HomeMy WebLinkAbout21-Police Department
OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACfION
From: Michael A Billdt, Ollef of Police
Subject: Resolution by the Mayor and
Common Council to enter into a contract for
Gossing Guard Semces with All Oty
Management SeIVices for a crossing guard
position at Victoria ElementatySchool
(Redlands Unified School District) and to
enter into an Agreement with the Redlands
Unified School District to equally share the
cost of this crossing guard semce.
Meeting Date: January 8,2008
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Dept: Police Department
Date: January 3,2008
Synopsis of Previous Council Action
None
Recommended Motion:
1.
2.
Adopt Resolutions
Authorize the Director of Finance to amend the FY 2007-08 budget, increase the Police
Department budget and transfer $5,500.00 from Account 001-217-5014 (part Tune Salaries)
to 001-217-5505 (Other Professional Semces). Additionally, to increase the General Fund
revenue account 001-000-4740 (Misc. Police D~!.;J;:,O.oo.
MICHAEL A BILLDT, GllEF OF POUCE
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Contact person:
SergeantJ. Burguan
384-5738
Supporting data attached: Yes
Ward: 1
FUNDING REQUIREMENTS:
Amount: $2,750.00
Source: 001-217-5505 Other Professional
Services
Council Notes:
Finance
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Agenda Item No. ;) I
l?epla~e;ne"f Ilje.s
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OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION
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STAFF REPORT
SUBJECT
Resolution by the Mayor and Common Council to enter into a contract for Crossing Guard
Services with All City Management Services for a crossing guard position at Victoria
Elementary School (Redlands Unified School District) and to enter into an Agreement with the
Redlands Unified School District to equally share the cost ofthis crossing guard services.
BACKGROUND
The Police Department - Traffic Unit currently manages all crossing guards in the City of San
Bernardino for the San Bernardino Unified School District elementary schools (37 positions).
The cost of services is shared between the City of San Bernardino and the San Bernardino
Unified School District (50% each).
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Victoria Elementary School is located at 1505 S. Richardson Avenue in San Bernardino.
Although this school is located within the city limits of San Bernardino it is a Redlands Unified
School District school. Redlands Unified School District requested that a crossing guard be
placed at the school location because of increased traffic and a concern for child safety before
and after school. A survey was conducted by the Traffic Engineering Department during the final
part of the 2006-2007 school year; the results of that study found that the location warranted the
need for a crossing guard at the school.
All City Management Services (ACMS) is a private vendor that provides crossing guard services
for several communities throughout California. This vendor also provides services for other
schools in the Redlands Unified School District. ACMS is fully insured, accepts general liability,
recruits, hires, equips and trains their Crossing Guards. ACMS will handle the day to day
operations of providing a guard at this school location including both supervision and staffmg for
a rate that is very close to what the city is currently paying to manage the program through the
Police Department. The benefit to using ACMS is the better infrastructure in place to substitute
guards when needed for constant staffing, closer supervision and liability protection. ACMS is
the only company that was found in Southern California to provide these specific services.
ACMS has provided a quote to the Police Department to provide one guard position at a rate of
$13.74 per hour at 4 hours per day. This rate is competitive to what the department is paying to
provide these services (not including administrative costs). These positions are sometimes
difficult to fill and even more difficult to maintain a substitution list; therefore, some schools are
at times without an active crossing guard. The use of ACMS would likely alleviate this problem
and they guarantee that they will be able to fill the position at this competitive rate.
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This matter requires that the City of San Bernardino enter into a Memorandum of Understanding
(MOU) with All City Management and with the Redlands Unified School District (separate
MOU's) to provide these services.
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FINANCIAL IMPACT
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The typical school year is 180 days. It is anticipated that the start date for this program will be
January 7, 2008, leaving 100 days of the 2007-2008 school year. The number of days multiplied
by 4 (hours) and again multiplied by $13.74, would be an annual cost of $5,496.00 (rounded to
$5,500.00). This cost would be shared (50%) with the Redlands Unified School District
therefore making the costs $2,750.00 for the remainder of the 2007-2008 school year.
Crossing guard services are normally paid from the Part Time Salaries Account 001-217-5014.
It will be necessary to transfer $5,500.00 from Account 001-217-5014 to account 001-217-5505
-HOther Professional Services to pay the outside vendor. The Redlands Unified School District
will then reimburse the city approximately $2,750.00 for their half of the expenditures in
accordance with the agreement between the City of San Bernardino and Redlands Unified
School District.
RECOMMENDATION
1. Adopt Resolutions
2. Authorize the Director of Finance to amend the FY 2007-08 budget, increase the Police
Department budget and transfer $5,500.00 from account 001-217-5014 (part Time
Salaries) to 001-217-5505 (Other Professional Services). Additionally, to increase the
General Fund revenue account 001-000-4740 (Misc. Police Department Revenue) by
$2,750.00.
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1
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO TO AUTHORIZE EXECUTION OF AN AGREEMENT WITH THE
3 REDLANDS UNIFIED SCHOOL DISTRICT TO SHARE THE COST OF A CROSSING
GUARD AT VICTORIA ELEMENTARY SCHOOL IN THE CITY OF SAN BERNARDINO.
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
7
SECTION 1. The City Manager is hereby authorized and directed to execute an Agreement
8 with the Redlands Unified School District for FY 2007/08 to share the cost of a crossing guard at
9 Victoria Elementary School in the City of San Bernardino, a copy of which is-attached hereto as
10 Exhibit "A," and incorporated herein by this reference.
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SECTION 2. The authorization to execute the above referenced Agreement is rescinded
12 if it is not executed within sixty (60) days of the passage of this Resolution,
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F:\ROTH\R.ESOS\PD Crossing Guard RUSD.wpd /.7.07
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO TO AUTHORIZE EXECUTION OF AN AGREEMENT WITH THE
2 REDLANDS UNIFIED SCHOOL DISTRICT TO SHARE THE COST OF A CROSSING
GUARD AT VICTORIA ELEMENTARY SCHOOL IN THE CITY OF SAN BERNARDINO.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
6
of
, 2008, by the following vote, to wit:
7
COUNCIL MEMBERS: AYES
8
ESTRADA
9
BAXTER
10
BRINKER
11
DERRY
12
KELLEY
13
JOHNSON
14
"- MC CAMMACK
15
16
17
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
18
The foregoing Resolution is hereby approved this _ day of
,2008.
19
20
21
PATRICKJ. MORRIS, Mayor
City of San Bernardino
22
Approved as to form:
23
JAMES F. PENMAN,
24 City Attorney
" B, {1Jrl"" I (jif~
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F:\ROTH\R.ESOS\PD Crossing Guard RUSD.wpd
Exhibit A
CROSSING GUARDS SERVICE AGREEMENT
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This Agreement is made and entered into this day of , 2008, by and
between the Redlands Unified School District, hereinafter referred to as the "District" with its
principal place of business at 20 West Lugonia Avenue, Redlands, California 92373, and City of
San Bernardino - Police Department, hereinafter referred to as "City" having a business address at
710 North D Street, San Bernardino, California 92401.
1. TERM OF AGREEMENT
A. This Agreement is effective beginning January 7, 2008, and continuing through June
30, 2008. The school year is from July I to June 30 of each succeeding year.
ll. CITY'S SCOPE OF WORK - CITY PROVIDED GUARDS
A. rfCity hires crossing guards, the City's Police Department shall provide one crossing
guard for children attending Victoria Elementary School.
B. The Citywill 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.
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D. Crossing guards will be provided by the City at the designated location, at the
designated hours on all days that the designated school in the District is in session.
E. Crossing guards are ernployees of the City and it shall be the responsibility of the
City to provide crossing guards with identification as such, including appropriate
designation on cross 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 described in
Education Code 45122.1 and shall return the District's Contractor Certification form
stating that this requirement has been met.
ill. GENERAL RESPONSffiILITIES OF THE CITY - CITY HIRED CONTRACTOR
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A.
rfCity hires a private contractor to provide services, the City of San Bernardino shall
have administrative oversight over the crossing guard program. The City intends to
provide crossing guard services through the use of a private contractor (All City
Management Services). However, if necessary, the City reserves the right to
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terminate the contract with All City Management Services and either manage the
program itself or hire a different contractor for the crossing guard services.
VI.
RESPONSIBILITIES OF THE DISTRICT
A. 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. The actual costs of the services for the remainder of the 2007-08 calendar year are
estimated to be $5,500.00. 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
$2,750.00. The cost for the crossing guards is an estimated cost of$13.74 per hour,
including benefits, 4 hours per day, 100 school days. Invoices are submitted
quarterly (three months).
B. The District will not withhold federal or state income tax deductions from payments
made to the City under this Agreement.
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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, 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
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1.
The City shall comply with all applicable federal, state and local laws, rules,
regulations, and ordinances, including Worker's Compensation insurance
laws. The City shall provide, through insurance policies or self-insurance,
Worker's Compensation insurance coverage for its employees who provide
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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 Agreement may be amended by the mutual written consent of the
parties.
4.
Either party may terminate this Agreement with a thirty (30) day written
notice. If terminated, the District will pay its share for all services rendered
through the effective day of termination.
Vrn. COMPLETE AGREEMENT
This Agreement represents the entire agreement and understanding between the parties.
Any modifications to this Agreement shall be in writing and signed by authorized
representatives of the parties.
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IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
Dated:
,2008
CITY OF SAN BERNARDINO
Fred Wilson, City Manager
Dated:
,2008
REDLANDS UNIFIED SCHOOL DISTRICT
Vincent Christaken, Assistant Superintendent
Business Services Division
Approved as to Form
JAMES F. PENMAN
City A~l'fey .
By: fU{XIXt&o ;1 M61r;jJ
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO TO AUTHORIZE EXECUTION OF AN AGREEMENT WITH ALL
3 CITY MANAGEMENT SERVICES TO PROVIDE CROSSING GUARD SERVICES AT
VICTORIA ELEMENTARY SCHOOL IN THE CITY OF SAN BERNARDINO.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 . SECTION 1. The City Manager is hereby authorized and directed to execute an Agreement
7 with All City Management Services tp provide a crossing guard at Victoria Elementary School in the
8 City of San Bernardino, at a cost of$5,500.00, a copy of which is attached hereto as Exhibit "A," and
9 incorporated herein by this reference.
10 SECTION 2. The authorization to execute the above referenced Agreement is rescinded
11 if it is not executed within sixty (60) days of the passage of this Resolution.
12 SECTION 3. The Finance Director is authorized to transfer $5,500.00 from the Part-time
13 Salaries Account 001-217-5014 to Other Professional Services Account 001-217-5505.
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F:\ROTH\RESOS\PD Crossing Guard Vcndor.wpd
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO TO AUTHORIZE EXECUTION OF AN AGREEMENT WITH ALL CITY
2 MANAGEMENT SERVICES TO PROVIDE CROSSING GUARD SERVICES AT
VICTORIA ELEMENTARY SCHOOL IN THE CITY OF SAN BERNARDINO.
3
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
7 of
, 2008, by the following vote, to wit:
8 COUNCIL MEMBERS: AYES
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
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15 MC CAMMACK
16
17
18
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2008.
19
20
21
PATRICKJ. MORRIS, Mayor
City of San Bernardino
22
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
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26 By: ~1 ff{:J~ II {kihl0
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F:\ROTH\RESOS\PD Crossing Guard VendoT.wpd
Exhibit A
VENDOR SERVICE AGREEMENT
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This Vendor Service Agreement (hereafter, "Agreement") is entered into this _ day of
, 200_, by and between All City Management Services (hereafter, "Vendor") and the
City of San Bernardino (hereafter, "City").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous and in
the best interest of the City to enter into an Agreement with Vendor for the provision of crossing
guard services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, City hereby engages the services of V endor to provide those
services set forth in Exhibit A attached hereto and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
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a. The City agrees to pay the Vendor for the services rendered pursuant to this
Agreement the sum of thirteen dollars and seventy-four cents ($13.74) per hour of crossing guard
services provided with a four (4) hour minimum billing per site each service day.
b. In the event that this Agreement is extended beyond June 30, 2008, the compensation
for services shall be established by mutual consent of the parties. Said payment shall be made upon
written statement to the City by the Vendor and approval of the appropriate City representative.
3. TERM.
The term of this Agreement shall commence December 3, 2007 and terminate on June 30,
2008, unless previously modified, amended, or cancelled by the written mutual consent of the
parties.
This agreement may be terminated at any time by thirty (30) days written notice by either
party. The terms of this Agreement shall remain in force unless mutually amended. The duration
of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
City agrees to indemnify and hold harmless Vendor, its officers, agents and volunteers from
-- any and all claims, actions, losses, damages and/or liability resulting from City's negligent acts or
\...- omissions arising from the City's performance of its obligations under the Agreement.
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Vendor agrees to indemnify and hold hannless the City, its elected officials, employees,
officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability
resulting from its negligent acts or omissions arising from the performance of its obligations under
the Agreement.
In the event the City and/or Vendor is found to be comparatively at fault for any claim,
action, loss or damage and/or liability which results from their respective obligations under the
Agreement, City and/or Vendor shall indemnify the other to the extent of its comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement, Vendor
shall maintain in effect policies of general liability and automobile liability insurance, in the amount
of$l million combined single limit, and statutory worker's compensation coverage if applicable, and
shall file copies of said policies with the City's Risk Manager prior to undertaking any work under
this Agreement. City shall be set forth as an additional named insured in each policy of insurance
provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to
notify City of any change or termination in the policy.
6. INDEPENDENT CONTRACTOR.
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Vendor at all times while performing under this Agreement is an independent contractor and
not an agent or employee of the City. City is not responsible for withholding, and shall not withhold,
FICA or taxes of any kind from any payments that are owed to Vendor. This Agreement does not
create the relationship of agent, servant, employee, partnership, or joint venture between Vendor and
City.
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7. NOTICES.
Any notice to be given pursuant to this Agreement shall be deposited with the United States
Postal Service, postage prepaid and addressed as follows:
TO THE CITY
San Bernardino Police Department
710 North D Street
San Bernardino, CA 92401
Fax: (909) 388-4950
TO THE VENDOR
All City Management Services
1749 S. La Cienega Boulevard
Los Angeles, CA 90035
Either party may change their address for receipt of written notice by so notifying the other
party in writing.
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8. ENTIRE AGREEMENT.
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This Agreement contains the entire agreement between the parties. Any correspondence,
letters, documents or discussions leading up to this Agreement or any other way made between the
parties or their agents are replaced and superseded by this Agreement.
9. COMPLIANCE WITH LAWS.
The parties hereto shall comply with applicable laws of the United States of America, the
State of Cali fomi a, and all other applicable laws.
10. NON DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees, if
applicable, Vendor shall not engage in, nor permit its officers, employees or agents to-engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of
the California Government Code.
II.
GOVERNING LAWS.
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This Agreement shall be enforced and interpreted under the laws of the State of California.
12.
ATTORNEY'S FEES.
In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees. The cost, salary, and expenses of the City Attorney and members ofhislher office
in enforcing this contract on behalf of the City shall be considered "attorney's fees" for the purposes
of this paragraph.
13. SEVERABILITY.
If any portion of this Agreement is held to be invalid by a court oflaw, such provision shall
be considered severable, and the remainder of this Agreement or any provision hereof shall not be
affected.
14. WAIVER.
Failure of either party to enforce any provision of this Agreement shall not constitute a
waiver of the right to compel enforcement of the remaining provisions of this Agreement.
15. AMENDMENT.
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'- This Agreement may be amended at any time by a written instrument signed by both parties
hereto.
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16. ASSIGNMENT.
This Agreement shall not be assigned by Vendor without prior written consent of the City.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date first above written.
Date:
,2007
All City Management Services
By:
Date:
,2007
City of San Bernardino
By:
Fred Wilson, City Manager
Approved as to form
JAME~. PENMAN, City Attorney.
tV/J(/fd tlGillf(.j
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EXHIBIT A - SCOPE OF SERVICES
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1. The contractor will provide personnel equipped and trained in appropriate procedures for
crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a
Crossing Guard. The Contractor is an independent Contractor and the Crossing Guards to
be furnished by it shall at all times be its employees and not those of the City.
2. The City's representative in dealing with the Contractor shall be designated by the City of
San Bernardino.
3. The City shall have the right to determine the hours and locations when and where Crossing
Guards shall be furnished by the Contractor. The Contractor shall notify the City in writing
of any changes which may need to occur in hours of work or locations. The City further has
the power to add to, delete from, or revise the work schedule/locations at any time.
4. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are
taking place at the required places and times, and in accordance with all items of this
Agreement.
5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate
Crossing Guards in the event that any person fails to report for work at the assigned time and
location.
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6. The contractor shall provide personnel properly trained as herein specified for the
performance of duties of Crossing Guards. In the performance of their duties the Contractor
and employees ofthe Contractor shall conduct themselves in accordance with the conditions
of this Agreement and the laws and codes of the State of California.
7. Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes
of the State of California and, in particular, the laws pertaining to general pedestrian safety
and school crossing areas.
8. Crossing Guard Services shall be provided by the Contractor at the designated locations and
at the designated hours on all days on which the designated schools in the City of San
Bernardino are in session.
9. The Contractor shall provide all Crossing Guards with apparel by which they are readily
visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all
persons performing the duties of Crossing Guards and shall be worn at all times while
performing said duties. This apparel must be appropriate for weather conditions. The
Contractor shall also provide all Crossing Guards with hand held Stop signs and any other
safety equipment which may be necessary.
10.
The Contractor shall at all times provide workers' compensation insurance covering its
employees, and shall provide and maintain liability insurance for Cross Guard activities. The
Contractor will provide to the City a Certificate of Insurance naming the City and its
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officials, officers and employees as an additional insured. Such insurance shall include
commercial general liability with a combined single limit of not less than $1 ,000,000.00 per
occurrence and in aggregate for property damage and bodily injury. Such insurance shall be
primary with respect to any insurance maintained by the City and shall not call on the City's
insurance contributions. Such insurance shall be endorsed for contractual liability and
personal injury and shall include the City, its officers, agents and interest of the City. Such
insurance shall not be canceled, reduced in coverage or limits, or non-renewed except after
thirty (30) days written notice by Certified Mail, Return Receipt Requested has been given
to the City Manager, or designee for the City of San Bernardino.
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