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Home My WebLink About2002-340 1 2 3 4 5 6 7 8 RESOLUTION NO. 2002-340 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF $5,000 FROM ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENTARY SCHOOL. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 10 11 12 13 14 directed to execute on behalf of said City, an agreement with the San Bernardino City Unified School District for an Asset Fo~feiture fund allocation in the amount of $5,000, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 15 SECTION 2. The authorization to execute the above referenced agreement is 16 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption 17 ofthis resolution. 18 19 20 21 22 23 24 25 26 27 28 III III III III III III III III ~ 2002-340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF $5,000 FROM ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENTARY SCHOOL. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the 21st day of October , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LIEN X MCGINNIS x DERRY x - SUAREZ x ANDERSON X MCCAMMACK X Q~ 11.CLvJc Ra1mel G. Clark, City Clerk The foregoing resolution is hereby approved this ? ''G' d day of October 2002. J . Valles, Mayor . of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, 25 City Atto y 26 27 By: 28 . 2002-340 1 2 3 4 5 6 AGREEMENT This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the SAN BERNARDINO CITY UNIFIED 7 SCHOOL DISTRICT, referred to as "Organization." 8 The parties agree as follows: 9 10 1. Recitals. A. Organization has requested financial assistance from City for the 11 Fiscal year 2002/03, in order to assist in defraying the expenses connected with the conduct of 12 the activities of the Junior Police Academy (JP A), as outlined in JP A Budget, a copy of which is 13 attached hereto marked Attachment "A". The terms of the request are incorporated herein by 14 15 reference and shall govern the uses of the funds provided herein. The financial assistance 16 provided for in this agreement is made on a one-time basis, and receipt of said funds shall not 17 imply a continuing obligation of the City beyond the terms of this agreement. 18 B. The expenditure is for a valid municipal public purpose, to wit: for the 19 conduct of activities related to the Junior Police Academy at Lytle Creek Elementary School, for 20 21 22 23 the balance of the fiscal year. 2. Payment. Upon presentation of a claim to the Police Department, City shall pay 24 to organization from the Asset Forfeiture - Drug/Gang education fund for the 2002/03 fiscal 25 year, the total sum of FIVE THOUSAND DOLLARS ($5,000). 26 27 28 ^ 2002-340 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE FROM FY 2001/02 1 ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENTARY SCHOOL 2 3 4 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in 5 Paragraph I above. No deviation from these provisions shall be made without the express 6 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 7 Organization. 8 9 10 4. Accountability. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such manner as to permit City to easily trace 11 12 the expenditure of the funds. All books and records of Organization are to be kept open for 13 inspection at any time during the business day by the City or its officers or agents. Failure to 14 submit the financial records in accordance with this section will result in the Organization ] 5 reimbursing the City in the full anlount received by Organization. If Organization does not ]6 submit receipts totaling $5,000 which City deems appropriate, Organization shall remit to City 17 18 19 20 the difference between $5,000 and the amount of said appropriate receipts so submitted. 5. Hold Harmless. Organization covenants and agrees to defend, (if asked by City), indemnify, 2] and hold harmless the City, its departments, agencies, boards, commissions, elected officials, 22 officers, attorneys, employees and agents from all liabilities and charges, expenses (including 23 counsel fees), suits, or losses, however occurring, or damages arising or growing out of the use 24 25 or receipt of the funds paid hereunder and all operations under this Agreement. Payments hereunder are made with the understanding that the City is not involved in the performance of 26 27 services or other activities of Organization. The costs, salary and expenses of the City Attorney 28 2 2002-340 , AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE FROM FY 200Il02 1 ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENTARY SCHOOL 2 and members of his office in enforcing and defending this Agreement on behalf of the City shall 3 be considered as "counsel fees" for the purpose of this paragraph. 4 6. Insurance. 5 6 While not restricting or limiting the foregoing, during the term of this Agreement, Organization shall maintain in effect policies of comprehensive public, general and 7 8 automobile liability insurance, in the amount of $1 ,000,000, per occurrence combined single 9 limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, 10 elected officials, officers, attorneys, employees, and agents, as additionally insured. A certificate 11 of insurance evidencing such coverage shall be provided to the Mayor or her designee, with the 12 added notation that the insurance policy shall not be terminated or materially altered without 10 13 14 15 16 City shall have the right to terminate this agreement by mailing a ten-day written notice days prior written notice to the City. 7. Termination. 17 to Organization and this agreement shall terminate ten days after the mailing of such notice. In 18 the event this agreement is terminated for reasons of improper use of funds or use of funds for 19 any purpose other than those authorized, any unexpended portion of the funds provided by City 20 shall be returned to City. In addition, Organization shall reimburse to City any funds expended 21 which were used for any purpose other than those authorized under this agreement. 22 23 24 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to 25 make the adherence to the obligations imposed by this agreement a binding obligation of the 26 organization. 27 28 3 2002-340 r AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE FROM FY 2001102 1 ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENT AR Y SCHOOL 2 9. Notices. 3 All notices herein required shall be in writing and delivered in person or 4 Sent by certified mail, postage prepaid, addressed as follows: As to Organization: San Bernardino City Unified School District 777 No. "F" Street San Bernardino, CA 92410 Attn: Dr. Arturo Delgado, Superintendent 4 , 2002-340 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE FROM FY 200Il02 1 ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENTARY SCHOOL 2 3 10. 4 Entire Agreement. This agreement and any documents or instruments attached hereto or 5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 7 of conflict between the terms, conditions or provisions of this agreement, and any such document 8 9 10 or instrument, the terms and conditions of this agreement shall prevail. In witness whereof, the parties hereto have executed this agreement on the day and date 1] first above shown. 12 13 14 15 16 17 /""'^ ./4 C.--L..-~- alles, Mayor By. By. () Dr. Arturo Delgado, 18 ATTEST: 19 By: Q,<.~/~C~ h. c..R....v'<~~ 20 Cit}'"G'ierk 21 22 Approved as to form and legal content: 23 24 25 26 By: . / 27 28 5 ~ 2002-340 Attachment "An Arturo Delgado, Ed.D. Superintendent September 19,2002 Narciso Cardona Assistant Superintendent Mr. Fred Wilson City Administrator City of San Bernardino 300 North D Street San Bernardino, CA 92418 Dear Mr. Wilson: This is to inform you that Lytle Creek Elementary School will continue to operate the Junior Police Academy (JP A) for the 2002-2003 academic year. As per your request the following is a description of the program with the budget proposal that will be needed to run the program. The program will need a six-hour drill instructor to provide student participants with the supervision and instruction to enable them to learn basic police procedures. This process will include having the instructor collaborate with the City Police Department to follow the department's curriculum. This curriculum is a simplified version ofthe coursework studied by the California Police Academy. The students will also have an opportunity to visit the Police Academy and view the K-9 training. The Drill Instructor will train and monitor the cadets' daily routine, which will include raising and lowering our country's flag daily; organizing and setting times to be hall monitors; observing playgrounds for safety maintenance; assisting fellow students in conflict management; monitoring and checking restrooms during recesses to maintain clean facilities; and arbitrating serious conduct violations committed by fellow cadets. The Drill Instructor will communicate with the cadets' teachers to ensure homework compliance, completion of class assignments, and class behavior. The instructor will train the cadets on military drills to perform at city and county sponsored parades. The training in military drills helps students work cooperatively together and helps them develop appropriate social skills. The budget for 2002-2003 reflects a $24,500.00 expenditure. Drill Instructor (Consultant) at 8 hours daily Benefits Field Trips Uniform Replacements Boots Replacements Trophies Printing: Certificates and Curriculum Binders Replacements PT Replacements (shorts and t-shirts) $20,000.00 o 1,500.00 500.00 300.00 700.00 1,000.00 200.00 300.00 Total $24,500.00 STUDENT SERVICES Narciso Cardona, Assistant Superintendent 777 North F Street. San Bernardino, CA 92410 . (909) 381-12BO . Fax (909) 3B1-49B9 2002-340 Mr. Fred Wilson Page 2 September 19, 2002 Lytle Creek School had to trim the budget from $47,406.00 to the $24,500.00 in this proposal as the school and the district may not be able to sustain a unit employee whose salaries and benefits will increase significantly in the next two years. This expenditure alone would cost almost $43,000.00 in salary and benefits. The consultant will come from one of our fonner cadets who has graduated from high school and volunteered as Junior Police Academy instructor last year. This person will do a good job. Your in-kind financial support of$12,250.00 for this program will enable Lytle Creek entary School to run a quality program that will showcase the best of our city's youth. you. cc: Jan Wages, Administrative Analyst Councilman McGinnis Gigi Jackson, Principal, Lytle Creek School