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HomeMy WebLinkAbout2008-010 1 RESOLUTION NO. 2008-10 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 The authorization to execute the above referenced Agreement is rescinded 11 if it is not executed within sixty (60) days of the passage of this Resolution. 12 SECTION 3.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. 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 F:\ROTH\RESOS\PD Crossing Guard Vendor. wpd 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 joint 6 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7 tlUay 7 of January , 2008, by the following vote, to wit: 8 COUNCIL MEMBERS: AYES 9 ESTRADA X 10 BAXTER X - 11 BRINKER X 12 DERRY X 13 KELLEY X 14 JOHNSON X - 15 MC CAMMACK X 16 NAYS ABSTAIN ABSENT 17 ~~h_~ Rac el Clark, CIty Clerk 18 The foregoing Resolution is hereby approved this~day of January, 2008. 19 20 21 22 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 By: ~11f{tjt(J /I {kflJIM 26 27 28 F:\ROTH\RESOS\PD Crossing Guard Vendor.wpd 2008-10 Exhibit A VENDOR SERVICE AGREEMENT This Vendor Service Agreement (hereafter, "Agreement") is entered into this 7 th day of .J anua ry , 200.Jt. 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. 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 ($13.74) per hour of crossing guard services provided with a four (4) hour minimum billing per site each service day. b. In the event that this Agreement is extended beyond June 30, 2008, the compensation for services shall be established by mutual consent of the parties. Said payment shall be made upon written statement to the City by the Vendor and approval of the appropriate City representative. 3. TERM. The term of this Agreement shall commence December 3, 2007 and terminate on June 30, 2008, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. City agrees to indemnify and hold harmless Vendor, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from City's negligent acts or omissions arising from the City's performance of its obligations under the Agreement. 1 2008-10 Vendor agrees to indemnifY and hold hannless the City, its elected officials, employees, officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from its negligent acts or omissions arising from the performance of its obligations under the Agreement. In the event the City and/or Vendor is found to be comparatively at fault for any claim, action, loss or damage and/or liability which results from their respective obligations under the Agreement, City and/or Vendor shall indemnifY the other to the extent of its comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of general liability and automobile liability insurance, in the amount of$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. 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. 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. 2 2008-10 8. ENTIRE AGREEMENT. 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 California, and all other applicable laws. 10. NONDISCRIMINATION. 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. 11. GOVERNING LAWS. 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 of law, 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. This Agreement may be amended at any time by a written instrument signed by both parties hereto. 3 2008-10 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. By: Date: ,2007 Date: C)M1MM(j If) ,2001 tt Approved as to form JAMES . PENMAN, City AttOJ:ney t 4 2008-10 EXHIBIT A - SCOPE OF SERVICES I. 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. 6. The contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance oftheir duties the Contractor and employees of the 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 1 2008-10 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. 2