purpose To clarify the working relationship and facilitate open lines of communication between the City of San Bernardino (hereafter referred to as "City") and the San Bernardino City Unified School District (hereafter referred to as "District") as well as to acknowledge the District's responsibility regarding events on or near (generally within 1,000 feet of) school campuses within the City of San Bernardino. Background By virtue of Education Code Section 39670 and Penal Code Section 830.32, sworn members of the District's Police Department are peace officers with authority/jurisdiction anywhere in the State of California in relation to the duties of their employment. Additionally, the District's Police Department is approved by the California Commission on Peace Officer Standards and Training (POST). The District's Police Department complies with Department of Justice (DOJ) reporting guidelines for those crimes investigated by the Department. The San Bernardino City Unified School District's Board of Education established the District's Police Department to be the responding agency with respect to incidents/crimes occurring on property belonging to, adjacent to or under the control of the School District at any time of the day or night, as well as: . Incidents/Crimes committed by or against students of this District, having a nexus to school attendance or activities, occurring within the boundaries of the District during school hours, and . Incidents/Crimes committed by or against students of this District while those students are directly en route between their residence and their school of attendance or school activities. Jurisdiction of Investigations The District's Police Department will normally conduct investigations on all incidents/crimes falling within their jurisdiction, including: . Processing of routine crime scenes . Arrest, transport and booking . Collection, preservation and storing of evidence . Filing of cases with the District Attorney's office and/or Probation City Police I District Police MOV Revised 9/4/07 Page 1 of3 2007-483 , Exhibit "A" As the primary law enforcement agency with the City of San Bernardino, the City's Police Department will, upon notification by the District's Police Department, become the primary agency on any incident/crime requiring resources beyond those the District's Police Department is able to provide. Examples include: . Murder . Officer-involved shootings . Crimes against children . Sexual assault cases Cooperation on High-Risk Police Operations Recognizing that the District has year-round classes and evening activities, the City's Police Department will notify the District's Police Department of any high risk operations that may involve or impact a school site. Examples of such incidents include service of warrants, hazardous material spills, stakeouts; barricaded subject scenes, etc. Specifically, City's Police Department and District's Police Department agree to the following: . Recognizing that District may have a contingent of police officers who could be on a school campus at any hour of the day or night, City's Police Department will make a concerted effort to notify District's Police Department before beginning any tactical operation that may impact a school site or district property at any time. . City's Police Department will notify District's Police Department as soon as.practical when it has a high risk (known or reasonably suspected potential for violence or injury) tactical police operation within a one block radius of a city school campus. Consideration will be given to school children entering the tactical operation area en route to or from school. . District's Police Department will identify a liaison to coordinate with City's Police Department as needed during the duration of the tactical operation. . District's Police Department will determine and communicate with City's Police Department regarding what population/activities may be present on impacted school grounds and will assist with securing and safeguarding those sites. . District's Police Department will be responsible for notifying the appropriate official at the impacted school(s), who will take appropriate action to lessen any potential risk to . staff and students. . District's Police Department or any other school employees/administrators notified of the operation will maintain the confidentiality of the police operation until its completion or until otherwise notified. . City's Police Department will advise District's Police Department upon completion of the operation or when the potential impact on schools is eliminated. Mutual Aid / Communication Officers of both departments will provide mutual aid to the extent practical in all appropriate situations. Both departments agree to exchange reports and any information that may be mutually beneficial to facilitate investigations and other police functions. City's Police Department and District's Police Department will share information as reasonably possible City Police I District Police MOU Revised 9/4/07 Page 2 of3 2007-483 Exhibit "A" regarding juvenile suspect/arrest information. An effort will especially be made to share information related to suspects or offenses when such information may help to protect the safety of students, school personnel or school campuses. Each agency will be responsible for internal distribution and confidentiality of any information released to them. Mutual Indemnification Clause The City of San Bernardino shall defend, indemnify, and hold harmless the San Bernardino City Unified School District, the District Police Department, its officers, employees and agents from and against any and all liability, loss, expense, attorneys fees, or claims for injuries or damages arising out of the performance of this agreement, but only in proportion to, and to the extent that, such liability, loss, expense, attorneys fees, or claims for injuries or damages are caused by or are the result of the negligent or intentional acts or omissions of the City of San Bernardino, its officers, agents or employees. The San Bernardino City Unified School District shall defend, indemnify, and hold harmless the City, its elected officials, appointed officials, boards, commissions, officers, employees, and agents from and against any and all liability, loss, expense, attorneys fees, or claims for injuries or damages arising out of the performance of this agreement, but only in proportion to and to the extent that, such liability, loss, expense, attorneys fees, or claims for injuries or damages are caused by or are the result of the negligent or intentional acts or omissions of the San Bernardino City Unified School District, its officers, agents or employees. Duration and ScoDe of Agreement This memorandum of understanding will remain in effect until or unless amended or terminated by either agency. Either party to this MOU may terminate it at any time and for any reason. Written notice of termination shall be provided no less than ten days prior to the effective date of termination. This agreement shall supercede and invalidate any and all preceding agreements between the e tw agencies. ~rl/JU1- Michael A. Billdt, Chief of Police San Bernardino Police Department Date: I 2./ L..'1<>7 o Dr. Arturo Delgado, S p .ntendent San Bernardino City fied School District Date: /-<:Jt/~t) ~J~fJu~ Gary erwood, Chief ofPohce San Bernardino City Unified School District Police Department Date: 1-1o.(-LD07 Fred lson, City Manager City of San Bernardino Date: /e9-~9h7 , , Approved as to form: C~ Timothy. 0, Special Counsel City Police I District Police MOU Revised 9/4/07 Page 3 00