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HomeMy WebLinkAbout2009-331 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. 2009-331 RESOLUTION OF THE MAYOR AND COMMON COUNCIL TO ENTER INTO A CONTRACT FOR CROSSING GUARD SERVICES WITH ALL CITY MANAGEMENT SERVICES FOR TWO CROSSING GUARDS AT BELVEDERE ELEMENTARY SCHOOL AND TO ENTER INTO AN AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO MISSION INDIANS FOR PAYMENT OF CROSSING GUARD SERVICES THROUGH THE SDF GRANT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute an Agreement with All City Management Services to provide two crossing guards at Belvedere Elementary School in the City of San Bernardino for Fiscal Year 2009/2010, a copy of which is attached hereto as Exhibit "A," and incorporated herein by this reference. SECTION 2. The implementation date of this Agreement with All City Management Services 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 Mayor is hereby authorized and directed to execute an Agreement with the San Manuel Band of Serrano Mission Indians for FY 2009/10 for two crossing guards at Belvedere Elementary School in the City of San Bernardino, a copy of which is attached hereto as Exhibit "B," and incorporated herein by this reference. SECTION 4. The implementation date of this Agreement with the San Manuel Band of Serrano Mission Indians is August 1, 2009; therefore, any action taken between August 1, 2009 and the date that this resolution is adopted is hereby ratified. SECTION 5. The authorization to execute the above referenced Agreements IS rescinded if they are not executed within sixty (60) days of the passage of this Resolution. 2009-331 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 MAYOR AND COMMON COUNCIL TO ENTER INTO A CONTRACT FOR CROSSING GUARD SERVICES WITH ALL CITY MANAGEMENT SERVICES FOR TWO CROSSING GUARDS AT BELVEDERE ELEMENTARY SCHOOL AND TO ENTER INTO AN AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO MISSION INDIANS FOR PAYMENT OF CROSSING GUARD SERVICES THROUGH THE SDF GRANT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 5th day of October ,2009, by the following vote, to wit: Council Members Aves Nays Abstain Absent ESTRADA X BAXTER x BRINKER x SHORETT --K- KELLEY X JOHNSON x McCAMMACK x ~k.~ City Clerk The foregoing resolution is hereby approved this 7ni. day of October , 2009. ~~ . y cf San Bernardino Approved as to form D~{{1 Special Couns I 2009-331 VENDOR SERVICE AGREEMENT This Vendor Service Agreement (hereafter, "Agreement") is entered into this ~ day of October , 2009, 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 Vendor to provide crossing guard services at two positions at Belvedere Elementary School as set forth in Attachment "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 fourteen dollars and twenty-eight cents ($14.28) per hour for crossing guard services provided with one position a (4) hour minimum billing per site each service day and one position a (6) hour minimum billing per site each service day. b. In the event that this Agreement is extended beyond June 30, 2010, 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 on July 1, 2009 and terminate on June 30, 2010, 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, EXHIBIT "A" 2009-331 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. Vendor agrees to indemnify and hold harmless 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 $3,000,000 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 at least thirty (30) days prior to any change in or termination of 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 2009-331 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. 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 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. 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. 11. GOVERNING LAWS. This agreement shall be enforced and interpreted under the laws of the State of California. 12. ATTORNEY FEES. In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including those of the City Attorney and members of his/her office. 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. 2009-331 14. WAIVER. Failure of either party to enforce any provisions 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. 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: Off 02/ , 2009 All City Management Services Date: ~y ,2009 Approved as to form ~;~~ Special Counse 2009-331 EXHIBIT A - SCOPE OF SERVICES 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. 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 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. The Contractor shall be responsible for the background and fingerprint clearance for all crossing guards or other employees who may come into contact with the students as described in Education Code Section 45122.1 and shall certify to the City that this requirement has been met. 8. 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. 9. Crossing Guard Services shall be provided by the Contractor at two locations designated by the City and at the designated hours on all days on which Belvedere Elementary School is in seSSIon. 10. 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 2009-331 Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary. 11. The contractor shall at all times provide workers' compensation insurance covering its employees, and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the City a Certificate of Insurance naming the City and its officials, officers and employees as an additional insured. Such insurance shall include commercial general liability with a combined single limit of not less than $3,000,000.00 per occurrence and in aggregate for property damage and bodily injury. 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. ./..,' 2009-331 INTERGOVERMENTAL MITIGATION AGREEMENT FOR CROSSING GUARD SERVICES Between and Among THE SAN MANUEL BAND OF SERANO MISSION INDIANS, A Federally Recognized Indian Tribe, And THE CITY OF SAN BERNARDINO, a political subdivision of the State of California and SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California 1. INTRODUCTION 1.1 This Intergovernmental Mitigation Agreement for Crossing Guards ("Crossing Guards Agreement") is executed and entered into this 1st day of August, 2009, (the "Effective Date") between and among the San Manuel Band of Serrano Mission Indians, a federally recognized Indian tribe and governmental entity ("Tribe"), on the one hand, and the City of San Bernardino, a political subdivision of the State of California ("City"), and the San Bernardino City Unified School District, a political subdivision of the State of California ("District"), individually and collectively, on the other hand. 1.2 The Tribe occupies federal lands that are held in trust for the benefit of the Tribe contiguous to the boundaries of City, on which the Tribe engages in gaming as a means of raising tribal revenues and achieving self-sufficiency, pursuant to the Indian Gaming Regulatory Act and a Tribal-State Gaming Compact with the State of California ("Compact"). 1.3 I n accordance with the Compact, the Tribe adopted the San Manuel Gaming Compact Off-Reservation Impact Ordinance ("Impact Ordinance"), which provides a process through which the Tribe, in consultation with local governments and the community, can address and seek to mitigate significant adverse off-Reservation impacts, if any, attributable to the Tribe's on-Reservation gaming activities. 1.4 The parties share a common interest in the safety of students traveling to District schools near the Tribe's Reservation. Pursuant to this commitment, the Tribe's Public Safety Department has provided crossing guards at the intersections of Lynwood Drive and Victoria Avenue and Lynwood Drive and Belvedere -Avenue in an arrangement which was formalized in 2005 ("Crossing Guard Services"). In May 2009, the City was awarded monies from the Compact-related Special Distribution Fund from the Indian Gaming Local Community Benefit Committee ("SDF Grant") to fund the Crossing Guard Services for Fiscal Year 09/10, and contractually committed with a third party to provide the Crossing Guard Services Monday through Friday from the hours of 7 a.m. to 9 a.m. and 2 p.m. through 5 p.m. EXHIBIT "B" .., .' . . 2009-331 Now Therefore, the Parties Agree as Follows: 2.1 The parties agree that the funding of the Crossing Guard Services through the SDF Grant relieves the Tribe of the obligation to provide its Department of Public Safety personnel to perform this function through the end of Fiscal Year 09/10. 2.2 The parties further agree that the City shall continue to provide the Crossing Guard Services at the expiration of the SDF grant period, subject to the Tribe providing the requisite funding for the actual costs of the Crossing Guard Services. 2/3 In the event the Tribe does not provide funding to the City at the expiration of the SDF grant period for the City to continue providing the Crossing Guard Services, the Tribe shall promptly resume providing Crossing Guard Services with its Department of Public Safety personnel. 2.4 This Agreement is not intended to, and shall not be construed to, create any right on the part of a third party to bring an action to enforce any of its terms. Executed as to the date and year first written above. By: E C. RAMOS, M.B.A. ribal Chairman CITY OF SAN BERNARDINO A Political Subdivision of the State of California BY~ ' . ATR K~ Mayor By: . Z. I SLAM Business and Financial Officer SAN A Polit Approved as to form By:. \ ~llL SP~ial C unsltlt City of San Bernardino