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CC - Item 4D - Annual Cost Sharing Agreements with School Districts for Crossing Guard ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, DATE: CITY MANAGER ?4� SEPTEMBER 24, 2013 SUBJECT: ANNUAL COST SHARING AGREEMENTS WITH SCHOOL DISTRICTS FOR CROSSING GUARD SERVICES SUMMARY The City Council will consider authorization of partnership agreements with the Rosemead School District and the Garvey School District for crossing guard services for the current fiscal year. Funds to cover the City's share of the annual costs, which total approximately $55,000, are contained in the City's 2013 -14 Fiscal Year Budget. Recommendation: That the City Council authorize the City Manager to execute agreements with the Rosemead School District and the Garvey School District as equal partners in funding the crossing guard services for the 2013 -14 Fiscal Year. BACKGROUND /ANALYSIS For many years, the City has employed crossing guards hear public school sites within the community. Over the years, the Rosemead School District has consistently partnered with the City by sharing an equal burden of paying the direct costs for these services. Also, last year the Garvey School District resumed paying its equal share of costs for crossing guard services within its district boundaries. In August of 2012, the City entered into a three -year contract with All- American Management Services (ACMS) for crossing guard services as the result of a competitive bidding process. The services are provided by ACMS at the rate of $13.36 per hour. A total of thirteen crossing guards are provided by ACMS, with six positions deployed at Rosemead School District sites, and seven positions deployed at Garvey School District sites. Costs are shared equally by the City and each of the participating school districts. FINANCIAL IMPACTS The City's Budget for the current 2013 -14 Fiscal Year includes $55,000 for crossing guard services, with proportionate costs shared by the two participating school districts. Attachments APPROVED FOR CITY COUNCIL AGENDA: ITEM N®. MAYOR: POLLY Low MAYOR PRO TEM: WILLIAM ALARCON COUNCIL MEMBERS: SANDRAARMENTA MARGARET CLARK STEVEN LY July 25, 2013 3 0 ' ' 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 Dr. Amy Enomoto- Perez, Superintendent Rosemead School District 3907 Rosemead Blvd. Rosemead, CA 91770 Dear D . Enclosed is the agreement between the District and the City for the continuation of Crossing Guard Services for the upcoming 2013 -14 school year. The crossing guard services provided by All- American Management Services for the previous school year were delivered in an efficient and cost effective manner. As we are entering into the second year of a three -year agreement with this contractor, there will be no increase in the fees in 2013 -14. Please execute the attached agreement and forward the signed document to my attention. Once both parties have signed the agreement, we will forward a fully executed copy to you for your files. We appreciate the continued opportunity to work with the District in a partnership effort to ensure the safety of the students or our community. Should you have any questions or concerns, please contact me. Sincerely, ed Imager cc Matt Hawkesworth, Assistant City Manager /Finance Director Lt. Ignacio Somoano, Chief of Police Janet Lee, Administrative Assistant— Public Safety Dept. CROSSING GUARD PROGRAM AGREEMENT 2013/14 FISCAL YEAR SCHOOL DISTRICT: Rosemead School District ADDRESS: 3907 Rosemead Blvd., Rosemead, CA 91770 PHONE: (626) 312 -2900 This AGREEMENT made and entered into by and between the City of Rosemead, hereinafter called "CITY," and the Rosemead School District hereinafter called the "DISTRICT" for the 2013/14 Fiscal Year. WHEREAS, the City and the District are committed to facilitating student pedestrian safety; and WHEREAS, the City and the District desire to have the City provide a crossing guard program through shared financial contributions towards the operations of the program. WITNESSETH: The City and District hereby contract and agree as follows: Crossing Guard Program. The City shall provide the District a crossing guard service 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. Compensation and Hours Provided. The hourly billing rate for this Agreement shall be $13.36 per hour at a weekly average not to exceed 3.5 hours per day for 180 school days annually. 3. Term. The term of this Agreement shall be for the 2013/14 Fiscal Year, which begins on July 1, 2013 and ends on June 30, 2014. 4. 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 2014 and the second payment to be made in May of 2014. Based on an estimate of 180 school days and a maximum weekly average of 3.5 hours per day, the amounts of the two biannual checks shall not exceed twelve thousand six hundred and twenty -five dollars and twenty cents ($12,625.20). The maximum anticipated annual payment to the City by the District is $25,250.40 (one half of the estimated costs). Insurance and Indemnification The City shall insure the crossing guard services at no cost to the District. Should the City at its discretion contract out its crossing guard duties under this agreement, the City agrees to indemnify, defend, and hold the District harmless from and against any liability, damage, loss, cost or expense in connection therewith. 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. 6. 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 parry 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. 7. Notices. Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Dr. Amy Enomoto- Peres, Superintendent 3907 Rosemead Blvd. Rosemead, CA 91770 8. 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. 9. 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 Approved as to Form: ROSEMEAD SCHOOL DISTRICT Approved by: Date Dr. Amy Enomoto -Perez Date Date Rachel Richman, City Attorney MAYOR: POLLY LOW MAYOR PRO TEM: WILLIAM ALARCON COUNCIL MEMBERS: SANDRA ARMENTA MARGARET CLARK STEVEN LY July 25, 2013 Dr. Sandra Johnson, Superintendent Garvey School District 2730 N. Del Mar Ave. Rosemead, CA 91770 Dear YAP'. John n: City of Rpsemead 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 Enclosed is the agreement between the District and the City for the continuation of Crossing Guard Services for the upcoming 2013 -14 school year. The crossing guard services provided by All- American Management Services for the previous school year were delivered in an efficient and cost effective manner. As we are entering into the second year of a three -year agreement with this contractor, there will be no increase in the fees in 2013 -14. Please execute the attached agreement and forward the signed document to my attention. Once both parties have signed the agreement, we will forward a fully executed copy to you for your files. We appreciate the continued opportunity to work with the District in a partnership effort to ensure the safety of the students or our community. Should you have any questions or concerns, please contact me. cc Matt Hawkesworth, Assistant City Manager/Finance Director Lt. Ignacio Somoano, Chief of Police Janet Lee, Administrative Assistant — Public Safety Dept. CROSSING GUARD PROGRAM AGREEMENT 2013/14 FISCAL YEAR SCHOOL DISTRICT: Garvey School District ADDRESS: 2730 North Del Mar Ave., Rosemead, CA 91770 PHONE: (626) 307 -3404 This AGREEMENT made and entered into this 21" day of August, 2013 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, the City and the District desire to have the City provide a crossing guard program through shared financial contributions towards the operations of the program. WITNESSETH: The City and District hereby contract and agree as follows: 1. Crossing Guard Program. The City shall provide the District a crossing guard service for the amount described in this Agreement, seven (7) 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. Compensation and Hours Provided. The hourly billing rate for this Agreement shall be $13.36 per hour at a weekly average not to exceed 3.5 hours per day for 180 school days annually. Term. The term of this Agreement shall be for the 2013/14 Fiscal Year, which begins on July 1, 2013 and ends on June 30, 2014. 4. 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 2014 and the second payment to be made in May of 2014. Based on an estimate of 180 school days and a maximum weekly average of 3.5 hours per day, the amounts of the two biannual checks shall not exceed fourteen thousand seven hundred and twenty-nine dollars and forty cents ($14,729.40). The maximum anticipated annual payment to the City by the District is $29,458.80 (one half of the estimated costs). 5. Insurance and Indemnification The City shall insure the crossing guard services at no cost to the District. Should the City at its discretion contract out its crossing guard duties under this agreement, the City agrees to indemnify, defend, and hold the District harmless from and against any liability, damage, loss, cost or expense in connection therewith. 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. 6. 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. 7. Notices. Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Jeff Allred, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Sandra Johnson, Superintendent 2730 North Del Mar Ave. Rosemead, CA 91770 8. 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. 9. 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 Approved as to Form: Rachel Richman, City Attorney GARVEY SCHOOL DISTRICT Approved by: Date Sandra Johnson, Superintendent Date Date Bonifacio Bonny Garcia, General Counsel Garvey School District