00-118 Adult Crossing Guard ServicesCCC.
CITY OF
CUPEI~TINO
November 9, 2000
Mr. Michael Murdter
Director of Roads and Airports
County of Santa Clara
101 Skyport Drive
San Jose, CA 9S 110-1302
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-32SS
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: www.cupertino.org
OFFICE OF THE CITY CLERK
RE: ADULT CROSSING GUARD SERVICES AGREEMENT
Dear Mr. Murdter:
Enclosed are three contracts tagged for your signature. Please sign as indicated and return
two (2) contracts for our files to:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-32SS
Keep the third copy for your files. If there are any questions, I can be reached at 408-777-
3223.
Sincerely,
Marie Preston
Administrative Clerk
cc: Public Works
Panted on Racycled Faper
RESOLUTION NO. 00-259
A RESOLUTION OF THE CITY COUN(:IL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE COUNTY OF
SANTA CLARA AND THE CITY OF CUPERTINO FOR ADULT CROSSING
GUARD SERVICES
WHEREAS, there has been presented to the City Council an Agreement between the County
of Santa Claza and the City of Cupertino for Adult Crossing Guazd Services; and
WHEREAS, the provisions, terms, and co~iditions of the aforementioned amendment to
agreement have been reviewed and approved by the City Attorney and the Director of Public
Works.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 16"' day of October, 2000, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, S~:atton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPRCIVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, City of Cupertino
AGREEMENT BY AND BETWEEN
THE CITY OF CUPERTINO
AND
THE COUNTY OF SANTA CLARA
FOR ADULT CROSSING GUARD SERVICES
This Agreement is made and entered this day of 2000, by and between the City of
Cupertino, a municipal corporation ("City") and the COUNTY OF SANTA CLARA, a political
subdivision of the State ("County"), and is made with respect to the following facts and
circumstances:
RECITALS
A. City and County desire to place an Adult Crossing Guard at the intersection of Stelling
Road and Green Leaf Drive in the unincorporated azea within the City of Cupertino for a
period of one yeaz beginning in August of 2000 ending July, 2001.
B. The total cost of the Adult Crossing Guazd services shall not exceed $7,900, and shall be
paid by the County.
C. City is responsible for employing Adult Crossing Guazd only if City can find and
maintain a qualified individual at actual costs for the Adult Crossing Guard position.
AGREEMENT
1. Job Description: City shall employ and supervise Adult Crossing Guard who shall
perform the following duties:
• Control vehicular traffic at the intersections of Stelling Road and Green Leaf Drive
crosswalks in order to permit school children to cross the street safely when going to
or returning from school.
Agreement by and between.doc
• Protecting children by keeping them i'rom entering and crossing the street until traffic
has been halted.
• May report violations of motorists failing to stop when directed.
2. Cost Reimbursement. County of Santa Clara will reimburse the City for actual cost of
providing available personnel in the performance of Adult Crossing Guard at the current
salary range, including any increases that occurs over the time of this Agreement. Said
reimbursement shall not exceed the sum c-f $7,900.00.
3. Records and Accounts. The City will s~.~bmit all time sheets to indicate dates and time
of services.
4. Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to the subject matter covered hereby, and no other agreement, statement or
promise made by any party, or made to an.y employee, officer or agent of any party with
respect to such matters covered shall be binding.
5. Partial Invalidity. If any term of this agreement is held by a court of competent
jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain
in full force and effect and shall not be affected.
Agreement by and between.doc
6. Governing Law. The parties agree that the law governing this Agreement shall be that
of the State of California.
7. Compliance with Laws. Each party shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state and local government in rendering performance
under this Agreement.
8. Indemnification. City agrees to defend, indemnify and hold harmless County, its
officers, employees and agents against any claim, loss or liability including attorney fees
arising out of or resulting in any from or related to this Agreement, or work or other
things done pursuant to this AGREEMENT, due, in part to the actions or omissions of its
officers, employees, consultants, guests, invitees or agents, including those persons
employed as Adult Crossing Guards.
9. City shall, at its own expense, maintain a program ofself-insurance and/or insurance for
general liability in the amount of at least one million dollars. City shall also provide all
required workers' compensation coverage for the Adult Crossing Guards at City expense.
10. Notices. All notices and other communications required or permitted to be given under
this Agreement shall be in writing and shall be personally served or mailed, postage
prepaid and return receipt requested, addressed to the respective parties as follows:
Agreement by and between.doc
To City: Director, Public Works
City of Cupertino
10300 Toree Avenue
~~upertino, CA 95104-3255
To County: Director, Roads and Airports Department
] O 1 Skyport Drive
~~an Jose, CA 95110-1302
11. Venue. In the event that suit shall be brought by either party to this contract, the parties
agree that venue shall be exclusively vested in the state courts of the County of
Santa Clara.
12. Amendments. This Agreement may only be modified by a written amendment duly
executed by the parties to this Agreement.
WITNESS THE EXECUTION HERE;OF
on the day and year first hereinabove
written.
APPROVED AS TO FORM:
Charles Kilian
City Attorney
APPROVED AS TO FORM AND
LEGALITY:
B~ .~ Q~.n
Name: BRIAN CARR
Title: Deputy County Counsel
"City"
CITY OF CUPERTINO, a municipal
Corporation
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g' ~ - `~ ~-
,, o n Statton, Mayor
"County"
THE COUNTY OF SANTA CLARA, a
political subdivision of the State of
California
By /" / .
Name• ICHAEL MURDTER
Title: irector of Roads and Airports
Agreement by and bctwccn.doc