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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL 00<<; I NA L
From: Keith L. Kilmer, Chief of Police
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNOL
AUTI-IORIZING THE EXEOJTION OF A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE RIALTO UNIFIED
SCHOOL DISTRICT AND THE OTY OF
SAN BERNARDINO FOR A SCHOOL
RESOURCE OFFICER AT RIALTO HIGH
SCHOOL.
July 6, 2009, Regular Council meeting
Dept: Police Department
Date: June 2, 2009
Synopsis of Previous Council Action
July 2006 - Mayor and Cormnon Council ratified a new Memorandum of Understanding authorizing
the School Resource Officer position for another three years. This period cormnenced July 1, 2006,
and expires on July 1,2009.
July 2004 - Mayor and Cormnon Council ratified a new Memorandum of Understanding authorizing
the School Resource Officer position for another three years. This period cormnenced on July 1,
2003, and expires on July 1, 2006.
October 2000 - Mayor and Cormnon Council ratified a new Memorandum of Understanding
authorizing the School Resource Officer position for another three years. This period cormnenced
on July 1, 2000, and expired on July 1, 2003.
October 1997 - Mayor and Cormnon Council ratified a Memorandum of Understanding authorizing
the position of School Resource Officer at Rialto High School for a three year period.
Recommended Motion:
1. Adopt Resolution
~J!L
KEITH KILMER, CHIEF OF POLICE
Contact person:
Sergeant Michael Madden
Phone: 384-5784
Supporting data attached: Yes
Ward: 3
FUNDING REQUIREMENTS: Amount: $65,622.00FY09/10
Source: Patrol Fund Account # 001-213-5011
Council Notes:
~$~
Finance
ZOO 9-/9 (
Agenda Item No. 33
7-C,-oQ
OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION
Staff Report
SUBJECT
Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of
Understanding between the Rialto Unified School District and the City of San Bernardino for a
School Resource Officer at Rialto High School.
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 officer's salary and
benefits were shared equally by the City of San Bernardino and the Rialto Unified School
District. That agreement expired on July 1, 2003. The next agreement was adopted July 8,
2004 and expired June 30, 2006. The current agreement was adopted July I, 2006 and is to
expire July I, 2009. This resolution proposes the adoption of a new Memorandum of
Understanding to staff this position for another three years, from July I, 2009 until July I, 2012.
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. If the School
Resource Officer position did not exist, the San Bernardino Police Department would have to
use its patrol forces to handle all incidents arising at the school and involving students in the
surrounding areas. Rialto High School is consistently one of our highest calls-for-service
locations and these calls are handled, almost without exception, by the School Resource Officer
without patrol officers needing to respond. It is the opinion of the San Bernardino Police
Department that the benefits associated with having a police officer assigned to the school to
prevent and deal with problems occurring there make the position appropriate and cost
effective.
FINANCIAL IMPACT
The Rialto Unified School District understands that the rate of pay and benefits for a police
officer are subject to an arrnual increase. All parties agree that these increases will be borne
equally by the Rialto Unified School District and the City of San Bernardino. For the 09/10
fiscal year, the total cost of this position is approximately $131,244.00, with the San Bernardino
Police Department paying $65,622.00 and the Rialto Unified School District paying $65,622.00.
There is an anticipated 4% increase for years two and three of this agreement. This position is
provided for in the police department budget under the Patrol Fund for the Western District,
Account #001-213-5011. When the Rialto Unified School District reimburses their half, it is
deposited into the General Revenue - Miscellaneous Police Receipts, Account #001-000-4740.
RECOMMENDATIONS
Adopt resolution.
1
RESOLUTION NO. 2009-
ccO)~y
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 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 "An 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 of the City Clerk within sixty (60) days following the effective date of the
19 resolution.
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III '7 - b~ti '1
28 III
d:f ?fj
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
6 and Common Council of the City of San Bernardino at a
meeting thereof, held on
7 the _day of
8 COUNCIL MEMBERS:
9 ESTRADA
, 2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
10 BAXTER
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17
Rachel Clark, City Clerk
18
19
The foregoing Resolution is hereby approved this _ day of
,2009.
20
21
22
PATRICK J. MORRIS, Mayor
City of San Bernardino
23
Approved as to form:
24
JAMES F. PENMAN,
City Attorney
25
26
t-.~
27
28
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, and/or 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"
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 "0" 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
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
DAY OF
.2009.
FOR THE CITY OF
SAN BERNARDINO
FOR THE RIAL TO UNIFIED
SCHOOL DISTRICT
CHARLES E. McNEELY
City Manager
HAROLD L. CEBRUN, SR.
Superintendent
Approved as to form:
James F. Penman, City Attorney
3
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 poiice
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, and/or 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.
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
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
DAY OF
,2009.
FOR THE CITY OF
SAN BERNARDINO
FOR THE RIAL TO UNIFIED
SCHOOL DISTRICT
CHARLES E. McNEELY
City Manager
HAROLD L. CEBRUN, SR.
Superintendent
Approved as to form:
James F. Penman, City Attorney
By: ~~ ?~~
(j
3