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HomeMy WebLinkAbout20-Police : CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zinunon, Chief of Police Date: P,bru..y 25, 2004 OR \ G \Nt>. t 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 Synopsis of Previous Council Action Resolution #2001-5, adopted 1-10-01, School Crossing Guard Program. Resolution #2001-278, adopted 9-4-01, School Crossing Guard Program. Resolution #2001-274, adopted 8-21-02, School Crossing Guard Program. Recommended Motion: Adopt Resolution ~/Liib 1m. GARRElTW. ZIMMON, F OF POLICE Contact person: Sergeant K. Prostler Phone: 384-5738 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $300,000 Source: . 001-217-5014 Council Notes: Finance Age :WJO Lf!/q joy : 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 Services Agreement expired June 30, 2003. 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 03/04 adopted budget includes $300,000 for the operation of the Crossing Guard Program for FY 2003/04. 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 2003/04. The $150,000 reimbursement from the school district has already been included in the FY 03-04 budget as a revenue. RECOMMENDATION Adopt resolution. 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 prior agreement between the two parties expired June 30, 2003, Program costs for FY 2003/04 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 2003/04 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 if it is not issued within sixty (60) days of the passage of this resolution. III III III III III III III III : 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 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 Conunon Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote, to wit: Council Members ~ ~ Abstain Absent ESTRADA LONGVILLE McGINNIS DERRY KELLEY JOHNSON McCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2004. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney BY: Contra..No: 03/04-715-0223JS- REVISED ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, CA 92410 CROSSING GUARDS SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 11th day of November 2003, 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 the "CITY" having a principal place of business at 710 N. "D" Street, San Bernardino, California 9240 I. R E C I TAL S: WHEREAS, the DISTRICT is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special services and advice in fmancial, economic, accounting, engineering, legal, or administrative matters, if such persons are specially trained and experienced and competent to perform the special services required; and, WHEREAS, the CITY itself is, or those hired by the CITY are, specially trained, experienced and competent to render the special services required by the DISTRICT, and such services are needed on a limited basis; NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: 1. TERM OF AGREEMENT A. This Agreement shall be for a period beginning Julv 3. 2003 through June 30. 2004. B. Upon a showing of good and sufficient cause by the CITY, the DISTRICT may at its discretion, grant such extensions of time as it may deem advisable in which the CITY may accomplish the results required hereunder; provided, however, the DISTRICT shall not be obligated to pay the CITY any additional consideration if such an extension of time has been granted. II. RESULTS TO BE ACHIEVED BY AND RESPONSIBILITIES OF THE CITY A. The CITY will train, schedule, provide and supervise personnel in accordance with this Agreement and the rules and regulations of the State of California. B. 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. C. The CITY will provide Crossing guards at the designated locations, hours and days that the designated DISTRICT is in session. D. The CITY will provide Crossing guards with identification and appropriate designation on crossing guard apparel. The CITY will insure that while crossing guards are on duty they will wear crossing guard apparel at all times. E. The CITY will report to the DISTRICT's Human Resources Department or the appropriate school site whenever a crossing guard will not be present at any assigned location. ,,' Crossing Guards Services Agreement: City of San Bernardino Police Department-Crossing Guards Page 1 of? Contrm:t No: 03104-71 5-0223J5 - REVISED F. 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. G. The CITY's services will be provided on an as-needed basis to accomplish the results required under this Agreement. H. 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. I. The CITY shall provide its services at such times as the CITY itself determine within the scope of the results to be achieved. If the CITY is a regular employee of a public agency (any governmental agency or agent supported by public tax dollars), all services which the CITY renders under this Agreement will be performed at times other than the CITY's regular assigned workday for said entity, or during periods of vacation or leave of absence from said entity, in order that the CITY shall not receive double compensation from public tax dollars for its time. J. The CITY shall provide all of its own supplies, equipment, and facilities as may be necessary within the scope of the results to be achieved. K. 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. L. The CITY understands that, the CITY is not an employee of the DISTRICT and agrees that neither it nor its employees will purport to be or represent itself as DISTRICT employees, officers, or agents. The CITY agrees that it will not act as nor perform in the capacity of a DISTRICT employee. The CITY further agrees that it will specifically explain its independent contractor, non-employee status to those it contacts (including DISTRICT employees and non-DISTRICT employees), as a result of its work hereunder, in order to prevent any misconception on the part of third parties that the CITY is an employee or representative of the DISTRICT. M. The CITY agrees to conduct and certify to the DISTRICT's governing board that it has completed any background check requirements of Education Code Sections 45122.1 and 45125.1 and has returned the Contraction Certification form in advance of providing any contracted services described herein with the DISTRICT. Any expenses incurred to implement this requirement will be the sole responsibility of the CITY. III. INFORMA nON PROVIDED BY 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. The CITY understands that all information provided to the CITY is the property of the DISTRICT and shall not be removed from the DISTRICT's possession. Failure to keep such information confidential and/or failure to return information requested by the DISTRICT is reasonable cause for termination of this Agreement and may subject the CITY to liability for damages to the DISTRICT.a Crossing Guards Services Agreement: City of San Bernardino Police Department-Crossing Guards Page 2 of7 . Contract No: 03/04-715-0223)S - REVISED IV. NOTICES: All notices and documents required pursuant to the terms hereof shall be in writing and may be delivered in person or by certified or registered mail, postage paid, as follows: DISTRICT CITY San Bernardino City Unified School District Sylvia Beer, Purchasing Services Director 777 North "F" Street San Bernardino, California 92410 (909) 381-1127 Julie Jenson City of San Bernardino Police Dept 710 N. "D" Street San Bernardino, CA 92401 (909) 384-5694 If mailed, notices shall be effective as of the date of the postmark on receipt by addressee. If delivered by hand, the effective date shall be the date of receipt of addressee. V. CITY'S FEE AND PAYMENT THEREOF A. The DISTRICT agrees to compensate the CITY for services rendered to accomplish the results required hereunder, in a total amount not to exceed $150,00.00 (one hundred fifty thousand dollars and no cents). The CITY shall present an invoice to the DISTRICT for services rendered, invoices shall be submitted on a monthly basis at a rate of $6.75 (six dollars and seventy five cents) per hour. Each invoice shall include only services, which have been performed. The DISTRICT shall not owe any fee for services contemplated hereunder but not performed. The DISTRICT shall make payment to the CITY after the receipt and approval of the invoice(s). 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. D. The CITY is aware that under California law, no disability or unemployment insurance will be deducted from payments made to CITY or paid by the DISTRICT out of DISTRICT funds. CITY further recognizes that CITY cannot claim unemployment benefits after services have been completed. E. If the CITY is receiving any type of retirement benefits, such as those from Public Employee's Retirement System (PERS) or other retirement plan, or Social Security, or other similar benefits, the DISTRICT and the CITY are both aware that continuance of said benefit amount, is or may be subject to certain limits on current annual income from public schools and/or other sources in order to maintain full benefits. The CITY understands and acknowledges that it has full responsibility for being aware of any limits and monitoring and not accepting or contracting to accept income in excess of said limits. Furthermore, the CITY specifically agrees to indemnify, defend, and hold harmless (as defined in Section VIII) the DISTRICT, from any liability or damages resulting from receipt of monies paid under this agreement, which adversely affect the CITY's own retirement benefits. Crossing Guards Services Agreement: City of San Bernardino Police Department-Crossing Guards pagc3 of7 Contract No' 03104-715-02231S - REVISED VI. INVOICES All invoices will be audited and approved by the following DISTRICT department: Administrative Support 777 North "F" Street San Bernardino, California 9241 0 The Agreement number on the upper left side of this page should always be referenced in any correspondence or invoices pertaining to this Agreement to the DISTRICT. The invoice shall describe in detail the services rendered and must include the CITY's Social Security or Federal Tax I.D. Number. The DISTRICT shall make payment to the CITY after receipt and approval of the invoice(s). VII. TERMINA nON AND CANCELLA nON FOR NON-PERFORMANCE OR NON-COMPLIANCE OF CITY A. If, at any time during the performance of this Agreement, the DISTRICT determines, at the DISTRICT's sole discretion, that the CITY's services are not achieving the results required hereunder, the DISTRICT shall be obligated to pay the CITY only for that portion, if any, of the results achieved. B. Non-compliance by the CITY with the terms of this Agreement shall be cause for suspension and/or termination by the DISTRICT. The DISTRICT shall provide written notice to the CITY including the reasons for suspension or termination under this provision. If the Agreement is suspended, the CITY shall have five (5) business days to cure the condition( s) for which the suspension was given or the Agreement will be terminated. C. Either party may terminate this Agreement with a thirty (30) day written notice. VIII. HOLD HARMLESS The CITY hereby agrees to indemnify, defend, and hold harmless the DISTRICT and its departments, agents, officers, and employees from any and all claims or amounts which the DISTRICT 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 and caused by any negligent error, omission, or act of the CITY or of any person employed by the CITY or of any others for whose acts the CITY is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. IX. SPECIAL PROVISIONS A. INSURANCE REOUlREMENTS: I. During the entire term of this Agreement and any extension or modification thereof, the CITY shall keep in effect a policy or policies, with an insurer satisfactory to the DISTRICT, to the following requirements: a. Comprehensive General Liability Insurance with combined single limits for bodily injury and property damage of at least $1,000,000.00 per occurrence; and Crossing Guards Services Agreement: City of San Bernardino Police Department-Crossing Guards Page 4 of7 Contract No: 03104-715-0223IS REVISED b. Worker's Compensation Insurance or State approved Self Insurance in an amount and form to meet all applicable requirements of tbe Labor Code of the State of California, covering all persons providing services on behalf of the CITY under tbis Agreement and at all risks to such persons. 2. No later than ten (10) calendar days aftertbe date oftbe execution oftbis Agreement, and prior to commencement of any work hereunder, tbe CITY shall provide to tbe DISTRICT satisfactory evidence of insurance confirming the above-specified coverages, including a provision for thirty (30) calendar days written notice to tbe DISTRICT prior to cancellation or material change can be affected to said insurance. 3. The CITY shall comply witb all applicable federal, state and local laws, rules, regulations, and ordinances, including but not limited to workers compensation insurance laws. The CITY understands tbat DISTRICT's insurance does not cover CITY. The CITY shall procure and maintain for all periods during which CITY is performing any portion of the work, insurance policies or self-insurance, workers compensation insurance coverage for its employees who provide services hereunder, and insurance coverage for any and all claims for damages, injury, deatb or liability it may sustain or impose on others includingtbe DISTRICT. 4. The DISTRICT understands that tbe CITY may use independent contractors, volunteers, or otbers not covered by tbe CITY's workers compensation insurance coverage, to provide services hereunder. The CITY shall advise such persons providing services hereunder at tbe direction of tbe CITY tbat the DISTRICT does not provide workers compensation insurance and the CITY shall hold tbe DISTRICT harmless from any and all claims for damages tbat may be asserted by such persons. B. ASSIGNMENT The CITY shall not in any manner, directly or indirectly, by operation of law or otherwise, assign, transfer or encumber tbis Agreement or any portion hereof of any interest herein, in whole or in part, witbout tbe prior written consent of tbe DISTRICT. If consent is not given by the DISTRICT to assign, transfer, or encumber tbis Agreement, such action shall be deemed automatically void. This Agreement shall not be assignable except with tbe mutual written consent of the parties hereto. C. MODIFICATION This Agreement may be amended by the mutual written consent of tbe parties hereto. If any actual or physical deletions or changes appear on tbe face of the Agreement, such deletions or changes shall only be effective if the initials of both contracting parties appear beside such deletion or change. D. WAIVER AND SEVERABILITY CLAUSE One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver or any other term, condition or covenant. If any provision of tbis Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement shall be severable and remain in effect. .," Page 5 of7 Crossing Guards Services Agreement: City orSan Bernardino Police Department-Crossing Guards .' Contract No: 03104-715-o223JS - REVISED X. DISTRICT AND PUBLIC POLICIES A. By signing this agreement the CITY acknowledges receipt and acceptance of the following DISTRICT policies: I. Smoking and Use of Tobacco at District Facilities Policy (No. 3520a-b). 2. Affirmative Action Program for Equal Employment Opportunity Policy (No. 4136Ia-c). 3. Nondiscriminatory Harassment Policy (No. 4136.1 a-c). 4. Drug-Free Workplace Policy (No. 4205). B. All parties agree that the CITY shall abide by the same terms and conditions of conduct as is expected of DISTRICT employees in each of these policies, without the implication of employment. It is further understood that failure to abide by these policies may result in immediate termination of this agreement and, in addition, may result in other personal legal avenues of remedy on the part of the individuals involved. While it is acknowledged that these policies specifically address employees of the DISTRICT, it is understood that the CITY is not an employee of the DISTRICT. C. 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: 1. Title VI and VII of the Civil Ril!hts Act of 1964. as amended (Pertaining to race, color, national origin, and religion); 2. Title IX of the Education Amendments of 1972 (Pertaining to sex discrimination); 3. Section 504 of the Rehabilitation Act of 1973 (Pertaining to handicap); 4. The Age Discrimination Act of 1975 (Pertaining to age); 5. The Fair Emolovment and Housing Act (Pertaining to ancestry, race, national origin, color, sex, religion, physical or mental disability, medical condition, marital status, and age over 40); 6. The Americans with Disabilities Act of 1990 (Pertaining to disability) It is the responsibility of the CITY to ensure that those employed by or subcontracted by the CITY also adheres to DISTRICT and Public Policies. These non-discrimination policies cover admission and access to, and treatment and employment in, the DISTRICT's programs and activities. Xl. LAWS A. GOVERNING LAW This Agreement is governed by and construed in accordance with the laws of the State of California. ~ Crossing Guards Services Agreement: City of San Bernardino Police Department-Crossing Guards Page 6 of? Contract No: 03/04-715-02231S - REVISED B. LAWS AND REGULATIONS The CITY shall conform to all applicable Federal, State, County, and City laws, rules, ordinances, codes and regulations covering this work. It is the CITY's total responsibility to determine specific details of such requirements and warrant that all work performed as part of this Agreement totally conforms to such requirements. C. PROVISIONS OF LAW INSERTION Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction. D. CONFLICT WITH EXISTING LAW The CITY and the District agree that if any provision of this Agreement is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the Agreement shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly inform the other of the presumed no-applicability of such provision. Should the offending provision go the heart of the Agreement, the Agreement shall be terminated in a manner commensurate with the interests of both parties, to the maximum extent reasonable. XII. COMPLETE AGREEMENT This document represents the entire agreement and understanding between the DISTRICT and CITY. The terms of this Agreement will prevail over any different or additional terms in any other agreement. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. /~ CITY OF SAN BERNARDINO JUDITH V ALLES, Mayor City of San Bernardino Date: Date: JAN 29 2004 Crossing Guards Services Agreement: City of San Bernardino Police Department-Crossing Guards Page7of7 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 services: REQUIREMENTS MET A) 0 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). no 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.) CJ The CONTRACTOR and its employees will have LIMITED CONTACT with pupils. (Attach information aboutlen9th of time on school grounds. proximity of work area to pupil araas, whether CONTRACTOR/its emplcyees 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(1) OR MORE of the following methods are utilized to ensure pupil safety. [EC 45125.2(a)] _ Check all methods to be used: o ') 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" [EC 45125.1(b)] CERTIFICATION I WAIVER REQUEST BY CONTRACTOR AUTHORIZED AGENT: Signature Title Date BOTH APPROVALS BELOW ARE REQUIRED: WAIVER REQUEST: APPROVED- DENIED-.. Office use only ~ ~ Mohammad Z. Islam, Assistant Superintendent Business Services Division OR other Authorized Agent WAIVER REQUEST: APPROVED-- DENIED--. ~ ~ Harold Vollkommer. Assistant Superintendent. Human Resources Division OR other Authorized Agent Revised 8/13103 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 tl1at Income from business will be reported under) Resident of California(Check one) YES NO PARTNERSHI" Name of Partnership Federal Identification Number Resident of California(Check one) 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 Department or Unit, if applicable Federal Identification Number Why Are You Tax Exempt? I hereby certify under penalty of perjury that the information provided on this document is true and correct. Signature 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 Altn: Peace Aneke, Contract Analvst W.9FQRM