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HomeMy WebLinkAbout1999-015 \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \ RESOLUTION NO. 1999-15 RESOLUTION TO AUTHORIZE EXECUTION OF AN INDEMNITY AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PERFORM AUTOMATED RECORDS CHECKS THROUGH THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1 The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said city an Indemnity Agreement with the City Unified School District relating to access to the California Law Enforcement Telecommunications Systems (CLETS), a copy of said agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully set forth at length. SECTION 2 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III Resolution-Page I . " ., 1999-15 1 2 3 4 5 6 7 8 9 10 RESOLUTION TO AUTHORIZE EXECUTION OF AN INDEMNITY AGREEMENT WITH THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO PERFORM AUTOMATED RECORDS CHECKS THROUGH THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS). I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor .. . joint and Common Councll of the City of San Bernardmo at a regulae meeting thereof, held on the.25tl1... day of .January ,1999, by the following vote, to wit: Abstain Absent Council Members Aves Navs ESTRADA ....K...- x LIEN 11 vacant - 3rd Ward 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SCHNETZ x x DEVLIN x ANDERSON MILLER x /~~ h.~ Cit lerk The foregoing Resolution is hereby approved thi~&: \. day of _.IaDl,ary ,1999. V ALLES, Mayor San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney /1 . ;Zl4~ . , 1999-15 v _"./'/, / , ~/ ( AGREEMENT FOR AUTOMATED RECORDS CHECK OF VOLU!\TEERS ') THIS AGREEMENT is entered into this 25th of Januarv. 1999 ~between :; Ihe City of San Bernardino. a municipal corporation and the San Bernardino Cit\' Unitied School -+ District. a school district undcr the laws of California. 5 Recitals 6 The San Bernardino City Unitlcd School District (SBCLTSD) often uses the senices A. 7 of non-teaching volunteer aides in the operations of the schools within the district. 8 Pursuant to Education Code 935021.1 the City of San Bernardino Police Department B. 9 (SBPD) has been condusting autmnatc-d records r:hccks of prospective non-teaching volunteers aides 10 for the SBCUSD to ascertain whether the prospective volunteers have been convicted of any sex II offense. 12 C. The City of San Bernardino Police Department wishes to continue providing the 13 automated records checks for the SBCUSD. 14 The automated records checks are based upon information provided by the SBCUSD D. 15 to the SBPD including the names, social security numbers. birth dates and addresses of the 16 volunteers. 17 The automated records checks are performed on thc California Law Enforcement E. 18 Telecommunications Systems (CLETS) which is operated by the California Department of Justice. 19 The automated records checks must be conducted through a local law enforcement F. 20 agency. 21 The SBPD provides the services described above at no charge to the SBCUSD. G. 22 Agreement 23 The parties agree as follows: 24 The SBPD will perform automated records checks for Ihc SBCUSD of volunteers I. 25 pursuant to the Education Codc. 26 Eithcr party may terminate this agrccment on 15 days written notice. Any inlormation rcceived under this agreement is conlidential. Thc inlt1llnation will 27 2. 3. 28 only be uscd by the SBClJSD only lor the purposes intended under the Education Code. The RLSljs [RECORDS.ACiRI ; , . -c " 1999-15 SBCUSD agrees that any of its employees who deal with the information provided under Ihis , agreement will be trained to maintain the contidentialit\ of this in!(1rmation. UndL'r no 3 circumslances will any of the information provided to the SFlCLTSD under this agreemenl be 4 removed from the SBCUSD's facilities or controL 5 4. The SBCUSD acknowledges that the California Department of Justice operates and 6 maintains the CLETS systems and the SBPD merely obtains information Irom the CLETS system. 7 5. The SBPD advises the SBCUSD whether the CLETS system shows whether a 8 volunteer applicant has or has not becn convicted of any sex offense as defined in the Education (j Code. 10 6. The SBCUSD acknowledges that it is possible for the CLETS system to provide II information to the SBPD showing that a volunteer applicant has not been convicted of a sex olTense 12 when in fact the volunteer applicant has been so convicted and vice versa. 13 7. The Education Code only authorizcs the disclosure to the SBCUSD of whether a non- 14 teaching volunteer aide has been convicted of a sex offense. There are many other crimes besides 15 sex offenses for which a potential volunteer may have been cOll\icted. These other crimes can only 16 be disclosed to thc SBCUSD by the Stale Department of Justice in response to a lingerprint check. 17 The SBCUSD in executing this agreement acknowledges that it is aware of its obligations to submit 18 the fingerprints of potential volunteers to the Department of Justice. The SBPD is not authorizcd 19 by law to submit tingerprints on behalf of the SBCUSD. Therefore in order to obtain a complete 20 criminal history of any potential volunteer. SBCUSD must submit an accurate set of fingerprints lor 21 each potential volunteer to the Department of Justice. 22 8. SBCUSD agrees and promises to indemnify. defend and hold harmless the City of 'J' ~~ San Bernardino and its ofticers, employees and agents, Irom and against all actions. claims. 24 demands. lawsuits and liability I()r damages to person or property that may be asserted or claimed 7" ~) by any person. lirm. entity, corporation, political subdivision. or the organization arising out or in 26 connection with the pertannancc of this Agreement. but excluding such actions, claims. dcmands. 27 lawsuits and liability I()r damages to pcrsons or propclty arising Irom the sole negligence or willful 28 misconduct of the City of San Bernardino, its ofticers, agents or employees. RI.S/js [RECORDS.;\GRl , ." 1999-15 9. Any notice to be given pursuant to this Agreement should be sent by first class mail 2 addressed as follows: 3 To School District San Bernardino Citv Unified School District Attention: Superintendent's Office 4 777 North "I''' Streel San Bernardino, Calif()rnia 92410 5 To City: San Bernardino Police Department Lee Dean. Chief of Police 710 North "D" Street San Bernardino, California 9240 I 6 7 8 10. No change or modification of the terms or provisions of this Agreement shall be () dcen1ed valid unless in ""Titing and signed by beth parties. 10 II. No waiver of any breach or default shall be construed as a waiver of any subsequent 11 breach or default. 12 12. The Chief of Police or his authorized designee shall have the authority to exercise the 13 City of San Bernardino's rights under this agreemcnt including ternlination of the contract on behalf 14 of the City of San Bernardino at his sole discretion. 15 SAN BERNARDINO CITY UNIFIED SCHOOL DlSTRlCT 16 Dated: .3 - 5-- 9'7 By~~9/5t~~-7-"/ v/ Aut ized Repr entative 17 18 19 CITY OF SAN BERNARDINO 20 21 Dated: "1-,2(; -14 ~~ 7' _.1 Approved as to form and Legal Content: 24 2S JAMES F. PENMAN, City Attorney "Yef- lfe~ 26 27 28 RJ.S/js (RECORDS.AGR] o .'