RESOLUTION 97-
326 2 RESOLUTIONOF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTIONOF A MEMORANDUMOF UNDERSTANDINGWITH THE CITY OF 3 RIALTO POLICE DEPARTMENT, THE RIALTO UNIFIED SCHOOL DISTRICT
AND THE CITY OF SAN BERNARDINO POLICE
DEPARTMENT.
4 BE IT RESOLVEDBY THE MAYOR AND COMMON COUNCILOF THE
CITY 5 OF SAN BERNARDINOAS
FOLLOWS: 6 SECTION 1. The Chief of Police of the City of San 7 Bernardinois hereby authorizedand directedto execute, on 8 behalf of said City, a Memorandumof Understanding between the 9 City of Rialto Police Department, the Rialto Unified School 10 District and the City of San Bernardino Police Department. 11 A copy of said Memorandumof Understandingis attached 12 hereto marked Exhibit " A" and incorporated hereinby this 13 referenceas fully as though set forth at
length. 14 SECTION 2, This agreement shall not take affect until 15 fully signed and executedby all parties. The City shall not be 16 obligated hereunder unless and until the agreementis fully 17 executedand no oral agreement relating thereto shall be implied 18 or
authorized. 19 SECTION 3. The authorizationto execute the above 20 referenced agreementis rescindedif the partiesto the agreement 21 fail to executeit within sixty ( 60) days of the passageof this 22
resolution. 23 / / /24 / / /25 / / /
26 / / / 27 / / /2812-
15159- 305
97 ; 326
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF 2 RIALTO POLICE DEPARTMENT, THE RIALTO UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO POLICE DEPARTMENT.
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15159-
305
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27 28 I HEREBY CERTIFYthat the foregoing resolution
was duly adopted by the Mayor and CommonCouncil of the City of San Bernardinoat a joint regular meeting thereof, held on the 20th day of October1997 by the following
vote,
to wit: COUNCIL MEMBERS: AYES
NAYS ABSTAIN
NEGRETE x
CURLIN
x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER
x
ABSENTJc
City Clerk The foregoingresolution is hereby
approvedthis ~~ day
of October
1997.
t~ City of San
Bernardino Approvedas to form and legal
content: JAMESF.
PENMAN,
CitYl1ttorneyBy: Ilt./YY'
l.
o7
o J
97-
326 MEMORANDUMOF
UNDERSTANDINGTHE CITY OF RIALTO POLICE
DEPARTMENT
AND THE RIALTO UNIFIED SCHOOL
DISTRICT
AND THE SAN BERNARDINOPOLICE
DEPARTMENT1.
PURPOSEThe San BernardinoPolice Departmentshall enter into an agreementwith the City of Rialto Police Departmentand the Rialto Unified School District. The San BernardinoPolice Departmentshall staff the positionof School ResourceOfficerwitha P- l, policeofficer, at the campus of Rialto High Schoolon a full- time basis, the campusbeinglocatedin the City of San Bernardino. Thefunding will be derived from a federalgrantreceived by the RialtoPoliceDepartment, and will havea duration of three years. Thejointventureis in thebest interestof boththe City of San Bernardinoand the Rialto Police Department, the Rialto UnifiedSchool District, and most importantly, the studentsof Rialto High SchooLThe purpose of this Memorandumof Understandingis to clearly definethe scopeand duration of the partnershipas it pertainsto the staffing of a SchoolResourceOfficerat Rialto High
SchooL2. PROCEDURE The San BernardinoPolice Departmentwill providea full-timepoliceofficer position(p- l) at Rialto High School as a School ResourceOfficer. This officershall, at all times be subject to the directivesand supervisionof the SBPD, and shall be responsiblefor workingwith students, faculty, administration, andparents, in the furtheranceof good youth/ community/policeunderstanding. The officer shall be responsiblefor all law enforcementduties arising on the campus whichfall within the scope and course of a police officer's function.
The officershall be engagedin a wide varietyof activitiesdeterminedto meet the collectivegoal of the RialtoUnifiedSchoolDistrict, the Rialto Police Department, and the San BernardinoPolice Department, as well as the gene_ral community, that being
to provide a safe
and healthyeducationalenVIronment.3. MUTUAL INDEMNIFICATIONCLAUSEA. The SBPDshalldefend, indemnify, and hold harmlessthe City of Rialto Police Department,
The Rialto UnifiedSchool District, their respectiveagencies,officers, employees, and agents from and againstany and all liability, loss, expense, attorney's fees, or claims for injuriesor damagesarisingout of the performanceof this agreement, but
97-
326 such liability, loss, expense, attorney's fees, or claims for injuries or damagesarecausedby or are the resultof the negligent or intentionalacts or omissionsof the SBPD, its officers, agents
or employees.B. TheCity of Rialto PoliceDepartmentand the Rialto Unified SchoolDistrict shall defend, indemnify, and hold harmlessthe SBPD, its officers, employees,and agentsfrom and againstanyand all liability, loss, expense, attorney's fees, or claim for injuries or damagearisingout of the performance of this agreement, but only in proportionto, and to the extent of, such liability, loss, expense, attorney's fees, or claims for injuries or damagesare causedby or are the result of the negligentor intentionalacts or omissions of the RialtoPolice Departmentandlor the
Rialto Unified SchoolDistrict.
4. DURATIONOF AGREEMENTThisMOU shall be in effectfor a period of three( 3) years commensuratewith the provisionsof the federalgrantto the City of Rialto Police Department, with the balanceof the fundingto be paid by the Rialto Unified
School District. 5. TERMINATIONEither party to this MOU may terminatethis agreementat any time and for anyreason. WrittenNoticeof Terminationshall be providednot less than ten days prior to the effectivedate of terminationand shall comply with the provisionsof
immediatelysucceeding
paragraph6. 6. NOTICESAll noticesas requiredto be given by this MOU, or as may be given by either party to the other, shall be made in writing and shallbe deemed to be effectivewhen depositedin the United States mail, certifiedwith postage prepaid and addressed as herein provided. Notice of Terminationshall require ten( 10) days advancenoticeas provided in the
immediatelyprecedingparagraph
5. Noticeto SBPQ: CITY OF
SAN BERNARDINOPOLICEDEPARTMENT
Attention: Chief of Police 710 North " D" Street,
San
Bernardino,
CA
92401
9-
7- 326 Notice to
Rialto PD: CITY OF RIALTO
POLICE DEPARTMENTAttention: Chief
of Police 128 South Willow Street, Rialto,
CA 92376Notice to
Rialto USD: RIALTO UNIFIED
SCHOOL DISTRICT Attention: Superintendent
of Schools182 East Walnut, Rialto,
CA 92376 7.
ENTIRE AGREEMENTA. The positionwill be fundedthrougha grant awardedto the Rialto PoliceDepartment, and fundsfrom the Rialto Unified SchoolDistrict.
Such funding shall includedany local " matching funds" required. Thecost of the P- 1 position havebeencalculatedat the " E" step. Currently, themonthlyrate is $ 5, 811. 97, which includesthe 41. 204% for the employees benefitpackage. Thesefunds will be paid directlyto the City of San Bernardinoto be dispersed
through the Finance Department.B. Therate of pay is subjectto increaseannually, and the parties agreethatthese increaseswill be bornby the City of RialtoPolice Departmentand the
Rialto Unified
SchoolDistrict. 8. MODIFICATIONNo amendmentof this MOU shallbe made exceptby writtenagreement signed by duly authorized_
representativesof
each
party.
9. COUNTERPARTSIII III III This MOUmay
be
97-
326
FOR CITY OF SAN BERNARDINO POLICE DEPARTMENT
DATED: October _, 1997 BY:
Lee Dean
ITS: Chief of Police
FOR THE CITY OF RIALTO POLICE DEPARTMENT
DATED: October _, 1997 BY: ~ 7~ d
Lowell Stark
ITS: Chief of Police
FOR RIAL TO UNIFIED SCHOOL ~ CT , DATED:
October _, 1997 BY: t::::- / ?t.
L
h.
J. 5kL IreneNewtonITS:
Superintendentof
Schools 4
97-
326 FOR CITYOF SAN BERNARDINOPOLICE
DEPARTMENT DATED: ~==-, 1997 BY: C~ .$~ 12//
0/? 7
Lee Dean
ITS: Chief of Police
FOR THE CITY OF RIALTO POLICE DEPARTMENT
DATED: October _, 1997 BY:
Lowell Stark
ITS: Chief of Police
FOR RIALTO UNIFIED SCHOOL DISTRICT
DATED: October _, 1997 BY: Irene
Newton IT~
Superintendentof Schools4