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CC - Item 4I - Crossing Guard Services - Annual Cost Sharing Agreements with School Districts i4- E M F � c ° ROSEMEAD CITY COUNCIL At STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER v_...,;z,,,\ DATE: JUNE 14, 2016 SUBJECT: CROSSING GUARD SERVICES —ANNUAL COST SHARING AGREEMENTS WITH SCHOOL DISTRICTS SUMMARY The City Council approved an amendment to extend crossing guard services with All City Management Services, Inc. (ACMS), on June 23, 2015. The amendment extended services for an additional 2 years. The costs for these services are split between the Rosemead School District and the Garvey School District on an annual basis. The annual cost sharing agreements with the Districts are for the upcoming fiscal year, 2016/17. Funds to cover the City's share of the costs, which total approximately $65,500, are contained in the City's proposed 2016/17 Fiscal Year Budget. Staff Recommendation It is recommended that the City Council authorize the City Manager to execute the cost sharing agreements with Rosemead School District and the Garvey School District in funding the crossing guard services for the 2016/17 Fiscal Year. DISCUSSION The City has a longstanding partnership with the Rosemead and Garvey School Districts for the provision of crossing guard services near local public school campuses. For the past four years, the City has contracted with ACMS, a private firm that deploys crossing guards. The current contract with ACMS will continue through June 30, 2017. The total annual costs associated with this agreement are $130,876, to be shared equally by the City and the respective school districts. The agreement with each school district is based upon each fiscal year. FISCAL IMPACTS The City's proposed budget for the 2016/17 Fiscal Year includes $65,000 for crossing guard services, with proportionate costs shared by the two participating school districts. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. ITEM NO. 4.1 City Council Meeting June 14,2016 Page 2 of 2 Submitted by: Curtis Cannon Interim Assistant City Manager Attachments Rosemead School District Agreement Garvey School District Agreement CROSSING GUARD PROGRAM AGREEMENT 2016/17 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 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: I. 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 he deployed at locations and times determined by the District. 2. Compensation and Hours Provided. The hourly billing rate for this Agreement shall be $15.98 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 2016/17 Fiscal Year, which begins on July 1,2016 and ends on June 30, 2017. 1. 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 2017 and the second payment to be made in May of 2017. Based on an estimate of 180 school days and a maximum weckly_average of 3.5 hours per day, the amounts of the two biannual checks shall not exceed seventeen thousand six hundred and seventeen dollars and ninety-five cents ($17,617.95). The maximum anticipated annual payment to the City by the District is $35,235.90 (one half of the estimated costs). 2. 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. In exchange for the City providing the crossing guard services under this Agreement, the District hereby fully waives, releases and discharges the City of Rosemead and its officers, officials, employees, volunteers and agents from any and all claims, demands, causes of action, damages and liabilities related to or arising out of this Agreement. 3. 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. 4. 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: Bill R. Manis, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Anita Chu,Superintendent 2730 N. Del Mar Ave. Rosemead. CA 91770 5. 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. 6. 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 GARVEY SCHOOL DISTRICT Approved by: Approved by: Mill R. Manis, City Manager Date Anita Chu, Superintendent Date Attest: Ericka Hernandez, Acting City Clerk Date Approved as to Form: Rachel Richman, City Attorney Bonifacio Garcia, General Counsel Garvey School District CROSSING GUARD PROGRAM AGREEMENT 2016/17 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 2016/17 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: 1. 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 515.98 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 2016/17 Fiscal Year, which begins on July 1, 2016 and ends on June 30, 2017. 4. Payment schedule. Payments from the District to the City shall he made in two installments at the end of each semester, with the first payment to be made in January of 2017 and the second payment to be made in May of 2017. 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 fifteen thousand one hundred and one dollars and ten cents ($15,101.10). The maximum anticipated annual payment to the City by the District is $30,202.20 (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. In exchange for the City providing the crossing guard services under this Agreement, the District hereby fully waives, releases and discharges the City of Rosemead and its officers, officials. employees, volunteers and agents from any and all claims, demands, causes of action, damages and liabilities related to or arising out of this Agreement. 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: Bill R. Manis, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Dr. Amy Enomoto-Perez,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. CPPY OF ROSEMEAD ROSEMEAD SCHOOL DISTRICT Approved by: Approved by: Bill R. Manis, City Manager Date Dr. Amy Enomoto-Perez Date Attest: Ericka Hernandez. Interim City Clerk Date Approved as to Form: Rachel Richman, City Attorney