HomeMy WebLinkAbout28-Police Department
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ORIGINAL
OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION
Date: April 21, 2005
Subject: Resolution of the Gty of San
Bernardino authorizing the Mayor of San
Bernardino to execute a seIVices agreement
with the San Bernardino Gty Unified School
District for the operation of the School
Oossing Guard Program by the Police
Department.
From: Garrett W. Zirnmon, Cbief of Police
Dept: Police Department
Synopsis of Previous Council.Action
Resolution # 2001-5, adopted 1-10-01, School Oossing Guard Program.
Resolution # 2001-278, adopted 9-4-01, School Oossing Guard Program.
Resolution # 2001-274, adopted 8-21-02, School Oossing Guard Program.
Recommended Motion:
Adopt Resolution
~y~
MICHAEL A BILLDT, ASST. OllEF OF POLICE
Contact person:
Sergeant Tony Gorrell
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
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Agenda Item No. ~ f
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CITY 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 fmancial costs of operating the program. The most recent Services Agreement expired June
30, 2004.
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 04/05 adopted budget includes $300,000 for the operation of the
Crossing Guard Program for FY 2004/05. The FY 04/05 revenue budget (Acct. #001-000-4740)
includes $150,000 to be paid to the City from the School District for reimbursement of half of
the costs. 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 2004/05. The $150,000 reimbursement from the school district has already been included
in the FY 04-05 budget as a revenue.
RECOMMENDATION
Adopt resolution.
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RESOLUTION NO.
C~fPY
RESOLUTION OF THE CITY OF SAN BERi"lARDINO AUTHORJZING THE
MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITII
THE SAN BERNARDINO CITY UNIFIED SCHOOL DlSTRJCT FOR THE
OPERATION OF THE SCHOOL CR,OSSING GUARDS PROGRAM BY THE POLICE
DEPARTMENT.
SECTION I: 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, 2004. Program costs for FY 2004/05 will
be $300,000.
SECTION 2: Pursuant to this determination, the Mayor of San Bernardino is hereby
authorized and directed to execute a Services Agreement for FY 2004/05 with the San
Bernardino City Unified School District renewing the terms 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
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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.
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 thereol~ held on the
day of
, 2005, by the following vote, to wit:
9 Council Members
Navs
Abstain
Aves
Absent
ESTRADA
LONGVILLE
McGINNIS
DERRY
KELLEY
City Clerk
The foregoing resolution is hereby approved this
day of
,2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and legal content:
James F. Penman, City Attorney
BY:
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Contract r " O~105-715-0292 POA
OR\G\NAL
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North MF" Street
San Bernardino. CA 92410
CROSSING GUARDS SERVICE AGREEMENT
ADMINISTRATIVE SUPPORTS OFFICE
THIS AGREEMENT is made and entered into this 16th day of March 2005. 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, "DM Street. San Bernardino.
California 92401.
I. TERM OF AGREEMENT
A. This Agreement is effective beginning Julv 1. 2004. and continuing through
June 30. 2005. The school year is from July 1 to June 30 of each
succeeding year.
II. CI1Y'S SCOPE OF WORK
A.
The CI1Y's Police Department shall provide crossing guards for children
attending schools Within the DISTRICT.
B. The CI1Y Will train. schedule. provide and supervise personnel in
accordance With this Agreement and the rules and regulations of the State of
California.
C. The CI1Y 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 CI1Y and it shall be their
responsibility of the CI1Y to provide crossing guards With identification as
such. including appropriate 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 CI1Y to report to the School and the DISTRICT
Human Resources Department whenever a crossing guard Will not be
present at any assigned location.
G.
CI1Y Will be responsible for the background and fingerprint clearance for all
crossing guards or supervisors who may come into contact With DISTRICT
students as described in Education Code 45122.1 and shall return the
City of San Bernardino Police Department: Crossing Guards
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DISTRICTs Contractor Certification form stating that this requirement
has been met.
III. GENERAL RESPONSIBILITIES OF THE CI1Y
A. The CI1Y is ultimately responsible for the results to be achieved under this
Agreement. The CI1Y itself, or others hired by the CI1Y and under the
control of the CI1Y. may provide the services necessary to achieve the
results required under this Agreement.
B. It is the CI1Y's responsibility to communicate with the individual school
sites to acquire a school calendar and determine need and timelines.
C. The CI1Y will perform services to achieve the results required hereunder in
the CI1Ys 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.
N.
RESPONSIBILITIES OF THE DISTRICT
The DISTRICT will prepare and furnish to the CI1Y upon the CI1Y's request. such
information as is reasonably necessary to the performance of the CI1Y's work
under this Agreement.
V. CI1YS 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 CI1Y under this
Agreement.
C. The DISTRICT will not withhold federal or state income tax deductions from
payments made to the CI1Y under this Agreement.
VI.
HOLD HARMLESS:
A. CI1Y agrees to indemnify 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
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Contract No: tu/05-7J5-029' POA
and/or liability resulting from CI1Y's negligent acts or omissions arising
from the CI1Y's performance of its obligations under the Agreement.
B.
DISTRICT agrees to indemnify and hold harmless the CI1Y. 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 DISTRICTs performance of its obligations under the
Agreement.
VIII.
C. In the event the CI1Y and/or the DISTRICT is found to be comparatively at
fault for any claim. action. loss. or damage which results from their
respective obligations under the Agreement. the CI1Y and/or DISTRICT shall
indemnify the other to the extent of its comparative fault.
VII. SPECIAL PROVISIONS:
A. INSURANCE REQUIREMENTS:
1.
The CI1Y shall comply with all applicable federal. state and local
laws. rules. regulations. and ordinances. including workers
compensation insurance laws. The CI1Y 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 DISTRICT.
2. The CI1Y 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 DISTRICT will pay its share for all
the services rendered through the effective day of termination.
COMPLETE AGREEMENT
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 CI1Y's proposal or other forms unless agreed in
writing by DISTRICT. 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
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IN WITNESS WHEREOF. the parties have executed this Agreement as set forth below.
CI1Y OF SAN BERNARDINO
SAN BERNARDINO CI1Y UNIFIED
SCHOOL DISTRICT
~MAD~ ~r~
JUDITH VALLES
Mayor
Assistant SupeIintendent
Business Services Division
Date:
MAR 1 6 2005
Date:
City of San Bernardino Police Department: Crossing Guards
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San Bernardino City Unified School District
Purchasing Services Department
-- Contractor Certification --
Concerning Department of Justice (DOJ) fingerprint and criminal background
investigation requirements of Education Code section 45125.1 et seq.
With respect to the Agreement dated
School District.. "DISTRICT" and
.. "CONTRACTOR," for provision of
. between the San Bernardino City Unified
Po 1 ; r"P T'lPp."lr1-rnPnt
M:olrl"'h 1 h ?nne;
City of San RPrnaTrlinn-
Crossina Guards
services:
REQUIREMENTS MET
A) 0 The CONTRACTOR hereby certifies to the DISTRICrs governing board that it has completed the criminal
background check requirements of Education Code (EC) section 45125.1 and that none of its employees
that may come into contact with DISTRICT students have been convicted of a violent felony listed in Penal Code
section 667.5(c) or a serious felony listed in Penal Code section 1192,7(c),
--0 R--
IMPORTANT NOTICE: IF YOU ARE REQUESTING A WAIVER, BE ADVISED THAT NO
SERVICES ARE TO BE PROVIDED UNTIL SUCH WAIVER IS APPROVED.
REQUEST FOR WAIVER
B) 0 The CONTRACTOR requests a waiver of the Department of Justice(DOJ) fingerprint and criminal
background investigation for the following reason(s) permitted by Education Code section 45125.1 et seq.
o The CONTRACTOR and its employees will have NO CONTACT with pupils. (No school-site services will be provided.)
o The CONTRACTOR and its employee! will have LIMITED CONTACT with pupils, (Attach information about length of time
on school grounds, proximity of work area to pupil areas, whether CONTRACTOR/its employees will be working by
themselves or with others. and any other factors that substantiate limited contact.) [EC 45125.1(c)]
o The CONTRACTOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupils but will assure that
ONE(l) OR MORE of the following methods are utilized to ensure pupil safety. IEC 45125.2(a)]
-- Check all methods to be used:
o 1) Installation of a physical barrier at the worksite to limit contact with pupilS
o 2) Continual supervision and monitoring of all employees of the CONTRACTOR by an employee of the
CONTRACTOR who has not been convicted of a serious or violent felony as ascertained by the DOJ
o 3) Surveillance of employees of the CONTRACTOR by school personnel
o The services provided by the CONTRACTOR are for an "EMERGENCY OR EXCEPTIONAL SITUATION, such as
when pupil health or safety is endangered or when repairs are needed to make school facilities
safe and habitable" IEC 45125.1(b)]
CERTIFICATION' WAIVER REQUEST BY CONTRACTOR AUTHORIZED AGENT:
MaYOr
Signatu~
Title
Date
Office
use
only
BOTH APPROVALS BELOW ARE REQUIRED:
WAIVER REQUEST:
DENIED...
By:
Date
Mohammad Z. Islam, Assislant Superintendent Bus/nus Services ~ivision OR other Authorized Agent
WAIVER REQUEST:
APPROVED.
DENIED-
By:
Date
Harold Vol/kommer, Assistant Superintendent, Human Resources ~ivision OR other Authorized Agent
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.. Vendor/Customer Name and Address
.., (Type or place label here)
Vendor Tax Information
(Substitute Form W-9)
INDIVIDUAL
Name of Individual as it appears
on Social Security Card
Social Security Number (SSN)
Resident of California(Check one)
YES
NO
SOLE PROPRIETOR
Name of Individual Owner
Business Name
Taxpayer Identification Number / SSN
(Use number that income from bUSiness wlll be reported under)
Resident of California(Check one)
YES
NO
PARTNERSHIP
Name of Partnership
Federal Identification Number
Resident of California(Check one)
o
YES
NO
CORPORATION
Name of Corporation
Federal Identification Number
Qualified to do business in California and/or perma-
nent place of business in California(Check one)
YES
NO
TAX EXEMPT ORGANIZATION/ENTITY
Name of Organization or Entity CITY OF SAN BERNARDINO
Department or Unit, if applicable 1" .LNANGt;
Federal Identification Number 95-6000772
Why Are You Tax Exempt? GOVERNMENT
hereby certify under penalty of perjury that the information provided on this document is true and correct.
~~ ;(~, DEPUTY DIR./BUDGET MGR 4/11/0~ (909) 384-5144
Sianature Title Date Tel No.
Return this Form to:
Failure to furnish correct information and return SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
this form will subject our payment(s) to you to 777 North 'F' Street
31% backup withholding per IRS regulations. San Bernardino, CA 92410-3017
AUn: Peace Aneke, Contract Analyst
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W.9FORM
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City of San Bernardino
Human Resources/Risk Management DI"IS'on
300 N.D" Street
San Bernardino, CA 92418
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LlI1n Livingston
Human Resources Director
Fred Wilson
Clt) Administrator
CERTIFICATE OF INSURANCE
OR SELF-INSURANCE
In the event of car,cellation of the self-insurance programs or policies designated below. it is the intent of the City of San
Bernardino to main 30 days' pnor notice thereof to:
Peace 0, Aneke, Contract Analyst
Purchasing/Contract Department
San Bernardino City Unified School District
777 N, 'F' Street
San Bernardino, CA 92410
The City of San Bernardino certifies that the following self-insurance programs or insurance policies are in force:
Crossing Guards Service Agreement between the San Bernardino City Unified School District
and the City of San Bernardino Police Department.
The city of San Bernardino Police Department shall provide Crossing Guards for children
attending schools within the San Bernardino City Unified School District.
This agreement is effective from July 1 2004 through June 30 2005
, ,
LIMITS OF LIABILITY
COMPANY AND POLICY
TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injurv Prooertv Damaae
Comprehensive
General Liability Self. insured Indefmite $1,000,000 Combined Single Limits
IncL Auto Liability
Excess Comprehensive
General liability
IncL Auto liability
Workers'
Compensation Self. insured IndefInite Statutory No coverage
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This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino, Risk Management Division,
cc: Devin Peck
O__----&:1ril.1L..l005
Date
For information regarding the above self-Insurance pcllcies, please contact Risk Management Division at (909) 384-5308,
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San Bernardino City Unified
School District
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Business and Non-Instructional
Operation Policies
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San Bernardino Qty Unified School District
Purchasing Department
777 North OF" Street
San Bernardino, California 92410
(909) 381-1126
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BUSINESS AND NON-
o INSTRUCTIONAL OPERATION
Policy No, 3520a
SMOKING AND THE USE OF TOBACCO AT DISTRICT FACnJTIES
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
1.1 Students
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:
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a)
No school shall pennit 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 it deems practical to discourage students from
smoking.
1.2 l"on-Students
Effective July 1, 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 shal1 be posted. (Health and Safety Code Section 24167.)
1.3 Site administrators and supervisors will enforce smoking and tobacco regulations
as set fonh in this policy.
2.0
Assistance
o
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 \vill also keep members of the District infonned of
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PERSONNEL
Policy No.4 136
o AFFIR.\,{A TIVE ACTION PROGR~ \{ FOR EOUAL EMPLOYME~T OPPORTUNITY
Statement of Policv
The Board of Education of the San 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/Affirmative 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 st:l.tus. and to make reasonable accommodations to the physical
and mentalli::-.itat:ons of qualified indi viduals with disabilities to the extent feasible,
o
The BOilrd recognizes its legal and mor:l! responsibility to society. in general. and specifically to
ensure that progress is being made toward increasing the level of representation of minori ties.
women. and the disabled in the work force with their availability in the I:1bor pool. Therefore. an
Affirm:ltive A.:tion Employment Program was adopted in 19;3 and institutionalized as an ongo-
ir,g commit:7',enr to en,sure that all eii1ployment actions such a; recruitment. hiring promotions
ar.d placement de.:isions are made solely or: the basis of an ir..:ividual"s merit and qualifications
without rega;::i to race. color. sex. age. national origin. ancest:;.. marital status. physical disabil-
ity. mental disability. medical condition. religion. farnily c:ue :eave entitlement or veteran's
status. and ::ill other personnel activities which include, but :l:e not limited to. benefits, transfers.
demotions. t;:lining, and upward mobility programs,
Beyor.d cor.:~;ying with the letter of the !:l'.l':, the District rec0gnizes that within our pluralistic
society the educational institution has an obligation to promote cultural. racial, and human
, understanding within the communities it serves. An effectj\'e method of achieving this objective
is to provide students with a District staff which is reflective of both sexes. as well as multiethnic
and cultural .:h:U3.cteristicsof society, For these reasons. the District will continue to design and
cevelop programs and activities to seek out and attract qualii!ed members of "protected groups"
which will j:';ovice us \vith a broader diversity of rersonnel ~::j ultimJtely reach our desired
Affirmat;ve A.::ion goals where they are underJtilized,
:\ote: A co;:: oi the Affinnati\'e .~ction Prograr:1 H.lndbock is on file in the Affirmative Action
Oirice.
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Adopted by the B0.lrd of Education: June 5. 1990
Revised: September Ii. 1996
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PERSONNEL
Policy No. 4136.la
NONDISCRIMIN A TORY HARo\SSMENT POLICY
PUl'pose:
To prevent discriminatory harassment in the work place and educational environment.
Reiulation:
1. Policy 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 feaerallaws. 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, Don-
employees who have contact \l,ith 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 v.ith this commitment to a nondiscriminatory working environment, the District
maintains a strict policy prohibiting sexual harassment and harassment r ,- - :d on age over forty,
race, color. sex, religious creed, national origin. ancestry, medical conditl0n*, maritai 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 any means, 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 PL iicy prohibits all conduct by which an employee or student because ofrace, 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 v.ith the California Fair Employment and
Housing Act, as any health impairment related to or associated v.ith 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
individual; or (3) such conduct has the purpose or effect of substantially interfering with work or --
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PERSOl'i'NEL
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5. Complaints:
Policy No. 4136.1c
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 Wlder 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.
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Also, a copy of this policy v.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 v.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.
o Adopted by the Board of Education: June 26, 1984
Revised: January 21, 1992
Revised: July 6, 1993
Revised: February 18, 1997
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PERSONNEL
Policy No. 4205
_,va-FREE WORKPLACE
The San Bernardino City Unified School District provides a drug-free workplace for all its
employees. The unla\\oful 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 unla\l,1Ully under the influence of a controlled substance during working hours, at
District activities, or on District property. Violation of this policy will result in disciplinuy 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 cowiseling 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 otherwise receive the acrual notice of such a conviction.
The Superintendent or his designee shall prepare procedures to implement this policy.
This drug-free workplace policy shall be communicated to all employees.
.e-emplovrnent
All candidates for initial employment must be tested for illegal drugs following 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 follo\l,1ng a conditional offer of employment and prior to working in the safety sensitive job.
Random. and PosH\ccident Alcohol and Dru~ Testin~
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 any of the follo\l,1ng circwnstances: 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.
~OTE: See related Procedure No. 421 Oa-b
Qdopted by the Board of Education: April 18, 1989
Amended: August 2, 1994
Amended: December 2, 1997
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M<eting Dote (Date A""r""')' ~ [tem' J.,~ ,,",ohrtion'
Vote: Ayes --'2 Nays Abstain
:J,DoYlJ-.3
Absent ~,)--
Change to motion to amend original documents D
//
Companion Resolutions
.ft.......-
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Note on Resolution of attachment stored separately: 0
By:
Date Sent to Mayor:
Date of Mayor's Signatur :
Date of Clerk/CDC Signature:
Re~()!Log pdated: ~
S~al Impressed: "e:(' /
Reso. # on Staff Report [J"
I
ate Memo/Letter Sent for Signature: 51/71 ') Date Returned: ~/l1~i)
?Reminder Letter Sent: 2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes N By_
Yes NO~ By_
Yes No_ By_
Yes No / ,By
Yes / -
No By_
,',
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Copies Distributed to:
Animal Control D EDA D
City Administrator ~ Facilities D
City Attorney Finance D
Code Compliance D Fire Department D
Development Services D Human Resources D
Others:
Information Services
Parks & Recreation
Police Department
Public Services D
Water Department D
Notes:
///
Ready to File: V Date:t~t9~
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 23, 2005
TO:
Bob Simmons, Sr. Assistant City Attorney
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-123
At the Mayor and Common Council meeting of May 16, 2005, the City of San Bernardino
adopted Resolution No. 2005-123 - Resolution 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.
Attached are one certified copy of Resolution No. 123 and one (1) duplicate original agreement
for your records and for the other party.
If you have any questions, please do not hesitate to contact me at ext. 3206, Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date: S/~
Please sip and return