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Home My WebLink About10- City Attorney . -CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN Subject: Resolution Authorizing the Execution of a Crossing Guards Services Agreement Between the San Bernardino City Dept: CITY ATTORNE h a a Unified School District and the City for Payment of One-Half Of the Costs of crossing Guards Employed by the City up to Date: June 27, 2000 �� + t w f_p L The Sum of$130,200 Per School Year. Synopsis of Previous Council action: Recommended motion: The Mayor and Common Council adopt the resolution. Signature Contact person: JAMES F. PENMAN Phone: 5355 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: None Source: Finance: I Council Notes: I Agenda Item No. J0 7/1o/aa00 STAFF REPORT Council Meeting Date: July 10, 2000 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: June 27, 2000 AGENDA ITEM: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Crossing Guards Services Agreement Between the San Bernardino City Unified School District and the City of San Bernardino for Payment of One-Half of the Costs of Crossing Guards Employed by the City Up to the Sum of$130,200 Per School Year. The San Bernardino City Unified School District has agreed to pay for one-half of the costs of crossing guards employed by the City up to the sum of $130,200 per school year. It is requested by the City Attorney that the floor motion be adopted so that the Mayor is authorized to execute said Crossing Guards Services Agreement on behalf of the City of San Bernardino. I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE ON BEHALF OF THE 3 CITY OF SAN BERNARDINO A CROSSING GUARDS SERVICES AGREEMENT BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND THE 4 CITY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 8 to execute on behalf of the City of San Bernardino said Agreement between the San Bernardino City 9 Unified School District for payment of one-half of the costs of crossing guards employed by the City 10 up to the sum of$130,200 per school year, a copy of which is attached hereto marked Exhibit "A" 11 and incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. The authorization granted hereunder shall expire and be void and of no further 13 effect if the agreement is not executed by both parties and returned to the Office of the City Clerk O 14 within sixty (60) days following the effect date of the resolution. 15 16 17 18 19 20 21 22 23 24 25 26 27 i 28 RLS/js]a7NGUARDS.RES] 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE ON BEHALF OF THE CITY OF SAN BERNARDINO A CROSSING GUARDS SERVICES AGREEMENT 3 BETWEEN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN BERNARDINO. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and S Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of 2000, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 MCGINNIS 11 SCHNETZ 12 SUAREZ 13 ANDERSON 14 MCCAMMACK 15 16 17 CITY CLERK 18 19 The foregoing Resolution is hereby approved this day of , 2000. 20 21 JUDITH VALLES, Mayor 22 City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 i 27 By: � �2� 28 R1S/js PaNGUARDS.RESI 2 COPY PY CROSSING GUARDS SERVICES AGREEMENT This agreement is entered into on ' 2000 between the CITY OF SAN BERNARDINO, a municipal corporation ("CITY") and the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ("SBCUSD"). The CITY's police department shall provide crossing guards for children attending schools within the SBCUSD. The SBCUSD agrees to pay for one-half of the costs of crossing guards employed by the CITY up to the sum of$130,200 per school year. The school year is from July I to June 30 of the succeeding year. This Agreement is effective beginning July 1, 1998 and continuing through June 30, 2000. This Agreement is to formalize the past practices between the parties. The parties may agree to extend the term of this agreement. CITY's Duties 1. The CITY will train, schedule, provide and supervise personnel in accordance with this Agreement and the rules and regulations of the State of California. 2. 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. 3. Crossing guards will be provided by the CITY at the designated locations, at the designated hours on all days that the designated schools in the SBCUSD are in session. 4. Crossing guards are employees of the City and it shall be the responsibility of the City to provide crossing guards with identification of such, including appropriate designation on crossing guard apparel. The apparel shall be worn at all times the crossing guards are on duty. 5. It is the responsibility of the City to report to the District's Human Resources Department whenever a crossing guard will not be present at any assigned location. 6. City will be responsible for the background and fingerprint clearance for all crossing guards or supervisors who may come into contact with District students as described in Education Code §45122.1. SBCUSD's Duties I. The SBCUSD agrees to compensate the CITY for services rendered to accomplish the results required hereunder, not to exceed$130,200.00 per school year. The invoice shall describe in detail the services rendered and Federal Tax I.D. Number. Payment to the CITY shall be made by I EXHIBIT "A" the SBCUSD after receipt and approval of the invoice. Invoices will be submitted quarterly. 2. The payment to the CITY is inclusive of all services under this Agreement. 3. The SBCUSD will not withhold federal or state income tax deductions from payments made to the CITY under this Agreement. Responsibilities of the CITY I. The CITY is ultimately responsible for the results to be achieved under this Agreement. The CITY itself or others hired by the CITY and under the control of the CITY, may provide the services necessary to achieve the results required under this Agreement. 2. It is the CITY's responsibility to communicate with the individual school sites to acquire a school calendar and determine need. 3. The CITY will perform services to achieve the results required hereunder in the CITY's own independent way as an independent contractor and not as an employee of SBCUSD. 4. The CITY shall provide all of its own supplies and equipment necessary to achieve the results of this Agreement. Information Provided by the SBCUSD The SBCUSD 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. Hold Harmless 1. The CITY hereby agrees to indemnify, defend, and hold harmless the SBCUSD and its departments, agents, officers, and employees from any and all claims or sums which the SBCUSD or any of its departments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to property or injury or death of persons, arising out of the performance of the services rendered by the CITY or caused by any error, omission, or act of the CITY or of any person employed by CITY or of any others for whose acts the CITY is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. 1 The SBCUSD hereby agrees to indemnify, defend, and hold harmless the CITY and its departments, agents, officers and employees from any and all claims or sums which the CITY or any of its departments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to property or injury or death of persons, arising out of the performance of the services rendered by the SBCUSD or 2 caused by any error, omission, or act of the SBCUSD or of any person employed by the SBCUSD or of any others for whose acts the SBCUSD is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. Special Provisions I. The CITY shall comply with all applicable federal, state and local laws, rules, regulations, and ordinances, including workers compensation insurance laws. The CITY shall provide, through insurance policies or self-insurance , workers 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 SBCUSD. 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. 1 This Agreement shall not be assignable except with the mutual written consent of the parties hereto. 4. This Agreement may be amended by the mutual written consent of the parties hereto. 5. This Agreement may be terminated by either party with a thirty (30) day written notice. If terminated, SBCUSD will pay its share for all services rendered through the effective date of termination. IN WITNESS WHEREOF,the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Judith Valles, Mayor Ifa=id V llkmmer City of San Bernardino Assistant Superintendent Human Resources Division Date: Date: u dd 3 July 13, 2000 Harold Vollkommer San Bernardino City Unified School District 777 N. F Street San Bernardino, CA 92410 Dear Mr. Vollkommer, Enclosed is the signed Crossing Guards Services Agreement between the City of San Bernardino and San Bernardino City Unified School District. I am forwarding this agreement to you for your files. If you have any questions, please call me at(909)384-5002. Sincerely, Michelle Taylor Senior Secretary