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HomeMy WebLinkAbout21-Police Department .' '. , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael Billdt, Asst. 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 Date: July 10, 2001 C ,-~ fe,' I';' ~ L Synopsis of Previous Council Action Resolution #2001-5, adopted 1-10-01. Recommended Motion: Adopt Resolution r-IJfwIJ~ MICHAEL BILLDT, ASST. CHIEF OF POLICE Contact person: Lieutenant 1. Neigel Phone: 384-5604 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $288,400 Source: 001-217-5014 Council Notes: Finance d~().Jd 'L(J:')\- 2,'6 Ag( 11 :J. / q/'i/~/ doMlM '. . '. . ',' . 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 financial costs of operating the program. The most recent two-year Services Agreement expired June 30, 2001. 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 01/02 adopted budget includes $288,400 for the operation of the crossing guard program for FY 2001102. 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 $144,200 for FY 2001102. The $144,200 reimbursement from the school district has already been included in the FY 01-02 budget as a revenue. RECOMMENDATION Adopt resolution. (" ... , / City of San Bernardino San Bernardino Police Department Interoffice Memorandum - To: Mayor and Common Council Subject: Lieutenant L. Neigel, Executive Officer - Patrol Division ~ Crossing Guard Program Services Agreement From: Date: August 28, 2001 Copies: Problem: The services agreement expired June 30, 2001 between the City of San Bernardino and the San Bernardino City Unified School District and needs to be extended to cover the current year. Recommendation: Adopt the resolution and execute the services agreement. Findiugs: The Board of Education has adopted the amendment and authorized the Assistant Superintendent to sign it on behalf of the District. The program cost is $288,400 for FY 2001/02. The previous Resolution #2001-5 was adopted on January 10, 2001. The school district pays the City for half ofthe cost of the program and the Police Department Traffic Bureau manages the program. . . . ". San Bernardino City Unified School District CERTIFICATION OF MINUTES The Board met in regular session on the 7th day of August 2001, at the usual meeting place thereof. The meeting was called to order at 5:30 p.m. Members present: Brown, Dupre, Marinis, Savage, Tillman, Valdez Members absent: Yeager The adoption of the following resolution and order was moved by Member Savage, seconded by Member Brown, and a vote being taken, the said resolution and order was adopted by the followinf votes of members present at that time. AYES: Brown, Dupre, Marinis, Savage;-Tillman, Valdez NOES: None BE IT RESOLVED that the Board of Education ratifies amending the agreement with the City of San Bernardino to share one-half the costs for the City of San Bernardino's Crossing Guard Program. This amendment will extend the term of the agreement to June 30, 2002, and allow expenditures for the 2001-2002 District's share of the costs, not to exceed $144,200.00, to be paid from Account No. 189B. BE IT FURTHER RESOLVED that the Board authorizes David S. Bail, Assistant Superintendent, Business Services Division, to sign said agreement. r'~ I, MARY BETH GOSNELL, Assistant Secretary of the Governing Board of the San Bernardino City Unified School District hereby certify that the foregoing is a true and correct copy of a resolution duly made, adopted, and entered in the Board minutes of the Governing Board of the San Bernardino City Unified School District on the 7th day of August 2001. Dated: August 8, 2001 ,1 '~. j) /fl-L'j 'ti,<< ..' Iud As~istan Secretary of the Board of Education Agenda Item 8.29 \ ."" . . . (f; ~ ~~.7 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 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, 2001, Program costs for FY 2001102 will be $288,400. SECTION 2: Pursuant to this determination, the Mayor of San Bernardino is hereby authorized and directed to execute a Services Agreement for FY 2001102 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 sixty (60) days of the passage of this resolution. III III III III III III III 1/1 fl7>, ,.t! 9/1/6/ , . . 1 2 3 .. 5 6 7 8 9 10 11 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 thereof, held on the day of ,2001, by the following vote, to wit: Council Members ~ Abstain Absent ~ ESTRADA LIEN 12 McGINNIS 13 SCHNETZ 14 15 16 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of 21 . . 22 23 24 25 26 27 28 SUAREZ ANDERSON McCAMMACK , 2001. Judith Valles,Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney I~ . . . Amendment No.2 to the 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 the parties to a Crossing Guard Services Agreement, a copy of which is attached. The original agreement expired June 30, 2001. The parties hereby extend the attached Agreement through June 30, 2002. The District's share of the costs is not to exceed $144,200.00 for the 2001 - 2002 school year. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT l~,(#/ m- JUDITH V ALLES, Mayor City of San Bernardino Harold Vollkommer, Assistant Superintendent Human Resources Division Date: Date: r/v/I?/ . '. . . . ~ r: .. . 2000-206 . . CROSSING GUARDS SERVICES AGRr.r.MENT This agreement is entered into on .\ ~ U . 2000 between the CITY OF SAN BERNARDINO, a nwnicipal corporation ("C ) and the SAN BERNARDINO CITY UNI.!' ltID SCHOOL DISTRICT ("SBCUSD"). . The CITY's police department shaII 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 ofS130,200 per school year. The school year is from July I 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 I. The CITY will train, schedule, provide and supervise personnel in accordance with . this Agreement and the rules and regulations' of the State of California. _ 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. S. 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 ~4S122.1. SBCUSD's Dutiq I. The SBCUSD agrees to compensate the CITY for services rendered to accomplish the results required hereunder, not to exceed S130,2oo.oo per school year. The invoice sha11 describe in detail the services rendered and Federal Tax I.D. Number. Payment to the CITY sha11 be made by I \ '. . . . . .. . . . ~'. . . .' 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 federa1 or state income tax deductions from payments made to the CITY under this Agreement. Resooosibilities of the CITY 1. 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 Agreem~t. 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 ofSBCUSD. 4. The CITY shall provide all ofits own supplies and equipment necessary to achieve the results of this Agreement. '- Information Provided bv the SBCUSD The SBCUSDwill 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. 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 danuiges 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 legal1y liable. Said sums shal1 include, in the event oflega1 action, court costs, expenses of litigation, 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 ofits 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 ofpersons. arising out of the performance of the services rendered by the SBCUSD or 2 ~. :.--'. .... , .,-.. . . ", . . ,.. .. . . . 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 6able. Said sums sbaI1 include, in the event of legal action, court costs, expenSes of 6tigation, and reasonable attorney's fees. .The costs, salary and expenses of the City Attorney and members ofbis office in enforcillg this contract on beha1f of the City sha11 be considered as "attorney's fees" for the purposes of this paragraph. SDecial ProV~iODS 1. The CITY sha1l comply with aD applicable federa1, state and loca1laws, rules, regulations, and ordinances, including workers compensation insurance laws. The CITY sbaI1 provide, through insurance po6cies or self-insurance, workers compensation insurance coverage for its employees who provide services hereunder, and insurance coverage or self-insurance for any and aD claims for damages, injury, death or 6ability it may suot..in or impose on others including the SBCUSD. '1 2. The CITY certifies it will not discriminate on the basis of race, Color, national origin, ancestry, sex (including sexua1 harassment), marital status, handicap, disability, medical condition, re6gion, or age in any ofits po6cies, procedures, or practices in compfiance with all app6cable state and federa1laws. " 3. This Agreement sha11 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 aD 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 SANBERNARDINOClTYUNIFJED SCHOOL DISTRICI' ,,/ ,tJ/d,l Ydl'-, ld ollJ<<mner Assistant Superintendent Human ~qrs:es Division Date: tlafNJ es, Mayor an Bernardino 3 ". OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. - CITY CLERK '" P.O. Box 1318. San Bernardino. CA 92402 300 North "D" Slreet. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us September 7. 2001 Harold Vollkommer Assistant Superintendent San Bernardino City Unified School District 777 N. F Street San Bernardino. CA 92410 Dear Mr. Vollkommer, Enclosed is Amendment No.2 to the Crossing Guards Services Agreement, which was executed on September 6. 200 I. I am forwarding this agreement to you for your files. If you have any questions. please call me at (909)384-5002. Sincerely, /):rl.(~/'~t { / !,,, !'0'1 Michelle Taylor Senior Secretary Enclosure cc: Lt. Larry Neigel. San Bernardino Police Department CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty L___ . .. .', . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 3 -4-0 \ Item # Vote: Ayes l-'J Nays-e- Change to motion to amend original documents: Z\ Resolution # ZN:J I - Zt1? Abstain -e-- Absent -e-- Reso. # On Attachments: ./ Contract term:- NullNoidAfter: ("C D/l.'is.111-S-O I , Note on Resolution of Attachment stored separately:-=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: 9 - s -0 \ Date of Mayor's Signature: <:1--(.,-<>\ Date of ClerklCDC Signature: q - (,,-n \ Reso. Log Updated: Seal Impressed: ./ V" Date MemolLetter e Signature: 60 Day Reminder Letter Sent on 3 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Date Returned: ......... Request for Council Action & Staff Report Attached: Yes L 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 By No./ By No ./ By No V By No 7"" By Copies Distributed to: City Attorney /' Parks & Rec. Code Compliance Dev. Services EDA Finance v MIS Police V" Public Services Water 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: q-(,-O I Revised 01/12/01