HomeMy WebLinkAbout38- Police ry
.CITY OF SAN 13ERNARDINO REQUEST FOR COUNCIL ACTION
From: Lee Dean, Chief of Police Subject: Provide security and
protection to Rialto
Dept: Police
High School
W MUL
Date: 5-23-96
Synopsis of Previous Council action:
NONE.
Recommended motion:
Adopt Resolution.
MA4
Signature
Contact person: Sgt. D. Blackwell Phone: 384-5751
Supporting data attached: Yes Ward: 3
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
Acct. Description)
Finance:
Council Notes:
7 /5 03/96
r-
75-0262 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The Rialto High School will be holding its annual commencement
ceremony for the graduating senior class on June 12 , 1996, with an
expected crowd of 5, 000 in attendance .
The Rialto High School is located at 595 S . Eucalyptus Ave . in the
City of San Bernardino. The Rialto Unified School District does
not have school police to perform security and protection duties
for school events .
To facilitate a safe environment for the commencement ceremony, San
Bernardino Police Officers will be deployed, in an off-duty
capacity. Police personnel will be employed by the Rialto Unified
School District for a period of approximately three hours and paid
directly by the school district .
There are no funding requirements for this action. This resolution
simply specifies the relationship between the City and the School
District for the purposes of this event .
75-0264
1 AGREEMENT FOR SERVICES
2
3 THIS AGREEMENT, made and entered into this day of , 1996, by and
4 between the City of San Bernardino (hereinafter"CITY") and the Rialto Uni ied School District
5 ("DISTRICT").
6 WHEREAS, periodically DISTRICT desires to employ City police officers for the
7 purpose of providing security and protection at school events; and
8 WHEREAS, the parties to this Agreement desire to have such employment considered
9 employment by the DISTRICT,a public entity,for purposes of Penal Code Section 70(c),such that
10 civil and criminal liability resulting from such employment shall be borne by the DISTRICT and
11 not the CITY;
12 NOW, THEREFORE, the parties agree as follows:
13 1. DISTRICT agrees, subject to paragraph 3 herein, that when it or a student body
14 organization from one of its schools employs City police officers for purposes of providing police
15 security and protection at a school event, the DISTRICT shall be considered the secondary
16 employer of such officer under Penal Code Section 70(c), such that all civil and criminal liability,
17 including the costs of the defense of any action, arising out of the employment of such City police
18 officers shall be borne by the DISTRICT.
19 2. CITY agrees to permit its police officers to be employed in accordance with this
20 agreement so long as the employment does not interfere with the officers' responsibilities to the
21 CITY and is approved by the Chief o�Police.
22 3. This agreement shall apply to the employment of all City police officers when
23 approved in writing by the DISTRICT's Superintendent or his/her authorized designee.
24 4. Without limiting the operative effect of Penal Code Section 70(c),DISTRICT shall
25 indemnify, defend and hold CITY, its officers, employees and agents, free and harmless from any
26 claim, demand, liability, suit,judgment or expense(including, without limitation,reasonable costs
27 of defense) arising out of or related to police services provided pursuant to this Agreement, except
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HTC:ms[Rialto.Agr] 1
1 that such duty to indemnify, defend and hold harmless shall not apply where injury to person or
2 property is caused by CITY's willful misconduct or sole negligence.
3
4
RIALTO UNIFIED SCHOOL DISTRICT
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6
i mot' .Gd
7 DATED: �5 � �� By
8
9 �
CITY OF SAN BERNARDINO
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11
12 DATED: By
Tom Minor, Mayor of the
13 City of San Bernardino
14
Attest:
15
16
Rachel Clark, City Clerk
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18
Approved as to Form and
19 Legal Content
20 James F. Penman
City Attorney
21 1� �
22 By
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