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Home My WebLink About05.N- Police 5.N RESOLUTION(ID#3495) DOC ID: 3495 JOWN CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jarrod Burguan M/CC Meeting Date: 10/20/2014 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 San Bernardino City Unified School District and the City of San Bernardino. (#3495) Current Business Registration Certificate: No Financial Impact: Account Budgeted Amount: None Account No. «Inert Account No.>> Account Description: «Inert Account Description Balance as of: «Insert Date>> Balance after approval of this item: «Inert Amount>> Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses enses or expenses incurred,but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: July 21, 1997 Resolution #97-231 ratifying a Memorandum of Understanding between the San Bernardino City Unified School District and the City of San Bernardino adopted. December 17, 2007 Resolution #2007-483 authorizing the execution of a Memorandum of Understanding between the San Bernardino City Unified School District and the City of San Bernardino adopted. Background: The proposed agreement has identical language as the previous executed agreement; however, the previous agreement has signatures of parties who no longer work for the School District or the City. The proposed agreement includes new signature blocks and makes the document contemporary. Dr. Dale Marsden, Superintendent of San Bernardino City Unified School District,has reviewed and approved the content of the new agreement. City Attorney Review: Supporting Documents: Resolution (DOC) agrmt 3495 (PDF) IL� School PD MOU Agreement. Exhibit A (DOC) Updated: 10/16/2014 by Georgeann"Gigi"Hanna Packet Pg. 255 .......... 5.N.a 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 SAN BERNARDINO CITY UNIFIED SCHOOL 4 DISTRICT AND THE CITY OF SAN BERNARDINO. 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 of the City of San Bernardino is hereby authorized 9 to execute, on behalf of said City, a Memorandum of Understanding between the San 10 Bernardino City Unified School District and the City of San Bernardino, a copy of which is p 11 attached hereto, marked Exhibit "A," and incorporated herein by this reference as fully as Cn 12 though set forth at length. N 13 14 SECTION 2. This Agreement shall not take effect until fully signed and executed by M 15 all parties. The City shall not be obligated hereunder unless and until the agreement is fully 2 3 16 0 executed, and no oral agreement relating thereto shall be implied or authorized. ..c 17 SECTION 3. The authorization granted hereunder shall expire and be void and of no 18 further effect if the Agreement is not executed by both parties and returned to the Office of the w 19 a 20 City Clerk within sixty(60) days following the effective date of the resolution. 21 22 23 24 25 26 27 28 Packet Pg. 256 5.N.ar� a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF 2 UNDERSTANDING BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting 6 7 thereof, held on the day of , 2014,by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 0 BARRIOS 11 12 VALDIVIA m 13 SHORETT `� 14 NICKEL 15 JOHNSON 2 0 16 MULVIHILL 17 d 18 19 Georgeann Hanna, City Clerk 20 The foregoing resolution is hereby approved this day of 12014. 21 22 R. Carey Davis, Mayor 23 City of San Bernardino Approved as to form: 24 Gary D. Saenz, City Attorney 25 By: 26 27 28 Packet Pg. 257 5.N.b Exhibit A Memorandum of Understanding between the San Bernardino City Unified School District and the City of San Bernardino Purpose To clarify the working relationship and facilitate open lines of communication between the City of San Bernardino (hereafter referred to as "City") and the San Bernardino City Unified School District(hereafter referred to as"District") as well as to acknowledge the District's responsibility regarding events on or near (generally within 1,000 feet of) school campuses within the City of San Bernardino. Background By virtue of Education Code Section 39670 and Penal Code Section 830.32, sworn members of the District's Police Department are peace officers with authority/jurisdiction anywhere in the State of California in relation to the duties of their employment. Additionally, the District's v Police Department is approved by the California Commission on Peace Officer Standards and N Training (POST). The D'istrict's Police Department complies with Department of Justice (DOJ) LO reporting guidelines for those crimes investigated by the Department. M The San Bernardino City Unified School District's Board of Education established the District's v Police Department to be the responding agency with respect to incidents/crimes occurring on M property belonging to, adjacent to or under the control of the School District at any time of the E day or night, as well. as: c • Incidents/Crimes committed by or against students of this District, having a nexus to E school attendance or activities, occurring within the boundaries of the District during school hours, and Q • Incidents/Crimes committed by or against students of this District while those students are directly en route between their residence and their school of attendance or school activities. Jurisdiction of Investigations The District's Police Department will normally conduct investigations on all incidents/crimes falling within their jurisdiction, including: • Processing of routine crime scenes • Arrest,transport and booking • Collection,preservation and storing of evidence • Filing of cases with the District Attorney's office and/or Probation City Police/District Police MOU Packet Pg.258 5.N.b Exhibit A As the primary law enforcement agency of the City of San Bernardino, the City's Police Department will, upon notification by the District's Police Department, become the primary agency on any incident/crime requiring resources beyond those the District's Police Department is able to provide. Examples include: • Murder • Officer-involved shootings • Crimes against children • Sexual assault cases Cooperation on High-Risk Police Operations Recognizing that the District has year-round classes and evening activities, the City's Police Department will notify the District's Police Department of any high risk operations that may involve or impact a school site. Examples of such incidents include service of warrants, hazardous material spills, stakeouts, barricaded subject scenes, etc. Specifically, City's Police Department and District's Police Department agree to the following: 0 0 • Recognizing that District may have a contingent of police officers who could be on a Lo school campus at any hour of the day or night, City's Police Department will make a m concerted effort to notify District's Police Department before beginning any tactical N operation that may impact a school site or district property at any time. LO • City's Police Department will notify District's Police Department as soon as practical when it has a high risk (known or reasonably suspected potential for violence or injury) rn tactical police operation within a one block radius of a city school campus. M Consideration will be given to school children entering the tactical operation area en route to or from school. • District's Police Department will identify a liaison to coordinate with City's Police Department as needed during the duration of the tactical operation. d • District's Police Department will determine and communicate with City's Police Department regarding what population/activities may be present on impacted school _ grounds and will assist with securing and safeguarding those sites. Q • District's Police Department will be responsible for notifying the appropriate official at the impacted school(s), who will take appropriate action to lessen any potential risk to staff and students. • District's Police Department or any other school employees/administrators notified of the operation will maintain the confidentiality of the police operation until its completion or until otherwise notified. • City's Police Department will advise District's Police Department upon completion of the operation or when the potential impact on schools is eliminated. Mutual Aid/Communication Officers of both departments will provide mutual aid to the extent practical in all appropriate situations. Both departments agree to exchange reports and any information that may be mutually beneficial to facilitate investigations and other police functions. City's Police Department and District's Police Department will share information as reasonably possible City Police!District Police MOU Packet Pg.259 5.N.b Exhibit A regarding juvenile suspect/arrest information. An effort will especially be made to share information related to suspects or offenses when such information may help to protect the safety of students, school personnel or school campuses. Each agency will be responsible for internal distribution and confidentiality of any information released to them. Mutual Indemnification Clause The City of San Bernardino shall defend, indemnify, and hold harmless the San Bernardino City Unified School District, the District Police Department, its officers, employees and agents from and against any and all liability, loss, expense, attorneys fees, or claims for injuries or damages arising out of the performance of this agreement,but only in proportion to, and to the extent that, such liability, loss, expense, attorneys fees, or claims for injuries or damages are caused by or are the result of the negligent or intentional acts or omissions of the City of San Bernardino, its officers, agents or employees. The San Bernardino City Unified School District shall defend, indemnify, and hold harmless the City, its elected officials, appointed officials, boards, commissions, officers, employees, and o agents from and against any and all liability, loss, expense, attorneys fees, or claims for injuries 2 or damages arising out of the performance of this agreement, but only in proportion to and to the o LO extent that, such liability, loss, expense, attorneys fees, or claims for injuries or damages are caused by or are the result of the negligent or intentional acts or omissions of the San Bernardino N City Unified School District, its officers, agents or employees. M Duration and Scope of A;reement LO This memorandum of understanding will remain in effect until or unless amended or terminated M by either agency. Either party to this MOU may terminate it at any time and for any reason. E Written notice of termination shall be provided no less than ten days prior to the effective date of termination. This agreement shall supercede and invalidate any and all preceding agreements a� between these two agencies. E t w r Q Allen Parker, City Manager Dr, Dale Marsden, Superintendent City of San Bernardino San Bernardino City Unified School District Date: Date: Jarrod Burguan, Chief of Police Joseph Paulino, Interim Chief of Police San Bernardino Police Department San Bernardino City Unified School District Date: Police Department Date: Approved as to Form: G Sa z, San Bernardino City Attorney City Police/District Police MOU Packet;Pg.260