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HomeMy WebLinkAbout20-Police CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: May 11, 2004 ORIGlNAL Subject: Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute a services agreement with the San Bernardino Gty Unified School District for the operation of the School Crossing Guard Program by the Police Department. From: Garrett W. Zimmon, Chief of Police Dept: Police Department Synopsis of Previous Council Action Resolution #2001-5, adopted 1-10-01, School Crossing Guard Program. Resolution #2001-278, adopted 9-4-01, School Crossing Guard Program. Resolution #2001-274, adopted 8-21-02, School Crossing Guard Program. Recommended Motion: Adopt Resolution ~~ MICHAEL A. BILLDT, ASST. CHIEF OF POLICE Contact person: Sergeant K. Prostler Phone: 384-5738 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $300,000 Source: 001-217-5014 Traffic Part-time salaries Council Notes: Finance ~ ~2mL\-\49 Agenda Item No.~ rof'lloy ellY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute a services agreement with the San Bernardino City Unified School District for the operation of the School Crossing Guard Program by the Police Department. BACKGROUND The City of San Bernardino and the San Bernardino City Unified School District have participated in the school crossing guard program for a number of years. Currently, the Police Department has administrative oversight of the program and both parties contribute one-half of the financial costs of operating the program. The most recent Services Agreement expired June 30,2003. Crossing guard services are vital to protect the safety of students while walking on city streets to and from school. FINANCIAL IMPACT The Police Department's FY 03/04 adopted budget includes $300,000 for the operation of the Crossing Guard Program for FY 2003/04. Execution of the Agreement will obligate the San Bernardino City School District to pay for one-half of costs of the crossing guards employed by the City up to the sum of $150,000 for FY 2003/04. The $150,000 reimbursement from the school district has already been included in the FY 03-04 budget as a revenue. RECOMMENDATION Adopt resolution. c 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 o o RESOLUT RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF THE SCHOOL CROSSING GUARDS PROGRAM BY THE POLICE DEPARTMENT. SECTION 1: The City of San Bernardino and the San Bernardino City Unified School District each pay one-half of the annual costs of school crossing guard program. The prior agreement between the two parties expired June 30, 2003, Program costs for FY 2003/04 will be $300,000. SECTION 2: Pursuant to this detennination, the Mayor of San Bernardino is hereby authorized and directed to execute a Services Agreement for FY 2003/04 with the San Bernardino City Unified School District renewing the tenns and conditions of the new agreement. SECTION 3: The authorization to execute the above referenced Services Agreement is rescinded ifit is not issued within sixty (60) days of the passage of this resolution. III III III III III III III III Y( 0 .20 (p /1/0 c: o 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF THE SCHOOL CROSSING GUARD PROGRAM BY THE POLICE DEPARTMENT. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote, to wit: Council Members Am Nm Abstain Absent ESTRADA LONGVILLE McGINNIS DERRY . KELLEY JOHNSON McCAMMACK 19 City Clerk 20 The foregoing resolution is hereby approved this day of 21 22 o 23 24 25 26 27 28 ,2004. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney BY: f (~ I5AYJ ~.L- o (' <>c ; c_ ,JC!<<:, '" &t'1 ~~~!:~....$....._-....~.~~ SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT I o Arturo Delgado, Ed.D. Superintendent John A. Peukert, Assistant to the Superintendent, Business Operations April 16, 2004 City of San Bernardino, Police Department Mr. Bob Simmons 300 North hD" Street, 6lh Floor San Bernardino, Califonira 92418 Dear Mr. Simmons: Please find enclosed two original sets of the Crossing Guard Senice Agreement Our office has signed both documents. Please review and sign both documents and return one fully executed original to our office as soon as possible. In addition, please find enclosed the following documents: c [gJ Contractor Fingerprinting Certification/Request for Waiver Form (complete and return) [gJ Substitute W-9 Form (complete and return) [gJ District Policies (retain for your files) [gJ Laws Regulating Criminal Background Checks (retain for your files) Please complete and return both the Contractor Certification and W -9 forms with the fully executed Agreement. The District must have these forms on file in order to issue any payments for services. You may retain both the copy of the District Policies and the Laws Regulating Criminal Background Checks, as referenced in the Agreement. In addition the items listed above, please provide a legible copy of the Insurance Certification as referenced in Section VII(a) of the Agreement. Please ensure that any individual signing this Agreement is the authorized signatory and is legally authorized to bind your organization in this Agreement. Should you have any questions or concerns regarding this Agreement, please call me at (909) 381-1273. AerelY: n ~\CK'~ (:..C Peace O. Aneke, Contract Analyst Purchasing/Contract Department o PURCHASING DEPARTMENT BUSINESS SERVICES DIVISION 777 No, "F" Street. . San Bernardino, CA 92410. (909) 381-1126. Fax (909) 381~0989 @sbcusd.k12.ca.us . c o o Contract Nn: 03/04.715.0223 JSIPOA REVISED ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino. CA 92410 CROSSING GUARDS SERVICE AGREEMENT DEPUTI SUPERINTENDENTS OFFICE THIS AGREEMENT is made and entered into this 14th day of April 2004. by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. hereinafter referred to as the "DISTRICT" with its principal place of business at 777 North "F" Street. San Bernardino. California 92410. and CITY OF SAN BERNARDINO - POLICE DEPARTMENT. hereinafter referred to as "CITY" having a business address at 710 N. "D" Street. San Bernardino. California 92401. 1. TERM OF AGREEMENT A. This Agreement is effective beginning Julv 1. 2003. and continuing through June 30. 2004. The school year is from July 1 to June 30 of each succeeding year. II. CI1YS SCOPE OF WORK A. The CI1Ys Police Department shall provide crossing guards for children attending schools within the DISTRICT. B. The CfIY will train. schedule. provide and supervise personnel in accordance with this Agreement and the rules and regulations of the State of California. C. The CfIY will maintain adequate reserve personnel to furnish alternate guards in the event that any person fails to report for work at the assigned time and location. D. Crossing guards will be provided by the CI1Y at the designated locations. at the designated hours on all days that the designated schools in the DCISTRICT are in session. E. Crossing guards are employees of the CfIY and it shail be their responsibility of the CfIY to provide crossing guards with identification as such. including approprtate designation on crossing guard apparel. The apparel shall be worn at all times while the crossing guards are on duty. F. It is the responsibility of the CfIY to report to the School and the DISTRICT Human Resources Department whenever a crossing guard will not be present at any assigned location. G. CfIY will be responsible for the background and fingerprint clearance for ail crossing guards or supervisors who may come into contact with DISTRICT students as descrtbed in Education Code 45122.1 and shall return the O~~ ') . .u...1- ~ Vln /"\ ~h/"d. CiEy of San Bernardino Police Department: Crossing Guards Page lof4 , c c c Contract No: 03104-715-0223 JSIPOA REVISED DISTRICTs Contractor Certification form stating that this requirement has been met. III. GENERAL RESPONSIBILmES OF THE CITY A. The CITY is ultimately responsible for the results to be achieved under this Agreement. The CITY itself. or others hired by the CITY and under the control of the CITY. may provide the services necessary to achieve the results required under this Agreement. B. It is the CITY's responsibility to communicate with the individual school sites to acquire a school calendar and determine need and timelines. C. The CITY will perform services to achieve the results required hereunder in the CITY's own independent way as an independent contractor in the pursuit of the CI1Y's independent calling and not as an employee of the DISTRICT. D. The CI1Y shall provide all of its own supplies and equipment as may be necessary within the scope of the results to be achieved. E. The CI1Y shall complete and return to the DISTRICT the Internal Revenue Service Form W-9. which is included as an enclosure with the Agreement package. IV. RESPONSIBILmES OF THE DISTRICT The DISTRICT will prepare and furnish to the CITY upon the CITY's request. such information as is reasonably necessary to the performance of the CITY's work under this Agreement. V. CI1Y'S FEE AND PAYMENT THEREOF A. In accordance with the negotiation with the CI1Y. the DISTRICT agrees to compensate the CI1Y for one-half of the cost of services rendered to accomplish the results required hereunder. in a total amount not-to-exceed $150.000.00 (one hundred fifty thousand dollars). The cost for the crossing guard is calculated at the rate of $6.75 per hour. including benefits. Invoices are submitted quarterly (three months). B. The CI1Y's fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the CITY under this Agreement. C. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CITY under this Agreement. VI. HOLD HARMLESS: A. CITY agrees to indeIIlIlifY and hold harmless the DISTRICT. its officers. agents. and volunteers from any and all claims. actions or losses. damages. City of San Bernardino Police Department: Crossing Guards Page 2 of 4 Contract Nn: 03104-715~0223 JSlPOA REVISED and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. o DISTRICf agrees to indemnifY and hold harmless the CITY. its officers. agents. and volunteers from any and all claims. actions or losses. damages. and/or liability resulting from DISTRICT's negligent acts or omissions arising from the DISTRICT's performance of its obligations under the Agreement. C. In the event the CITY and/or the DISTRICf is found to be comparatively at fault for any claim. action. loss. or damage which results from their respective obligations under the Agreement. the CITY and/or DISTRICf shall indenmify the other to the extent of its comparative fault. B. VII. SPECIAL PROVISIONS: A. INSURANCE REQUIREMENTS: 1. The CITY shall comply with all applicable federal. state and local laws. rules. regulations. and ordinances. including workers compensation insurance laws. The CITY shll provide. through insurance policies or self-insurance. workers compensation insurance coverage for its employees who provide services hereunder. and insurance coverage or self-insurance for any and all claims for damages. injury. death or liability it may sustain or impose on others including the DISTRICf. o 2. The CITI certifies it will not discriminate on the basis of race. color. national origin. ancestry. sex (including sexual harassment). marital status. handicap. disability. medical condition. religion. or age in any of its policies. procedures. or practices in compliance with all applicable state and federal laws. 3. This shall not be assignable except with the mutual written consent of the parties hereto. 4. This Agreement may be amended by the mutual written consent of the parties hereto. 5. Either party may terminate this Agreement with a thirty (30) day written notice. If terminated. the DISTRICf will pay its share for all the services rendered through the effective day of termination. VIII. COMPLETE AGREEMENT o This Agreement. including exhibits. terms on the purchase order and addenda incorporated herein by reference. represents the entire agreement and understanding between the parties. The terms of this Agreement will prevail over any different or additional terms in CITY's proposal or other forms unless agreed in writing by DISTRICf. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties. City of San Bernardino Police Department: Crossing Guards Page 3 of 4 o o o t:ootract N.>: 03104-715-0223 JSIPOA REVISED IN WITNESS WHEREOF. the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED S HOOL DISTRICT JUDITH VALLES Mayor - M HAMMAD Z. ISLAM Assistant Superintendent Business Services Division Date: Date: JUN 4 City of San Bernardino Police Deparnnent: Crossing Guards ~~ Page 4 of 4 o San Bernardino City Unified School District ", '".~~1i~ o o ~f\~!'~:.:::_ Business and Non-Instructional Operation Policies San Bernardino City Unified School District Purchasing Department 777 North "F" Street San Bernardino, California 92410 (90g) 381-1126 BUSINESS AND NON. o INSTRUCTIONAL OPERATION Policy No. 3SiOa SMOKING AND THE USE OF TOBACCO AT DISTRICT FACILITIES ) The Board of Education of the San Bernardino City Unified School District recognizes the increasing evidence of health hazards resulting from the use of tobacco products. It also recog- nizes that there are people who choose to use tobacco products. Therefore, in the best interests of the District and its students and employees, the Board of Education establishes the following policy on smoking at District facilities. 1.0 Smoking at District Facilities \.1 Srudents It shall be the policy of the San Bernardino City Unified School District to enforce the laws on student smoking and use of tobacco products as detailed in the Education Code and other regulations: Education Code Section 48901: c a) 1':0 school shall permit the smoking or use of tobacco. or any product containing tobacco or nicotine products. by pupils of the school while the pupils are on campus. or while attending school-sponsored activities or while under the supervision and control of school district employees. b) The governing board of any school district maintaining a high school shall take all necessary steps itdeems practical to discourage students from smoking. 1.2 Non-Students Effective July I, 1995. smoking and the use of tobacco products by employees and visitors will be prohibited on all District property and in all District vehicles. Appropriate notices shall be posted. (Health and Safety Code Section 24167.) 1.3 Site administrators and supervisors will enforce smoking and tobacco regulations as set forth in this policy. 2.0 Assistance OJ The District will make available to employees and students a list of clinics and other agencies that provide programs which assist individuals who wish to stop smoking or using other tobacco products. It will also keep members of the District informed of o c o BUSINESS AND NON- INSTRUCTIONAL OPERATION Policy No. 3520b current research about the detrimental effects of smoking, smoke inhalation and tobacco usage. 3.0 Enforcement All employees will comply and are expected to enforce this policy. Adopted by Board of Education: September 3, 1991 Revised: December 20, 1994 Revised: June 6.1995 '. o c o PERSONNEL Policy No. 4136 AFFIRMATIVE ACTION PROGRAM FOR EOUAL E~IPLOYMENT OPPORTUNITY '; Statement of Policy The Board of Education of the Sm Bernardino City Unified School District, in compliance with Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967. the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, the federal Family and Medical Leave Act, California Family Rights Act and Fair Employment and Housing Act, reaffirms its policy as an Equal Opportunity/Affmnative Action employer to ensure that all persons are provided equal opportunity in employment and education and to prohibit discrimination on the basis of race, color. sex, age, national origin, ancestry, marital status. physical disability, mental disability, medical condition. religion, family care and medical leave entitlement, or veteran's status, and to make reasonable accommodations to the physical and mental hmitations of qualified individuals with disabilities to the extent feasible. The Board recognizes its legal and moral responsibility to society, in general, and specifically to ensure that progress is being made toward increasing the level of representation of minorities. women, and the disabled in the work force with their availability in the labor pool. Therefore, an Afftrmative Action Employment Program was adopted in 1973 and institutionalized as an ongo- ing commitmerH to ensure that all employment actions such as recruitment. hiring promotions and placement decisions are made solely on the basis of an individual's merit and qualifications without regard to race, color. sex, age, national origin, ancestry, marital status, physical disabil- ity, mental d!sability, medical condition, religion. family care leave entitlement or veteran's status, and all other personnel activities which include, but are not limited to, benefits, transfers, demotions, training, and upward mobility programs. Beyond complying with the letter of the law, the District recognizes that within our pluralistic society the educational institution has an obligation to promote cultural, racial, and human understanding within the communities it serves. An effective method of achieving this objective is to provide students with a District staff which is reflective of both sexes, as well as multiethnic and culrJral characteristics of society. For these reasons, the District will continue to design and develop programs and activities to seek out and attract qualified members of "protected groups" which will provide us with a broader diversity of personnel and ultimately reach our desired Affirmative Action goals where they are underutilized. Note: A copy of the Affirmative Action Program Handbook is on file in the Affirmative Action Office, ) Adopted by the Board of Education: June 5. 1980 Revised: September 17, 1996 o o c ) PERSONNEL Policy No. 4136.la NONDISCRIMINATORY HAR.\SSMENT POLICY Purpose: ~ To prevent discriminatory harassment in the work place and educational environment. Reiulation: I. Policv Statement: The San Bernardino City Unified School District is committed to providing all employees and students a working and learning environment that is free of discrimination in accordance with applicable state and federal laws. This nondiscriminatory working and learning environment is for the benefit of all District employees (non-supervisory, supervisors and management) and students. All employees are expected to fully comply with this policy. Additionally, non- employees who have contact with the District" s employees or students during working or educational hours are expected to conduct themselves in accordance with this policy. Absolutely no one is authorized to engage in conduct prohibited by this policy. .. In keeping with this commiunentto a nondiscriminatory working environment, the District maintains a strict policy prohibiting sexual harassment and harassment t :d on age over forty, race, color, sex, religious creed, national origin. ancestry, medical conditl.)n', marital status, physical or mental disability, or family care and medical leave entitlement in accordance with applicable state and federal laws. This policy prohibits all forms of discriminatory harassment through aay meallS, including nonverbal, verbal (including derogatory comments, slurs, propositions, teasing, jokes or taunts), physical (including gestures, touching, obstructing or otherwise interfering with a person's movement) or visual (including leering, cartoons, drawings, magazines, notes, letters or posters). This policy prohibits all conduct by which an employee or student because..of race. religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition', marital status, age over forty, sex or family care and medical leave entitlement, is subjected to unwelcome, offensive, intimidating, oppressive or otherwise interfering harassment. '''Medical Condition" is defined, in accordance with the California Fair Employment and Housing Act, as any health impairment related to or associated with a diagnosis of cancer, for which a person has been rehabilitated or cured, based on competent medical evidence. 2. Sexual Harassment: All of the foregoing apply to complaints of sexual harassment. For the purpose of clarification, prohibited sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, visual or physical conduct of a sexual nature where: (I) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; or (2) submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions effecting such iz:dividual; or (3) such conduct has the purpose or effect of substantially interfering with work or .;,'._--~;....-"":""-'" o PERSONNEL Policy No. 4136.1 b educational performance or creating an intimidating, hostile, or offensive working or learning environment. ' 3. Examples of prohibited harassing acts: . . . C . . c . Unwelcome sexual advances or sexual propositions Kidding, teasing, or joking of a sexual nature or of other protected bases delineated In Section 1. above Graphic commentary about an individual's body, sexual prowess or sexual deficiencies Derogatory or demeaning comments about women in general, epithets, slurs or jokes about one's race, color, national origin, religious creed, disability, age (40 and over), or marital status Leering or staring at someone Unwelcome suggestive or insulting sounds such as whistles, kissing sounds, howling, or sucking noises Touching, patting, pinching, stroking, squeezing, tickling or brushing against another's body Displaying offensive objects, pictures, calendars, cartoons, magazines, videotapes, audio recordings or literature which are sexual in nature Unwelcome use of sexually degrading language or innuendoes Obscene gestures Consensual sexual relationships where such relationships lead to favoritism of a student or subordinate employee with whom the teacher or superior is sexually involved and where such favoritism adversely affects other students andlor employees Unwanted neck or shoulder massage Spreading rumors about a person's sexuality Graffiti about a person's sexuality Letters, notes, telephone calls, e-mail or materials of a sexual nature Stalking a person Attempted or actual sexual assault Making or threatening reprisals after a negative response to sexual advances Impeding or blocking of one's movement Repeatedly asking out a person who is not interested . . . . . . . . . . . 3. Enforcement: Disciplinary action up to and including termination ",'ill be promptly taken against any employee (non-supervisory, supervisor or manager) if it becomes known to management that such person has engaged in conduct prohibited by this policy. 4. No Retaliation: No employee or students shall be retaliated against, in any manner, for reporting conduct which he/she believes to be a violation of this policy, for participating in an investigation of a possible violation of this policy, or for using the District's Complaint Procedure. .' o o 0) PERSONNEL Policy No. 4136.lc 5. Complaints: " .' Individuals who have been subjected to discriminatory harassment have an obligation to immediately report the incident or incidents to their immediate supervisor or the District's Affirmative Action Officer, who is also the District's Title IX Coordinator. The complaint will be processed in accordance with the District's Uniform Complaint Policy and Procedure. The procedure set forth pursuant to the District's Uniform Complaint Policy and Procedure does not deny the right of any individual to pursue other avenues of remedy under the jurisdiction of any state or federal law. 6. Notifications: Pursuant to Educational Code 212.6, a copy of this policy will be displayed in a prominent location in the main administrative building or other areas of the school site. A prominent location is a location where notices regarding the District's rules, regulations, procedures, and standards of conduct are posted. Also, a copy of this policy "ill be provided to each person employed by the school district at the beginning of the first quarter or semester of the school year, or at the time that a new employee is hired. A copy of this wrinen policy on sexual harassment "ill appear in any District publication that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the District. Site administrators or immediate supervisors who receive a sexual harassment incident report from any employee. non-employee or the public are required to submit a report to the Affirmative Action Office in order for the Affirmative Action Office to maintain a record of complaints. Adopted by the Board of Education: June 26, 1984 Revised: January 21, 1992 Revised: July 6, 1993 Revised: February 18, 1997 c c C _J . PERSONNEL Policy No. 4205 DRUG-FREE WORKPLACE The San Bernardino City Unified School District provides a drug-free workplace for all its> employees. The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited during working hours, at District activities, or on District property. This includes being unlawfully under the influence of a controlled substance during working hours, at District activities, or on District property. Violation of this policy will result in disciplinary action up to and including dismissal from District employment. The District offers an Employee Assistance Program (EAP), which includes drug counseling and rehabilitation. Employees may use the EAP free of charge. All EAP counseling is confidential. Employees must notify the District of any criminal drug statutory conviction for a violation occurring in the workplace no later than five (5) days after such a conviction. The Superintendent or his designee shall notify the applicable federal agency within ten (10) days after receiving notice of an employee's workplace conviction or othel"'Nise receive the actual notice of such a conviction. The Superintendent or his designee shall prepare procedures to implement this policy. i This drug-free workplace policy shall be communicated to all employees. Pre-employment All candidates for initial employment must be tested for illegal drugs follov.ing a conditional offer of employment and prior to working. In addition, all candidates for employment in safety sensitive occupations, including the following: School Police, School Police Dispatch, Campus Security, School Security, and all positions requiring a commercial driver's license, must be tested for illegal drugs following a conditional offer of employment and prior to working in the safety sensitive job. Random and PoshA.ccident Alcohol and Dru2 Testin2 At least 50 percent of all employees in positions requiring a commercial driver's license must be random tested for alcohol and drugs. Testing must be performed quarterly. Employees in positions requiring a commercial driver's license must be tested for alcohol and drugs following an accident resulting in a.'1y of the follo\\ing circumstances: I) a fatality; 2) someone requiring medical treatment away from the accident scene; 3) one of the vehicles involved being towed from the scene; and/or 4) the District's driver receiving a citation arising from the accident. NOTE: See related Procedure No. 4210a-b Adopted by the Board of Education: April 18, 1989 Amended: August 2, 1994 Amended: December ?, 1997