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HomeMy WebLinkAboutItem No. 15 - First Amendment to Memorandum of Understanding Between the Public Safety Academy of San Bernardino Inc. (PSA) and the San Bernardino Police Department Consent Calendar City of San Bernardino Request for Council Action Date: June 17, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Eric McBride, Acting Chief of Police Subject: First Amendment to the MOU Between Public Safety Acadamy and the Police Department Recommendation Adopt Resolution No. 2020-134 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to the Memorandum of Understanding between the Public Safety Academy of San Bernardino Inc. (PSA) and the San Bernardino Police Department. Background On February 23, 2017, the Mayor and City Council adopted Resolution No. 2017-18, authorizing the execution of a Memorandum of Understanding (MOU) between the City of San Bernardino and the Public Safety Academy of San Bernardino Inc., and the appropriation of $125,880 in the FY 2016/17 budget. The MOU aims to provide $125,880 for part-time Cadet positions to be filled by pending graduates or graduates of the PSA. Since entering the MOU, the department has hired two cadets that met the required specifications of the agreement. Department staff has communicated with authorized representatives of the PSA. Both parties recognize that the specifications of the agreement limit the department's ability to find qualified candidates to fill cadet positions. Both parties have agreed to amend the MOU to allow the department to select from a broader range of candidates. Discussion The PSA's mission is to develop students toward a career in public safety service. Through the California Department of Education's Career Pathways Grant, a portion of the funding provided through this agreement was given to the PSA. The Career Pathways Trust was established in July 2014 with the goal of leading high school students to postsecondary credential or certification aligned with the regional workforce needs. The police cadet program is a transitional program that provides training and insight into the law enforcement organization. Part-time police cadets perform a wide variety of tasks at the police department and are especially valuable at supplementing positions that are short-staffed. Exposure to cadet positions better qualify individuals for a police Page 1 6759 officer position or other positions within the department. The current MOU establishes that the department will only use this funding to select applicants from the PSA for the cadet program. In 2017, the MOU was signed by the Principal of the PSA, Jennifer Stickel, and then City Manager, Mark Scott. Department staff met with Principal Stickel and explained that the current conditions of the MOU limit the department's ability to fill cadet positions with the grant funding. Expanding the qualifications to include applicants from all schools in the City of San Bernardino would benefit the entire community, allow the department to fill these valuable positions, and still align with the intent of the Career Pathways Grant. Principal Stickel agreed to amend the MOU to include the following language: "...in keeping with the intent of the California Department of Education's Career Pathways Grant, absent a qualified candidate from the Public Safety Academy of San Bernardino Inc., the San Bernardino Police Department may hire a candidate with a nexus to the City of San Bernardino. Without limitation, the nexus requirement is met by any individuals who either graduated from or spent at least one academic year at San Bernardino City Unified School District school or charter school within the City limits, participants in or former graduates of the San Bernardino explorer program, and students of community colleges or universities within the City limits..." The amended agreement will allow the department to hire qualified candidates from the City of San Bernardino community if the PSA does not have a qualified applicant available. 2020-2025 Key Strategic Targets and Goals The request to amend the MOU between the San Bernardino Police Department and the Public Safety Academy of San Bernardino Inc. aligns with Key Target No. 2: Focused, aligned Leadership and Unified Community, by developing and implementing a community engagement plan, and building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-134, authorizing the City Manager to execute the First Amendment to the Memorandum of Understanding between the Public Safety Academy of San Bernardino Inc. (PSA) and the San Bernardino Police Department. Attachments Attachment 1 Resolution 2020-134 Attachment 2 MOU Attachment 3 Amendment Page 2 6759 Ward: All Synopsis of Previous Council Actions: February 21, 2017 Mayor and City Council adopted Resolution No. 2017-18, authorizing the execution of a Memorandum of Understanding between the City of San Bernardino and the Public Safety Academy of San Bernardino Inc. and the appropriation of $125,880 into the FY16/17 budget. Page 3 RESOLUTION NO. 2020-134 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE PUBLIC SAFETY ACADEMY OF SAN BERNARDINO INC. AND THE SAN BERNARDINO POLICE DEPARTMENT WHEREAS, on February 23, 2017, the Mayor and City Council adopted Resolution No. 2017-18, authorizing the execution of a Memorandum of Understanding (MOU) between the City of San Bernardino and the Public Safety Academy of San Bernardino Inc. and the appropriation of $125,880 in the FY16/17 budget; and WHEREAS, the department has been unable to identify a sufficient number of candidates under the current MOU limitations to fill Cadet positions; and WHEREAS, the authorized PSA representative has agreed to amend the requirements of the MOU to allow the department to select from a broader candidate pool. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the First Amendment to the Memorandum of Understanding between the Public Safety Academy of San Bernardino Inc. (PSA) and the San Bernardino Police Department by adding language allowing the department to select from candidates with a nexus to City of San Bernardino Schools as outlined in the . SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Resolution No. 2020-134 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Resolution No. 2020-134 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk MEMORANDUM OF UNDERSTANDING Public Safety Academy of San Bernardino Inc. and San Bernardino Police Department THIS AGREEMENT is executed between the Public Safety Academy of San Bernardino Inc. (PSASB Inc), and the San Bernardino Police Department (SBPD). This agreement reflects a collaborative arrangement to expose selected pending/former graduates of the Public Safety Academy of San Bernardino to the San Bernardino Police Department's Police Cadet Program, with the intent of them becoming a future police officer/law enforcement trainee candidate. Scope of Agreement A. The Public Safety Academy of San Bernardino will: 1. Allocate to the San Bernardino Police Department funding in the amount of $125,880.00 in order to provide training to selected candidates in preparation of a career as an officer with the San Bernardino Police Department. Funding for the training incorporates monies obtained by the Public Safety Academy of San Bernardino, as awarded to them by the California Department of Education's Career Pathways Grant, in the amount of $83,880.00. An additional $42,000.00 is provided to the program by the Public Safety Academy of San Bernardino's general operating budget. 2. Selection of candidates will be predicated on successful completion of the application process and required background investigation. B. San Bernardino Police Department will: 1. Identify a point of contact to act within SBPD as a liaison with the Public Safety Academy of San Bernardino. 2. Provide expenditure data on a semi-annual basis in a general ledger format accounting to the Public Safety Academy of San Bernardino of funds used for the training of selected candidates, and of the progress being made by them in preparation of employment as a police officer. 3. There is no specific requirement for continued funding of the Cadet program under the Pathways Grant once grant funds are exhausted, but Cadets hired under the grant may continue in the Cadet positions if City-funded Cadet positions are vacant. Terms of Agreement A. Agreement shall commence effective immediately following approval of this MOU by the City of San Bernardino. B. The Agreement shall remain in force until such time as the funding provided by the Public Safety Academy is expended and the Police Department continues the training as provided for in this agreement. Jennifer Stickel, Principal Mark Scott, City Manager Public Safety Academy of San Bernardino City of San Bernardino D a t e: Date: Approved as to Form: Gary D. Saenz, City Attorney By:_______________________ 2 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING This First First to the Memorandum of Understanding dated _______________, 2020 Original is made and entered into by and between the City and the Academy as of the last date set forth below. City and Academy may hereafter be referred to collectively as Parties. RECITALS A. The Parties entered into the Original Agreement to establish a collaborative Department Cadet Program. B. The Parties now wish to expand the permitted uses of the funding provided under the Original Agre to benefit those with a nexus to the City of San Bernardino. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agreement is amended as follows: 1. A new Section B.4. is hereby added to the Original Agreement to read as follows: 4. Notwithstanding the foregoing, in keeping with the intent of the California Department of Education's Career Pathways Grant, absent a qualified candidate from the Public Safety Academy of San Bernardino Inc., the San Bernardino Police Department may hire a candidate with a nexus to the City of San Bernardino. Without limitation, the nexus requirement is met by any individuals who either graduated from or spent at least one academic year at San Bernardino City Unified School District school or charter school within the City limits, participants in or former graduates of the San Bernardino explorer program, and students of community colleges or universities within the City limits.. 2. Except as modified by this First Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof. 3. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGE SIGNATURE PAGE TO FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING Dated: June __, 2020 Public Safety Academy of San Bernardino By: Jennifer Stickel Its: Principal Dated: June __, 2020 City of San Bernardino By: Teri Ledoux Its: City Manager