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Home My WebLink About05.J- Police 5.J RESOLUTION (ID # 3747) DOC ID: 3747 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Jarrod Burguan M/CC Meeting Date: 03/16/2015 Prepared by: Raymond King, (909) 384- 5742 Dept: Police Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino 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. (#3747) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: <<Insert Amount>> Account No. 001-210-0078-5011 Account Description: Personnel Salaries Balance as of: <<Insert Date>> Balance after approval of this item: <<Insert Amount>> Motion: Adopt the Resolution. Synopsis of Previous Council Action: June 21, 2006 -- Council adopts Resolution 2006-181 authorizing the execution of an MOU with Rialto Unified School District. Background: 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 Unified School District, the San Bernardino City Unified School District 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 Rialto Unified School District does not have a school police agency. This leaves the responsibility for the school with the San Bernardino Police Department. The San Bernardino Police Department did assign a police officer as a School Resource Officer at Rialto High School several years ago but that program ended due to personnel constraints. If approved by Council, the assigned officer would work on and around the Rialto High School campus for 20 hours per week and be present at after-school activities. If the position is not approved, then San Bernardino Police Department would continue to use its patrol officers to handle all incidents arising at the school and involving students in the surround areas. It is the opinion of the San Bernardino Police Department that the benefits associated with having a police officer assigned to Rialto High School for 20 hours per week to Updated: 3/11/2015 by Georgeann "Gigi" Hanna I Packet Pg. 321 5.J 3747 address school-related issues makes the position appropriate and cost effective. Per the MOU, the Rialto Unified School District will fund 100% of one police officer for 20 IL hours per week and 100% of any overtime incurred by that officer as a result of school activities. There will be no financial impact to the City. City Attorney Review: Supporting Documents: Rusd Mou Resolution (DOC) agrmt 3747 (PDF) RUSD MOU Exhibit A (DOCX) N Updated: 3/11/2015 by Georaeann "Giai" Hanna Packet Pg. 322 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF 3 UNDERSTANDING BETWEEN THE RIALTO UNIFIED SCHOOL DISTRICT AND 4 THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER AT RIALTO HIGH SCHOOL. 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager is hereby authorized and directed to execute on 9 behalf of said City, a Memorandum of Understanding between the Rialto Unified School 3 0 10 District and the City of San Bernardino. A copy of which is attached hereto marked Exhibit 11 "A" and incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. The authorization granted hereunder shall expire and be void and of 13 0 14 no further effect if the Agreement is not executed by both parties and returned to the Office of 0 N 15 the City Clerk within sixty(60) days following the effective date of the resolution. 0 16 17 18 E 19 20 a 21 22 23 24 25 26 27 28 Packet Pg. 323 5JA 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 RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER AT 3 RIALTO HIGH SCHOOL 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting 7 thereof, held on the day of , 2015, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 0 10 MARQUEZ 11 BARRIOS ti 12 ti VALDIVIA 13 0 14 SHORETT 0 N 15 NICKEL 0 16 JOHNSON N 17 MULVILHILL 18 E 19 20 Georgeann Hanna, City Clerk Q 21 The foregoing resolution is hereby approved this day of , 2015. 22 23 R. Carey Davis, Mayor 24 City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 By: 28 Packet Pg.324 5.J.b Exhibit"A" MEMORANDUM OF UNDERSTANDING BETWEEN THE RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO FOR A SCHOOL RESOURCE OFFICER (SRO) AT RIALTO HIGH SCHOOL 1. Pursuant to discussions between the parties, the City of San Bernardino, through the San Bernardino Police Department (SBPD), shall provide a part-time, police officer as a School Resource Officer (SRO) at Rialto High School in the City of San Bernardino for five (5) months. 11. The term of this Agreement is five (5) months commencing February 1, 2015, and ending June 30, 2015. The duration of the officer's assignment shall be five (5) months. III. o' 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. M IV. M The SRO shall be responsible for all law enforcement duties arising on and in the E 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 E 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 a 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. Packet Pg. 325 5.J.b 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 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 1. 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. o VIII. All notice as referenced herein, or as may be given by one party to the other, shall be ti made in writing and shall be deemed effective when deposited in the United States mail, M certified with postage prepaid and addressed as herein provided. M NOTICE TO SBPD: L City of San Bernardino Police Department CU Attn: Chief of Police 710 North "D" Street E San Bernardino, CA 92401 R r a NOTICE FO RUSD: Rialto Unified School District Attn: District Superintendent 182 East Walnut Avenue Rialto, CA 92376 IX One (1) San Bernardino Police Department Officer will serve as a School Resource Officer (20 hours per week) 100% funded salary and benefits by the Rialto Unified School District. 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 paid by the Rialto Unified School District. Packet Pg. 326 Exhibit"A" 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 DAYOF , 2015 FOR THE CITY OF FOR THE RIALTO UNIFIED SAN BERNARDINO SCHOOL DISTRICT 0 ti ti M Allen J. Parker, City Manager Mohammad Z. Islam Interim Superintendent M r L F+ d Approved as to form: E U Gary D. Saenz, City Attorney a B . Packet Pg. 327