Item No. 18
STAFF REPORT
DATE: July 27, 2026
TO: Honorable Mayor and City Council
FROM: Dr. Sean M. Moore, City Manager �+�j
PREPARED BY: Megan Wolfe, Director of Comm 'ty Services �1MJ Sarah Valdepena, Community Services Recreation Superintendent SUBJECT: Crossing Guard Agreement
RECOMMENDATION:
That the City Council:
Approve and authorize the Crossing Guard Agreement with the Yucaipa-Calimesa Joint Unified School District and the City of Calimesa; or
2. Provide further direction to staff.
BACKGROUND/DISCUSSION:
The City of Yucaipa has a long-standing partnership with the Yucaipa-Calimesa Joint Unified School District and, historically, the City of Calimesa for the provision of Crossing Guard Services at school -area intersections. This collaboration dates back to 1994 and has been maintained through various agreements that have evolved to reflect operational needs, liability considerations, and cost - sharing structures.
While previous agreements primarily focused on service delivery within the City of Yucaipa, the new agreement formally re-establishes a three -party partnership with the City of Calimesa as an active contracting party and cost -share participant. In addition, the agreement includes one designated Crossing Guard location within the City of Calimesa that will be staffed and managed by the City of Yucaipa.
The agreement continues the shared commitment of the City of Yucaipa, the District, and the City of Calimesa to support safe pedestrian access for students traveling to and from school. Under the agreement, the City of Yucaipa will continue to employ, train, and manage Crossing Guard personnel who will provide services during the academic year at designated intersections, excluding summer school periods.
A key enhancement in this agreement is the inclusion of the City of Calimesa as both a funding partner and service beneficiary at select locations, reflecting shared regional student travel patterns and interjurisdictional safety needs.
The agreement includes the following service locations and cost -sharing structure:
50/50 City of Yucaipa and District:
Crossing Guard services supporting:
o Wildwood Elementary
o Dunlap Elementary
o Ridgeview Elementary/Park View Middle
o Valley Elementary
o Chapman Heights Elementary
o Competitive Edge Charter School
• Three -Party Cost Allocation (City of Yucaipa/District/City of Calimesa):
Crossing Guard services supporting:
o Calimesa Elementary
Full intersection -level detail and exact percentages are included in the attached agreement. The cost -sharing structure reflects the participating agencies' shared responsibility for providing Crossing Guards throughout the Yucaipa-Calimesa area.
Staff recommends a five-year agreement term to provide stability for budgeting, staffing, training, and long-term program administration while allowing the parties to annually review service locations and operational needs.
FISCAL IMPACT:
The Fiscal Year 2026-2027 Draft Budget includes estimated Crossing Guard Program expenditures of $109,508.33 and projected revenues of $63,879.86 from the Yucaipa-Calimesa Joint Unified School District and the City of Calimesa. The estimated net General Fund cost to the City of Yucaipa is approximately $45,628.47.
Attachment:
1. Crossing Guard Agreement
ATTACHMENT 1
CITY OF YUCAIPA
YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT
CITY OF CALIMESA
AGREEMENT FOR CROSSING GUARD SERVICES
THIS AGREEMENT, made and entered into this of , 2026, by and between the CITY OF YUCAIPA, the YUCAIPA-CALIMESA UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT", and the CITY OF CALIMESA.
RECITALS
WHEREAS, the CITY OF YUCAIPA has personnel specifically skilled, trained, experienced, and competent to render the services described in this agreement and the CITY OF YUCAIPA, DISTRICT, and CALIMESA require these services; and WHEREAS, the CITY OF YUCAIPA, DISTRICT, and the CITY OF CALIMESA feel it is appropriate that these services continue to be provided during academic periods; WHEREAS, the DISTRICT and the CITY OF CALIMESA are unable to obtain the services described in Article 1 of this agreement at no cost from public agencies; NOW, THEREFORE, the CITY OF YUCAIPA, DISTRICT, and the CITY OF CALIMESA mutually agree as follows:
1. Services to be Provided by the CITY OF YUCAIPA
a. The CITY OF YUCAIPA, DISTRICT, and the CITY OF CALIMESA agree that the CITY OF YUCAIPA will provide Crossing Guards Services at the designated locations. Such Services shall be performed only during each academic year for the duration of this Agreement, summer school, and during special school events as agreed upon by the Parties.
i. The cost of providing the following Crossing Guards Services will be shared equally by the CITY OF YUCAIPA and the DISTRICT at the following locations:
a) Susan Street at the intersection of Holmes Street
b) 12th Street at the intersection of "E" Street
c) Tahoe Drive at the intersection of Sunnyside Drive
d) 8th Street at the intersection of Reedywoods Lane
e) Chapman Heights Road at the intersection of Cramer Road f) 5th Street at the intersection of Stonewood Drive
ii. The CITY OF YUCAIPA will provide Crossing Guard Services at the following intersections, and one-fourth of the cost of providing services will be paid by the CITY OF YUCAIPA, one-fourth of the cost will be paid by the CITY OF CALIMESA, and one-half of the cost will be paid by the DISTRICT:
a) 2nd Street at the intersection of County Line Road
b) Yucaipa Blvd at the intersection of 12th Street
c) 13th Street at the intersection of Thunderbird Way
iii. The CITY OF YUCAIPA will provide Crossing Guard Services at the following intersections, and one-half of the cost of providing services will be paid by the CITY OF CALIMESA and one-half of the cost will be paid for by the DISTRICT:
a) 7th Street at the intersection of Sandalwood Drive
b. The CITY OF YUCAIPA will provide Crossing Guard Services at the intersections specified in Section I during the school year. Schedules and hours will vary per school site and will be provided to the CITY OF YUCAIPA in advance.
The CITY OF YUCAIPA will commence work under this agreement beginning August 6, 2026, and will provide Crossing Guard Services for five academic years, 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 the CITY OF CALIMESA and is not under the control of the DISTRICT and the CITY OF CALIMESA as to the results to be accomplished or to the means or manner by which such results shall be accomplished.
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 once annually, or more often if requested by one of the parties, to evaluate staffing levels and locations, and make adjustments as necessary. The CITY OF YUCAIPA shall not be required to refund any fees paid by the DISTRICT and the CITY OF CALIMESA 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 Pavment Thereof
a. The DISTRICT will pay the CITY OF YUCAIPA for Crossing Guard Services rendered pursuant to this agreement as follows for the 2026/2027 through 2030/2031 academic years:
i. 50% of the cost of providing Crossing Guard Services at Wildwood Elementary, Dunlap Elementary, Ridgeview Elementary, Calimesa Elementary, Park View Middle, Valley Elementary, Chapman Heights Elementary, Competitive Edge Charter School, and Yucaipa High School; b. The CITY OF CALIMESA will pay the CITY OF YUCAIPA for Crossing Guard Services rendered pursuant to this agreement as follows for the 2026/2027 through 2030/2031 academic years:
i. 25% of the cost of providing Crossing Guard Services at Calimesa Elementary School.
The amount included in this section shall constitute the total sum due and owing to the CITY OF YUCAIPA by the DISTRICT and the CITY OF CALIMESA for the Crossing Guard Services provided by the CITY OF YUCAIPA in the performance of the AGREEMENT. Cost of providing Crossing Guard Services means actual salary, benefits, payroll taxes, workers' compensation insurance, uniforms, training, supplies, supervision, and administrative costs.
d. Costs shall be recalculated annually based upon actual Crossing Guard wages, benefits, payroll taxes, workers' compensation costs, administrative costs, and other direct program expenses incurred by the CITY OF YUCAIPA. e. The CITY OF YUCAIPA will bill the DISTRICT and the CITY OF CALIMESA twice annually (January/June) for payment under this agreement. The DISTRICT and the CITY OF CALIMESA 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 July 1, 2026, to and including June 30, 2031.
4. Termination of Agreement
a. Termination for Breach. Any party may terminate this agreement in the event of a material breach by the other parties 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 in the event that such cure is not made within such 30-day period. b. Termination Without Cause. Any party may may terminate this agreement at any time and for any or no reason upon ninety (90) days' written notice to the CITY OF YUCAIPA and the other entity.
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 or consent of the DISTRICT and the CITY OF CALIMESA.
6. Hold Harmless
Government Code Section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public agencies being parties to an agreement as defined in Government Code Section 895. Therefore, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, each assumes the full liability imposed upon it or any of its officers, agents, representatives or employees by law for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each party indemnifies and holds harmless the other party for any loss, cost, or expense, including reasonable attorneys' fees that may be imposed upon or incurred by such other party solely by virtue of Government Code Section 895.21. No party or any of its officers, agents, volunteers, contractors, or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of another party under or in connection with any obligation delegated to the parties under this Agreement. Each party shall indemnify, defend and hold harmless the other party, its officers, agents, volunteers, contractors, and employees from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), or claims for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of the party's own officers, agents, contractors, or employees under or in connection with any obligation delegated to such party under this agreement. Each party's obligations under this paragraph shall survive termination of this Agreement.
7. General Provisions.
a. The Parties 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, the DISTRICT'S, or the CITY OF CALIMESA'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
To CITY OF CALIMESA: 908 Park Avenue
Calimesa, California 92320
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 the CITY OF YUCAIPA, the DISTRICT, and the CITY OF CALIMESA.
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.
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.
j. 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 parry 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.
No Third Parry 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):
Dr. Sean m. Moore, City Manager
Date
ATTEST:
IIn
Ana V. Sauseda, MMC
Director of General Services/City Clerk
APPROVED AS TO FORM:
Steven Graham Pacifico
City Attorney
YUCAIPA-CALIMESA JOINT UNIFIED
SCHOOL DISTRICT
By its Authorized Representative(s):
Cali Binks, YCJUSD Superintendent
Date
CITY OF CALIMESA
By its Authorized Representative(s):
Will Kolbow, City Manager
Date