CC - Item 4D - Crossing Guard Services Agreement and Annual Crossing Guard Cost Sharing Agreement with Rosemead and Garvey School DistrictsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR ANDCITYCOUNCIL
FROM: BEN KIM, CITY MANAGER Y
DATE: JUNE 28, 2022
SUBJECT: CROSSING GUARD SERVICES AGREEMENT AND ANNUAL
CROSSING GUARD COST SHARING AGREEMENTS WITH
ROSEMEAD AND GARVEY 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 Rosemead
and Garvey School Districts 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 $245,227.50 of which Rosemead School District's portion is
approximately $57,219.75 and Garvey School District's portion is approximately $65,394.00. The
City's portion ($122,613.75) is included in the City's proposed Fiscal Year 22/23 Budget.
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.
The annual increase -is for ACMS to meet the minimum wage increases required to effectively
recruit crossing guards and retain a viable workforce. As such, for FY 22/23, the hourly cost rate
will be $25.95 per hour.
Once the Agreements are approved, staff will forward the respective Agreements to the Rosemead
and Garvey School Districts. Rosemead School District projects to approve its respective
Agreement at its August 4, 2022, Board meeting, and Garvey School District projects to approve
its respective Agreement at its July 11, 2022, Board meeting.
AGENDA ITEM 4.1)
City Council Meeting
June 28, 2022
Page 2 of 3
The following would reflect their share of the costs:
• The Rosemead School District Agreement would require that they share the cost of seven
(7) crossing guards.
Fiscal Year
Annual Payment
FY 2022/23
$57,219.75
• The Garvey School District Agreement would require that they share the cost of eight (8)
crossing guards.
Fiscal Year
Annual Payment
FY 2022/23
$65,394.00
Both school district contributions total one-half of the overall annual crossing guard cost. It is to
be noted that the above costs are based on a normal school calendar year of 180 instructional days.
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 22/23; and,
2. Execute the cost sharing Agreements with Rosemead and Garvey School Districts for
funding the crossing guard services for the Fiscal Year 22/23.
FISCAL IMPACT
The cost for crossing guard services has been included in the Proposed FY 2022-23 Budget with
an offsetting estimated revenue due from the two school districts.
STRATEGIC PLAN IMPACT
This item is consistent with the City's 2030 Strategic Plan Goal A - Safety, which focuses on
enhancing public safety and quality of life.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
City Council Meeting
June 28, 2022
Page 3 of 3
Prepared by:
Daisy Guerrero, Senior Management Analyst
Attachment A: All City Management Services, Inc. Pricing Letter
Attachment B: All City Management Services, Inc. Agreement
Attachment C: Rosemead School District Agreement
Attachment D: Garvey School District Agreement
Attachment A
All City Management Services, Inc.
Pricing Letter
lot (0111616i1.1.A.�i,l:�lll�A
March 28, 2022
Daisy Guerrero
City of Rosemead
8838 E. Valley Blvd., Rosemead, CA 91770
Dear Daisy
It is once again the time of the year when many agencies are formulating their budgets for the
coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest
in extending our agreement for providing School Crossing Guard Services through the 2022-2023
fiscal year.
As you may know hiring challenges have been impacting municipalities, agencies, and school
districts across the nation. The labor market has changed in the past couple of year and now higher
wage levels are required for many entry-level positions. Staffing shortages have had a particularly
severe impact on jobs that require high levels of proximity and face to face contact, which were
traditionally entry-level positions. Factoring in the rising costs of gas prices, guards being required to
go back and forth up to four times a day, increased hazards associated with the position, and this
becomes a challenge to staff without competitive wages.
Our plan next year is to offer a more competitive wage rate of $16.00 per hour. This will mean
significantly higher billing rates for all programs in this corridor. To facilitate the calculation of the
annual program cost we have developed and included with this letter a Client Worksheet. This
Worksheet is our best estimation of the hours and cost of your program based on the current
schedules and the proposed price increase.
While we remain committed to providing a safe, cost-effective and professional School Crossing
Guard Program we hope you will find this new pricing acceptable. If you have any questions or need
additional information, please contact me at (800) 540-9290. Take care.
Sincerely,
Baron Farwell,
General Manager
10440 Pioneer Blvd Suite 5 0 Santa Fe Springs, Ca 90670 0 310-202-8284 0 800-540-9290 • FAX 310-202-8325
All City Management Services Inc.
Client Worksheet 2022 - 2023
Department: 7505
Billing Rate for 2022/2023: $25.95
KEY:
Traditional Calendar:
For sites with no regularly scheduled early release days, use 180 regular days
Sites with traditional calendar:
52.5
15 Sites at 3.5 hrs
180
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
$25.95 1 =
$245,227.5
TOTAL PROJECTED HOURS 9450 TOTAL ANNUAL PROJECTED COST $245,227.50
Attachment B
All City Management Services, Inc.
Agreement
AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated June _, 2022, 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, 2022, and ends on June 30, 2023,
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.
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.
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. Insurance•
General liability insurance. Contractor shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than
$5,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and
property damage. The policy must include contractual liability that has not been amended. Any
endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as
Insurance Services Office form CA 00 01 covering bodily injury and property damage for all
activities of the Contractor arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount
not less than $1,000,000 combined single limit for each accident.
Umbrella or excess liability insurance. [If required to meet higher limits]. Contractor shall obtain
and maintain an umbrella liability insurance policy with limits that will provide bodily injury,
personal injury, and property damage liability coverage, including commercial general liability,
automobile liability, and employer's liability. Such policy or policies shall include the following
terms and conditions:
A drop-down feature requiring the policy to respond if any primary insurance that would otherwise
have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or
insolvency of said primary insurer;
• "Pay on behalf of wording as opposed to "reimbursement";
• Concurrency of effective dates with primary policies.
Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over
commercial general liability, automobile liability, and employer's liability policies. Such policy or
policies shall include wording that the excess liability policy follows the terms and conditions of the
underlying policies.
Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance
(Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its officers, agents, employees, and volunteers.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance
policies shall provide or be endorsed to provide that City, the Rosemead and Garvey School District, and their
respective officers, officials, employees, agents, and volunteers shall be additional insureds under such
policies.
Primary/non-contributing. Coverage provided by Contractor shall be primary and any insurance or self-
insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance
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required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance
shall be called upon to protect it as a named insured.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance or is on the List of
Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of
A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition
of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement
shall be endorsed to waive subrogation against City, its elected or appointed officers, agents,
officials, employees, and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these specifications to waive their right of recovery prior to a
loss. Contractor hereby waives its own right of recovery against City and shall require similar written
express waivers and insurance clauses from each of its subconsultants.
Requirements not limiting. Requirements of specific coverage features or limits contained in this
Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the City requires and shall be
entitled to coverage for the higher limits maintained by the Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
the City.
Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to
provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten
(10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the
Contractor's insurers are unwilling to provide such notice, then Contractor shall have the
responsibility of notifying the City immediately in the event of Contractor's failure to renew any of
the required insurance coverages or insurer's cancellation or non -renewal.
11. Indemnfication:
Contractor agrees to defend, indemnify and hold harmless the City, the Rosemead and Garvey School
District's and their respective Council members, board members, 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 negligent acts or omissions, or willful misconduct, of Contractor, its
agents, employees, subcontractors, representatives or invitees in the performance of the Services
under this Agreement. Contractor's duty to defend and indemnify shall not extend to any Claims
arising out of the City or Rosemead and Garvey School District's sole negligence.
a) Contractor will defend any action or actions filed in connection with any Claims, damages,
penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees
incurred in connection herewith.
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b) In the event the City or Rosemead and Garvey School District's, their officers, agents or
employees is made a party to any action or proceeding filed or prosecuted against Contractor
for such Claim or damages arising out of or in connection with the negligence of Contractor
hereunder, Contractor agrees to pay City and/or Rosemead and Garvey School District's, their
officers, agents, or employees, any and all costs and expenses incurred by the City and/or
Rosemead and Garvey School District, their officers, agents or employees in such action or
proceeding, including, but not limited to, reasonable attorney's fees.
C) 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 or Rosemead and
Garvey School District's, liability will be apportioned between Contractor and City or
Rosemead and Garvey School District based upon the parties' respective degrees of
culpability, as determined by the court, and Contractor's duty to indemnify City and
Rosemead and Garvey School District will be limited to Contractor's proportionate share
of liability accordingly.
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-five Dollars and Ninety-five Cents ($25.95) 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 Forty-five Thousand, Two Hundred and Twenty-eight Dollars
($245,228.00) for the 2022-2023 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 parry on the ground that such party
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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. Contractor's duty to
defend, indemnify and hold harmless shall survive the termination of this Agreement.
[SIGNATURES FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written
below.
CITY
City of Rosemead
Ben Kim, City Manager
Date
CONTRACTOR
All City Management Services, Inc.
M
L^
D. Farwell, Corporate Secretary
Attachment C
Rosemead School District Agreement
CROSSING GUARD PROGRAM AGREEMENT
2022/23 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
$25.95 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 2022/23 Fiscal Year, which begins on
July 1, 2022, and ends on June 30, 2023.
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 2023 and the
second payment to be made in May of 2023. 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-eight thousand, six hundred and ten dollars ($28,610.00). The
maximum anticipated annual payment to the City by the District is $57,219.75 (one-half
of the estimated costs).
5. Insurance and Indemnification. The District, its elected and appointed officers, employees,
and agents shall be named as "additional insureds" 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 coverage 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: Ben Kim, 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.
In witness whereof the parties hereto have subscribed to this agreement by the signature of its
authorized representative below.
CITY OF ROSEMEAD ROSEMEAD SCHOOL DISTRICT
Approved by: Approved by:
Ben Kim, City Manager
Attest:
Ericka Hernandez, City Clerk
Approved as to Form:
Rachel Richman, City Attorney
Date Alejandro Ruvalcaba, Superintendent Date
Date
Date
Attachment D
Garvey School District Agreement
CROSSING GUARD PROGRAM AGREEMENT
2022/23 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
$25.95 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 2022/23 Fiscal Year, which begins on
July 1, 2022, and ends on June 30, 2023.
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 2023 and the
second payment to be made in May of 2023. 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 thirty-two thousand, six hundred and ninety-seven dollars ($32,697.00).
The maximum anticipated annual payment to the City by the District is $65,394.00 (one-
half of the estimated costs).
5. Insurance and Indemnification. The District, its elected and appointed officers, employees,
and agents shall be named as "additional insureds" 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 coverage 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: Ben Kim, 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:
Ben Kim, City Manager
Attest:
Ericka Hernandez, City Clerk
Approved as to Form:
Rachel Richman, City Attorney
GARVEY SCHOOL DISTRICT
Approved by:
Date Dr. Anita Chu, Superintendent Date
tate
Date