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HomeMy WebLinkAbout14-City Administrator . CIO OF SAN BERNARDOO - REQUOT FOR COUNCIL Ac:OON From: JAMES E. ROBBINS Acting City Administrator Subject: Agreement with City of Highland relating to Crossing Guard Service. ~'I Dept: June 24, 1988 Date: Synopsis of Previous Council action: None Recommended motion: Adopt resolution. Va~ LA 121/..::::- or Signature Contact person: Jim Robbins Phone: 5122 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. Descriotionl Finance: Council Notes: 75-0262 Agenda Item No ~. /~ IIll-. . , CIR OF SAN BERNARDIIIb - REQUah FOR COUNCIL AC~N STAFF REPORT This agreement is a result of several months of meetings held between the two Mayors and Members of Council as agreed to at the Joint Meeting held between the two cities on April 7, 1988. This agreement provides for full reimbursement of all costs associated with providing this service to the city of Highland. Additional agreements are being considered between the two agencies. It is the intent that both cities adopt resolutions and that they be jointly signed at the joint meeting to be held July 7, 1988 at the Mediterranean Restaurant. 6/24/88 J1. , o' o o o 1 RESOLUTION 2 Rf.f.or,U';'TON D? '1'HE CTTY OF 3AN l\f';IU'lARDtNO AUTROIU7.E1G THE F""'r'T)'1'ION Or. All JlGRP,F.M<;f1T InTH THE CT~Y OF lHCH!,ANl) ~ET.I\TING ""C. 3 '1'n,' PHOVI 81 ON OF (,ROSS r nr, GUARD S1';\<VT C;" . 4 H: I'1' T.),r;SOLVED :W THE l1AYOR ANI" CON!10IJ conNcn OF THB r:nv or ,j,-'\N Bf.RNl\RDHlO 1\S FOLLOWS: 5 6 SECTIOG 1. The Mayor of the City of San ~erna[dino is 7 hereby authorized and directed to execute on behalf of the City, 8 an agreement with the City of Highland relating to the provision 9 of crossing guard service. 10 I HF.RERY Cr:R'rTFY that the foregoing resolution was duly 11 adopted by the Mayor and Common Council of the City of San 12 Bernardino at a ...- ~ ... ---- ---- -.------.---.--.-- meetinq thereof, beld on 13 th,:; day of , H8S, by the 14 following vote, to wit.t 15 AYES: 16 17 NAYS: 18 ABSBNT: 19 20 21 22 23 o[ City Clerk '1'he foregoing resolution is hereby approved this __ day , 1988. 24 25 26 EVLYN W'ILCOX Mayor of the City of San Bernardino . ppr:oveeJ as to form 27 an~ legal content: 28 1 < o' 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 - JJI J1 o o o A G R E E MEN T (Crossing Guards) THIS AGREEMENT is entered into in the State of California by and between the CITY OF HIGHLAND, and the CITY OF SAN BERNARDINO. It is hereby agreed as follows: 1. Recitals. (a) The CITY OF HIGHLAND is desirous of providing school crossing guards at various locations in the CITY OF HIGHLAND. (b) The CITY OF SAN BERNARDINO presently operates a school crossing guard program within its incorporated area. (c) The CITY OF SAN BERNARDINO is willing to provide school crossing guards for the CITY OF HIGHLAND at specified locations, provided the CITY OF SAN BERNARDINO is fully reimbursed by the CITY OF HIGHLAND for all wage, salary and benefit costs, and an agreed reimbursement for administrative costs, and provided that the CITY OF SAN BERNARDINO is fully indemnified and held harmless by the CITY OF HIGHLAND for all risks attendant to the provision of this service in the CITY OF HIGHLAND. 2. Provision of Guards. The CITY OF SAN BERNARDINO shall train and supervise and provide crossing guards at each of the locations shown on School Crossing Guard Location List, marked Exhibit "I", attached and incorporated in this agreement by this 6-24-88 LM:cm 1 < o 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 o o o reference, during the hours prescribed by the school districts and agreed to by the CITY OF SAN BERNARDINO and the CITY OF HIGHLAND as hours when pupils are walking to and from nearby schools on school days. Salaries and wages of crossing guards shall be at rates usual for such services, as the CITY OF SAN BERNARDINO may determine. The training and supervision of crossing guards shall be the same as provided to crossing guards working within the CITY OF SAN BERNARDINO. Relief guards for regular crossing guards shall have completed the same training as referred to above. 3. Reimbursement. As consideration for the satisfactory performance of the foregoing services, the CITY OF HIGHLAND agrees to reimburse the CITY OF SAN BERNARDINO for salaries and wages, and other such benefits as the CITY OF SAN BERNARDINO normally provides to crossing guards, including but not limited to any workers' compensation benefits or payments which the CITY OF SAN BERNARDINO may be required to make to or on behalf of any person employed by the CITY OF SAN BERNARDINO in the performance of this agreement. In addition, the City of Highland shall pay Two Thousand Nine Hundred Four Dollars ($2,904.00) a year or a pro-rata share of that amount for any portion of a year for general administrative expenses and a fee of Fifteen Dollars ($15.00) per guard per year or a pro-rata share of that amount for any portion of a year for equipment and maintenance thereof. 4. Billing and Payment. Not later than thirty (30) days after the close of each month, the CITY OF SAN BERNARDINO shall 6-24-88 LM:cm 2 , . o o o o 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 bill the CITY OF HIGHLAND for all sums due for that month and the CITY OF HIGHLAND shall pay the same within fifteen (15) days of the date of said bill. 5. Change of Crossing Guard Locations. From time to time during the term hereof, the CITY OF HIGHLAND may, by order of its City Council and delivery of certified copy thereof to the CITY OF SAN BERNARDINO, delete from Exhibit "I" one or more of the crossing guard locations, whereupon the CITY OF SAN BERNARDINO shall remove such guard and the obligation of the CITY OF HIGHLAND to pay therefore shall cease thereafter; and in the same manner, the CITY OF HIGHLAND may add one or more locations to said list, whereupon the CITY OF SAN BERNARDINO shall within ten (10) days provide additional crossing guards under the terms of this agreement. The CITY OF SAN BERNARDINO shall give the CITY OF HIGHLAND written notice thirty (30) days ~n advance of discontinuing of any of the crossing guard services called for in this agreement and not discontinued at the request of the CITY OF HIGHLAND by order of their City Council. 6. Termination. This agreement may be terminated by either party upon thirty (30) days' prior written notice. 7. Hold Harmless. The CITY OF HIGHLAND agrees to, and shall, indemnify and hold the CITY OF SAN BERNARDINO, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from the CITY OF SAN 6-24-88 LM:cm 3 . . 0 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 o o o BERNARDINO's obligations under this agreement, whether such act giving rise to liability be by the CITY OF SAN BERNARDINO or by anyone or more persons directly or indirectly employed by or acting as agent for the CITY OF SAN BERNARDINO. The CITY OF HIGHLAND agrees to and shall defend the CITY OF SAN BERNARDINO and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any obligations under this agreement. 8. Notices. Notices and communications hereunder shall be given by each party to the other at their respective addresses as follows: CITY OF HIGHLAND City Manager 27215 E. Baseline, Ste. A Highland, CA 92346 CITY OF SAN BERNARDINO City Administrator 300 North "D" Street San Bernardino, CA 92418 9. Effective Date. This agreement becomes effective upon the authorized execution by each of the parties hereto. Dated: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 6-24-88 LM:cm 4 o o o o 1 2 CITY OF HIGHLAND ATTEST: 3 By 4 City Clerk 5 6 CITY OF SAN BERNARDINO ATTEST: 7 By 8 EVLYN WILCOX, Mayor City Clerk 9 10 Approved as to form and legal content: 11 cf~ 12 City Attorney 13 CITY OF HIGHLAND CITY OF SAN BERNARDINO 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6-24-88 5 LM:cm