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CC - Item 4B - Agreement For Crossing Guard ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: August 14, 2012 SUBJECT: AGREEMENT FOR CROSSING GUARD SERVICES SUMMARY The City Council will consider authorization of an agreement with All City Management Services, Inc. (ACMS) for the provision of crossing guard services in conjunction with the Rosemead School District and the Garvey School District. It is the City's intent to partner w ith the local school districts by sharing the costs for these services equally with each of the school districts. Funds to cover the City's share of the annual costs, which total just over $50,000, are contained in the City's Budget for the current 2012 -13 Fiscal Year. Recommendation: That the City Council authorize the City Manager to: 1) Execute an agreement with All City Management Services, Inc. for the provision of crossing guard services; and 2) Execute agreements with the Rosemead School District and the Garvey School District authorizing participation as an equal partner in funding the Crossing Guard Program for the 2012 -13 Fiscal Year. BACKGROUND /ANALYSIS For many years, the City has employed crossing guards near public school sites within the community. The Rosemead School District has consistently partnered with the City by sharing an equal burden of paying the direct costs for these services. However, the Garvey School District has been less consistent in its financial participation for these services. Events and circumstances which have caused the City to re- examine the crossing guard program have included the following: The State's action to eliminate Redevelopment has resulted in a significant loss in revenues to cities. The purpose for this action, as stated by the Governor and the legislature, is to divert financial resources away from local governments in favor of schools and other state - funded programs. ITEM NO. � .- City Council Meeting August 14, 2012 Paae 2 of 3 For the current fiscal year, the City was confronted with a significant budget deficit originally projected to be $3.6 million. As a result, several positions were eliminated from the City's budget including the middle management position of Public Safety Supervisor. The duties of this eliminated position included day -to- day management and supervision of the labor intensive crossing guard program. 3. Over the years, the City has absorbed financial impacts related to the employment of crossing guards such as costs for Worker's. Compensation claims as well as Unemployment Insurance claims during summer months. 4. The City has obtained funds for "Safe Routes to School" traffic - calming infrastructure projects that have been constructed, or will soon be constructed, near school sites. The infrastructure improvement projects include the following: Raised, landscaped "bulb- outs" to narrow road widths and slow traffic at street locations including Emerson /Kelburn, Dorothy /Brighton, Jackson / Egley, two locations on Encinita Avenue; and In- pavement flashing lights with push -button sensors at crosswalk locations including Emerson /Kelburn, Emerson /Prospect, Egley /Jackson, Willard /Fern, Jackson/Whitmore, Mission /Newby; Mission /lvar; Mission /Delta; Muscatel /Scott; Ivar in front of Muscatel Intermediate School; Rush /Angelus; and Speed feedback signs at locations near schools including Walnut Grove Avenue (near Hellman Avenue and Klingerman Street), Emerson Place (between San Gabriel Blvd. and Del Mar Avenue), Del Mar Avenue (between Garvey and Graves Avenues) Ivar Avenue near Muscatel Intermediate School; Mission Drive at Ivar Avenue, Encinita Avenue near Rosemead Park; and Upgrades to street signage, crosswalks, and road safety markings with high visibility paint. 5. As part of the City's Strategic Plan and the 2012 -13 Budget, the City Council has adopted a set of Guidelines for Fiduciary Responsibility, which include the following admonition: "When in doubt, contract out." As has been demonstrated in numerous Southern California cities, "contracting out" for crossing guard services is a cost- effective and financially prudent method of providing labor intensive crossing guard services and the related administrative and supervision demands. City Council Meeting August 14, 2012 Page 3 of 3 Through the City's budget process, the City Council directed staff to obtain competitive bids for crossing guard services from qualified firms that provide these services. Accordingly, City a Request for Proposal (RFP) was distributed to two known firms that provide crossing guard services to cities in Southern California. Proposals were received from ACMS and American Guard Services, Inc. (AGS). The lowest bid was provided by ACMS at $13.36 per hour. (The hourly rate proposed by AGS was $13.89 per hour.) ACMS comes highly recommended by several Southern California jurisdictions including Arcadia, Pasadena, Downey, Bellflower, Montebello, San Marinc and the County of Los Angeles. ACMS has 26 years of experience in providing crossing guard services and currently serves over 130 cities, counties and school districts. It is anticipated that a total of twelve crossing guards will be provided by ACMS, with six positions being deployed at each of the two school districts. The specific locations and times of deployment will be determined by the school districts. If either of the school districts determine that additional crossing guards are needed, then additional crossing guards can be deployed by ACMS at the rate of $13.36 per hour. Additional matching financial contributions by the City to cover a portion of the incremental cost increases would require a Budget amendment approved by the City Council. FINANCIAL IMPACTS The City's Budget for the current 2012 -13 Fiscal Year includes $50,000 for crossing guard services, with equal amounts of approximately $25,000 allocated towards these services in each of the two school districts. It is anticipated that both school districts will function as equal partners with the City in funding these school - related services. Attachments: A--All City Management Services, Inc. proposal B'- Agreement Between the City of Rosemead and All City Management Services, Inc. for Crossing Guard Services C - -Draft Agreement Between the City of Rosemead and the Rosemead School District for Crossing Guard Services D - -Draft Agreement Between the City of Rosemead and the Garvey School District for Crossing Guard Services ATTACHMENT A ''A�1�15 ! �i.l. c,ir� ri�i�.•�c>;l:.tiia:�i ,��:x�ic:r: July 17, 2012 Gloria Molleda, City Clerk City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Ms. Molleda: On behalf of All City Management Services I would like to express our sincere appreciation for the opportunity to respond to the Request for Proposals issued by the City of Rosemead for School Crossing Guard Services. Following a review of the Request for Proposal and Sample Services Contract, All City Management Services, Inc. (ACMS) agrees to all terms, conditions and requirements contained therein. Additionally, ACMS will comply with the insurance requirements outlined by the City. As a full service contractor with 26 years of experience exclusively in this industry, ACMS will successfully assume complete responsibility for all aspects of the day -to -day operations and management of the Crossing Guard program prior to August 29, 2012. This includes supervision, recruitment, background clearance, hiring, training, complaint investigation and payroll functions as well as ongoing communication with both school districts and City of Rosemead representatives. Through our development of locally based supervisors and a full complement of substitute guards, ACMS is able to respond to absences even on short notice. These efforts are complimented by toll free emergency dispatch services 24 hours per day, seven day a week. All aspects of our operation confirm our commitment to meet the high standards of Rosemead and the communities served both expect and deserve. I have enclosed a copy of our "Employee Handbook for School Crossing Guards ". This manual details our Job Requirements, the initial and ongoing Training we provide, including our Site Evaluations, our Rules of Conduct, Crossing Guard Recognition and the Certification Requirements for all Crossing Guards employed by ACMS. We are understandably excited about the possibility to provide School Crossing Guard services to the City of Rosemead If you have any questions, please feel free to contact me at any time (800.540.9290). Sincerely, Harlan Sims Director of Marketing harlan gthecrossingguardcomyany.com 10440 Pioneer Blvd. Suite 5 • Santa Fe Springs, Ca 90670.310- 202 - 8284.800 -540 -9290 • FAX 310- 202 -8325 UH Ll:l'Z� COMPANY PROFILE All City Management Services, Inc. (ACMS), is a California based Corporation founded in 1985. We are the largest provider of School Crossing Guard services, managing both large and small Crossing Guard Programs. We currently employ over 2,400 School Crossing Guards dedicated to safety, serving cities, towns, communities, schools and school districts nationwide. One defining issue that distinguishes ALMS is that we are the only company that exclusively provides School Crossing Guard Services. It is our commitment to limiting the scope and focus of the company to School Crossing Guards that has helped us emerge as "The Crossing Guard Company ". We have successfully privatized the Crossing Guard programs for over 130 agencies. Ultimately our clients become the beneficiaries of our single- minded approach toward this industry. The heart of our business is in assuming responsibility for the task and challenges of conducting a successful Crossing Guard Program. Toward that end, in our typical contractual arrangement we assume responsibility for; recruitment, local hiring, background clearance compliant with Department of Justice standards, initial and ongoing training, payroll and administrative support functions, coordination of assigning qualified substitutes during absences, local supervision, complaint investigation and resolution, communicating with schools and site safety inspections. One of the benefits we bring to any agency is our expertise in overseeing a seamless transition from public to private management of the program. The continuity of the Crossing Guards' employment is a key component of a seamless transition. We value the experiences and understanding of the Crossing Guards currently working in each program we manage. Much of our success with individual programs is a result of the experience and knowledge these Crossing Guards bring to our management. With over 26 years of experience, ACMS leads the Crossing Guard Industry in the development of Crossing Guard standards for training, supervision and safety. We are currently working with several cities in the design, development, use and testing of innovative traffic and safety devices. Each program we have taken on has brought a unique set of issues and challenges. The heart of our success has been our ability to articulate these challenges and experiences into our training, policies and procedures to benefit all Crossing Guards in all the cities, towns and communities we service. Senior Leadership Team: Baron Farwell, President and General Manager Patricia Pohl, Director of Operations Harlan Sims, Director of Marketing Phil Lazalde, Director of Finance Demetra Farwell, Manager, Administrative Services and Corporate Secretary Statement of Qualifications / Experience All City Management Services, Inc. (ACMS) has become the largest private provider of School Crossing Guard services in the Nation. Serving over 130 cities, counties and school districts, we have successfully privatized both large and small Crossing Guard programs. ACMS currently employs over 2,400 Crossing Guards who are supported by over 90 locally assigned Area Supervisors. While the size of our Company reflects our broad -based knowledge and success in the industry, we understand that each agency, school district and community we serve comes with their own set of specific requirements and challenges. Our management team will meet with Rosemead representatives and School District personnel regularly to address needs and ensure all requirements are met. Our ability to service the Rosemead Crossing Guard program is supported by our success in similar programs throughout the State. Examples of the many Southern California clients we serve include the cities of Arcadia, Montebello, Pasadena, San Marino and the County of Los Angeles. Additionally, ACMS performance standards and training procedures are now serving as the model for the forthcoming California Safe Routes to School Crossing Guard Training Guidelines. Another defining component that distinguishes ACMS as the industry leader is our focus on exclusively providing School Crossing Guard services. This singular area of service enables all of our resources to be devoted to the development and delivery of programs that provide exceptionally high safety standards and client satisfaction. Understanding that unexpected absences and tardiness can impact the safety of the children we are charged with protecting, our Crossing Guards are required to notify their Management Team through our Emergency Dispatch Hotline (available to employees 24/7). This process provides assurance that we will have adequate advance notice of potential absences (both planned and unplanned) to respond effectively. Training Summary Training has been a cornerstone in the development and expansion of ACMS. We continue to learn and to incorporate new methods and standards of training into our organization. Our goal has been to elevate the level of and accountability for training throughout our organization. We continue to revise and update our training program, procedures and monitor our results. Our training begins by giving all Crossing Guards a clear understanding of the goals, expectations and responsibilities of a School Crossing Guard. To that end, we have consolidated over 25 years of experiences and information into our "Employee Handbook for School Crossing Guards ". This manual informs and instructs Crossing Guards on a variety of issues including personal conduct, crossing procedures, professional responsibility, emergency procedures, training requirements and problem resolution. Each new and prospective Crossing Guard is issued the handbook to begin the training program. A designated Trainer will oversee this initial training session. They will do active demonstrations, encourage participation and possibly show a training video. Our training goal for this initial session will be to consolidate our fundamental procedures and policies into a 2 to 3 hour time slot. During this initial orientation/training meeting we will focus on key sections of the Employee Handbook including personal conduct, techniques and policies. Another effective training tool we will use during this session is our Field Training Card (see Attachment "A "). The Field Training Card is a pocket size instruction card which gives step by step instruction on our crossing procedures. At the conclusion of the initial training session we: review the work schedule, issue equipment, process and issue picture ID Cards, confirm receipt of contact and call -off procedures. Each new Crossing Guard is then given a minimum of 2 hours in the field instruction, training and observation. From this point forward, training is an ongoing process for all Crossing Guards employed by ACMS. In addition to the normal site visits by the Area Supervisor, all employees receive a follow -up Site Performance Evaluation (see Attachment "B ") 30 to 60 days after their initial employment, training and assignment. The Area Supervisor or a Field Inspector conducts Site Performance Evaluations at the intersection the Crossing Guard normally works. Each Crossing Guard is given a "Site Performance Evaluation." This evaluation is used as an instructional tool to validate correct procedures and correct inappropriate procedures. Any Crossing Guard receiving a low score on a Site Performance Evaluation are re- evaluated within 30 days by another Area Supervisor or Regional Manager. Page 1 (Training cont.) Within the first year of employment all Crossing Guards must also complete Certification. This is a two -part test consisting of a written test ( see Attachment "C ") and a field observation. Each employee must receive a score of 74% or better to successfully pass the written portion of the test. The field observation is an unannounced visit by a Field Inspector or Area Supervisor to observe the Crossing Guard while working. Success at this is point is contingent upon the Guards' ability to give verbal instruction and control the pedestrians. Completion of Safety Certification allows a Crossing Guard to receive any raises that are available in their department. Safety Certification is now valid for 5 years. Page 2 Project Staffing ACMS plans to interview the current Rosemead Crossing Guards and alternates to determine if the City employees meet ACMS hiring criteria. A Transition Meeting will be scheduled approximately two weeks prior to the beginning of the school year. The hiring process is completed during this meeting. To complete the hiring process, the guards will be asked to bring picture identification and Social Security card. Each prospective guard will need to pass DOJ clearance as well as E- Verify. Contractor plans to compensate guards an average hourly rate of $9.25. To meet California Split Shift Wage Law requirements, we anticipate a work 3.0 hours and pay 3.5 hour average schedule. Pat Pohl, our Director of Operations will serve as Project Manager. Pat with over seventeen (17) years in the industry with ACMS; has extensive experience and knowledge in managing and operating a Crossing Guard program, as her resume reflects. Pat has been involved in establishing, implementing and managing over 90 programs inclusive of; the cities of Pasadena, Downey, Compton, Bell Gardens, Norwalk and the Los Angeles County Office of Education. Donna Gage, Operations Manager, will assist the Regional Manager in the management of the Area (Field) Supervisor of the City of Rosemead Program. She has over fifteen (15) years of successful management experience in the industry working for ACMS. Donna has been involved in planning, implementing and managing over 50 programs, ranging in size from 5 to 60 sites. A few of the clients include; Redlands, Highland, Glendora, Adelanto and Fontana. Angelina Orozco, Regional Manager, will have direct oversight responsibility for the Rosemead Program and will manage the local Area Supervisor. Angelina has over 10 years successful management experience in the crossing guard industry for ACMS. We have developed a comprehensive plan for recruitment of new Crossing Guards. As a part of our staffing strategy we maintain a very aggressive recruitment program. We utilize soft advertising, local media advertising, targeted flyers, on -site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy. We often work closely with school districts in our recruitment drives. Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to the Rosemead Program. Staffing sites is one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. Our Pre - Employment Screening Program will meet the requirements outlined in the RFP. Area Supervisors are responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards: Page 3 • Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to I ratio of sites versus alternate guards • We require any guard not reporting for duty to notify ACMS as early as possible utilizing our 24 hour, 7 days a week Guard Hotline or by calling their Area Supervisor directly. Notifications less than (1) hour prior to their starting time are considered unexcused absences; which will initiate disciplinary action. • Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of insuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by the irresponsible act of failing to call or show for duty. • Another strategy we put in place was to form Area Supervisor "Teams." Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together regularly. This cooperative effort allows them to share alternate guards with each other. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards. Our operational management team consists of Area Supervisors, Regional Managers, a Crosscheck Team, Operations Managers and the Director of Operations. Here is a brief synopsis of each team member's responsibilities. Area Supervisors: responsible for the direct management of the crossing guards and alternate staff. They typically hire, train and staff for all the sites they oversee. Supervisors are responsible for site inspections and insuring each employee receives the Site Performance Evaluations and completes the written portion of the Certification Test. Area Supervisors are the first line of communication for the schools, school districts and in some cases the client. All Supervisors report directly to a Regional Manager. Regional Managers: Are usually promoted from the Area Supervisor position by the Operations Manager. They assist in the development and implementation of Training and Safety Certification. They oversee and assist the Area Supervisors in staffing, conducting Site Performance Evaluations and training within designated geographical area. Field Observation / Inspection Team: are an independent team of site inspectors and field trainers. Their primary role is to conduct unannounced field inspections of guards and sites at the request of an Operations Manager or at the direction of the Director of Operations. These crosschecks enable senior management inspection that client requirements and safety standards are met and inspected beyond first line management. Operations Managers (OM): are responsible for the development and implementation of all training programs, safety instruction and information. OM's assist in hiring all Supervisors.. They provide the initial training and orientation for all new programs. OM's oversee the day to day activities of all the Regional Managers and their Area Supervisors. Page 4 Director of Operations: Responsible for the overall operations and client compliance of all Crossing Guard programs. Trains, hires and oversees the day to day activities of all Regional Managers and Operations Managers. The Director works with the Field Observation / Inspection Team and Operations Managers in the development and implementation of all training programs and techniques (See Resume Attachment "D "). Rosemead known ACMS Field Team Members: 800 540 -9290 Angelina Orozco, Regional Manager cell 323 353 4510 angelina@thecrossingguardcompany.com Donna Gage, Operations Manager cell 909 533 9295 donna @thecrossingguardcompany.com Pat Pohl, Director of Operations cell 310 877 -7045 pat @thecrossingguardcompany.com Baron Farwell, President and General Manager cell 310 877 -7336 baron @thecrossingguardcompany.com Page 5 Project Timeline Contract Award City Notifies Guards of Transition Meeting ACMS Transition Meeting Planning with City ACMS 'Rosemead Program' Management Team Meeting / Current guard interviews scheduled ACMS and City Guards Transition Meeting Additional Hiring /Training Requirements delivered ACMS /City contracts / insurance requirements met ACMS Final Check of schedule, equipment distribution and personnel August 14, 2012 August 15 -16, 2012 August 15, 2012 August 16, 2012 August 20, 2012 August 20 -24, 2012 August 22, 2012 August 24 -28, 2012 Crossing Guards on site for assigned shifts August 29, 2012 References We provide Crossing Guard services for each of the following clients listed as a reference: Anahiem Police Department 425 S. Harbor Blvd. Anaheim, CA 92805 714 765 1862 Nancy Galicinao Downey Police Department 10911 South Brookshire Ave. Downey, CA 90241 562 904 2342 Dan Murray Los Angeles County Office of Education 9300 Imperial Highway Downey, CA 90242 626 300 4840 Jalaine Madrid Page 6 (references con't) City of Bellflower 16600 Civic Center Drive Bellflower, CA 90706 562 925 0124 Joel Hockman City of Bell Gardens 8327 South Garfield Ave. Bell Gardens, CA 90201 562 806 7770 John Oropeza Conflict of Interest Statement All City Management Services, Inc. or any Officer or authorized representative of ACMS has no actual, apparent or potential conflict of interest that may exist relative to the services to be provided under any potential Agreement for Crossing Guard services to be awarded pursuant to the Request for Proposal July 19, 2012. ACMS further covenants that we have no interest direct or indirect which would conflict in any manner with performance of services specified the proposed Agreement for Services included in the aforementioned RFP. Claims History ACMS has no claims, demands for arbitration and /or lawsuits from any clients or related to any project contracted for over the past 5 years. ACMS has not filed any claims, demands for arbitration and/or lawsuits filed against any clients or projects we have been involved in over the last 5 years. Page 7 Proposed As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Rosemead Crossing Guard Program. Proposed Hourly Billing Rate: Thirteen dollars and Thirty -six cents ($13.36) per hour, per guard. This pricing is based upon 12 crossing guards compensated for an average of 3.5 hours per day for 180 school days annually. This rate allows us to be in full compliance with California Split Shift Wage Ordinance. Local Field Supervision and a pool of substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 7,560 hours annually we project a Not to Exceed price for contract years one, two and three of: $101,027 We are pleased to offer the City of Rosemead a two year contract extension with a 3% increase for contract years four and five. Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. Rosemead would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City. The hourly rate does not include additional safety equipment, crosswalk delineators or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City. ACMS Contact Information Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290 Fax number: 310.202 -8325 Website address: www.thecrossingguardcompany.com General Manager cellular number: 310.877.7336 Email address: baron @thecrossingguardcompany.com General Manager: Baron Farwell Director of Operations: Patricia Pohl: pat @thecrossingguardcompany.com Director of Marketing: Harlan Sims: harlan @thecrossingguardcompany.com Director of Finance: Phil Lazalde: phil @thecrossingguardcompany.com 10440 Pioneer Blvd. Ste 5 • Santa Fe Springs, Ca 90670.800 -540 -9290 • FAX 310 - 202 -8325 Attachments Attachment W Field Training Card ALL CITY MANAGEMENT SERVICES, INC. FIELD TRAINING CARD L Cross all pedestrians who allow you to cross them safely. If they follow your instructions, they can be crossed safely. 2. Give all pedestrians instructions to wait until called. 3. Give all pedestrians instructions to look both ways. 4. Give students instructions to walk bikes, skateboards, etc. 5. Wait for ped signal or break in traffic before leaving curb. 6. Look LEFTIRIGHT -LEFT before leaving curb. 7. Before lea ng the curb give peds verbal instructions to wait until calle Also hold up your free hand in a STOP command to all peds including those on opposite side of the street. 8. As you leave the curb, turn towards peds AGAIN and repeat instructions to wait. Continue to show STOP command to all peds including those on opposite side of street. 9. When safe to do so, bring pedestrians into crosswalk with verbal command only — no hand signals to move forward. 10. Maintain position primarily along the edge of the crosswalk nearest to and facing the center of intersection. 11. Always use two- handed cross with sign over head and free hand extended horizontally and showing the STOP signal. 12. Prevent vehicles from entering crosswalk with extra attention to the dangers of vehicles that are turning. 13. Continue to keep the crosswalk secured until all peds have reached the safety of the sidewalk. 14. Use whistle for EMERGENCY only — one long LOUD blast. 15. Never direct traffic — all visible signals must be STOP only. REV: 8 -09 TARJETA DE ENTRENAMIENTO 1. Cruce a todos los peatones que se to permitan con seguridad 2. De instrucciones a los peatones, Para que esperen en la esquina, hasta que los Ilame para cruzar _ 3. De instrucciones a los peatones Para que miren Para ambos lados antes de cruzar 3. De instrucciones a los estudiantes, Para que se bajen de las bicicletas y/o patines 5. Espere por la sepal, o interruption en el trafico, antes de bajar a la calle i. Mire IZQUIERDA- DERECHA- IZQUIERDA antes de bajar a la calle 7. Antes de bajar a la calle, de instrucciones a los peatones, pars que esperen hasta que los Ilame. Use su mano libre Para detener a los peatones que estan en la vereda o uesta: 3. Cuando este bajando a la calle, dele vuelta para indicarles a los peatones (nuevamente) que esperet hasta que los Ilame: Continue deteniendo con su mano libre a los incluyendo Jos que estan en la vereda opuesta. J. Cuando sea seguro, Ilame (verbalmente) a los peatones a cruzar, no los Ilame con senales de mano. .0. Mantenga su posici6n de control en la linea cercana al centro de la intersecci6n. .1. Siempre use las dos manos, con la sepal de "STOP" por encima de su cabeza y la ona mano extendida horizontalmente y en la posici6n de pare. 2. Prevenga que vehiculos entren en la intersecci6n, sobre todo a los que estan Para doblar. 3. Mant6ngase en su posici6n de control de la intersecci6n, hasta que todos los peatones esten en lavereda. 4. Use el silbato solo en casos de emergencia — on silbatazo largo 5. Nunca dirija el trafico de vehiculos — la 6nica serial visible es la de PARE REV 8/09 Attachment W . Site Performance Evaluation i' All City Management Services, Inc. SITE PERFORMANCE EVALUATION EMPLOYEE NAME (Print) City / Dept Code Status: REG ALT S = SELDOM: Employee seldom performs the task at an acceptable level to meet position standards. Immediate improvement in performance is mandatory. U = USUALLY: Employee usually performs the task at an acceptable level to meet position standards. Performance demonstrates understanding of duties but improvement is necessary. A = ALWAYS: Employee consistently performs the task at a level that meets position standards. Performance is fully acceptable and demonstrates commitment to duties Must achieve and maintain a "Yes' grade indicating full compliance with items 1 -5 in Section A: Mandatory Compliance. Must achieve and maintain minimum of "Usually" grade in Section B, C and D. Failure to achieve and maintain these grades will result in further disciplinary action up to and including termination of employment.- A. MANDATORY COMPLIANCE must score YES on 1 -5 or receive mandatory disciplinary action NO YES 1. Does guard cross all pedestrians who will allow themselves to be crossed safely? 1. Does guard give all peds clear instructions to wait until called and to look both ways before leaving the curb? 2. Does guard attempt to hold all peds to curb on both sides of the street until guard takes control of the crosswalk? 2. Does guard control use of bicycles, scooters, skateboards and /or rollerblades in crosswalk? 3. Does guard make second attempt to hold to the curb those peds who do not comply with the first attempt? 4. Does guard enter the intersection far enough to assume and maintain control of the crosswalk? 5. Is guard alert, attentive (no phone, reading, visitors, etc) and at the crosswalk when not actively crossing? 4. Does guard have all peds safely on the sidewalk before giving up control of the crosswalk? B. PEDESTRIAN CONTROL S U A 1. Does guard give all peds clear instructions to wait until called and to look both ways before leaving the curb? 2. Does guard control use of bicycles, scooters, skateboards and /or rollerblades in crosswalk? 3. Does guard refrain from using hand signals (other than stop) and give only voice commands to peds? 4. Does guard have all peds safely on the sidewalk before giving up control of the crosswalk? C. INTERSECTION CONTROL 1. Does guard wait for prompt signal or adequate break in traffic before starting the cross? 2. Does guard look left- right -left for vehicles before stepping from curb? 3. Does guard continue to look in all directions for vehicles approaching the crosswalk during the entire cross? 4. Does guard maintain position primarily at edge of the crosswalk nearest to and facing center of intersection? 5. Does guard use two- handed cross with free hand extended in STOP signal to control peds and vehicles? 6. Does guard hold the STOP sign high above their head for entire time they are in the intersection? 7. Does guard refrain from directing traffic under all circumstances? D. PERSONAL CONDUCT 1. Does guard wear company- issued hat with logo? 2. Does guard otherwise conform with proper uniform (clean /closed vest, ID badge, proper shoes and clothing)? 3. Does guard give adequate notice in advance of requesting time off? 4. Does guard demonstrate the necessary strength and agility to perform job safely? COMMENTS: I have discussed my performance scores with my evaluator. I understand that if I disagree with my scores, I may submit a letter to the Main Office stating my objections (see Employee Handbook for further details). Employee's Signature Date Evaluator's Signature Date M�T�^ On this date my evaluator and I discussed the potential for trip and fall injuries and I was reminded to always use the curb cuts. L I understand I should periodically check for potential safety hazards and report them to my supervisor and /or complete and - submit the Injury and Illness Prevention Pro ram form supplied in my Employee Handbook. REV: 811 Attachment C Crossing Guard Certification FINAL GRADE: % ALL CITY MANAGEMENT SERVICES, INC. SCHOOL CROSSING GUARD CERTIFICATION — Part One PRINT YOUR NAME YOUR SUPERVISOR'S NAME CITY WHERE YOU WORK 1. In addition to the Identification Badge and whistle, what three items are issued by the company to every Crossing Guard and must be used AT ALL TIMES while on duty? I C. 2. Crossing Guards must give two different safety instructions to all pedestrians before they enter the crosswalk. List those two instructions: 0 3. Crossing Guards should enter the intersection a. before the pedestrians enter the crosswalk b. at the same time as pedestrians enter the crosswalk c. following pedestrians into the crosswalk at a safe distance 4. Crossing Guards should be positioned in the crosswalk a. along.the•edge of the crosswalk nearest to (and facing) the center of the intersection b. along the edge of the crosswalk and facing the pedestrians 5. Crossing Guards must cross a. only elementary school children attending the school they are assigned to b. all pedestrians who allow the guard to cross them safely c. only unaccompanied students and mothers with small children 6. For this question, circle ALL answers that are correct. Crossing Guards who are requesting to be absent from their duties a: Must request the time off from their supervisor as soon as possible b. Must request time off at least 48 hours in advance to qualify for a "Request for Time Off " TODAY'S DATE c. Will be charged with an "Absence" if requesting time off with less than 48 hours notice Attachment ED Key Personnel Resume PROFESSIONAL DEVELOPMENT Patricia J. Pohl Director of Operations All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 Currently serving on: California Crossing Guard Training Expert Review Panel Safe Routes to School Technical Assistance Resource Center (SRTS TARC), a project of California Active Communities within the California Department of Public Health (CDPH) In partnership with the California Department of Transportation, SRTS TARC is currently developing a statewide school crossing guard training curriculum in an effort to develop standardized training materials that will provide guidance and promote consistency in the operation of local school crossing guard programs throughout the state. I am the only member from the private sector invited to participate in this important project. Other panel members represent such entities as California Safe Routes to School, California Department of Public Health, California Highway Patrol, local Police Departments, etc. Currently retained as: Consultant to Safe Routes to School Technical Assistance Resource Center Asked to serve as topic expert and editor of all training materials contained in the California School Crossing Guard Training Guidelines currently under development. Retained as: Expert witness for the law firm of McCormick and Mitchell, San Diego, California Riverside County Superior Court Hernandez v. City of Indio February 2012 Successful completion of: Florida School Crossing Guard Trainer Certification Florida School Crossing Guard Training Program Certification Florida Department of Transportation Deland, Florida On two separate occasions, successfully completed two -day (two -day (16 hour) course of study under the direction of the Florida Department of Transportation. Received Certified Trainer status in their nationally recognized program focused on safety training for School Crossing Guards. Credentials initially issued: January 2001 Renewal of credentials: October 2012 PROFESSIONAL DEVELOPMENT Patricia J. Pohl Pagetwo Successful completion of: Training the Trainer Seminar Fred Pryor Seminars, Inc. Oak Park, Illinois Successfully completed two -day (12 hour) seminar directed at building an effective approach to training individuals who are then responsible for conducting employee training sessions. Successful completion of: How to Design a Training Program (So That Anyone Can Present it Successfully) Padgett Thompson Seminars Anaheim, California Successfully completed one -day seminar focusing on strategies for developing a successful training program. Included independent study in Turning Training into Learning (How to Design and Deliver Programs that Get Results) Furjanic and Trotman Successful completion of: The Conference on OSHA Compliance Pasadena, California Seminar format designed to assist employers in bringing greater safety to the workplace. Cooperative research effort with: Dr. Sheila Sarkar, Director California Institute of Transportation Safety (CITS) Dept. of Civil and Environmental Engineering San Diego State University San Diego, California Based on industry knowledge and reputation, I was invited to participate in the development and distribution of a research project studying crossing guard safety issues. Ongoing participation in: PEDNET mail -list dedicated to issues of pedestrian safety. Contributors include professional consultants, researchers, government pedestrian coordinators, pedestrian rights activists, walking advocates, elected officials, writers, disability experts, road engineers, planners, and general- interest individuals representing over 15 countries worldwide. PATRICIA J. POHL 21896 Red River Drive Lake Forest, CA 92630 (310) 877 -7045 WORK HISTORY 2010 to present All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, California 90670 Director of Operations: Responsible for directing the efforts of five Operations Managers and 76 Area Supervisors in the successful implementation of all Company policies and procedures related to field operations. Responsible for development, implementation and compliance for all Training Programs as well as the Safety Certification standards for all Crossing Guards. 1998 to 2010 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, California 90670 Operations Manager / Safety Director: Accountable for management of field operations company -wide. Responsible for development, implementation and compliance for all Training Programs as well as the Safety Certification standards for all Crossing Guards. 1994 to 1998 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, California Area Supervisor: Responsible for hiring, training, coordinating and scheduling 35 -40 school crossing guards. Serve as company liaison to city governments, school districts and community. 1986 to 1994 Saddleback Valley Unified School District Mission Viejo, California Substitute Office Clerk. Employed on an as- needed basis. Also served as a volunteer at the site and district levels. Elected by parent population as their representative on various School Site Councils for six consecutive years. Continue to serve in this capacity. 1981 to 1983 Gino's Inc. / PhilMar Inc. King of Prussia, Pennsylvania Restaurant Manager. Responsible for all aspects of fast food unit including hiring, training and scheduling of hourly employees, budget controls, ordering and receiving all supplies, cash controls, quality control, employee evaluations, public relations, etc. Consistently received "outstanding" evaluations. r ' Patricia J. Pohl Page 2 1979 to 1981 Hazelton Broadcasting Company Hazelton, Pennsylvania Advertising Account Representative. Sales and service of radio advertising accounts requiring self - motivation, time management, organizational skills and ability to work well with people. 1974 to 1979 Iowa State University Ames, Iowa Administrative Assistant. Assisted Director of a large mid - western university job placement office. Coordinated visits of corporate recruiters, counseled students, initiated correspondence, recorded and tabulated statistical data for national reports as well as being responsible for day to day office functions. 1972 to 1974 Commissioned Officers' Mess US Naval Station, Mayport, Florida Assistant Manager. Supervised 20 -25 employees for naval installation dining room/lounge/banquet facility. Responsible for work schedules, hiring and training new employees, cash controls, ordering, inventory controls, billing, booking private parties as well as all duties of manager in his absence. 1970 to 1972 Albany County Mental Health Clinic Albany, New York Office manager. Coordinated clinical setting involving eight M.D.'s and support staff. Served as liaison between clinic and various county agencies using clinic services. requiring decision making in emergency situations. General office duties. 1967 to 1968 St. Francis Hospital Hartford, Connecticut Secretary. Secretarial and receptionist duties for Director of Dietetics at large urban hospital. General office duties. EDUCATION High School: South Kortright Central School, South Kortright, NY Graduated in upper 10% of class with Regent's Diploma in college preparatory courses. Technical Training: School of Inhalation Therapy, Fox Hospital, Oneonta, NY Attended 1968 -69. Not currently certified. Donna P. Gage 6808 J. C. Road, Riverside CA 92509 (909.533.9295) donna @thecrossingguardcompany.com WORK HISTORY 09/2008 to present All City Management Services, Inc. 10440 Pioneer Boulevard, Suite 5 Santa Fe Springs, CA 90670 Operations Manager: Responsible for the management of field operations, including the supervision of two Regional Managers and 21 Area Supervisors overseeing more than 560 School Crossing Guards to achieve and maintain the highest degree of safety for the communities and clients we serve. 10/2006 to 09/2008 All City Management Services, Inc. 10440 Pioneer Boulevard, Suite 5 Santa Fe Springs, CA 90670 Assistant Operations Manager: Worked to develop and implement compliance standards in the training programs within the company for Area Supervisors in an effort to achieve the standards of excellence in the safety certification and day to day operations of all School Crossing Guards. 10/1998 to 10/2006 All City Management Services, Inc. 10440 Pioneer Boulevard, Suite 5 Santa Fe Springs, CA 90670 Area Supervisor: Day to day supervision of 45 crossing guards. Recruit, hire, train and coordinate the assignment of personnel. Conduct proper orientation, training, field instruction and ongoing safety review of employees. Complete and submit required administrative paperwork (including payroll documents) in a timely manner. 11/1997 to 10/1998 All City Management Services, Inc. 10440 Pioneer Boulevard, Suite 5 Santa Fe Springs, CA 90670 Crossing Guard: Responsible for providing enhanced safety for all pedestrians at assigned crosswalk. 09/1996 to 06/1997 First Lutheran School 9315 Citrus Ave. Fontana, CA 92335 Substitute Teacher/ Teachers Aide: Worked under the direction of a teacher in the class room for grades I and 2 and was a substitute teacher for grades kindergarten through 2nd grade as needed. EDUCATION 1973 High School Graduate of Bloomington High School, Bloomington CA 1973 Attended 1 year of Valley College, San Bernardino CA Angelina Orcluo 4370 York Blvd. Los Angeles, Ca. 90041 (323) 391 -5168 angelina @thecrossingguardcompany.com WORK HISTORY 2011 to present All City Management Services, Inc. 10440 Pioneer Boulevard, Suite 5 Santa Fe Springs, CA 90670 Regional Manager: Worked to develop and implement compliance standards in the training programs within the company for Area Supervisors in an effort to achieve the standards of excellence in the safety certification and day to day operations of all School Crossing Guards. 09/1990 to 06/2011 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, CA 90035 Area Supervisor: Day to day supervision of 30 crossing guards. Recruit, hire, train and coordinate the assignment of personnel. Conduct proper orientation, training, field instruction and ongoing safety review of employees. Complete and submit required administrative paperwork (including payroll documents) in a timely manner. 09/1989 to 10/1989 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, CA 90035 Crossing Guard: Responsible for providing enhanced safety for all pedestrians at assigned crosswalk. 1980 to 1989 Women's Ready to Wear 4235 Verdugo Rd. #2 Los Angeles, Ca. 90065 Sales Person: Responsible for purchase of clothing used for sale, organized and booked parties in private homes. 1972 to 1979 Bland and Associates San Diego, CA Office Clerk: Duties included typing, filing, handled telephones, light bookkeeping. EDUCATION 1971 High School Graduate, Kearny High School, San Diego, CA. 1971 to 1972 Attended I year at San Diego City College, San Diego, CA. 1972 to 1973 Attended I year at San Diego Career College, San Diego, CA. ATTACHMENT B AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES This AGREEMENT made and entered into this August XX, 2012, by and between the CITY OF ROSEMEAD a municipal corporation, hereinafter called the "City ", and ALL CITY MANAGEMENT SERVICES, INC., hereinafter called the "Contractor "; WITNESSETH The parties hereto have mutually covenanted and agreed as follows: 1. This Agreement is for a three year period which commences August 14, 2012 and ends on June 30, 2015 and for such term thereafter as the parties may agree upon. 2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. 3. (a) The Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City and the Crossing Guards to be furnished by the Contractor shall at all times be its employees and not those of the City. The Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the City. (b) The personnel performing the services under this Agreement on behalf of the Contractor shall at all times be under the Contractor's exclusive direction and control. Neither the City, nor any elected or appointed boards, officers, officials, employees or agents of the City, shall have control over the conduct of the Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. The Contractor shall not at any time or in any manner represent that the Contractor or any of the Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of the City. (c) Neither the Contractor, nor any of the Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to the City's employees. The Contractor expressly waives any claim the Contractor may have to any such rights. 4. The City's representative in dealing with the Contractor shall be designated by the City. 5. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this Agreement. 6. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. 1 7. In the performance of their duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the requirements of this Agreement and the laws and codes of the State of California and the City of Rosemead. 8. Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of The State of California and the City of Rosemead pertaining to general pedestrian safety in school crossing areas. 9. Crossing Guard Services shall be provided by the Contractor at the designated locations on all days in which the designated schools in the City of Rosemead are in session. The Contractor also agrees to maintain communication with the designated school to maintain proper scheduling. 10. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary. 11. The Contractor shall at all times provide workers' compensation insurance covering its employees consistent with California law, and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the City as well as the Rosemead School District and the Garvey School District a Certificate of Insurance naming the City and the School Districts and their respective officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $5,000,000.00 per occurrence for bodily injury, personal injury, and property damage and the general aggregate limit shall be not less than $6,000,000. Such insurance shall be primary with respect to any insurance maintained by the City and the School Districts and shall not call on the City's or School District's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled reduced in coverage or limits or non - renewed except after thirty (30) days written notice by Certified Mail, Return Receipt Requested has been given to the City Manager, or designee for the City of Rosemead. In the event of the cancellation of such insurance, the Contractor shall obtain insurance at the levels required in this Section within fifteen (15) days of the cancellation date. 12. Contractor agrees to indemnify the City as well as the Rosemead School District and the Garvey School District, their respective officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims for damages to persons or property, penalties. obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or otherwise occurring as a result of Contractor's services under this Agreement, or the intentional or negligent acts, errors, or omissions of Contractor, its agents, employees, subcontractors, or invitee, provided for herein, or allegedly caused by the performance or failure to perform by Contractor of the Contractor's obligations or omissions. a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith. t b) Contractor will promptly pay any judgment rendered against City as well as the Rosemead School District and the Garvey School District their respective officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. C) In the event City, the Rosemead School District, or the Garvey School District their respective officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligence of Contractor hereunder, Contractor agrees to pay City, or the Rosemead School District, or the Garvey School District, its officers, agents, or employees, any and all costs and expenses incurred by City or the School District, their respective officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees. 13. Either party shall have the right to cancel this Agreement by giving sixty (60) days written notice to the other. 14. The Contractor shall not have the right to assign this Contract to any other person or firm except with the prior written consent of the City. 15. The City agrees to pay the Contractor for the services rendered pursuant to this Agreement the sum of Thirteen Dollars and Thirty -six Cents ($13.36) per hour, per guard during years 1 through 3 of the contract period. 16. The City of Rosemead shall have an option to renew this contract for an additional two year term. In the event that this Agreement is extended beyond June 30, 2015, the price per hour shall be subject to a 3% increase. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. City of Rosemead By Signature Print Name and Title Date All City Management Services, Inc. By D. Farwell, Corporate Secretary Date ATTACHMENT C 011 CROSSING GUARD PROGRAM AGREEMENT SCHOOL DISTRICT: Rosemead School District ADDRESS: 3907 Rosemead Blvd. , Rosemead, CA 91770 PHONE: (626) 312 -2900 This AGREEMENT made and entered into this 1 day of July, 2012 by and between the City of Rosemead hereinafter called "CITY" and the Rosemead School District hereinafter called the "DISTRICT." WHEREAS, the City and the District are committed to facilitating student pedestrian safety; and WHEREAS, historically the City and the District have each contributed financial and human resources towards the establishment and operation of a crossing guard program to facilitate student pedestrian safety; and WHEREAS, the City and the District desire to continue their partnership effort in maintaining a crossing guard program through shared financial contributions towards the operations of the program. WITNESSETH: The parties hereby contract and agree as follows 1. Crossing Guard Program. The City shall furnish to the District for the amount described in this Agreement, six (6) fully trained crossing guards to serve at school sites in assisting with student pedestrian safety. The crossing guards will be deployed at locations and times determined by the District. 2. School Resource Officer Program Description. The City will contract with a private company that specializes in the provision of school crossing guard services. The company will deploy crossing guards at the locations prescribed by the District. The contractor will be responsible for all aspects of the day -to- day operations and management of the crossing guard program including recruitment, background clearance compliant with Department of Justice standards, hiring, training, provision of required equipment and supplies, supervision, complaint investigation, payroll and administrative support. The contractor will also establish on -going communications with the District for operation of the program. Through its management and supervisory staff, the contractor will provide a full complement of substitute crossing guards to be able to respond to absences on short notice. These efforts will be facilitated by toll free emergency dispatch services 24 hours a day, seven days a week. Crossing Guard Program Agreement July 1, 2012 Page 2 of 4 3. Compensation and Hours Provided. The hourly billing rate for this Agreement shall be $13.36 per hour at an average of 3.5 hours per day for 180 school days annually. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2012 and ending June 30, 2013. 5. Payment schedule: Payments from the District to the City shall be made in two installments at the end of each semester, with the first payment to be made in January of 2013 and the second payment to be made in May of 2013. Based on an estimate of 180 school days the amounts of the two biannual checks are anticipated to be twelve thousand six hundred and twenty -eight dollars and thirty - seven cents ($12,628.37). The total anticipated annual payment to the City by the District is $25,256.75. 6. Hold Harmless and Indemnification: District and City shall indemnify, defend and hold harmless each other and their respective officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of either agency or their officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which the District or City, their officers, employees, or agents possess pursuant to California Civil Code Section 2778. 7. Insurance: The City and the District, their elected and appointed officers, employees, and agents shall be named as "additionally insured" on the contractor's insurance for the performance of this Agreement and the contractor shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 8. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 9. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: Crossing Guard Program Agreement July 1, 2012 Page 3 of 4 If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Amy Enomoto- Perez, Superintendent 3907 Rosemead Blvd. Rosemead, CA 91770 10. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. 11. Administration: This Agreement shall be administered by the City through its City Manager and /or his /her designee. This Agreement shall be administered by District through its Superintendent and /or his /her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved by: Jeff Allred, City Manager ROSEMEAD SCHOOL DISTRICT Approved by: Amy Enomoto- Perez, Superintendent Attest: Gloria Molleda City Clerk Date Crossing Guard Program Agreement July 1, 2012 Page 4 of 4 Approved as to Form: Rachel Richman City Attorney ATTACHMENT D DRAFT CROSSING GUARD PROGRAM AGREEMENT SCHOOL DISTRICT: Garvey School District ADDRESS: 2730 Del Mar Avenue, Rosemead, CA 91770 PHONE: (626) 307 -3404 This AGREEMENT made and entered into this 1 st day of July, 2012 by and between the City of Rosemead hereinafter called "CITY" and the Garvey School District hereinafter called the "DISTRICT." WHEREAS, the City and the District are committed to facilitating student pedestrian safety; and WHEREAS, historically the City and the District have each contributed financial and human resources towards the establishment and operation of a crossing guard program to facilitate student pedestrian safety; and WHEREAS, the City and the District desire to continue their partnership effort in maintaining a crossing guard program through shared financial contributions towards the operations of the program. WITNESSETH: The parties hereby contract and agree as follows 1. Crossing Guard Program. The City shall furnish to the District for the amount described in this Agreement, six (6) fully trained crossing guards to serve at school sites in assisting with student pedestrian safety. The crossing guards will be deployed at locations and times determined by the District. 2. School Resource Officer Program Description. The City will contract with a private company that specializes in the provision of school crossing guard services. The company will deploy crossing guards at the locations prescribed by the District. The contractor will be responsible for all aspects of the day -to -. day operations and management of the crossing guard program including recruitment, background clearance compliant with Department of Justice standards, hiring, training, provision of required equipment and supplies, supervision, complaint investigation, payroll and administrative support. The contractor will also establish on -going communications with the District for operation of the program. Through its management and supervisory staff, the contractor will provide a full complement of substitute crossing guards to be able to respond to absences on short notice. These efforts will be facilitated by toll free emergency dispatch services 24 hours a day, seven days a week. Crossing Guard Program Agreement July 1, 2012 Page 2 of 4 3. Compensation and Hours Provided. The hourly billing rate for this Agreement shall be $13.36 per hour at an average of 3.5 hours per day for 180 school days annually. 4. Term. The term of this Agreement shall be for the period of twelve months, beginning July 1, 2012 and ending June 30, 2013. 5. Payment schedule: Payments from the District to the City shall be made in two installments at the end of each semester, with the first payment to be made in January of 2013 and the second payment to be made in May of 2013. Based on an estimate of 180 school days the amounts of the two biannual checks are anticipated to be twelve thousand six hundred and twenty -eight dollars and thirty - seven cents ($12,628.37). The total anticipated annual payment to the City by the District is $25,256.75. 6. Hold Harmless and Indemnification: District and City shall indemnify, defend and hold harmless each other and their respective officers, employees, and agents, from any and all liabilities, claims, debts actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage, or other case based or asserted upon any act or omission arising out of or in any manner connected with their performance of this Agreement, or arising from the relationship between the parties to this Agreement, except for acts of negligence or willful misconduct on behalf of either agency or their officials, employees, or agents. Nothing contained in this Agreement shall limit any and all rights, which the District or City, their officers, employees, or agents possess pursuant to California Civil Code Section 2778. 7. Insurance: The City and the District, their elected and appointed officers, employees, and agents shall be named as "additionally insured" on the contractor's insurance for the performance of this Agreement and the contractor shall furnish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. 8. Entire Agreement: This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 9. Notices: Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: Crossing Guard Program Agreement July 1, 2012 Page 3 of 4 If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Sandra Johnson, Superintendent 2730 Del Mar Avenue Rosemead, CA 91770 10. Waiver: Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. 11. Administration: This Agreement shall be administered by the City through its City Manager and /or his /her designee. This Agreement shall be administered by District through its Superintendent and /or his /her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved by: Jeff Allred, City Manager Attest: Gloria Molleda City Clerk GARVEY SCHOOL DISTRICT Approved by: Sandra Johnson, Superintendent Date Crossing Guard Program Agreement July 1, 2012 Page 4 of 4 Approved as to Form: Rachel Richman City Attorney