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Home My WebLink About19-Police Department OTY OF SAN BERNARDINO - REQUEST FOR COUNOL AC1I'10N1 r. I r f /\ ! -tlF; U~\\ii\L. From: Michael A Billdt, OUef of Police Subject: Resolution of the Mayor and Qnomon Council of the Gty of San Dept: Police Department Bernardino authorizing the execution of an Addendum to the Memorandum of Date: October 16, 2008 Understanding between the Rialto Unified School District and the Gty 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. M/ CC Date: November 3, 2008 Synopsis of Previous Council Action 1. June 2006 - New MOU authorizing the School Resource Officer position for another three years, July 1,2006 through June 30,2009, ratified by the Mayor and Common Council. 2. July 2004 - MOU ratified by the Mayor and Common Council authorizing the School Resource Officer position from July 1,2003 through July 1, 2006. 3. October 2000 - MOU ratified by the Mayor and Common Council authorizing the School Resource Officer position from July 1,2000 through July 1,2003. 4. October 1997 - MOU ratified by the Mayor and Common Council authorizing a School Resource Officer at Rialto High School for a three-year period. Recommended Motion: Adopt Resolution ~~ MIGIAEL A BILLDT, CHIEF OF POUCE Contact person: Lieutenant Diane Holmes Phone: 384-5770 Supporting data attached: Yes Ward: 3 FUNDING REQUIREMENTS: Amount: $ Paid for by Rialto Unified School District Source: Council Notes: Finance ~-:s CJ 2068- ~/( Agenda Item No.~ II. ~-00 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Mayor and Common Council authorizing an Addendum to the Memorandum of Understanding between the Rialto High School District and the San Bernardino Police Department for a School Resource Officer at Rialto High School, to provide police officers for security at Rialto High School home football games. BACKGROUND In October of 1997, the Rialto Unified School District and the San Bernardino Police Department ratified an agreement for the San Bernardino Police Department to provide a full- time School Resource Officer at Rialto High School. At the time, the position was funded by a federal grant. The grant expired on July 30, 2000, and the Rialto Unified School District and the City of San Bernardino then entered into a new agreement wherein the City of San Bernardino and the Rialto Unified School District shared the expense of the officer's salary and benefits equally. That agreement expired on July I, 2003. The next agreement was adopted July 8,2004 and was set to expire on June 30, 2006. The Mayor and Common Council adopted a new Memorandum of Understanding on June 21,2006, which continues the agreement until June 30, 2009. Rialto High School is the only high school within the San Bernardino City limits that is policed exclusively by the San Bernardino Police Department. Because it is within the Rialto School District, the San Bernardino School Police Department does not have jurisdiction over it and because it is within the city limits of San Bernardino, the Rialto Police Department does not have jurisdiction. The City of Rialto does not have a school police agency. This leaves responsibility for the school with the San Bernardino Police Department. Rialto High School currently has about 4,200 students and experiences its share of problems including gang-related activity and violent altercations between students. The presence of the School Resource Officer to handle the high volume of calls for service involving students on campus and in the surrounding areas has greatly reduced the need for patrol forces to handle these incidents. The School Resource Officer has established and maintains a strong relationship with school administrators and security personnel and has been highly effective in identifying gang members and disruptive students. Effective coordinated law enforcement and administrative action, including suspensions, expulsions and arrests, when appropriate, has resulted in a safe environment on and around the campl/s. An important part of the social structure of the students and faculty of any high school centers on the school's athletic program. This is especially true of a high school's football program. Normally, football games are events that draw a large portion of the student body. These games elicit great excitement and intense emotions, especially during games with other schools perceived as rivals. Sometimes these football games can provide a venue for gang members and other trouble makers to act on criminal impulses. Fights, thefts and vandalism are all potential problems for which an adequate police presence is necessary. Rialto High School completed the construction of a football stadium on October II, 2007. A football game between Rialto High School and Redlands East Valley High School was played in this stadium on November 2, 2007, and approximately 4,700 people attended this game. Four police officers and a police sergeant from the San Bernardino Police Department staffed this game. Due to the presence of the officers and a zero-tolerance policy toward disruptive behavior, there were no significant criminal incidents associated with this game. The administration of Rialto High School has expressed an interest in having a contingent of police officers staff the five home games scheduled for the 2008 school year. It is the opinion of the San Bernardino Police Department that the benefits associated with having the football games staffed by a supervised team of police officers will include the ability to identify and neutralize potential violent encounters and other criminal acts. This will result in reduced costs and enhanced public safety at these events. 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 (Eisenhower High School) . Friday November 7, 2008 (Fontana High School) The schedule of games for subsequent years will vary and cannot be forecasted at the time of this report. FINANCIAL IMPACT The costs of providing a supervised team of police officers will be funded solely by the Rialto Unified School District and shall include the employees' salary and benefit costs calculated at 1.5% of the officers' and supervisor's hourly salary. The total cost for the five home games during the 2008 football season is approximately $7,546.20. The Rialto Unified School District understands that the rate of pay and benefits for police officers are subject to an annual increase. All parties agree that these increases will be borne solely by the Rialto Unified School District. Rialto Unified School District's disbursement will be deposited into the General Revenue - Miscellaneous Police Receipts, Account #001-000-4740. RECOMMENDA nONS Adopt resolution. 1 2 RESOLUTION NO. 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 RlALTO UNIFIED 4 SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER AT RlALTO HIGH SCHOOL, TO PROVIDE POLICE 5 OFFICERS FOR SECURITY AT RlALTO HIGH SCHOOL HOME FOOTBALL 6 GAMES. 7 8 3 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 SECTION 2: The authorization granted hereunder shall expire and be void and of no 16 further effect if the Agreement is not executed by both parties and returned to the Office of the 17 18 City Clerk within sixty (60) days following the effective date of the resolution. III 19 20 III 21 III 22 III 23 III 24 III 25 26 27 III III 28 1 2 3 4 5 6 7 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof, held Common Council of the City of San Bernardino at a 8 on the_day of 9 , 2008, by the following vote, to wit: 10 Council Members Navs Abstain Absent Aves 11 ESTRADA 12 BAXTER 13 BRINKER 14 15 16 KELLEY DERRY 17 JOHNSON 18 McCAMMACK 19 20 Rachel G. Clark, City Clerk ,2008. Patrick J Morris, Mayor City of San Bernardino Approved as to form: 27 28 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 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 / 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 ont 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. 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 VIll. 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-Z rank based on routine patrol staffing requirements. The cost of police officers (P-l) 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 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 RiaIto 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. Xl. No amendment to this agreement shall be made except by written agreement duly signed and authorized by the parties. Noihing, however, shall preclude the execution of this agreement in counterparts. AGREED TO THIS _3rd DAY OF_November_, 2008. FOR THE CITY OF SAN BERNARDINO FOR THE RIAL TO UNIFIED SCHOOL DISTRICT City Manager City of San Bernardino EDNA D. HERRING Superintendent, Rialto Unified School District Approved as to Form: JAMES F. PENMAN, City Attorney 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 RIAL TO HIGH 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 (Eisenhower High School) Friday November 7, 2008 (Fontana High School) . . . . Exhibit 1