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CC - Item 5F - Amendment to the Crossing Guard Services Agreement with All City Management Services Inc. and Annual Cost Sharing Agreement with Garvey School DistrictROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER 1-^ DATE: AUGUST 8, 2017 SUBJECT: AMENDMENT TO THE CROSSING GUARD SERVICES AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC., AND ANNUAL COST SHARING AGREEMENT WITH GARVEY SCHOOL DISTRICT SUMMARY The City Council will consider an amendment to an agreement with All City Management Services, Inc., (ALMS) for crossing guard services near Arlene Bitely Elementary (Bitely Elementary), and annual cost sharing agreements with the Garvey School District for crossing guard services for the 2017/18 Fiscal Year (FY). The amendments to the agreements will add an additional crossing guard in the Garvey School District at Bitely Elementary. STAFF RECOMMENDATION That the City Council authorize the City Manager to: Execute an Amendment to an Agreement with All City Management Services, Inc. for crossing guard services through June 30, 2019; and 2. Execute the cost sharing agreement with the Garvey School District in funding the crossing guard services for the 2017/18 FY, and Appropriate additional funding in the FY 2017/18 budget for crossing guard services in the amount of $5,506.20. 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. On May 9, 2017, the City Council approved an agreement with ACMS through June 30, 2019. Due to traffic concerns at Bitely Elementary, the City conducted a traffic study, which indicated a need for a crossing guard at Fern Avenue and Jackson Avenue. The cost to add a crossing guard at this location is $11,012.40, to be shared with the Garvey School District. The total annual costs associated with ITEM NUMBER: City Council Meeting August 8, 2017 Page 2 of 2 the proposed agreement $154,173.60, to be shared equally by the City and the respective school districts. FISCAL IMPACT The City's 2017/18 FY budget includes $71,580.60 for crossing guard services, with proportionate costs shared by the two participating school districts. The proposed amendment will increase the 2017/18 FY budget by $5,506.20 for a total of $77,086.80. STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: t Brad McKinney, Assistanf City Manager Attachment A: Amendment to the Agreement Attachment B: Garvey School District Agreement Attachment A Amendment to the Agreement Amendment to the Agreement between All City Management Services, Inc. and the City of Rosemead for providing School Crossing Guard Services The City of Rosemead hereinafter referred to as the "City", and All City Management Services, Inc., located at 10440 Pioneer Blvd., Suite 5, Santa Fe Springs, CA 90670, hereinafter referred to as the "Contractor", mutually agree to amend the existing Agreement entered into on August 14, 2012 as follows: 1. Item # 1 The City and the Contractor agree to extend the term of this Agreement for the 2017 - 2018 school year beginning July 1, 2017 through June 30, 2019. 2. Item # 15 The City agrees to pay Contractor for services rendered pursuant to the Agreement the sum of Seventeen Dollars and Forty -Eight Cents ($17.48) per hour of guard service provided. It is understood that the cost of providing Eight Thousand Eight Hundred and Twenty (8,820) hours of service shall not exceed One Hundred Fifty -Four Thousand, One Hundred and Seventy -Three Dollars and Sixty cents ($154,173.60). Except as provided for in Item # 1 and Item # 15, all other terms and conditions of the original Agreement and Amendments thereto between the City and the Contractor remain in effect. City of Rosemead : Signature Print Name and Title All City Management Services, Inc. RE Date: Date: Signature Print Name and Title Attachment B Garvey School District Agreement CROSSING GUARD PROGRAM AGREEMENT 2017/18 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 1. Crossing Guard Program. The City shall provide the District a crossing guard service for the amount described in this Agreement, eight (8) 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 $17.48 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 2017/18 Fiscal Year, which begins on July 1, 2017 and ends on June 30, 2018. 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 2018 and the second payment to be made in May of 2018. 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 twenty-two thousand and twenty-four dollars and eighty cents ($22,024.80). The maximum anticipated annual payment to the City by the District is $44,049.60 (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. 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: Anita Chu, Superintendent 2730 N. 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: Bill R. Manis, City Manager Date Attest: Marc Donohue, City Clerk Approved as to Form: Rachel Richman, City Attorney GARVEY SCHOOL DISTRICT Approved by: Anita Chu, Superintendent Date Date