HomeMy WebLinkAbout1996-153
1
RESOLUTION NO.
96-153
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
3 THE CITY OF SAN BERNARDINO AND RIALTO UNIFIED SCHOOL DISTRICT TO
PROVIDE SECURITY AND PROTECTION AT SCHOOL EVENTS
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement to provide security and protection at school events
9 between the CITY OF SAN BERNARDINO and RIALTO UNIFIED SCHOOL
10 DISTRICT, a copy of which is attached hereto marked Exhibit "A"
11 and incorporated herein by reference as fully as though set forth
12 at length.
13
SECTION 2.
The authorization to execute the above-
14 referenced agreement is rescinded if the parties to the agreement
15 fail to execute it within sixty (60) days of the passage of this
16 resolution.
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HTC,ms[RUSD.Res]
1
RES 96-153
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND RIALTO UNIFIED SCHOOL DISTRICT TO
PROVIDE SECURITY AND PROTECTION AT SCHOOL EVENTS
3
4
I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6
Bernardino at a
regular
7
day of
June
3rd
meeting thereof, held on the
, 1996, by the following vote, to wit:
AYES NAYS
x
x
x
x
x
x
x
0--" ~ L , Cu.-,~
~:J;~'J:e:!
The foregoing resolution is hereby approved this 6d
8
Council Members:
9 NEGRETE
10 CURLIN
11 ARIAS
12 OBERHELMAN
13 DEVLIN
14 ANDERSON
15 MILLER
16
17
18
19
20
June
, 1996.
of
21
22
23
24
Approved as to
form and legal content:
25
JAMES F. PENMAN,
City Attorney
\
BY:'~ 1
o
26
)
\i~,-
27
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HTC,ms[RUSD.Res]
ABSTAIN
ABSENT
day
---------~-~\
. / c/" / i / .-j"~P'1
Tom Minor, Mayor
City of San Bernardino
2
96-153
~
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AGREEMENT FOR SERVICES
2
3
THIS AGREEMENT, made and entered into this .i...!ctay of~, 1996, by and
between the City of San Bernardino (hereinafter "CITY") and the Rialto United School District
4
5
("DISTRICT").
6
WHEREAS, periodically DISTRICT desires to employ City police officers for the
7
purpose of providing security and protection at school events; and
WHEREAS, the parties to this Agreement desire to have such employment considered
8
9
employment by the DISTRICT, a public entity, for purposes of Penal Code Section 70(c), such that
civil and criminal liability resulting from such employment shall be borne by the DISTRICT and
not the CITY;
NOW, THEREFORE, the parties agree as follows:
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11
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13
I.
DISTRICT agrees, subject to paragraph 3 herein, that when it or a student body
14 organization from one of its schools employs City police officers for purposes of providing police
15 security and protection at a school event, the DISTRICT shall be considered the secondary
16 employer of such officer under Penal Code Section 70( c), such that all civil and criminal liability,
17 including the costs of the defense of any action, arising out of the employment of such City police
18 officers shall be borne by the DISTRICT.
19
2.
CITY agrees to permit its police officers to be employed in accordance with this
20 agreement so long as the employment does not interfere with the officers' responsibilities to the
21' CITY and is approved by the Chief of Police.
22
3.
This agreement shall apply to the employment of all City police officers when
23 approved in writing by the DISTRICT's Superintendent or hislher authorized designee.
24
4.
Without limiting the operative effect of Penal Code Section 70( c), DISTRICT shall
25 indemnifY, defend and hold CITY, its officers, employees and agents, free and harmless from any
26 claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs
27 of defense) arising out of or related to police services provided pursuant to this Agreement, except
28 III
HTC,ms[Rialto.Agr]
1
96-153
;
1 that such duty to indemnify, defend and hold harmless shall not apply where injury to person or
2 property is caused by CITY's willful misconduct or sole negligence.
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7 DATED: ,) -Y~f;b
8
91
10
11 DATEr(j~ f., I /11 h
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Attest:
15
16 ~~
Rac ] Clark, City Clerk
17 '
I
,
18 '
Approved as to Form and
19 Legal Content
20 James F. Penman
City Attorney
21 n 1
22 By \ i $v- 7- u ~
23 (j
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HTC,ms[Ria1to.Agr]
RIAL TO UNIFIED SCHOOL DISTRICT
By k4P~-
CITY OF SAN BERNARDINO
r.-)
~- ..' \
By /~ /i1'1url
{ Tom Minor, Mayor ofthe -
City of San Bernardino
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