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Home My WebLink About2009-330 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' I III 22 23 24 25 26 27 28 RESOLUTION NO. 2009-330 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER OF SAN BERNARDINO TO EXECUTE THE CROSSING GUARDS SERVICE AGREEMENT WITH THE RIALTO UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF THE SCHOOL CROSSING GUARD PROGRAM AT MYERS ELEMENTARY SCHOOL AND KELLEY ELEMENTARY SCHOOL BY THE POLICE DEPARTMENT. SECTION 1: The City Manager of San Bernardino is hereby authorized and directed to execute the Crossing Guards Service Agreement for FY 2009/10 with the Rialto Unified School District, which is attached, marked exhibit A and incorporated herein. SECTION 2: That the implementation date of this agreement is July 1, 2009; therefore, any action taken between July 1, 2009 and the date that this resolution is adopted is hereby ratified. SECTION 3: The authorization to execute the above referenced amendment to the Services Agreement is rescinded if it is not issued within sixty (60) days of the passage of this resolution. III III III III III 2009-330 1 2 3 4 5 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER OF SAN BERNARDINO TO EXECUTE THE CROSSING GUARDS SERVICE AGREEMENT WITH THE RIALTO UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF THE SCHOOL CROSSING GUARD PROGRAM AT MYERS ELEMENTARY SCHOOL AND KELLEY ELEMENTARY SCHOOL BY THE POLICE DEPARTMENT. 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a i oint regular meeting thereof, 8 9 10 11 12 13 14 15 16 17 18 19 20 held on the 5th day of October , 2009, by the following vote, to wit: Abstain Absent Council Members Aves Navs ESTRADA ~ BAXTER x BRINKER x x SHORETT KELLEY X - JOHNSON X X McCAMMACK f2c~ k. ~ City Clerk 21 The foregoing resolution is hereby approved this -; {H day of ___.October , 2009. 22 23 24 25 Approved as to form 26 27 28 EXHIBIT "A" 2009-330 CROSSING GUARDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 5th day of October 2009, by and between the City of San Bernardino - Police Department, hereinafter referred to as the "City" having a business address as 710 North "D" Street, San Bernardino, California 92401 and the Rialto Unified School District, hereinafter referred to as the "District'" having a business address at 182 E. Walnut Avenue, Rialto, California 92376. I. TERM OF AGREEMENT A. This Agreement is effective beginning July 1, 2009, and continuing through June 30, 2010. 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 one crossing guard for children attending Kelley Elementary School and one crossing guard for children attending Myers Elementary School. 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 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 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 Education Safety and Security Department whenever a crossing guard will not be present at any assigned location. G. The 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. 2009-330 III. GENERAL RESPONSIBILITIES OF THE CITY A. The City may provide the crossing guards required under this Agreement by utilizing its own employees or by using contracted services, but in either case, the personnel shall be under the control of the City. B. It is the City's responsibility to communicate with the school sites to acquire a school calendar and determine need and timelines. C. The City will perform services required hereunder as an independent contractor 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. IV. 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 PAYIvlENT 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 $8,792.00. The cost of the crossing guard is calculated at the rate of$8.14 per hour, including benefits. Invoices shall be submitted quarterly in arrears. B. The City's fee is all-inclusive 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, and / or liability resulting from the City's negligent acts or omissions arising from the City's performance or its obligations under the Agreement. B. District agrees to indemnify and hold harmless the City, its officers, agents, and volunteers from any action and all claims, actions or losses, damages and / or 2 2009-330 liability resulting from the 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 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 The City and the District shall comply with all federal, state and local laws, rules, regulations, and ordinances, including Worker's Compensation insurance laws. The City and the District shall provide, through insurance policies or self- insurance, Worker's 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. B. NON-DISCRIMINATION 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. C. AMENDMENT OF AGREEMENT This Agreement may be amended by the mutual written consent of the parties. D. TERMINATION OF AGREEMENT 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. VIII. COMPLETE AGREEMENT This Agreement represents the entire agreement and understanding between the parties. Any modifications to the Agreement shall be in writing and signed by authorized representatives of the parties. 3 2009-330 Myers-Kelly Elementary Schools - Crossing Guard Agreement IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. Dated: ...~ p , 2009 Dated: , 2009 L DISTRICT . Davis, Deputy Superintendent Approved as to Form JAMES F. PENMAN City Attorney 4