HomeMy WebLinkAbout1992-08-04; City Council; Resolution 92-2461
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RESOLUTION NO. 9 2 - 2 4 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RESCINDING AN AGREEMENT WITH
PERSONNEL RESOURCES OF SAN DIEGO AND AUTHORIZING
THE U(ECUTI0N OF AN AGREEMENT WITH WESTERN
TEMPORARY SERVICES FOR SCHOOL CROSSING GUARDS.
WHEREAS, the City has provided crossing guard service since 1983;
WHEREAS, contracting for this service reduces costs and liability exposure to the City;
WHEREAS, the Personnel Resources of San Diego is unable to provide the City with
crossing guard service;
WHEREAS, unencumbered funds are available for this service.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the agreement between the City of Carlsbad and Personnel Resources of San
Diego is hereby rescinded and the requirement for liquidated damages is waived.
2. That an agreement between the City of Carlsbad and Western Temporary Services for
school crossing service for the period of one year commencing July 1, 1992 through June 30,
1993, with the option to renew for three additional one (1) year periods, a copy of which is
attached, and made a part hereof, is hereby approved.
3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute
said agreement for and on behalf of the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 4th day of August , 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Stanton, Nygaard
NOES: None
ABSENT: Council Member Larson
ATTEST:
(2LkhLL iQ. Ray
ALETHA L. WUTENKRANZ, City Clerk
(SEAL) ~
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AGREEMENT TO PROVIDE
SCHOOL CROSSING GUARDS
This Agreement is made this 7th day of AUGUST , 193 by and between the
City of Carlsbad, a Municipal Corporation ("City") and Western Temporary Services.
In consideration of the covenants contained herein, City and Western Temporary -
Services agree as follows:
RECITALS
1. Western Temporarv Services shall:
a. Provide capable and reliable personnel at the places and times stated
in Section 3 of this Agreement meeting the crossing guard requirements established by the
City of Carlsbad Police Chief.
b. Western Temporary Services is responsible to insure that
a crossing guard is present at all designated locations every day that school is in session.
This will require the contractor to have in place an adequate notification system for regular
crossing guards in the event they will be absent from their regular posts. In all cases, the
contractor assumes responsibility to insure that every post is manned at the predetermined
times as set forth by its contract.
c. Establish and maintain a recruiting plan that will assure a fully qualified
backup crossing guard to be available for each crossing guard position designated by the City
of Carlsbad Police Chief.
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d. Pre-screen applicants to determine the applicants’ qualifications and
suitability for the position. Applicants considered acceptable must be fingerprinted at the
Carlsbad Police Department for a criminal history check. Applicants deemed to be
unacceptable by the Carlsbad Police Chief will not be assigned as crossing guards.
e. Fully train each crossing guard prior to a guard assuming crossing guard
duties. Training standards will be approved by the Carlsbad Police Department and shall
include instruction on holding the crossing guard stop sign, where to stand while children
cross, the wearing of a safety vest, proper reporting of violations against the hand held stop
sign and actions to be taken in the event of an accident.
f. Comply with all state and federal requirements regarding payroll taxes,
minimum. wage, workers’ compensation, unemployment compensation insurance, and fair
employment practices.
g. Handle all payroll responsibilities.
h. Obtain and maintain a policy of insurance in the amount of $1,000,000
coverage for employer liability as well as $1,000,000 comprehensive general liability coverage
with the City named as an additional insured. The City shall be furnished a certificate of
insurance that certifies compliance to the above requirements within ten (10) days of the
date of execution of this Agreement.
1. Be responsible for all workers’ compensation claims presented by any
employee hired as a crossing guard.
j. Establish liaison with the school district to monitor changes in school
schedules. i
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2. City shall:
a. Provide a safety vest or jacket and hand held stop sign for use of each
crossing guard.
b. Pay Western Temporary Services for the services provided under this
Contract at an hourly rate of $ 11.35 . Payment shall be made within fifteen (15) days
of the submission of a bill for the number of hours worked. Bills shall be submitted weekly
and shall state the hours worked in the previous week. City shall have the right to verify the
hours worked prior to payment. City may make payment on a monthly basis for the bills
submitted during the prior month.
c. Accept or reject applicants for crossing guards within a reasonable time
after the applicant has been fingerprinted. Rejections of applicants shall not be
unreasonable. Upon request, the reason for rejection shall be disclosed to Western
Temporary Services . Western Temporary Services shall not
disclose such reasons to any person other than applicant.
d. Provide Western Temporary Services with written qualifications
for crossing guards.
3. Provision of Crossing Guards:
Western Temporary Services shall provide six (6) regular crossing
guards. The crossing guards shall be stationed one (1) each at the following intersections:
a. Carlsbad Village Drivenamarack
b. La's Flores/Pio Pic0
c- Monroe/Chestnut d. TamaracWJefferson
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e. El Camino Realflamarack
f. Rancho Santa Fe/Calle Barcelona
The guards must be posted two (2) times each day at (1) 7:30 - 8:15 a.m., and
(2) 2:25 - 255 p.m. at locations a, b, c, d, e, and f. Guards must also be posted from 1250 -
1:20 p.m. at location f, on the days when needed.
Adjustment of times may be necessary in the event of a change in school
schedules. Western Temporary Services shall monitor the school schedules
and make adjustments to the guard posting schedules if necessary. City shall have final
authority for changes in the guard posting schedules.
Guards shall be provided for the regular year (approximately mid-September
to Mid-June) at locations a, b, c, d, e. Guards shall be provided for year round school at
location f.
4. This Contract shall be for the period from Julv 1, 1992 through June
30, 1993 with the option to renew for three additional one (1) year periods.
Western Temporary Services shall submit to tde City the price for the
next years’ services not later than April 30, 1993 . If the City accepts
the price, the Contract may be renewed for an additional one (1) year period for up to three
additional years. The parties may indicate the renewal by signing and dating the original
of this Contract or by appending this document in writing indicating such renewal. City
reserves the right to re-bid the Contract whenever it deems such rebidding to be in the best
, interest of the City.
Either party shall have the right to terminate this Contract upon sixty (60) days
written notice to the other party. Upon termination by Western Temporary Services during
the school year, Western Temporaw Services shall pay to City in liquidated
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damages the amount of $200.00 for each remaining month. City shall have the right to
immediately terminate this contract upon any work stoppage, strike, sick out or other
c0ncerted.activit-y of the Western Temporaw Services employees.
5. Any notices required by this Agreement shall be delivered as follows:
TO CITY:
TO CONTRACTOR:
City of Carlsbad
Attn: Police Chief
2560 Orion Way
Carlsbad, CA 92009
Western Temporary Services
Attn: Sue Duffy
5411 Avenida Encinas, #210
Carlsbad CA 92008
IN WITNESS WHEREOF, the parties hereto have executed the Agreement at
Carlsbad, California, the day and year first above written.
CITY OF CARLSBAD, CALIFORNIA CONTRACTOR
A Municipal Corporation - [d$!a($im /i
By: Le ec dA ?! .I,
C3aiide A. Lews, Mayor Western Temporary Send& 4
ATTEST:
dl& flfl I-
Aletha L. Eutdcranz, City Clerk *mT
Approved as to form:
8. /&A- "r-
Ronald R. Ball, City Attorney 1
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QUALIFICATIONS FOR SCHOOL CROSSING GUARDS
Provided by the Carlsbad Police Department
1. Candidates must have reached their 18th birthday at time of employment.
2. Candidates must be mentally and physically capable of performing the requirements
of the position.
3. Candidates must be free of any alcohol or illicit drug dependency or abuse.
4. Candidates must be of high moral character and free of any arrests that might
adversely reflect on their qualifications for working with children.
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