HomeMy WebLinkAbout2009-119
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. 2009-119
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 FOR HIGH SCHOOL
GRADUATION SECURITY.
BE IT RESLOYED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The City Manager of the City of San Bernardino is aulhorizcd
and directed to execute, on behalf of the City, a Memorandum of Understanding between the
San Bernardino City 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.
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 0 [flee
of the City Clerk within sixty (60) days following the effective date of the resolution.
III
III
III
III
III
III
III
III
6
7
8
9
10
11
12
13
14
15
16
17
18
191
20
21
22
23
24
25
26
27
28
2009-119
1
2
3
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 FOR HIGH SCHOOL
GRADUATION SECURITY
I
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j oint regular meeting thereof,
held on the 18thday of May ,2009, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
x
BAXTER
BRINKER X
-
SHORETT X
X
KELLEY
JOHNSON X
MCCAMMACK X
Bc~ /;;,~
1'"~
The foregoing resolution is hereby approved this &day of May __,2009
Approved as to form:
\/~fU
Special Coun
For the City of San Bernardino
2009-119
EXHIBIT A
HIGH SCHOOL GRADUATION SERVICES AGREEMENT
BETWEEN CITY OF SAN BERNARDINO POLICE and
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
1.
Pursuant to discussions between the parties, the City of San Bernardino, through the San
Bernardino Police Department (SBPD) shall provide police officers (P-I) and one police
supervisor (P-3) at all City High Schools to perform security at school graduations.
II.
The security teams 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
the graduation ceremonies.
III.
The City of San Bernardino shall defend, indemnity, and hold harmless, the San Bernardino City
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.
IV.
The San Bernardino City 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 San Bernardino City 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 defending any such action or in enforcing this agreement shall be considered as
"attorney's fees" for purposes of this paragraph.
V.
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.
City of San Bernardino Police Department Graduation Ceremonies
Page I of3
2009-119
EXHIBIT A
VI.
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 SBCUSD:
San Bernardino City Unified School District
Attn: District Police Chief
536 W. Baseline Street
San Bernardino, CA 92410
VII.
The security teams consisting of police officers (P-I) and one supervisor (P-3), per High School,
will be funded solely by the San Bernardino City Unified School District and shall include
employees' salary and benefit costs calculated at 1.5 times the officers' hourly salaries in
addition to equipment expenses. The security team will be employed for a minimum of three (3)
hours per event. Any additional overtime expenditures directly related to San Bernardino City
Schools Graduation activities will be funded solely by the San Bernardino City Unified School
District. The cost of police officers (P-I) shall include the salary calculated at step 5, including
benefits. Currently the hourly rate as reflected at that step is $60.65. 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 $76.74 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 as soon as the increase is in effect.
V Ill.
The City of San Bernardino shall invoice (bill) the San Bernardino City Unified School District
within 30 days following these events (itemized by the event date and location) following the
effective date ofthis agreement.
IX.
This Agreement is renewable annually.
City of San Bernardino Police Department: Graduation Ceremonies
Page 2 of3
2009-119
EXHIBIT A
x.
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 })1f>A Y OF
FOR THE CITY OF
SAN BERNARDINO
~
, 2009.
FOR THE SAN BERNARDINO
CI Y NIFIED SCHOO DISTRICT
-Qj~
~~
City Manager of San Bernardino
M HAMMAD Z. ISLAM
Ch ef Business and Financial Officer
Approved as to Form:
BY'\~
Special 0 el
City of San ernardino
City of San Bernardino Police Department: Graduation Ceremonies
Page 3 of3