HomeMy WebLinkAboutItem #06 School Crossing GuardCOOPERATIVE AGREEMENT FOR SCHOOL CROSSING GUARDS
This Agreement is made by and between:
City of Pocatello, a municipal corporation of Idaho (hereinafter "Pocatello")
and
City of Chubbuck, a municipal corporation of Idaho (hereinafter "Chubbuck")
FACTS
A. Pocatello and Chubbuck lie within the boundaries of School District 25
(hereinafter "SD 25") which provides the kindergarten through grade twelve education in the
area.
B. Certain of the elementary schools require school crossing guards at specific times
of the day to maximize the safety of children.
C. Pocatello contracts for its school crossing guards and splits the cost with SD 25
which pays one-half of the cost.
D. Within Chubbuck, only one elementary school, Ellis Elementary at 11888 North
Whitaker Road, requires school crossing guards.
E. Chubbuck has requested and Pocatello has agreed to include the crossing guards
for Ellis Elementary under Pocatello's crossing guards' contract.
NOW THEREFORE in consideration of covenants set forth herein, Chubbuck and
Pocatello agree as follows:
1. The term of this Agreement shall be from July 1, 2021 through June 30, 2022, and
shall thereafter automatically renew from year-to-year until modified or terminated as provided
COOPERATIVE AGREEMENT FOR SCHOOL CROSSING GUARDS - Page 1
herein.
2. Pocatello agrees to arrange for school crossing guards at Ellis Elementary as
requested from time -to -time by SD 25. Chubbuck acknowledges that Pocatello will make said
arrangements as an accommodation to Chubbuck.
3. Chubbuck shall reimburse Pocatello fifty percent (50%) of the cost of the crossing
guards at Ellis Elementary and Pocatello, in accordance with its arrangements for other crossing
guards in Pocatello, will collect the other fifty percent (50%) of the costs from SD 25.
4. Chubbuck agrees to save and hold harmless Pocatello from any claims, demands,
rights or causes of action, property damage, personal injury, costs, expenses and compensation
whatsoever which arises out of Chubbuck's or its employees' negligence or willful conduct while
performing duties pursuant to this Agreement. Pocatello agrees to save and hold harmless
Chubbuck from any claims, demands, rights or causes of action, property damage, personal
injury, costs, expenses and compensation whatsoever which arises out of Pocatello's or its
employees' negligent or willful conduct while performing duties pursuant to this Agreement.
5. This Agreement may be terminated at any time upon thirty (30) days written
notice by either party hereto to the other, unless Pocatello's contract with the crossing guard
provider requires a longer notification period in which case that notification period shall control.
6. This Agreement shall be interpreted in accordance with the laws of the State of
Idaho. Jurisdiction shall be the Sixth Judicial District of the State of Idaho, Bannock County.
7. This writing embodies the entire agreement of the parties, and they expressly
acknowledge that there are not promises, terms, conditions or obligations other than those
contained in this Agreement. All previous or contemporaneous communications,
COOPERATIVE AGREEMENT FOR SCHOOL CROSSING GUARDS - Page 2
representations, or agreements, either verbal or written, between the parties are superseded by
this Agreement.
8. This Agreement shall not be assigned or transferred.
9. Any notice provided under the terms of this Agreement shall be effective upon its
placement in the United States mail, first-class postage paid, directed to the appropriate entities
as follows:
City of Pocatello
P0Box 4169
Pocatello, ID 83205
City of Chubbuck
P d Box 5604
Chubbuck, ID 83202-0006
10. If an action is brought to enforce the terms or provisions of this lease, or to
enforce forfeiture for default, or to collect damages for breach, the prevailing party in such action
shall be entitled to recover from the losing party reasonable attorney fees together with costs
authorized by law.
11. If any provision or portion of any provision of this Agreement shall be deemed
illegal or unenforceable by a court of competent jurisdiction, the unaffected provisions or
portions thereof shall remain in full force and effect.
COOPERATIVE AGREEMENT FOR SCHOOL CROSSING GUARDS - Page 3
IN WITNESS WHEREOF, the parties have set their hands this ZO day of June, 2 02 1.
ATTEST:
' (f qTty'Clerk
ATTEST:
Joey S, City Clerk
APPROVED AS TO FORM AND CONTENT:
CITY OF POCATELLO, a municipal
corporation of Idaho
By
Brian C. Blad, Mayor
CITY OF CHUBBUCK, a municipal
corporation of Idaho
B A f,-jer&j
Y
Kevin B. England, Mayor
COOPERATIVE AGREEMENT FOR SCHOOL CROSSING GUARDS - Page 4