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Home My WebLink About2008-411 2008-411 1 2 RESOLUTION NO, 2008-411 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE RIALTO UNIFIED 4 SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL 5 RESOURCE OFFICER AT RIALTO HIGH SCHOOL, TO PROVIDE POLICE OFFICERS FOR SECURITY AT RIALTO HIGH SCHOOL HOME FOOTBALL 6 GAMES. 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 11 SECTION 1: The City Manager of the City of San Bernardino is authorized and directed to execute, on behalf of the City, an Addendum to the Memorandum of Understanding 12 between the Rialto Unified School District and the City of San Bernardino. A copy of said 13 Addendum to the Memorandum of Understanding is attached hereto marked Exhibit 'A' and 14 incorporated herein by this reference as fully as though set forth at length. 15 16 17 18 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. III 19 20 1/1 21 1/1 22 III 23 11/ 24 11/ 25 11/ 26 27 1// 28 - 2008-411 1 2 3 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER AT RIALTO HIGH SCHOOL, TO PROVIDE POLICE OFFICERS FOR SECURITY AT RIALTO HIGH SCHOOL HOME FOOTBALL GAMES. 5 6 7 Common Council of the City of San Bernardino at a ioint regular meeting thereof, held 8 9 10 11 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and on the 3l:d...- day of , 2008, by the following vote, to wit: N"nucmhaYO 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members Aves Navs Abstain Absent ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x McCAMMACK x ~~ 4t.~ Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this S~ day of November ,2008. -' - 111'1 I II 2008-411 ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING RE: AGREEMENT BETWEEN THE RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER (SRO) AT RlALTO HIGH SCHOOL I. Pursuant to discussions between the parties, the City of San Bernardino, through the San Bernardino Police Department (SBPD) shall provide 4 to 6 police officers (P-I I P-2) and one police supervisor (P-3) at Rialto High School to perform security at five home football games. II. This assignment will have the duration of one (1) school year commencing September 5, 2008. Schedule of games is attached hereto as Exhibit 1 and made a part hereof. III. The security team shall, at all times be subject to the directives and supervision of the SBPD, and shall be responsible for providing a safe environment for students, faculty and visitors during home football games. IV. The City of San Bernardino shall defend, indemnity, 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. v. The Rialto Unified School District shall defend, indemnify, and hold harmless, the City of San Bernardino, it 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 I'....'. IH<'j 1.11 2008-411 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. VI. 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. VII. 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 VIII. The security team consisting of four (4) police officers (P-l/P-2) and one supervisor (P-3) will be funded solely by the Rialto Unified School District and shall include employees' salary and benefit costs calculated at 1.5% of the officers' hourly salaries in addition to equipment expenses. The San Bernardino Police Department will determine whether to staff the security team with four or six officers based on the potential for violence resulting from known interschool rivalries or histories of violence. The security team will be employed for a minimum of three (3) hours per event. Any additional overtime expenditures directly related to Rialto High School activities will be funded solely by the Rialto Unified School District. The San Bernardino Police Department will make every effort to fill the team positions with officers of the P-l rank to minimize the cost to the Rialto Unified School District. The San Bernardino Police Department will reserve the right to fill these positions with officers of the P-2 rank based on routine patrol staffmg requirements. The cost of police officers (P-1) shall include the salary calculated at step 5, including benefits. Currently the hourly rate as reflected at that step is $62.38. The cost of ~...., .. III I [I 2008-411 police corporals (P-2) shall include the salary calculated at step 5, including benefits. Currently the hourly rate as reflected at that step is $70.66. The cost of a police supervisor (P-3) position shall include the salary calculated at step 5, including benefits. Currently, the hourly rate as reflected at that step is $79.12 for sergeant (P-3). These rates are subject to increase annually. The parties agree that any increase in the salary and benefits will be included in the rates and paid for by the Rialto Unified School District as soon as the increase is put into effect. IX. The rate of pay and benefits referenced in paragraph VII herein is subject to an annual increase and authorized by the parties. Nothing, however, shall preclude the execution of the agreement in counterparts. X. The City of San Bernardino shall invoice (bill) the Rialto Unified School District on a quarterly basis (itemized by the event date) commencing at the end of the first quarter following the effective date of this agreement. XI. 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 3rd DAY OF November ,2008. - - FOR THE RIALTO UNIFIED SCHOOL DISTRICT Ci anager City of San Bernardino G JOSEPH DAVIS, ED.D. ~""'t, Sup r ntendent, ......., Rialt Unified School District Approved as to Form: JAMES F. PENMAN, City Attorney "....,. ,'. . 2008-411 ADDENDUM TO THE 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 IDGH SCHOOL These games are scheduled for . Friday, September 5, 2008 (San Bernardino High School) . Friday, September 12, 2008 (Barstow High School) . Friday, October 3, 2008 (A.B. Miller High School) . Friday, October 24, 2008 (Eisenl1ower High School) . Friday November 7,2008 (Fontana High School) Exhibit 1 I~""""