Agenda Item No. 9
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM:
Megan Wolfe, Director of Community ServicesJ(W'/
Sarah Martinez, Community Services Recreation Superintendent -t-' FOR: City Council Meeting of July 22, 2024
SUBJECT: Agreement for Crossing Guard Services
RECOMMENDATION:
That the City Council authorize the City Manager to execute a one-year Agreement for Crossing Guard Services between the Yucaipa-Calimesa Joint Unified School District (District) and the City of Yucaipa (City).
BACKGROUND/DISCUSSION:
The City of Yucaipa has received a request from the District to continue the partnership for the Crossing Guard Program. The proposed Agreement between the District and the City is for a term of one year, beginning August 1, 2024. The following chart identifies the proposed school sites, intersection locations, and the cost share percentages:
School Sites
Intersection Locations
Cost Share
Percentage
District
City
Wildwood Elementary School
Susan St. at Holmes St.
50%
50%
Dunlap Elementary School
12th St. at Ave. E
50%
50%
Ridgeview Elementary School
/Parkview Middle School
Tahoe Dr. at Sunnyside Dr.
50%
50%
Valley Elementary School
Avenue E at 8th St.
50%
50%
Chapman Elementary School
Chapman Heights Rd. at Cramer Rd.
50%
50%
Competitive Edge Charter Academy
Stonewood Dr. at 5th Street
50%
50%
Yucaipa High School
Yucaipa Blvd. at 12th St.
50%
50%
Calimesa Elementary School
2nd St. at County Line Rd.
67%
33%
FISCAL IMPACT:
The estimated cost of the recommended action is $57,584, approximately half of which will be reimbursed by the District.
Attachment:
1. Agreement for Crossing Guard Services
Approved by:
ATTACHMENT 1
CITY OF YUCAIPA
YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT
AGREEMENT FOR CROSSING GUARD SERVICES
THIS AGREEMENT, made and entered into this of , 2024, by and between the CITY OF YUCAIPA, and the YUCAIPA-CALIMESA UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT".
RECITALS
WHEREAS, the CITY OF YUCAIPA has personnel specifically skilled, trained, experienced, and competent to render the services described in Article 1 of this agreement, and the CITY OF YUCAIPA and the DISTRICT require these services; and WHEREAS, the CITY OF YUCAIPA and the DISTRICT feel it is appropriate that these services continue to be provided;
WHEREAS, the DISTRICT is unable to obtain the services described in Article 1 of this agreement at no cost from public agencies;
NOW, THEREFORE, the CITY OF YUCAIPA, and the DISTRICT mutually agree as follows:
1. Services to be Provided by the CITY OF YUCAIPA
a. The CITY OF YUCAIPA will render the services described below:
The CITY OF YUCAIPA and the DISTRICT agree that the CITY OF YUCAIPA will provide one crossing guard at each of the following locations:
1) Susan Street at the intersection of Holmes Street
2) 12th Street at the intersection of "E" Street
3) Tahoe Drive at the intersection of Sunnyside Drive
4) "E" Street at the intersection of 8th Street
5) Chapman Heights Road at the intersection of Cramer Road 6) Stonewood Drive at the intersection of Fairport Way
7) Yucaipa Blvd at the intersection of 12th Street
8) 2nd Street at the intersection of County Line Road
b. The CITY OF YUCAIPA will provide crossing guard services at the intersections specified in Subsection (a) during the school year. Schedules and hours will vary per school site and be provided to the CITY OF YUCAIPA in advance. c. The CITY OF YUCAIPA will commence work under this agreement beginning August 8, 2024, and will provide this service for academic years 2024/2025, not including summer school.
d. The CITY OF YUCAIPA will provide these services and direction for employees in an independent manner. The CITY OF YUCAIPA is independent of the DISTRICT and is not under the control of the DISTRICT as to the results to be accomplished or to the means or manner by which such results shall be accomplished.
e. The parties acknowledge that there may be a need to reassess staffing levels and locations throughout the Term of the Agreement, for reasons including but not limited to changes in school operations. The parties agree to meet twice annually, or more often if requested by one of the parties, to evaluate staffing levels, locations, and adjust as necessary. The CITY OF YUCAIPA shall not be required to refund any fees paid by the DISTRICT that have already been expended by the CITY OF YUCAIPA to pay for crossing guard services or supplies.
2. The CITY OF YUCAIPA's Fee and Payment Thereof
a. The DISTRICT will pay the CITY OF YUCAIPA for services rendered pursuant to this agreement as follows for the 2024/2025, academic year:
1) 50% of the cost of providing Crossing Guard Services at Wildwood Elementary, Dunlap Elementary, Ridgeview Elementary, Park View Middle, Valley Elementary, Chapman Heights Elementary, Competitive Edge Charter School, and Yucaipa High School;
2) 67% of the cost providing Crossing Guard Services at Calimesa Elementary.
3) The total amount owed to the CITY OF YUCAIPA by the DISTRICT will not exceed the amount of $35,000.
b. The amount included in this Section 2 shall constitute the total sum due and owing to the CITY OF YUCAIPA by the DISTRICT for the crossing guard services provided by the CITY OF YUCAIPA in the performance of the AGREEMENT.
c. The DISTRICT will not withhold federal or state income tax deductions from payments made to the CITY OF YUCAIPA under this agreement. d. The CITY OF YUCAIPA will bill the DISTRICT twice annually (January/June) for payment under this agreement. The DISTRICT will process the invoice and pay one-half of the annual amounts due within 30 days of the date of the invoice.
3. Duration of Agreement
The term of this agreement shall be from August 1, 2024, to and including June 30, 2025.
4. Termination of Agreement
a. Termination for Breach. Either party may terminate this agreement in the event of a material breach by the other party by providing written notice to the breaching party, specifically identifying the breach or breaches on which such notice of termination is based. The breaching party shall have a right to cure such breach within 30 days of receipt of such notice and this agreement shall terminate if such cure is not made within such 30-day period.
b. Termination Without Cause. CITY OF YUCAIPA may terminate this agreement at any time and for any or no reason upon ninety (90) days' written notice to DISTRICT.
5. Successors and Assigns
This agreement shall not be assignable except with written consent of the parties hereto.
The CITY OF YUCAIPA may, however, in its sole discretion, determine how the services provided under the agreement will be accomplished and may contract or assign any obligations to provide services without notice of consent of the DISTRICT.
6. Hold Harmless
The CITY OF YUCAIPA hereby agrees to save and hold harmless the DISTRICT and their departments, agencies, officers or employees from all sums which the DISTRICT or any of its departments, agencies, officers or employees may be obligated to pay by reason of any liability imposed upon them for damages arising out of the performance of the services rendered solely by the CITY OF YUCAIPA and caused by any error, omission or act of the CITY OF YUCAIPA or any person employed by it or of any others for whose acts the CITY OF YUCAIPA is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees.
The DISTRICT hereby agree to save and hold harmless the CITY OF YUCAIPA and its departments, agencies, officers or employees from all sums which the CITY OF YUCAIPA or any of its departments, agencies, officers or employees may be obligated to pay by reason of any liability imposed upon them for damages arising out of the performance of
the services rendered by the DISTRICT and caused by any error, omission or act of the DISTRICT or any person employed by him or her or of any others for whose acts the DISTRICT is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation and reasonable attorney's fees.
7. General Provisions
a. The CITY OF YUCAIPA shall comply with all federal, state and local laws and ordinances applicable to such work. The CITY OF YUCAIPA shall provide workers' compensation insurance or self -insure for these services. b. Notice. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during CITY OF YUCAIPA or DISTRICT's regular business hours, (c) by email or facsimile (with confirmation of receipt) or (d) three business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
To CITY OF YUCAIPA: 34272 Yucaipa Blvd.
Yucaipa, California 92399
To DISTRICT:
Yucaipa-Calimesa Joint Unified School District
12797 Third Street,
Yucaipa, California 92399
c. Conflict of Law. This agreement shall be interpreted under and enforced by the laws of the State of California. The agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this agreement (or the successors of those authorities). Any suits brought pursuant to this agreement shall be filed with the Superior Court of the County of San Bernardino, State of California.
d. Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
e. Integrated Contract. This agreement represents the full and complete understanding of every kind or nature whatsoever between the parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this agreement will be effective only by a written document signed by both CITY OF YUCAIPA and DISTRICT.
f. Authority. The individual(s) executing this agreement represent and warrant that they have the legal authority to do so on behalf of their respective legal entities. g•
Inserted Provisions. Each provision and clause required by law to be inserted into the agreement shall be deemed to be enacted herein, and the agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the agreement shall be amended to make such insertion on application by either party. h. Captions and Terms. The captions in this agreement are for convenience only, are not a part of the agreement and in no way affect, limit or amplify the terms or provisions of this agreement.
i. Force Majeure. CITY OF YUCAIPA shall not be liable for any failure to perform its obligations under this agreement if CITY OF YUCAIPA presents acceptable evidence that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond CITY OF YUCAIPA's reasonable control and not due to any act by CITY OF YUCAIPA.
Attorney Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled.
k. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be illegal, invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
1. No Third -Party Beneficiaries Intended. This agreement is made solely for the benefit of the parties to this agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this agreement.
m. Counterparts; Facsimile/PDF/Electronic Signature. This agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument. The parties agree that a facsimile, PDF or electronic signature may substitute for and have the same legal effect as the original signature.
n. Drafting Party. This agreement shall be construed without regard to the party that drafted it. Any ambiguity shall not be interpreted against either party and shall, instead, be resolved in accordance with other applicable rules concerning the interpretation of contracts.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.
CITY OF YUCAIPA
By its Authorized Representative(s):
YUCAIPA-CALIMESA JOINT
UNIFIED SCHOOL DISTRICT
By its Authorized Representative(s):
Chris Mann, City Manager Cali Binks, YCJUSD Superintendent Date Date
ATTEST:
City Clerk
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By: