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Home My WebLink About2008-011 .' 1 RESOLUTION NO. 2008-11 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. 11 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 The authorization to execute the above referenced Agreement is rescinded 12 if it is not executed within sixty (60) days of the passage of this Resolution. 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III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 28 F:\ROTH\RESOS\PD Crossing Guard RUSD.wpd 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 joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7 thday 6 of January , 2008, by the following vote, to wit: NAYS ABSTAIN ABSENT ~ I.J_~ Rac el Clark, City Clerk 18 The foregoing Resolution is hereby approved this /.?'1fay of ~!L.., 2008. 19 20 21 ayor 22 Approved as to form: 23 24 JAMES F. PENMAN, City Attorney By {1+laf}~ 25 26 27 28 F:\ROTH\RESOS\PD Crossing Guard RUSD.wpd 2008-11 Exhibit A CROSSING GUARDS SERVICE AGREEMENT This Agreement is made and entered into this 7th day of January ,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. I. 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. II. CITY'S SCOPE OF WORK - CITY PROVIDED GUARDS A. If City hires crossing guards, the City's Police Department shall provide one crossing guard for children attending Victoria Elementary School. B. The City will train, schedule, provide and supervise personnel in accordance with this Agreement and the rules and regulations ofthe 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 location, at the designated hours on all days that the designated school in the District is in session. E. Crossing guards are employees 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 A. IfCity 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 I 2008-11 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. RESPONSffiILITIES 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. 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 I. 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 2 2008-11 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. Ifterminated, the District will pay its share for all services rendered through the effective day oftermination. Vill. 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 ofthe parties. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. Dated: ~() 10 ,2008 Fred Dated: I - I ( ,2008 ISTRICT . staken, Assistant Superintendent ervices Division Approved as to Form JAMES F. PENMAN :~ty i!1~&lta II {}j1u:iJ if 3