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CC - Item 5D - Crossing Guard Services Agreement and Annual Crossing Guard Cost Sharing Agreements with the School DistrictsBOSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER M DATE: JULY 13, 2021 SUBJECT: CROSSING GUARD SERVICES AGREEMENT AND ANNUAL CROSSING GUARD COST SHARING AGREEMENTS WITH THE SCHOOL DISTRICTS SUMMARY The proposed Agreement with All City Management Services, Inc. (ACMS) is for the annual crossing guard services near local public schools, and the proposed Agreements with the Rosemead School District and the Garvey School District are for cost sharing (one-half between the City and each District) for crossing guard services. The total cost for providing crossing guard services for both school districts is approximately $207,711, of which Rosemead School District's portion is approximately $48,465.90 and Garvey School District's portion is approximately $55,389.60. The City's portion ($103,855.50) is included in the City's adopted Fiscal Year 21/22 Budget. STAFF RECOMMENDATION That the City Council authorize the City Manager to: 1. Execute the Agreement with All City Management Services, Inc. for crossing guard services for Fiscal Year 21/22; and 2. Execute the cost sharing Agreements with Rosemead and Garvey School Districts for funding the crossing guard services for the 21/22 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, and the City has contracted with ACMS a private firm that deploys crossing guards. In 2019, the City negotiated a three-year annual hourly rate schedule. As such, for FY 21/22, the hourly cost rate will be $21.98 per hour. AGENDA ITEM NO. 5.1) City Council Meeting July 13, 2021 Page 2 of 3 The annual increase is for ACMS to meet the minimum wage increases required to effectively recruit crossing guards and retain a viable workforce. As noted above, the FY 21/22 rate was established to be $21.98 per hour. Accordingly, on June 24, 2021, Rosemead and Garvey School District approved their respective agreements at their school board meetings. The following would reflect their share of the costs: • The Rosemead School District Agreement would require that they share the cost of 7 crossing guards. Fiscal Year Annual Payment FY 2021/22 $48,465.90 • The Garvey School District Agreement would require that they share the cost of 8 crossing guards. Fiscal Year Annual Payment FY 2021/22 $55,389.60 Both school district contributions total one half of the overall annual crossing guard costs. It is to be noted that the above costs are based on a normal school calendar year of 180 instructional days. FISCAL IMPACT The City's 2021/22 Fiscal Year budget includes crossing guard services to cover the City's portion of the costs being shared by the two participating school districts. STRATEGIC PLAN IMPACT — The said Agreements meet the Strategic Plan's goal to enhance public safety and quality of life. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Andres Rangel,,Management Analyst City Council Meeting July 13, 2021 Page 3 of 3 Submitted by: Attachment A: All City Management Services, Inc. Agreement Attachment B: Rosemead School District Agreement Attachment C: Garvey School District Agreement Attachment A All City Management Services, Inc. Agreement ti AGREEMENT FOR CROSSING GUARD SERVICES This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated June _, 2021 and is between the CITY OF ROSEMEAD (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor"). WITNESSETH The parties hereto have mutually covenanted and agreed as follows: 1. This Agreement is for a term which commences on or about July 1, 2021 and ends on June 30, 2022 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". Contractor will perform criminal background checks and confirm employment eligibility through E - Verify on all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City. 3. The City's representative in dealing with the Contractor shall be designated by the City of Rosemead. 4. 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 the terms of this Agreement. 5. 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. 6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed. 7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas. 8. Crossing Guard Services (the "Services") shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City's jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper. scheduling. 9. 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. 10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the City a Certificate of Insurance naming the City and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily iniury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City'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 has been given to the City. 11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a "Claim" and collectively, the "Claims") that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees. 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. b) In the event the City, its 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 sole negligence of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees. e) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City, liability will be apportioned between Contractor and City based upon the parties' respective degrees of culpability, as determined by the court, and Contractor's duty to indemnify City will be limited accordingly. d) Notwithstanding anything to the contrary contained herein, Contractor's indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor's general liability and umbrella insurance policies in the amount of $5,000,000 (Five Million Dollars). 12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party. 13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City. 14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty -One Dollars and Ninety -Eight Cents ($21.98) per hour, per Crossing Guard during the term. Based on a minimum of fifteen (15) sites and upon a projected (9,450) hours of service the cost shall not exceed Two Hundred Seven Thousand, Seven Hundred and Eleven Dollars ($207,711.00) for the 2021-2022 School Year, unless Contractor fails to perform service. 15. Payment is due within thirty (30) days of receipt of Contractor's properly prepared invoice. 16. Contractor may request a price increase during the term as a result of any legally -mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor's employees would be subject. Contractor shall provide City with 60 days - notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt. 17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties. 18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below. CITY CONTRACTOR City of Rosemead All City Management Services, Inc. By B Signature 4D.all, lCtrporate Secretary Gloria Molleda, City Manager Print Name and Title Date Date �f -V 4 Attachment B Rosemead School District Agreement CROSSING GUARD PROGRAM AGREEMENT 2021/22 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". 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. 2. Compensation and Hours Provided. The hourly billing rate for this Agreement shall be $21.98 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 2021/22 Fiscal Year, which begins on July 1, 2021 and ends on June 30, 2022. 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 2022 and the second payment to be made in May of 2022. 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 four thousand two hundred and thirty two dollars and ninety five cents ($24,232.95). The maximum anticipated annual payment to the City by the Districts is $48,465.90 (one-half of the estimated district contribution 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 famish the City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that 13a - Page 1 of 3 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. 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: Gloria Molleda, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Alejandro Ruvalcaba, 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. 13a - Page 2 of 3 In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD Approved by: Gloria Molleda, City Manager Date Attest: ROSEMEAD SCHOOL DISTRICT Approved by: 4 i$P-- YjAhroptuvalcaba, Superintendent Date Ericka Hernandez, City Clerk Date Approved as to Form: Rachel Richman, City Attorney Date 13a - Page 3 of 3 Attachment C Garvey School District Agreement CROSSING GUARD PROGRAM AGREEMENT 2021/22 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. 2. Compensation and Hours Provided. The hourly billing rate for this Agreement shall be $21.98 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 2021/22 Fiscal Year, which begins on July 1, 2021 and ends on June 30, 2022, 4. Payment schedule. Payments fiom 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 2022 and the second payment to be made in May of 2022. 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 seven thousand six hundred and ninety four dollars and eighty cents ($27,694.80). The maximum anticipated annual payment to the City by the District is $55,389.60 (one-half of the estimated district contribution 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: Gloria Molleda, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Dr. 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: Gloria Molleda, City Manager Dale Attest: GARVEY SCHOOL DISTRICT Approved by: Anita Chu, Superintendent ate g,A.p, 4,Z' z► Ericka Hernandez, City Clerk Date Approved as to Form: Rachel Richman, City Attorney Date