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HomeMy WebLinkAbout21-Police Department OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACfION From: Michael A Billdt, Ollef of Police Subject: Resolution by the Mayor and Common Council to enter into a contract for Gossing Guard Semces with All Oty Management SeIVices for a crossing guard position at Victoria ElementatySchool (Redlands Unified School District) and to enter into an Agreement with the Redlands Unified School District to equally share the cost of this crossing guard semce. Meeting Date: January 8,2008 - Dept: Police Department Date: January 3,2008 Synopsis of Previous Council Action None Recommended Motion: 1. 2. Adopt Resolutions Authorize the Director of Finance to amend the FY 2007-08 budget, increase the Police Department budget and transfer $5,500.00 from Account 001-217-5014 (part Tune Salaries) to 001-217-5505 (Other Professional Semces). Additionally, to increase the General Fund revenue account 001-000-4740 (Misc. Police D~!.;J;:,O.oo. MICHAEL A BILLDT, GllEF OF POUCE '-' Contact person: SergeantJ. Burguan 384-5738 Supporting data attached: Yes Ward: 1 FUNDING REQUIREMENTS: Amount: $2,750.00 Source: 001-217-5505 Other Professional Services Council Notes: Finance ,.- /-7-0rJ. Agenda Item No. ;) I l?epla~e;ne"f Ilje.s '- OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION ....",,,,, STAFF REPORT SUBJECT Resolution by the Mayor and Common Council to enter into a contract for Crossing Guard Services with All City Management Services for a crossing guard position at Victoria Elementary School (Redlands Unified School District) and to enter into an Agreement with the Redlands Unified School District to equally share the cost ofthis crossing guard services. BACKGROUND The Police Department - Traffic Unit currently manages all crossing guards in the City of San Bernardino for the San Bernardino Unified School District elementary schools (37 positions). The cost of services is shared between the City of San Bernardino and the San Bernardino Unified School District (50% each). "- Victoria Elementary School is located at 1505 S. Richardson Avenue in San Bernardino. Although this school is located within the city limits of San Bernardino it is a Redlands Unified School District school. Redlands Unified School District requested that a crossing guard be placed at the school location because of increased traffic and a concern for child safety before and after school. A survey was conducted by the Traffic Engineering Department during the final part of the 2006-2007 school year; the results of that study found that the location warranted the need for a crossing guard at the school. All City Management Services (ACMS) is a private vendor that provides crossing guard services for several communities throughout California. This vendor also provides services for other schools in the Redlands Unified School District. ACMS is fully insured, accepts general liability, recruits, hires, equips and trains their Crossing Guards. ACMS will handle the day to day operations of providing a guard at this school location including both supervision and staffmg for a rate that is very close to what the city is currently paying to manage the program through the Police Department. The benefit to using ACMS is the better infrastructure in place to substitute guards when needed for constant staffing, closer supervision and liability protection. ACMS is the only company that was found in Southern California to provide these specific services. ACMS has provided a quote to the Police Department to provide one guard position at a rate of $13.74 per hour at 4 hours per day. This rate is competitive to what the department is paying to provide these services (not including administrative costs). These positions are sometimes difficult to fill and even more difficult to maintain a substitution list; therefore, some schools are at times without an active crossing guard. The use of ACMS would likely alleviate this problem and they guarantee that they will be able to fill the position at this competitive rate. ,- This matter requires that the City of San Bernardino enter into a Memorandum of Understanding (MOU) with All City Management and with the Redlands Unified School District (separate MOU's) to provide these services. '- FINANCIAL IMPACT "- The typical school year is 180 days. It is anticipated that the start date for this program will be January 7, 2008, leaving 100 days of the 2007-2008 school year. The number of days multiplied by 4 (hours) and again multiplied by $13.74, would be an annual cost of $5,496.00 (rounded to $5,500.00). This cost would be shared (50%) with the Redlands Unified School District therefore making the costs $2,750.00 for the remainder of the 2007-2008 school year. Crossing guard services are normally paid from the Part Time Salaries Account 001-217-5014. It will be necessary to transfer $5,500.00 from Account 001-217-5014 to account 001-217-5505 -HOther Professional Services to pay the outside vendor. The Redlands Unified School District will then reimburse the city approximately $2,750.00 for their half of the expenditures in accordance with the agreement between the City of San Bernardino and Redlands Unified School District. RECOMMENDATION 1. Adopt Resolutions 2. Authorize the Director of Finance to amend the FY 2007-08 budget, increase the Police Department budget and transfer $5,500.00 from account 001-217-5014 (part Time Salaries) to 001-217-5505 (Other Professional Services). Additionally, to increase the General Fund revenue account 001-000-4740 (Misc. Police Department Revenue) by $2,750.00. - '-" '- '-- .~- '- 1 RESOLUTION NO. 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 /11 14 11/ 15 /11 16 11/ 17 /11 18 11/ 19 11/ 20 /11 21 /11 22 11/ 23 11/ 24 /11 25 11/ 26 11/ 27 28 jI..:L / F:\ROTH\R.ESOS\PD Crossing Guard RUSD.wpd /.7.07 , - 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 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 6 of , 2008, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES 8 ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON 14 "- MC CAMMACK 15 16 17 NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 18 The foregoing Resolution is hereby approved this _ day of ,2008. 19 20 21 PATRICKJ. MORRIS, Mayor City of San Bernardino 22 Approved as to form: 23 JAMES F. PENMAN, 24 City Attorney " B, {1Jrl"" I (jif~ 26 27 '- 28 F:\ROTH\R.ESOS\PD Crossing Guard RUSD.wpd Exhibit A CROSSING GUARDS SERVICE AGREEMENT -- This Agreement is made and entered into this day of , 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. 1. 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. ll. CITY'S SCOPE OF WORK - CITY PROVIDED GUARDS A. rfCity hires crossing guards, the City's Police Department shall provide one crossing guard for children attending Victoria Elementary School. B. The Citywill 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 ernployees 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. rfCity 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 - 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. 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 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 ,'-" 1. 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 ........ 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. If terminated, the District will pay its share for all services rendered through the effective day of termination. Vrn. 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 of the parties. '- IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. Dated: ,2008 CITY OF SAN BERNARDINO Fred Wilson, City Manager Dated: ,2008 REDLANDS UNIFIED SCHOOL DISTRICT Vincent Christaken, Assistant Superintendent Business Services Division Approved as to Form JAMES F. PENMAN City A~l'fey . By: fU{XIXt&o ;1 M61r;jJ J '- 3 -. '- ..- '- 1 RESOLUTION NO. 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 /1/ 15 /1/ 16 /1/ 17 /1/ 18 /1/ 19 /1/ 20 //1 21 //1 22 /1/ 23 /1/ 24 //1 25 /1/ 26 //1 27 /1/ 28 F:\ROTH\RESOS\PD Crossing Guard Vcndor.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 6 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 7 of , 2008, by the following vote, to wit: 8 COUNCIL MEMBERS: AYES 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON - 15 MC CAMMACK 16 17 18 NAYS ABSTAIN ABSENT Rachel Clark, City Clerk The foregoing Resolution is hereby approved this _ day of ,2008. 19 20 21 PATRICKJ. MORRIS, Mayor City of San Bernardino 22 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney '-- 25 26 By: ~1 ff{:J~ II {kihl0 27 28 F:\ROTH\RESOS\PD Crossing Guard VendoT.wpd Exhibit A VENDOR SERVICE AGREEMENT -- This Vendor Service Agreement (hereafter, "Agreement") is entered into this _ day of , 200_, 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 ($13.74) per hour of crossing guard services provided with a four (4) hour minimum billing per site each service day. b. In the event that this Agreement is extended beyond June 30, 2008, the compensation for services shall be established by mutual consent of the parties. Said payment shall be made upon written statement to the City by the Vendor and approval of the appropriate City representative. 3. TERM. The term of this Agreement shall commence December 3, 2007 and terminate on June 30, 2008, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. City agrees to indemnify and hold harmless Vendor, its officers, agents and volunteers from -- any and all claims, actions, losses, damages and/or liability resulting from City's negligent acts or \...- omissions arising from the City's performance of its obligations under the Agreement. I . ..... Vendor agrees to indemnify and hold hannless the City, its elected officials, employees, officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from its negligent acts or omissions arising from the performance of its obligations under the Agreement. In the event the City and/or Vendor is found to be comparatively at fault for any claim, action, loss or damage and/or liability which results from their respective obligations under the Agreement, City and/or Vendor shall indemnify the other to the extent of its comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of general liability and automobile liability insurance, in the amount of$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 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 Cali fomi a, 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, except as permitted pursuant to Section 12940 of the California Government Code. II. 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 oflaw, 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. r"-' '- This Agreement may be amended at any time by a written instrument signed by both parties hereto. 3 - .;.- "- ,,~ --.. 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: ,2007 All City Management Services By: Date: ,2007 City of San Bernardino By: Fred Wilson, City Manager Approved as to form JAME~. PENMAN, City Attorney. tV/J(/fd tlGillf(.j 4 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 ofthe 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 '-' I - 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