CC - Item 6E - Crossing Guard Services Agreement and Annual Crossing Guard Cost Sharing Agreements with Rosemead and Garvey School DistrictsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: JUNE 11, 2024
SUBJECT: CROSSING GUARD SERVICES AGREEMENT AND ANNUAL
CROSSING GUARD COST SHARING AGREEMENTS WITH
ROSEMEAD AND GARVEY SCHOOL DISTRICTS
SUMMARY
On June 27, 2023, City Council approved an award of contract to All City Management Services,
Inc. ("ACMS") for a three-year hourly cost agreement. The City entered into an annual agreement
with ACMS that is set to expire June 30, 2024. The proposed agreement with ACMS is for a two-
year crossing guard service, and the proposed agreements with Rosemead and Garvey School
Districts are for cost sharing. The total cost for providing crossing guard services for both school
districts is approximately $332,539.20. Rosemead School District's portion is approximately
$72,742.95 and Garvey School District's portion is approximately $93,526.65. The City's portion
is approximately $166,269.60 and is included in the City's proposed FY 2024/25 Budget.
The City has a longstanding partnership with the Rosemead and Garvey School Districts for
crossing guard services near local public -school campuses, and the City awarded a contract to
ACMS, a private fine that deploys crossing guards. The annual agreement with ACMS is set to
expire June 30, 2023. Staff proposes executing a two-year agreement with ACMS to align with
the awarded three-year hourly cost agreement, set to expire June 30, 2026. The annual hourly rate
increase for FY 2024 - 2026 is for ACMS to meet the minimum wage increases required to
effectively recruit crossing guards and retain a viable workforce. The ACMS agreement specifies
the following multi-year hourly rate:
FY 2023/24 $30.88
FY 2024/25 $32.99
FY 2025/26 $32.99
Once the cost sharing agreements are approved, staff will forward the respective agreements to
each School District. The Rosemead and Garvey School District project to approve the agreement
at their June 20, 2024, Board meeting.
AGENDA ITEM 6.E
City Council Meeting
June 11, 2024
Page 2 of 3
The cost sharing portions are based on (16) school locations, (7) for the Rosemead School District,
and (9) for the Garvey School District, for a projected 10,080 service hours.
The following reflects the share of their costs:
Both school district contributions total one-half of the overall annual crossing guard cost. Note
that the above costs are based on a normal school calendar year of 180 instructional days, 3.5 hours
per day.
STAFF RECOMMENDATION
That contingent upon the execution of the School Districts Board's formal approval of the cost
sharing agreements, 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 2024-2026; and,
2. Execute the cost sharing agreements with Rosemead and Garvey School Districts for Fiscal
Year 2024/25 crossing guard services.
FISCAL IMPACT
The cost for crossing guard services has been included in the Proposed FY 2024-25 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.
Prepared by:
Amanda Moreno, Senior Management Analyst
City Council Meeting
June 11, 2024
Paee 3 of 3
Attachment A: City Council Staff Report dated June 27, 2023
Attachment B: All City Management Services, Inc. Agreement
Attachment C: Rosemead School District Agreement
Attachment D: Garvey School District Agreement
Attachment A
City Council Staff Report
Dated June 27, 2023
Attachment A
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO:
THE HONORABLE MAYOR AND CITY COUNCIL
FROM:
BEN KIM, CITY MANAGER
DATE: JUNE 27, 2023
SUBJECT: AWARD OF CONTRACT WITH ALL CITIES MANAGEMENT
SERVICES INC. FOR CROSSING GUARD SERVICES AND APPROVAL
OF 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 $311,270.40 of which Rosemead School District's portion is
approximately $68,090.40 and Garvey School District's portion is approximately $87,544.80. The
City's portion ($155,635.20) is included in the City's proposed Fiscal Year 23/24 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 agreement with ACMS
is set to expire on June 30, 2023. On April 3, 2023, the City released Request for Proposal ("RFP")
No. 2023-09 for Crossing Guard Services. The City received a total of two (2) proposals by the
submittal deadline. A summary of the proposals received is below:
The proposals requested were for a total of (19) school locations, (7) for the Rosemead School
District, and (8) for the Garvey School District, with the potential to add (4) more pending a
AGENDA ITEM 4.G
City Council Meeting
June 27, 2023
Page 2 of 3
crossing guard warrant study, for a projected 11,970 service hours. The study determined that
Willard Elementary School met the need for an additional guard which increased the number of
sites for the Garvey School District from eight (8) to nine (9) sites.
Staff performed a comprehensive evaluation of the proposals based on the RFP requirements
including experience, understanding of scope of services, timeline, familiarity with the City of
Rosemead, and project cost. Based on the evaluation, All City Management Services ("ACMS")
submitted the most qualified proposal based on the overall criteria of project understanding,
qualifications, relative experience, approach, and proposed cost.
ACMS has over 38 years of experience and exclusively provides School Crossing Guard Services.
They have provided crossing guard services to the City of Rosemead and other cities in Southern
California which include Pomona, Diamond Bar, Pasadena, South Pasadena, San Gabriel,
El Monte, San Marino, Glendora, Temple City, Baldwin Park, Santa Ana, and Fullerton.
ACMS has proposed the following multi-year hourly cost for services:
FY 2023/24
$30.88
FY 2024/25
$32.99
FY 2025/26
$32.99
Both School Districts have communicated their approval to bring forth the cost sharing agreements
to their Boards. Should the school district boards approve the agreements, 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.
FY 2023/24 $68,090.40
• The Garvey School District Agreement would require that they share the cost of nine (9)
crossing guards.
FY 2023/24 $87,544.80
Both School Districts' 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.
City Council Meeting
June 27, 2023
Page 3 of 3
STAFF RECOMMENDATION
That contingent upon the execution of the School Districts Board's formal approval of the cost
sharing agreements, the City Council authorize the City Manager to:
Execute the Agreement with All City Management Services, Inc. for crossing guard
services for Fiscal Year 23/24; and,
2. Execute the cost sharing Agreements with Rosemead and Garvey School Districts for
funding the crossing guard services for the Fiscal Year 23/24.
FISCAL IMPACT
The cost for crossing guard services has been included in the Proposed FY 2023-24 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.
Prepared by:
Analyst
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Attachment B: All City Management Services, Inc. Proposal
Attachment C: All City Management Services, Inc. Agreement
Attachment D: Rosemead School District Agreement
Attachment E: Garvey School District Agreement
Attachment B
All City Management Services, Inc
Agreement
Attachment B
PROFESSIONAL SERVICES AGREEMENT
CROSSING GUARD SERVICES
ALL CITY MANAGEMENT SERVICES, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this _ Day of _, 20_ (Effective
Date) by and between the City of Rosemead, a municipal organization organized under
the laws of the State of California with its principal place of business at 8838 E. Valley
Blvd., Rosemead, California 91770 ("City") and All City Management Services, Inc., a
Corporation, with its principal place of business at 10440 Pioneer Blvd., Suite 5, Santa
Fe Springs, Ca. 90670 ("Consultant"). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as 'Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Crossing Guard
Services to public clients, is licensed in the State of California and is familiar with the
plans of City.
2.2 Project.
The City desires to engage Consultant to render such ongoing professional
Crossing Guard Services ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services: Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional Crossing
Guard services necessary for the Project, herein referred to a "Services". The Services
are more particularly described in Exhibit A attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for a Two (2) year
period (Fiscal Year 2024-2026) from the Effective Date shown above, without
extension at the sole and absolute discretion of the City, unless earlier terminated as
provided herein. Consultant shall complete the Services within the term of this
Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements: All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel: Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative: The City hereby designates the City Manager,
or his or her designee, to act as its representative for the performance of this Agreement
("City's Representative". City's Representative shall have the power to act on behalf of
the City for all purposes under this Agreement. Consultant shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative: Consultant hereby designates Claudia
Than, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative". Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her professional skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of
all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant represents that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of
and in compliance with applicable local state and federal laws, rules and regulations in
any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be
liable for all violations of such laws and regulations in connection with Services. If the
Consultant performs any work knowing it to be contrary to such laws, rules and
regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any liability to the extent found to be
arising out of any failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B attached to
and part of this agreement.
3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of its
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A adequate life protection and life saving equipment and procedures; (B instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation: Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement
and shall not exceed Three Hundred Thirty -Two Thousand Five Hundred Thirty -
Nine Dollars and twenty cents ($332,539.20) for each Fiscal Year 2024/25 and 2025/26
and in accordance with consultant's proposal dated May 1, 2023. Consultant's scope
of services and rate schedule is hereby incorporated and found in Exhibit "A". Extra
Work may be authorized in writing, as described below, and will be compensated at the
rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation: Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 30 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws", which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and
if the total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft; classification or type of worker needed to execute the
Services available to interested parties upon request and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply
with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3 years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices: All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
All City Management, Inc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, Ca. 90670
Attn: Claudia Than,
Tel: (310) 202-8284
CITY: City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: Ben Kim, City Manager
Tel: (626) 569-2169
Such notice shall be deemed made when personally delivered or when mailed, forty- eight
(48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property: This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited
to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement
("Documents & Data"). Consultant shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the City. The
Documents & Data are intended for use solely with respect to the project for which they
were prepared. Any reuse or modification by City shall be at City's sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate
with one another and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against
the other parry, either legal, administrative or otherwise, arising out of or in connection
with this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all costs of such action as
part of prevailing party's total damages as determined by court of competent jurisdiction
or as agreed upon by the parties in settlement.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
Agency and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all losses, liabilities, damages, costs and expenses, including legal
counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency
or individual that Consultant shall bear the legal liability thereof) in the performance of
services under this agreement. Consultant's duty to indemnify and hold harmless Agency
shall not extend to the Agency's sole or active negligence.
b. Duty to Defend
In the event the Agency, its officers, employees, agents and/or volunteers are made a
party to any action, lawsuit, or other adversarial proceeding arising from the performance
of the services encompassed by this agreement, and upon demand by Agency,
Consultant shall defend the Agency at Consultant's cost or at Agency's option, to
reimburse Agency for its costs of defense, including reasonable attorney's fees and costs
incurred in the defense of such matters to the extent the matters arise from, relate to or
are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is
not a condition precedent to enforcement of this provision. In the event of any dispute
between Consultant and Agency, as to whether liability arises from the sole or active
negligence of the Agency or its officers, employees, or agents, Consultant will be
obligated to pay for Agency's defense until such time as a final judgment has been
entered adjudicating the Agency as solely or actively negligent. In no event shall the cost
to defend charged to the design professional exceed the design professional's
proportionate percentage of fault.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the State
of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants: City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in
this Agreement. All references to City include its elected officials, officers, employees,
agents, and volunteers except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and
do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third -Party Beneficiaries: There are no intended third -party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required under state law in the performance of the Services. For breach or violation of
this warranty, City shall have the right to rescind this Agreement without liability. For the
term of this Agreement, no member, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
[Signatures on next Page]
CITY OF ROSEMEAD
Ben Kim, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
ALL CITY MANAGEMENT
SERVICES, INC.
la
Name:
Title:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
M
Name:
Rachel Richman Date
City Attorney Title:
EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
G
a
AGREEMENT FOR CROSSING GUARD SERVICES
Without Professional Liability Insurance y
This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated Jong_, 2023 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, 2023, and ends on June 30, 2026,
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 professionally 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 the City's jurisdiction. The
33
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 the 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.
34
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 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 the 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. Indemnification:
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.
35
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.
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 Thirty Dollars and Eighty-eight Cents ($30.88) per hour, per Crossing Guard during the term.
Based on a minimum of sixteen (16) sites and upon a projected (10,080) hours of service the cost
shall not exceed Three Hundred Eleven Thousand, Two Hundred and Seventy-one Dollars
($311,271.00) for the 2023-2024 School Year, unless Contractor fails to perform service.
The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum
of Thirty-two Dollars and Ninety-nine Cents ($32.99) per hour, per Crossing Guard during the term.
Based on a minimum of sixteen (16) sites and upon a projected (10,080) hours of service the cost
shall not exceed Three Hundred Thirty-two Thousand, Five Hundred and Thirty-nine Dollars
($332,539.00) for the 2024-2025 School Year, unless Contractor fails to perform service.
The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum
of Thirty-two Dollars and Ninety-nine Cents ($32.99) per hour, per Crossing Guard during the term.
Based on a minimum of sixteen (16) sites and upon a projected (10,080) hours of service the cost
shall not exceed Three Hundred Thirty-two Thousand, Five Hundred and Thirty-nine Dollars
($332,539.00) for the 2025-2026 School Year, unless Contractor fails to perform service.
15. Payment is due within thirty (30) days of receipt of Contractor's properly prepared invoice.
36
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 the 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 PAGEI
37
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written
below.
CITY
City of Rosemead
By
_ —�46 —11
Ben Ki City Manager
Date 2�
CONTRACTOR
AD City Management Sgoces, Inc.
I0
10
Date
38
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Consultant 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 $1,000,000 per occurrence, $2,000,000
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.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation on a state -approved policy form providing statutory
benefits as required by law with employer's liability limits no less than $1,000,000 per
accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-insured
retention for liability not covered by primary but covered by the umbrella. Coverage shall
be provided on a "pay on behalf basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is
determined, not requiring actual payment by the insured first. There shall be no cross -
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants
or others involved in the Work. The scope of coverage provided is subject to approval of
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $1 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must include a provision establishing the insurer's duty to defend the
Named Insured. The policy retroactive date shall be on or before the effective date of this
agreement.
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- (orhigher) 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 Agency's Risk Manager.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third -party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 (or
otherwise consistent with the insurer's endorsement). Consultant also
agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the
right of subrogation prior to a loss. Consultant agrees to waive subrogation
rights against City regardless of the applicability of any insurance proceeds,
and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement
relating to the City or its operations limits the application of such insurance
coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any
exclusion for bodily injury to an employee of the insured or of any contractor
or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall
not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall
be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage
is provided, City has the right, but not the duty, to obtain any insurance it
deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at
City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. A ten (10) day notice to City shall apply to
nonpayment of premiums. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that
any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage (except Professional Liability and Workers' Compensation)
required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other
insurance or self-insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of
Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in
the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self -insure its
obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or
self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to
City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does
it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials and agents.
18. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. 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 limiting or all inclusive.
19. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here
to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by
this agreement. Any such provisions are to be deleted with reference to City.
It is not the intent of City to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Attachment C
Rosemead School District Agreement
Attachment C
CROSSING GUARD PROGRAM AGREEMENT
2024/25 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, fully trained crossing guards are to serve at seven
(7) 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
$32.99 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 2024/25 Fiscal Year, which begins on
July 1, 2024, and ends on June 30, 2025.
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 2025 and the
second payment to be made in May of 2025. 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-six thousand three hundred seventy-one dollars and forty-eight cents
($36,371.48). The maximum anticipated annual payment to the City by the District is
$72,742.95 (one-half of the estimated costs).
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 maybe 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 Date Alejandro Ruvalcaba, Superintendent
Attest:
Ericka Hernandez, City Clerk
Approved as to Form:
Date
Rachel Richman, City Attorney Date
Date
Attachment D
Garvey School District Agreement
Attachment D
CROSSING GUARD PROGRAM AGREEMENT
2024/25 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, fully trained crossing guards are to serve at nine
(9) 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
$32.99 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 2024/25 Fiscal Year, which begins on
July 1, 2024, and ends on June 30, 2025.
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 2025 and the
second payment to be made in May of 2025. 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 forty-six thousand seven hundred sixty-three dollars and thirty-three cents
($46,763.33). The maximum anticipated annual payment to the City by the District is
$93,526.65 (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 maybe 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 GARVEY SCHOOL DISTRICT
Approved by: Approved by:
Ben Kim, City Manager Date Dr. Anita Chu, Superintendent
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
Rachel Richman, City Attorney Date
Uate