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Resolution No. 4908 .' .' 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 ~O. 4908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF VERNON AND JAMES B. SHOWS, DBA ALERT GUARD SERVICE & PATROL, FOR SCHOOL CROSSING GUARD SERVICES WHEREAS, Bruce V. Malkenhorst, Director of Finance, by letter dated May 10, 1982, recommended that the City of Vernon commence using the services of Alert Guard Service & Patrol for school crossing guard services at an approximate cost of Seven Dollars ($7.00) per hour; and WHEREAS, the Finance Committee on May 10, 1982, made a recommendation to the City Council that the City of Vernon commence using the services of Alert Guard Service & Patrol; and WHEREAS, the City of Vernon and James B. Shows, dba Alert Guard Service & Patrol, desire to enter into an agreement wherein James B. Shows, dba Alert Guard Service & Patrol, would provide school crossing guard services to the City of Vernon. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: That the City Council of the City of Vernon does hereby approve the Agreement by and between the City of Vernon and James B. Shows, dba Alert Guard Service & Patrol, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth at length. SECTION 2: The City Council of the City of Vernon hereby authorizes the Mayor of the City of Vernon to execute said Agreement on behalf of the City of Vernon. 1 SECTION 3: That the City Clerk of the City of Vernon 2 shall certify to the passage of this Resolution and thereupon 3 and thereafter the same shall be in Iull force and effect. 4 APPROVED AND ADOPTED this 18th day of May, 1982. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: ~A~~W~ BRUCEV. MALKENHORST, City Clerk -2- 1 STATE OF CALIFORNIA ss. 2 COUNTY OF LOS ANGELES 3 5 Verno.n, do hereby certify that the foregoing Resolution, being 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 6 Resolution No. 4908 , was duly adopted by the City Council 7 of the City of Vernon, and was approved by the Mayor of said 8 City at a regular meeting of the City Council held on Tuesday, 9 10 11 12 13 14 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 May 18 , 19 82. zf~~~ BRUCE V. MALKENHORST, City Clerk -3- 1 2 AGREEMENT FOR SCHOOL CROSSING GUARD SERVICES 3 THIS AGREEMENT is made and entered into and executed in 4 duplicate originals, either copy of which may be considered and 5 used as the original hereof for all purposes, and to be performed 6 7 8 in Vernon, California as of the day of BY AND BETWEEN CITY OF VERNON, a Municipal Corporation (hereinafter referred to as "Vernon") 4305 Santa Fe Avenue Vernon, CA 90058 9 10 11 12 13 AND JAMES B. SHOWS, dba ALERT GUARD SERVICE & PATROL (hereinafter referred to as "Contractor") 2569 Clarendon Avenue Huntington Park, CA 90255 14 RECITALS 15 WHEREAS, this Agreement is made and entered i~to 16 respect to the following facts: 17 A. Contractor is engaged in Huntington Park in the 18 security guard and patrol service business and furnishes 19 crossing guards to the City of Bellon a contractual basis; 20 B. Contractor desires to furnish crossing guards to 21 Vernon on a contractual basis; and 22 23 24 25 26 27 28 C. Vernon desires to enter into an agreement with Contractor for the training and furnishing of crossing guards who will perform in accordance with Vernon's regulations for such guards. NOW, THEREFORE, IN CONSIDERATION OF THE l-1UTUAL COVENANT , PROMISES AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIESHERET AGREE AS FOLLOWS: EXHIBIT a " 1 2 SECTION 1: Term of Agreement The term of this Agreement shall be for a period 3 commencing on June- 1, 1982 through and including June 30, 1983. 4 SECTION 2: Independent Contractor 5 Contractor is an independent contractor and the guards 6 to be furnished by him shall at all times be his employees and 7 not those of Vernon. 8 SECTION 3: Locations and Hours for Crossing Guards 9 Contractor shall furnish such numbers of crossing guards 10 as may be required in writing by the City Administrator so as 11 to provide such guards at the intersections within Vernon 12 designated in writing by him. 13 14 15 16 SECTION 4: Qualifications Contractor agrees that each person serving as a crossing guard shall attend the Southern California Auto Club crossing guard training course prior to commencement of work, at no cost -.. . ... 17 to Vernon. 18 19 20 21 22 23 24 25 26 27 SECTION 5: Contractor to Provide Supervisor; Alternate Guards Contractor shall provide a supervisor to see that all crossing guard posts are ~ed at the required places and times and Contractor shall maintain adequate reserve personnel- to be able to furnish alternate crossing guards in the event any person fails to report for work at the assigned post. SECTION 6: Equipment to be Supplied Vernon shall supply for use by the crossing guards hand-held stop signs. Any foul weather gear or other equipment 28 shall be supplied by Contractor. -2- .. 1 SECTION 7: Compensation to Contractor 2 Vernon shall pay to Contractor the sum of Seven Dollars 3 ($7.00) per hour for each hour worked by Contractor's guards, 4 but not limited to the number of hours per day designated by 5 Vernon for each location. Said payment shall be made.upon 6 written statement to Vernon by Contractor, approved by the City 7 Administrator. 8 SECTION 8: City Representative 9 Vernon's representative in dealing with Contractor 10 be the City Administrator or such person as the City 11 Administrator may designate in writing. 12 SECTION 9: Insurance Requirements of Contractor 13 Contractor shall at all times provide Workers' 14 Compensation insurance covering his employees and shall file 15 with the City Administrator a certificate showing said insurance 16 to be in effect during the term of this Agreement. Further, 17 Contractor shall maintain public liability insurance at $500,000, 18 per occurrence coverage for bodily injury and property damage and 19 that a certificate shall be filed with the City Administr~tor 20 showing said insurance to be in effect during the term of this 21 Agreement. Said certificate shall provide that Vernon be named 22 an additional insured in respect to said coverage and provide 23 for a 30-day cancellation notice. Contractor's failure to 24 furnish the certificates required herein shall cause this 25 contract to be null and void. 26 SECTION 10: Local Telephone 27 Contractor shall at all times maintain a local telephone 28 number for use in connection with providing crossing guards under -3- v' . 1 2 3 4 this Agreement. SECTION 11: Cancellation Either party shall have the right to cancel .this Agreement by giving thirty (30) days' written notice to the 5 other. 6 7 SECTION 12: No Assignment consent of Vernon. Contractor shall not have the right to assign this contract to any other person or firm except with the -written IN WITNESS WHEREOF, the parties hereto have this Agreement the day and year first above written. CITY OF VERNON, Corporation By 15 Leonis C. Malburg, Mayor 16 17 ATTEST: 18 19 BRUCE V. MALKENHORST, CityC!erk 20, 21 22 23 24 25 26 27 28 APPROVED AS TO FORM: DAVIDB. BREARLEY, City Attorney JAMES B. SHOWS,. dba SERVICE & PATROL -4-