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HomeMy WebLinkAbout2012-007 (IMPORTANT NOTE: NOT EXECUTED-OTHER PARTY DECLINED TO SIGN) 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 III 27 III 28 RESOLUTION NO. 2012-7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO THE SAN MANUEL POLICING DISTRICT AGREEMENT WHEREAS, ON August 16, 2010, by Resolution No. 2010-278, the Mayor and Common Council entered into an agreement with the San Manuel Band of Mission Indians ("SMBMI") known as the San Manuel Policing District Services Agreement ("the Agreement"); and, WHEREAS, under the Agreement, San Bernardino Police Department shall provide and 5MBMI shall fund school crossing guards at the intersections of Lynwood Drive and Victoria Avenue and Lynwood Drive and Belvedere Avenue; and, WHEREAS, the City has determined that it is in the interest of all parties to utilize the crossing guard services provided by All City Management Services; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The City Manager is hereby authorized and directed to execute Amendment No. 2 to the 5MBMI Agreement, a copy of which is attached hereto as Exhibit , A,' and incorporated herein by this reference. SECTION 2: The implementation date of Amendment No.2 to the Agreement is July 1,2011; therefore, any action taken between July 1,2011, and the date that this Resolution is adopted is hereby ratified. SECTION 3: The authorization to execute the above referenced Amendment IS rescinded if it is not executed within sixty (60) days of the passage of this Resolution. 1 2 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2012-7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO THE SAN MANUEL POLICING DISTRICT AGREEMENT Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 9th day of January , 2012, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x - JENKINS x BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK x The foregoing Resolution is hereby approved this RtvtM Jj ,fiUtdL-. hg~~~~;;Ut-l < Rachel G. Clark, CMC, ity Clerk /155/g rt {' rht c ~tL ll~ day of January ,2012. ~ atri k J. Morris, r Cl of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: L t~ C 2012-7 AMENDMENT NO.2 TO THE SAN MANUEL POLICING DISTRICT SERVICES (f0 AGREEMENT BETWEEN THE SAN MANUEL BAND OF MISSION INDIANS ,\ \ '-/" AND THE CITY OF SAN BERNARDINO <::/ r;~~.\ ~~/'7 'I ,,( I _....,j) , f'-'''- U LJ This Agreement is made and entered into in San Bernardino, California, by and between the San Manuel Band of Mission Indians, a federally recognized Indian tribe having an address at 26569 Community Center Drive, Highland, California ("SMBMI"), and the City of San Bernardino, having an address at 300 North "0" Street, San Bernardino, California ("City"). WHEREAS, the parties entered into the San Manuel Policing District Agreement (the "Agreement"), which was approved by the Mayor and Common Council on August 16, 2010, and became effective on July 1, 2011; and, WHEREAS, the Agreement requires the San Bernardino Police Department to provide school crossing guard services at the intersections of Lynwood Drive and Victoria Avenue and Lynwood Drive and Belvedere Avenue for Belvedere Elementary School; and, WHEREAS, the parties agree that the crossing guard services can be more effectively provided by a ._--~---------_._- ,. - -----------------...-.-- third party, All City Management Services; THE PARTIES AGREE AS FOllOWS: 1. Paragraph 4, subparagraph E, is hereby amended to read as follows: E. SBPD shall provide school crossing guards at the intersections of Lynwood Drive and Victoria Avenue and Lynwood Drive and Belvedere Avenue, Monday through Friday, from the hours of 7 a.m. to 9 a.m. and 2 p.m. through 5 p.m., on all days on which school is in session. SBPD shall contract with All City Management Services to provide said crossing guard services. 2. All remaining terms of the Agreement shall continue in full force and effect. Dated: Dated: San Manuel Band of Mission Indians City of San Bernardino James Ramos, Chairman Charles McNeely, City Manager Approved as to form: Special Counsel City of San Bernardino