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Home My WebLink About2009-191 1 RESOLUTION NO. 2009- 191 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OFTHE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE RIAL TO UNIFIED SCHOOL DISTRICT AND THE 4 CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER AT RIALTO HIGH SCHOOL. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager of the City of San Bernardino is authorized and 9 directed to execute, on behalf of the City, a Memorandum of Understanding between the Rialto 10 Unified School District and the City of San Bernardino. A copy of said Memorandum of 11 Understanding is attached hereto marked Exhibit "A" and incorporated herein by this reference 12 as fully as though set forth at length. 13 SECTION 2. That the implementation date of the Memorandum of Understanding is 14 July 1, 2009; therefore, any action taken between July 1, 2009, and the date that this Resolution 15 is adopted is hereby ratified, 16 SECTION 3. The authorization granted hereunder shall expire and be void and of no 17 further effect if the Memorandum of Understanding is not executed by both parties and returned 18 to the Office ofthe City Clerk within sixty (60) days following the effective date of the 19 resolution. 20 III 21 III 22 III 23 III 24 /II 25 III 26 III 27 III 28 1/1 2009-191 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF 2 UNDERSTANDING BETWEEN THE RIAL TO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER AT RIALTO 3 HIGH SCHOOL. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint 6 and Common Council of the City of San Bernardino at a regular meeting thereof, held on 7 the 6thday of July 8 COUNCIL MEMBERS: 9 ESTRADA 10 BAXTER 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 ,2009, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x ---1L 17 &r~b.~ Rac el Clark, City Clerk 18 - Ii The foregoing Resolution is hereby approved this '1~day of ,Tn T y , 2009, 19 20 21 ayor 22 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 26 1-.~ 27 28 2009-191 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) as a School Resource Officer (SRO) at Rialto High School in the City of San Bernardino. II. The term of this Agreement is three (3) years commencing July 1, 2009, and ending on June 30, 2012. The duration of the officer's assignment shall be three years. 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, andlor 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. EXHIBIT "A" 2009-191 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. 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. VIII. 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 IX. The SRO position will be funded 50% by the City of San Bernardino and 50% by 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 times the officer's hourly salary and will be shared equally by both parties. 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 $10,937.00, which includes 40.3% for the employee's benefit package. In addition, the parties will 2 2009-191 equally bear the annual $950.00 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 and will be borne equally by the parties. X. 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. 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 t.r1' DAYOF JuL7 ,2009. FOR THE CITY OF S BERNARDINO FOR THE RIAL TO UNIFIED SCHOOL DISTRICT CHARLE . Me City Manager Approved as to form: James F. Penman, City Attorney By: ~~ '?~~ (/ 3