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HomeMy WebLinkAbout2004-1491 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 211 231 25 26 27 28 RESOLUTION NO. 2004-149 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 I be $300,000. SECTION 2: Pursuant to this determination, the Mayor of San Bernardino is hereby I authorized and directed to execute a Services Agreement for FY 2003/04 with the San Bernardino City Unified School District renewing the terms and conditions of the new I 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 SECTION 3: The authorization to execute the above referenced Services Agreement is rescinded if it is not issued within sixty (60) days of the passage of this resolution. 2004-149 1 2 3 4 5 6 7 8 9 11 12 13 14 15 1 1 211 25 26 27 28 RESOLUTION OF THE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 j t. reg. meeting thereof, held on the 7 th day of June , 2004, by the following vote, to wit: Council Members Ayes Nays Abstain ESTRADA X LONGVILLE % McGINNIS % DERRY % KELLEY x JOHNSON x McCAMMACK x City Clerk Absent The foregoing resolution is hereby approved this 9,1k day of I June 12004. Wen ammack, Mayor Pro Tern City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney BY: v PP�jaI OG�SPI 2004-149 O nK (G' Contract No: 03/04-715-0223 JS/POA REVISED Jt A �.�. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, CA 92410 CROSSING GUARDS SERVICE AGREEMENT DEPUTY SUPERINTENDENT'S 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. I. TERM OF AGREEMENT A. This Agreement is effective beginning July 1, 2003, and continuing through June 30, 2004. The school year is from July 1 to June 30 of each succeeding year. II. CITY'S SCOPE OF WORK A. The CITY's Police Department shall provide crossing guards for children attending schools within the DISTRICT. B. The CITY will train, schedule, provide and supervise personnel in accordance with this Agreement and the rules and regulations of the State of California. C. 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. D. 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 DCISTRICT are in session. E. Crossing guards are employees of the CITY and it shall be their responsibility of the CITY 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 CITY to report to the School and the DISTRICT Human Resources Department whenever a crossing guard will not be present at any assigned location. G. 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 and shall return the City of San Bernardino Police Department: Crossing Guards Page I of 4 2004-149 Contract Nn: 03/04-715-02231S/POA REVISED DISTRICT's Contractor Certification form stating that this requirement has been met. III. GENERAL RESPONSIBILITIES 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 CITY's independent calling and not as an employee of the DISTRICT. D. The CITY shall provide all of its own supplies and equipment as may be necessary within the scope of the results to be achieved. E. The CITY 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. RESPONSIBILITIES 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. CITY'S FEE AND PAYMENT THEREOF A. In accordance with the negotiation with the CITY, the DISTRICT agrees to compensate the CITY 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 CITY"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 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 Page 2 of 4 2004-149 Contract Na: 03/04-715-0223 ]S/POA REVISED and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. B. DISTRICT 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 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 CITY and/or DISTRICT shall indemnify the other to the extent of its comparative fault. 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 DISTRICT. 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 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. VIII. 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 CITY'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 Page 3 of 4 2004-149 Contract No: 03/04-715-0223 JS/POA REVISED IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO A, Wendy l(,6eammaek, Mayor Pro Tem City of San Bernardino Date: ('Icllby SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT MTHAMMAD Z. ISLAM Assistant Superintendent Business Services Division Date: JUN City of San Bernardino Police Department Crossing Guards Page 4 of 4 2004-149 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 April 14, 2004 City of San Ber Crossing Guards between the San Bernardino City Unified services: REQUIREMENTS MET A) ❑ The CONTRACTOR hereby certifies to the DISTRICT's 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). --O 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) ❑ 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. The CONTRACTOR and its employees will have NO CONTACT with pupils. (No school -site services will be provided.) r—i The CONTRACTOR and its employees 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 emplcyees will be working by themselves or with others, and any other factors that substantiate limited contact.) [EC 45125.1(c)] �! The CONTRACTOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupils but will assure that ONE(1) OR MORE of the following methods are utilized to ensure pupil safety. [EC 45125.2(a)] -- Check all methods to be used: ❑ 1) Installation of a physical barrier at the worksite to limit contact with pupils ❑ 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 OOJ ❑ 3) Surveillance of employees of the CONTRACTOR by school personnel '❑ 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" (EC 45125.1(b)I CERTIFICAT I WAIVER REQUEST E i // / / e Sigrature BO APP VALS BELOW ARE RE( Office At /ER REQUEST: use only BY Mohammad Z Islam, Assistant WAIVER REQUEST: F '. HORIZED AGENT Mayor June 30, 2004 Title Date NED-- DENIED --- Date ness Services Division OR other Authorized Agent WED ---I I DENIED --- Date Human Resources Division OR other Authorized Harold Rev,sed 3; 13/03 Assistant 2004-149 xr Customer Name and Address 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 I SSN (Use number that income from business volt be reportea under) Resident of California(Check one) r YES E� NO PARTNERSHII Name of Partnership Federal Identification Number Resident of California(Check one) YES E — 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 I—J NO C� TAX EXEMPT ORGAN IZATIONIENTITY Name of Organization or Entity CITY OF SAN BERNARDINO Department or Unit, if applicable Federal Identification Number FINANCE 95-6000772 Why Are You Tax Exempt? GOVERNMENT I here certify u at y of perjury that the information provided on this document is true and correct. !1 ACCTG MGR Signature Title 6/28/04 909-384-5242 Date Tel No. i Failure to furnish correct information and return this form will subject our payment(s) to you to 31% backup withholding per IRS regulations. Return this Form ;o SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North 'F' Street San Bernardino, CA 92410-3017 Attn: Peace Aneke, Contract Anal st ..aFoer.l 2004-149 Linnea Livingston Director, Human Resources City of San Bernardino Human Rasources! Risk Management Division 300 N. 'D' Street San Bernardino, CA 92418 CERTIFICATE OF INSURANCE OR SELF-INSURANCE Fred Wilson City Administrator In the event of cancellation of the self-insurance programs or policies designated below, it is the intent of the City of San Bernardino to mail 30 days' prior notice therecf to: Peace 0. Aneke, Contract Analyst Purchasing/Contract Department San Bernardino City Unified School District 777 N. 'F' Street San Bernardino, Ca 92410 The Cityof San Bernardino certifiesthat the fol lowing self-insurance hi o=iranu 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 District. This Agreement is effective from July 1, 2003 through June 30, 2004. COMPANY AND POLICY _ LIMITS OF LIABILITY TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injury Properly Damage Comprehensive General Liability Self -insured indefwae 57,000,000 Combined Single Limits Incl. Auto Liability Excess Comprehensive General Liability Incl. Auto Liability Workers Compensation se8-insured indefinite tatutory no coverage T H E R This certificate is not valid unless countersigned by an authorized representative of the Cit,, of San Bernardino, Risk Management Division. cc: June 28, 2004 Date Linnea Livingston Director of Human Resources City of San Bernardino91d i.Cl7/3` Authorized Representative v sivnetuu For information regarding the above self-insurance policies, please contact Risk Management Division at (9C9) 384-6308. (a7/03)