Loading...
HomeMy WebLinkAbout19-Police Department . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zimmon, Chief of Police 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. Dept: Police Department o ~. '" " Date: July29,2002 t;i'."n.~;L Synopsis of Previous Council Action Resolution #2001-278, adopted 9-4-01. Recommended Motion: Adopt Resolution )\ Garrett W. on, Chief of Police Contact person: Lieutenant L. Neigel Phone: 384 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $311,400.00 Source: 001-217-5014 ~/~ Council Notes: '12FN\:$ldm~-df)Y Agenda Item No.L 1/I,jbJ- . , , . 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 Bemardino 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 Service Agreement expired June 30, 2002. Crossing guard services are vital to help ensure the safety of our students while walking to and from school. FINANCIAL IMPACT The Police Department's FY 02/03 adopted budget includes $311 ,400 for the operation of the crossing guard program. 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, not to exceed $155,700 during FY 2002/03. RECOMMENDATION Adopt resolution. c c 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 l (GQ)r?,\{ RESOLUTION NO. 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 original agreement between the two parties expired June 30, 2002. Program costs for FY 2002/03 will be $311 ,400. SECTION 2: Pursuant to this determination, the Mayor of San Bernardino is hereby authorized and directed to execute a Services Agreement for FY 2002/03 with the San Bernardino City Unified School District renewing the terms and conditions of the original agreement. SECTION 3: The authorization to execute the above referenced Services Agreement is rescinded if it is not issued within one hundred and twenty (120) days of the passage of this resolution. III III III III III III III III c c c 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 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 GU.4.RD PROGR-\M BY THE POLICE DEPARTMENT. 4 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 , 2002, by the following vote, to wit: Council Members ~ Abstain Absent Am ESTRADA LIEN McGINNIS DERRY SUAREZ ANDERSON McCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2002. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney 1, /) BY: ";..', -7 -:"c::>~ '- J c c c AGREEMENT EXTENDING CROSSING GUARDS SERVICES AGREEMENT The CITY OF SAN BERNARDINO, a municipal corporation ("CITY") and the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ("SBCUSD") are parties to a Crossing Guard Services Agreement, a copy of which is attached. The original agreement expired June 30, 2002. The parties hereby extend the attached agreement through June 30, 2003. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT JUDITH V ALLES, Mayor City of San Bernardino DAVID S. BAIL Assistant Superintendent Business Services Division Date: Date: o c c 2001-5 AGREEMENT EXTENDING CROSSING GUARDS SERVICES AGREEMENT The CITY OF SAN BERNARDINO, a municipal corporation ("CITY") and the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ("SBCUSD") are parties to a Crossing Guard Services Agreement, a copy of which is attached. The original agreement expired June 30, 2000. The parties hereby extend the attached agreement through June 30, 2001. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT rfavlJt I. YILt- HOLD VotLKOMMER Assistant Superintendent Human Resources Division JUDI LES, Mayor Ci75 San Bernardino Date: 1-/(,-0 I 1/~6/tJl I . Date: c c c 2000-206 CROSSING GUARDS SERVICES AGREEMENT This agreement is entered into on .....',. ,! , 2000 between the CITY OF SAN BERNARDINO. a municipal corporation ("CITY") and the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ("SBCUSD"). The CITY's police department shall provide crossing guards for children attending schools within the SBCUSD. The SBCUSD agrees to pay for one-half of the costs of crossing guards employed by the CITY up to the sum of$130,200 per school year. The school year is from July 1 to June 30 of the succeeding year. This Agreement is effective beginning July I, 1998 and continuing through June 30,2000. This Agreement is to formalize the past practices between the parties. The parties may agree to extend the term of this agreement. CITY's Duties 1. The CITY will train, schedule, provide and supervise personnel in accordance with this Agreement and the rules and regulations of the State ofCalifomia. 2. The CITY 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. 3. Crossing guards will be provided by the CITY at the designated locations. at the designated hours on all days that the designated schools in the SBCUSD are in session. 4. Crossing guards are employees of the City and it shall be the responsibility of the City to provide crossing guards with identification of such, including appropriate designation on crossing guard apparel. The apparel shall be worn at all times the crossing guards are on duty. 5. It is the responsibility of the City to report to the District's Human Resources Department whenever a crossing guard will not be present at any assigned location. 6. City 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. . SBCUSD's Duties I. The SBCUSD agrees to compensate the CITY for services rendered to accomplish the results required hereunder, not to exceed $130,200.00 per school year. The invoice shall describe in detail the services rendered and Federal Tax I.D Number. Payment to the CITY shall be made by I EXHIBIT "A" c c c 2000-206 . the SBCUSD after receipt and approval of the invoice. Invoices will be submitted quarterly. . , 2. The payment to the CITY is inclusive of all services under this Agreement. 3. The SBCUSD will not withhold federal or state income tax deductions from payments made to the CITY under this Agreement. ResDonsibilities of the CIIT I. The CITY is ultimately responsible for the results to be achieved under this Agreement. The CITY itsel( 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. 2. It is the CITY's responsibility to communicate with the individual school sites to acquire a school calendar and determine need. 3. The CITY will perform services to achieve the results required hereunder in the CITY's own independent way as an independent contractor and not as an employee of SBCUSD. 4. The CITY shall provide all of its own supplies and equipment necessary to achieve the results of this Agreement. Information Provided bv the SBCUSD The SBCUSD will prepare and furnish to the CITY upon the CITY's request, such information as is reasonably necessary to the perfomwice of the CITY's work under this Agreement. . Hold Harmless 1. The CITY hereby agrees to indemnifY, defend, and hold harmless the SBCUSD and its departments, agents, officers, and employees from any and all claims or sums which the SBCUSD or any of its departments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to property or . injury or death of persons, arising out of the performance of the services rendered by the CITY or caused by any error, omission, or act of the CITY or of any person employed by CITY or of any others for whose acts the CITY is legally liable. Said sums shall include, in the event oflegal action, court costs, expenses oflitigation, and reasonable attorney's fees. 2. The SBCUSD hereby agrees to indemnifY, defend, and hold harmless the CITY and its departments, agents, officers and employees from any and all claims or sums which the CITY or any of its departments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to property or injury or death of persons, arising out of the performance of the services rendered by the SBCUSD or 2 c c c 2000-206 caused by any error, omission, or act of the SBCUSD or of any person employed by the SBCUSD or of any others for whose acts the SBCUSD is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. Soecial Provisions 1. The CITY shall comply with all applicable federal, state and local laws, rules, regulations, and ordinances, including workers compensation insurance laws. The CITY shall 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 SBCUSD. 2. The CITY 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 Agreement 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. This Agreement may be terminated by either party with a thirty (30) day written notice. If terminated, SBCUSD will pay its share for all services rendered through the effective date of . termination. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO "\ SAN BERNARDINO CllY UNIFIED SCHOOL DISTRICT . i ',' /{' /' ".. , , . . ( ".. I ......_ ... I.. *-._ Judith ~alles; Mayor City o(San ~ernardino -*/6/ ;' /{/(__' Harold V6l1kat1rer Assistant Superintendent Human Resources Division ;"/ / Date: .'.1 ,'. ;'-. , Date: ' i i .' ; ":( 3 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "0" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us oM August 22, 2002 Mr. David S. Bail Assistant Superintendent San Bernardino City Unified School District 777 N. F Street San Bernardino, CA 92410 Dear Mr. Bail, At the Mayor and Common Council meeting of August 19, 2002, the City of San Bernardino adopted Resolution 2002-274 - Resolution authorizing the Mayor 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. Enclosed is one (I) original agreement. Please sign in the appropriate location and return the executed agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 120 days, or by December 17, 2002. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, \. ~../ I:". 1- /:,.( / l.. '" ~.~ Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO AlloPTvn SH,\RFn VALUES: Intee-ritv. Accountabilitv. Respecl fur Human Dignity. Honesty OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan-bernardino.ca.us 'M December 4, 2002 Mr. David S. Bail Asst. Superintendent of Business Services 777 North "F" Street San Bernardino, CA 92410 RE: School Crossing Guard Program Dear Mr. Bail, At the Mayor and Common Council meeting of August 19, 2002, the City of San Bernardino adopted Resolution 2002-274 - Resolution authorizing the Mayor 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. On August 22, 2002, one (I) original agreement was sent to you for signatures, with the request that the executed original be returned to my attention. If the agreement has been signed, please return it to the City Clerk's Office, Atto: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402. Please be advised that the resolution and agreement will be null and void if not executed and returned to the City Clerk's Office by December 17,2002. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you, c/Jte-'J!J,- !r(~ Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO A nnDTVn ~ll'" Dun VA.l' TIVC'. Tntt>nritu _ A........nnnt'3hilitu. Dp.j;!npl't f",t' Ul1n"1'ln T\innit". Unnpctu UNIFIED SCHOOL DISTRICT RECEIVED-eliY CLERK Arturo Delgado, Ed.D. Superintendent Dag!f se~~W1Superintendent, Business SelVices December 5, 2002 Michelle Taylor City of San Bernardino Office Of The City Clerk 300 North "D" Street San Bernardino, CA 92418 Dear Ms. Taylor: Please find enclosed the signed ORIGINAL of the Services Agreement Extending Crossing Guards. We have retained a copy for our own records. If you have any questions, please do not hesitate to contact me at the address below. As always, we look forward to working with you. Sincerely, ( b~~~~~ Assistant Purchasing Service Director Enclosure (1) BUSINESS SERVICES DIVISION 777 North F Street. San Bernardino, CA 92410. (909) 381-1126. Fax (909) 381-0989 , . . .' . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): %-i9-0,:L Item # '9 Resolution # Vote: Ayes d'l") Nays.-fT Abstain ~ :Joc;) - d f") Lf.- Absent -1 Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: ~ O:J../ G3 Note on Resolution of Attachment stored separately: --=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NuIlNoid After: 120 OP.-tJ J I::> -(/-0 J , By: Date Sent to Mayor: 11 - .?O--O..? Date of Mayor's Signature: <;('-01l-0:;l- Date of ClerklCDC Signature: ~- 'd-J -0:> Reso. Log Updated: V Seal Impressed: v/ Date Memo/Letter Sent for Signature: .6lrl5ay Reminder Letter Sent on 3lkIIllay: 90 Day Reminder Letter Sent on 45th day: ~- ;;>';;>-Q;)- 1'2. --(-Or- See Attached:~ Date Returned: r;:)-'i-o;;r See Attached:/," See Attached: Request for Council Action & Staff Report Attached: Yes V Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985. 8234, 655, 92-389): Yes No No No---L No r No/ By ,/ By By By By Copies Distributed to: City Attorney V Parks & Rec. Code Compliance Dev. Services Police /' Public Services Water EDA Finance ,/ MIS Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: 1>/116A , Revised 01112/01